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NINETY-THIRD DAY
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MORNING SESSION
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Senate Chamber, Olympia, Tuesday, April 11, 1995
The Senate was called to order at 10:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Cal Anderson, Pelz, Rinehart and Schow. On motion of Senator Loveland, Senators Cal Anderson, Pelz and Rinehart were excused. On motion of Senator Ann Anderson, Senator Schow was excused.
The Sergeant at Arms Color Guard, consisting of Pages Annette Thurston and Nick Whitehouse, presented the Colors. Reverend Tammy Leiter, pastor of the Westminster Presbyterian Church of Olympia, offered the prayer.
MOTION
On motion of Senator Spanel, the reading of the Journal of the previous day was dispensed with and it was approved.
MESSAGES FROM THE HOUSE
April 10, 1995
MR. PRESIDENT:
The House has passed:
SUBSTITUTE SENATE BILL NO. 5106,
SUBSTITUTE SENATE BILL NO. 5647,
SENATE BILL NO. 5771, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 10, 1995
MR. PRESIDENT:
The Speaker has signed:
SENATE BILL NO. 5401,
SUBSTITUTE SENATE BILL NO. 5764,
SENATE BILL NO. 5767,
SUBSTITUTE SENATE BILL NO. 5804,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5820,
SUBSTITUTE SENATE BILL NO. 5835,
SENATE BILL NO. 5857,
SENATE BILL NO. 5871,
SUBSTITUTE SENATE BILL NO. 5918,
SUBSTITUTE SENATE BILL NO. 6026,
SENATE JOINT MEMORIAL NO. 8010, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 10, 1995
MR. PRESIDENT:
The Speaker has signed:
SUBSTITUTE SENATE BILL NO. 5410,
SENATE BILL NO. 5430,
SENATE BILL NO. 5433,
SUBSTITUTE SENATE BILL NO. 5435,
ENGROSSED SENATE BILL NO. 5437, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 10, 1995
MR. PRESIDENT:
The Speaker has signed:
SENATE BILL NO. 5043,
SUBSTITUTE SENATE BILL NO. 5164,
SENATE BILL NO. 5165,
SUBSTITUTE SENATE BILL NO. 5166,
SUBSTITUTE SENATE BILL NO. 5214,
ENGROSSED SENATE BILL NO. 5276,
SENATE BILL NO. 5355,
SENATE BILL NO. 5369,
SENATE BILL NO. 5398,
SUBSTITUTE SENATE BILL NO. 5440,
SUBSTITUTE SENATE BILL NO. 5769, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 10, 1995
MR. PRESIDENT:
The Speaker has signed:
HOUSE BILL NO. 1059,
HOUSE BILL NO. 1226,
SUBSTITUTE HOUSE BILL NO. 1437,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1452,
HOUSE BILL NO. 1525,
SUBSTITUTE HOUSE BILL NO. 1549,
SUBSTITUTE HOUSE BILL NO. 1671,
SUBSTITUTE HOUSE BILL NO. 1744,
SUBSTITUTE HOUSE BILL NO. 1777,
SUBSTITUTE HOUSE BILL NO. 1917,
HOUSE BILL NO. 2022, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 10, 1995
MR. PRESIDENT:
The House failed to pass SUBSTITUTE SENATE BILL NO. 5735.
TIMOTHY A. MARTIN, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE SENATE BILL NO. 5106,
SUBSTITUTE SENATE BILL NO. 5647,
SENATE BILL NO. 5771.
SIGNED BY THE PRESIDENT
The President signed:
HOUSE BILL NO. 1059,
HOUSE BILL NO. 1226,
SUBSTITUTE HOUSE BILL NO. 1437,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1452,
HOUSE BILL NO. 1525,
SUBSTITUTE HOUSE BILL NO. 1549,
SUBSTITUTE HOUSE BILL NO. 1671,
SUBSTITUTE HOUSE BILL NO. 1744,
SUBSTITUTE HOUSE BILL NO. 1777,
SUBSTITUTE HOUSE BILL NO. 1917,
HOUSE BILL NO. 2022.
SECOND READING
GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Owen, Gubernatorial Appointment No. 9081, William S. Williams, as a member of the Board of Pilotage Commissioners was confirmed.
APPOINTMENT OF WILLIAM S. WILLIAMS
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.
Excused: Senators Anderson, C., Pelz, Rinehart and Schow - 4.
INTRODUCTION OF SPECIAL GUEST
The President welcomed and introduced Congressman Norm Dicks who was seated on the rostrum.
With permission of the Senate, business was suspended to permit Congressman Dicks to address the Senate.
MOTION
On motion of Senator Gaspard, the following resolution was adopted:
SENATE RESOLUTION 1995-8645
By Senators Gaspard, Owen, Wojahn, Oke, Johnson, Drew, Rasmussen, Sutherland, Kohl, Winsley and Swecker
WHEREAS, This year marks the Fiftieth anniversary of successful breeding of trout and salmon by Troutlodge Incorporated; and
WHEREAS, Troutlodge Inc., founded by Edward McLeary in 1945, originated at the headwaters of Rocky Ford Creek near Soap Lake and then later was expanded to locations near Tacoma, McMillan, Ephrata and Hoodsport, Washington as well as Hood River, Oregon; and
WHEREAS, With this expansion, the McLeary's were able to more readily ship their products to new and expanding foreign markets, thus turning their once small business into a world-renowned producer of top quality Rainbow Trout and Atlantic Salmon; and
WHEREAS, Today the McLeary family continues to operate Troutlodge according to state of the art innovations and selective breeding techniques which yield genetically fit live trout eggs year round; and
WHEREAS, It is this spirit of being the best that has made Troutlodge the largest individual salmonoid egg producer and supplier in the world, exporting more than three hundred million live trout eggs to twenty-five foreign countries and thirty other states nationwide; and
WHEREAS, In recognition of their excellence, Governor Lowry has declared September 4th as Troutlodge Incorporated Day;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate hereby honors Troutlodge Inc. and the McLeary family for exhibiting the true spirit of success and for being an example of high stature for all to admire.
Senators Gaspard, Oke, Rasmussen, Wojahn, Swecker, Hochstatter and Morton spoke to Senate Resolution 1995-8645.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the Edward McLeary family, who were seated in the gallery.
MOTION
On motion of Senator Haugen, the following resolution was adopted:
SENATE RESOLUTION 1995-8646
By Senator Haugen
WHEREAS, It is the policy of the Washington State Legislature to recognize excellence in all fields of endeavor; and
WHEREAS, The Governor has proclaimed April 1995 to be Drug Free Washington Month in the state of Washington and the Drug Abuse Resistance Education (DARE) program is a unique, exemplary program which is extraordinarily effective in reducing illegal and illicit drug and alcohol abuse through education; and
WHEREAS, Sergeant John Dyer is an example of the highest level of excellence in his service to the DARE program and commitment to the citizens of the great state of Washington; and
WHEREAS, Sergeant Dyer has served since 1989 with distinction for the city of Oak Harbor in an exemplary manner as a DARE Officer, contributing to the overwhelming success of the program beyond everyone's expectations, in part by bringing important information to adults to support a program which has been so successful; and
WHEREAS, Sergeant Dyer has dedicated himself to the laudable principles of the DARE program with an unyielding dedication, enduring perseverance, and selfless devotion that has been an example for DARE officers everywhere; and
WHEREAS, Sergeant Dyer has successfully taught over seven thousand school children about the danger, peril and threat of illicit drugs, and has sponsored community activities and events, which raised funds for continued DARE efforts and brought the deserving message of DARE to the greater community and developed support and partnership between law enforcement and those that they serve; and
WHEREAS, Sergeant Dyer's substantial and considerable personal and professional contributions are continually hallmarked by goodwill, generosity, benevolence, spontaneous and good natured humor, enthusiasm, compassionate understanding, as well as talent, skill and expertise that has earned him well-deserved gratitude of the community, and his outstanding rapport with students enhanced his ability to communicate the objectives of DARE, illustrated by many letters of testimony from former students of the beneficial effect that he has had on their lives; and
WHEREAS, The Legislature recognizes that the dramatic and unique challenges that face our great state of Washington are only surmounted because of the efforts, commitment, devotion and unwavering excellence of individuals such as Sergeant Dyer; and
NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington honors the highest level of excellence demonstrated by Sergeant Dyer in his dedicated and committed public service to the community of Oak Harbor and the greater state of Washington and for the outstanding example that he has set for others; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Sergeant Dyer and the Chief of Police of Oak Harbor.
MOTION
On motion of Senator Spanel, the Senate returned to the sixth order of business.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1560, by House Committee on Transportation (originally sponsored by Representatives K. Schmidt and Blanton) (by request of Attorney General Gregoire)
Penalizing fuel tax evasion.
The bill was read the second time.
MOTIONS
On motion of Senator Smith, the following Committee on Law and Justice amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 82.36.010 and 1993 c 54 s 1 are each amended to read as follows:
For the purposes of this chapter:
(1) "Motor vehicle" means every vehicle that is in itself a self-propelled unit, equipped with solid rubber, hollow-cushion rubber, or pneumatic rubber tires and capable of being moved or operated upon a public highway, except motor vehicles used as motive power for or in conjunction with farm implements and machines or implements of husbandry;
(2) "Motor vehicle fuel" means gasoline or any other inflammable gas or liquid, by whatsoever name such gasoline, gas, or liquid may be known or sold, the chief use of which is as fuel for the propulsion of motor vehicles or motorboats;
(3) "Distributor" means every person who refines, manufactures, produces, or compounds motor vehicle fuel and sells, distributes, or in any manner uses it in this state; also every person engaged in business as a bona fide wholesale merchant dealing in motor vehicle fuel who either acquires it within the state from any person refining it within or importing it into the state, on which the tax has not been paid, or imports it into this state and sells, distributes, or in any manner uses it in this state; also every person who acquires motor vehicle fuel, on which the tax has not been paid, and exports it by commercial motor vehicle as defined in RCW 82.37.020 to a location outside the state. For the purposes of liability for a county fuel tax, "distributor" has that meaning defined in the county ordinance imposing the tax;
(4) "Service station" means a place operated for the purpose of delivering motor vehicle fuel into the fuel tanks of motor vehicles;
(5) "Department" means the department of licensing;
(6) "Director" means the director of licensing;
(7) "Dealer" means any person engaged in the retail sale of liquid motor vehicle fuels;
(8) "Person" means every natural person, firm, partnership, association, or private or public corporation;
(9) "Highway" means every way or place open to the use of the public, as a matter of right, for purposes of vehicular travel;
(10) "Broker" means every person, other than a distributor, engaged in business as a broker, jobber, or wholesale merchant dealing in motor vehicle fuel or other petroleum products used or usable in propelling motor vehicles, or in other petroleum products which may be used in blending, compounding, or manufacturing of motor vehicle fuel;
(11) "Producer" means every person, other than a distributor, engaged in the business of producing motor vehicle fuel or other petroleum products used in, or which may be used in, the blending, compounding, or manufacturing of motor vehicle fuel;
(12) "Distribution" means all withdrawals of motor vehicle fuel for delivery to others, to retail service stations, or to unlicensed bulk storage plants;
(13) "Bulk storage plant" means, pursuant to the licensing provisions of RCW 82.36.070, any plant, under the control of the distributor, used for the storage of motor vehicle fuel to which no retail outlets are directly connected by pipe lines;
(14) "Marine fuel dealer" means any person engaged in the retail sale of liquid motor vehicle fuel whose place of business and or sale outlet is located upon a navigable waterway;
(15) "Alcohol" means alcohol that is produced from renewable resources;
(16) "Electronic funds transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account;
(17) "Evasion" or "evade" means to diminish or avoid the computation, assessment, or payment of authorized taxes or fees through:
(a) A knowing: False statement, misrepresentation of fact, or other act of deception; or
(b) An intentional: Omission, failure to file a return or report, or other act of deception.
Sec. 2. RCW 82.36.380 and 1961 c 15 s 82.36.380 are each amended to read as follows:
((Any person failing to pay the tax as herein provided, or violating any of the other provisions of this chapter, or making any false statement, or concealing any material fact in any report, record, affidavit, or claim provided for herein, shall be guilty of a gross misdemeanor, and upon conviction thereof shall be punished by a fine of not less than five hundred dollars nor more than five thousand dollars or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment.))
(1) It is unlawful for a person or corporation to evade a tax or fee imposed under this chapter.
(2) Evasion of taxes or fees under this chapter is a class C felony under chapter 9A.20 RCW. In addition to other penalties and remedies provided by law, the court shall order a person or corporation found guilty of violating subsection (1) of this section to:
(a) Pay the tax or fee evaded plus interest, commencing at the date the tax or fee was first due, at the rate of twelve percent per year, compounded monthly; and
(b) Pay a penalty of fifty percent of the tax evaded, to the general fund of the state.
Sec. 3. RCW 82.38.020 and 1994 c 262 s 22 are each amended to read as follows:
As ((hereinafter)) used in this chapter:
(1) "Person" means every natural person, fiduciary, association, or corporation. The term "person" as applied to an association means and includes the partners or members thereof, and as applied to corporations, the officers thereof.
(2) "Department" means the department of licensing.
(3) "Highway" means every way or place open to the use of the public, as a matter of right, for the purpose of vehicular travel.
(4) "Motor vehicle" means every self-propelled vehicle designed for operation upon land utilizing special fuel as the means of propulsion.
(5) "Special fuel" means and includes all combustible gases and liquids suitable for the generation of power for propulsion of motor vehicles, except that it does not include motor vehicle fuel as defined in chapter 82.36 RCW.
(6) "Bulk storage" means the placing of special fuel by a special fuel dealer into a receptacle other than the fuel supply tank of a motor vehicle.
(7) "Special fuel dealer" means any person engaged in the business of delivering special fuel into the fuel supply tank or tanks of a motor vehicle not then owned or controlled by him, or into bulk storage facilities for subsequent use in a motor vehicle. For this purpose the term "fuel supply tank or tanks" does not include cargo tanks even though fuel is withdrawn directly therefrom for propulsion of the vehicle.
(8) "Special fuel user" means any person purchasing special fuel into bulk storage without payment of the special fuel tax for subsequent use in a motor vehicle, or any person engaged in interstate commercial operation of motor vehicles any part of which is within this state.
(9) "Service station" means any location at which fueling of motor vehicles is offered to the general public.
(10) "Unbonded service station" means any service station at which an unbonded special fuel dealer regularly makes sales of special fuel by means of delivery thereof into the fuel supply tanks of motor vehicles.
(11) "Bond" means: (a) A bond duly executed by such special fuel dealer or special fuel user as principal with a corporate surety qualified under the provisions of chapter 48.28 RCW which bond shall be payable to the state of Washington conditioned upon faithful performance of all requirements of this chapter, including the payment of all taxes, penalties, and other obligations of such dealer, arising out of this chapter; or (b) a deposit with the state treasurer by the special fuel dealer or special fuel user, under such terms and conditions as the department may prescribe, a like amount of lawful money of the United
States or bonds or other obligations of the United States, the state of Washington, or any county of said state, of an actual market value not less than the amount so fixed by the department; or (c) such other instruments as the department may determine and prescribe by rule to protect the interests of the state and to insure compliance of the requirements of this chapter.
(12) "Lessor" means any person (a) whose principal business is the bona fide leasing or renting of motor vehicles without drivers for compensation to the general public, and (b) who maintains established places of business and whose lease or rental contracts require such motor vehicles to be returned to the established places of business.
(13) "Natural gas" means naturally occurring mixtures of hydrocarbon gases and vapors consisting principally of methane, whether in gaseous or liquid form.
(14) "Standard pressure and temperature" means fourteen and seventy-three hundredths pounds of pressure per square inch at sixty degrees Fahrenheit.
(15) "Evasion" or "evade" means to diminish or avoid the computation, assessment, or payment of authorized taxes or fees through:
(a) A knowing: False statement, misrepresentation of fact, or other act of deception; or
(b) An intentional: Omission, failure to file a return or report, or other act of deception.
Sec. 4. RCW 82.38.270 and 1979 c 40 s 19 are each amended to read as follows:
((It shall be unlawful for any person to:
(1) Refuse, or knowingly and intentionally fail to make and file any statement required by this chapter in the manner or within the time required;
(2) Knowingly and with intent to evade or to aid in the evasion of the tax imposed herein to make any false statement or conceal any material fact in any record, return, or affidavit provided for in this chapter;
(3) Conduct any activities requiring a license under this chapter without a license or after a license has been suspended, surrendered, canceled, or revoked;
(4) Fail to keep and maintain the books and records required by this chapter;
(5) Divert special fuel purchased for a nontaxable use to a use subject to the taxes imposed by this chapter without payment of the taxes as required by this chapter.
Except as otherwise provided by law, any person violating any of the provisions of this chapter shall be guilty of a gross misdemeanor and shall, upon conviction thereof, be sentenced to pay a fine of not less than five hundred dollars nor more than one thousand dollars and costs of prosecution, or imprisonment for not more than one year, or both.
The fine and imprisonment provided for in this section shall be in addition to any other penalty imposed by any other provision of this chapter.)) (1) It is unlawful for a person or corporation to evade a tax or fee imposed under this chapter.
(2) Evasion of taxes or fees under this chapter is a class C felony under chapter 9A.20 RCW. In addition to other penalties and remedies provided by law, the court shall order a person or corporation found guilty of violating subsection (1) of this section to:
(a) Pay the tax or fee evaded plus interest, commencing at the date the tax or fee was first due, at the rate of twelve percent per year, compounded monthly; and
(b) Pay a penalty of fifty percent of the tax evaded, to the general fund of the state.
Sec. 5. RCW 9A.04.080 and 1993 c 214 s 1 are each amended to read as follows:
(1) Prosecutions for criminal offenses shall not be commenced after the periods prescribed in this section.
(a) The following offenses may be prosecuted at any time after their commission:
(i) Murder;
(ii) Arson if a death results.
(b) The following offenses shall not be prosecuted more than ten years after their commission:
(i) Any felony committed by a public officer if the commission is in connection with the duties of his or her office or constitutes a breach of his or her public duty or a violation of the oath of office;
(ii) Arson if no death results; or
(iii) Violations of RCW 9A.44.040 or 9A.44.050 if the rape is reported to a law enforcement agency within one year of its commission; except that if the victim is under fourteen years of age when the rape is committed and the rape is reported to a law enforcement agency within one year of its commission, the violation may be prosecuted up to three years after the victim's eighteenth birthday or up to ten years after the rape's commission, whichever is later. If a violation of RCW 9A.44.040 or 9A.44.050 is not reported within one year, the rape may not be prosecuted: (A) More than three years after its commission if the violation was committed against a victim fourteen years of age or older; or (B) more than three years after the victim's eighteenth birthday or more than seven years after the rape's commission, whichever is later, if the violation was committed against a victim under fourteen years of age.
(c) Violations of the following statutes shall not be prosecuted more than three years after the victim's eighteenth birthday or more than seven years after their commission, whichever is later: RCW 9A.44.073, 9A.44.076, 9A.44.083, 9A.44.086, 9A.44.070, 9A.44.080, 9A.44.100(1)(b), or 9A.64.020.
(d) The following offenses shall not be prosecuted more than six years after their commission: Violations of RCW 9A.82.060 or 9A.82.080.
(e) The following offenses shall not be prosecuted more than five years after their commission: Any class C felony under chapter 74.09, 82.36, or 82.38 RCW.
(f) Bigamy shall not be prosecuted more than three years after the time specified in RCW 9A.64.010.
(g) No other felony may be prosecuted more than three years after its commission.
(h) No gross misdemeanor may be prosecuted more than two years after its commission.
(i) No misdemeanor may be prosecuted more than one year after its commission.
(2) The periods of limitation prescribed in subsection (1) of this section do not run during any time when the person charged is not usually and publicly resident within this state.
(3) If, before the end of a period of limitation prescribed in subsection (1) of this section, an indictment has been found or a complaint or an information has been filed, and the indictment, complaint, or information is set aside, then the period of limitation is extended by a period equal to the length of time from the finding or filing to the setting aside."
On motion of Senator Smith, the following title amendment was adopted:
On line 1 of the title, after "tax;" strike the remainder of the title and insert "amending RCW 82.36.010, 82.36.380, 82.38.020, 82.38.270, nd 9A.04.080; and prescribing penalties."
MOTION
On motion of Senator Smith, the rules were suspended, Substitute House Bill No. 1560, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1560, as amended by the Senate.
ROLL CALL
The Secretary call the roll on the final passage of Substitute House Bill No. 1560, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 39; Nays, 8; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Oke, Owen, Palmer, Pelz, Prentice, Quigley, Rasmussen, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, West, Winsley, Wojahn and Wood - 39.
Voting nay: Senators Anderson, A., Morton, Moyer, Newhouse, Prince, Roach, Schow and Swecker - 8.
Excused: Senators Anderson, C. and Rinehart - 2.
SUBSTITUTE HOUSE BILL NO. 1560, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1248, by House Committee on Trade and Economic Development (originally sponsored by Representatives Van Luven, G. Fisher, Boldt, Carrell, Campbell, Mason, Ebersole, B. Thomas, Cairnes, Radcliff, Cooke, Chandler, Mielke, Ballasiotes, Robertson, Mitchell, Schoesler, Appelwick, Sheldon, Costa, Morris, Basich and Conway)
Providing tax deferrals for a new thoroughbred race track facility.
The bill was read the second time.
MOTION
On motion of Senator Pelz, the following Committee on Labor, Commerce and Trade amendment was adopted:
On page 2, beginning on line 34, strike all of section 4 and insert the following:
"NEW SECTION. Sec. 4. (1) The recipient shall begin paying the deferred taxes in the fifth year after the date certified by the department as the date on which the investment project is operationally complete. The first payment is due on December 31st of the fifth calendar year after such certified date, with subsequent annual payments due on December 31st of the following nine years with amounts of payment scheduled as follows:
Repayment Year % of Deferred Tax Repaid
1 10%
2 10%
3 10%
4 10%
5 10%
6 10%
7 10%
8 10%
9 10%
10 10%
(2) The department may authorize an accelerated repayment schedule upon request of the recipient.
(3) Interest shall not be charged on any taxes deferred under this chapter for the period of deferral, although all other penalties and interest applicable to delinquent excise taxes may be assessed and imposed for delinquent payments under this chapter. The debt for deferred taxes is not extinguished by insolvency or other failure of the recipient."
MOTION
On motion of Senator Pelz, the rules were suspended, Substitute House Bill No. 1248, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1248, as amended by the Senate.
ROLL CALL
The Secretary call the roll on the final passage of Substitute House Bill No. 1248, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.
Voting nay: Senators Haugen, McCaslin and Prince - 3.
Excused: Senators Anderson, C. and Rinehart - 2.
SUBSTITUTE HOUSE BILL NO. 1248, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1205, by House Committee on Health Care (originally sponsored by Representative Dyer) (by request of Department of Social and Health Services)
Modifying physician self-referral provisions.
The bill was read the second time.
MOTION
Senator Moyer moved that the following amendment be adopted:
On page 3, after line 13, insert the following:
"Sec. 2. RCW 18.64.011 and 1989 1st ex.s. c 9 s 412 are each amended to read as follows:
Unless the context clearly requires otherwise, definitions of terms shall be as indicated when used in this chapter.
(1) "Person" means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.
(2) "Board" means the Washington state board of pharmacy.
(3) "Drugs" means:
(a) Articles recognized in the official United States pharmacopoeia or the official homeopathic pharmacopoeia of the United States;
(b) Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals;
(c) Substances (other than food) intended to affect the structure or any function of the body of man or other animals; or
(d) Substances intended for use as a component of any substances specified in (a), (b), or (c) of this subsection, but not including devices or their component parts or accessories.
(4) "Device" means instruments, apparatus, and contrivances, including their components, parts, and accessories, intended (a) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals, or (b) to affect the structure or any function of the body of man or other animals.
(5) "Nonlegend" or "nonprescription" drugs means any drugs which may be lawfully sold without a prescription.
(6) "Legend drugs" means any drugs which are required by any applicable federal or state law or regulation to be dispensed on prescription only or are restricted to use by practitioners only.
(7) "Controlled substance" means a drug or substance, or an immediate precursor of such drug or substance, so designated under or pursuant to the provisions of chapter 69.50 RCW.
(8) "Prescription" means an order for drugs or devices issued by a practitioner duly authorized by law or rule in the state of Washington to prescribe drugs or devices in the course of his or her professional practice for a legitimate medical purpose.
(9) "Practitioner" means a physician, dentist, veterinarian, nurse, or other person duly authorized by law or rule in the state of Washington to prescribe drugs.
(10) "Pharmacist" means a person duly licensed by the Washington state board of pharmacy to engage in the practice of pharmacy.
(11) "Practice of pharmacy" includes the practice of and responsibility for: Interpreting prescription orders; the compounding, dispensing, labeling, administering, and distributing of drugs and devices; the monitoring of drug therapy and use; the initiating or modifying of drug therapy in accordance with written guidelines or protocols previously established and approved for his or her practice by a practitioner authorized to prescribe drugs; the participating in drug utilization reviews and drug product selection; the proper and safe storing and distributing of drugs and devices and maintenance of proper records thereof; the providing of information on legend drugs which may include, but is not limited to, the advising of therapeutic values, hazards, and the uses of drugs and devices.
(12) "Pharmacy" means every place properly licensed by the board of pharmacy where the practice of pharmacy is conducted.
(13) The words "drug" and "devices" shall not include surgical or dental instruments or laboratory materials, gas and oxygen, therapy equipment, X-ray apparatus or therapeutic equipment, their component parts or accessories, or equipment, instruments, apparatus, or contrivances used to render such articles effective in medical, surgical, or dental treatment, or for use or consumption in or for mechanical, industrial, manufacturing, or scientific applications or purposes, nor shall the word "drug" include any article or mixture covered by the Washington pesticide control act (chapter 15.58 RCW), as enacted or hereafter amended, nor medicated feed intended for and used exclusively as a feed for animals other than man.
(14) The word "poison" shall not include any article or mixture covered by the Washington pesticide control act (chapter 15.58 RCW), as enacted or hereafter amended.
(15) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a drug or device, whether or not there is an agency relationship.
(16) "Dispense" means the interpretation of a prescription or order for a drug, biological, or device and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery.
(17) "Distribute" means the delivery of a drug or device other than by administering or dispensing.
(18) "Compounding" shall be the act of combining two or more ingredients in the preparation of a prescription.
(19) "Wholesaler" shall mean a corporation, individual, or other entity which buys drugs or devices for resale and distribution to corporations, individuals, or entities other than consumers.
(20) "Manufacture" means the production, preparation, propagation, compounding, or processing of a drug or other substance or device or the packaging or repackaging of such substance or device, or the labeling or relabeling of the commercial container of such substance or device, but does not include the activities of a practitioner who, as an incident to his or her administration or dispensing such substance or device in the course of his or her professional practice, prepares, compounds, packages, or labels such substance or device.
(21) "Manufacturer" shall mean a person, corporation, or other entity engaged in the manufacture of drugs or devices.
(22) "Labeling" shall mean the process of preparing and affixing a label to any drug or device container. The label must include all information required by current federal and state law and pharmacy rules.
(23) "Administer" means the direct application of a drug or device, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject.
(24) "Master license system" means the mechanism established by chapter 19.02 RCW by which master licenses, endorsed for individual state-issued licenses, are issued and renewed utilizing a master application and a master license expiration date common to each renewable license endorsement.
(25) "Department" means the department of health.
(26) "Secretary" means the secretary of health or the secretary's designee.
(27) "Health care entity" means an organization that provides health care services in a setting that is not otherwise licensed by the state. Health care entity includes a free-standing outpatient surgery center, a free-standing cardiac care center, or a kidney dialysis center. It does not include an individual practitioner's office or a multipractitioner clinic.
NEW SECTION. Sec. 3. A new section is added to chapter 18.64 RCW to read as follows:
(1) In order for a health care entity to purchase, administer, dispense, and deliver legend drugs, the health care entity must be licensed by the department.
(2) In order for a health care entity to purchase, administer, dispense, and deliver controlled substances, the health care entity must annually obtain a license from the department in accordance with the board's rules.
(3) The receipt, administration, dispensing, and delivery of legend drugs or controlled substances by a health care entity must be performed under the supervision or at the direction of a pharmacist.
(4) A health care entity may only administer, dispense, or deliver legend drugs and controlled substances to patients who receive care within the health care entity and in compliance with rules of the board. Nothing in this subsection shall prohibit a practitioner, in carrying out his or her licensed responsibilities within a health care entity, from dispensing or delivering to a patient of the health care entity drugs for that patient's personal use in an amount not to exceed seventy-two hours of usage.
NEW SECTION. Sec. 4. A new section is added to chapter 18.64 RCW to read as follows:
(1) The owner of a health care entity shall pay an original license fee to be determined by the secretary, and annually thereafter, on or before a date to be determined by the secretary, a fee to be determined by the secretary, for which he or she shall receive a license of location, which shall entitle the owner to purchase legend drugs or controlled substances at the location specified for the period ending on a date to be determined by the secretary. A declaration of ownership and location filed with the department under this section shall be deemed presumptive evidence of ownership of the health care entity.
(2) The owner shall immediately notify the department of any change of location or ownership in which case a new application and fee shall be submitted.
(3) It shall be the duty of the owner to keep the license of location or the renewal license properly exhibited in the health care entity.
(4) Failure to comply with this section is a misdemeanor and each day that the failure continues is a separate offense.
(5) In the event that a license fee remains unpaid after the date due, no renewal or new license may be issued except upon payment of the license renewal fee and a penalty fee equal to the original license fee.
Sec. 5. RCW 18.64.165 and 1989 1st ex.s. c 9 s 404 and 1989 c 352 s 4 are each reenacted and amended to read as follows:
The board shall have the power to refuse, suspend, or revoke the license of any manufacturer, wholesaler, pharmacy, shopkeeper, itinerant vendor, peddler, poison distributor, health care entity, or precursor chemical distributor upon proof that:
(1) The license was procured through fraud, misrepresentation, or deceit;
(2) The licensee has violated or has permitted any employee to violate any of the laws of this state or the United States relating to drugs, controlled substances, cosmetics, or nonprescription drugs, or has violated any of the rules and regulations of the board of pharmacy or has been convicted of a felony.
NEW SECTION. Sec. 6. A new section is added to chapter 18.64 RCW to read as follows:
Every proprietor or manager of a health care entity shall keep readily available a suitable record of drugs, which shall preserve for a period of not less than two years the record of every drug used at such health care entity. The record shall be maintained either separately from all other records of the health care entity or in such form that the information required is readily retrievable from ordinary business records of the health care entity. All record-keeping requirements for controlled substances must be complied with. Such record of drugs shall be for confidential use in the health care entity, only. The record of drugs shall be open for inspection by the board of pharmacy, who is authorized to enforce chapter 18.64, 69.41, or 69.50 RCW.
Sec. 7. RCW 18.64.255 and 1984 c 153 s 14 are each amended to read as follows:
Nothing in this chapter shall operate in any manner:
(1) To restrict the scope of authorized practice of any practitioner other than a pharmacist, duly licensed as such under the laws of this state. However, a health care entity shall comply with all state and federal laws and rules relating to the dispensing of drugs and the practice of pharmacy; or
(2) In the absence of the pharmacist from the hospital pharmacy, to prohibit a registered nurse designated by the hospital and the responsible pharmacist from obtaining from the hospital pharmacy such drugs as are needed in an emergency: PROVIDED, That proper record is kept of such emergency, including the date, time, name of prescriber, the name of the nurse obtaining the drugs, and a list of what drugs and quantities of same were obtained; or
(3) To prevent shopkeepers, itinerant vendors, peddlers, or salesmen from dealing in and selling nonprescription drugs, if such drugs are sold in the original packages of the manufacturer, or in packages put up by a licensed pharmacist in the manner provided by the state board of pharmacy, if such shopkeeper, itinerant vendor, salesman, or peddler shall have obtained a registration."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Moyer on page 3, after line 13, to Substitute House Bill No. 1205.
The motion by Senator Moyer carried and the amendment was adopted.
MOTIONS
On motion of Senator Quigley, the following title amendments were considered simultaneously and were adopted:
On page 1, line 1 of the title, strike "and"
On page 1, line 1 of the title, before the period insert ", 18.64.011 and 18.64.255; reenacting and amending RCW 18.64.165; and adding new sections to chapter 18.64 RCW"
On motion of Senator Quigley, the rules were suspended, Substitute House Bill No. 1205, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1205, as amended by the Senate.
ROLL CALL
The Secretary call the roll on the final passage of Substitute House Bill No. 1205, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.
Absent: Senator Smith - 1.
Excused: Senators Anderson, C. and Rinehart - 2.
SUBSTITUTE HOUSE BILL NO. 1205, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED HOUSE BILL NO. 1889, by Representatives L. Thomas, Backlund, Huff and Chappell (by request of State Auditor Sonntag)
Administering the office of the state auditor.
The bill was read the second time.
MOTIONS
Senator Sheldon moved that the following Committee on Government Operations amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.09.010 and 1965 c 8 s 43.09.010 are each amended to read as follows:
The state auditor shall reside and keep his or her office at the seat of government. Before entering upon his or her duties he or she shall execute and deliver to the secretary of state a bond to the state in the sum of fifty thousand dollars, to be approved by the governor, conditioned for the faithful performance of all duties required ((of him)) by law. He or she shall take an oath of office before any person authorized to administer oaths, and file a copy thereof, together with ((his)) the required bond, in the office of the secretary of state.
NEW SECTION. Sec. 2. The state auditor may appoint deputies and assistant directors as necessary to carry out the duties of the office of the state auditor. These individuals serve at the pleasure of the state auditor and are exempt from the provisions of chapter 41.06 RCW as stated in RCW 41.06.070(1)(y).
NEW SECTION. Sec. 3. The state auditor may appoint and employ other assistants and personnel necessary to carry out the work of the office of the state auditor.
NEW SECTION. Sec. 4. The state auditor may contract with public accountants certified in Washington to carry out those portions of the duties of auditing state agencies and local governments as the state auditor may determine.
NEW SECTION. Sec. 5. The state auditor, his or her employees and every person legally appointed to perform such service, may issue subpoenas and compulsory process and direct the service thereof by any constable or sheriff, compel the attendance of witnesses and the production of books and papers before him or her at any designated time and place, and may administer oaths.
When any person summoned to appear and give testimony neglects or refuses to do so, or neglects or refuses to answer any question that may be put to him or her touching any matter under examination, or to produce any books or papers required, the person making such examination shall apply to a superior court judge of the proper county to issue a subpoena for the appearance of such person before him or her; and the judge shall order the issuance of a subpoena for the appearance of such person forthwith before him or her to give testimony; and if any person so summoned fails to appear, or appearing, refuses to testify, or to produce any books or papers required, he or she shall be subject to like proceedings and penalties for contempt as witnesses in the superior court. Willful false swearing in any such examination shall be perjury and punishable as such.
Sec. 6. RCW 43.09.170 and 1965 c 8 s 43.09.170 are each amended to read as follows:
The state auditor may administer all oaths required by law in matters pertaining to the duties of his or her office.
Sec. 7. RCW 43.09.180 and 1965 c 8 s 43.09.180 are each amended to read as follows:
The state auditor shall keep a seal of office for the identification of all papers, writings, and documents required by law to be certified by him or her, and copies authenticated and certified of all papers and documents lawfully deposited in his or her office shall be received in evidence with the same effect as the originals.
NEW SECTION. Sec. 8. State agencies and local governments shall immediately report to the state auditor's office known or suspected loss of public funds or assets or other illegal activity.
Sec. 9. RCW 43.09.200 and 1965 c 8 s 43.09.200 are each amended to read as follows:
The state auditor((, through such division,)) shall formulate, prescribe, and install a system of accounting and reporting for all local governments, which shall be uniform for every public institution, and every public office, and every public account of the same class.
The system shall exhibit true accounts and detailed statements of funds collected, received, and expended for account of the public for any purpose whatever, and by all public officers, employees, or other persons.
The accounts shall show the receipt, use, and disposition of all public property, and the income, if any, derived therefrom; all sources of public income, and the amounts due and received from each source; all receipts, vouchers, and other documents kept, or required to be kept, necessary to isolate and prove the validity of every transaction; all statements and reports made or required to be made, for the internal administration of the office to which they pertain; and all reports published or required to be published, for the information of the people regarding any and all details of the financial administration of public affairs.
Sec. 10. RCW 43.09.205 and 1987 c 120 s 4 are each amended to read as follows:
The state auditor((, through the division of municipal corporations,)) shall prescribe a standard form with which the accounts and records of costs of all local governments shall be maintained as required under RCW 39.04.070.
Sec. 11. RCW 43.09.220 and 1965 c 8 s 43.09.220 are each amended to read as follows:
Separate accounts shall be kept for every public service industry of every local government, which shall show the true and entire cost of the ownership and operation thereof, the amount collected annually by general or special taxation for service rendered to the public, and the amount and character of the service rendered therefor, and the amount collected annually from private users for service rendered to them, and the amount and character of the service rendered therefor.
Sec. 12. RCW 43.09.230 and 1993 c 18 s 2 are each amended to read as follows:
The state auditor shall require from every ((taxing district and other political subdivisions)) local government financial reports covering the full period of each fiscal year, in accordance with the forms and methods prescribed by the state auditor, which shall be uniform for all accounts of the same class.
Such reports shall be prepared, certified, and filed with the ((division)) state auditor within one hundred fifty days after the close of each fiscal year.
The reports shall contain accurate statements, in summarized form, of all collections made, or receipts received, by the officers from all sources; all accounts due the public treasury, but not collected; and all expenditures for every purpose, and by what authority authorized; and also: (1) A statement of all costs of ownership and operation, and of all income, of each and every public service industry owned and operated by a ((municipality)) local government; (2) a statement of the entire public debt of every ((taxing district)) local government, to which power has been delegated by the state to create a public debt, showing the purpose for which each item of the debt was created, and the provisions made for the payment thereof; (3) a classified statement of all receipts and expenditures by any public institution; and (4) a statement of all expenditures for labor relations consultants, with the identification of each consultant, compensation, and the terms and conditions of each agreement or arrangement; together with such other information as may be required by the state auditor.
The reports shall be certified as to their correctness by the state auditor, the state auditor's deputies, or other person legally authorized to make such ((certificate)) certification.
Their substance shall be published in an annual volume of comparative statistics at the expense of the state as a public document.
Sec. 13. RCW 43.09.240 and 1991 c 245 s 13 are each amended to read as follows:
Every public officer and employee of a local government shall keep all accounts of his or her office in the form prescribed and make all reports required by the state auditor. Any public officer or employee who refuses or willfully neglects to perform such duties shall be subject to removal from office in an appropriate proceeding for that purpose brought by the attorney general or by any prosecuting attorney.
Every public officer and employee, whose duty it is to collect or receive payments due or for the use of the public shall deposit such moneys collected or received by him or her with the treasurer of the ((taxing district)) local government once every twenty-four consecutive hours. The treasurer may in his or her discretion grant an exception where such daily transfers would not be administratively practical or feasible.
In case a public officer or employee collects or receives funds for the account of a ((taxing district)) local government of which he or she is an officer or employee, the treasurer shall, by Friday of each week, pay to the proper officer of the ((taxing district)) local government for the account of which the collection was made or payment received, the full amount collected or received during the current week for the account of the district.
NEW SECTION. Sec. 14. The state auditor has the power to examine all the financial affairs of every local government and its officers and employees.
Sec. 15. RCW 43.09.260 and 1991 sp.s. c 30 s 26 are each amended to read as follows:
((The state auditor, the chief examiner, and every state examiner shall have power by himself or herself or by any person legally appointed to perform the service, to examine into all financial affairs of every public office and officer.))
The examination of the financial affairs of all ((taxing districts)) local governments shall be made at such reasonable, periodic intervals as the state auditor shall determine. However, an examination of the financial affairs of all ((taxing districts)) local governments shall be made at least once in every three years, and an examination of individual local government health and welfare benefit plans and local government self-insurance programs shall be made at least once every two years. The term (("taxing districts")) local governments for purposes of ((RCW 43.09.190 through 43.09.285)) this chapter includes but is not limited to all counties, cities, and other political subdivisions, municipal corporations, and quasi-municipal corporations, however denominated.
The state auditor shall establish a schedule to govern the auditing of ((taxing districts)) local governments which shall include: A designation of the various classifications of ((taxing districts)) local governments; a designation of the frequency for auditing each type of ((taxing district)) local government; and a description of events which cause a more frequent audit to be conducted.
On every such examination, inquiry shall be made as to the financial condition and resources of the ((taxing district)) local government; whether the Constitution and laws of the state, the ordinances and orders of the ((taxing district)) local government, and the requirements of the ((division of municipal corporations)) state auditor have been properly complied with; and into the methods and accuracy of the accounts and reports.
((The state auditor, his or her deputies, every state examiner and every person legally appointed to perform such service, may issue subpoenas and compulsory process and direct the service thereof by any constable or sheriff, compel the attendance of witnesses and the production of books and papers before him or her at any designated time and place, and may administer oaths.
When any person summoned to appear and give testimony neglects or refuses so to do, or neglects or refuses to answer any question that may be put to him or her touching any matter under examination, or to produce any books or papers required, the person making such examination shall apply to a superior court judge of the proper county to issue a subpoena for the appearance of such person before him or her; and the judge shall order the issuance of a subpoena for the appearance of such person forthwith before him to give testimony; and if any person so summoned fails to appear, or appearing, refuses to testify, or to produce any books or papers required, he or she shall be subject to like proceedings and penalties for contempt as witnesses in the superior court. Willful false swearing in any such examination shall be perjury and punishable as such.))
A report of such examination shall be made ((in triplicate, one copy to be)) and filed in the office of ((the)) state auditor, and one ((in)) copy shall be transmitted to the ((auditing department of the taxing district reported upon, and one in the office of the attorney general)) local government. A copy of any report containing findings of noncompliance with state law shall be transmitted to the attorney general. If any such report discloses malfeasance, misfeasance, or nonfeasance in office on the part of any public officer or employee, within thirty days from the receipt of his or her copy of the report, the attorney general shall institute, in the proper county, such legal action as is proper in the premises by civil process and prosecute the same to final determination to carry into effect the findings of the examination.
It shall be unlawful for ((the county commissioners or any board or officer)) any local government or the responsible head thereof, to make a settlement or compromise of any claim arising out of such malfeasance, misfeasance, or nonfeasance, or any action commenced therefor, or for any court to enter upon any compromise or settlement of such action, without the written approval and consent of the attorney general and the state auditor.
Sec. 16. RCW 43.09.265 and 1979 ex.s. c 218 s 7 are each amended to read as follows:
The state auditor((, through the division of municipal corporations,)) shall review the tax levies of all ((municipal corporations)) local governments in the regular examinations under RCW 43.09.260.
Sec. 17. RCW 43.09.270 and 1993 c 315 s 1 are each amended to read as follows:
The expense of ((maintaining and operating the division of municipal corporations)) auditing local governments and those expenses directly related to ((the)) prescribing ((of)) accounting systems, training, maintenance of working capital including reserves for late and ((uncollectable)) uncollectible accounts and necessary adjustments to billings, and field audit supervision, shall be considered ((as)) expenses of auditing public accounts within the meaning of RCW 43.09.280 and 43.09.282, and shall be prorated for that purpose equally among all entities directly affected by such service.
Sec. 18. RCW 43.09.280 and 1979 c 71 s 2 are each amended to read as follows:
The expense of auditing public accounts shall be borne by each entity subject to such audit for the auditing of all accounts under its jurisdiction and the state auditor shall certify the expense of such audit to the fiscal or warrant-issuing officer of such entity, who shall immediately make payment to the ((division of municipal corporations)) state auditor. If the expense as certified is not paid by any ((taxing district)) local government within thirty days from the date of certification, the state auditor may certify the expense to the auditor of the county in which the ((taxing district)) local government is situated, who shall promptly issue his or her warrant on the county treasurer payable out of the current expense fund of the county, which fund, except as to auditing the financial affairs and making inspection and examination of the county, shall be reimbursed by the county auditor or chief financial officer out of the money due ((said taxing district)) the local government at the next monthly settlement of the collection of taxes and shall be transferred to the current expense fund.
Sec. 19. RCW 43.09.2801 and 1992 c 44 s 11 are each amended to read as follows:
(1) From July 1, 1992, to June 30, 1995, the state auditor shall charge an entity subject to an audit an additional ten cents per hour billed under RCW 43.09.270 and 43.09.280, to be deposited in the local government administrative ((hearing[s])) hearings account.
(2) After June 30, 1995, the state auditor shall base the amount to be collected and deposited into the local government administrative ((hearing[s])) hearings account on the funds remaining in the account on June 30, 1995, and the anticipated caseload for the future.
(3) The state auditor may exempt a local government that ((complies)) certifies that it is in compliance with RCW 42.41.050 from a charge added under subsection (1) or (2) of this section.
Sec. 20. RCW 43.09.282 and 1982 c 206 s 2 are each amended to read as follows:
For the purposes of centralized funding, accounting, and distribution of the costs of the audits performed on ((taxing districts)) local governments by the state auditor, there is hereby created ((a fund)) an account entitled the municipal revolving ((fund)) account. The state treasurer shall be custodian of the ((fund)) account. All moneys received by the ((division of municipal corporations)) state auditor or by any officer or employee thereof shall be deposited with the state treasurer and credited to the municipal revolving ((fund)) account. ((Funds in the municipal revolving fund will be spent only after appropriation by the legislature. Such appropriated funds shall be administered by the division of municipal corporations.)) Only the state auditor or the auditor's designee may authorize expenditures from the account. No appropriation is required for expenditures. The ((division of municipal corporations)) state auditor shall keep such records as are necessary to detail the auditing costs attributable to the various types of ((taxing districts)) local governments.
Sec. 21. RCW 43.09.290 and 1981 c 336 s 6 are each amended to read as follows:
For the purposes of RCW 43.09.290 through 43.09.340 and 43.09.410 through 43.09.418, post-audit means an ((annual)) audit of the books, records, funds, accounts, and financial transactions of a state ((department)) agency for a complete fiscal period; pre-audit means all other audits and examinations; state ((department)) agency means elective officers and offices, and every other office, officer, department, board, council, committee, commission, or authority((, or agency)) of the state government now existing or hereafter created, supported, wholly or in part, by appropriations from the state treasury or funds under its control, or by the levy, assessment, collection, or receipt of fines, penalties, fees, licenses, sales of commodities, service charges, rentals, grants-in-aid, or other income provided by law, and all state educational, penal, reformatory, charitable, eleemosynary, or other institutions, supported, wholly or in part, by appropriations from the state treasury or funds under its control.
Sec. 22. RCW 43.09.310 and 1981 c 217 s 1 are each amended to read as follows:
The state auditor((, through the division of departmental audits,)) shall annually audit the state-wide combined financial statements prepared by the office of financial management and make post-audits of state agencies. Post-audits of state agencies shall be made at such periodic intervals as is determined by the state auditor. Audits of combined financial statements shall include determinations as to the validity and accuracy of accounting methods, procedures and standards utilized in their preparation, as well as the accuracy of the financial statements themselves. A report shall be made of each such audit and post-audit upon completion thereof, and one copy shall be transmitted to the governor, one to the director of financial management, ((one to the attorney general,)) one to the state ((department)) agency audited, one to the legislative budget committee, one each to the standing committees on ways and means of the house and senate, one to the chief clerk of the house, one to the secretary of the senate, and at least one shall be kept on file in the office of the state auditor. ((For purposes of reporting the annual audit of state-wide combined financial statements, "state department audited" refers solely to the office of financial management.)) A copy of any report containing findings of noncompliance with state law shall be transmitted to the attorney general.
Sec. 23. RCW 43.09.330 and 1965 c 8 s 43.09.330 are each amended to read as follows:
((The state auditor, the chief examiner, and every state examiner of the division of departmental audits, for the purpose of making post-audits, may issue subpoenas and compulsory process and direct the service thereof by any constable or sheriff to compel the attendance of witnesses and the production of books and papers before him at any designated time and place, and may administer oaths.
If any person summoned neglects or refuses to appear, or neglects or refuses to answer any question that may be put to him touching any matter under audit, or to produce any books or papers required, the person making such audit shall apply to a superior court judge of the county where the hearing arose to issue a subpoena for the appearance of such person before him; and the judge shall order the issuance of a subpoena for the appearance of such person forthwith before him to give testimony; and if any person so summoned fails to appear, or appearing refuses to testify or to produce any books or papers required, he shall be subject to like proceedings and penalties for contempt as witnesses in the superior court. Wilful false swearing in any such examination shall be perjury and punishable as such.))
If any audit of a state agency discloses malfeasance, misfeasance, or nonfeasance in office on the part of any public officer or employee, within thirty days from the receipt of his or her copy of the report, the attorney general shall institute and prosecute in the proper county, appropriate legal action to carry into effect the findings of such post-audit. It shall be unlawful for any state ((department)) agency or the responsible head thereof, to make a settlement or compromise of any claim arising out of such malfeasance, misfeasance, or nonfeasance, or any action commenced therefor, or for any court to enter upon any compromise or settlement of such action without the written approval and consent of the attorney general and the state auditor.
Sec. 24. RCW 43.09.340 and 1979 c 151 s 93 are each amended to read as follows:
The governor ((may, from time to time)) shall, at least every two years, provide for a post-audit of the books, accounts, and records of the state auditor, and the funds under his or her control, to be made either by independent qualified public accountants or the director of financial management, as he or she may determine. The expense of making such audit shall be paid from appropriations made therefor from the general fund.
Sec. 25. RCW 43.09.410 and 1981 c 336 s 1 are each amended to read as follows:
An auditing services revolving ((fund)) account is hereby created in the state treasury for the purpose of a centralized funding, accounting, and distribution of the actual costs of the audits provided to state ((departments)) agencies by the state auditor.
Sec. 26. RCW 43.09.412 and 1987 c 165 s 1 are each amended to read as follows:
The amounts to be disbursed from the auditing services revolving ((fund)) account shall ((be transferred thereto by the state treasurer)) be paid from funds appropriated to any and all state ((departments)) agencies for auditing services or administrative expenses ((on a monthly basis)). State ((departments)) agencies operating in whole or in part from nonappropriated funds shall pay into the auditing services revolving ((fund)) account such funds as will fully reimburse funds appropriated to the state auditor ((for any auditing services provided activities financed by nonappropriated funds)) for auditing services provided.
The director of financial management shall allot all such funds to the state auditor for the operation of his or her office, pursuant to appropriation, in the same manner as appropriated funds are allocated to other state ((departments)) agencies headed by elected officers under chapter 43.88 RCW.
Sec. 27. RCW 43.09.414 and 1981 c 336 s 3 are each amended to read as follows:
Disbursements from the auditing services revolving ((fund)) account shall be made pursuant to vouchers executed by the state auditor or his or her designee in accordance with RCW 43.09.412.
Sec. 28. RCW 43.09.416 and 1987 c 165 s 2 are each amended to read as follows:
The state auditor shall keep such records as are necessary to facilitate proper allocation of costs to funds and accounts and state ((departments)) agencies served and the director of financial management shall prescribe appropriate accounting procedures to accurately allocate costs to funds and accounts and state ((departments)) agencies served. The billing rate shall be established based on costs incurred in the prior biennium and anticipated costs in the new biennium. Those expenses related to training, maintenance of working capital including reserves for late and uncollectible accounts, and necessary adjustments to billings, shall be considered as expenses of auditing public accounts. Working capital shall not exceed five percent of the auditing services revolving ((fund)) account appropriation. ((The director of the office of financial management shall establish a committee of at least three certified public accountants with private sector audit experience to prepare general guidelines governing procedures to be used in determining audit costs and standards for measuring auditor productivity. These proposed procedures and productivity standards shall be presented for review by the house and senate committees on ways and means prior to the 1982 regular session of the legislature.))
Sec. 29. RCW 43.09.418 and 1981 c 336 s 5 are each amended to read as follows:
In cases where there are unanticipated demands for auditing services or where there are insufficient funds on hand or available for payment through the auditing services revolving ((fund)) account or in other cases of necessity, the state auditor may request payment for auditing services directly from state ((departments)) agencies for whom the services are performed to the extent that revenues or other funds are available. Upon approval by the director of financial management the state ((department)) agency shall make the requested payment. The payment may be made on either an advance or reimbursable basis as approved by the director of financial management.
Sec. 30. RCW 3.30.070 and 1971 c 73 s 3 are each amended to read as follows:
The clerk of each district court shall keep uniform records of each case filed and the proceedings had therein including an accounting for all funds received and disbursed. Financial reporting shall be in such form as may be prescribed by the ((office of the)) state auditor((, division of municipal corporations)). The form of other records may be prescribed by the supreme court.
Sec. 31. RCW 3.62.020 and 1988 c 169 s 3 are each amended to read as follows:
(1) Except as provided in subsection (4) of this section, all costs, fees, fines, forfeitures and penalties assessed and collected in whole or in part by district courts, except costs, fines, forfeitures and penalties assessed and collected, in whole or in part, because of the violation of city ordinances, shall be remitted by the clerk of the district court to the county treasurer at least monthly, together with a financial statement as required by the ((division of municipal corporations)) state auditor, noting the information necessary for crediting of such funds as required by law.
(2) The county treasurer shall remit thirty-two percent of the money received under subsection (1) of this section except certain costs to the state treasurer. "Certain costs" as used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the specific reimbursement of costs incurred by the state or county in the prosecution of the case, including the fees of defense counsel. Money remitted under this subsection to the state treasurer shall be deposited as provided in RCW 43.08.250.
(3) The balance of the money received by the county treasurer under subsection (1) of this section shall be deposited in the county current expense fund.
(4) All money collected for county parking infractions shall be remitted by the clerk of the district court at least monthly, with the information required under subsection (1) of this section, to the county treasurer for deposit in the county current expense fund.
Sec. 32. RCW 14.08.090 and 1984 c 7 s 4 are each amended to read as follows:
Any bonds to be issued by any municipality pursuant to the provisions of this chapter shall be authorized and issued in the manner and within the limitation prescribed by the Constitution and laws of this state or the charter of the municipality for the issuance and authorization of bonds thereof for public purposes generally, secured by the revenues of the airport, a mortgage on facilities, or a general tax levy as allowed by law, if the plan and system resolution are approved by the secretary of transportation or the ((division of municipal corporations)) state auditor.
Sec. 33. RCW 35.02.132 and 1991 c 360 s 4 are each amended to read as follows:
The newly elected officials shall adopt an interim budget for the interim period or until January 1 of the following year, whichever occurs first. A second interim budget shall be adopted for any period between January 1 and the official date of incorporation. These interim budgets shall be adopted in consultation with the ((office of the)) state auditor((, division of municipal corporations)).
The governing body shall adopt a budget for the newly incorporated city or town for the period between the official date of incorporation and January 1 of the following year. The mayor or governing body, whichever is appropriate shall prepare or the governing body may direct the interim city manager to prepare a preliminary budget in detail to be made public at least sixty days before the official date of incorporation as a recommendation for the final budget. The mayor, governing body, or the interim city manager shall submit as a part of the preliminary budget a budget message that contains an explanation of the budget document, an outline of the recommended financial policies and programs of the city or town for the ensuing fiscal year, and a statement of the relation of the recommended appropriation to such policies and programs. Immediately following the release of the preliminary budget, the governing body shall cause to be published a notice once each week for two consecutive weeks of a public hearing to be held at least twenty days before the official date of incorporation on the fixing of the final budget. Any taxpayer may appear and be heard for or against any part of the budget. The governing body may make such adjustments and changes as it deems necessary and may adopt the final budget at the conclusion of the public hearing or at any time before the official date of incorporation.
Sec. 34. RCW 35.07.230 and 1965 c 7 s 35.07.230 are each amended to read as follows:
If any town fails for two successive years to hold its regular municipal election, or if the officers elected at the regular election of any town fail for two successive years to qualify and the government of the town ceases to function by reason thereof, the state auditor ((through the division of municipal corporations)) may petition the superior court of the county for an order, dissolving the town. In addition to stating the facts which would justify the entry of such an order, the petition shall set forth a detailed statement of the assets and liabilities of the town insofar as they can be ascertained.
Sec. 35. RCW 35.21.270 and 1984 c 7 s 20 are each amended to read as follows:
The city engineer or the city clerk of each city or town shall maintain records of the receipt and expenditure of all moneys used for construction, repair, or maintenance of streets and arterial highways.
To assist in maintaining uniformity in such records, the ((division of municipal corporations)) state auditor, with the advice and assistance of the department of transportation, shall prescribe forms and types of records to be so maintained.
Sec. 36. RCW 35.23.121 and 1965 c 7 s 35.24.120 are each amended to read as follows:
The city clerk shall keep a full and true record of every act and proceeding of the city council and keep such books, accounts and make such reports as may be required by ((the division of municipal corporations in the office of)) the state auditor. The city clerk shall record all ordinances, annexing thereto his or her certificate giving the number and title of the ordinance, stating that the ordinance was published and posted according to law and that the record is a true and correct copy thereof. The record copy with the clerk's certificate shall be prima facie evidence of the contents of the ordinance and of its passage and publication and shall be admissible as such evidence in any court or proceeding.
The city clerk shall be custodian of the seal of the city and shall have authority to acknowledge the execution of all instruments by the city which require acknowledgment.
The city clerk may appoint a deputy for whose acts he or she and his or her bondsmen shall be responsible, and he or she and his or her deputy shall have authority to take all necessary affidavits to claims against the city and certify them without charge.
The city clerk shall perform such other duties as may be required by statute or ordinance.
Sec. 37. RCW 35.23.535 and 1965 c 7 s 35.24.430 are each amended to read as follows:
No taxes shall be imposed for maintenance and operating charges of city owned water, light, power, or heating works or systems.
Rates shall be fixed by ordinance for supplying water, light, power, or heat for commercial, domestic, or irrigation purposes sufficient to pay for all operating and maintenance charges. If the rates in force produce a greater amount than is necessary to meet operating and maintenance charges, the rates may be reduced or the excess income may be transferred to the city's current expense fund.
Complete separate accounts for municipal utilities must be kept under the system and on forms prescribed by the ((division of municipal corporations in the office of the)) state auditor.
The term "maintenance and operating charges," as used in this section includes all necessary repairs, replacement, interest on any debts incurred in acquiring, constructing, repairing and operating plants and departments and all depreciation charges. This term shall also include an annual charge equal to four percent on the cost of the plant or system, as determined by ((the division of municipal corporations in the office of)) the state auditor to be paid into the current expense fund, except that where utility bonds have been or may hereafter be issued and are unpaid no payment shall be required into the current expense fund until such bonds are paid.
Sec. 38. RCW 35.27.510 and 1965 c 7 s 35.27.510 are each amended to read as follows:
When any special fund of a public utility department of a town has retired all bond and warrant indebtedness and is on a cash basis, if a reserve or depreciation fund has been created in an amount satisfactory to ((the division of municipal corporations in the office of)) the state auditor and if the fixing of the rates of the utility is governed by contract with the supplier of water, electrical energy, or other commodity sold by the town to its inhabitants, and the rates are at the lowest possible figure, the town council may set aside such portion of the net earnings of the utility as it may deem advisable and transfer it to the town's current expense fund: PROVIDED, That no amount in excess of fifty percent of the net earnings shall be so set aside and transferred except with the unanimous approval of the council and mayor.
Sec. 39. RCW 35.33.031 and 1969 ex.s. c 95 s 3 are each amended to read as follows:
On or before the second Monday of the fourth month prior to the beginning of the city's or town's next fiscal year, or at such other time as the city or town may provide by ordinance or charter, the clerk shall notify in writing the head of each department of a city or town to file with the clerk within fourteen days of the receipt of such notification, detailed estimates of the probable revenue from sources other than ad valorem taxation and of all expenditures required by his or her department for the ensuing fiscal year. The notice shall be accompanied by the proper forms provided by the clerk, prepared in accordance with the requirements and classification established by ((the division of municipal corporations in the office of)) the state auditor. The clerk shall prepare the estimates for interest and debt redemption requirements and all other estimates, the preparation of which falls properly within the duties of his or her office. The chief administrative officers of the city or town shall submit to the clerk detailed estimates of all expenditures proposed to be financed from the proceeds of bonds or warrants not yet authorized, together with a statement of the proposed method of financing them. In the absence or disability of the official or person regularly in charge of a department, the duties herein required shall devolve upon the person next in charge of such department.
Sec. 40. RCW 35.33.041 and 1969 ex.s. c 95 s 4 are each amended to read as follows:
All estimates of receipts and expenditures for the ensuing year shall be fully detailed in the annual budget and shall be classified and segregated according to a standard classification of accounts to be adopted and prescribed by the state auditor ((through the division of municipal corporations)) after consultation with the Washington finance officers association, the association of Washington cities and the association of Washington city managers.
Sec. 41. RCW 35.33.075 and 1969 ex.s. c 95 s 10 are each amended to read as follows:
Following conclusion of the hearing, and prior to the beginning of the fiscal year, the legislative body shall make such adjustments and changes as it deems necessary or proper and after determining the allowance in each item, department, classification and fund, and shall by ordinance, adopt the budget in its final form and content. Appropriations shall be limited to the total estimated revenues contained therein including the amount to be raised by ad valorem taxes and the unencumbered fund balances estimated to be available at the close of the current fiscal year. Such ordinances may adopt the final budget by reference: PROVIDED, That the ordinance adopting such budget shall set forth in summary form the totals of estimated revenues and appropriations for each separate fund and the aggregate totals for all such funds combined.
A complete copy of the final budget as adopted shall be transmitted to ((the division of municipal corporations in the office of the state auditor, and to)) the association of Washington cities.
Sec. 42. RCW 35.33.111 and 1969 ex.s. c 95 s 16 are each amended to read as follows:
The ((division of municipal corporations in the office of the)) state auditor is empowered to make and install the forms and classifications required by this chapter to define what expenditures are chargeable to each budget class and to establish the accounting and cost systems necessary to secure accurate budget information.
Sec. 43. RCW 35.34.050 and 1985 c 175 s 8 are each amended to read as follows:
On or before the second Monday of the fourth month prior to the beginning of the city's or town's next fiscal biennium, or at such other time as the city or town may provide by ordinance or charter, the clerk shall notify in writing the head of each department of a city or town to file with the clerk within fourteen days of the receipt of such notification, detailed estimates of the probable revenue from sources other than ad valorem taxation and of all expenditures required by the department for the ensuing fiscal biennium. The notice shall be accompanied by the proper forms provided by the clerk, prepared in accordance with the requirements and classification established by ((the division of municipal corporations in the office of)) the state auditor. The clerk shall prepare the estimates for interest and debt redemption requirements and all other estimates, the preparation of which falls properly within the duties of the clerk's office. The chief administrative officers of the city or town shall submit to the clerk detailed estimates of all expenditures proposed to be financed from the proceeds of bonds or warrants not yet authorized, together with a statement of the proposed method of financing them. In the absence or disability of the official or person regularly in charge of a department, the duties required by this section shall devolve upon the person next in charge of such department.
Sec. 44. RCW 35.34.060 and 1985 c 175 s 9 are each amended to read as follows:
All estimates of receipts and expenditures for the ensuing fiscal biennium shall be fully detailed in the biennial budget and shall be classified and segregated according to a standard classification of accounts to be adopted and prescribed by the state auditor ((through the division of municipal corporations)) after consultation with the Washington finance officers association, the association of Washington cities, and the association of Washington city managers.
Sec. 45. RCW 35.34.120 and 1985 c 175 s 15 are each amended to read as follows:
Following conclusion of the hearing, and prior to the beginning of the fiscal biennium, the legislative body shall make such adjustments and changes as it deems necessary or proper and, after determining the allowance in each item, department, classification, and fund, shall by ordinance adopt the budget in its final form and content. Appropriations shall be limited to the total estimated revenues contained therein including the amount to be raised by ad valorem taxes and the unencumbered fund balances estimated to be available at the close of the current fiscal biennium. Such ordinances may adopt the final budget by reference. However, the ordinance adopting the budget shall set forth in summary form the totals of estimated revenues and appropriations for each separate fund and the aggregate totals for all such funds combined.
A complete copy of the final budget as adopted shall be transmitted to ((the division of municipal corporations in the office of)) the state auditor and to the association of Washington cities.
Sec. 46. RCW 35.34.130 and 1985 c 175 s 16 are each amended to read as follows:
The legislative authority of a city or town having adopted the provisions of this chapter shall provide by ordinance for a mid-biennial review and modification of the biennial budget. The ordinance shall provide that such review and modification shall occur no sooner than eight months after the start nor later than conclusion of the first year of the fiscal biennium. The chief administrative officer shall prepare the proposed budget modification and shall provide for publication of notice of hearings consistent with publication of notices for adoption of other city or town ordinances. City or town ordinances providing for a mid-biennium review and modification shall establish procedures for distribution of the proposed modification to members of the city or town legislative authority, procedures for making copies available to the public, and shall provide for public hearings on the proposed budget modification. The budget modification shall be by ordinance approved in the same manner as are other ordinances of the city or town.
A complete copy of the budget modification as adopted shall be transmitted to ((the division of municipal corporations in the office of)) the state auditor and to the association of Washington cities.
Sec. 47. RCW 35.34.190 and 1985 c 175 s 22 are each amended to read as follows:
The ((division of municipal corporations in the office of the)) state auditor is empowered to make and install the forms and classifications required by this chapter to define what expenditures are chargeable to each budget class and to establish the accounting and cost systems necessary to secure accurate budget information.
Sec. 48. RCW 35.76.020 and 1965 c 7 s 35.76.020 are each amended to read as follows:
The state auditor((, through the division of municipal corporations,)) shall formulate, prescribe, and install a system of cost accounting and reporting for each city having a population of more than eight thousand, according to the last official census, which will correctly show all street expenditures by functional categories. The system shall also provide for reporting all revenues available for street purposes from whatever source including local improvement district assessments and state and federal aid.
Sec. 49. RCW 35.76.030 and 1965 c 7 s 35.76.030 are each amended to read as follows:
Consistent with the intent of this chapter as stated in RCW 35.76.010, the state auditor, from and after July 1, 1965, ((through the division of municipal corporations,)) is authorized and directed to prescribe accounting and reporting procedures for street expenditures for cities and towns having a population of eight thousand or less, according to the last official census.
Sec. 50. RCW 35.76.050 and 1984 c 7 s 22 are each amended to read as follows:
The ((division of municipal corporations)) state auditor shall annually make a cost-audit examination of street records for each city and town and make a written report thereon to the legislative body of each city and town. The expense of the examination shall be paid out of that portion of the motor vehicle fund allocated to the cities and towns and withheld for use by the state department of transportation under the terms of RCW 46.68.110(1).
Sec. 51. RCW 35A.33.030 and 1967 ex.s. c 119 s 35A.33.030 are each amended to read as follows:
On or before the second Monday of the fourth month prior to the beginning of the city's next fiscal year, or at such other time as the city may provide by ordinance or charter, the clerk shall notify in writing the head of each department of a code city to file with the clerk within fourteen days of the receipt of such notification, detailed estimates of the probable revenue from sources other than ad valorem taxation and of all expenditures required by his or her department for the ensuing fiscal year. The notice shall be accompanied by the proper forms provided by the clerk, prepared in accordance with the requirements and classification established by the ((division of municipal corporations in the office of the)) state auditor. The clerk shall prepare the estimates for interest and debt redemption requirements and all other estimates, the preparation of which falls properly within the duties of his or her office. The chief administrative officers of the city shall submit to the clerk detailed estimates of all expenditures proposed to be financed from the proceeds of bonds or warrants not yet authorized, together with a statement of the proposed method of financing them. In the absence or disability of the official or person regularly in charge of a department, the duties herein required shall devolve upon the person next in charge of such department.
Sec. 52. RCW 35A.33.040 and 1967 ex.s. c 119 s 35A.33.040 are each amended to read as follows:
All estimates of receipts and expenditures for the ensuing year shall be fully detailed in the annual budget and shall be classified and segregated according to a standard classification of accounts to be adopted and prescribed by the state auditor ((through the division of municipal corporations)) after consultation with the Washington finance officers association, the association of Washington cities and the association of Washington city managers.
Sec. 53. RCW 35A.33.075 and 1969 ex.s. c 81 s 3 are each amended to read as follows:
Following conclusion of the hearing, and prior to the beginning of the fiscal year, the legislative body shall make such adjustments and changes as it deems necessary or proper and after determining the allowance in each item, department, classification and fund, and shall by ordinance, adopt the budget in its final form and content. Appropriations shall be limited to the total estimated revenues contained therein including the amount to be raised by ad valorem taxes and the unencumbered fund balances estimated to be available at the close of the current fiscal year. Such ordinances may adopt the final budget by reference: PROVIDED, That the ordinance adopting such budget shall set forth in summary form the totals of estimated revenues and appropriations for each separate fund and the aggregate totals for all such funds combined.
A complete copy of the final budget as adopted shall be transmitted to ((the division of municipal corporations in the office of)) the state auditor, and to the association of Washington cities.
Sec. 54. RCW 35A.33.110 and 1967 ex.s. c 119 s 35A.33.110 are each amended to read as follows:
The ((division of municipal corporations in the office of the)) state auditor is empowered to make and install the forms and classifications required by this chapter to define what expenditures are chargeable to each budget class and to establish the accounting and cost systems necessary to secure accurate budget information.
Sec. 55. RCW 35A.34.050 and 1985 c 175 s 37 are each amended to read as follows:
On or before the second Monday of the fourth month prior to the beginning of the city's next fiscal biennium, or at such other time as the city may provide by ordinance or charter, the clerk shall notify in writing the head of each department of a city to file with the clerk within fourteen days of the receipt of such notification, detailed estimates of the probable revenue from sources other than ad valorem taxation and of all expenditures required by the department for the ensuing fiscal biennium. The notice shall be accompanied by the proper forms provided by the clerk, prepared in accordance with the requirements and classification established by the ((division of municipal corporations in the office of the)) state auditor. The clerk shall prepare the estimates for interest and debt redemption requirements and all other estimates, the preparation of which falls properly within the duties of the clerk's office. The chief administrative officers of the city shall submit to the clerk detailed estimates of all expenditures proposed to be financed from the proceeds of bonds or warrants not yet authorized, together with a statement of the proposed method of financing them. In the absence or disability of the official or person regularly in charge of a department, the duties required by this section shall devolve upon the person next in charge of such department.
Sec. 56. RCW 35A.34.060 and 1985 c 175 s 38 are each amended to read as follows:
All estimates of receipts and expenditures for the ensuing fiscal biennium shall be fully detailed in the biennial budget and shall be classified and segregated according to a standard classification of accounts to be adopted and prescribed by the state auditor ((through the division of municipal corporations)) after consultation with the Washington finance officers association, the association of Washington cities, and the association of Washington city managers.
Sec. 57. RCW 35A.34.120 and 1985 c 175 s 44 are each amended to read as follows:
Following conclusion of the hearing, and prior to the beginning of the fiscal biennium, the legislative body shall make such adjustments and changes as it deems necessary or proper and, after determining the allowance in each item, department, classification, and fund, shall by ordinance adopt the budget in its final form and content. Appropriations shall be limited to the total estimated revenues contained therein including the amount to be raised by ad valorem taxes and the unencumbered fund balances estimated to be available at the close of the current fiscal biennium. Such ordinances may adopt the final budget by reference. However, the ordinance adopting the budget shall set forth in summary form the totals of estimated revenues and appropriations for each separate fund and the aggregate totals for all such funds combined.
A complete copy of the final budget as adopted shall be transmitted to ((the division of municipal corporations in the office of)) the state auditor and to the association of Washington cities.
Sec. 58. RCW 35A.34.130 and 1985 c 175 s 45 are each amended to read as follows:
The legislative authority of a city having adopted the provisions of this chapter shall provide by ordinance for a mid-biennial review and modification of the biennial budget. The ordinance shall provide that such review and modification shall occur no sooner than eight months after the start nor later than conclusion of the first year of the fiscal biennium. The chief administrative officer shall prepare the proposed budget modification and shall provide for publication of notice of hearings consistent with publication of notices for adoption of other city ordinances. City ordinances providing for a mid-biennium review and modification shall establish procedures for distribution of the proposed modification to members of the city legislative authority, procedures for making copies available to the public, and shall provide for public hearings on the proposed budget modification. The budget modification shall be by ordinance approved in the same manner as are other ordinances of the city.
A complete copy of the budget modification as adopted shall be transmitted to ((the division of municipal corporations in the office of)) the state auditor and to the association of Washington cities.
Sec. 59. RCW 35A.34.190 and 1985 c 175 s 51 are each amended to read as follows:
The ((division of municipal corporations in the office of the)) state auditor is empowered to make and install the forms and classifications required by this chapter to define what expenditures are chargeable to each budget class and to establish the accounting and cost systems necessary to secure accurate budget information.
Sec. 60. RCW 35A.37.010 and 1983 c 3 s 62 are each amended to read as follows:
Code cities shall establish such funds for the segregation, budgeting, expenditure and accounting for moneys received for special purposes as are required by general law applicable to such cities' activities and the officers thereof shall pay into, expend from, and account for such moneys in the manner provided therefor including but not limited to the requirements of the following:
(1) Accounting funds as required by RCW 35.37.010;
(2) Annexation and consolidation fund as required by chapters 35.10 and 35.13 RCW;
(3) Assessment fund as required by RCW 8.12.480;
(4) Equipment rental fund as authorized by RCW 35.21.088;
(5) Current expense fund as required by RCW 35.37.010, usually referred to as the general fund;
(6) Local improvement guaranty fund as required by RCW 35.54.010;
(7) An indebtedness and sinking fund, together with separate funds for utilities and institutions as required by RCW 35.37.020;
(8) Local improvement district fund and revolving fund as required by RCW 35.45.130 and 35.48.010;
(9) City street fund as required by chapter 35.76 RCW and RCW 47.24.040;
(10) Firemen's relief and pension fund as required by chapters 41.16 and 41.18 RCW;
(11) Policemen's relief and pension fund as required by RCW 41.20.130 and 63.32.030;
(12) First class cities' employees retirement and pension system as authorized by chapter 41.28 RCW;
(13) Applicable rules of the ((division of municipal corporations office of)) state auditor. ((RCW 43.09.190 through 43.09.282.))
Sec. 61. RCW 36.22.140 and 1963 c 4 s 36.22.140 are each amended to read as follows:
Each county auditor or chief financial officer shall be ex officio deputy ((supervisor)) of the ((division of municipal corporations)) state auditor for the purpose of accounting and reporting on municipal corporations and in such capacity shall be under the direction of the ((chief supervisor)) state auditor, but he or she shall receive no additional salary or compensation by virtue thereof and shall perform no duties as such, except in connection with county business.
Sec. 62. RCW 36.40.030 and 1963 c 4 s 36.40.030 are each amended to read as follows:
The estimates required in RCW 36.40.010 and 36.40.020 shall be submitted on forms provided by the county auditor or chief financial officer and classified according to the classification established by the ((division of municipal corporations)) state auditor. The county auditor or chief financial officer shall provide such forms. He or she shall also prepare the estimates for interest and debt redemption requirements and any other estimates the preparation of which properly falls within the duties of his or her office.
Each such official shall file his or her estimates within the time and in the manner provided in the notice and form and the county auditor or chief financial officer shall deduct and withhold as a penalty from the salary of each official failing or refusing to file such estimates as herein provided, the sum of ten dollars for each day of delay: PROVIDED, That the total penalty against any one official shall not exceed fifty dollars in any one year.
In the absence or disability of any official the duties required herein shall devolve upon the official or employee in charge of the office, department, service, or institution for the time being. The notice shall contain a copy of this penalty clause.
Sec. 63. RCW 36.40.040 and 1973 c 39 s 1 are each amended to read as follows:
Upon receipt of the estimates the county auditor or chief financial officer shall prepare the county budget which shall set forth the complete financial program of the county for the ensuing fiscal year, showing the expenditure program and the sources of revenue by which it is to be financed.
The revenue section shall set forth the estimated receipts from sources other than taxation for each office, department, service, or institution for the ensuing fiscal year, the actual receipts for the first six months of the current fiscal year and the actual receipts for the last completed fiscal year, the estimated surplus at the close of the current fiscal year and the amount proposed to be raised by taxation.
The expenditure section shall set forth in comparative and tabular form by offices, departments, services, and institutions the estimated expenditures for the ensuing fiscal year, the appropriations for the current fiscal year, the actual expenditures for the first six months of the current fiscal year including all contracts or other obligations against current appropriations, and the actual expenditures for the last completed fiscal year.
All estimates of receipts and expenditures for the ensuing year shall be fully detailed in the annual budget and shall be classified and segregated according to a standard classification of accounts to be adopted and prescribed by the state auditor ((through the division of municipal corporations)) after consultation with the Washington state association of counties and the Washington state association of ((elected)) county officials.
The county auditor or chief financial officer shall set forth separately in the annual budget to be submitted to the ((board of)) county ((commissioners)) legislative authority the total amount of emergency warrants issued during the preceding fiscal year, together with a statement showing the amount issued for each emergency, and the board shall include in the annual tax levy, a levy sufficient to raise an amount equal to the total of such warrants: PROVIDED, That the board may fund the warrants or any part thereof into bonds instead of including them in the budget levy.
Sec. 64. RCW 36.40.080 and 1963 c 4 s 36.40.080 are each amended to read as follows:
Upon the conclusion of the budget hearing the ((board of)) county ((commissioners)) legislative authority shall fix and determine each item of the budget separately and shall by resolution adopt the budget as so finally determined and enter the same in detail in the official minutes of the board, a copy of which budget shall be forwarded to the ((division of municipal corporations)) state auditor.
Sec. 65. RCW 36.40.220 and 1963 c 4 s 36.40.220 are each amended to read as follows:
The ((division of municipal corporations)) state auditor may make such rules, classifications, and forms as may be necessary to carry out the provisions in respect to county budgets, define what expenditures shall be chargeable to each budget account, and establish such accounting and cost systems as may be necessary to provide accurate budget information.
Sec. 66. RCW 36.47.060 and 1969 ex.s. c 5 s 5 are each amended to read as follows:
The financial records of the Washington state association of county officials shall be subject to audit by the ((Washington)) state ((division of municipal corporations)) auditor.
Sec. 67. RCW 36.68.530 and 1981 c 210 s 11 are each amended to read as follows:
The governing body of each park and recreation service area shall annually compile a budget for each service area in a form prescribed by the state ((division of municipal corporations)) auditor for the ensuing calendar year which shall, to the extent that anticipated income is actually realized, constitute the appropriations for the service area. The budget may include an amount to accumulate a reserve for a stated capital purpose. In compiling the budget, all available funds and anticipated income shall be taken into consideration, including contributions or contractual payments from school districts, cities, or towns, county or any other governmental entity, gifts and donations, special tax levy, fees and charges, proceeds of bond issues, and cumulative reserve funds.
Sec. 68. RCW 36.69.160 and 1963 c 4 s 36.69.160 are each amended to read as follows:
The board of park and recreation commissioners of each park and recreation district shall annually compile a budget, in form prescribed by the state ((division of municipal corporations)) auditor, for the ensuing calendar year, and which shall, to the extent that anticipated income is actually realized, constitute the appropriations for the district. The budget may include an amount to accumulate a reserve for a stated capital purpose. In compiling the budget, all available funds and anticipated income shall be taken into consideration, including contributions or contractual payments from school districts, cities or towns, county, or any other governmental unit; gifts and donations; special tax levy; assessments; fees and charges; proceeds of bond issues; cumulative reserve funds.
Sec. 69. RCW 36.80.080 and 1985 c 120 s 3 are each amended to read as follows:
The ((division of municipal corporations)) state auditor shall annually make a cost-audit examination of the books and records of the county road engineer and make a written report thereon to the county legislative authority. The expense of the examination shall be paid from the county road fund.
Sec. 70. RCW 36.82.200 and 1963 c 4 s 36.82.200 are each amended to read as follows:
The board shall hold such hearing at the time and place designated in the notice, and it may be continued from day to day until concluded but not to exceed a total of five days. Upon the conclusion of the hearing the board shall fix and determine the supplemental budget and by resolution adopt it as finally determined and enter it in detail in the official minutes of the board, ((copies)) a copy of which supplemental budget shall be forwarded((, one)) to the director ((and one to the division of municipal corporations)).
Sec. 71. RCW 40.14.070 and 1982 c 36 s 6 are each amended to read as follows:
County, municipal, and other local government agencies may request authority to destroy noncurrent public records having no further administrative or legal value by submitting to the division of archives and records management lists of such records on forms prepared by the division. The archivist ((and the chief examiner of the division of municipal corporations of the office of)), a representative appointed by the state auditor, and a representative appointed by the attorney general shall constitute a committee, known as the local records committee, which shall review such lists and which may veto the destruction of any or all items contained therein.
A local government agency, as an alternative to submitting lists, may elect to establish a records control program based on recurring disposition schedules recommended by the agency to the local records committee. The schedules are to be submitted on forms provided by the division of archives and records management to the local records committee, which may either veto, approve, or amend the schedule. Approval of such schedule or amended schedule shall be by unanimous vote of the local records committee. Upon such approval, the schedule shall constitute authority for the local government agency to destroy the records listed thereon, after the required retention period, on a recurring basis until the schedule is either amended or revised by the committee.
Except as otherwise provided by law, no public records shall be destroyed until approved for destruction by the local records committee. Official public records shall not be destroyed unless:
(1) The records are six or more years old;
(2) The department of origin of the records has made a satisfactory showing to the state records committee that the retention of the records for a minimum of six years is both unnecessary and uneconomical, particularly where lesser federal retention periods for records generated by the state under federal programs have been established; or
(3) The originals of official public records less than six years old have been copied or reproduced by any photographic, photostatic, microfilm, miniature photographic, or other process approved by the state archivist which accurately reproduces or forms a durable medium for so reproducing the original.
An automatic reduction of retention periods from seven to six years for official public records on record retention schedules existing on June 10, 1982, shall not be made, but the same shall be reviewed individually by the local records committee for approval or disapproval of the change to a retention period of six years.
The state archivist may furnish appropriate information, suggestions, and guidelines to local government agencies for their assistance in the preparation of lists and schedules or any other matter relating to the retention, preservation, or destruction of records under this chapter. The local records committee may adopt appropriate regulations establishing procedures to be followed in such matters.
Records of county, municipal, or other local government agencies, designated by the archivist as of primarily historical interest, may be transferred to a recognized depository agency.
Sec. 72. RCW 42.24.080 and 1965 c 116 s 1 are each amended to read as follows:
All claims presented against any county, city, district or other municipal corporation or political subdivision by persons furnishing materials, rendering services or performing labor, or for any other contractual purpose, shall be audited, before payment, by an auditing officer elected or appointed pursuant to statute or, in the absence of statute, an appropriate charter provision, ordinance or resolution of the municipal corporation or political subdivision. Such claims shall be prepared for audit and payment on a form and in the manner prescribed by the ((division of municipal corporations in the)) state auditor(('s office)). The form shall provide for the authentication and certification by such auditing officer that the materials have been furnished, the services rendered or the labor performed as described, and that the claim is a just, due and unpaid obligation against the municipal corporation or political subdivision; and no claim shall be paid without such authentication and certification: PROVIDED, That the certificates as to claims of officers and employees of a county, city, district or other municipal corporation or political subdivision, for services rendered, shall be made by the person charged with the duty of preparing and submitting vouchers for the payment of services, and he or she shall certify that the claim is just, true and unpaid, which certificate shall be part of the voucher.
Sec. 73. RCW 42.24.090 and 1981 c 56 s 1 are each amended to read as follows:
No claim for reimbursement of any expenditures by officers or employees of any municipal corporation or political subdivision of the state for transportation, lodging, meals or any other purpose shall be allowed by any officer, employee or board charged with auditing accounts unless the same shall be presented in a detailed account: PROVIDED, That, unless otherwise authorized by law, the legislative body of any municipal corporation or political subdivision of the state may prescribe by ordinance or resolution the amounts to be paid officers or employees thereof as reimbursement for the use of their personal automobiles or other transportation equipment in connection with officially assigned duties and other travel for approved public purposes, or as reimbursement to such officers or employees in lieu of actual expenses incurred for lodging, meals or other purposes. The rates for such reimbursements may be computed on a mileage, hourly, per diem, monthly, or other basis as the respective legislative bodies shall determine to be proper in each instance: PROVIDED, That in lieu of such reimbursements, payments for the use of personal automobiles for official travel may be established if the legislative body determines that these payments would be less costly to the municipal corporation or political subdivision of the state than providing automobiles for official travel.
All claims authorized under this section shall be duly certified by the officer or employee submitting such claims on forms and in the manner prescribed by the ((division of municipal corporations in the office of the)) state auditor.
Sec. 74. RCW 53.06.060 and 1961 c 31 s 6 are each amended to read as follows:
The financial records of the Washington public ports association shall be subject to audit by the ((Washington state division of municipal corporations of the)) state auditor.
Sec. 75. RCW 56.08.110 and 1973 1st ex.s. c 195 s 62 are each amended to read as follows:
To improve the organization and operation of sewer districts, the commissioners of two or more such districts may form an association thereof, for the purpose of securing and disseminating information of value to the members of the association and for the purpose of promoting the more economical and efficient operation of the comprehensive plans of sewer systems in their respective districts. The commissioners of sewer districts so associated shall adopt articles of association, select such officers as they may determine, and employ and discharge such agents and employees as shall be deemed convenient to carry out the purposes of the association. Sewer district commissioners and their employees are authorized to attend meetings of the association. The expense of the association may be paid from the maintenance or general funds of the associated districts in such manner as shall be provided in the articles of association: PROVIDED, That the aggregate contributions made to the association by the district in any calendar year shall not exceed the amount which would be raised by a levy of two and one-half cents per thousand dollars of assessed value against the taxable property of the district. The financial records of such association shall be subject to audit by the ((Washington state division of municipal corporations of the)) state auditor.
Sec. 76. RCW 57.08.110 and 1973 1st ex.s. c 195 s 68 are each amended to read as follows:
To improve the organization and operation of water districts, the commissioners of two or more such districts may form an association thereof, for the purpose of securing and disseminating information of value to the members of the association and for the purpose of promoting the more economical and efficient operation of the comprehensive plans of water supply in their respective districts. The commissioners of water districts so associated shall adopt articles of association, select such officers as they may determine, and employ and discharge such agents and employees as shall be deemed convenient to carry out the purposes of the association. Water district commissioners and employees are authorized to attend meetings of the association. The expense of the association may be paid from the maintenance or general funds of the associated districts in such manner as shall be provided in the articles of association: PROVIDED, That the aggregate contributions made to the association by the district in any calendar year shall not exceed the amount which would be raised by a levy of two and one-half cents per thousand dollars of assessed value against the taxable property of the district. The financial records of such association shall be subject to audit by the ((Washington state division of municipal corporations of the)) state auditor.
Sec. 77. RCW 70.12.070 and 1991 c 3 s 316 are each amended to read as follows:
The public health pool fund shall be subject to audit by the ((division of departmental audits)) state auditor and shall be subject to check by the state department of health.
NEW SECTION. Sec. 78. The following acts or parts of acts are each repealed:
(1) RCW 43.09.030 and 1965 c 8 s 43.09.030;
(2) RCW 43.09.040 and 1965 c 8 s 43.09.040;
(3) RCW 43.09.190 and 1965 c 8 s 43.09.190;
(4) RCW 43.09.250 and 1988 c 52 s 1 & 1965 c 8 s 43.09.250; and
(5) RCW 43.09.300 and 1988 c 53 s 1 & 1965 c 8 s 43.09.300.
NEW SECTION. Sec. 79. Sections 2 through 5, 8, and 14 of this act are each added to chapter 43.09 RCW."
Senator Snyder moved that the following amendment to the Committee on Government Operations striking amendment be adopted:
On page 33, after line 36, insert the following:
"Sec. 78. RCW 26.04.210 and 1985 c 82 s 5 are each amended to read as follows:
(1) The county auditor, before a marriage license is issued, upon the payment of a license fee as fixed in RCW 36.18.010 shall require each applicant therefor to make and file in ((his)) the auditor's office upon blanks to be provided by the county for that purpose, an affidavit showing that ((they are not)) if an applicant is afflicted with any contagious ((venereal)) sexually transmitted disease, the condition is known to both applicants, and that the applicants are the age of eighteen years or over((: PROVIDED, FURTHER, That)). If the consent in writing is obtained of the father, mother, or legal guardian of the person for whom the license is required, the license may be granted in cases where the female has attained the age of seventeen years or the male has attained the age of seventeen years. Such affidavit may be subscribed and sworn to before any person authorized to administer oaths. Anyone knowingly swearing falsely to any of the statements contained in the affidavits mentioned in this section shall be deemed guilty of perjury and punished as provided by the laws of the state of Washington.
(2) The affidavit form shall be designed to require a statement that no contagious sexually transmitted disease is present or that the condition is known to both applicants, without requiring the applicants to state whether or not either or both of them are afflicted by such disease."
Renumber the remaining sections consecutively and correct internal references accordingly.
POINT OF ORDER
Senator West: "I rise to raise the issue of scope and object. While the amendment is a meritorious amendment and perhaps--in fact, the Senate found it so when it passed the bill--it is so far out of scope and object that it takes quite an imagination to figure out how to attach it to this bill. The underlying bill is a bill dealing with the state auditor's office--responsibility in the state auditor's office. It makes some technical changes standardizing the terminology of local government, but it doesn't go anywhere near--it doesn't go anywhere near-- Title 26 and you really have to go way around a tree to get this one attached. Mr. President, I would make exactly the same argument on the next proposed amendment, in case that ever gets to us."
Further debate ensued.
There being no objection, the President deferred further consideration of Engrossed House Bill No. 1889.
MOTION
At 10:54 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 1:06 p.m. by President Pritchard.
MOTION
At 1:06 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 5:16 p.m. by President Pritchard.
There being no objection, the President returned the Senate to the fourth order of business.
MESSAGES FROM THE HOUSE
April 10, 1995
MR. PRESIDENT:
The House has passed:
SENATE BILL NO. 5075,
SENATE BILL NO. 5806,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5868,
SENATE BILL NO. 5882,
ENGROSSED SENATE BILL NO. 5888,
SENATE BILL NO. 5894,
SENATE BILL NO. 6011,
SUBSTITUTE SENATE BILL NO. 6028,
SENATE JOINT MEMORIAL NO. 8004,
SENATE JOINT MEMORIAL NO. 8006, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SENATE BILL NO. 5075,
SENATE BILL NO. 5806,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5868,
SENATE BILL NO. 5882,
ENGROSSED SENATE BILL NO. 5888,
SENATE BILL NO. 5894,
SENATE BILL NO. 6011,
SUBSTITUTE SENATE BILL NO. 6028,
SENATE JOINT MEMORIAL NO. 8004,
SENATE JOINT MEMORIAL NO. 8006.
There being no objection, the President advanced the Senate to the sixth order of business.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1069, by House Committee on Law and Justice (originally sponsored by Representatives Delvin, wolfe, Mielke, Ebersole, Ballasiotes, Sheldon, Mastin, Carlson, McMorris, Carrell, Robertson, Hickel, Sheahan, Reams, Benton, Padden, Boldt, Hargrove, Chandler, McMahan, Cairnes. Clements, Chappell, buck, Campbell, L. Thomas, Johnson, Backlund, Cooke, Conway, Kessler, Costa, Mulliken, Kremen, Dickerson, quall, Basich, Fuhrman, Morris, Huff, Mitchell, Honeyford, Pennington, Elliot, Schoesler, D. Schmidt, Dyer and Appelwick)
Exempting retired law enforcement officers from restrictions on carrying firearms.
The bill was read the second time.
MOTION
On motion of Senator Smith, the rules were suspended, Substitute House Bill No. 1069 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Spanel, Senators Owen, Pelz, Wojahn and Hargrove were excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1069.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1069 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 4; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Gaspard, Hale, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 40.
Voting nay: Senators Fraser, Hochstatter, Rinehart and Spanel - 4.
Excused: Senators Anderson, C., Hargrove, Owen, Pelz and Wojahn - 5.
SUBSTITUTE HOUSE BILL NO. 1069, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1165, by House Committee on Finance (originally sponsored by Representatives Sherstad, Dickerson, Van Luven, L. Thomas and Mason) (by request of Department of Revenue)
Making technical corrections to excise and property tax statutes.
The bill was read the second time.
MOTION
Senator Spanel moved that further consideration of Engrossed Substitute House Bill No. 1165 be deferred.
Senator West objected to deferring consideration of Engrossed Substitute House Bill No. 1165.
Further debate ensued.
POINT OF INQUIRY
Senator West: "Senator Spanel, do you intend to deal with these amendments before we adjourn today?"
Senator Spanel: "I hope so."
Senator West: "Okay."
The motion by Senator Spanel carried and the Senate deferred further consideration of Engrossed Substitute House Bill No. 1165.
MOTION
Senator McDonald moved that the Senate advance to the ninth order of business.
Debate ensued.
Senator Spanel demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the motion by Senator McDonald that the Senate advance to the ninth order of business.
ROLL CALL
The Secretary called the roll on the motion by Senator McDonald to advance to the ninth order of business and the motion carried by the following vote: Yeas, 24; Nays, 21; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prince, Roach, Schow, Sellar, Strannigan, Swecker, West, Winsley and Wood - 24.
Voting nay: Senators Bauer, Drew, Fairley, Franklin, Fraser, Gaspard, Haugen, Heavey, Kohl, Loveland, McAuliffe, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland and Wojahn - 21.
Excused: Senators Anderson, C., Hargrove, Owen and Pelz - 4.
MOTION
Senator McDonald moved that the Committee on Ways and Means be relieved of further consideration of Substitute House Bill No. 1540.
PARLIAMENTARY INQUIRY
Senator Snyder: "A parliamentary inquiry, please. How many votes does it take to relieve the Ways and Means Committee of this measure?"
RULING BY THE PRESIDENT
President Pritchard: "Twenty-five votes."
Senator Snyder: "Is that twenty-five Senators or--"
President Pritchard: "Twenty-five votes and if it ends up in a tie vote, why the Senate Rules and the Constitution provides that I would cast the tie vote. Senator Snyder, in case of a tie vote, I would vote, according to the Constitution."
Senator Snyder: "Rule 48 of the Senate Rules says it takes a majority vote of the senators elected to relieve a committee of a bill and also, the Constitution allows the Senate and the House to set their own rules."
President Pritchard: "All right, Senator Snyder, Senate Rule 1(9) says, 'When a vote of the Senate is equally divided, the Lieutenant Governor, when presiding, shall have the deciding vote on questions other than final passage of a bill.' It is Rule 1(9) and it cites the Constitution."
Senator Snyder: "Also, Senate Rule 48 says, 'by a majority vote of the senators elected.' I think we have a little dispute here; I don't think it is going to be necessary, possibly today. Also, I referred to Article II, Section 9, where is says, 'Each house may determine the rules of its own proceedings--.' I think that is why--"
President Pritchard: "If it is not inconsistent with the Constitution, but following the rulings as we judged it and the rulings of former Lieutenant Governor Cherberg, he told me, which was when you have a tie vote, the Lieutenant Governor votes on all things, except final passage."
Senator West demanded a roll call and the demand was sustained.
Further debate ensued.
MOTION
On motion of Senator Spanel, Senator Sheldon was excused.
Further debate ensued.
PARLIAMENTARY INQUIRY
Senator Heavey: "A point of parliamentary inquiry. Mr. President, have we not adopted Reed's Rules and don't Reed's Rules say it is violative to mention another Senator by their name, to mention the other party or to mention the other body or to even to mention its own body by its proper name?"
REPLY BY THE PRESIDENT
President Pritchard: "Well, we have a certain amount of latitude and if it gets out of line, I can assure you the President will crack down."
Further debate ensued.
The President declared the question before the Senate to be the roll call on the motion by Senator McDonald to relieve the Committee on Ways and Means of further consideration of Substitute House Bill No. 1540.
ROLL CALL
The Secretary called the roll and the motion by Senator McDonald to relieve the Committee on Ways and Means of further consideration of Substitute House Bill No. 1540 failed to receive the constitutional majority by the following vote: Yeas, 24; Nays, 20; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prince, Roach, Schow, Sellar, Strannigan, Swecker, West, Winsley and Wood - 24.
Voting nay: Senators Bauer, Drew, Fairley, Franklin, Fraser, Gaspard, Haugen, Heavey, Kohl, Loveland, McAuliffe, Prentice, Quigley, Rasmussen, Rinehart, Smith, Snyder, Spanel, Sutherland and Wojahn - 20.
Excused: Senators Anderson, C., Hargrove, Owen, Pelz and Sheldon - 5.
MOTION
On motion of Senator Spanel, the Senate returned to the sixth order of business.
SECOND READING
HOUSE BILL NO. 1771, by Representatives Hickel, Basich, Padden, Kremen, Chappell and Carrell
Requiring a handling fee to be paid when a check is dishonored.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, House Bill No. 1771 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1771.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1771 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 3; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prentice, Prince, Rasmussen, Rinehart, Roach, Schow, Sellar, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 41.
Voting nay: Senators Heavey, Quigley and Wojahn - 3.
Excused: Senators Anderson, C., Hargrove, Owen, Pelz and Sheldon - 5.
HOUSE BILL NO. 1771, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator West, the Senate immediately commenced consideration of Engrossed Substitute House Bill No. 1165, deferred on second reading earlier today.
MOTION
Senator Hochstatter moved that the following amendment by Senators Hochstatter, Rasmussen and Roach be adopted:
On page 4, after line 8, strike all of section 6 and insert the following:
"Sec. 6. RCW 9.41.135 and 1994 sp.s. c 7 s 418 are each amended to read as follows:
(1) At least once every twelve months, the department of licensing shall obtain a list of dealers licensed under 18 U.S.C. Sec. 923(a) with business premises in the state of Washington from the United States bureau of alcohol, tobacco, and firearms. The department of licensing shall verify that all dealers on the list provided by the bureau of alcohol, tobacco, and firearms are licensed and registered as required by RCW 9.41.100.
(2) At least once every twelve months, the department of licensing shall obtain from the department of revenue and the department of revenue shall transmit to the department of licensing a list of dealers registered with the department of revenue ((whose gross proceeds of sales are below the reporting threshold provided in RCW 82.04.300)), and a list of dealers whose names and addresses were forwarded to the department of revenue by the department of licensing under RCW 9.41.110, who failed to register with the department of revenue as required by RCW 9.41.100.
(3) At least once every twelve months, the department of licensing shall notify the bureau of alcohol, tobacco, and firearms of all dealers licensed under 18 U.S.C. Sec. 923(a) with business premises in the state of Washington who have not complied with the licensing or registration requirements of RCW 9.41.100((, or whose gross proceeds of sales are below the reporting threshold provided in RCW 82.04.300)). In notifying the bureau of alcohol, tobacco, and firearms, the department of licensing shall not specify whether a particular dealer has failed to comply with licensing requirements((,)) or has failed to comply with registration requirements((, or has gross proceeds of sales below the reporting threshold))."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Hochstatter, Rasmussen and Roach on page 4, after line 8, to Engrossed Substitute House Bill No. 1165.
The motion by Senator Hochstatter carried and the amendment was adopted.
MOTIONS
On motion of Senator Haugen, the following amendment was adopted:
On page 5, after line 8, insert the following:
"Sec. 8. RCW 84.34.230 and 1994 c 301 s 33 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 84.52.043)). The limitations in RCW 84.52.043 shall not apply to the tax levy authorized in this section.
Sec. 9. RCW 84.52.069 and 1994 c 79 s 2 are each amended to read as follows:
(1) As used in this section, "taxing district" means a county, emergency medical service district, city or town, public hospital district, urban emergency medical service district, or fire protection district.
(2) A taxing district may impose additional regular property tax levies in an amount equal to fifty cents or less per thousand dollars of the assessed value of property in the taxing district in each year for six consecutive years when specifically authorized so to do by a majority of at least three-fifths of the registered voters thereof approving a proposition authorizing the levies submitted at a general or special election, at which election the number of persons voting "yes" on the proposition shall constitute three-fifths of a number equal to forty percent of the total number of voters voting in such taxing district at the last preceding general election when the number of registered voters voting on the proposition does not exceed forty percent of the total number of voters voting in such taxing district in the last preceding general election; or by a majority of at least three-fifths of the registered voters thereof voting on the proposition when the number of registered voters voting on the proposition exceeds forty percent of the total number of voters voting in such taxing district in the last preceding general election. Ballot propositions shall conform with RCW 29.30.111.
(3) Any tax imposed under this section shall be used only for the provision of emergency medical care or emergency medical services, including related personnel costs, training for such personnel, and related equipment, supplies, vehicles and structures needed for the provision of emergency medical care or emergency medical services.
(4) If a county levies a tax under this section, no taxing district within the county may levy a tax under this section. No other taxing district may levy a tax under this section if another taxing district has levied a tax under this section within its boundaries: PROVIDED, That if a county levies less than fifty cents per thousand dollars of the assessed value of property, then any other taxing district may levy a tax under this section equal to the difference between the rate of the levy by the county and fifty cents: PROVIDED FURTHER, That if a taxing district within a county levies this tax, and the voters of the county subsequently approve a levying of this tax, then the amount of the taxing district levy within the county shall be reduced, when the combined levies exceed fifty cents. Whenever a tax is levied county-wide, the service shall, insofar as is feasible, be provided throughout the county: PROVIDED FURTHER, That no county-wide levy proposal may be placed on the ballot without the approval of the legislative authority of each city exceeding fifty thousand population within the county: AND PROVIDED FURTHER, That this section and RCW 36.32.480 shall not prohibit any city or town from levying an annual excess levy to fund emergency medical services: AND PROVIDED, FURTHER, That if a county proposes to impose tax levies under this section, no other ballot proposition authorizing tax levies under this section by another taxing district in the county may be placed before the voters at the same election at which the county ballot proposition is placed: AND PROVIDED FURTHER, That any taxing district emergency medical service levy that is authorized subsequent to a county emergency medical service levy, shall expire concurrently with the county emergency medical service levy.
(5) The ((tax levy authorized in this section is in addition to the tax levy authorized)) limitations in RCW 84.52.043 shall not apply to the tax levy authorized in this section.
(6) The limitation in RCW 84.55.010 shall not apply to the first levy imposed pursuant to this section following the approval of such levy by the voters pursuant to subsection (2) of this section.
Sec. 10. RCW 84.52.105 and 1993 c 337 s 2 are each amended to read as follows:
(1) A county, city, or town may impose additional regular property tax levies of up to fifty cents per thousand dollars of assessed value of property in each year for up to ten consecutive years to finance affordable housing for very low-income households when specifically authorized to do so by a majority of the voters of the taxing district voting on a ballot proposition authorizing the levies. If both a county, and a city or town within the county, impose levies authorized under this section, the levies of the last jurisdiction to receive voter approval for the levies shall be reduced or eliminated so that the combined rates of these levies may not exceed fifty cents per thousand dollars of assessed valuation in any area within the county. A ballot proposition authorizing a levy under this section must conform with RCW 84.52.054.
(2) The additional property tax levies may not be imposed until:
(a) The governing body of the county, city, or town declares the existence of an emergency with respect to the availability of housing that is affordable to very low-income households in the taxing district; and
(b) The governing body of the county, city, or town adopts an affordable housing financing plan to serve as the plan for expenditure of funds raised by a levy authorized under this section, and the governing body determines that the affordable housing financing plan is consistent with either the locally adopted or state-adopted comprehensive housing affordability strategy, required under the Cranston-Gonzalez national affordable housing act (42 U.S.C. Sec. 12701, et seq.), as amended.
(3) For purposes of this section, the term "very low-income household" means a single person, family, or unrelated persons living together whose income is at or below fifty percent of the median income, as determined by the United States department of housing and urban development, with adjustments for household size, for the county where the taxing district is located.
(4) The limitations in RCW 84.52.043 shall not apply to the tax levy authorized in this section."
Renumber the remaining sections consecutively and correct any internal references accordingly.
On motion of Senator Haugen, the following title amendment was adopted:
On page 1, line 3 of the title, after "9.41.135," strike "and 82.32.320" and insert "82.32.320, 84.34.230, 84.52.069, and 84.52.105"
MOTION
On motion of Senator Loveland, the rules were suspended, Engrossed Substitute House Bill No. 1165, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1165, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1165, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.
Voting nay: Senator Smith - 1.
Excused: Senators Anderson, C., Hargrove, Owen and Pelz - 4.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1165, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
PARLIAMENTARY INQUIRY
Senator McCaslin: "A point of parliamentary inquiry. If I don't speak on a bill, is it accumulative? I can speak five or six times later on in the evening?"
REPLY BY THE PRESIDENT
President Pritchard: "You can try, but I won't let you."
Senator McCaslin: "That is what I figured, Mr. President."
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1547, by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives L. Thomas, Dellwo, Kessler, Dickerson, Basich and Costa)
Pertaining to longshore and harbor workers' compensation.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the following Committee on Financial Institutions and Housing amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 48.22.072 and 1993 c 177 s 2 are each amended to read as follows:
The committee appointed pursuant to RCW 48.22.071 shall submit a report to the legislature no later than January 1((, 1994 and 1995)) of each year, summarizing the activities of the plan adopted under RCW 48.22.070 during its most recent fiscal year and since its inception. ((The committee shall in each report examine, based on the experience of the plan or other information made available to it, whether the Washington state industrial insurance fund should participate in the plan adopted pursuant to RCW 48.22.070; whether there are methods that will satisfy the intent of chapter 209, Laws of 1992 that will not involve the Washington state industrial insurance fund; and the feasibility of requiring that this coverage be made directly available through the Washington state industrial insurance fund.))
NEW SECTION. Sec. 2. 1993 c 177 s 3 & 1992 c 209 s 6 (uncodified) are each repealed.
NEW SECTION. Sec. 3. This act shall expire on July 1, 1997.
NEW SECTION. Sec. 4. 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."
On motion of Senator Prentice, the following title amendment was adopted:
On page 1, line 2 of the title, after "insurance;" strike the remainder of the title and insert "amending RCW 48.22.072; repealing 1993 c 177 s 3 and 1992 c 209 s 6 (uncodified); providing an expiration date; and declaring an emergency."
MOTION
On motion of Senator Prentice, the rules were suspended, Substitute House Bill No. 1547, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1547, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1547, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.
Voting nay: Senator Heavey - 1.
Excused: Senators Anderson, C., Hargrove, Owen and Pelz - 4.
SUBSTITUTE HOUSE BILL NO. 1547, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1692, by House Committee on Law and Justice (originally sponsored by Representatives Padden, Costa, Scott and Appelwick)
Clarifying clerks' fees.
The bill was read the second time.
MOTIONS
Senator Smith moved that the following Committee on Law and Justice amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 5.28.010 and 1987 c 202 s 124 are each amended to read as follows:
((That)) Every court, judge, clerk of a court, or notary public, is authorized to take testimony in any action, suit or proceeding, and such other persons in particular cases as authorized by law. Every such court or officer is authorized to collect fees established under RCW 36.18.020 and sections 11 through 14 of this act and to administer oaths and affirmations generally((,)) and to every such other person in such particular case as authorized.
Sec. 2. RCW 10.14.040 and 1987 c 280 s 4 are each amended to read as follows:
There shall exist an action known as a petition for an order for protection in cases of unlawful harassment.
(1) A petition for relief shall allege the existence of harassment and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances from which relief is sought.
(2) A petition for relief may be made regardless of whether or not there is a pending lawsuit, complaint, petition, or other action between the parties.
(3) All court clerks' offices shall make available simplified forms and instructional brochures. Any assistance or information provided by clerks under this section does not constitute the practice of law and clerks are not responsible for incorrect information contained in a petition.
(4) Filing fees are set in RCW 36.18.020, but no filing fee may be charged for a petition filed in an existing action or under an existing cause number brought under this chapter in the jurisdiction where the relief is sought. Forms and instructional brochures shall be provided free of charge.
(5) A person is not required to post a bond to obtain relief in any proceeding under this section.
Sec. 3. RCW 10.82.070 and 1988 c 169 s 5 are each amended to read as follows:
(1) All sums of money derived from costs, fines, penalties, and forfeitures imposed or collected, in whole or in part, by a superior court for violation of orders of injunction, mandamus and other like writs, for contempt of court, or for breach of the penal laws shall be paid in cash by the person collecting the same, within twenty days after the collection, to the county treasurer of the county in which the same have accrued.
(2) The county treasurer shall remit monthly thirty-two percent of the money received under this section except for certain costs to the state treasurer for deposit as provided under RCW 43.08.250 and shall deposit the remainder as provided by law. "Certain costs" as used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the specific reimbursement of costs incurred by the state or county in the prosecution of the case, including the fees of defense counsel. Costs or assessments awarded to dedicated accounts, state or local, are not subject to this state allocation or to RCW 7.68.035.
(3) All fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended. All fees, fines, forfeitures, and penalties collected or assessed by a superior court in cases on appeal from a lower court shall be remitted to the municipal or district court from which the cases were appealed.
Sec. 4. RCW 11.86.031 and 1989 c 34 s 3 are each amended to read as follows:
(1) The disclaimer shall:
(a) Be in writing;
(b) Be signed by the disclaimant;
(c) Identify the interest to be disclaimed; and
(d) State the disclaimer and the extent thereof.
(2) The disclaimer shall be delivered or mailed as provided in subsection (3) of this section at any time after the creation of the interest, but in all events by nine months after the latest of:
(a) The date the beneficiary attains the age of twenty-one years;
(b) The date of the transfer; or
(c) The date that the beneficiary is finally ascertained and the beneficiary's interest is indefeasibly vested.
(3) The disclaimer shall be mailed by first-class mail, or otherwise delivered, to the creator of the interest, the creator's legal representative, or the holder of the legal title to the property to which the interest relates or, if the creator is dead and there is no legal representative or holder of legal title, to the person having possession of the property.
(4) If the date of the transfer is the date of the death of the creator of the interest, a copy of the disclaimer may be filed with the clerk of the probate court in which the estate of the creator is, or has been, administered, or, if no probate administration has been commenced, then with the clerk of the court of any county provided by law as the place for probate administration of such person, where it shall be indexed under the name of the decedent in the probate index upon the payment of a fee ((of two dollars)) established under section 13 of this act.
(5) The disclaimer of an interest in real property may be recorded, but shall constitute notice to all persons only from and after the date of recording. If recorded, a copy of the disclaimer shall be recorded in the office of the auditor in the county or counties where the real property is situated.
Sec. 5. RCW 12.40.105 and 1983 c 254 s 2 are each amended to read as follows:
If the losing party fails to pay the judgment within twenty days or within the period otherwise ordered by the court, the judgment shall be increased by: (1) An amount sufficient to cover costs of certification of the judgment under RCW 12.40.110; and (2) the amount specified in ((RCW 36.18.020(3))) section 11(2) of this act, without regard to the jurisdictional limits on the small claims department.
Sec. 6. RCW 12.40.110 and 1984 c 258 s 68 are each amended to read as follows:
(1) If the losing party fails to pay the judgment according to the terms and conditions thereof within twenty days or is in arrears on any payment plan, and the prevailing party so notifies the court, the judge before whom such hearing was had shall certify the judgment in substantially the following form:
Washington.
In the District Court of . . . . . . County.
. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . Plaintiff,
vs.
. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . Defendant.
In the Small Claims Department.
This is to certify that: (1) In a certain action before me, the undersigned, had on this the . . . . day of . . . . . . 19. . ., wherein . . . . . . . . . was plaintiff and . . . . . . . . . defendant, jurisdiction of said defendant having been had by personal service (or otherwise) as provided by law, I then and there entered judgment against . . . . . . in the sum of . . . . . . Dollars; (2) the judgment has not been paid within twenty days or the period otherwise ordered by the court; and (3) pursuant to RCW 12.40.105, the amount of the judgment is hereby increased by any costs of certification under this section and the amount specified in ((RCW 36.18.020(3))) section 11(2) of this act.
Witness my hand this . . . . day of . . . . . ., 19. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
District Judge sitting in the
Small Claims Department.
(2) The judge shall forthwith enter the judgment transcript on the judgment docket of the district court; and thereafter garnishment, execution, and other process on execution provided by law may issue thereon, as in other judgments of district courts.
(3) Transcripts of such judgments may be filed and entered in judgment lien dockets in superior courts with like effect as in other cases.
Sec. 7. RCW 13.64.020 and 1993 c 294 s 2 are each amended to read as follows:
(1) A petition for emancipation shall be signed and verified by the petitioner, and shall include the following information: (a) The full name of the petitioner, the petitioner's birthdate, and the state and county of birth; (b) a certified copy of the petitioner's birth certificate; (c) the name and last known address of the petitioner's parent or parents, guardian, or custodian; (d) the petitioner's present address, and length of residence at that address; (e) a declaration by the petitioner indicating that he or she has the ability to manage his or her financial affairs, including any supporting information; and (f) a declaration by the petitioner indicating that he or she has the ability to manage his or her personal, social, educational, and nonfinancial affairs, including any supporting information.
(2) ((A reasonable filing fee not to exceed fifty dollars shall be set by the court.)) Fees for this section are set under section 12 of this act.
Sec. 8. RCW 26.50.030 and 1992 c 111 s 2 are each amended to read as follows:
There shall exist an action known as a petition for an order for protection in cases of domestic violence.
(1) A petition for relief shall allege the existence of domestic violence, and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances from which relief is sought.
(2) A petition for relief may be made regardless of whether or not there is a pending lawsuit, complaint, petition, or other action between the parties except in cases where the court realigns petitioner and respondent in accordance with RCW 26.50.060(((3))) (4).
(3) Within ninety days of receipt of the master copy from the administrator for the courts, all court clerk's offices shall make available the standardized forms, instructions, and informational brochures required by RCW 26.50.035 and shall fill in and keep current specific program names and telephone numbers for community resources. Any assistance or information provided by clerks under this section does not constitute the practice of law and clerks are not responsible for incorrect information contained in a petition.
(4) ((A)) No filing fee ((of twenty dollars shall)) may be charged for proceedings under this section. ((No filing fee may be charged for: (a) A petition filed in an existing action or under an existing cause number brought under this chapter in the jurisdiction where the relief is sought; or (b) the transfer of a case from district or municipal court to superior court under RCW 26.50.020(2).)) Forms and instructional brochures shall be provided free of charge.
(5) A person is not required to post a bond to obtain relief in any proceeding under this section.
Sec. 9. RCW 34.05.514 and 1994 c 257 s 23 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section ((and RCW 36.70A.300(3))), proceedings for review under this chapter shall be instituted by paying the fee required under RCW 36.18.020 and filing a petition in the superior court, at the petitioner's option, for (a) Thurston county, (b) the county of the petitioner's residence or principal place of business, or (c) in any county where the property owned by the petitioner and affected by the contested decision is located.
(2) For proceedings involving institutions of higher education, the petition shall be filed either in the county in which the principal office of the institution involved is located or in the county of a branch campus if the action involves such branch.
Sec. 10. RCW 36.18.020 and 1993 c 435 s 1 are each amended to read as follows:
(1) Revenue collected under this section is subject to division with the state public safety and education account under RCW 36.18.025 and with the county or regional law library fund under RCW 27.24.070.
(2) Clerks of superior courts shall collect the following fees for their official services:
(((1))) (a) The party filing the first or initial paper in any civil action, including, but not limited to an action for restitution, ((or)) adoption, or change of name, shall pay, at the time ((said)) the paper is filed, a fee of one hundred ten dollars except, in ((proceedings filed under RCW 26.50.030 or 49.60.227 where the petitioner shall pay a filing fee of twenty dollars, or)) an unlawful detainer action under chapter 59.18 or 59.20 RCW ((where)) for which the plaintiff shall pay a case initiating filing fee of thirty dollars. ((If the defendant serves or files an answer to an unlawful detainer complaint under chapter 59.18 or 59.20 RCW, the plaintiff shall pay, prior to proceeding with the unlawful detainer action, an additional eighty dollars which shall be considered part of the filing fee.)) The thirty dollar filing fee under this subsection for an unlawful detainer action shall not include an order to show cause or any other order or judgment except a default order or default judgment in an unlawful detainer action.
(((2))) (b) Any party, except a defendant in a criminal case, filing the first or initial paper on an appeal from a court of limited jurisdiction or any party on any civil appeal, shall pay, when said paper is filed, a fee of one hundred ten dollars.
(((3) The party filing a transcript or abstract of judgment or verdict from a United States court held in this state, or from the superior court of another county or from a district court in the county of issuance, shall pay at the time of filing, a fee of fifteen dollars.
(4) For the filing of a tax warrant by the department of revenue of the state of Washington, a fee of five dollars shall be paid.
(5) For the filing of a petition for modification of a decree of dissolution, a fee of twenty dollars shall be paid.
(6) The party filing a demand for jury of six in a civil action, shall pay, at the time of filing, a fee of fifty dollars; if the demand is for a jury of twelve the fee shall be one hundred dollars. If, after the party files a demand for a jury of six and pays the required fee, any other party to the action requests a jury of twelve, an additional fifty-dollar fee will be required of the party demanding the increased number of jurors.
(7) For filing any paper, not related to or a part of any proceeding, civil or criminal, or any probate matter, required or permitted to be filed in the clerk's office for which no other charge is provided by law, or for filing a petition, written agreement, or memorandum as provided in RCW 11.96.170, the clerk shall collect twenty dollars.
(8) For preparing, transcribing or certifying any instrument on file or of record in the clerk's office, with or without seal, for the first page or portion thereof, a fee of two dollars, and for each additional page or portion thereof, a fee of one dollar. For authenticating or exemplifying any instrument, a fee of one dollar for each additional seal affixed.
(9) For executing a certificate, with or without a seal, a fee of two dollars shall be charged.
(10) For each garnishee defendant named in an affidavit for garnishment and for each writ of attachment, a fee of twenty dollars shall be charged.
(11) For approving a bond, including justification thereon, in other than civil actions and probate proceedings, a fee of two dollars shall be charged.
(12))) (c) For filing of a petition for judicial review as required under RCW 34.05.514 a filing fee of one hundred ten dollars.
(d) For filing of a petition for unlawful harassment under RCW 10.14.040 a filing fee of one hundred ten dollars.
(e) For filing of a petition for determination of water rights under RCW 90.03.180 a filing fee of twenty-five dollars.
(f) In probate proceedings, the party instituting such proceedings, shall pay at the time of filing the first paper therein, a fee of one hundred ten dollars((: PROVIDED, HOWEVER, A fee of twenty dollars shall be charged for filing a will only, when no probate of the will is contemplated. Except as provided for in subsection (13) of this section a fee of two dollars shall be charged for filing a petition, written agreement, or memorandum as provided in RCW 11.96.170)).
(((13))) (g) For filing any petition to contest a will admitted to probate or a petition to admit a will which has been rejected, or a petition objecting to a written agreement or memorandum as provided in RCW 11.96.170, there shall be paid a fee of one hundred ten dollars.
(((14) For the issuance of each certificate of qualification and each certified copy of letters of administration, letters testamentary or letters of guardianship there shall be a fee of two dollars.
(15) For the preparation of a passport application the clerk may collect an execution fee as authorized by the federal government.
(16) For clerks' special services such as processing ex parte orders by mail, performing historical searches, compiling statistical reports, and conducting exceptional record searches the clerk may collect a fee not to exceed twenty dollars per hour or portion of an hour.
(17) For duplicated recordings of court's proceedings there shall be a fee of ten dollars for each audio tape and twenty-five dollars for each video tape.
(18))) (h) Upon conviction or plea of guilty, upon failure to prosecute an appeal from a court of limited jurisdiction as provided by law, or upon affirmance of a conviction by a court of limited jurisdiction, a defendant in a criminal case shall be liable for a fee of one hundred ten dollars.
(((19))) (i) With the exception of demands for jury hereafter made and garnishments hereafter issued, civil actions and probate proceedings filed prior to midnight, July 1, 1972, shall be completed and governed by the fee schedule in effect as of January 1, 1972: PROVIDED, That no fee shall be assessed if an order of dismissal on the clerk's record be filed as provided by rule of the supreme court.
(((20))) (3) No fee shall be collected when a petition for relinquishment of parental rights is filed pursuant to RCW 26.33.080 or for forms and instructional brochures provided under RCW 26.50.030.
NEW SECTION. Sec. 11. A new section is added to chapter 36.18 RCW to read as follows:
(1) Revenue collected under this section is subject to division with the state for deposit in the public safety and education account under RCW 36.18.025.
(2) The party filing a transcript or abstract of judgment or verdict from a United States court held in this state, or from the superior court of another county or from a district court in the county of issuance, shall pay at the time of filing a fee of fifteen dollars.
(3) For the filing of a tax warrant by the department of revenue of the state of Washington, a fee of five dollars must be paid.
(4) The clerk shall collect a fee of twenty dollars for: Filing a paper not related to or a part of a proceeding, civil or criminal, or a probate matter, required or permitted to be filed in the clerk's office for which no other charge is provided by law; or filing a petition, written agreement, or memorandum as provided in RCW 11.96.170.
(5) If the defendant serves or files an answer to an unlawful detainer complaint under chapter 59.18 or 59.20 RCW, the plaintiff shall pay before proceeding with the unlawful detainer action eighty dollars.
(6) For a restrictive covenant for filing a petition to strike discriminatory provisions in real estate under RCW 49.60.227 a fee of twenty dollars must be charged.
(7) A fee of twenty dollars must be charged for filing a will only, when no probate of the will is contemplated.
(8) A fee of two dollars must be charged for filing a petition, written agreement, or written memorandum in a nonjudicial probate dispute under RCW 11.96.170.
(9) For certification of delinquent taxes by a county treasurer under RCW 84.64.190, a fee of five dollars must be charged.
NEW SECTION. Sec. 12. A new section is added to chapter 36.18 RCW to read as follows:
(1) Revenue collected under this section is subject to division with the county law library under RCW 27.24.070.
(2) For filing a petition for emancipation for minors as required under RCW 13.64.020 a fee up to fifty dollars must be collected.
NEW SECTION. Sec. 13. A new section is added to chapter 36.18 RCW to read as follows:
(1) Revenue collected under this section is not subject to division under RCW 36.18.025 or 27.24.070.
(2) For the filing of a petition for modification of a decree of dissolution or paternity, within the same case as the original action, a fee of twenty dollars must be paid.
(3) The party making a demand for jury of six in a civil action shall pay, at the time, a fee of fifty dollars; if the demand is for a jury of twelve, a fee of one hundred dollars. If, after the party demands a jury of six and pays the required fee, any other party to the action requests a jury of twelve, an additional fifty-dollar fee will be required of the party demanding the increased number of jurors. Upon conviction in criminal cases a jury demand charge may be imposed as costs under RCW 10.46.190.
(4) For preparing, transcribing, or certifying an instrument on file or of record in the clerk's office, with or without seal, for the first page or portion of the first page, a fee of two dollars, and for each additional page or portion of a page, a fee of one dollar must be charged. For authenticating or exemplifying an instrument, a fee of one dollar for each additional seal affixed must be charged.
(5) For executing a certificate, with or without a seal, a fee of two dollars must be charged.
(6) For a garnishee defendant named in an affidavit for garnishment and for a writ of attachment, a fee of twenty dollars must be charged.
(7) For approving a bond, including justification on the bond, in other than civil actions and probate proceedings, a fee of two dollars must be charged.
(8) For the issuance of a certificate of qualification and a certified copy of letters of administration, letters testamentary, or letters of guardianship, there must be a fee of two dollars.
(9) For the preparation of a passport application, the clerk may collect an execution fee as authorized by the federal government.
(10) For clerk's special services such as processing ex parte orders by mail, performing historical searches, compiling statistical reports, and conducting exceptional record searches, the clerk may collect a fee not to exceed twenty dollars per hour or portion of an hour.
(11) For duplicated recordings of court's proceedings there must be a fee of ten dollars for each audio tape and twenty-five dollars for each video tape.
(12) For the filing of oaths and affirmations under chapter 5.28 RCW, a fee of twenty dollars must be charged.
(13) For filing a disclaimer of interest under RCW 11.86.031(4), a fee of two dollars must be charged.
(14) For registration of land titles, Torrens Act, under RCW 65.12.780, a fee of five dollars must be charged.
(15) For the issuance of extension of judgment under RCW 6.17.020 and chapter 9.94A RCW, a fee of one hundred ten dollars must be charged.
(16) A facilitator surcharge of ten dollars must be charged as authorized under RCW 26.12.240.
(17) For filing a water rights statement under RCW 90.03.180, a fee of twenty-five dollars must be charged.
(18) A service fee of three dollars for the first page and one dollar for each additional page must be charged for receiving faxed documents, pursuant to Washington state rules of court, general rule 17.
(19) For preparation of clerk's papers under RAP 9.7, a fee of fifty cents per page must be charged.
(20) For copies and reports produced at the local level as permitted by RCW 2.68.020 and supreme court policy, a variable fee must be charged.
(21) Investment service charge and earnings under RCW 36.48.090 must be charged.
(22) Costs for nonstatutory services rendered by clerk by authority of local ordinance or policy must be charged.
NEW SECTION. Sec. 14. A new section is added to chapter 36.18 RCW to read as follows:
(1) State revenue collected by county clerks under subsection (2) of this section must be transmitted to the appropriate state court. The office of the state administrator for the courts shall retain fees collected under subsection (3) of this section.
(2) For appellate review under RAP 5.1(b), two hundred fifty dollars must be charged.
(3) For all copies and reports produced by the administrator for the courts as permitted under RCW 2.68.020 and supreme court policy, a variable fee must be charged.
Sec. 15. RCW 36.18.022 and 1992 c 54 s 5 are each amended to read as follows:
The court may waive the filing fees provided for under RCW 36.18.020 (((1) and)) (2) (a) and (b) upon affidavit by a party that the party is unable to pay the fee due to financial hardship.
Sec. 16. RCW 40.14.027 and 1994 c 193 s 2 are each amended 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))) section 11(3) of this act. 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.
Sec. 17. RCW 49.60.227 and 1993 c 69 s 10 are each amended to read as follows:
If a written instrument contains a provision that is void by reason of RCW 49.60.224, the owner, occupant, or tenant of the property which is subject to the provision may cause the provision to be stricken from the public records by bringing an action in the superior court in the county in which the property is located. The action shall be an in rem, declaratory judgment action whose title shall be the description of the property. The necessary party to the action shall be the owner, occupant, or tenant of the property or any portion thereof. The person bringing the action shall pay a fee set under section 11 of this act.
If the court finds that any provisions of the written instrument are void under RCW 49.60.224, it shall enter an order striking the void provisions from the public records and eliminating the void provisions from the title or lease of the property described in the complaint.
Sec. 18. RCW 65.12.780 and 1907 c 250 s 94 are each amended to read as follows:
On the filing of any application for registration, the applicant shall pay to the clerk of the court((, in counties having more than forty thousand population, the sum of three dollars; and in all other counties, the sum of five dollars, which shall be in full of all clerk's fees and charges in such proceeding in behalf of the applicant. Any defendant, on entering his appearance, shall pay to the clerk of the court, the sum of three dollars, which shall be in full of all clerk's fees in behalf of such defendant)) filing fees as set in section 13 of this act. When any number of defendants enter their appearance at the same time, before default, but one fee shall be paid. Every publication in a newspaper required by this chapter shall be paid for by the party on whose application the order of publication is made, in addition to the fees above prescribed. The party at whose request any notice is issued, shall pay for the service of the same, except when sent by mail by the clerk of court, or the registrar of titles.
Sec. 19. RCW 70.02.070 and 1991 c 335 s 206 are each amended to read as follows:
Upon the request of the person requesting the record, the health care provider or facility shall certify the record furnished and may charge for such certification in accordance with ((RCW 36.18.020(9))) section 13(5) of this act. No record need be certified until the fee is paid. The certification shall be affixed to the record and disclose:
(1) The identity of the patient;
(2) The kind of health care information involved;
(3) The identity of the person to whom the information is being furnished;
(4) The identity of the health care provider or facility furnishing the information;
(5) The number of pages of the health care information;
(6) The date on which the health care information is furnished; and
(7) That the certification is to fulfill and meet the requirements of this section.
Sec. 20. RCW 90.03.180 and 1982 c 15 s 2 are each amended to read as follows:
At the time of filing the statement as provided in RCW 90.03.140, each defendant shall pay to the clerk of the superior court a fee ((of twenty-five dollars)) as set under RCW 36.18.020.
NEW SECTION. Sec. 21. RCW 2.32.075 and 1961 c 304 s 5 are each repealed."
On motion of Senator Wojahn, the following amendment by Senators Wojahn, Winsley, Haugen, Loveland, Fairley, Kohl, Rinehart, Prentice, Long, Sheldon, McAuliffe, Wood, Franklin, Spanel, Drew and Fraser to the Committee on Law and Justice striking amendment was adopted:
On page 9, after line 17 of the committee amendment, insert the following:
"Sec. 11. RCW 36.18.010 and 1991 c 26 s 2 are each amended to read as follows:
County auditors or recording officers shall collect the following fees for their official services:
For recording instruments, for the first page, legal size (eight and one-half by fourteen inches or less), five dollars; for each additional legal size page, one dollar; the fee for recording multiple transactions contained in one instrument will be calculated individually for each transaction requiring separate indexing as required under RCW 65.04.050;
For preparing and certifying copies, for the first legal size page, three dollars; for each additional legal size page, one dollar;
For preparing noncertified copies, for each legal size page, one dollar;
For administering an oath or taking an affidavit, with or without seal, two dollars;
For issuing a marriage license, eight dollars, (this fee includes taking necessary affidavits, filing returns, indexing, and transmittal of a record of the marriage to the state registrar of vital statistics) plus an additional five-dollar fee for use and support of the prevention of child abuse and neglect activities to be transmitted monthly to the state treasurer and deposited in the state general fund, ((which five-dollar fee shall expire June 30, 1995,)) plus an additional ten-dollar fee to be transmitted monthly to the state treasurer and deposited in the state general fund. The legislature intends to appropriate an amount at least equal to the revenue generated by this fee for the purposes of the displaced homemaker act, chapter 28B.04 RCW;
For searching records per hour, eight dollars;
For recording plats, fifty cents for each lot except cemetery plats for which the charge shall be twenty-five cents per lot; also one dollar for each acknowledgment, dedication, and description: PROVIDED, That there shall be a minimum fee of twenty-five dollars per plat;
For recording of miscellaneous records, not listed above, for first legal size page, five dollars; for each additional legal size page, one dollar;
For modernization and improvement of the recording and indexing system, a surcharge as provided in RCW 36.22.170."
Renumber the remaining sections consecutively and correct any internal references accordingly.
The President declared the question before the Senate to be the adoption of the Committee on Law and Justice striking amendment, as amended, to Substitute House Bill No. 1692.
The committee striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Smith, the following title amendments were considered simultaneously and were adopted:
On page 1, line 1 of the title, after "fees;" strike the remainder of the title and insert "amending RCW 5.28.010, 10.14.040, 10.82.070, 11.86.031, 12.40.105, 12.40.110, 13.64.020, 26.50.030, 34.05.514, 36.18.020, 36.18.022, 40.14.027, 49.60.227, 65.12.780, 70.02.070, and 90.03.180; adding new sections to chapter 36.18 RCW; and repealing RCW 2.32.075."
On page 15, line 13 of the title amendment, after "34.05.514," insert "36.18.010,"
On motion of Senator Smith, the rules were suspended, Substitute House Bill No. 1692, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Ann Anderson, Senator McCaslin was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1692, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1692, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.
Excused: Senators Anderson, C., Hargrove, McCaslin, Owen and Pelz - 5.
SUBSTITUTE HOUSE BILL NO. 1692, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1724, by House Committee on Government Operations (originally sponsored by Representatives Reams, Rust, L. Thomas, Goldsmith, Ogden, Patterson, Poulsen, Scott, Regala, Mastin, Valle and Chopp (by request of Governor Lowry)
Revising provisions relating to growth management.
The bill was read the second time.
MOTIONS
On motion of Senator Fraser, the following Committee on Ways and Means amendment was adopted:
Strike everything after the enacting clause and insert the following:
"TABLE OF CONTENTSPage #
PART I - GROWTH MANAGEMENT ACT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
PART II - STATE ENVIRONMENTAL POLICY ACT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART III - SHORELINE MANAGEMENT ACT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
PART IV - LOCAL PERMIT PROCESS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
PART V - DEVELOPMENT AGREEMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
PART VI - STATE PERMIT COORDINATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
PART VII - APPEALS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
PART VIII - STUDY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102
PART IX - MISCELLANEOUS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .105
NEW SECTION. Sec. 1. The legislature recognizes by this act that the growth management act is a fundamental building block of regulatory reform. The state and local governments have invested considerable resources in an act that should serve as the integrating framework for all other land-use related laws. The growth management act provides the means to effectively combine certainty for development decisions, reasonable environmental protection, long-range planning for cost-effective infrastructure, and orderly growth and development.
PART I - GROWTH MANAGEMENT ACT
NEW SECTION. Sec. 101. The legislature finds that during project review, a county or city planning under RCW 36.70A.040 is likely to discover the need to make various improvements in comprehensive plans and development regulations. There is no current requirement or process for applicants, citizens, or agency staff to ensure that these improvements are considered in the plan review process. The legislature also finds that in the past environmental review and permitting of proposed projects have been used to reopen and make land use planning decisions that should have been made through the comprehensive planning process, in part because agency staff and hearing examiners have not been able to ensure consideration of all issues in the local planning process. The legislature further finds that, while plans and regulations should be improved and refined over time, it is unfair to penalize applicants that have submitted permit applications that meet current requirements. It is the intent of the legislature in enacting section 102 of this act to establish a means by which cities and counties will docket suggested plan or development regulation amendments and ensure their consideration during the planning process.
NEW SECTION. Sec. 102. A new section is added to chapter 36.70A RCW to read as follows:
(1) Project review, which shall be conducted pursuant to the provisions of chapter 36.-- RCW (the new chapter created in section 431 of this act), shall be used to make individual project decisions, not land use planning decisions. If, during project review, a county or city planning under RCW 36.70A.040 identifies deficiencies in plans or regulations:
(a) The permitting process shall not be used as a comprehensive planning process;
(b) Project review shall continue; and
(c) The identified deficiencies shall be docketed for possible future plan or development regulation amendments.
(2) Each county and city planning under RCW 36.70A.040 shall include in its development regulations a procedure for any interested person, including applicants, citizens, hearing examiners, and staff of other agencies, to suggest plan or development regulation amendments. The suggested amendments shall be docketed and considered on at least an annual basis, consistent with the provisions of RCW 36.70A.130.
(3) For purposes of this section, a deficiency in a comprehensive plan or development regulation refers to the absence of required or potentially desirable contents of a comprehensive plan or development regulation. It does not refer to whether a development regulation addresses a project's probable specific adverse environmental impacts which the permitting agency could mitigate in the normal project review process.
(4) For purposes of this section, docketing refers to compiling and maintaining a list of suggested changes to the comprehensive plan or development regulations in a manner that will ensure such suggested changes will be considered by the county or city and will be available for review by the public.
Sec. 103. RCW 36.70A.030 and 1994 c 307 s 2 and 1994 c 257 s 5 are each reenacted and amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Adopt a comprehensive land use plan" means to enact a new comprehensive land use plan or to update an existing comprehensive land use plan.
(2) "Agricultural land" means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock, and that has long-term commercial significance for agricultural production.
(3) "City" means any city or town, including a code city.
(4) "Comprehensive land use plan," "comprehensive plan," or "plan" means a generalized coordinated land use policy statement of the governing body of a county or city that is adopted pursuant to this chapter.
(5) "Critical areas" include the following areas and ecosystems: (a) Wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas.
(6) "Department" means the department of community, trade, and economic development.
(7) ((For purposes of RCW 36.70A.065 and 36.70A.440, "development permit application" means any application for a development proposal for a use that could be permitted under a plan adopted pursuant to this chapter and is consistent with the underlying land use and zoning, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses or other applications pertaining to land uses, but shall not include rezones, proposed amendments to comprehensive plans or the adoption or amendment of development regulations.
(8))) "Development regulations" means ((any)) the controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in section 402 of this act, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city.
(((9))) (8) "Forest land" means land primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, including Christmas trees subject to the excise tax imposed under RCW 84.33.100 through 84.33.140, and that has long-term commercial significance. In determining whether forest land is primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, the following factors shall be considered: (a) The proximity of the land to urban, suburban, and rural settlements; (b) surrounding parcel size and the compatibility and intensity of adjacent and nearby land uses; (c) long-term local economic conditions that affect the ability to manage for timber production; and (d) the availability of public facilities and services conducive to conversion of forest land to other uses.
(((10))) (9) "Geologically hazardous areas" means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns.
(((11))) (10) "Long-term commercial significance" includes the growing capacity, productivity, and soil composition of the land for long-term commercial production, in consideration with the land's proximity to population areas, and the possibility of more intense uses of the land.
(((12))) (11) "Minerals" include gravel, sand, and valuable metallic substances.
(((13))) (12) "Public facilities" include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools.
(((14))) (13) "Public services" include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services.
(((15))) (14) "Urban growth" refers to growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of such land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources. When allowed to spread over wide areas, urban growth typically requires urban governmental services. "Characterized by urban growth" refers to land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth.
(((16))) (15) "Urban growth areas" means those areas designated by a county pursuant to RCW 36.70A.110.
(((17))) (16) "Urban governmental services" include those governmental services historically and typically delivered by cities, and include storm and sanitary sewer systems, domestic water systems, street cleaning services, fire and police protection services, public transit services, and other public utilities associated with urban areas and normally not associated with nonurban areas.
(((18))) (17) "Wetland" or "wetlands" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. ((However,)) Wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands((, if permitted by the county or city)).
NEW SECTION. Sec. 104. A new section is added to chapter 36.70A RCW to read as follows:
(1) For shorelines of the state, the goals and policies of the shoreline management act as set forth in RCW 90.58.020 are added as one of the goals of this chapter as set forth in RCW 36.70A.020. The goals and policies of a shoreline master program for a county or city approved under chapter 90.58 RCW shall be considered an element of the county or city's comprehensive plan. All other portions of the shoreline master program for a county or city adopted under chapter 90.58 RCW, including use regulations, shall be considered a part of the county or city's development regulations.
(2) The shoreline master program shall be adopted pursuant to the procedures of chapter 90.58 RCW rather than the procedures set forth in this chapter for the adoption of a comprehensive plan or development regulations.
NEW SECTION. Sec. 105. A new section is added to chapter 36.70A RCW to read as follows:
(1) In designating and protecting critical areas under this chapter, counties and cities shall include the best available science in developing policies and development regulations to protect the functions and values of critical areas. In addition, counties and cities shall give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries.
(2) If it determines that advice from scientific or other experts is necessary or will be of substantial assistance in reaching its decision, a growth management hearings board may retain scientific or other expert advice to assist in reviewing a petition under RCW 36.70A.290 that involves critical areas.
Sec. 106. RCW 36.70A.130 and 1990 1st ex.s. c 17 s 13 are each amended to read as follows:
(1) Each comprehensive land use plan and development regulations shall be subject to continuing evaluation and review by the county or city that adopted them.
Any amendment or revision to a comprehensive land use plan shall conform to this chapter, and any change to development regulations shall be consistent with and implement the comprehensive plan.
(2)(a) Each county and city shall establish and broadly disseminate to the public a public participation program identifying procedures whereby proposed amendments or revisions of the comprehensive plan are considered by the governing body of the county or city no more frequently than once every year except that amendments may be considered more frequently under the following circumstances:
(i) The initial adoption of a subarea plan; and
(ii) The adoption or amendment of a shoreline master program under the procedures set forth in chapter 90.58 RCW.
(b) All proposals shall be considered by the governing body concurrently so the cumulative effect of the various proposals can be ascertained. However, after appropriate public participation a county or city may adopt amendments or revisions to its comprehensive plan that conform with this chapter whenever an emergency exists or to resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court.
(3) Each county that designates urban growth areas under RCW 36.70A.110 shall review, at least every ten years, its designated urban growth area or areas, and the densities permitted within both the incorporated and unincorporated portions of each urban growth area. In conjunction with this review by the county, each city located within an urban growth area shall review the densities permitted within its boundaries, and the extent to which the urban growth occurring within the county has located within each city and the unincorporated portions of the urban growth areas. The county comprehensive plan designating urban growth areas, and the densities permitted in the urban growth areas by the comprehensive plans of the county and each city located within the urban growth areas, shall be revised to accommodate the urban growth projected to occur in the county for the succeeding twenty-year period.
Sec. 107. RCW 36.70A.140 and 1990 1st ex.s. c 17 s 14 are each amended to read as follows:
Each county and city that is required or chooses to plan under RCW 36.70A.040 shall establish and broadly disseminate to the public a public participation program identifying procedures providing for early and continuous public participation in the development and amendment of comprehensive land use plans and development regulations implementing such plans. The procedures shall provide for broad dissemination of proposals and alternatives, opportunity for written comments, public meetings after effective notice, provision for open discussion, communication programs, information services, and consideration of and response to public comments. In enacting legislation in response to the board's decision pursuant to RCW 36.70A.300 declaring part or all of a comprehensive plan or development regulation invalid, the county or city shall provide for public participation that is appropriate and effective under the circumstances presented by the board's order. Errors in exact compliance with the established program and procedures shall not render the comprehensive land use plan or development regulations invalid if the spirit of the program and procedures is observed.
Sec. 108. RCW 36.70A.280 and 1994 c 249 s 31 are each amended to read as follows:
(1) A growth management hearings board shall hear and determine only those petitions alleging either:
(a) That a state agency, county, or city planning under this chapter is not in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to the adoption of shoreline master programs or amendments thereto, or chapter 43.21C RCW as it relates to plans, development regulations, or amendments, adopted under RCW 36.70A.040 or chapter 90.58 RCW; or
(b) That the twenty-year growth management planning population projections adopted by the office of financial management pursuant to RCW 43.62.035 should be adjusted.
(2) A petition may be filed only by the state, a county or city that plans under this chapter, a person who has either appeared before the county or city regarding the matter on which a review is being requested or is certified by the governor within sixty days of filing the request with the board, or a person qualified pursuant to RCW 34.05.530.
(3) For purposes of this section "person" means any individual, partnership, corporation, association, governmental subdivision or unit thereof, or public or private organization or entity of any character.
(4) When considering a possible adjustment to a growth management planning population projection prepared by the office of financial management, a board shall consider the implications of any such adjustment to the population forecast for the entire state.
The rationale for any adjustment that is adopted by a board must be documented and filed with the office of financial management within ten working days after adoption.
If adjusted by a board, a county growth management planning population projection shall only be used for the planning purposes set forth in this chapter and shall be known as a "board adjusted population projection". None of these changes shall affect the official state and county population forecasts prepared by the office of financial management, which shall continue to be used for state budget and planning purposes.
Sec. 109. RCW 36.70A.290 and 1994 c 257 s 2 and 1994 c 249 s 26 are each reenacted and amended to read as follows:
(1) All requests for review to a growth management hearings board shall be initiated by filing a petition that includes a detailed statement of issues presented for resolution by the board.
(2) All petitions relating to whether or not an adopted comprehensive plan, development regulation, or permanent amendment thereto, is in compliance with the goals and requirements of this chapter or chapter 90.58 or 43.21C RCW must be filed within sixty days after publication by the legislative bodies of the county or city.
(a) Except as provided in (c) of this subsection, the date of publication for a city shall be the date the city publishes the ordinance, or summary of the ordinance, adopting the comprehensive plan or development regulations, or amendment thereto, as is required to be published.
(b) Promptly after adoption, a county shall publish a notice that it has adopted the comprehensive plan or development regulations, or amendment thereto.
Except as provided in (c) of this subsection, for purposes of this section the date of publication for a county shall be the date the county publishes the notice that it has adopted the comprehensive plan or development regulations, or amendment thereto.
(c) For local governments planning under RCW 36.70A.040, promptly after approval or disapproval of a local government̓s shoreline master program or amendment thereto by the department of ecology as provided in RCW 90.58.090, the local government shall publish a notice that the shoreline master program or amendment thereto has been approved or disapproved by the department of ecology. For purposes of this section, the date of publication for the adoption or amendment of a shoreline master program is the date the local government publishes notice that the shoreline master program or amendment thereto has been approved or disapproved by the department of ecology.
(3) Unless the board dismisses the petition as frivolous or finds that the person filing the petition lacks standing, the board shall, within ten days of receipt of the petition, set a time for hearing the matter.
(4) The board shall base its decision on the record developed by the city, county, or the state and supplemented with additional evidence if the board determines that such additional evidence would be necessary or of substantial assistance to the board in reaching its decision.
(5) The board, shall consolidate, when appropriate, all petitions involving the review of the same comprehensive plan or the same development regulation or regulations.
Sec. 110. RCW 36.70A.300 and 1991 sp.s. c 32 s 11 are each amended to read as follows:
(1) The board shall issue a final order within one hundred eighty days of receipt of the petition for review, or, when multiple petitions are filed, within one hundred eighty days of receipt of the last petition that is consolidated. Such a final order shall be based exclusively on whether or not a state agency, county, or city is in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to adoption or amendment of shoreline master programs, or chapter 43.21C RCW as it relates to plans, development regulations, and amendments thereto, adopted under RCW 36.70A.040 or chapter 90.58 RCW. In the final order, the board shall either: (a) Find that the state agency, county, or city is in compliance with the requirements of this chapter or chapter 90.58 RCW as it relates to the adoption or amendment of shoreline master programs; or (b) find that the state agency, county, or city is not in compliance with the requirements of this chapter or chapter 90.58 RCW as it relates to the adoption or amendment of shoreline master programs, in which case the board shall remand the matter to the affected state agency, county, or city and specify a reasonable time not in excess of one hundred eighty days within which the state agency, county, or city shall comply with the requirements of this chapter.
(2) A finding of noncompliance and an order of remand shall not affect the validity of comprehensive plans and development regulations during the period of remand, unless the board's final order also:
(a) Includes a determination, supported by findings of fact and conclusions of law, that the continued validity of the plan or regulation would substantially interfere with the fulfillment of the goals of this chapter; and
(b) Specifies the particular part or parts of the plan or regulation that are determined to be invalid, and the reasons for their invalidity.
(3) A determination of invalidity shall:
(a) Be prospective in effect and shall not extinguish rights that vested under state or local law before the date of the board's order; and
(b) Subject any development application that would otherwise vest after the date of the board's order to the local ordinance or resolution that both is enacted in response to the order of remand and determined by the board pursuant to RCW 36.70A.330 to comply with the requirements of this chapter.
(4) If the ordinance that adopts a plan or development regulation under this chapter includes a savings clause intended to revive prior policies or regulations in the event the new plan or regulations are determined to be invalid, the board shall determine under subsection (2) of this section whether the prior policies or regulations are valid during the period of remand.
(5) Any party aggrieved by a final decision of the hearings board may appeal the decision to ((Thurston county)) superior court as provided in RCW 34.05.514 or 36.01.050 within thirty days of the final order of the board.
Sec. 111. RCW 36.70A.320 and 1991 sp.s. c 32 s 13 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, comprehensive plans and development regulations, and amendments thereto, adopted under this chapter are presumed valid upon adoption. In any petition under this chapter, the board, after full consideration of the petition, shall determine whether there is compliance with the requirements of this chapter. In making its determination, the board shall consider the criteria adopted by the department under RCW 36.70A.190(4). The board shall find compliance unless it finds by a preponderance of the evidence that the state agency, county, or city erroneously interpreted or applied this chapter.
(2) The shoreline element of a comprehensive plan and the applicable development regulations adopted by a county or city shall take effect as provided in chapter 90.58 RCW.
Sec. 112. RCW 36.70A.330 and 1991 sp.s. c 32 s 14 are each amended to read as follows:
(1) After the time set for complying with the requirements of this chapter under RCW 36.70A.300(1)(b) has expired, or at an earlier time upon the motion of a county or city subject to a determination of invalidity under RCW 36.70A.300, the board((, on its own motion or motion of the petitioner,)) shall set a hearing for the purpose of determining whether the state agency, county, or city is in compliance with the requirements of this chapter.
(2) The board shall conduct a hearing and issue a finding of compliance or noncompliance with the requirements of this chapter. A person with standing to challenge the legislation enacted in response to the board's final order may participate in the hearing along with the petitioner and the state agency, city, or county. A hearing under this subsection shall be given the highest priority of business to be conducted by the board, and a finding shall be issued within forty-five days of the filing of the motion under subsection (1) of this section with the board.
(3) If the board finds that the state agency, county, or city is not in compliance, the board shall transmit its finding to the governor. The board may recommend to the governor that the sanctions authorized by this chapter be imposed.
(4) The board shall also reconsider its final order and decide:
(a) If a determination of invalidity has been made, whether such a determination should be rescinded or modified under the standards in RCW 36.70A.300(2); or
(b) If no determination of invalidity has been made, whether one now should be made under the standards in RCW 36.70A.300(2).
The board shall schedule additional hearings as appropriate pursuant to subsections (1) and (2) of this section.
Sec. 113. RCW 34.05.514 and 1994 c 257 s 23 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section ((and RCW 36.70A.300(3))), proceedings for review under this chapter shall be instituted by filing a petition in the superior court, at the petitioner's option, for (a) Thurston county, (b) the county of the petitioner's residence or principal place of business, or (c) in any county where the property owned by the petitioner and affected by the contested decision is located.
(2) For proceedings involving institutions of higher education, the petition shall be filed either in the county in which the principal office of the institution involved is located or in the county of a branch campus if the action involves such branch.
NEW SECTION. Sec. 114. (1) The legislature finds that:
(a) As of the effective date of this section, twenty-nine counties and two hundred eight cities are conducting comprehensive planning under the growth management act, chapter 36.70A RCW, which together comprise over ninety percent of the state's population;
(b) Comprehensive plans for many of the jurisdictions were due by July 1, 1994, and the remaining jurisdictions must complete plans under due dates ranging from October 1994 to September 1997;
(c) Concurrently with these comprehensive planning activities, local governments must conduct several other planning requirements under the growth management act, such as the adoption of capital facilities plans, urban growth areas, and development regulations;
(d) Local governments must also comply with the state environmental policy act, chapter 43.21C RCW, in the development of comprehensive plans and development regulations;
(e) The combined activities of comprehensive planning and the state environmental policy act present a serious fiscal burden upon local governments; and
(f) Detailed environmental analysis integrated with comprehensive plans, subarea plans, and development regulations will facilitate planning for and managing growth, allow greater protection of the environment, and benefit both the general public and private property owners.
(2) In order to provide financial assistance to cities and counties planning under chapter 36.70A RCW and to improve the usefulness of plans and integrated environmental analyses, the legislature has created the fund described in section 115 of this act.
NEW SECTION. Sec. 115. A new section is added to chapter 36.70A RCW to read as follows:
The growth management planning and environmental review fund is hereby established in the state treasury. Moneys may be placed in the fund from the proceeds of bond sales, tax revenues, budget transfers, federal appropriations, gifts, or any other lawful source. Moneys in the fund may be spent only after appropriation. Moneys in the fund shall be used to make grants to local governments for the purposes set forth in section 202 of this act, RCW 43.21C.031, or section 116 of this act.
NEW SECTION. Sec. 116. A new section is added to chapter 36.70A RCW to read as follows:
(1) The department of community, trade, and economic development shall provide management services for the fund created by section 115 of this act. The department by rule shall establish procedures for fund management.
(2) A grant may be awarded to a county or city that is required to or has chosen to plan under RCW 36.70A.040 and that is qualified pursuant to this section. The grant shall be provided to assist a county or city in paying for the cost of preparing a detailed environmental impact statement that is integrated with a comprehensive plan or subarea plan and development regulations.
(3) In order to qualify for a grant, a county or city shall:
(a) Demonstrate that it will prepare an environmental analysis pursuant to chapter 43.21C RCW that is integrated with a comprehensive plan or subarea plan and development regulations;
(b) Address environmental impacts and consequences, alternatives, and mitigation measures in sufficient detail to allow the analysis to be adopted in whole or in part by subsequent applicants for development permits within the geographic area analyzed in the plan;
(c) Include mechanisms in the plan to monitor the consequences of growth as it occurs in the plan area and provide ongoing data to update the plan and environmental analysis;
(d) Be making substantial progress towards compliance with the requirements of this chapter. A county or city that is more than six months out of compliance with a requirement of this chapter is deemed not to be making substantial progress towards compliance; and
(e) Provide local funding, which may include financial participation by the private sector.
(4) In awarding grants, the department shall give preference to proposals that include one or more of the following elements:
(a) Financial participation by the private sector, or a public/private partnering approach;
(b) Comprehensive and subarea plan proposals that are designed to identify and monitor system capacities for elements of the built environment, and to the extent appropriate, of the natural environment;
(c) Programs to improve the efficiency and effectiveness of the permitting process by greater reliance on integrated plans;
(d) Programs for effective citizen and neighborhood involvement that contribute to greater certainty that planning decisions will be implemented; and
(e) Plans that identify environmental impacts and establish mitigation measures that provide effective means to satisfy concurrency requirements and establish project consistency with the plans.
(5) If the local funding includes funding provided by other state functional planning programs, including open space planning and watershed or basin planning, the functional plan shall be integrated into and be consistent with the comprehensive plan.
PART II - STATE ENVIRONMENTAL POLICY ACT:
NEW SECTION. Sec. 201. (1) The legislature finds in adopting section 202 of this act that:
(a) Comprehensive plans and development regulations adopted by counties, cities, and towns under chapter 36.70A RCW and environmental laws and rules adopted by the state and federal government have addressed a wide range of environmental subjects and impacts. These plans, regulations, rules, and laws often provide environmental analysis and mitigation measures for project actions without the need for an environmental impact statement or further project mitigation.
(b) Existing plans, regulations, rules, or laws provide environmental analysis and measures that avoid or otherwise mitigate the probable specific adverse environmental impacts of proposed projects should be integrated with, and should not be duplicated by, environmental review under chapter 43.21C RCW.
(c) Proposed projects should continue to receive environmental review, which should be conducted in a manner that is integrated with and does not duplicate other requirements. Project-level environmental review should be used to: (i) Review and document consistency with comprehensive plans and development regulations; (ii) provide prompt and coordinated review by government agencies and the public on compliance with applicable environmental laws and plans, including mitigation for specific project impacts that have not been considered and addressed at the plan or development regulation level; and (iii) ensure accountability by local government to applicants and the public for requiring and implementing mitigation measures.
(d) When a project permit application is filed, an agency should analyze the proposal's environmental impacts, as required by applicable regulations and the environmental review process required by this chapter, in one project review process. The project review process should include land use, environmental, public, and governmental review, as provided by the applicable regulations and the rules adopted under this chapter, so that documents prepared under different requirements can be reviewed together by the public and other agencies. This project review will provide an agency with the information necessary to make a decision on the proposed project.
(e) Through this project review process: (i) If the applicable regulations require studies that adequately analyze all of the project's specific probable adverse environmental impacts, additional studies under this chapter will not be necessary on those impacts; (ii) if the applicable regulations require measures that adequately address such environmental impacts, additional measures would likewise not be required under this chapter; and (iii) if the applicable regulations do not adequately analyze or address a proposal's specific probable adverse environmental impacts, this chapter provides the authority and procedures for additional review.
(2) The legislature intends that a primary role of environmental review under chapter 43.21C RCW is to focus on the gaps and overlaps that may exist in applicable laws and requirements related to a proposed action. The review of project actions conducted by counties, cities, and towns planning under RCW 36.70A.040 should integrate environmental review with project review. Chapter 43.21C RCW should not be used as a substitute for other land use planning and environmental requirements.
NEW SECTION. Sec. 202. A new section is added to chapter 43.21C RCW to read as follows:
(1) If the requirements of subsection (2) of this section are satisfied, a county, city, or town reviewing a project action may determine that the requirements for environmental analysis, protection, and mitigation measures in the county, city, or town's development regulations and comprehensive plans adopted under chapter 36.70A RCW, and in other applicable local, state, or federal laws and rules provide adequate analysis of and mitigation for the specific adverse environmental impacts of the project action to which the requirements apply.
(2) A county, city, or town may make the determination provided for in subsection (1) of this section if:
(a) In the course of project review, including any required environmental analysis, the local government considers the specific probable adverse environmental impacts of the proposed action and determines that these specific impacts are adequately addressed by the development regulations or other applicable requirements of the comprehensive plan, subarea plan element of the comprehensive plan, or other local, state, or federal rules or laws; and
(b) The local government bases or conditions its approval on compliance with these requirements or mitigation measures.
(3) If a county, city, or town's comprehensive plans, subarea plans, and development regulations adequately address a project's probable specific adverse environmental impacts, as determined under subsections (1) and (2) of this section, the county, city, or town shall not impose additional mitigation under this chapter during project review. Project review shall be integrated with environmental analysis under this chapter.
(4) A comprehensive plan, subarea plan, or development regulation shall be considered to adequately address an impact if the county, city, or town, through the planning and environmental review process under chapter 36.70A RCW and this chapter, has identified the specific adverse environmental impacts and:
(a) The impacts have been avoided or otherwise mitigated; or
(b) The legislative body of the county, city, or town has designated as acceptable certain levels of service, land use designations, development standards, or other land use planning required or allowed by chapter 36.70A RCW.
(5) In deciding whether a specific adverse environmental impact has been addressed by an existing rule or law of another agency with jurisdiction with environmental expertise with regard to a specific environmental impact, the county, city, or town shall consult orally or in writing with that agency and may expressly defer to that agency. In making this deferral, the county, city, or town shall base or condition its project approval on compliance with these other existing rules or laws.
(6) Nothing in this section limits the authority of an agency in its review or mitigation of a project to adopt or otherwise rely on environmental analyses and requirements under other laws, as provided by this chapter.
(7) This section shall apply only to a county, city, or town planning under RCW 36.70A.040.
Sec. 203. RCW 43.21C.031 and 1983 c 117 s 1 are each amended to read as follows:
(1) An environmental impact statement (the detailed statement required by RCW 43.21C.030(2)(c)) shall be prepared on proposals for legislation and other major actions having a probable significant, adverse environmental impact. The environmental impact statement may be combined with the recommendation or report on the proposal or issued as a separate document. The substantive decisions or recommendations shall be clearly identifiable in the combined document. Actions categorically exempt under RCW 43.21C.110(1)(a) do not require environmental review or the preparation of an environmental impact statement under this chapter. In a county, city, or town planning under RCW 36.70A.040, a planned action, as provided for in subsection (2) of this section, does not require a threshold determination or the preparation of an environmental impact statement under this chapter, but is subject to environmental review and mitigation as provided in this chapter.
An environmental impact statement is required to analyze only those probable adverse environmental impacts which are significant. Beneficial environmental impacts may be discussed. The responsible official shall consult with agencies and the public to identify such impacts and limit the scope of an environmental impact statement. The subjects listed in RCW 43.21C.030(2)(c) need not be treated as separate sections of an environmental impact statement. Discussions of significant short-term and long-term environmental impacts, significant irrevocable commitments of natural resources, significant alternatives including mitigation measures, and significant environmental impacts which cannot be mitigated should be consolidated or included, as applicable, in those sections of an environmental impact statement where the responsible official decides they logically belong.
(2)(a) For purposes of this section, a planned action means one or more types of project action that:
(i) Are designated planned actions by an ordinance or resolution adopted by a county, city, or town planning under RCW 36.70A.040;
(ii) Have had the significant impacts adequately addressed in an environmental impact statement prepared in conjunction with (A) a comprehensive plan or subarea plan adopted under chapter 36.70A RCW, or (B) a fully contained community, a master planned resort, a master planned development, or a phased project;
(iii) Are subsequent or implementing projects for the proposals listed in (a)(ii) of this subsection;
(iv) Are located within an urban growth area, as defined in RCW 36.70A.030;
(v) Are not essential public facilities, as defined in RCW 36.70A.200; and
(vi) Are consistent with a comprehensive plan adopted under chapter 36.70A RCW.
(b) A county, city, or town shall limit planned actions to certain types of development or to specific geographical areas that are less extensive than the jurisdictional boundaries of the county, city, or town and may limit a planned action to a time period identified in the environmental impact statement or the ordinance or resolution adopted under this subsection.
Sec. 204. RCW 43.21C.075 and 1994 c 253 s 4 are each amended to read as follows:
(1) Because a major purpose of this chapter is to combine environmental considerations with public decisions, any appeal brought under this chapter shall be linked to a specific governmental action. The State Environmental Policy Act provides a basis for challenging whether governmental action is in compliance with the substantive and procedural provisions of this chapter. The State Environmental Policy Act is not intended to create a cause of action unrelated to a specific governmental action.
(2) Unless otherwise provided by this section:
(a) Appeals under this chapter shall be of the governmental action together with its accompanying environmental determinations.
(b) Appeals of environmental determinations made (or lacking) under this chapter shall be commenced within the time required to appeal the governmental action which is subject to environmental review.
(3) If an agency has a procedure for appeals of agency environmental determinations made under this chapter, such procedure:
(a) Shall not allow more than one agency appeal proceeding on a procedural determination (the adequacy of a determination of significance/nonsignificance or of a final environmental impact statement)((, consistent with any state statutory requirements for appeals to local legislative bodies)). The appeal proceeding on a determination of significance((/nonsignificance)) may occur before the agency's final decision on a proposed action. The appeal proceeding on a determination of nonsignificance may occur before the agency's final decision on a proposed action only if the appeal is heard at a proceeding where the hearing body or officer will render a final recommendation or decision on the proposed underlying governmental action. Such ((an)) appeals shall also be allowed for a determination of significance/nonsignificance which may be issued by the agency after supplemental review;
(b) Shall consolidate an appeal of procedural issues and of substantive determinations made under this chapter (such as a decision to require particular mitigation measures or to deny a proposal) with a hearing or appeal on the underlying governmental action by providing for a single simultaneous ((appeal of an)) hearing before one hearing officer or body to consider the agency decision on a proposal and any environmental determinations made under this chapter, with the exception of the ((threshold determination)) appeal, if any, of a determination of significance as provided in (a) of this subsection or an appeal to the local legislative authority under RCW 43.21C.060 or other applicable state statutes;
(c) Shall provide for the preparation of a record for use in any subsequent appeal proceedings, and shall provide for any subsequent appeal proceedings to be conducted on the record, consistent with other applicable law. An adequate record consists of findings and conclusions, testimony under oath, and taped or written transcript. An electronically recorded transcript will suffice for purposes of review under this subsection; and
(d) Shall provide that procedural determinations made by the responsible official shall be entitled to substantial weight.
(4) If a person aggrieved by an agency action has the right to judicial appeal and if an agency has an appeal procedure, such person shall, prior to seeking any judicial review, use such agency procedure if any such procedure is available, unless expressly provided otherwise by state statute.
(5) ((RCW 43.21C.080 establishes an optional "notice of action" procedure which, if used, imposes a time period for appealing decisions under this chapter.)) Some statutes and ordinances contain time periods for challenging governmental actions which are subject to review under this chapter, such as various local land use approvals (the "underlying governmental action"). RCW 43.21C.080 establishes an optional "notice of action" procedure which, if used, imposes a time period for appealing decisions under this chapter. This ((section)) subsection does not modify any such time periods. ((This section governs when a judicial appeal must be brought under this chapter where a "notice of action" is used, and/or where there is another time period which is required by statute or ordinance for challenging the underlying governmental action.)) In this subsection, the term "appeal" refers to a judicial appeal only.
(a) If there is a time period for appealing the underlying governmental action, appeals under this chapter shall be commenced within ((thirty days)) such time period. The agency shall give official notice stating the date and place for commencing an appeal. ((If there is an agency proceeding under subsection (3) of this section, the appellant shall, prior to commencing a judicial appeal, submit to the responsible official a notice of intent to commence a judicial appeal. This notice of intent shall be given within the time period for commencing a judicial appeal on the underlying governmental action.))
(b) If there is no time period for appealing the underlying governmental action, and a notice of action under RCW 43.21C.080 ((may be used. If a notice of action)) is used, ((judicial)) appeals shall be commenced within the time period specified by RCW 43.21C.080((, unless there is a time period for appealing the underlying governmental action in which case (a) of this subsection shall apply.
(c) Notwithstanding RCW 43.21C.080(1), if there is a time period for appealing the underlying governmental action, a notice of action may be published within such time period)).
(6)(a) Judicial review under subsection (5) of this section of an appeal decision made by an agency under ((RCW 43.21C.075(5))) subsection (3) of this section shall be on the record, consistent with other applicable law.
(b) A taped or written transcript may be used. If a taped transcript is to be reviewed, a record shall identify the location on the taped transcript of testimony and evidence to be reviewed. Parties are encouraged to designate only those portions of the testimony necessary to present the issues raised on review, but if a party alleges that a finding of fact is not supported by evidence, the party should include in the record all evidence relevant to the disputed finding. Any other party may designate additional portions of the taped transcript relating to issues raised on review. A party may provide a written transcript of portions of the testimony at the party's own expense or apply to that court for an order requiring the party seeking review to pay for additional portions of the written transcript.
(c) Judicial review under this chapter shall without exception be of the governmental action together with its accompanying environmental determinations.
(7) Jurisdiction over the review of determinations under this chapter in an appeal before an agency or superior court shall upon consent of the parties be transferred in whole or part to the shorelines hearings board. The shorelines hearings board shall hear the matter and sign the final order expeditiously. The superior court shall certify the final order of the shorelines hearings board and said certified final order may only be appealed to an appellate court. In the case of an appeal under this chapter regarding a project or other matter that is also the subject of an appeal to the shorelines hearings board under chapter 90.58 RCW, the shorelines hearings board shall have sole jurisdiction over both the appeal under this section and the appeal under chapter 90.58 RCW, shall consider them together, and shall issue a final order within one hundred eighty days as provided in RCW 90.58.180.
(8) For purposes of this section and RCW 43.21C.080, the words "action", "decision", and "determination" mean substantive agency action including any accompanying procedural determinations under this chapter (except where the word "action" means "appeal" in RCW 43.21C.080(2) ((and (3)))). The word "action" in this section and RCW 43.21C.080 does not mean a procedural determination by itself made under this chapter. The word "determination" includes any environmental document required by this chapter and state or local implementing rules. The word "agency" refers to any state or local unit of government. Except as provided in subsection (5) of this section, the word "appeal" refers to administrative, legislative, or judicial appeals.
(9) The court in its discretion may award reasonable attorney's fees of up to one thousand dollars in the aggregate to the prevailing party, including a governmental agency, on issues arising out of this chapter if the court makes specific findings that the legal position of a party is frivolous and without reasonable basis.
Sec. 205. RCW 43.21C.080 and 1977 ex.s. c 278 s 1 are each amended to read as follows:
(1) Notice of any action taken by a governmental agency may be publicized by the acting governmental agency, the applicant for, or the proponent of such action, in substantially the form as set forth in ((subsection (3) of this section and in the following manner)) rules adopted under RCW 43.21C.110:
(a) By publishing notice on the same day of each week for two consecutive weeks in a legal newspaper of general circulation in the area where the property which is the subject of the action is located;
(b) By filing notice of such action with the department of ecology at its main office in Olympia prior to the date of the last newspaper publication; and
(c) Except for those actions which are of a nonproject nature, by one of the following methods which shall be accomplished prior to the date of ((last)) first newspaper publication;
(i) Mailing to the latest recorded real property owners, as shown by the records of the county treasurer, who share a common boundary line with the property upon which the project is proposed through United States mail, first class, postage prepaid.
(ii) Posting of the notice in a conspicuous manner on the property upon which the project is to be constructed.
(2)(a) Except as otherwise provided in RCW 43.21C.075(5)(a), any action to set aside, enjoin, review, or otherwise challenge any such governmental action or subsequent governmental action for which notice is given as provided in subsection (1) of this section on grounds of noncompliance with the provisions of this chapter shall be commenced within ((thirty)) twenty-one days from the date of last newspaper publication of the notice pursuant to subsection (1) of this section, or be barred((: PROVIDED, HOWEVER, That the time period within which an action shall be commenced shall be ninety days (i) for projects to be performed by a governmental agency or to be performed under government contract, or (ii) for thermal power plant projects: PROVIDED FURTHER, That)).
(b) Any subsequent governmental action on the proposal for which notice has been given as provided in subsection (1) of this section shall not be set aside, enjoined, reviewed, or otherwise challenged on grounds of noncompliance with the provisions of RCW 43.21C.030(2)(a) through (h) unless there has been a substantial change in the proposal between the time of the first governmental action and the subsequent governmental action that is likely to have adverse environmental impacts beyond the range of impacts previously analyzed, or unless the action now being considered was identified in an earlier detailed statement or declaration of nonsignificance as being one which would require further environmental evaluation.
(((b) Any action to challenge a subsequent governmental action based upon any provisions of this chapter shall be commenced within thirty days from the date of last newspaper publication of the subsequent governmental action except (i) for projects to be performed by a governmental agency or to be performed under governmental contract, or (ii) for thermal power plant projects which shall be challenged within ninety days from the date of last newspaper publication of the subsequent governmental action, or be barred.
(3) The form for such notice of action shall be issued by the department of ecology and shall be made available by the governmental agency taking an action subject to being publicized pursuant to this section, by the county auditor, and/or the city clerk to the project applicant or proposer. The form of such notice shall be substantially as follows:
NOTICE OF ACTION BY
. . . . . . . . . . . . . . . .
(Government agency or entity)
Pursuant to the provisions of chapter 43.21C RCW, notice is hereby given that:
The . . . . . . . . . (Government agency or entity) did on . . . . . . (date), take the action described below.
Any action to set aside, enjoin, review, or otherwise challenge such action on the grounds of noncompliance with the provisions of chapter 43.21C RCW (State Environmental Policy Act) shall be commenced within . . . . days or be barred.
The action taken by . . . . . . . . . (Government agency or entity), notice of which is hereby given, was as follows:
(1) . . . . . . . . . (Here insert description of action taken such as: Adoption Ordinance No. . . . .; Issued Building Permit; Approved preliminary (or final) plat, etc.)
(2) . . . . . . . . . (Here insert brief description of the complete project or proposal.)
(3) Said action pertained to property commonly known as:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Sufficient description to locate property, but complete legal description not required)
(4) Pertinent documents may be examined during regular business hours at the office of: . . . . . . located at:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Location, including room number)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Name of government agency, proponent, or applicant giving notice)
Filed by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Signature of individual and capacity in which such individual is signing)))
Sec. 206. RCW 43.21C.110 and 1983 c 117 s 7 are each amended to read as follows:
It shall be the duty and function of the department of ecology((, which may utilize proposed rules developed by the environmental policy commission)):
(1) To adopt and amend thereafter rules of interpretation and implementation of this chapter (((the state environmental policy act of 1971))), subject to the requirements of chapter 34.05 RCW, for the purpose of providing uniform rules and guidelines to all branches of government including state agencies, political subdivisions, public and municipal corporations, and counties. The proposed rules shall be subject to full public hearings requirements associated with rule promulgation. Suggestions for modifications of the proposed rules shall be considered on their merits, and the department shall have the authority and responsibility for full and appropriate independent promulgation and adoption of rules, assuring consistency with this chapter as amended and with the preservation of protections afforded by this chapter. The rule making powers authorized in this section shall include, but shall not be limited to, the following phases of interpretation and implementation of this chapter (((the state environmental policy act of 1971))):
(a) Categories of governmental actions which are not to be considered as potential major actions significantly affecting the quality of the environment, including categories pertaining to applications for water right permits pursuant to chapters 90.03 and 90.44 RCW. The types of actions included as categorical exemptions in the rules shall be limited to those types which are not major actions significantly affecting the quality of the environment. The rules shall provide for certain circumstances where actions which potentially are categorically exempt require environmental review. An action that is categorically exempt under the rules adopted by the department may not be conditioned or denied under this chapter.
(b) Rules for criteria and procedures applicable to the determination of when an act of a branch of government is a major action significantly affecting the quality of the environment for which a detailed statement is required to be prepared pursuant to RCW 43.21C.030.
(c) Rules and procedures applicable to the preparation of detailed statements and other environmental documents, including but not limited to rules for timing of environmental review, obtaining comments, data and other information, and providing for and determining areas of public participation which shall include the scope and review of draft environmental impact statements.
(d) Scope of coverage and contents of detailed statements assuring that such statements are simple, uniform, and as short as practicable; statements are required to analyze only reasonable alternatives and probable adverse environmental impacts which are significant, and may analyze beneficial impacts.
(e) Rules and procedures for public notification of actions taken and documents prepared.
(f) Definition of terms relevant to the implementation of this chapter including the establishment of a list of elements of the environment. Analysis of environmental considerations under RCW 43.21C.030(2) may be required only for those subjects listed as elements of the environment (or portions thereof). The list of elements of the environment shall consist of the "natural" and "built" environment. The elements of the built environment shall consist of public services and utilities (such as water, sewer, schools, fire and police protection), transportation, environmental health (such as explosive materials and toxic waste), and land and shoreline use (including housing, and a description of the relationships with land use and shoreline plans and designations, including population).
(g) Rules for determining the obligations and powers under this chapter of two or more branches of government involved in the same project significantly affecting the quality of the environment.
(h) Methods to assure adequate public awareness of the preparation and issuance of detailed statements required by RCW 43.21C.030(2)(c).
(i) To prepare rules for projects setting forth the time limits within which the governmental entity responsible for the action shall comply with the provisions of this chapter.
(j) Rules for utilization of a detailed statement for more than one action and rules improving environmental analysis of nonproject proposals and encouraging better interagency coordination and integration between this chapter and other environmental laws.
(k) Rules relating to actions which shall be exempt from the provisions of this chapter in situations of emergency.
(l) Rules relating to the use of environmental documents in planning and decision making and the implementation of the substantive policies and requirements of this chapter, including procedures for appeals under this chapter.
(m) Rules and procedures that provide for the integration of environmental review with project review as provided in section 202 of this act. The rules and procedures shall be jointly developed with the department of community, trade, and economic development and shall be applicable to the preparation of environmental documents for actions in counties, cities, and towns planning under RCW 36.70A.040. The rules and procedures shall also include criteria to analyze the consistency of project actions, including planned actions under RCW 43.21C.031(2), with development regulations adopted under chapter 36.70A RCW, or in the absence of applicable development regulations, the appropriate elements of a comprehensive plan or subarea plan adopted under chapter 36.70A RCW. Ordinances or procedures adopted by a county, city, or town to implement the provisions of section 202 of this act prior to the effective date of rules adopted under this subsection (1)(m) shall continue to be effective until the adoption of any new or revised ordinances or procedures that may be required. If any revisions are required as a result of rules adopted under this subsection (1)(m), those revisions shall be made within the time limits specified in RCW 43.21C.120.
(2) In exercising its powers, functions, and duties under this section, the department may:
(a) Consult with the state agencies and with representatives of science, industry, agriculture, labor, conservation organizations, state and local governments and other groups, as it deems advisable; and
(b) Utilize, to the fullest extent possible, the services, facilities, and information (including statistical information) of public and private agencies, organizations, and individuals, in order to avoid duplication of effort and expense, overlap, or conflict with similar activities authorized by law and performed by established agencies.
(3) Rules adopted pursuant to this section shall be subject to the review procedures of chapter 34.05 RCW ((34.05.538 and 34.05.240)).
Sec. 207. RCW 43.21C.900 and 1971 ex.s. c 109 s 7 are each amended to read as follows:
This chapter shall be known and may be cited as the "State Environmental Policy Act ((of 1971))" or "SEPA".
PART III - SHORELINE MANAGEMENT ACT
Sec. 301. RCW 90.58.020 and 1992 c 105 s 1 are each amended to read as follows:
The legislature finds that the shorelines of the state are among the most valuable and fragile of its natural resources and that there is great concern throughout the state relating to their utilization, protection, restoration, and preservation. In addition it finds that ever increasing pressures of additional uses are being placed on the shorelines necessitating increased coordination in the management and development of the shorelines of the state. The legislature further finds that much of the shorelines of the state and the uplands adjacent thereto are in private ownership; that unrestricted construction on the privately owned or publicly owned shorelines of the state is not in the best public interest; and therefore, coordinated planning is necessary in order to protect the public interest associated with the shorelines of the state while, at the same time, recognizing and protecting private property rights consistent with the public interest. There is, therefor, a clear and urgent demand for a planned, rational, and concerted effort, jointly performed by federal, state, and local governments, to prevent the inherent harm in an uncoordinated and piecemeal development of the state's shorelines.
It is the policy of the state to provide for the management of the shorelines of the state by planning for and fostering all reasonable and appropriate uses. This policy is designed to insure the development of these shorelines in a manner which, while allowing for limited reduction of rights of the public in the navigable waters, will promote and enhance the public interest. This policy contemplates protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life, while protecting generally public rights of navigation and corollary rights incidental thereto.
The legislature declares that the interest of all of the people shall be paramount in the management of shorelines of state-wide significance. The department, in adopting guidelines for shorelines of state-wide significance, and local government, in developing master programs for shorelines of state-wide significance, shall give preference to uses in the following order of preference which:
(1) Recognize and protect the state-wide interest over local interest;
(2) Preserve the natural character of the shoreline;
(3) Result in long term over short term benefit;
(4) Protect the resources and ecology of the shoreline;
(5) Increase public access to publicly owned areas of the shorelines;
(6) Increase recreational opportunities for the public in the shoreline;
(7) Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary.
In the implementation of this policy the public's opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally. To this end uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment, or are unique to or dependent upon use of the state's shoreline. Alterations of the natural condition of the shorelines of the state, in those limited instances when authorized, shall be given priority for single family residences and their appurtenant structures, ports, shoreline recreational uses including but not limited to parks, marinas, piers, and other improvements facilitating public access to shorelines of the state, industrial and commercial developments which are particularly dependent on their location on or use of the shorelines of the state and other development that will provide an opportunity for substantial numbers of the people to enjoy the shorelines of the state. Alterations of the natural condition of the shorelines and ((wetlands)) shorelands of the state shall be recognized by the department. Shorelines and ((wetlands)) shorelands of the state shall be appropriately classified and these classifications shall be revised when circumstances warrant regardless of whether the change in circumstances occurs through man-made causes or natural causes. Any areas resulting from alterations of the natural condition of the shorelines and ((wetlands)) shorelands of the state no longer meeting the definition of "shorelines of the state" shall not be subject to the provisions of chapter 90.58 RCW.
Permitted uses in the shorelines of the state shall be designed and conducted in a manner to minimize, insofar as practical, any resultant damage to the ecology and environment of the shoreline area and any interference with the public's use of the water.
Sec. 302. RCW 90.58.030 and 1987 c 474 s 1 are each amended to read as follows:
As used in this chapter, unless the context otherwise requires, the following definitions and concepts apply:
(1) Administration:
(a) "Department" means the department of ecology;
(b) "Director" means the director of the department of ecology;
(c) "Local government" means any county, incorporated city, or town which contains within its boundaries any lands or waters subject to this chapter;
(d) "Person" means an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of the state or local governmental unit however designated;
(e) "Hearing board" means the shoreline hearings board established by this chapter.
(2) Geographical:
(a) "Extreme low tide" means the lowest line on the land reached by a receding tide;
(b) "Ordinary high water mark" on all lakes, streams, and tidal water is that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the department: PROVIDED, That in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water;
(c) "Shorelines of the state" are the total of all "shorelines" and "shorelines of state-wide significance" within the state;
(d) "Shorelines" means all of the water areas of the state, including reservoirs, and their associated ((wetlands)) shorelands, together with the lands underlying them; except (i) shorelines of state-wide significance; (ii) shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the wetlands associated with such upstream segments; and (iii) shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes;
(e) "Shorelines of state-wide significance" means the following shorelines of the state:
(i) The area between the ordinary high water mark and the western boundary of the state from Cape Disappointment on the south to Cape Flattery on the north, including harbors, bays, estuaries, and inlets;
(ii) Those areas of Puget Sound and adjacent salt waters and the Strait of Juan de Fuca between the ordinary high water mark and the line of extreme low tide as follows:
(A) Nisqually Delta--from DeWolf Bight to Tatsolo Point,
(B) Birch Bay--from Point Whitehorn to Birch Point,
(C) Hood Canal--from Tala Point to Foulweather Bluff,
(D) Skagit Bay and adjacent area--from Brown Point to Yokeko Point, and
(E) Padilla Bay--from March Point to William Point;
(iii) Those areas of Puget Sound and the Strait of Juan de Fuca and adjacent salt waters north to the Canadian line and lying seaward from the line of extreme low tide;
(iv) Those lakes, whether natural, artificial, or a combination thereof, with a surface acreage of one thousand acres or more measured at the ordinary high water mark;
(v) Those natural rivers or segments thereof as follows:
(A) Any west of the crest of the Cascade range downstream of a point where the mean annual flow is measured at one thousand cubic feet per second or more,
(B) Any east of the crest of the Cascade range downstream of a point where the annual flow is measured at two hundred cubic feet per second or more, or those portions of rivers east of the crest of the Cascade range downstream from the first three hundred square miles of drainage area, whichever is longer;
(vi) Those ((wetlands)) shorelands associated with (i), (ii), (iv), and (v) of this subsection (2)(e);
(f) "((Wetlands)) Shorelands" or "((wetland)) shoreland areas" means those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet from such floodways; and all ((marshes, bogs, swamps,)) wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of this chapter; the same to be designated as to location by the department of ecology((: PROVIDED, That)). Any county or city may determine that portion of a one-hundred-year-flood plain to be included in its master program as long as such portion includes, as a minimum, the floodway and the adjacent land extending landward two hundred feet therefrom;
(g) "Floodway" means those portions of the area of a river valley lying streamward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually, said floodway being identified, under normal condition, by changes in surface soil conditions or changes in types or quality of vegetative ground cover condition. The floodway shall not include those lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state;
(h) "Wetlands" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands.
(3) Procedural terms:
(a) "Guidelines" means those standards adopted to implement the policy of this chapter for regulation of use of the shorelines of the state prior to adoption of master programs. Such standards shall also provide criteria to local governments and the department in developing master programs;
(b) "Master program" shall mean the comprehensive use plan for a described area, and the use regulations together with maps, diagrams, charts, or other descriptive material and text, a statement of desired goals, and standards developed in accordance with the policies enunciated in RCW 90.58.020;
(c) "State master program" is the cumulative total of all master programs approved or adopted by the department of ecology;
(d) "Development" means a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to this chapter at any state of water level;
(e) "Substantial development" shall mean any development of which the total cost or fair market value exceeds two thousand five hundred dollars, or any development which materially interferes with the normal public use of the water or shorelines of the state; except that the following shall not be considered substantial developments for the purpose of this chapter:
(i) Normal maintenance or repair of existing structures or developments, including damage by accident, fire, or elements;
(ii) Construction of the normal protective bulkhead common to single family residences;
(iii) Emergency construction necessary to protect property from damage by the elements;
(iv) Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on ((wetlands)) shorelands, and the construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities, and irrigation channels((: PROVIDED, That)). A feedlot of any size, all processing plants, other activities of a commercial nature, alteration of the contour of the ((wetlands)) shorelands by leveling or filling other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations;
(v) Construction or modification of navigational aids such as channel markers and anchor buoys;
(vi) Construction on ((wetlands)) shorelands by an owner, lessee, or contract purchaser of a single family residence for his own use or for the use of his family, which residence does not exceed a height of thirty-five feet above average grade level and which meets all requirements of the state agency or local government having jurisdiction thereof, other than requirements imposed pursuant to this chapter;
(vii) Construction of a dock, including a community dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of single and multiple family residences, the cost of which does not exceed two thousand five hundred dollars;
(viii) Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored ground water for the irrigation of lands;
(ix) The marking of property lines or corners on state owned lands, when such marking does not significantly interfere with normal public use of the surface of the water;
(x) Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on September 8, 1975, which were created, developed, or utilized primarily as a part of an agricultural drainage or diking system((;
(xi) Any action commenced prior to December 31, 1982, pertaining to (A) the restoration of interim transportation services as may be necessary as a consequence of the destruction of the Hood Canal bridge, including, but not limited to, improvements to highways, development of park and ride facilities, and development of ferry terminal facilities until a new or reconstructed Hood Canal bridge is open to traffic; and (B) the reconstruction of a permanent bridge at the site of the original Hood Canal bridge)).
Sec. 303. RCW 90.58.050 and 1971 ex.s. c 286 s 5 are each amended to read as follows:
This chapter establishes a cooperative program of shoreline management between local government and the state. Local government shall have the primary responsibility for initiating the planning required by this chapter and administering the regulatory program consistent with the policy and provisions of this chapter. The department shall act primarily in a supportive and review capacity with ((primary)) an emphasis on providing assistance to local government and on insuring compliance with the policy and provisions of this chapter.
Sec. 304. RCW 90.58.060 and 1971 ex.s. c 286 s 6 are each amended to read as follows:
(1) ((Within one hundred twenty days from June 1, 1971,)) The department shall ((submit to local governments proposed)) periodically review and adopt guidelines consistent with RCW 90.58.020, containing the elements specified in RCW 90.58.100 for:
(a) Development of master programs for regulation of the uses of shorelines; and
(b) Development of master programs for regulation of the uses of shorelines of state-wide significance.
(2) Before adopting or amending guidelines under this section, the department shall provide an opportunity for public review and comment as follows:
(a) The department shall mail copies of the proposal to all cities, counties, and federally recognized Indian tribes, and to any other person who has requested a copy, and shall publish the proposed guidelines in the Washington state register. Comments shall be submitted in writing to the department within sixty days from ((receipt of such proposed guidelines, local governments shall submit to the department in writing proposed changes, if any, and comments upon the proposed guidelines.
(3) Thereafter and within one hundred twenty days from the submission of such proposed guidelines to local governments, the department, after review and consideration of the comments and suggestions submitted to it, shall resubmit final proposed guidelines.
(4) Within sixty days thereafter public hearings shall be held by)) the date the proposal has been published in the register.
(b) The department ((in Olympia and Spokane, at which interested public and private parties shall have the opportunity)) shall hold at least four public hearings on the proposal in different locations throughout the state to provide a reasonable opportunity for residents in all parts of the state to present statements and views on the proposed guidelines. Notice of ((such)) the hearings shall be published at least once in each of the three weeks immediately preceding the hearing in one or more newspapers of general circulation in each county of the state. If an amendment to the guidelines addresses an issue limited to one geographic area, the number and location of hearings may be adjusted consistent with the intent of this subsection to assure all parties a reasonable opportunity to comment on the proposed amendment. The department shall accept written comments on the proposal during the sixty-day public comment period and for seven days after the final public hearing.
(c) At the conclusion of the public comment period, the department shall review the comments received and modify the proposal consistent with the provisions of this chapter. The proposal shall then be published for adoption pursuant to the provisions of chapter 34.05 RCW.
(((5) Within ninety days following such public hearings, the department at a public hearing to be held in Olympia shall adopt guidelines.)) (3) The department may propose amendments to the guidelines not more than once each year. At least once every five years the department shall conduct a review of the guidelines pursuant to the procedures outlined in subsection (2) of this section.
Sec. 305. RCW 90.58.080 and 1974 ex.s. c 61 s 1 are each amended to read as follows:
Local governments ((are directed with regard to shorelines of the state within their various jurisdictions as follows:
(1) To complete within eighteen months after June 1, 1971, a comprehensive inventory of such shorelines. Such inventory shall include but not be limited to the general ownership patterns of the lands located therein in terms of public and private ownership, a survey of the general natural characteristics thereof, present uses conducted therein and initial projected uses thereof;
(2) To)) shall develop or amend, within twenty-four months after the adoption of guidelines as provided in RCW 90.58.060, a master program for regulation of uses of the shorelines of the state consistent with the required elements of the guidelines adopted by the department.
Sec. 306. RCW 90.58.090 and 1971 ex.s. c 286 s 9 are each amended to read as follows:
(1) A master program((s or segments thereof)), segment of a master program, or an amendment to a master program shall become effective when ((adopted or)) approved by the department ((as appropriate)). Within the time period provided in RCW 90.58.080, each local government shall have submitted a master program, either totally or by segments, for all shorelines of the state within its jurisdiction to the department for review and approval.
(2) Upon receipt of a proposed master program or amendment, the department shall:
(a) Provide notice to and opportunity for written comment by all interested parties of record as a part of the local government review process for the proposal and to all persons, groups, and agencies that have requested in writing notice of proposed master programs or amendments generally or for a specific area, subject matter, or issue. The comment period shall be at least thirty days, unless the department determines that the level of complexity or controversy involved supports a shorter period;
(b) In the department's discretion, conduct a public hearing during the thirty-day comment period in the jurisdiction proposing the master program or amendment;
(c) Within fifteen days after the close of public comment, request the local government to review the issues identified by the public, interested parties, groups, and agencies and provide a written response as to how the proposal addresses the identified issues;
(d) Within thirty days after receipt of the local government response pursuant to (c) of this subsection, make written findings and conclusions regarding the consistency of the proposal with the policy of RCW 90.58.020 and the applicable guidelines, provide a response to the issues identified in (c) of this subsection, and either approve the proposal as submitted, recommend specific changes necessary to make the proposal approvable, or deny approval of the proposal in those instances where no alteration of the proposal appears likely to be consistent with the policy of RCW 90.58.020 and the applicable guidelines. The written findings and conclusions shall be provided to the local government, all interested persons, parties, groups, and agencies of record on the proposal;
(e) If the department recommends changes to the proposed master program or amendment, within thirty days after the department mails the written findings and conclusions to the local government, the local government may:
(i) Agree to the proposed changes. The receipt by the department of the written notice of agreement constitutes final action by the department approving the amendment; or
(ii) Submit an alternative proposal. If, in the opinion of the department, the alternative is consistent with the purpose and intent of the changes originally submitted by the department and with this chapter it shall approve the changes and provide written notice to all recipients of the written findings and conclusions. If the department determines the proposal is not consistent with the purpose and intent of the changes proposed by the department, the department may resubmit the proposal for public and agency review pursuant to this section or reject the proposal.
(((1) As to those segments of the master program relating to shorelines, they shall be approved by))
(3) The department shall approve the segment of a master program relating to shorelines unless it determines that the submitted segments are not consistent with the policy of RCW 90.58.020 and the applicable guidelines. ((If approval is denied, the department shall state within ninety days from the date of submission in detail the precise facts upon which that decision is based, and shall submit to the local government suggested modifications to the program to make it consistent with said policy and guidelines. The local government shall have ninety days after it receives recommendations from the department to make modifications designed to eliminate the inconsistencies and to resubmit the program to the department for approval. Any resubmitted program shall take effect when and in such form and content as is approved by the department.
(2) As to)) (4) The department shall approve those segments of the master program relating to shorelines of state-wide significance ((the department shall have full authority following review and evaluation of the submission by local government to develop and adopt an alternative to the local government's proposal if in the department's opinion the program submitted does not)) only after determining the program provides the optimum implementation of the policy of this chapter to satisfy the state-wide interest. ((If the submission by local government is not approved, the department shall suggest modifications to the local government within ninety days from receipt of the submission. The local government shall have ninety days after it receives said modifications to consider the same and resubmit a master program to the department. Thereafter, the department shall adopt the resubmitted program or, if the department determines that said program does not provide for optimum implementation, it may develop and adopt an alternative as hereinbefore provided.)) If the department does not approve a segment of a local government master program relating to a shoreline of state-wide significance, the department may develop and by rule adopt an alternative to the local government̓s proposal.
(((3))) (5) In the event a local government has not complied with the requirements of RCW 90.58.070 it may thereafter upon written notice to the department elect to adopt a master program for the shorelines within its jurisdiction, in which event it shall comply with the provisions established by this chapter for the adoption of a master program for such shorelines.
Upon approval of such master program by the department it shall supersede such master program as may have been adopted by the department for such shorelines.
(6) A master program or amendment to a master program takes effect when and in such form as approved or adopted by the department. The department shall maintain a record of each master program, the action taken on any proposal for adoption or amendment of the master program, and any appeal of the department's action. The department's approved document of record constitutes the official master program.
Sec. 307. RCW 90.58.100 and 1992 c 105 s 2 are each amended to read as follows:
(1) The master programs provided for in this chapter, when adopted ((and)) or approved by the department((, as appropriate,)) shall constitute use regulations for the various shorelines of the state. In preparing the master programs, and any amendments thereto, the department and local governments shall to the extent feasible:
(a) Utilize a systematic interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts;
(b) Consult with and obtain the comments of any federal, state, regional, or local agency having any special expertise with respect to any environmental impact;
(c) Consider all plans, studies, surveys, inventories, and systems of classification made or being made by federal, state, regional, or local agencies, by private individuals, or by organizations dealing with pertinent shorelines of the state;
(d) Conduct or support such further research, studies, surveys, and interviews as are deemed necessary;
(e) Utilize all available information regarding hydrology, geography, topography, ecology, economics, and other pertinent data;
(f) Employ, when feasible, all appropriate, modern scientific data processing and computer techniques to store, index, analyze, and manage the information gathered.
(2) The master programs shall include, when appropriate, the following:
(a) An economic development element for the location and design of industries, transportation facilities, port facilities, tourist facilities, commerce and other developments that are particularly dependent on their location on or use of the shorelines of the state;
(b) A public access element making provision for public access to publicly owned areas;
(c) A recreational element for the preservation and enlargement of recreational opportunities, including but not limited to parks, tidelands, beaches, and recreational areas;
(d) A circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and other public utilities and facilities, all correlated with the shoreline use element;
(e) A use element which considers the proposed general distribution and general location and extent of the use on shorelines and adjacent land areas for housing, business, industry, transportation, agriculture, natural resources, recreation, education, public buildings and grounds, and other categories of public and private uses of the land;
(f) A conservation element for the preservation of natural resources, including but not limited to scenic vistas, aesthetics, and vital estuarine areas for fisheries and wildlife protection;
(g) An historic, cultural, scientific, and educational element for the protection and restoration of buildings, sites, and areas having historic, cultural, scientific, or educational values;
(h) An element that gives consideration to the state-wide interest in the prevention and minimization of flood damages; and
(i) Any other element deemed appropriate or necessary to effectuate the policy of this chapter.
(3) The master programs shall include such map or maps, descriptive text, diagrams and charts, or other descriptive material as are necessary to provide for ease of understanding.
(4) Master programs will reflect that state-owned shorelines of the state are particularly adapted to providing wilderness beaches, ecological study areas, and other recreational activities for the public and will give appropriate special consideration to same.
(5) Each master program shall contain provisions to allow for the varying of the application of use regulations of the program, including provisions for permits for conditional uses and variances, to insure that strict implementation of a program will not create unnecessary hardships or thwart the policy enumerated in RCW 90.58.020. Any such varying shall be allowed only if extraordinary circumstances are shown and the public interest suffers no substantial detrimental effect. The concept of this subsection shall be incorporated in the rules adopted by the department relating to the establishment of a permit system as provided in RCW 90.58.140(3).
(6) Each master program shall contain standards governing the protection of single family residences and appurtenant structures against damage or loss due to shoreline erosion. The standards shall govern the issuance of substantial development permits for shoreline protection, including structural methods such as construction of bulkheads, and nonstructural methods of protection. The standards shall provide for methods which achieve effective and timely protection against loss or damage to single family residences and appurtenant structures due to shoreline erosion. The standards shall provide a preference for permit issuance for measures to protect single family residences occupied prior to January 1, 1992, where the proposed measure is designed to minimize harm to the shoreline natural environment.
Sec. 308. RCW 90.58.120 and 1989 c 175 s 182 are each amended to read as follows:
All rules, regulations, ((master programs,)) designations, and guidelines, issued by the department, and master programs and amendments adopted by the department pursuant to RCW 90.58.070(2) or 90.58.090(4) shall be adopted or approved in accordance with the provisions of RCW 34.05.310 through 34.05.395 insofar as such provisions are not inconsistent with the provisions of this chapter. In addition:
(1) Prior to the ((approval or)) adoption by the department of a master program, or portion thereof pursuant to RCW 90.58.070(2) or 90.58.090(4), at least one public hearing shall be held in each county affected by a program or portion thereof for the purpose of obtaining the views and comments of the public. Notice of each such hearing shall be published at least once in each of the three weeks immediately preceding the hearing in one or more newspapers of general circulation in the county in which the hearing is to be held.
(2) All guidelines, regulations, designations, or master programs adopted or approved under this chapter shall be available for public inspection at the office of the department or the appropriate county ((auditor)) and city ((clerk)). The terms "adopt" and "approve" for purposes of this section, shall include modifications and rescission of guidelines.
Sec. 309. RCW 90.58.140 and 1992 c 105 s 3 are each amended to read as follows:
(1) A development shall not be undertaken on the shorelines of the state unless it is consistent with the policy of this chapter and, after adoption or approval, as appropriate, the applicable guidelines, rules, or master program.
(2) A substantial development shall not be undertaken on shorelines of the state without first obtaining a permit from the government entity having administrative jurisdiction under this chapter.
A permit shall be granted:
(a) From June 1, 1971, until such time as an applicable master program has become effective, only when the development proposed is consistent with: (i) The policy of RCW 90.58.020; and (ii) after their adoption, the guidelines and rules of the department; and (iii) so far as can be ascertained, the master program being developed for the area;
(b) After adoption or approval, as appropriate, by the department of an applicable master program, only when the development proposed is consistent with the applicable master program and ((the provisions of)) this chapter ((90.58 RCW)).
(3) The local government shall establish a program, consistent with rules adopted by the department, for the administration and enforcement of the permit system provided in this section. The administration of the system so established shall be performed exclusively by the local government.
(4) Except as otherwise specifically provided in subsection (((13))) (11) of this section, the local government shall require notification of the public of all applications for permits governed by any permit system established pursuant to subsection (3) of this section by ensuring that((:
(a) A notice of such an application is published at least once a week on the same day of the week for two consecutive weeks in a legal newspaper of general circulation within the area in which the development is proposed; and
(b) Additional)) notice of ((such an)) the application is given by at least one of the following methods:
(((i))) (a) Mailing of the notice to the latest recorded real property owners as shown by the records of the county assessor within at least three hundred feet of the boundary of the property upon which the substantial development is proposed;
(((ii))) (b) Posting of the notice in a conspicuous manner on the property upon which the project is to be constructed; or
(((iii))) (c) Any other manner deemed appropriate by local authorities to accomplish the objectives of reasonable notice to adjacent landowners and the public.
The notices shall include a statement that any person desiring to submit written comments concerning an application, or desiring to receive ((a copy)) notification of the final ((order)) decision concerning an application as expeditiously as possible after the issuance of the ((order)) decision, may submit the comments or requests for ((orders)) decisions to the local government within thirty days of the last date the notice is to be published pursuant to ((subsection (a) of)) this subsection. The local government shall forward, in a timely manner following the issuance of ((an order)) a decision, a copy of the ((order)) decision to each person who submits a request for the ((order)) decision.
If a hearing is to be held on an application, notices of such a hearing shall include a statement that any person may submit oral or written comments on an application at the hearing.
(5) The system shall include provisions to assure that construction pursuant to a permit will not begin or be authorized until ((thirty)) twenty-one days from the date the ((final order)) permit decision was filed as provided in subsection (6) of this section; or until all review proceedings are terminated if the proceedings were initiated within ((thirty)) twenty-one days from the date of filing as defined in subsection (6) of this section except as follows:
(a) In the case of any permit issued to the state of Washington, department of transportation, for the construction and modification of SR 90 (I-90) on or adjacent to Lake Washington, the construction may begin after thirty days from the date of filing, and the permits are valid until December 31, 1995;
(b) Construction may be commenced no sooner than thirty days after the date of the appeal of the board's decision is filed if a permit is granted by the local government and (i) the granting of the permit is appealed to the shorelines hearings board within ((thirty)) twenty-one days of the date of filing, (ii) the hearings board approves the granting of the permit by the local government or approves a portion of the substantial development for which the local government issued the permit, and (iii) an appeal for judicial review of the hearings board decision is filed pursuant to chapter 34.05 RCW((, the permittee)). The appellant may request, within ten days of the filing of the appeal with the court, a hearing before the court to determine whether construction ((may begin)) pursuant to the permit approved by the hearings board or to a revised permit issued pursuant to the order of the hearings board should not commence. If, at the conclusion of the hearing, the court finds that construction pursuant to such a permit would ((not)) involve a significant, irreversible damaging of the environment, the court ((may allow)) shall prohibit the permittee ((to begin)) from commencing the construction pursuant to the approved or revised permit ((as the court deems appropriate. The court may require the permittee to post bonds, in the name of the local government that issued the permit, sufficient to remove the substantial development or to restore the environment if the permit is ultimately disapproved by the courts, or to alter the substantial development if the alteration is ultimately ordered by the courts)) until all review proceedings are final. Construction pursuant to a permit revised at the direction of the hearings board may begin only on that portion of the substantial development for which the local government had originally issued the permit, and construction pursuant to such a revised permit on other portions of the substantial development may not begin until after all review proceedings are terminated. In such a hearing before the court, the burden of proving whether the construction may involve significant irreversible damage to the environment and demonstrating whether such construction would or would not be appropriate is on the appellant;
(c) ((If a permit is granted by the local government and the granting of the permit is appealed directly to the superior court for judicial review pursuant to the proviso in RCW 90.58.180(1), the permittee may request the court to remand the appeal to the shorelines hearings board, in which case the appeal shall be so remanded and construction pursuant to such a permit shall be governed by the provisions of subsection (b) of this subsection or may otherwise begin after review proceedings before the hearings board are terminated if judicial review is not thereafter requested pursuant to chapter 34.05 RCW;
(d))) If the permit is for a substantial development meeting the requirements of subsection (((13))) (11) of this section, construction pursuant to that permit may not begin or be authorized until ((thirty)) twenty-one days from the date the ((final order)) permit decision was filed as provided in subsection (6) of this section.
If a permittee begins construction pursuant to subsections (a), (b), or (c)((, or (d))) of this subsection, the construction is begun at the permittee's own risk. If, as a result of judicial review, the courts order the removal of any portion of the construction or the restoration of any portion of the environment involved or require the alteration of any portion of a substantial development constructed pursuant to a permit, the permittee is barred from recovering damages or costs involved in adhering to such requirements from the local government that granted the permit, the hearings board, or any appellant or intervener.
(6) Any ((ruling)) decision on an application for a permit under the authority of this section, whether it is an approval or a denial, shall, concurrently with the transmittal of the ruling to the applicant, be filed with the department and the attorney general. With regard to a permit other than a permit governed by subsection (((12))) (10) of this section, "date of filing" as used herein means the date of actual receipt by the department. With regard to a permit for a variance or a conditional use, "date of filing" means the date a decision of the department rendered on the permit pursuant to subsection (((12))) (10) of this section is transmitted by the department to the local government. The department shall notify in writing the local government and the applicant of the date of filing.
(7) Applicants for permits under this section have the burden of proving that a proposed substantial development is consistent with the criteria that must be met before a permit is granted. In any review of the granting or denial of an application for a permit as provided in RCW 90.58.180 (1) and (2), the person requesting the review has the burden of proof.
(8) Any permit may, after a hearing with adequate notice to the permittee and the public, be rescinded by the issuing authority upon the finding that a permittee has not complied with conditions of a permit. If the department is of the opinion that noncompliance exists, the department shall provide written notice to the local government and the permittee. If the department is of the opinion that the noncompliance continues to exist thirty days after the date of the notice, and the local government has taken no action to rescind the permit, the department may petition the hearings board for a rescission of the permit upon written notice of the petition to the local government and the permittee if the request by the department is made to the hearings board within fifteen days of the termination of the thirty-day notice to the local government.
(9) The holder of a certification from the governor pursuant to chapter 80.50 RCW shall not be required to obtain a permit under this section.
(10) ((A permit shall not be required for any development on shorelines of the state included within a preliminary or final plat approved by the applicable state agency or local government before April 1, 1971, if:
(a) The final plat was approved after April 13, 1961, or the preliminary plat was approved after April 30, 1969; and
(b) The development is completed within two years after June 1, 1971.
(11) The applicable state agency or local government is authorized to approve a final plat with respect to shorelines of the state included within a preliminary plat approved after April 30, 1969, and before April 1, 1971: PROVIDED, That any substantial development within the platted shorelines of the state is authorized by a permit granted pursuant to this section, or does not require a permit as provided in subsection (10) of this section, or does not require a permit because of substantial development occurred before June 1, 1971.
(12))) Any permit for a variance or a conditional use by local government under approved master programs must be submitted to the department for its approval or disapproval.
(((13))) (11)(a) An application for a substantial development permit for a limited utility extension or for the construction of a bulkhead or other measures to protect a single family residence and its appurtenant structures from shoreline erosion shall be subject to the following procedures:
(i) The public comment period under subsection (4) of this section shall be twenty days. The notice provided under subsection (4) of this section shall state the manner in which the public may obtain a copy of the local government decision on the application no later than two days following its issuance;
(ii) The local government shall issue its decision to grant or deny the permit within twenty-one days of the last day of the comment period specified in (i) of this subsection; and
(iii) If there is an appeal of the decision to grant or deny the permit to the local government legislative authority, the appeal shall be finally determined by the legislative authority within thirty days.
(b) For purposes of this section, a limited utility extension means the extension of a utility service that:
(i) Is categorically exempt under chapter 43.21C RCW for one or more of the following: Natural gas, electricity, telephone, water, or sewer;
(ii) Will serve an existing use in compliance with this chapter; and
(iii) Will not extend more than twenty-five hundred linear feet within the shorelines of the state.
Sec. 310. RCW 90.58.180 and 1994 c 253 s 3 are each amended to read as follows:
(1) Any person aggrieved by the granting, denying, or rescinding of a permit on shorelines of the state pursuant to RCW 90.58.140 may seek review from the shorelines hearings board by filing a ((request for the same)) petition for review within ((thirty)) twenty-one days of the date of filing as defined in RCW 90.58.140(6).
((Concurrently with)) Within seven days of the filing of any ((request)) petition for review with the board as provided in this section pertaining to a final ((order)) decision of a local government, the ((requestor)) petitioner shall ((file a copy)) serve copies of ((his or her request with)) the petition on the department and the office of the attorney general. ((If it appears to the department or the attorney general that the requestor has valid reasons to seek review, either the department or the attorney general may certify the request within thirty days after its receipt to the shorelines hearings board following which the board shall then, but not otherwise, review the matter covered by the requestor. The failure to obtain such certification shall not preclude the requestor from obtaining a review in the superior court under any right to review otherwise available to the requestor.)) The department and the attorney general may intervene to protect the public interest and insure that the provisions of this chapter are complied with at any time within fifteen days from the date of the receipt by the department or the attorney general of a copy of the ((request)) petition for review filed pursuant to this section. The shorelines hearings board shall ((initially)) schedule review proceedings on ((such requests)) the petition for review without regard as to whether ((such requests have or have not been certified or as to whether)) the period for the department or the attorney general to intervene has or has not expired((, unless such review is to begin within thirty days of such scheduling. If at the end of the thirty day period for certification neither the department nor the attorney general has certified a request for review, the hearings board shall remove the request from its review schedule)).
(2) The department or the attorney general may obtain review of any final ((order)) decision granting a permit, or granting or denying an application for a permit issued by a local government by filing a written ((request)) petition with the shorelines hearings board and the appropriate local government within ((thirty)) twenty-one days from the date the final ((order)) decision was filed as provided in RCW 90.58.140(6).
(3) The review proceedings authorized in subsections (1) and (2) of this section are subject to the provisions of chapter 34.05 RCW pertaining to procedures in adjudicative proceedings. Judicial review of such proceedings of the shorelines hearings board is governed by chapter 34.05 RCW. The board shall issue its decision on the appeal authorized under subsections (1) and (2) of this section within one hundred eighty days after the date the petition is filed with the board or a petition to intervene is filed by the department or the attorney general, whichever is later. The time period may be extended by the board for a period of thirty days upon a showing of good cause or may be waived by the parties.
(4) ((A local government may appeal to the shorelines hearings board)) Any person may appeal any rules, regulations, or guidelines adopted or approved by the department within thirty days of the date of the adoption or approval. The board shall make a final decision within sixty days following the hearing held thereon.
((If the board)) (5) The board shall find the rule, regulation, or guideline to be valid and enter a final decision to that effect unless it determines that the rule, regulation, or guideline:
(a) Is clearly erroneous in light of the policy of this chapter; or
(b) Constitutes an implementation of this chapter in violation of constitutional or statutory provisions; or
(c) Is arbitrary and capricious; or
(d) Was developed without fully considering and evaluating all material submitted to the department ((by the local government)) during public review and comment; or
(e) Was not adopted in accordance with required procedures((;)).
(6) If the board makes a determination under subsection (5) (a) through (e) of this section, it shall enter a final decision declaring the rule, regulation, or guideline invalid, remanding the rule, regulation, or guideline to the department with a statement of the reasons in support of the determination, and directing the department to adopt, after a thorough consultation with the affected local government and any other interested party, a new rule, regulation, or guideline consistent with the board's decision. ((Unless the board makes one or more of the determinations as hereinbefore provided, the board shall find the rule, regulation, or guideline to be valid and enter a final decision to that effect.
(5) Rules, regulations, and guidelines)) (7) A decision of the board on the validity of a rule, regulation, or guideline shall be subject to review in superior court, if authorized pursuant to ((RCW 34.05.570(2). No review shall be granted by a superior court on petition from a local government unless the local government shall first have obtained review under subsection (4) of this section and the petition for court review is)) chapter 34.05 RCW. A petition for review of the decision of the shorelines hearings board on a rule, regulation, or guideline shall be filed within ((three months)) thirty days after the date of final decision by the shorelines hearings board.
Sec. 311. RCW 90.58.190 and 1989 c 175 s 184 are each amended to read as follows:
(1) ((The department and each local government shall periodically review any master programs under its jurisdiction and make such adjustments thereto as are necessary. Any adjustments proposed by a local government to its master program shall be forwarded to the department for review. The department shall approve, reject, or propose modification to the adjustment. If the department either rejects or proposes modification to the master program adjustment, it shall provide substantive written comments as to why the proposal is being rejected or modified.)) The appeal of the department̓s decision to adopt a master program or amendment pursuant to RCW 90.58.070(2) or 90.58.090(4) is governed by RCW 34.05.510 through 34.05.598.
(2)(a) The department's decision to approve, reject, or modify a proposed master program or amendment adopted by a local government planning under RCW 36.70A.040 shall be appealed to the growth management hearings board with jurisdiction over the local government. The appeal shall be initiated by filing a petition as provided in RCW 36.70A.250 through 36.70A.320.
(b) If the appeal to the growth management hearings board concerns shorelines, the growth management hearings board shall review the proposed master program or amendment for compliance with the requirements of this chapter and chapter 36.70A RCW, the policy of RCW 90.58.020 and the applicable guidelines, and chapter 43.21C RCW as it relates to the adoption of master programs and amendments under chapter 90.58 RCW.
(c) If the appeal to the growth management hearings board concerns a shoreline of state-wide significance, the board shall uphold the decision by the department unless the board, by clear and convincing evidence, determines that the decision of the department is inconsistent with the policy of RCW 90.58.020 and the applicable guidelines.
(d) The appellant has the burden of proof in all appeals to the growth management hearings board under this subsection.
(e) Any party aggrieved by a final decision of a growth management hearings board under this subsection may appeal the decision to superior court as provided in RCW 36.70A.300.
((Any local government aggrieved by)) (3)(a) The department's decision to approve, reject, or modify a proposed master program or master program ((adjustment may appeal the department's decision)) amendment by a local government not planning under RCW 36.70A.040 shall be appealed to the shorelines hearings board by filing a petition within thirty days of the date of the department̓s written notice to the local government of the department̓s decision to approve, reject, or modify a proposed master program or master program amendment as provided in RCW 90.58.090(2).
(b) In an appeal relating to shorelines, the shorelines hearings board shall review the proposed master program or master program ((adjustment)) amendment and, after full consideration of the presentations of the local government and the department, shall determine the validity of the local government's ((adjustment)) master program or amendment in light of the policy of RCW 90.58.020 and the applicable guidelines.
(c) In an appeal relating to shorelines of state-wide significance, the shorelines hearings board shall uphold the decision by the department unless ((a local government shall)) the board determines, by clear and convincing evidence ((and argument, persuade the board)) that the decision of the department is inconsistent with the policy of RCW 90.58.020 and the applicable guidelines.
(d) Review by the shorelines hearings board shall be considered an adjudicative proceeding under chapter 34.05 RCW, the Administrative Procedure Act. The aggrieved local government shall have the burden of proof in all such reviews.
(e) Whenever possible, the review by the shorelines hearings board shall be heard within the county where the land subject to the proposed master program or master program ((adjustment)) amendment is primarily located. The department and any local government aggrieved by a final decision of the hearings board may appeal the decision to ((the)) superior court ((of Thurston county)) as provided in chapter 34.05 RCW.
(((3))) (4) A master program amendment shall become effective after the approval of the department or after the decision of the shorelines hearings board to uphold the master program or master program ((adjustment)) amendment, provided that the board may remand the master program or master program adjustment to the local government or the department for modification prior to the final adoption of the master program or master program ((adjustment)) amendment.
Sec. 312. RCW 34.05.461 and 1989 c 175 s 19 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section:
(a) If the presiding officer is the agency head or one or more members of the agency head, the presiding officer may enter an initial order if further review is available within the agency, or a final order if further review is not available;
(b) If the presiding officer is a person designated by the agency to make the final decision and enter the final order, the presiding officer shall enter a final order; and
(c) If the presiding officer is one or more administrative law judges, the presiding officer shall enter an initial order.
(2) With respect to agencies exempt from chapter 34.12 RCW or an institution of higher education, the presiding officer shall transmit a full and complete record of the proceedings, including such comments upon demeanor of witnesses as the presiding officer deems relevant, to each agency official who is to enter a final or initial order after considering the record and evidence so transmitted.
(3) Initial and final orders shall include a statement of findings and conclusions, and the reasons and basis therefor, on all the material issues of fact, law, or discretion presented on the record, including the remedy or sanction and, if applicable, the action taken on a petition for a stay of effectiveness. Any findings based substantially on credibility of evidence or demeanor of witnesses shall be so identified. Findings set forth in language that is essentially a repetition or paraphrase of the relevant provision of law shall be accompanied by a concise and explicit statement of the underlying evidence of record to support the findings. The order shall also include a statement of the available procedures and time limits for seeking reconsideration or other administrative relief. An initial order shall include a statement of any circumstances under which the initial order, without further notice, may become a final order.
(4) Findings of fact shall be based exclusively on the evidence of record in the adjudicative proceeding and on matters officially noticed in that proceeding. Findings shall be based on the kind of evidence on which reasonably prudent persons are accustomed to rely in the conduct of their affairs. Findings may be based on such evidence even if it would be inadmissible in a civil trial. However, the presiding officer shall not base a finding exclusively on such inadmissible evidence unless the presiding officer determines that doing so would not unduly abridge the parties' opportunities to confront witnesses and rebut evidence. The basis for this determination shall appear in the order.
(5) Where it bears on the issues presented, the agency's experience, technical competency, and specialized knowledge may be used in the evaluation of evidence.
(6) If a person serving or designated to serve as presiding officer becomes unavailable for any reason before entry of the order, a substitute presiding officer shall be appointed as provided in RCW 34.05.425. The substitute presiding officer shall use any existing record and may conduct any further proceedings appropriate in the interests of justice.
(7) The presiding officer may allow the parties a designated time after conclusion of the hearing for the submission of memos, briefs, or proposed findings.
(8)(a) Except as otherwise provided in (b) of this subsection, initial or final orders shall be served in writing within ninety days after conclusion of the hearing or after submission of memos, briefs, or proposed findings in accordance with subsection (7) of this section unless this period is waived or extended for good cause shown.
(b) This subsection does not apply to the final order of the shorelines hearings board on appeal under RCW 90.58.180(3).
(9) The presiding officer shall cause copies of the order to be served on each party and the agency.
NEW SECTION. Sec. 313. RCW 90.58.145 and 1979 ex.s. c 84 s 4 are each repealed.
PART IV - LOCAL PERMIT PROCESS
NEW SECTION. Sec. 401. The legislature finds and declares the following:
(1) As the number of environmental laws and development regulations has increased for land uses and development, so has the number of required local land use permits, each with its own separate approval process.
(2) The increasing number of local and state land use permits and separate environmental review processes required by agencies has generated continuing potential for conflict, overlap, and duplication between the various permit and review processes.
(3) This regulatory burden has significantly added to the cost and time needed to obtain local and state land use permits and has made it difficult for the public to know how and when to provide timely comments on land use proposals that require multiple permits and have separate environmental review processes.
NEW SECTION. Sec. 402. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Closed record appeal" means an administrative appeal on the record to a local government body or officer, including the legislative body, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed.
(2) "Local government" means a county, city, or town.
(3) "Open record hearing" means a hearing, conducted by a single hearing body or officer authorized by the local government to conduct such hearings, that creates the local government's record through testimony and submission of evidence and information, under procedures prescribed by the local government by ordinance or resolution. An open record hearing may be held prior to a local government's decision on a project permit to be known as an "open record predecision hearing." An open record hearing may be held on an appeal, to be known as an "open record appeal hearing," if no open record predecision hearing has been held on the project permit.
(4) "Project permit" or "project permit application" means any land use or environmental permit or license required from a local government for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this subsection.
(5) "Public meeting" means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the local government̓s decision. A public meeting may include, but is not limited to, a design review or architectural control board meeting, a special review district or community council meeting, or a scoping meeting on a draft environmental impact statement. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the local government̓s project permit application file.
NEW SECTION. Sec. 403. In enacting sections 404 and 405 of this act, the legislature intends to establish a mechanism for implementing the provisions of chapter 36.70A RCW regarding compliance, conformity, and consistency of proposed projects with adopted comprehensive plans and development regulations. In order to achieve this purpose the legislature finds that:
(1) Given the extensive investment that public agencies and a broad spectrum of the public are making and will continue to make in comprehensive plans and development regulations for their communities, it is essential that project review start from the fundamental land use planning choices made in these plans and regulations. If the applicable regulations or plans identify the type of land use, specify residential density in urban growth areas, and identify and provide for funding of public facilities needed to serve the proposed development and site, these decisions at a minimum provide the foundation for further project review unless there is a question of code interpretation. The project review process, including the environmental review process under chapter 43.21C RCW and the consideration of consistency, should start from this point and should not reanalyze these land use planning decisions in making a permit decision.
(2) Comprehensive plans and development regulations adopted by local governments under chapter 36.70A RCW and environmental laws and rules adopted by the state and federal government have addressed a wide range of environmental subjects and impacts. These provisions typically require environmental studies and contain specific standards to address various impacts associated with a proposed development, such as building size and location, drainage, transportation requirements, and protection of critical areas. When a permitting agency applies these existing requirements to a proposed project, some or all of a project's potential environmental impacts will be avoided or otherwise mitigated. Through the integrated project review process described in subsection (1) of this section, the local government will determine whether existing requirements, including the applicable regulations or plans, adequately analyze and address a project's environmental impacts. Section 202 of this act provides that project review should not require additional studies or mitigation under chapter 43.21C RCW where existing regulations have adequately addressed a proposed project's probable specific adverse environmental impacts.
(3) Given the hundreds of jurisdictions and agencies in the state and the numerous communities and applicants affected by development regulations and comprehensive plans adopted under chapter 36.70A RCW, it is essential to establish a uniform framework for considering the consistency of a proposed project with the applicable regulations or plan. Consistency should be determined in the project review process by considering four factors found in applicable regulations or plans: The type of land use allowed; the level of development allowed, such as units per acre or other measures of density; infrastructure, such as the adequacy of public facilities and services to serve the proposed project; and the character of the proposed development, such as compliance with specific development standards. This uniform approach corresponds to existing project review practices and will not place a burden on applicants or local government. The legislature intends that this approach should be largely a matter of checking compliance with existing requirements for most projects, which are simple or routine, while more complex projects may require more analysis. Sections 202 and 404 of this act establish this uniform framework and also direct state agencies to consult with local government and the public to develop a better format than the current environmental checklist to meet this objective.
(4) When an applicant applies for a project permit, consistency between the proposed project and applicable regulations or plan should be determined through a project review process that integrates land use and environmental impact analysis, so that governmental and public review of the proposed project as required by this chapter, by development regulations under chapter 36.70A RCW, and by the environmental process under chapter 43.21C RCW run concurrently and not separately.
(5) Sections 404 and 405 of this act address three related needs with respect to how the project review process should address consistency between a proposed project and the applicable regulations or plan:
(a) A uniform framework for the meaning of consistency;
(b) An emphasis on relying on existing requirements and adopted standards, with the use of supplemental authority as specified by chapter 43.21C RCW to the extent that existing requirements do not adequately address a project's specific probable adverse environmental impacts; and
(c) The identification of three basic land use planning choices made in applicable regulations or plans that, at a minimum, serve as a foundation for project review and that should not be reanalyzed during project permitting.
NEW SECTION. Sec. 404. (1) Fundamental land use planning choices made in adopted comprehensive plans and development regulations shall serve as the foundation for project review. The review of a proposed project's consistency with applicable development regulations, or in the absence of applicable regulations the adopted comprehensive plan, under section 405 of this act shall incorporate the determinations under this section.
(2) During project review, a local government or any subsequent reviewing body shall determine whether the items listed in this subsection are defined in the development regulations applicable to the proposed project or, in the absence of applicable regulations the adopted comprehensive plan. At a minimum, such applicable regulations or plans shall be determinative of the:
(a) Type of land use permitted at the site, including uses that may be allowed under certain circumstances, such as planned unit developments and conditional and special uses, if the criteria for their approval have been satisfied;
(b) Density of residential development in urban growth areas; and
(c) Availability and adequacy of public facilities identified in the comprehensive plan, if the plan or development regulations provide for funding of these facilities as required by chapter 36.70A RCW.
(3) During project review, the local government or any subsequent reviewing body shall not reexamine alternatives to or hear appeals on the items identified in subsection (2) of this section, except for issues of code interpretation. As part of its project review process, a local government shall provide a procedure for obtaining a code interpretation as provided in section 415 of this act.
(4) Pursuant to section 202 of this act, a local government may determine that the requirements for environmental analysis and mitigation measures in development regulations and other applicable laws provide adequate mitigation for some or all of the project's specific adverse environmental impacts to which the requirements apply.
(5) Nothing in this section limits the authority of a permitting agency to approve, condition, or deny a project as provided in its development regulations adopted under chapter 36.70A RCW and in its policies adopted under RCW 43.21C.060. Project review shall be used to identify specific project design and conditions relating to the character of development, such as the details of site plans, curb cuts, drainage swales, transportation demand management, the payment of impact fees, or other measures to mitigate a proposal's probable adverse environmental impacts, if applicable.
(6) Subsections (1) through (4) of this section apply only to local governments planning under RCW 36.70A.040.
NEW SECTION. Sec. 405. (1) A proposed project's consistency with a local government's development regulations adopted under chapter 36.70A RCW, or, in the absence of applicable development regulations, the appropriate elements of the comprehensive plan or subarea plan adopted under chapter 36.70A RCW shall be determined by consideration of:
(a) The type of land use;
(b) The level of development, such as units per acre or other measures of density;
(c) Infrastructure, including public facilities and services needed to serve the development; and
(d) The character of the development, such as development standards.
(2) In determining consistency, the determinations made pursuant to section 404(2) of this act shall be controlling.
(3) For purposes of this section, the term "consistency" shall include all terms used in this chapter and chapter 36.70A RCW to refer to performance in accordance with this chapter and chapter 36.70A RCW, including but not limited to compliance, conformity, and consistency.
(4) Nothing in this section requires documentation, dictates an agency's procedures for considering consistency, or limits a unit of government from asking more specific or related questions with respect to any of the four main categories listed in subsection (1) (a) through (d) of this section.
NEW SECTION. Sec. 406. Not later than March 31, 1996, each local government shall provide by ordinance or resolution for review of project permit applications to achieve the following objectives:
(1) Combine the environmental review process, both procedural and substantive, with the procedure for review of project permits; and
(2) Except for the appeal of a determination of significance as provided in RCW 43.21C.075, provide for no more than one open record hearing and one closed record appeal.
NEW SECTION. Sec. 407. Not later than March 31, 1996, each local government planning under RCW 36.70A.040 shall establish by ordinance or resolution an integrated and consolidated project permit process that may be included in its development regulations. In addition to the elements required by section 406 of this act, the process shall include the following elements:
(1) A determination of completeness to the applicant as required by RCW 36.70A.440 (as recodified by this act);
(2) A notice of application to the public and agencies with jurisdiction as required by section 415 of this act;
(3) Except as provided in section 418 of this act, an optional consolidated project permit review process as provided in section 416 of this act. The review process shall provide for no more than one consolidated open record hearing and one closed record appeal. If an open record predecision hearing is provided prior to the decision on a project permit, the process shall not allow a subsequent open record appeal hearing;
(4) Provision allowing for any public meeting or required open record hearing to be combined with any public meeting or open record hearing that may be held on the project by another local, state, regional, federal, or other agency, in accordance with provisions of sections 413 and 415 of this act;
(5) A single report stating all the decisions made as of the date of the report on all project permits included in the consolidated permit process that do not require an open record predecision hearing and any recommendations on project permits that do not require an open record predecision hearing. The report shall state any mitigation required or proposed under the development regulations or the agency's authority under RCW 43.21C.060. The report may be the local permit. If a threshold determination other than a determination of significance has not been issued previously by the local government, the report shall include or append this determination.
(6) Except for the appeal of a determination of significance as provided in RCW 43.21C.075, if a local government elects to provide an appeal of its threshold determinations or project permit decisions, the local government shall provide for no more than one consolidated open record hearing on such appeal. The local government need not provide for any further appeal and may provide an appeal for some but not all project permit decisions. If an appeal is provided after the open record hearing, it shall be a closed record appeal before a single decision-making body or officer;
(7) A notice of decision as required by section 417 of this act and issued within the time period provided in RCW 36.70A.065 (as recodified by this act) and section 413 of this act;
(8) Completion of project review by the local government, including environmental review and public review and any appeals to the local government, within any applicable time periods under section 413 of this act; and
(9) Any other provisions not inconsistent with the requirements of this chapter or chapter 43.21C RCW.
Sec. 408. RCW 36.70A.440 and 1994 c 257 s 4 are each amended to read as follows:
((Each city and county)) (1) Within twenty-eight days after receiving a project permit application, a local government planning pursuant to RCW 36.70A.040 shall((, within twenty working days of receiving a development permit application as defined in RCW 36.70A.030(7),)) mail or provide in person a written ((notice)) determination to the applicant, stating either:
(a) That the application is complete; or
(b) That the application is incomplete and what is necessary to make the application complete.
To the extent known by the ((city or county)) local government, the ((notice)) local government shall identify other agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application.
(2) A project permit application is complete for purposes of this section when it meets the procedural submission requirements of the local government and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the local government from requesting additional information or studies either at the time of the notice of completeness or subsequently if new information is required or substantial changes in the proposed action occur.
(3) The determination of completeness may include the following as optional information:
(a) A preliminary determination of those development regulations that will be used for project mitigation;
(b) A preliminary determination of consistency, as provided under section 405 of this act; or
(c) Other information the local government chooses to include.
(4)(a) An application shall be deemed complete under this section if the local government does not provide a written determination to the applicant that the application is incomplete as provided in subsection (1)(b) of this section.
(b) Within fourteen days after an applicant has submitted to a local government additional information identified by the local government as being necessary for a complete application, the local government shall notify the applicant whether the application is complete or what additional information is necessary.
Sec. 409. RCW 36.70A.065 and 1994 c 257 s 3 are each amended to read as follows:
Development regulations adopted pursuant to RCW 36.70A.040 shall establish time periods consistent with section 413 of this act for local government actions on specific ((development)) project permit applications and provide timely and predictable procedures to determine whether a completed ((development)) project permit application meets the requirements of those development regulations. Such development regulations shall specify the contents of a completed ((development)) project permit application necessary for the application of such time periods and procedures.
Sec. 410. RCW 36.70A.065 and 1994 c 257 s 3 are each amended to read as follows:
Development regulations adopted pursuant to RCW 36.70A.040 shall establish time periods for local government actions on specific ((development)) project permit applications and provide timely and predictable procedures to determine whether a completed ((development)) project permit application meets the requirements of those development regulations. Such development regulations shall specify the contents of a completed ((development)) project permit application necessary for the application of such time periods and procedures.
NEW SECTION. Sec. 411. The amendments to RCW 36.70A.065 contained in section 409 of this act shall expire July 1, 1998.
NEW SECTION. Sec. 412. Section 410 of this act shall take effect July 1, 1998.
NEW SECTION. Sec. 413. (1) Except as otherwise provided in subsection (2) of this section, a local government planning under RCW 36.70A.040 shall issue its notice of final decision on a project permit application within one hundred twenty days after the local government notifies the applicant that the application is complete, as provided in RCW 36.70A.440 (as recodified by this act). In determining the number of days that have elapsed after the local government has notified the applicant that the application is complete, the following periods shall be excluded:
(a)(i) Any period during which the applicant has been requested by the local government to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date the local government notifies the applicant of the need for additional information until the earlier of the date the local government determines whether the additional information satisfies the request for information or fourteen days after the date the information has been provided to the local government.
(ii) If the local government determines that the information submitted by the applicant under (a)(i) of this subsection is insufficient, it shall notify the applicant of the deficiencies and the procedures under (a)(i) of this subsection shall apply as if a new request for studies had been made;
(b) Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to chapter 43.21C RCW, if the local government by ordinance or resolution has established time periods for completion of environmental impact statements, or if the local government and the applicant in writing agree to a time period for completion of an environmental impact statement;
(c) Any period for administrative appeals of project permits, if an open record appeal hearing or a closed record appeal, or both, are allowed. The local government by ordinance or resolution shall establish a time period to consider and decide such appeals. The time period shall not exceed: (i) Ninety days for an open record appeal hearing; and (ii) sixty days for a closed record appeal. The parties to an appeal may agree to extend these time periods; and
(d) Any extension of time mutually agreed upon by the applicant and the local government.
(2) The time limits established by subsection (1) of this section do not apply if a project permit application:
(a) Requires an amendment to the comprehensive plan or a development regulation;
(b) Requires approval of a new fully contained community as provided in RCW 36.70A.350, a master planned resort as provided in RCW 36.70A.360, or the siting of an essential public facility as provided in RCW 36.70A.200; or
(c) Is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete under RCW 36.70A.440 (as recodified by this act).
(3) If the local government is unable to issue its final decision within the time limits provided for in this section, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of final decision.
(4) This section shall apply to project permit applications filed on or after April 1, 1996.
NEW SECTION. Sec. 414. A local government may require the applicant for a project permit to designate a single person or entity to receive determinations and notices required by this chapter.
NEW SECTION. Sec. 415. (1) Not later than April 1, 1996, a local government planning under RCW 36.70A.040 shall provide a notice of application to the public and the departments and agencies with jurisdiction as provided in this section. If a local government has made a determination of significance under chapter 43.21C RCW concurrently with the notice of application, the notice of application shall be combined with the determination of significance and scoping notice. Nothing in this section prevents a determination of significance and scoping notice from being issued prior to the notice of application.
(2) The notice of application shall be provided within fourteen days after the determination of completeness as provided in RCW 36.70A.440 (as recodified by this act) and include the following in whatever sequence or format the local government deems appropriate:
(a) The date of application, the date of the notice of completion for the application, and the date of the notice of application;
(b) A description of the proposed project action and a list of the project permits included in the application and, if applicable, a list of any studies requested under RCW 36.70A.440 (as recodified by this act) or section 413 of this act;
(c) The identification of other permits not included in the application to the extent known by the local government;
(d) The identification of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing the notice of application, such as a city land use bulletin, the location where the application and any studies can be reviewed;
(e) A statement of the public comment period, which shall be not less than fourteen nor more than thirty days following the date of notice of application, and statements of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights. A local government may accept public comments at any time prior to the closing of the record of an open record predecision hearing, if any, or, if no open record predecision hearing is provided, prior to the decision on the project permit;
(f) The date, time, place, and type of hearing, if applicable and scheduled at the date of notice of the application;
(g) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency as provided in section 405 of this act; and
(h) Any other information determined appropriate by the local government.
(3) If an open record predecision hearing is required for the requested project permits, the notice of application shall be provided at least fifteen days prior to the open record hearing.
(4) A local government shall use reasonable methods to give the notice of application to the public and agencies with jurisdiction and may use its existing notice procedures. A local government may use different types of notice for different categories of project permits or types of project actions. If a local government by resolution or ordinance does not specify its method of public notice, the local government shall use the methods provided for in (a) and (b) of this subsection. Examples of reasonable methods to inform the public are:
(a) Posting the property for site-specific proposals;
(b) Publishing notice, including at least the project location, description, type of permit(s) required, comment period dates, and location where the complete application may be reviewed, in the newspaper of general circulation in the general area where the proposal is located or in a local land use newsletter published by the local government;
(c) Notifying public or private groups with known interest in a certain proposal or in the type of proposal being considered;
(d) Notifying the news media;
(e) Placing notices in appropriate regional or neighborhood newspapers or trade journals;
(f) Publishing notice in agency newsletters or sending notice to agency mailing lists, either general lists or lists for specific proposals or subject areas; and
(g) Mailing to neighboring property owners.
(5) A notice of application shall not be required for project permits that are categorically exempt under chapter 43.21C RCW, unless a public comment period or an open record predecision hearing is required.
(6) A local government shall integrate the permit procedures in this section with environmental review under chapter 43.21C RCW as follows:
(a) Except for a determination of significance, the local government may not issue its threshold determination, or issue a decision or a recommendation on a project permit until the expiration of the public comment period on the notice of application.
(b) If an open record predecision hearing is required and the local government's threshold determination requires public notice under chapter 43.21C RCW, the local government shall issue its threshold determination at least fifteen days prior to the open record predecision hearing.
(c) Comments shall be as specific as possible.
(7) A local government may combine any hearing on a project permit with any hearing that may be held by another local, state, regional, federal, or other agency provided that the hearing is held within the geographic boundary of the local government. Hearings shall be combined if requested by an applicant, as long as the joint hearing can be held within the time periods specified in section 413 of this act or the applicant agrees to the schedule in the event that additional time is needed in order to combine the hearings. All agencies of the state of Washington, including municipal corporations and counties participating in a combined hearing, are hereby authorized to issue joint hearing notices and develop a joint format, select a mutually acceptable hearing body or officer, and take such other actions as may be necessary to hold joint hearings consistent with each of their respective statutory obligations.
(8) All state and local agencies shall cooperate to the fullest extent possible with the local government in holding a joint hearing if requested to do so, as long as:
(a) The agency is not expressly prohibited by statute from doing so;
(b) Sufficient notice of the hearing is given to meet each of the agencies' adopted notice requirements as set forth in statute, ordinance, or rule; and
(c) The agency has received the necessary information about the proposed project from the applicant to hold its hearing at the same time as the local government hearing.
(9) A local government is not required to provide for administrative appeals. If provided, an administrative appeal of the project decision, combined with any environmental determinations, shall be filed within fourteen days after the notice of the decision or after other notice that the decision has been made and is appealable. The local government shall extend the appeal period for an additional seven days, if state or local rules adopted pursuant to chapter 43.21C RCW allow public comment on a determination of nonsignificance issued as part of the appealable project permit decision.
(10) The applicant for a project permit is deemed to be a participant in any comment period, open record hearing, or closed record appeal.
(11) Each local government planning under RCW 36.70A.040 shall adopt procedures for administrative interpretation of its development regulations.
NEW SECTION. Sec. 416. (1) Each local government planning under RCW 36.70A.040 shall establish a permit review process that provides for the integrated and consolidated review and decision on two or more project permits relating to a proposed project action, including a single application review and approval process covering all project permits requested by an applicant for all or part of a project action and a designated permit coordinator. If an applicant elects the consolidated permit review process, the determination of completeness, notice of application, and notice of final decision must include all project permits being reviewed through the consolidated permit review process.
(2) Consolidated permit review may provide different procedures for different categories of project permits, but if a project action requires project permits from more than one category, the local government shall provide for consolidated permit review with a single open record hearing and no more than one closed record appeal as provided in section 407 of this act. Each local government shall determine which project permits are subject to an open record hearing and a closed record appeal. Examples of categories of project permits include but are not limited to:
(a) Proposals that are categorically exempt from chapter 43.21C RCW, such as construction permits, that do not require environmental review or public notice;
(b) Permits that require environmental review, but no open record predecision hearing; and
(c) Permits that require a threshold determination and an open record predecision hearing and may provide for a closed record appeal to a hearing body or officer or to the local government legislative body.
(3) A local government may provide by ordinance or resolution for the same or a different decision maker or hearing body or officer for different categories of project permits. In the case of consolidated project permit review, the local government shall specify which decision makers shall make the decision or recommendation, conduct the hearing, or decide the appeal to ensure that consolidated permit review occurs as provided in this section. The consolidated permit review may combine an open record predecision hearing on one or more permits with an open record appeal hearing on other permits. In such cases, the local government by ordinance or resolution shall specify which project permits, if any, shall be subject to a closed record appeal.
NEW SECTION. Sec. 417. A local government planning under RCW 36.70A.040 shall provide a notice of decision that also includes a statement of any threshold determination made under chapter 43.21C RCW and the procedures for administrative appeal, if any. The notice of decision may be a copy of the report or decision on the project permit application. The notice shall be provided to the applicant and to any person who, prior to the rendering of the decision, requested notice of the decision or submitted substantive comments on the application. The local government shall provide for notice of its decision as provided in section 415(4) of this act.
NEW SECTION. Sec. 418. (1) A local government by ordinance or resolution may exclude the following project permits from the provisions of RCW 36.70A.440 (as recodified by this act), 36.70A.065 (as recodified by this act), and sections 407, 413, and 415 through 417 of this act: Landmark designations, street vacations, or other approvals relating to the use of public areas or facilities, or other project permits, whether administrative or quasi-judicial, that the local government by ordinance or resolution has determined present special circumstances that warrant a review process different from that provided in RCW 36.70A.440 (as recodified by this act), 36.70A.065 (as recodified by this act), and sections 407, 413, and 415 through 417 of this act.
(2) A local government by ordinance or resolution also may exclude the following project permits from the provisions of sections 407 and 415 through 417 of this act: Lot line or boundary adjustments and building and other construction permits, or similar administrative approvals, categorically exempt from environmental review under chapter 43.21C RCW, or for which environmental review has been completed in connection with other project permits.
NEW SECTION. Sec. 419. A local government not planning under RCW 36.70A.040 may incorporate some or all of the provisions of sections 407, 413, and 415 through 417 of this act and RCW 36.70A.065 and 36.70A.440 (as recodified by this act) into its procedures for review of project permits or other project actions.
NEW SECTION. Sec. 420. (1) Each local government is encouraged to adopt further project review provisions to provide prompt, coordinated review and ensure accountability to applicants and the public, including expedited review for project permit applications for projects that are consistent with adopted development regulations and within the capacity of system-wide infrastructure improvements.
(2) Nothing in this chapter is intended or shall be construed to prevent a local government from requiring a preapplication conference or a public meeting by rule, ordinance, or resolution.
(3) Each local government shall adopt procedures to monitor and enforce permit decisions and conditions.
(4) Nothing in this chapter modifies any independent statutory authority for a government agency to appeal a project permit issued by a local government.
NEW SECTION. Sec. 421. A new section is added to chapter 64.40 RCW to read as follows:
A local government is not liable for damages under this chapter due to the local government̓s failure to make a final decision within the time limits established in section 413 of this act.
Sec. 422. RCW 43.21C.033 and 1992 c 208 s 1 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, the responsible official shall make a threshold determination on a completed application within ninety days after the application and supporting documentation are complete. The applicant may request an additional thirty days for the threshold determination. The governmental entity responsible for making the threshold determination shall by rule, resolution, or ordinance adopt standards, consistent with rules adopted by the department to implement this chapter, for determining when an application and supporting documentation are complete.
(2) This section shall not apply to a city, town, or county that:
(a) By ordinance adopted prior to April 1, 1992, has adopted procedures to integrate permit and land use decisions with the requirements of this chapter; or
(b) Is planning under RCW 36.70A.040 and is subject to the requirements of section 413 of this act.
Sec. 423. RCW 35.63.130 and 1994 c 257 s 8 are each amended to read as follows:
(1) As an alternative to those provisions of this chapter relating to powers or duties of the planning commission to hear and report on any proposal to amend a zoning ordinance, the legislative body of a city or county may adopt a hearing examiner system under which a hearing examiner or hearing examiners may hear and decide applications for amending the zoning ordinance when the amendment which is applied for is not of general applicability. In addition, the legislative body may vest in a hearing examiner the power to hear and decide those issues it believes should be reviewed and decided by a hearing examiner, including but not limited to:
(a) Applications for conditional uses, variances, subdivisions, shoreline permits, or any other class of applications for or pertaining to development of land or land use((s which the legislative body believes should be reviewed and decided by a hearing examiner));
(b) Appeals of administrative decisions or determinations; and
(c) Appeals of administrative decisions or determinations pursuant to chapter 43.21C RCW.
The legislative body shall prescribe procedures to be followed by the hearing examiner.
(2) Each city or county legislative body electing to use a hearing examiner pursuant to this section shall by ordinance specify the legal effect of the decisions made by the examiner. ((Except as provided in subsection (2) of this section,)) The legal effect of such decisions may vary for the different classes of applications decided by the examiner but shall include one of the following:
(a) The decision may be given the effect of a recommendation to the legislative body;
(b) The decision may be given the effect of an administrative decision appealable within a specified time limit to the legislative body((.
(2) The legislative body may specify the legal effect of a hearing examiner's procedural determination under the state environmental policy act, as defined in RCW 43.21C.075(3)(a). It may have the effect under subsection (1) (a) or (b) of this section, or)); or
(c) Except in the case of a rezone, the decision may be given the effect of a final decision of the legislative body.
(3) Each final decision of a hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision would carry out and conform to the city's or county's comprehensive plan and the city's or county's development regulations. Each final decision of a hearing examiner, unless a longer period is mutually agreed to in writing by the applicant and the hearing examiner, shall be rendered within ten working days following conclusion of all testimony and hearings.
Sec. 424. RCW 35A.63.170 and 1994 c 257 s 7 are each amended to read as follows:
(1) As an alternative to those provisions of this chapter relating to powers or duties of the planning commission to hear and report on any proposal to amend a zoning ordinance, the legislative body of a city may adopt a hearing examiner system under which a hearing examiner or hearing examiners may hear and decide applications for amending the zoning ordinance when the amendment which is applied for is not of general applicability. In addition, the legislative body may vest in a hearing examiner the power to hear and decide those issues it believes should be reviewed and decided by a hearing examiner, including but not limited to:
(a) Applications for conditional uses, variances, subdivisions, shoreline permits, or any other class of applications for or pertaining to development of land or land use((s which the legislative body believes should be reviewed and decided by a hearing examiner));
(b) Appeals of administrative decisions or determinations; and
(c) Appeals of administrative decisions or determinations pursuant to chapter 43.21C RCW.
The legislative body shall prescribe procedures to be followed by a hearing examiner. If the legislative authority vests in a hearing examiner the authority to hear and decide variances, then the provisions of RCW 35A.63.110 shall not apply to the city.
(2) Each city legislative body electing to use a hearing examiner pursuant to this section shall by ordinance specify the legal effect of the decisions made by the examiner. ((Except as provided in subsection (2) of this section,)) The legal effect of such decisions may vary for the different classes of applications decided by the examiner but shall include one of the following:
(a) The decision may be given the effect of a recommendation to the legislative body;
(b) The decision may be given the effect of an administrative decision appealable within a specified time limit to the legislative body((.
(2) The legislative body shall specify the legal effect of a hearing examiner's procedural determination under the state environmental policy act, as defined in RCW 43.21C.075(3)(a). It may have the effect under subsection (1) (a) or (b) of this section, or)); or
(c) Except in the case of a rezone, the decision may be given the effect of a final decision of the legislative body.
(3) Each final decision of a hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision would carry out and conform to the city's comprehensive plan and the city's development regulations. Each final decision of a hearing examiner, unless a longer period is mutually agreed to in writing by the applicant and the hearing examiner, shall be rendered within ten working days following conclusion of all testimony and hearings.
Sec. 425. RCW 36.70.970 and 1994 c 257 s 9 are each amended to read as follows:
(1) As an alternative to those provisions of this chapter relating to powers or duties of the planning commission to hear and issue recommendations on applications for plat approval and applications for amendments to the zoning ordinance, the county legislative authority may adopt a hearing examiner system under which a hearing examiner or hearing examiners may hear and issue decisions on proposals for plat approval and for amendments to the zoning ordinance when the amendment which is applied for is not of general applicability. In addition, the legislative authority may vest in a hearing examiner the power to hear and decide those issues it believes should be reviewed and decided by a hearing examiner, including but not limited to:
(a) Applications for conditional uses ((applications)), variances ((applications)), ((applications for)) shoreline permits, or any other class of applications for or pertaining to development of land or land use((s));
(b) Appeals of administrative decisions or determinations; and
(c) Appeals of administrative decisions or determinations pursuant to chapter 43.21C RCW.
The legislative authority shall prescribe procedures to be followed by a hearing examiner.
Any county which vests in a hearing examiner the authority to hear and decide conditional uses and variances shall not be required to have a zoning adjuster or board of adjustment.
(2) Each county legislative authority electing to use a hearing examiner pursuant to this section shall by ordinance specify the legal effect of the decisions made by the examiner. ((Except as provided in subsection (2) of this section,)) Such legal effect may vary for the different classes of applications decided by the examiner but shall include one of the following:
(a) The decision may be given the effect of a recommendation to the legislative authority;
(b) The decision may be given the effect of an administrative decision appealable within a specified time limit to the legislative authority((.
(2) The legislative authority may specify the legal effect of a hearing examiner's procedural determination under the state environmental policy act, as defined in RCW 43.21C.075(3)(a). It may have the effect under subsection (1) (a) or (b) of this section, or)); or
(c) Except in the case of a rezone, the decision may be given the effect of a final decision of the legislative authority.
(3) Each final decision of a hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision would carry out and conform to the county's comprehensive plan and the county's development regulations. Each final decision of a hearing examiner, unless a longer period is mutually agreed to in writing by the applicant and the hearing examiner, shall be rendered within ten working days following conclusion of all testimony and hearings.
Sec. 426. RCW 58.17.090 and 1981 c 293 s 5 are each amended to read as follows:
(1) Upon receipt of an application for preliminary plat approval the administrative officer charged by ordinance with responsibility for administration of regulations pertaining to platting and subdivisions shall provide public notice and set a date for a public hearing. Except as provided in section 415 of this act, at a minimum, notice of the hearing shall be given in the following manner:
(((1))) (a) Notice shall be published not less than ten days prior to the hearing in a newspaper of general circulation within the county and a newspaper of general circulation in the area where the real property which is proposed to be subdivided is located; and
(((2))) (b) Special notice of the hearing shall be given to adjacent landowners by any other reasonable method local authorities deem necessary. Adjacent landowners are the owners of real property, as shown by the records of the county assessor, located within three hundred feet of any portion of the boundary of the proposed subdivision. If the owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the real property proposed to be subdivided, notice under this subsection (1)(b) shall be given to owners of real property located within three hundred feet of any portion of the boundaries of such adjacently located parcels of real property owned by the owner of the real property proposed to be subdivided.
(2) All hearings shall be public. All hearing notices shall include a description of the location of the proposed subdivision. The description may be in the form of either a vicinity location sketch or a written description other than a legal description.
Sec. 427. RCW 58.17.092 and 1988 c 168 s 12 are each amended to read as follows:
Any notice made under chapter 58.17 or 36.-- (the new chapter created in section 431 of this act) RCW that identifies affected property may identify this affected property without using a legal description of the property including, but not limited to, identification by an address, written description, vicinity sketch, or other reasonable means.
Sec. 428. RCW 58.17.100 and 1981 c 293 s 6 are each amended to read as follows:
If a city, town or county has established a planning commission or planning agency in accordance with state law or local charter, such commission or agency shall review all preliminary plats and make recommendations thereon to the city, town or county legislative body to assure conformance of the proposed subdivision to the general purposes of the comprehensive plan and to planning standards and specifications as adopted by the city, town or county. Reports of the planning commission or agency shall be advisory only: PROVIDED, That the legislative body of the city, town or county may, by ordinance, assign to such commission or agency, or any department official or group of officials, such administrative functions, powers and duties as may be appropriate, including the holding of hearings, and recommendations for approval or disapproval of preliminary plats of proposed subdivisions.
Such recommendation shall be submitted to the legislative body not later than fourteen days following action by the hearing body. Upon receipt of the recommendation on any preliminary plat the legislative body shall at its next public meeting set the date for the public meeting where it shall consider the recommendations of the hearing body and may adopt or reject the recommendations of such hearing body based on the record established at the public hearing. If, after considering the matter at a public meeting, the legislative body deems a change in the planning commission's or planning agency's recommendation approving or disapproving any preliminary plat is necessary, ((the change of the recommendation shall not be made until)) the legislative body shall ((conduct a public hearing and thereupon)) adopt its own recommendations and approve or disapprove the preliminary plat. ((Such public hearing may be held before a committee constituting a majority of the legislative body. If the hearing is before a committee, the committee shall report its recommendations on the matter to the legislative body for final action.))
Every decision or recommendation made under this section shall be in writing and shall include findings of fact and conclusions to support the decision or recommendation.
A record of all public meetings and public hearings shall be kept by the appropriate city, town or county authority and shall be open to public inspection.
Sole authority to approve final plats, and to adopt or amend platting ordinances shall reside in the legislative bodies.
Sec. 429. RCW 58.17.330 and 1994 c 257 s 6 are each amended to read as follows:
(1) As an alternative to those provisions of this chapter requiring a planning commission to hear and issue recommendations for plat approval, the county or city legislative body may adopt a hearing examiner system and shall specify by ordinance the legal effect of the decisions made by the examiner. ((Except as provided in subsection (2) of this section,)) The legal effect of such decisions shall include one of the following:
(a) The decision may be given the effect of a recommendation to the legislative body;
(b) The decision may be given the effect of an administrative decision appealable within a specified time limit to the legislative body; or
(c) The decision may be given the effect of a final decision of the legislative body.
The legislative authority shall prescribe procedures to be followed by a hearing examiner.
(2) ((The legislative body shall specify the legal effect of a hearing examiner's procedural determination under the state environmental policy act, as defined in RCW 43.21C.075(3)(a). It may have the effect under subsection (1) (a) or (b) of this section, or may be given the effect of a final decision of the legislative body.
(3))) Each final decision of a hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Each final decision of a hearing examiner, unless a longer period is mutually agreed to by the applicant and the hearing examiner, shall be rendered within ten working days following conclusion of all testimony and hearings.
NEW SECTION. Sec. 430. The department of community, trade, and economic development shall provide training and technical assistance to counties and cities to assist them in fulfilling the requirements of chapter 36.-- RCW (the new chapter created in section 431 of this act).
NEW SECTION. Sec. 431. Sections 401, 402, 404 through 407, 413 through 420, and 502 through 506 of this act shall constitute a new chapter in Title 36 RCW.
NEW SECTION. Sec. 432. RCW 36.70A.065 and 36.70A.440 are recodified as sections within the new chapter created in section 431 of this act.
NEW SECTION. Sec. 433. Sections 413 and 421 of this act shall expire June 30, 1998. The provisions of sections 413 and 421 of this act shall apply to project permit applications determined to be complete pursuant to RCW 36.70A.440 (as recodified by this act) on or before June 30, 1998.
PART V - DEVELOPMENT AGREEMENTS
NEW SECTION. Sec. 501. The legislature finds that the lack of certainty in the approval of development projects can result in a waste of public and private resources, escalate housing costs for consumers and discourage the commitment to comprehensive planning which would make maximum efficient use of resources at the least economic cost to the public. Assurance to a development project applicant that upon government approval the project may proceed in accordance with existing policies and regulations, and subject to conditions of approval, all as set forth in a development agreement, will strengthen the public planning process, encourage private participation and comprehensive planning, and reduce the economic costs of development. Further, the lack of public facilities and services is a serious impediment to development of new housing and commercial uses. Project applicants and local governments may include provisions and agreements whereby applicants are reimbursed over time for financing public facilities. It is the intent of the legislature by sections 502 through 506 of this act to allow local governments and owners and developers of real property to enter into development agreements.
NEW SECTION. Sec. 502. (1) A local government may enter into a development agreement with a person having ownership or control of real property within its jurisdiction. A city may enter into a development agreement for real property outside its boundaries as part of a proposed annexation or a service agreement. A development agreement must set forth the development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. A development agreement shall be consistent with applicable development regulations adopted by a local government planning under chapter 36.70A RCW.
(2) Sections 501 through 504 of this act do not affect the validity of a contract rezone, concomitant agreement, annexation agreement, or other agreement in existence on the effective date of sections 501 through 504 of this act, or adopted under separate authority, that includes some or all of the development standards provided in subsection (3) of this section.
(3) For the purposes of this section, "development standards" includes, but is not limited to:
(a) Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes;
(b) The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications;
(c) Mitigation measures, development conditions, and other requirements under chapter 43.21C RCW;
(d) Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features;
(e) Affordable housing;
(f) Parks and open space preservation;
(g) Phasing;
(h) Review procedures and standards for implementing decisions;
(i) A build-out or vesting period for applicable standards; and
(j) Any other appropriate development requirement or procedure.
(4) The execution of a development agreement is a proper exercise of county and city police power and contract authority. A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. A development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety.
NEW SECTION. Sec. 503. Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and the development standards in the agreement govern during the term of the agreement, or for all or that part of the build-out period specified in the agreement, and may not be subject to an amendment to a zoning ordinance or development standard or regulation or a new zoning ordinance or development standard or regulation adopted after the effective date of the agreement. A permit or approval issued by the county or city after the execution of the development agreement must be consistent with the development agreement.
NEW SECTION. Sec. 504. A development agreement shall be recorded with the real property records of the county in which the property is located. During the term of the development agreement, the agreement is binding on the parties and their successors, including a city that assumes jurisdiction through incorporation or annexation of the area covering the property covered by the development agreement.
NEW SECTION. Sec. 505. A county or city shall only approve a development agreement by ordinance or resolution after a public hearing. The county or city legislative body or a planning commission, hearing examiner, or other body designated by the legislative body to conduct the public hearing may conduct the hearing. If the development agreement relates to a project permit application, the provisions of chapter 36.-- RCW (sections 701 through 715 of this act) shall apply to the appeal of the decision on the development agreement.
NEW SECTION. Sec. 506. Nothing in sections 501 through 505 of this act is intended to authorize local governments to impose impact fees, inspection fees, or dedications or to require any other financial contributions or mitigation measures except as expressly authorized by other applicable provisions of state law.
PART VI - STATE PERMIT COORDINATION
NEW SECTION. Sec. 601. The legislature hereby finds and declares:
(1) Washington's environmental protection programs have established strict standards to reduce pollution and protect the public health and safety and the environment. The single-purpose programs instituted to achieve these standards have been successful in many respects, and have produced significant gains in protecting Washington's environment in the face of substantial population growth.
(2) Continued progress to achieve the environmental standards in the face of continued population growth will require greater coordination between the single-purpose environmental programs and more efficient operation of these programs overall. Pollution must be prevented and controlled and not simply transferred to another media or another place. This goal can only be achieved by maintaining the current environmental protection standards and by greater integration of the existing programs.
(3) As the number of environmental laws and regulations have grown in Washington, so have the number of permits required of business and government. This regulatory burden has significantly added to the cost and time needed to obtain essential permits in Washington. The increasing number of individual permits and permit authorities has generated the continuing potential for conflict, overlap, and duplication between the various state, local, and federal permits.
(4) The purpose of this chapter is to institute new, efficient procedures that will assist businesses and public agencies in complying with the environmental quality laws in an expedited fashion, without reducing protection of public health and safety and the environment.
(5) Those procedures need to provide a permit process that promotes effective dialogue and ensures ease in the transfer and clarification of technical information, while preventing duplication. It is necessary that the procedures establish a process for preliminary and ongoing meetings between the applicant, the coordinating permit agency, and the participating permit agencies, but do not preclude the applicant or participating permit agencies from individually coordinating with each other.
(6) It is necessary, to the maximum extent practicable, that the procedures established in this chapter ensure that the coordinated permit agency process and applicable permit requirements and criteria are integrated and run concurrently, rather than consecutively.
(7) It is necessary to provide a reliable and consolidated source of information concerning federal, state, and local environmental and land use laws and procedures that apply to any given proposal.
(8) It is the intent of this chapter to provide an optional process by which a project proponent may obtain active coordination of all applicable regulatory and land-use permitting procedures. This process is not to replace individual laws, or diminish the substantive decision-making role of individual jurisdictions. Rather it is to provide predictability, administrative consolidation, and, where possible, consolidation of appeal processes.
(9) It is also the intent of this chapter to provide consolidated, effective, and easier opportunities for members of the public to receive information and present their views about proposed projects.
NEW SECTION. Sec. 602. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Center" means the permit assistance center established in the commission by section 603 of this act.
(2) "Coordinating permit agency" means the permit agency that has the greatest overall jurisdiction over a project.
(3) "Department" means the department of ecology.
(4) "Participating permit agency" means a permit agency, other than the coordinating permit agency, that is responsible for the issuance of a permit for a project.
(5) "Permit" means any license, certificate, registration, permit, or other form of authorization required by a permit agency to engage in a particular activity.
(6) "Permit agency" means:
(a) The department of ecology, an air pollution control authority, the department of natural resources, the department of fish and wildlife, and the department of health; and
(b) Any other state or federal agency or county, city, or town that participates at the request of the permit applicant and upon the agency's agreement to be subject to this chapter.
(7) "Project" means an activity, the conduct of which requires permits from one or more permit agencies.
NEW SECTION. Sec. 603. The permit assistance center is established within the department. The center shall:
(1) Publish and keep current one or more handbooks containing lists and explanations of all permit laws. The center shall coordinate with the business assistance center in providing and maintaining this information to applicants and others. To the extent possible, the handbook shall include relevant federal and tribal laws. A state agency or local government shall provide a reasonable number of copies of application forms, statutes, ordinances, rules, handbooks, and other informational material requested by the center and shall otherwise fully cooperate with the center. The center shall seek the cooperation of relevant federal agencies and tribal governments;
(2) Establish, and make known, a point of contact for distribution of the handbook and advice to the public as to its interpretation in any given case;
(3) Work closely and cooperatively with the business license center and the business assistance center in providing efficient and nonduplicative service to the public;
(4) Seek the assignment of employees from the permit agencies listed under section 602(6)(a) of this act to serve on a rotating basis in staffing the center; and
(5) Provide an annual report to the legislature on potential conflicts and perceived inconsistencies among existing statutes. The first report shall be submitted to the appropriate standing committees of the house of representatives and senate by December 1, 1996.
NEW SECTION. Sec. 604. (1) Not later than January 1, 1996, the center shall establish by rule an administrative process for the designation of a coordinating permit agency for a project.
(2) The administrative process shall consist of the establishment of guidelines for designating the coordinating permit agency for a project. If a permit agency is the lead agency for purposes of chapter 43.21C RCW, that permit agency shall be the coordinating permit agency. In other cases, the guidelines shall require that at least the following factors be considered in determining which permit agency has the greatest overall jurisdiction over the project:
(a) The types of facilities or activities that make up the project;
(b) The types of public health and safety and environmental concerns that should be considered in issuing permits for the project;
(c) The environmental medium that may be affected by the project, the extent of those potential effects, and the environmental protection measures that may be taken to prevent the occurrence of, or to mitigate, those potential effects;
(d) The regulatory activity that is of greatest importance in preventing or mitigating the effects that the project may have on public health and safety or the environment; and
(e) The statutory and regulatory requirements that apply to the project and the complexity of those requirements.
NEW SECTION. Sec. 605. Upon the request of a project applicant, the center shall appoint a project facilitator to assist the applicant in determining which regulatory requirements, processes, and permits may be required for development and operation of the proposed project. The project facilitator shall provide the information to the applicant and explain the options available to the applicant in obtaining the required permits. If the applicant requests, the center shall designate a coordinating permit agency as provided in section 606 of this act.
NEW SECTION. Sec. 606. (1) A permit applicant who requests the designation of a coordinating permit agency shall provide the center with a description of the project, a preliminary list of the permits that the project may require, the identity of any public agency that has been designated the lead agency for the project pursuant to chapter 43.21C RCW, and the identity of the participating permit agencies. The center may request any information from the permit applicant that is necessary to make the designation under this section, and may convene a scoping meeting of the likely coordinating permit agency and participating permit agencies in order to make that designation.
(2) The coordinating permit agency shall serve as the main point of contact for the permit applicant with regard to the coordinated permit process for the project and shall manage the procedural aspects of that processing consistent with existing laws governing the coordinating permit agency and participating permit agencies, and with the procedures agreed to by those agencies in accordance with section 607 of this act. In carrying out these responsibilities, the coordinating permit agency shall ensure that the permit applicant has all the information needed to apply for all the component permits that are incorporated in the coordinated permit process for the project, coordinate the review of those permits by the respective participating permit agencies, ensure that timely permit decisions are made by the participating permit agencies, and assist in resolving any conflict or inconsistency among the permit requirements and conditions that are to be imposed by the participating permit agencies with regard to the project. The coordinating permit agency shall keep in contact with the applicant as well as other permit agencies in order to assure that the process is progressing as scheduled. The coordinating permit agency shall also make contact, at least once, with any local jurisdiction that is responsible for issuing a permit for the project if the local jurisdiction has not agreed to be a participating permit agency as provided in section 602(6) of this act.
(3) This chapter shall not be construed to limit or abridge the powers and duties granted to a participating permit agency under the law that authorizes or requires the agency to issue a permit for a project. Each participating permit agency shall retain its authority to make all decisions on all nonprocedural matters with regard to the respective component permit that is within its scope of its responsibility, including, but not limited to, the determination of permit application completeness, permit approval or approval with conditions, or permit denial. The coordinating permit agency may not substitute its judgment for that of a participating permit agency on any such nonprocedural matters.
NEW SECTION. Sec. 607. (1) Within twenty-one days of the date that the coordinating permit agency is designated, it shall convene a meeting with the permit applicant for the project and the participating permit agencies. The meeting agenda shall include at least all of the following matters:
(a) A determination of the permits that are required for the project;
(b) A review of the permit application forms and other application requirements of the agencies that are participating in the coordinated permit process;
(c)(i) A determination of the timelines that will be used by the coordinating permit agency and each participating permit agency to make permit decisions, including the time periods required to determine if the permit applications are complete, to review the application or applications, and to process the component permits. In the development of this timeline, full attention shall be given to achieving the maximum efficiencies possible through concurrent studies, consolidated applications, hearings, and comment periods. Except as provided in (c)(ii) of this subsection, the timelines established under this subsection, with the assent of the coordinating permit agency and each participating permit agency, shall commit the coordinating permit agency and each participating permit agency to act on the component permit within time periods that are different than those required by other applicable provisions of law.
(ii) An accelerated time period for the consideration of a permit application may not be set if that accelerated time period would be inconsistent with, or in conflict with, any time period or series of time periods set by statute for that consideration, or with any statute, rule, or regulation, or adopted state policy, standard, or guideline that requires any of the following:
(A) Other agencies, interested persons, federally recognized Indian tribes, or the public to be given adequate notice of the application;
(B) Other agencies to be given a role in, or be allowed to participate in, the decision to approve or disapprove the application; or
(C) Interested persons or the public to be provided the opportunity to challenge, comment on, or otherwise voice their concerns regarding the application;
(d) The scheduling of any public hearings that are required to issue permits for the project and a determination of the feasibility of coordinating or consolidating any of those required public hearings; and
(e) A discussion of fee arrangements for the coordinated permit process, including an estimate of the costs allowed under section 610 of this act and the billing schedule.
(2) Each agency shall send at least one representative qualified to make decisions concerning the applicability and timelines associated with all permits administered by that jurisdiction. At the request of the applicant, the coordinating permit agency shall notify any relevant federal agency or federally recognized tribe of the date of the meeting and invite that agency's participation in the process.
(3) If a permit agency or the applicant foresees, at any time, that it will be unable to meet its obligations under the agreement, it shall notify the coordinating permit agency of the problem. The coordinating permit agency shall notify the participating permit agencies and the applicant and, upon agreement of all parties, adjust the schedule, or, if necessary, schedule another work plan meeting.
(4) The coordinating permit agency may request any information from the applicant that is necessary to comply with its obligations under this section, consistent with the timelines set pursuant to this section.
(5) A summary of the decisions made under this section shall be made available for public review upon the filing of the coordinated permit process application or permit applications.
NEW SECTION. Sec. 608. (1) The permit applicant may withdraw from the coordinated permit process by submitting to the coordinating permit agency a written request that the process be terminated. Upon receipt of the request, the coordinating permit agency shall notify the center and each participating permit agency that a coordinated permit process is no longer applicable to the project.
(2) The permit applicant may submit a written request to the coordinating permit agency that the permit applicant wishes a participating permit agency to withdraw from participation on the basis of a reasonable belief that the issuance of the coordinated permit process would be accelerated if the participating permit agency withdraws. In that event, the participating permit agency shall withdraw from participation if the coordinating permit agency approves the request.
NEW SECTION. Sec. 609. The coordinating permit agency shall ensure that the participating permit agencies make all the permit decisions that are necessary for the incorporation of the permits into the coordinated permit process and act on the component permits within the time periods established pursuant to section 607 of this act.
NEW SECTION. Sec. 610. (1) The coordinating permit agency may enter into a written agreement with the applicant to recover from the applicant the reasonable costs incurred by the coordinating permit agency in carrying out the requirements of this chapter.
(2) The coordinating permit agency may recover only the costs of performing those coordinated permit services and shall be negotiated with the permit applicant in the meeting required pursuant to section 607 of this act. The billing process shall provide for accurate time and cost accounting and may include a billing cycle that provides for progress payments.
NEW SECTION. Sec. 611. A petition by the permit applicant for review of an agency action in issuing, denying, or amending a permit, or any portion of a coordinating permit agency permit, shall be submitted by the permit applicant to the coordinating permit agency or the participating permit agency having jurisdiction over that permit and shall be processed in accordance with the procedures of that permit agency. Within thirty days of receiving the petition, the coordinating permit agency shall notify the other environmental agencies participating in the original coordinated permit process.
NEW SECTION. Sec. 612. If an applicant petitions for a significant amendment or modification to a coordinated permit process application or any of its component permit applications, the coordinating permit agency shall reconvene a meeting of the participating permit agencies, conducted in accordance with section 607 of this act.
NEW SECTION. Sec. 613. If an applicant fails to provide information required for the processing of the component permit applications for a coordinated permit process or for the designation of a coordinating permit agency, the time requirements of this chapter shall be held in abeyance until such time as the information is provided.
NEW SECTION. Sec. 614. (1) The center, by rule, shall establish an expedited appeals process by which a petitioner or applicant may appeal any failure by a permit agency to take timely action on the issuance or denial of a permit in accordance with the time limits established under this chapter.
(2) If the center finds that the time limits under appeal have been violated without good cause, it shall establish a date certain by which the permit agency shall act on the permit application with adequate provision for the requirements of section 607(1)(c)(ii) (A) through (C) of this act, and provide for the full reimbursement of any filing or permit processing fees paid by the applicant to the permit agency for the permit application under appeal.
NEW SECTION. Sec. 615. Nothing in this chapter affects the jurisdiction of the energy facility site evaluation council as provided in chapter 80.50 RCW.
NEW SECTION. Sec. 616. By December 1, 1997, the center shall submit a report to the appropriate committees of both houses of the legislature detailing the following information:
(1) The number of instances in which a coordinating permit agency has been requested and used, and the disposition of those cases;
(2) The amount of time elapsed between an initial request by a permit applicant for a coordinated permit process and the ultimate approval or disapproval of the permits included in the process; and
(3) The number of instances in which the expedited appeals process was requested, and the disposition of those cases.
NEW SECTION. Sec. 617. A new section is added to chapter 43.131 RCW to read as follows:
The permit assistance center and its powers and duties shall be terminated June 30, 1999, as provided in section 618 of this act.
NEW SECTION. Sec. 618. A new section is added to chapter 43.131 RCW to read as follows:
The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2000:
(1) RCW 90.--.--- and 1995 c -- s 601 (section 601 of this act);
(2) RCW 90.--.--- and 1995 c -- s 602 (section 602 of this act);
(3) RCW 90.--.--- and 1995 c -- s 603 (section 603 of this act);
(4) RCW 90.--.--- and 1995 c -- s 604 (section 604 of this act);
(5) RCW 90.--.--- and 1995 c -- s 605 (section 605 of this act);
(6) RCW 90.--.--- and 1995 c -- s 606 (section 606 of this act);
(7) RCW 90.--.--- and 1995 c -- s 607 (section 607 of this act);
(8) RCW 90.--.--- and 1995 c -- s 608 (section 608 of this act);
(9) RCW 90.--.--- and 1995 c -- s 609 (section 609 of this act);
(10) RCW 90.--.--- and 1995 c -- s 610 (section 610 of this act);
(11) RCW 90.--.--- and 1995 c -- s 611 (section 611 of this act);
(12) RCW 90.--.--- and 1995 c -- s 612 (section 612 of this act);
(13) RCW 90.--.--- and 1995 c -- s 613 (section 613 of this act);
(14) RCW 90.--.--- and 1995 c -- s 614 (section 614 of this act);
(15) RCW 90.--.--- and 1995 c -- s 615 (section 615 of this act); and
(16) RCW 90.--.--- and 1995 c -- s 616 (section 616 of this act).
NEW SECTION. Sec. 619. The following acts or parts of acts are each repealed:
(1) RCW 90.62.010 and 1982 c 179 s 1, 1977 c 54 s 1, & 1973 1st ex.s. c 185 s 1;
(2) RCW 90.62.020 and 1994 c 264 s 96, 1988 c 36 s 71, 1977 c 54 s 2, & 1973 1st ex.s. c 185 s 2;
(3) RCW 90.62.030 and 1973 1st ex.s. c 185 s 3;
(4) RCW 90.62.040 and 1990 c 137 s 1, 1977 c 54 s 3, & 1973 1st ex.s. c 185 s 4;
(5) RCW 90.62.050 and 1977 c 54 s 4 & 1973 1st ex.s. c 185 s 5;
(6) RCW 90.62.060 and 1982 c 179 s 2, 1977 c 54 s 5, & 1973 1st ex.s. c 185 s 6;
(7) RCW 90.62.070 and 1973 1st ex.s. c 185 s 7;
(8) RCW 90.62.080 and 1987 c 109 s 156, 1977 c 54 s 6, & 1973 1st ex.s. c 185 s 8;
(9) RCW 90.62.090 and 1977 c 54 s 7 & 1973 1st ex.s. c 185 s 9;
(10) RCW 90.62.100 and 1977 c 54 s 8 & 1973 1st ex.s. c 185 s 10;
(11) RCW 90.62.110 and 1973 1st ex.s. c 185 s 11;
(12) RCW 90.62.120 and 1973 1st ex.s. c 185 s 12;
(13) RCW 90.62.130 and 1977 c 54 s 9;
(14) RCW 90.62.900 and 1973 1st ex.s. c 185 s 13;
(15) RCW 90.62.901 and 1973 1st ex.s. c 185 s 14;
(16) RCW 90.62.904 and 1973 1st ex.s. c 185 s 15;
(17) RCW 90.62.905 and 1973 1st ex.s. c 185 s 16;
(18) RCW 90.62.906 and 1973 1st ex.s. c 185 s 18;
(19) RCW 90.62.907 and 1973 1st ex.s. c 185 s 19; and
(20) RCW 90.62.908 and 1977 c 54 s 10.
NEW SECTION. Sec. 620. Sections 601 through 616 of this act shall constitute a new chapter in Title 90 RCW.
NEW SECTION. Sec. 701. This chapter may be known and cited as the land use petition act.
NEW SECTION. Sec. 702. The purpose of this chapter is to reform the process for judicial review of land use decisions made by local jurisdictions, by establishing uniform, expedited appeal procedures and uniform criteria for reviewing such decisions, in order to provide consistent, predictable, and timely judicial review.
NEW SECTION. Sec. 703. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Land use decision" means a final determination by a local jurisdiction's body or officer with the highest level of authority to make the determination, including those with authority to hear appeals, on:
(a) An application for a project permit or other governmental approval required by law before real property may be improved, developed, modified, sold, transferred, or used, but excluding applications for permits or approvals to use, vacate, or transfer streets, parks, and similar types of public property; excluding applications for legislative approvals such as area-wide rezones and annexations; and excluding applications for business licenses;
(b) An interpretative or declaratory decision regarding the application to a specific property of zoning or other ordinances or rules regulating the improvement, development, modification, maintenance, or use of real property; and
(c) The enforcement by a local jurisdiction of ordinances regulating the improvement, development, modification, maintenance, or use of real property. However, when a local jurisdiction is required by law to enforce the ordinances in a court of limited jurisdiction, a petition may not be brought under this chapter.
(2) "Local jurisdiction" means a county, city, or incorporated town.
(3) "Person" means an individual, partnership, corporation, association, public or private organization, or governmental entity or agency.
NEW SECTION. Sec. 704. (1) This chapter replaces the writ of certiorari for appeal of land use decisions and shall be the exclusive means of judicial review of land use decisions, except that this chapter does not apply to:
(a) Judicial review of:
(i) Land use decisions made by bodies that are not part of a local jurisdiction;
(ii) Land use decisions of a local jurisdiction that are subject to review by a quasi-judicial body created by state law, such as the shorelines hearings board or the growth management hearings board;
(b) Judicial review of applications for a writ of mandamus or prohibition; or
(c) Claims provided by any law for monetary damages or compensation. If one or more claims for damages or compensation are set forth in the same complaint with a land use petition brought under this chapter, the claims are not subject to the procedures and standards, including deadlines, provided in this chapter for review of the petition. The judge who hears the land use petition may, if appropriate, preside at a trial for damages or compensation.
(2) The superior court civil rules govern procedural matters under this chapter to the extent that the rules are consistent with this chapter.
NEW SECTION. Sec. 705. (1) Proceedings for review under this chapter shall be commenced by filing a land use petition in superior court.
(2) A land use petition is barred, and the court may not grant review, unless the petition is timely filed with the court and timely served on the following persons who shall be parties to the review of the land use petition:
(a) The local jurisdiction, which for purposes of the petition shall be the jurisdiction's corporate entity and not an individual decision maker or department;
(b) Each of the following persons if the person is not the petitioner:
(i) Each person identified by name and address in the local jurisdiction's written decision as an applicant for the permit or approval at issue; and
(ii) Each person identified by name and address in the local jurisdiction's written decision as an owner of the property at issue;
(c) If no person is identified in a written decision as provided in (b) of this subsection, each person identified by name and address as a taxpayer for the property at issue in the records of the county assessor, based upon the description of the property in the application; and
(d) Each person named in the written decision who filed an appeal to a local jurisdiction quasi-judicial decision maker regarding the land use decision at issue, unless the person has abandoned the appeal or the person's claims were dismissed before the quasi-judicial decision was rendered. Persons who later intervened or joined in the appeal are not required to be made parties under this subsection.
(3) The petition is timely if it is filed and served on all parties listed in subsection (2) of this section within twenty-one days of the issuance of the land use decision.
(4) For the purposes of this section, the date on which a land use decision is issued is:
(a) Three days after a written decision is mailed by the local jurisdiction or, if not mailed, the date on which the local jurisdiction provides notice that a written decision is publicly available;
(b) If the land use decision is made by ordinance or resolution by a legislative body sitting in a quasi-judicial capacity, the date the body passes the ordinance or resolution; or
(c) If neither (a) nor (b) of this subsection applies, the date the decision is entered into the public record.
(5) Service on the local jurisdiction must be by delivery of a copy of the petition to the persons identified by or pursuant to RCW 4.28.080 to receive service of process. Service on other parties must be in accordance with the superior court civil rules or by first class mail to:
(a) The address stated in the written decision of the local jurisdiction for each person made a party under subsection (2)(b) of this section;
(b) The address stated in the records of the county assessor for each person made a party under subsection (2)(c) of this section; and
(c) The address stated in the appeal to the quasi-judicial decision maker for each person made a party under subsection (2)(d) of this section.
(6) Service by mail is effective on the date of mailing and proof of service shall be by affidavit or declaration under penalty of perjury.
NEW SECTION. Sec. 706. If the applicant for the land use approval is not the owner of the real property at issue, and if the owner is not accurately identified in the records referred to in section 705(2) (b) and (c) of this act, the applicant shall be responsible for promptly securing the joinder of the owners. In addition, within fourteen days after service each party initially named by the petitioner shall disclose to the other parties the name and address of any person whom such party knows may be needed for just adjudication of the petition, and the petitioner shall promptly name and serve any such person whom the petitioner agrees may be needed for just adjudication. If such a person is named and served before the initial hearing, leave of court for the joinder is not required, and the petitioner shall provide the newly joined party with copies of the pleadings filed before the party's joinder. Failure by the petitioner to name or serve, within the time required by section 705(3) of this act, persons who are needed for just adjudication but who are not identified in the records referred to in section 705(2)(b) of this act, or in section 705(2)(c) of this act if applicable, shall not deprive the court of jurisdiction to hear the land use petition.
NEW SECTION. Sec. 707. Standing to bring a land use petition under this chapter is limited to the following persons:
(1) The applicant and the owner of property to which the land use decision is directed;
(2) Another person aggrieved or adversely affected by the land use decision, or who would be aggrieved or adversely affected by a reversal or modification of the land use decision. A person is aggrieved or adversely affected within the meaning of this section only when all of the following conditions are present:
(a) The land use decision has prejudiced or is likely to prejudice that person;
(b) That person's asserted interests are among those that the local jurisdiction was required to consider when it made the land use decision;
(c) A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the land use decision; and
(d) The petitioner has exhausted his or her administrative remedies to the extent required by law.
NEW SECTION. Sec. 708. A land use petition must set forth:
(1) The name and mailing address of the petitioner;
(2) The name and mailing address of the petitioner's attorney, if any;
(3) The name and mailing address of the local jurisdiction whose land use decision is at issue;
(4) Identification of the decision-making body or officer, together with a duplicate copy of the decision, or, if not a written decision, a summary or brief description of it;
(5) Identification of each person to be made a party under section 705(2) (b) through (d) of this act;
(6) Facts demonstrating that the petitioner has standing to seek judicial review under section 707 of this act;
(7) A separate and concise statement of each error alleged to have been committed;
(8) A concise statement of facts upon which the petitioner relies to sustain the statement of error; and
(9) A request for relief, specifying the type and extent of relief requested.
NEW SECTION. Sec. 709. (1) Within seven days after the petition is served on the parties identified in section 705(2) of this act, the petitioner shall note, according to the local rules of superior court, an initial hearing on jurisdictional and preliminary matters. This initial hearing shall be set no sooner than thirty-five days and no later than fifty days after the petition is served on the parties identified in section 705(2) of this act.
(2) The parties shall note all motions on jurisdictional and procedural issues for resolution at the initial hearing, except that a motion to allow discovery may be brought sooner. Where confirmation of motions is required, each party shall be responsible for confirming its own motions.
(3) The defenses of lack of standing, untimely filing or service of the petition, and failure to join persons needed for just adjudication are waived if not raised by timely motion noted to be heard at the initial hearing, unless the court allows discovery on such issues.
(4) The petitioner shall move the court for an order at the initial hearing that sets the date on which the record must be submitted, sets a briefing schedule, sets a discovery schedule if discovery is to be allowed, and sets a date for the hearing or trial on the merits.
(5) The parties may waive the initial hearing by scheduling with the court a date for the hearing or trial on the merits and filing a stipulated order that resolves the jurisdictional and procedural issues raised by the petition, including the issues identified in subsections (3) and (4) of this section.
(6) A party need not file an answer to the petition.
NEW SECTION. Sec. 710. The court shall provide expedited review of petitions filed under this chapter. The matter must be set for hearing within sixty days of the date set for submitting the local jurisdiction's record, absent a showing of good cause for a different date or a stipulation of the parties.
NEW SECTION. Sec. 711. (1) A petitioner or other party may request the court to stay or suspend an action by the local jurisdiction or another party to implement the decision under review. The request must set forth a statement of grounds for the stay and the factual basis for the request.
(2) A court may grant a stay only if the court finds that:
(a) The party requesting the stay is likely to prevail on the merits;
(b) Without the stay the party requesting it will suffer irreparable harm;
(c) The grant of a stay will not substantially harm other parties to the proceedings; and
(d) The request for the stay is timely in light of the circumstances of the case.
(3) The court may grant the request for a stay upon such terms and conditions, including the filing of security, as are necessary to prevent harm to other parties by the stay.
NEW SECTION. Sec. 712. (1) Within forty-five days after entry of an order to submit the record, or within such a further time as the court allows or as the parties agree, the local jurisdiction shall submit to the court a certified copy of the record for judicial review of the land use decision, except that the petitioner shall prepare at the petitioner's expense and submit a verbatim transcript of any hearings held on the matter.
(2) If the parties agree, or upon order of the court, the record shall be shortened or summarized to avoid reproduction and transcription of portions of the record that are duplicative or not relevant to the issues to be reviewed by the court.
(3) The petitioner shall pay the local jurisdiction the cost of preparing the record before the local jurisdiction submits the record to the court. Failure by the petitioner to timely pay the local jurisdiction relieves the local jurisdiction of responsibility to submit the record and is grounds for dismissal of the petition.
(4) If the relief sought by the petitioner is granted in whole or in part the court shall equitably assess the cost of preparing the record among the parties. In assessing costs the court shall take into account the extent to which each party prevailed and the reasonableness of the parties' conduct in agreeing or not agreeing to shorten or summarize the record under subsection (2) of this section.
NEW SECTION. Sec. 713. (1) When the land use decision being reviewed was made by a quasi-judicial body or officer who made factual determinations in support of the decision and the parties to the quasi-judicial proceeding had an opportunity consistent with due process to make a record on the factual issues, judicial review of factual issues and the conclusions drawn from the factual issues shall be confined to the record created by the quasi-judicial body or officer, except as provided in subsections (2) through (4) of this section.
(2) For decisions described in subsection (1) of this section, the record may be supplemented by additional evidence only if the additional evidence relates to:
(a) Grounds for disqualification of a member of the body or of the officer that made the land use decision, when such grounds were unknown by the petitioner at the time the record was created;
(b) Matters that were improperly excluded from the record after being offered by a party to the quasi-judicial proceeding; or
(c) Matters that were outside the jurisdiction of the body or officer that made the land use decision.
(3) For land use decisions other than those described in subsection (1) of this section, the record for judicial review may be supplemented by evidence of material facts that were not made part of the local jurisdiction's record.
(4) The court may require or permit corrections of ministerial errors or inadvertent omissions in the preparation of the record.
(5) The parties may not conduct pretrial discovery except with the prior permission of the court, which may be sought by motion at any time after service of the petition. The court shall not grant permission unless the party requesting it makes a prima facie showing of need. The court shall strictly limit discovery to what is necessary for equitable and timely review of the issues that are raised under subsections (2) and (3) of this section. If the court allows the record to be supplemented, the court shall require the parties to disclose before the hearing or trial on the merits the specific evidence they intend to offer. If any party, or anyone acting on behalf of any party, requests records under chapter 42.17 RCW relating to the matters at issue, a copy of the request shall simultaneously be given to all other parties and the court shall take such request into account in fashioning an equitable discovery order under this section.
NEW SECTION. Sec. 714. (1) The superior court, acting without a jury, shall review the record and such supplemental evidence as is permitted under section 713 of this act. The court may grant relief only if the party seeking relief has carried the burden of establishing that one of the standards set forth in (a) through (f) of this subsection has been met. The standards are:
(a) The body or officer that made the land use decision engaged in unlawful procedure or failed to follow a prescribed process, unless the error was harmless;
(b) The land use decision is an erroneous interpretation of the law, after allowing for such deference as is due the construction of a law by a local jurisdiction with expertise;
(c) The land use decision is not supported by evidence that is substantial when viewed in light of the whole record before the court;
(d) The land use decision is a clearly erroneous application of the law to the facts;
(e) The land use decision is outside the authority or jurisdiction of the body or officer making the decision; or
(f) The land use decision violates the constitutional rights of the party seeking relief.
(2) In order to grant relief under this chapter, it is not necessary for the court to find that the local jurisdiction engaged in arbitrary and capricious conduct. A grant of relief by itself may not be deemed to establish liability for monetary damages or compensation.
NEW SECTION. Sec. 715. The court may affirm or reverse the land use decision under review or remand it for modification or further proceedings. If the decision is remanded for modification or further proceedings, the court may make such an order as it finds necessary to preserve the interests of the parties and the public, pending further proceedings or action by the local jurisdiction.
Sec. 716. RCW 7.16.360 and 1989 c 175 s 38 are each amended to read as follows:
This chapter does not apply to state agency action reviewable under chapter 34.05 RCW or to land use decisions of local jurisdictions reviewable under chapter 36.-- RCW (sections 701 through 715 of this act).
Sec. 717. RCW 58.17.180 and 1983 c 121 s 5 are each amended to read as follows:
Any decision approving or disapproving any plat shall be reviewable ((for unlawful, arbitrary, capricious or corrupt action or nonaction by writ of review before the superior court of the county in which such matter is pending. Standing to bring the action is limited to the following parties:
(1) The applicant or owner of the property on which the subdivision is proposed;
(2) Any property owner entitled to special notice under RCW 58.17.090;
(3) Any property owner who deems himself aggrieved thereby and who will suffer direct and substantial impacts from the proposed subdivision.
Application for a writ of review shall be made to the court within thirty days from any decision so to be reviewed. The cost of transcription of all records ordered certified by the court for such review shall be borne by the appellant)) under chapter 36.-- RCW (sections 701 through 715 of this act).
NEW SECTION. Sec. 718. A new section is added to chapter 4.84 RCW to read as follows:
(1) Notwithstanding any other provisions of this chapter, reasonable attorneys̓ fees and costs shall be awarded to the prevailing party or substantially prevailing party on appeal before the court of appeals or the supreme court of a decision by a county, city, or town to issue, condition, or deny a development permit involving a site-specific rezone, zoning, plat, conditional use, variance, shoreline permit, building permit, site plan, or similar land use approval or decision. The court shall award and determine the amount of reasonable attorneys̓ fees and costs under this section if:
(a) The prevailing party on appeal was the prevailing or substantially prevailing party before the county, city, or town, or in a decision involving a substantial development permit under chapter 90.58 RCW, the prevailing party on appeal was the prevailing party or the substantially prevailing party before the shoreline hearings board; and
(b) The prevailing party on appeal was the prevailing party or substantially prevailing party in all prior judicial proceedings.
(2) In addition to the prevailing party under subsection (1) of this section, the county, city, or town whose decision is on appeal is considered a prevailing party if its decision is upheld at superior court and on appeal.
NEW SECTION. Sec. 719. Sections 701 through 715 of this act shall constitute a new chapter in Title 36 RCW.
NEW SECTION. Sec. 801. The land use study commission is hereby established. The commission̓s goal shall be the integration and consolidation of the state̓s land use and environmental laws into a single, manageable statute. In fulfilling its responsibilities, the commission shall evaluate the effectiveness of the growth management act, the state environmental policy act, the shoreline management act, and other state land use, planning, environmental, and permitting statutes in achieving their stated goals.
NEW SECTION. Sec. 802. The commission shall consist of not more than fourteen members. Eleven members of the commission shall be appointed by the governor. Membership shall reflect the interests of business, agriculture, labor, the environment, neighborhood groups, other citizens, the legislature, cities, counties, and federally recognized Indian tribes. Members shall have substantial experience in matters relating to land use and environmental planning and regulation, and shall have the ability to work toward cooperative solutions among diverse interests. The director of the department of community, trade, and economic development, or the director̓s designee, shall be a member and shall serve as chair of the commission. The director of the department of ecology, or the director̓s designee, and the secretary of the department of transportation, or the secretary's designee, shall also be members of the commission. Staff for the commission shall be provided by the department of community, trade, and economic development, with additional staff to be provided by other state agencies and the legislature, as may be required. State agencies shall provide the commission with information and assistance as needed.
NEW SECTION. Sec. 803. The commission shall convene commencing June 1, 1995, and shall complete its work by June 30, 1998. The commission shall submit a report to the governor and the legislature stating its findings, conclusions, and recommendations not later than November 1 of each year. The commission shall submit its final report to the governor and the legislature not later than November 1, 1997.
NEW SECTION. Sec. 804. The commission shall:
(1) Consider the effectiveness of state and local government efforts to consolidate and integrate the growth management act, the state environmental policy act, the shoreline management act, and other land use, planning, environmental, and permitting laws.
(2) Identify the revisions and modifications needed in state land use, planning, and environmental law and practice to adequately plan for growth and achieve economically and environmentally sustainable development, to adequately assess environmental impacts of comprehensive plans, development regulations, and growth, and to reduce the time and cost of obtaining project permits.
(3) Draft a consolidated land use procedure, following these guidelines:
(a) Conduct land use planning through the comprehensive planning process under chapter 36.70A RCW rather than through review of individual projects;
(b) Involve diverse sectors of the public in the planning process. Early and informal environmental analysis should be incorporated into planning and decision making;
(c) Recognize that different questions need to be answered and different levels of detail applied at each planning phase, from the initial development of plan concepts or plan elements to implementation programs;
(d) Integrate and combine to the fullest extent possible the processes, analysis, and documents currently required under chapters 36.70A and 43.21C RCW, so that subsequent plan decisions and subsequent implementation will incorporate measures to promote the environmental, economic, and other goals and to mitigate undesirable or unintended adverse impacts on a community's quality of life;
(e) Focus environmental review and the level of detail needed for different stages of plan and project decisions on the environmental considerations most relevant to that stage of the process;
(f) Avoid duplicating review that has occurred for plan decisions when specific projects are proposed;
(g) Use environmental review on projects to: (i) Review and document consistency with comprehensive plans and development regulations; (ii) provide prompt and coordinated review by agencies, tribes, and the public on compliance with applicable environmental laws and plans, including mitigation for site specific project impacts that have not been considered and addressed at the plan or development regulation level; and (iii) ensure accountability by local government to applicants and the public for requiring and implementing mitigation measures;
(h) Maintain or improve the quality of environmental analysis both for plan and for project decisions, while integrating these analyses with improved state and local planning and permitting processes;
(i) Examine existing land use and environmental permits for necessity and utility. To the extent possible, existing permits should be combined into fewer permits, assuring that the values and principles intended to be protected by those permits remain protected; and
(j) Consolidate local government appeal processes to allow a single appeal of permits at local government levels, a single state level administrative appeal, and a final judicial appeal.
(4) Monitor instances state-wide of the vesting of project permit applications during the period that an appeal is pending before a growth management hearings board, as authorized under RCW 36.70A.300. The commission shall also review the extent to which such vesting results in the approval of projects that are inconsistent with a comprehensive plan or development regulation provision ultimately found to be in compliance with a board's order or remand. The commission shall analyze the impact of such approvals on ensuring the attainment of the goals and policies of chapter 36.70A RCW, and make recommendations to the governor and the legislature on statutory changes to address any adverse impacts from the provisions of RCW 36.70A.300. The commission shall provide an initial report on its findings and recommendations by November 1, 1995, and submit its further findings and recommendations subsequently in the reports required under section 803 of this act.
(5) Monitor local government consolidated permit procedures and the effectiveness of the timelines established by section 413 of this act. The commission shall include in its report submitted to the governor and the legislature on November 1, 1997, its recommendation about what timelines, if any, should be imposed on the local government consolidated permit process required by chapter 36.-- RCW (the new chapter created in section 431 of this act).
(6) Evaluate funding mechanisms that will enable local governments to pay for and recover the costs of conducting integrated planning and environmental analysis. The commission shall include its conclusions in its first report to the legislature on November 1, 1995, and include any recommended statutory changes.
(7) Study, in cooperation with the state board for registration of professional engineers and the state building code council, ways in which state agencies and local governments could authorize professionals with appropriate qualifications to certify a project's compliance with certain state and local land use and environmental requirements. The commission shall report to the legislature on measures necessary to implement such a system of professional certification.
These guidelines are intended to guide the work of the commission, without limiting its charge to integrate and consolidate Washington's land use and environmental laws into a single, manageable statutory framework.
NEW SECTION. Sec. 805. Members of the commission shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 806. Sections 801 through 805 of this act shall expire June 30, 1998.
NEW SECTION. Sec. 901. 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. 902. Part headings and the table of contents as used in this act do not constitute any part of the law.
NEW SECTION. Sec. 903. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1995, in the omnibus appropriations act, this act shall be null and void.
NEW SECTION. Sec. 904. Sections 801 through 806 of this act are 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 June 1, 1995."
On motion of Senator Fraser, the following title amendment was adopted:
On page 1, line 3 of the title, after "review;" strike the remainder of the title and insert "amending RCW 36.70A.130, 36.70A.140, 36.70A.280, 36.70A.300, 36.70A.320, 36.70A.330, 34.05.514, 43.21C.031, 43.21C.075, 43.21C.080, 43.21C.110, 43.21C.900, 90.58.020, 90.58.030, 90.58.050, 90.58.060, 90.58.080, 90.58.090, 90.58.100, 90.58.120, 90.58.140, 90.58.180, 90.58.190, 34.05.461, 36.70A.440, 36.70A.065, 36.70A.065, 43.21C.033, 35.63.130, 35A.63.170, 36.70.970, 58.17.090, 58.17.092, 58.17.100, 58.17.330, 7.16.360, and 58.17.180; reenacting and amending RCW 36.70A.030 and 36.70A.290; adding new sections to chapter 36.70A RCW; adding a new section to chapter 43.21C RCW; adding a new section to chapter 64.40 RCW; adding new sections to chapter 43.131 RCW; adding a new section to chapter 4.84 RCW; adding new chapters to Title 36 RCW; adding a new chapter to Title 90 RCW; adding a new chapter to Title 82 RCW; creating new sections; recodifying RCW 36.70A.065 and 36.70A.440; repealing RCW 90.58.145, 90.62.010, 90.62.020, 90.62.030, 90.62.040, 90.62.050, 90.62.060, 90.62.070, 90.62.080, 90.62.090, 90.62.100, 90.62.110, 90.62.120, 90.62.130, 90.62.900, 90.62.901, 90.62.904, 90.62.905, 90.62.906, 90.62.907, and 90.62.908; providing effective dates; providing expiration dates; and declaring an emergency."
MOTION
On motion of Senator Fraser, the rules were suspended, Engrossed Substitute House Bill No. 1724, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1724, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1724, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.
Excused: Senators Anderson, C., Hargrove, McCaslin, Owen and Pelz - 5.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1724, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1430, by House Committee on Appropriations (originally sponsored by Representatives Carlson, Sehlin, Cooke, Sommers, Dellwo and Basich) (by request of Joint Committee on Pension Policy)
Exempting certain employers from additional retirement contributions.
The bill was read the second time.
MOTION
Senator Bauer moved that the following Committee on Ways and Means amendment not be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 41.40.010 and 1994 c 298 s 2, 1994 c 247 s 5, 1994 c 197 s 23, and 1994 c 177 s 8 are each reenacted and amended to read as follows:
As used in this chapter, unless a different meaning is plainly required by the context:
(1) "Retirement system" means the public employees' retirement system provided for in this chapter.
(2) "Department" means the department of retirement systems created in chapter 41.50 RCW.
(3) "State treasurer" means the treasurer of the state of Washington.
(4)(a) "Employer" for plan I members, means every branch, department, agency, commission, board, and office of the state, any political subdivision or association of political subdivisions of the state admitted into the retirement system, and legal entities authorized by RCW 35.63.070 and 36.70.060 or chapter 39.34 RCW; and the term shall also include any labor guild, association, or organization the membership of a local lodge or division of which is comprised of at least forty percent employees of an employer (other than such labor guild, association, or organization) within this chapter. The term may also include any city of the first class that has its own retirement system.
(b) "Employer" for plan II members, means every branch, department, agency, commission, board, and office of the state, and any political subdivision and municipal corporation of the state admitted into the retirement system, including public agencies created pursuant to RCW 35.63.070, 36.70.060, and 39.34.030.
(5) "Member" means any employee included in the membership of the retirement system, as provided for in RCW 41.40.023. RCW 41.26.045 does not prohibit a person otherwise eligible for membership in the retirement system from establishing such membership effective when he or she first entered an eligible position.
(6) "Original member" of this retirement system means:
(a) Any person who became a member of the system prior to April 1, 1949;
(b) Any person who becomes a member through the admission of an employer into the retirement system on and after April 1, 1949, and prior to April 1, 1951;
(c) Any person who first becomes a member by securing employment with an employer prior to April 1, 1951, provided the member has rendered at least one or more years of service to any employer prior to October 1, 1947;
(d) Any person who first becomes a member through the admission of an employer into the retirement system on or after April 1, 1951, provided, such person has been in the regular employ of the employer for at least six months of the twelve-month period preceding the said admission date;
(e) Any member who has restored all contributions that may have been withdrawn as provided by RCW 41.40.150 and who on the effective date of the individual's retirement becomes entitled to be credited with ten years or more of membership service except that the provisions relating to the minimum amount of retirement allowance for the member upon retirement at age seventy as found in RCW 41.40.190(4) shall not apply to the member;
(f) Any member who has been a contributor under the system for two or more years and who has restored all contributions that may have been withdrawn as provided by RCW 41.40.150 and who on the effective date of the individual's retirement has rendered five or more years of service for the state or any political subdivision prior to the time of the admission of the employer into the system; except that the provisions relating to the minimum amount of retirement allowance for the member upon retirement at age seventy as found in RCW 41.40.190(4) shall not apply to the member.
(7) "New member" means a person who becomes a member on or after April 1, 1949, except as otherwise provided in this section.
(8)(a) "Compensation earnable" for plan I members, means salaries or wages earned during a payroll period for personal services and where the compensation is not all paid in money, maintenance compensation shall be included upon the basis of the schedules established by the member's employer. Compensation that a member receives for being in standby status is also compensation earnable, subject to the conditions of this subsection. A member is in standby status when not being paid for time actually worked and only when both of the following conditions exist: (i) The member is required to be present at, or in the immediate vicinity of, a specified location; and (ii) the employer requires the member to be prepared to report immediately for work, if the need arises, although the need may not arise. Standby compensation is regular salary for the purposes of RCW 41.50.150(2).
(A) "Compensation earnable" for plan I members also includes the following actual or imputed payments, which are not paid for personal services:
(I) Retroactive payments to an individual by an employer on reinstatement of the employee in a position, or payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wage which the individual would have earned during a payroll period shall be considered compensation earnable and the individual shall receive the equivalent service credit;
(II) If a leave of absence is taken by an individual for the purpose of serving in the state legislature, the salary which would have been received for the position from which the leave of absence was taken, shall be considered as compensation earnable if the employee's contribution is paid by the employee and the employer's contribution is paid by the employer or employee.
(III) Assault pay only as authorized by RCW 27.04.100, 72.01.045, and 72.09.240;
(IV) Compensation that a member would have received but for a disability occurring in the line of duty only as authorized by RCW 41.40.038; and
(V) Compensation that a member receives due to participation in the leave sharing program only as authorized by RCW 41.04.650 through 41.04.670.
(B) "Compensation earnable" does not include:
(I) Remuneration for unused sick leave authorized under RCW 41.04.340, 28A.400.210, or 28A.310.490;
(II) Remuneration for unused annual leave in excess of thirty days as authorized by RCW 43.01.044 and 43.01.041.
(b) "Compensation earnable" for plan II members, means salaries or wages earned by a member during a payroll period for personal services, including overtime payments, and shall include wages and salaries deferred under provisions established pursuant to sections 403(b), 414(h), and 457 of the United States Internal Revenue Code, but shall exclude nonmoney maintenance compensation and lump sum or other payments for deferred annual sick leave, unused accumulated vacation, unused accumulated annual leave, or any form of severance pay. Compensation that a member receives for being in standby status is also compensation earnable, subject to the conditions of this subsection. A member is in standby status when not being paid for time actually worked and only when both of the following conditions exist: (i) The member is required to be present at, or in the immediate vicinity of, a specified location; and (ii) the employer requires the member to be prepared to report immediately for work, if the need arises, although the need may not arise. Standby compensation is regular salary for the purposes of RCW 41.50.150(2).
"Compensation earnable" for plan II members also includes the following actual or imputed payments, which are not paid for personal services:
(A) Retroactive payments to an individual by an employer on reinstatement of the employee in a position, or payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wage which the individual would have earned during a payroll period shall be considered compensation earnable to the extent provided above, and the individual shall receive the equivalent service credit;
(B) In any year in which a member serves in the legislature, the member shall have the option of having such member's compensation earnable be the greater of:
(I) The compensation earnable the member would have received had such member not served in the legislature; or
(II) Such member's actual compensation earnable received for nonlegislative public employment and legislative service combined. Any additional contributions to the retirement system required because compensation earnable under (b)(ii)(B)(II) of this subsection is greater than compensation earnable under (b)(ii)(B)(I) of this subsection shall be paid by the member for both member and employer contributions;
(C) Assault pay only as authorized by RCW 27.04.100, 72.01.045, and 72.09.240;
(D) Compensation that a member would have received but for a disability occurring in the line of duty only as authorized by RCW 41.40.038; and
(E) Compensation that a member receives due to participation in the leave sharing program only as authorized by RCW 41.04.650 through 41.04.670.
(9)(a) "Service" for plan I members, except as provided in RCW 41.40.088, means periods of employment in an eligible position or positions for one or more employers rendered to any employer for which compensation is paid, and includes time spent in office as an elected or appointed official of an employer. Compensation earnable earned in full time work for seventy hours or more in any given calendar month shall constitute one service credit month except as provided in RCW 41.40.088. Compensation earnable earned for less than seventy hours in any calendar month shall constitute one-quarter service credit month of service except as provided in RCW 41.40.088. Only service credit months and one-quarter service credit months shall be counted in the computation of any retirement allowance or other benefit provided for in this chapter. Any fraction of a year of service shall be taken into account in the computation of such retirement allowance or benefits. Time spent in standby status, whether compensated or not, is not service.
(i) Service by a state employee officially assigned by the state on a temporary basis to assist another public agency, shall be considered as service as a state employee: PROVIDED, That service to any other public agency shall not be considered service as a state employee if such service has been used to establish benefits in any other public retirement system.
(ii) An individual shall receive no more than a total of twelve service credit months of service during any calendar year. If an individual is employed in an eligible position by one or more employers the individual shall receive no more than one service credit month during any calendar month in which multiple service for seventy or more hours is rendered.
(iii) A school district employee may count up to forty-five days of sick leave as creditable service solely for the purpose of determining eligibility to retire under RCW 41.40.180 as authorized by RCW 28A.400.300. For purposes of plan I "forty-five days" as used in RCW 28A.400.300 is equal to two service credit months. Use of less than forty-five days of sick leave is creditable as allowed under this subsection as follows:
(A) Less than twenty-two days equals one-quarter service credit month;
(B) Twenty-two days equals one service credit month;
(C) More than twenty-two days but less than forty-five days equals one and one-quarter service credit month.
(b) "Service" for plan II members, means periods of employment by a member in an eligible position or positions for one or more employers for which compensation earnable is paid. Compensation earnable earned for ninety or more hours in any calendar month shall constitute one service credit month except as provided in RCW 41.40.088. Compensation earnable earned for at least seventy hours but less than ninety hours in any calendar month shall constitute one-half service credit month of service. Compensation earnable earned for less than seventy hours in any calendar month shall constitute one-quarter service credit month of service. Time spent in standby status, whether compensated or not, is not service.
Any fraction of a year of service shall be taken into account in the computation of such retirement allowance or benefits.
(i) Service in any state elective position shall be deemed to be full time service, except that persons serving in state elective positions who are members of the teachers' retirement system or law enforcement officers' and fire fighters' retirement system at the time of election or appointment to such position may elect to continue membership in the teachers' retirement system or law enforcement officers' and fire fighters' retirement system.
(ii) A member shall receive a total of not more than twelve service credit months of service for such calendar year. If an individual is employed in an eligible position by one or more employers the individual shall receive no more than one service credit month during any calendar month in which multiple service for ninety or more hours is rendered.
(iii) Up to forty-five days of sick leave may be creditable as service solely for the purpose of determining eligibility to retire under RCW 41.40.180 as authorized by RCW 28A.400.300. For purposes of plan II "forty-five days" as used in RCW 28A.400.300 is equal to two service credit months. Use of less than forty-five days of sick leave is creditable as allowed under this subsection as follows:
(A) Less than eleven days equals one-quarter service credit month;
(B) Eleven or more days but less than twenty-two days equals one-half service credit month;
(C) Twenty-two days equals one service credit month;
(D) More than twenty-two days but less than thirty-three days equals one and one-quarter service credit month;
(E) Thirty-three or more days but less than forty-five days equals one and one-half service credit month.
(10) "Service credit year" means an accumulation of months of service credit which is equal to one when divided by twelve.
(11) "Service credit month" means a month or an accumulation of months of service credit which is equal to one.
(12) "Prior service" means all service of an original member rendered to any employer prior to October 1, 1947.
(13) "Membership service" means:
(a) All service rendered, as a member, after October 1, 1947;
(b) All service after October 1, 1947, to any employer prior to the time of its admission into the retirement system((: PROVIDED, That an amount equal to the employer and employee contributions which would have been paid to the retirement system on account of such service shall have been paid to the retirement system with interest (as computed by the department) on the employee's portion prior to retirement of such person, by the employee or his or her employer, except as qualified by RCW 41.40.023: PROVIDED FURTHER, That employer contributions plus employee contributions with interest submitted by the employee under this subsection shall be placed in the employee's individual account in the employees' savings fund and be treated as any other contribution made by the employee, with the exception that the contributions submitted by the employee in payment of the employer's obligation, together with the interest the director may apply to the employer's contribution, shall be excluded from the calculation of the member's annuity in the event the member selects a benefit with an annuity option)) for which member and employer contributions have been paid under section 2 or 3 of this act;
(c) Service not to exceed six consecutive months of probationary service rendered after April 1, 1949, and prior to becoming a member, in the case of any member, upon payment in full by such member of the total amount of the employer's contribution to the retirement fund which would have been required under the law in effect when such probationary service was rendered if the member had been a member during such period, except that the amount of the employer's contribution shall be calculated by the director based on the first month's compensation earnable as a member;
(d) Service not to exceed six consecutive months of probationary service, rendered after October 1, 1947, and before April 1, 1949, and prior to becoming a member, in the case of any member, upon payment in full by such member of five percent of such member's salary during said period of probationary service, except that the amount of the employer's contribution shall be calculated by the director based on the first month's compensation earnable as a member.
(14)(a) "Beneficiary" for plan I members, means any person in receipt of a retirement allowance, pension or other benefit provided by this chapter.
(b) "Beneficiary" for plan II members, means any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer by another person.
(15) "Regular interest" means such rate as the director may determine.
(16) "Accumulated contributions" means the sum of all contributions standing to the credit of a member in the member's individual account, including any amount paid under RCW 41.50.165(2), together with the regular interest thereon.
(17)(a) "Average final compensation" for plan I members, means the annual average of the greatest compensation earnable by a member during any consecutive two year period of service credit months for which service credit is allowed; or if the member has less than two years of service credit months then the annual average compensation earnable during the total years of service for which service credit is allowed.
(b) "Average final compensation" for plan II members, means the member's average compensation earnable of the highest consecutive sixty months of service credit months prior to such member's retirement, termination, or death. Periods constituting authorized leaves of absence may not be used in the calculation of average final compensation except under RCW 41.40.710(2).
(18) "Final compensation" means the annual rate of compensation earnable by a member at the time of termination of employment.
(19) "Annuity" means payments for life derived from accumulated contributions of a member. All annuities shall be paid in monthly installments.
(20) "Pension" means payments for life derived from contributions made by the employer. All pensions shall be paid in monthly installments.
(21) "Retirement allowance" means the sum of the annuity and the pension.
(22) "Employee" means any person who may become eligible for membership under this chapter, as set forth in RCW 41.40.023.
(23) "Actuarial equivalent" means a benefit of equal value when computed upon the basis of such mortality and other tables as may be adopted by the director.
(24) "Retirement" means withdrawal from active service with a retirement allowance as provided by this chapter.
(25) "Eligible position" means:
(a) Any position that, as defined by the employer, normally requires five or more months of service a year for which regular compensation for at least seventy hours is earned by the occupant thereof. For purposes of this chapter an employer shall not define "position" in such a manner that an employee's monthly work for that employer is divided into more than one position;
(b) Any position occupied by an elected official or person appointed directly by the governor for which compensation is paid.
(26) "Ineligible position" means any position which does not conform with the requirements set forth in subsection (25) of this section.
(27) "Leave of absence" means the period of time a member is authorized by the employer to be absent from service without being separated from membership.
(28) "Totally incapacitated for duty" means total inability to perform the duties of a member's employment or office or any other work for which the member is qualified by training or experience.
(29) "Retiree" means any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer while a member. A person is in receipt of a retirement allowance as defined in subsection (21) of this section or other benefit as provided by this chapter when the department mails, causes to be mailed, or otherwise transmits the retirement allowance warrant.
(30) "Director" means the director of the department.
(31) "State elective position" means any position held by any person elected or appointed to state-wide office or elected or appointed as a member of the legislature.
(32) "State actuary" or "actuary" means the person appointed pursuant to RCW 44.44.010(2).
(33) "Plan I" means the public employees' retirement system, plan I providing the benefits and funding provisions covering persons who first became members of the system prior to October 1, 1977.
(34) "Plan II" means the public employees' retirement system, plan II providing the benefits and funding provisions covering persons who first became members of the system on and after October 1, 1977.
(35) "Index" means, for any calendar year, that year's annual average consumer price index, Seattle, Washington area, for urban wage earners and clerical workers, all items, compiled by the bureau of labor statistics, United States department of labor.
(36) "Index A" means the index for the year prior to the determination of a postretirement adjustment.
(37) "Index B" means the index for the year prior to index A.
(38) "Index year" means the earliest calendar year in which the index is more than sixty percent of index A.
(39) "Adjustment ratio" means the value of index A divided by index B.
NEW SECTION. Sec. 2. A new section is added to chapter 41.40 RCW under the subchapter heading "PROVISIONS APPLICABLE TO PLAN I AND PLAN II" to read as follows:
In the case of employers that were admitted into the retirement system before the effective date of this act, membership service may be established by payment of an amount equal to the employer and employee contributions which would have been paid to the retirement system on account of such service to the retirement system with interest, as computed by the department, on the employee's portion prior to retirement of such person, by the employee or the employee's employer, except as qualified by RCW 41.40.023. Employer contributions plus employee contributions with interest submitted by the employee under this section shall be placed in the employee's individual account in the employees' savings fund and be treated as any other contribution made by the employee, with the exception that the contributions submitted by the employee in payment of the employer's obligation, together with the interest the director may apply to the employer's contribution, shall be excluded from the calculation of the member's annuity in the event the member selects a benefit with an annuity option.
NEW SECTION. Sec. 3. A new section is added to chapter 41.40 RCW under the subchapter heading "PROVISIONS APPLICABLE TO PLAN I AND PLAN II" to read as follows:
(1) This section applies to the establishment of membership service with employers admitted to the retirement system after the effective date of this act.
(2) Membership service may be established for periods of employment with an employer prior to the employer's admission into the retirement system by payment of all employee and employer contributions required by this section.
(3) For current employees, the employer must select one of the options in this subsection and apply it uniformly, except as provided in subsection (5) of this section. The required contributions shall include the total employee and employer contributions that would have been required from the date of each current employee's hire.
(a) Option A: The employer pays all required contributions.
(b) Option B: The employer pays the required employer contributions and the employee pays the required employee contributions. The employer shall not be required to pay the employer contributions until the employee has paid his or her contributions. Each employee shall have the option of purchasing the membership service.
(c) Option C: The employee pays all of the required contributions. Each employee shall have the option of purchasing the membership service.
(4) All payments made under subsection (3) of this section and RCW 41.40.160(2) must be completed within fifteen years from the date of the employer's admission.
(5) An employer shall not be required to purchase membership service under option A or B for periods of employment for which the employer made contributions to a qualified retirement plan as defined by 26 U.S.C. Sec. 401(a), if the contributions plus interest accrued cannot be transferred to the retirement system. If the employer does not purchase membership credit under this subsection, the employee may purchase membership service by paying all of the required contributions within fifteen years of the employer's admission.
(6) A former employee who is an active member and is not covered by subsection (3) of this section may establish membership service by paying all employer contributions, and all employee contributions plus interest. Interest shall be determined by the director.
(7) All contributions plus interest made by the member under this section shall be placed in the member's individual account in the employees' savings fund.
(8) A member may not receive membership service until all required contributions and interest have been paid under this section.
Sec. 4. RCW 41.40.062 and 1991 c 35 s 93 are each amended to read as follows:
(1) The employees and appointive and elective officials of any political subdivision or association of political subdivisions of the state may become members of the retirement system by the approval of the local legislative authority.
(2) On and after September 1, 1965, every school district of the state of Washington shall be an employer under this chapter. Every employee of each school district who is eligible for membership under RCW 41.40.023 shall be a member of the retirement system and participate on the same basis as a person who first becomes a member through the admission of any employer into the retirement system on and after April 1, 1949.
(((3) Each political subdivision becoming an employer under the meaning of this chapter shall make contributions to the funds of the retirement system as provided in RCW 41.50.250, 41.40.045, and 41.40.048 and its employees shall contribute to the employees' savings fund at the rate established under the provisions of RCW 41.40.330. In addition to the foregoing requirement, where the political subdivision becoming an employer under this section has its own retirement plan, any of the employee members thereof who may elect to transfer to this retirement system may, if permitted by the plan, withdraw all or any part of their employees' contributions to the former plan and transfer the funds to the employees' savings fund at the time of their transfer of membership. Any portion of the employees' savings fund not withdrawn shall be transferred by the employer to the retirement system over a period not to exceed fifteen years. The length of the transfer period and the method of payment to be utilized during that period shall be established by agreement between the department and the political subdivision. Employers making deferred payments of employee funds under this section shall transfer an additional amount equal to the interest that would have been credited to each employee's savings fund had his or her contributions been transferred to the state retirement system's employee savings fund on the date the political subdivision became an employer under this section. Any funds remaining in the employer's former retirement plan after all obligations of the plan have been provided for, as evidenced by appropriate actuarial study, shall be disposed of by the governing body of the political subdivision in such manner as it deems appropriate. For the purpose of administering and interpreting this chapter the department may substitute the names of political subdivisions of the state for the "state" and employees of the subdivisions for "state employees" wherever those terms appear in this chapter. The department may also alter any dates mentioned in this chapter for the purpose of making the provisions of the chapter applicable to the entry of any political subdivisions into the system. Any member transferring employment to another employer which is covered by the retirement system may continue as a member without loss of previously earned pension and annuity benefits. The department shall keep accounts as are necessary to show the contributions of each political subdivision to the benefit account fund and shall have the power to debit and credit the various accounts in accordance with the transfer of the members from one employer to another.
(4) Employees of a political subdivision, maintaining its own retirement system, who have been transferred to a health district formed pursuant to chapter 70.46 RCW, but who have been allowed to remain members of the political subdivision's retirement system may be transferred as a group to the Washington public employees' retirement system. This transfer may be made by the action of the legislative authority of the political subdivision maintaining its own retirement system. This transfer shall include employer's and member's funds in the transferring municipalities' retirement system.
(5) Employees of a political subdivision, maintaining its own retirement system, heretofore transferred to a joint airport operation of two municipalities pursuant to chapter 14.08 RCW, may be transferred as a group to the Washington public employees' retirement system. This transfer may be made by the action of the legislative authority of the political subdivision maintaining its own retirement system. This transfer shall include employer's and member's funds in the transferring municipalities' retirement system.))
Sec. 5. RCW 41.40.160 and 1991 c 35 s 77 are each amended to read as follows:
(1) Subject to the provisions of RCW 41.40.150, at retirement the total service credited to a member shall consist of all membership service and, if he or she is an original member, all of the certified prior service.
(2) Employees of a public utility or other private enterprise all or any portion of which has been heretofore or may be hereafter acquired by a public agency as a matter of public convenience and necessity, where it is in the public interest to retain the trained personnel of such enterprise, all service to that enterprise shall, upon the acquiring public agency becoming an employer as defined in RCW 41.40.010(4) be credited on the same basis as if rendered to the said employer: PROVIDED, That this shall apply only to those employees who were in the service of the enterprise at or prior to the time of acquisition by the public agency and who remain in the service of the acquiring agency until they attain membership in the state employees' retirement system; and to those employees who were in the service of the enterprise at the time of acquisition by the public agency and subsequently attain membership through employment with any participating agency: PROVIDED FURTHER, In the event that the acquiring agency is an employer at the time of the acquisition, employer's contributions in connection with members achieving service credit hereunder shall be made on the same basis as set forth in RCW 41.40.045 and 41.40.048 for an employer admitted after April 1, 1949, before the effective date of this act, and on the same basis as set forth in section 3 of this act for an employer admitted after the effective date of this act.
NEW SECTION. Sec. 6. RCW 41.40.045 and 1989 c 273 s 22, 1986 c 268 s 4, 1973 1st ex.s. c 190 s 13, 1972 ex.s. c 151 s 14, 1971 ex.s. c 271 s 11, 1963 c 174 s 15, 1961 c 291 s 11, & 1957 c 231 s 4 are each repealed.
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."
The President declared the question before the Senate to be the motion by Senator Bauer to not adopt the Committee on Ways and Means striking amendment to Substitute House Bill No. 1430.
The motion by Senator Bauer carried and the committee striking amendment was not adopted.
MOTION
Senator Bauer moved that the following amendment by Senators Bauer and Rinehart be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 41.40.010 and 1994 c 298 s 2, 1994 c 247 s 5, 1994 c 197 s 23, and 1994 c 177 s 8 are each reenacted and amended to read as follows:
As used in this chapter, unless a different meaning is plainly required by the context:
(1) "Retirement system" means the public employees' retirement system provided for in this chapter.
(2) "Department" means the department of retirement systems created in chapter 41.50 RCW.
(3) "State treasurer" means the treasurer of the state of Washington.
(4)(a) "Employer" for plan I members, means every branch, department, agency, commission, board, and office of the state, any political subdivision or association of political subdivisions of the state admitted into the retirement system, and legal entities authorized by RCW 35.63.070 and 36.70.060 or chapter 39.34 RCW; and the term shall also include any labor guild, association, or organization the membership of a local lodge or division of which is comprised of at least forty percent employees of an employer (other than such labor guild, association, or organization) within this chapter. The term may also include any city of the first class that has its own retirement system.
(b) "Employer" for plan II members, means every branch, department, agency, commission, board, and office of the state, and any political subdivision and municipal corporation of the state admitted into the retirement system, including public agencies created pursuant to RCW 35.63.070, 36.70.060, and 39.34.030.
(5) "Member" means any employee included in the membership of the retirement system, as provided for in RCW 41.40.023. RCW 41.26.045 does not prohibit a person otherwise eligible for membership in the retirement system from establishing such membership effective when he or she first entered an eligible position.
(6) "Original member" of this retirement system means:
(a) Any person who became a member of the system prior to April 1, 1949;
(b) Any person who becomes a member through the admission of an employer into the retirement system on and after April 1, 1949, and prior to April 1, 1951;
(c) Any person who first becomes a member by securing employment with an employer prior to April 1, 1951, provided the member has rendered at least one or more years of service to any employer prior to October 1, 1947;
(d) Any person who first becomes a member through the admission of an employer into the retirement system on or after April 1, 1951, provided, such person has been in the regular employ of the employer for at least six months of the twelve-month period preceding the said admission date;
(e) Any member who has restored all contributions that may have been withdrawn as provided by RCW 41.40.150 and who on the effective date of the individual's retirement becomes entitled to be credited with ten years or more of membership service except that the provisions relating to the minimum amount of retirement allowance for the member upon retirement at age seventy as found in RCW 41.40.190(4) shall not apply to the member;
(f) Any member who has been a contributor under the system for two or more years and who has restored all contributions that may have been withdrawn as provided by RCW 41.40.150 and who on the effective date of the individual's retirement has rendered five or more years of service for the state or any political subdivision prior to the time of the admission of the employer into the system; except that the provisions relating to the minimum amount of retirement allowance for the member upon retirement at age seventy as found in RCW 41.40.190(4) shall not apply to the member.
(7) "New member" means a person who becomes a member on or after April 1, 1949, except as otherwise provided in this section.
(8)(a) "Compensation earnable" for plan I members, means salaries or wages earned during a payroll period for personal services and where the compensation is not all paid in money, maintenance compensation shall be included upon the basis of the schedules established by the member's employer. Compensation that a member receives for being in standby status is also compensation earnable, subject to the conditions of this subsection. A member is in standby status when not being paid for time actually worked and only when both of the following conditions exist: (i) The member is required to be present at, or in the immediate vicinity of, a specified location; and (ii) the employer requires the member to be prepared to report immediately for work, if the need arises, although the need may not arise. Standby compensation is regular salary for the purposes of RCW 41.50.150(2).
(A) "Compensation earnable" for plan I members also includes the following actual or imputed payments, which are not paid for personal services:
(I) Retroactive payments to an individual by an employer on reinstatement of the employee in a position, or payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wage which the individual would have earned during a payroll period shall be considered compensation earnable and the individual shall receive the equivalent service credit;
(II) If a leave of absence is taken by an individual for the purpose of serving in the state legislature, the salary which would have been received for the position from which the leave of absence was taken, shall be considered as compensation earnable if the employee's contribution is paid by the employee and the employer's contribution is paid by the employer or employee.
(III) Assault pay only as authorized by RCW 27.04.100, 72.01.045, and 72.09.240;
(IV) Compensation that a member would have received but for a disability occurring in the line of duty only as authorized by RCW 41.40.038; and
(V) Compensation that a member receives due to participation in the leave sharing program only as authorized by RCW 41.04.650 through 41.04.670.
(B) "Compensation earnable" does not include:
(I) Remuneration for unused sick leave authorized under RCW 41.04.340, 28A.400.210, or 28A.310.490;
(II) Remuneration for unused annual leave in excess of thirty days as authorized by RCW 43.01.044 and 43.01.041.
(b) "Compensation earnable" for plan II members, means salaries or wages earned by a member during a payroll period for personal services, including overtime payments, and shall include wages and salaries deferred under provisions established pursuant to sections 403(b), 414(h), and 457 of the United States Internal Revenue Code, but shall exclude nonmoney maintenance compensation and lump sum or other payments for deferred annual sick leave, unused accumulated vacation, unused accumulated annual leave, or any form of severance pay. Compensation that a member receives for being in standby status is also compensation earnable, subject to the conditions of this subsection. A member is in standby status when not being paid for time actually worked and only when both of the following conditions exist: (i) The member is required to be present at, or in the immediate vicinity of, a specified location; and (ii) the employer requires the member to be prepared to report immediately for work, if the need arises, although the need may not arise. Standby compensation is regular salary for the purposes of RCW 41.50.150(2).
"Compensation earnable" for plan II members also includes the following actual or imputed payments, which are not paid for personal services:
(A) Retroactive payments to an individual by an employer on reinstatement of the employee in a position, or payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wage which the individual would have earned during a payroll period shall be considered compensation earnable to the extent provided above, and the individual shall receive the equivalent service credit;
(B) In any year in which a member serves in the legislature, the member shall have the option of having such member's compensation earnable be the greater of:
(I) The compensation earnable the member would have received had such member not served in the legislature; or
(II) Such member's actual compensation earnable received for nonlegislative public employment and legislative service combined. Any additional contributions to the retirement system required because compensation earnable under (b)(ii)(B)(II) of this subsection is greater than compensation earnable under (b)(ii)(B)(I) of this subsection shall be paid by the member for both member and employer contributions;
(C) Assault pay only as authorized by RCW 27.04.100, 72.01.045, and 72.09.240;
(D) Compensation that a member would have received but for a disability occurring in the line of duty only as authorized by RCW 41.40.038; and
(E) Compensation that a member receives due to participation in the leave sharing program only as authorized by RCW 41.04.650 through 41.04.670.
(9)(a) "Service" for plan I members, except as provided in RCW 41.40.088, means periods of employment in an eligible position or positions for one or more employers rendered to any employer for which compensation is paid, and includes time spent in office as an elected or appointed official of an employer. Compensation earnable earned in full time work for seventy hours or more in any given calendar month shall constitute one service credit month except as provided in RCW 41.40.088. Compensation earnable earned for less than seventy hours in any calendar month shall constitute one-quarter service credit month of service except as provided in RCW 41.40.088. Only service credit months and one-quarter service credit months shall be counted in the computation of any retirement allowance or other benefit provided for in this chapter. Any fraction of a year of service shall be taken into account in the computation of such retirement allowance or benefits. Time spent in standby status, whether compensated or not, is not service.
(i) Service by a state employee officially assigned by the state on a temporary basis to assist another public agency, shall be considered as service as a state employee: PROVIDED, That service to any other public agency shall not be considered service as a state employee if such service has been used to establish benefits in any other public retirement system.
(ii) An individual shall receive no more than a total of twelve service credit months of service during any calendar year. If an individual is employed in an eligible position by one or more employers the individual shall receive no more than one service credit month during any calendar month in which multiple service for seventy or more hours is rendered.
(iii) A school district employee may count up to forty-five days of sick leave as creditable service solely for the purpose of determining eligibility to retire under RCW 41.40.180 as authorized by RCW 28A.400.300. For purposes of plan I "forty-five days" as used in RCW 28A.400.300 is equal to two service credit months. Use of less than forty-five days of sick leave is creditable as allowed under this subsection as follows:
(A) Less than twenty-two days equals one-quarter service credit month;
(B) Twenty-two days equals one service credit month;
(C) More than twenty-two days but less than forty-five days equals one and one-quarter service credit month.
(b) "Service" for plan II members, means periods of employment by a member in an eligible position or positions for one or more employers for which compensation earnable is paid. Compensation earnable earned for ninety or more hours in any calendar month shall constitute one service credit month except as provided in RCW 41.40.088. Compensation earnable earned for at least seventy hours but less than ninety hours in any calendar month shall constitute one-half service credit month of service. Compensation earnable earned for less than seventy hours in any calendar month shall constitute one-quarter service credit month of service. Time spent in standby status, whether compensated or not, is not service.
Any fraction of a year of service shall be taken into account in the computation of such retirement allowance or benefits.
(i) Service in any state elective position shall be deemed to be full time service, except that persons serving in state elective positions who are members of the teachers' retirement system or law enforcement officers' and fire fighters' retirement system at the time of election or appointment to such position may elect to continue membership in the teachers' retirement system or law enforcement officers' and fire fighters' retirement system.
(ii) A member shall receive a total of not more than twelve service credit months of service for such calendar year. If an individual is employed in an eligible position by one or more employers the individual shall receive no more than one service credit month during any calendar month in which multiple service for ninety or more hours is rendered.
(iii) Up to forty-five days of sick leave may be creditable as service solely for the purpose of determining eligibility to retire under RCW 41.40.180 as authorized by RCW 28A.400.300. For purposes of plan II "forty-five days" as used in RCW 28A.400.300 is equal to two service credit months. Use of less than forty-five days of sick leave is creditable as allowed under this subsection as follows:
(A) Less than eleven days equals one-quarter service credit month;
(B) Eleven or more days but less than twenty-two days equals one-half service credit month;
(C) Twenty-two days equals one service credit month;
(D) More than twenty-two days but less than thirty-three days equals one and one-quarter service credit month;
(E) Thirty-three or more days but less than forty-five days equals one and one-half service credit month.
(10) "Service credit year" means an accumulation of months of service credit which is equal to one when divided by twelve.
(11) "Service credit month" means a month or an accumulation of months of service credit which is equal to one.
(12) "Prior service" means all service of an original member rendered to any employer prior to October 1, 1947.
(13) "Membership service" means:
(a) All service rendered, as a member, after October 1, 1947;
(b) All service after October 1, 1947, to any employer prior to the time of its admission into the retirement system((: PROVIDED, That an amount equal to the employer and employee contributions which would have been paid to the retirement system on account of such service shall have been paid to the retirement system with interest (as computed by the department) on the employee's portion prior to retirement of such person, by the employee or his or her employer, except as qualified by RCW 41.40.023: PROVIDED FURTHER, That employer contributions plus employee contributions with interest submitted by the employee under this subsection shall be placed in the employee's individual account in the employees' savings fund and be treated as any other contribution made by the employee, with the exception that the contributions submitted by the employee in payment of the employer's obligation, together with the interest the director may apply to the employer's contribution, shall be excluded from the calculation of the member's annuity in the event the member selects a benefit with an annuity option)) for which member and employer contributions, plus interest as required by RCW 41.50.125, have been paid under section 2 or 3 of this act;
(c) Service not to exceed six consecutive months of probationary service rendered after April 1, 1949, and prior to becoming a member, in the case of any member, upon payment in full by such member of the total amount of the employer's contribution to the retirement fund which would have been required under the law in effect when such probationary service was rendered if the member had been a member during such period, except that the amount of the employer's contribution shall be calculated by the director based on the first month's compensation earnable as a member;
(d) Service not to exceed six consecutive months of probationary service, rendered after October 1, 1947, and before April 1, 1949, and prior to becoming a member, in the case of any member, upon payment in full by such member of five percent of such member's salary during said period of probationary service, except that the amount of the employer's contribution shall be calculated by the director based on the first month's compensation earnable as a member.
(14)(a) "Beneficiary" for plan I members, means any person in receipt of a retirement allowance, pension or other benefit provided by this chapter.
(b) "Beneficiary" for plan II members, means any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer by another person.
(15) "Regular interest" means such rate as the director may determine.
(16) "Accumulated contributions" means the sum of all contributions standing to the credit of a member in the member's individual account, including any amount paid under RCW 41.50.165(2), together with the regular interest thereon.
(17)(a) "Average final compensation" for plan I members, means the annual average of the greatest compensation earnable by a member during any consecutive two year period of service credit months for which service credit is allowed; or if the member has less than two years of service credit months then the annual average compensation earnable during the total years of service for which service credit is allowed.
(b) "Average final compensation" for plan II members, means the member's average compensation earnable of the highest consecutive sixty months of service credit months prior to such member's retirement, termination, or death. Periods constituting authorized leaves of absence may not be used in the calculation of average final compensation except under RCW 41.40.710(2).
(18) "Final compensation" means the annual rate of compensation earnable by a member at the time of termination of employment.
(19) "Annuity" means payments for life derived from accumulated contributions of a member. All annuities shall be paid in monthly installments.
(20) "Pension" means payments for life derived from contributions made by the employer. All pensions shall be paid in monthly installments.
(21) "Retirement allowance" means the sum of the annuity and the pension.
(22) "Employee" means any person who may become eligible for membership under this chapter, as set forth in RCW 41.40.023.
(23) "Actuarial equivalent" means a benefit of equal value when computed upon the basis of such mortality and other tables as may be adopted by the director.
(24) "Retirement" means withdrawal from active service with a retirement allowance as provided by this chapter.
(25) "Eligible position" means:
(a) Any position that, as defined by the employer, normally requires five or more months of service a year for which regular compensation for at least seventy hours is earned by the occupant thereof. For purposes of this chapter an employer shall not define "position" in such a manner that an employee's monthly work for that employer is divided into more than one position;
(b) Any position occupied by an elected official or person appointed directly by the governor for which compensation is paid.
(26) "Ineligible position" means any position which does not conform with the requirements set forth in subsection (25) of this section.
(27) "Leave of absence" means the period of time a member is authorized by the employer to be absent from service without being separated from membership.
(28) "Totally incapacitated for duty" means total inability to perform the duties of a member's employment or office or any other work for which the member is qualified by training or experience.
(29) "Retiree" means any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer while a member. A person is in receipt of a retirement allowance as defined in subsection (21) of this section or other benefit as provided by this chapter when the department mails, causes to be mailed, or otherwise transmits the retirement allowance warrant.
(30) "Director" means the director of the department.
(31) "State elective position" means any position held by any person elected or appointed to state-wide office or elected or appointed as a member of the legislature.
(32) "State actuary" or "actuary" means the person appointed pursuant to RCW 44.44.010(2).
(33) "Plan I" means the public employees' retirement system, plan I providing the benefits and funding provisions covering persons who first became members of the system prior to October 1, 1977.
(34) "Plan II" means the public employees' retirement system, plan II providing the benefits and funding provisions covering persons who first became members of the system on and after October 1, 1977.
(35) "Index" means, for any calendar year, that year's annual average consumer price index, Seattle, Washington area, for urban wage earners and clerical workers, all items, compiled by the bureau of labor statistics, United States department of labor.
(36) "Index A" means the index for the year prior to the determination of a postretirement adjustment.
(37) "Index B" means the index for the year prior to index A.
(38) "Index year" means the earliest calendar year in which the index is more than sixty percent of index A.
(39) "Adjustment ratio" means the value of index A divided by index B.
NEW SECTION. Sec. 2. A new section is added to chapter 41.40 RCW under the subchapter heading "PROVISIONS APPLICABLE TO PLAN I AND PLAN II" to read as follows:
Except as qualified by RCW 41.40.023, for employers that were admitted into the retirement system before the effective date of this act, membership service may be established for the employer's former employees who are active members of the system if the member or member's former employer pays an amount equal to the employer and member contributions which would have been paid to the retirement system on account of such service to the retirement system. Payment shall be made prior to the retirement of such member.
Payments submitted by the member under this section shall be placed in the member's individual account in the members' savings fund and be treated as any other contribution made by the member, with the exception that the contributions submitted by the member in payment of the employer's obligation, together with the interest the director may apply to the employer's contribution, shall be excluded from the calculation of the member's annuity in the event the member selects a benefit with an annuity option.
NEW SECTION. Sec. 3. A new section is added to chapter 41.40 RCW under the subchapter heading "PROVISIONS APPLICABLE TO PLAN I AND PLAN II" to read as follows:
(1) This section applies to the establishment of membership service with employers admitted to the retirement system after the effective date of this act.
(2) For current employees, membership service may be established for periods of employment with an employer prior to the employer's admission into the retirement system by making the payments required by this section.
The employer must select one of the options in this subsection and apply it uniformly, except as provided in subsection (3) of this section. The required payment shall include the total member and employer contributions that would have been required from the date of each current member's hire.
(a) Option A: The employer makes all the required payments within fifteen years from the date of the employer's admission.
(b) Option B: The employer makes a portion of the required payments and the member pays the balance. The employer shall not be required to make its payments until the member has made his or her payments. Each member shall have the option to purchase the membership service.
(c) Option C: The member makes all of the required payments. Each member shall have the option to purchase the membership service.
All payments under options B and C of this subsection must be completed within five years from the date of the employer's admission, or prior to the retirement of the member, whichever occurs sooner. A member may not receive membership service credit under option B or C of this subsection until all required payments have been made.
(3) An employer shall not be required to purchase membership service under option A or B for periods of employment for which the employer made contributions to a qualified retirement plan as defined by 26 U.S.C. Sec. 401(a), if the contributions plus interest accrued cannot be transferred to the retirement system. If the employer does not purchase the membership credit under this subsection, the member may purchase the membership service under subsection (2)(c) of this section.
(4) A former employee who is an active member of the system and is not covered by subsection (2) of this section may establish membership service by making the required payments under subsection (2)(c) of this section prior to the retirement of the member.
(5) All payments made by the member under this section shall be placed in the member's individual account in the members' savings fund.
Sec. 4. RCW 41.40.062 and 1991 c 35 s 93 are each amended to read as follows:
(1) The members and appointive and elective officials of any political subdivision or association of political subdivisions of the state may become members of the retirement system by the approval of the local legislative authority.
(2) On and after September 1, 1965, every school district of the state of Washington shall be an employer under this chapter. Every member of each school district who is eligible for membership under RCW 41.40.023 shall be a member of the retirement system and participate on the same basis as a person who first becomes a member through the admission of any employer into the retirement system on and after April 1, 1949.
(((3) Each political subdivision becoming an employer under the meaning of this chapter shall make contributions to the funds of the retirement system as provided in RCW 41.50.250, 41.40.045, and 41.40.048 and its employees shall contribute to the employees' savings fund at the rate established under the provisions of RCW 41.40.330. In addition to the foregoing requirement, where the political subdivision becoming an employer under this section has its own retirement plan, any of the employee members thereof who may elect to transfer to this retirement system may, if permitted by the plan, withdraw all or any part of their employees' contributions to the former plan and transfer the funds to the employees' savings fund at the time of their transfer of membership. Any portion of the employees' savings fund not withdrawn shall be transferred by the employer to the retirement system over a period not to exceed fifteen years. The length of the transfer period and the method of payment to be utilized during that period shall be established by agreement between the department and the political subdivision. Employers making deferred payments of employee funds under this section shall transfer an additional amount equal to the interest that would have been credited to each employee's savings fund had his or her contributions been transferred to the state retirement system's employee savings fund on the date the political subdivision became an employer under this section. Any funds remaining in the employer's former retirement plan after all obligations of the plan have been provided for, as evidenced by appropriate actuarial study, shall be disposed of by the governing body of the political subdivision in such manner as it deems appropriate. For the purpose of administering and interpreting this chapter the department may substitute the names of political subdivisions of the state for the "state" and employees of the subdivisions for "state employees" wherever those terms appear in this chapter. The department may also alter any dates mentioned in this chapter for the purpose of making the provisions of the chapter applicable to the entry of any political subdivisions into the system. Any member transferring employment to another employer which is covered by the retirement system may continue as a member without loss of previously earned pension and annuity benefits. The department shall keep accounts as are necessary to show the contributions of each political subdivision to the benefit account fund and shall have the power to debit and credit the various accounts in accordance with the transfer of the members from one employer to another.
(4) Employees of a political subdivision, maintaining its own retirement system, who have been transferred to a health district formed pursuant to chapter 70.46 RCW, but who have been allowed to remain members of the political subdivision's retirement system may be transferred as a group to the Washington public employees' retirement system. This transfer may be made by the action of the legislative authority of the political subdivision maintaining its own retirement system. This transfer shall include employer's and member's funds in the transferring municipalities' retirement system.
(5) Employees of a political subdivision, maintaining its own retirement system, heretofore transferred to a joint airport operation of two municipalities pursuant to chapter 14.08 RCW, may be transferred as a group to the Washington public employees' retirement system. This transfer may be made by the action of the legislative authority of the political subdivision maintaining its own retirement system. This transfer shall include employer's and member's funds in the transferring municipalities' retirement system.))
Sec. 5. RCW 41.40.160 and 1991 c 35 s 77 are each amended to read as follows:
(1) Subject to the provisions of RCW 41.40.150, at retirement the total service credited to a member shall consist of all membership service and, if he or she is an original member, all of the certified prior service.
(2) Employees of a public utility or other private enterprise all or any portion of which has been heretofore or may be hereafter acquired by a public agency as a matter of public convenience and necessity, where it is in the public interest to retain the trained personnel of such enterprise, all service to that enterprise shall, upon the acquiring public agency becoming an employer as defined in RCW 41.40.010(4) be credited on the same basis as if rendered to the said employer: PROVIDED, That this shall apply only to those employees who were in the service of the enterprise at or prior to the time of acquisition by the public agency and who remain in the service of the acquiring agency until they attain membership in the state employees' retirement system; and to those employees who were in the service of the enterprise at the time of acquisition by the public agency and subsequently attain membership through employment with any participating agency: PROVIDED FURTHER, In the event that the acquiring agency is an employer at the time of the acquisition, employer's contributions in connection with members achieving service credit hereunder shall be made on the same basis as set forth in RCW 41.40.045 and 41.40.048 for an employer admitted after April 1, 1949, and before the effective date of this act, and on the same basis as set forth in section 3 of this act for an employer admitted after the effective date of this act.
NEW SECTION. Sec. 6. RCW 41.40.045 and 1989 c 273 s 22, 1986 c 268 s 4, 1973 1st ex.s. c 190 s 13, 1972 ex.s. c 151 s 14, 1971 ex.s. c 271 s 11, 1963 c 174 s 15, 1961 c 291 s 11, & 1957 c 231 s 4 are each repealed."
MOTION
On motion of Senator West, further consideration of Substitute House Bill No. 1430 was deferred.
SECOND READING
HOUSE BILL NO. 1450, by Representatives Appelwick and Padden
Including certain judgments to be summarized.
The bill was read the second time.
MOTION
On motion of Senator West, the rules were suspended, House Bill No. 1450 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTIONS
On motion of Senator Spanel, Senator Wojahn was excused.
On motion of Senator Ann Anderson, Senators Finkbeiner and Johnson were excused.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1450.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1450 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Haugen, Heavey, Hochstatter, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 41.
Excused: Senators Anderson, C., Finkbeiner, Hargrove, Johnson, McCaslin, Owen, Pelz and Wojahn - 8.
HOUSE BILL NO. 1450, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
There being no objection, the Senate resumed consideration of Substitute House Bill No. 1430 and the pending striking amendment by Senators Bauer and Rinehart, deferred earlier today.
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Bauer and Rinehart to Substitute House Bill No. 1430.
The motion by Senator Bauer carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Bauer, the following title amendment was adopted:
On page 1, line 2 of the title, after "contributions;" strike the remainder of the title and insert "amending RCW 41.40.062 and 41.40.160; reenacting and amending RCW 41.40.010; adding new sections to chapter 41.40 RCW; and repealing RCW 41.40.045."
On motion of Senator Bauer, the rules were suspended, Substitute House Bill No. 1430, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Loveland, Senator Franklin was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1430, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1430, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 0; Excused, 9.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Fraser, Gaspard, Hale, Haugen, Heavey, Hochstatter, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 40.
Excused: Senators Anderson, C., Finkbeiner, Franklin, Hargrove, Johnson, McCaslin, Owen, Pelz and Wojahn - 9.
SUBSTITUTE HOUSE BILL NO. 1430, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1532, by Representatives Dyer, Dellwo, Ballasiotes, Cody, Cooke and Thibaudeau
Modifying certification of mental health counselors.
The bill was read the second time.
MOTION
On motion of Senator Quigley, the rules were suspended, House Bill No. 1532 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1532.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1532 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 0; Excused, 9.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Fraser, Gaspard, Hale, Haugen, Heavey, Hochstatter, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 40.
Excused: Senators Anderson, C., Finkbeiner, Franklin, Hargrove, Johnson, McCaslin, Owen, Pelz and Wojahn - 9.
HOUSE BILL NO. 1532, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1336, by House Committee on Higher Education (originally sponsored by Representatives Jacobsen, Carlson, Mastin and Basich)
Requiring institutions of higher education to report on precollege class enrollments.
The bill was read the second time.
MOTIONS
On motion of Senator Bauer, the following Committee on Higher Education amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 28B.10 RCW to read as follows:
The legislature finds that some college students who have recently graduated from high school must immediately enroll in one or more precollege classes before they can proceed successfully through college. The legislature also finds that these students should have received basic skills in English, reading, spelling, grammar, and mathematics before graduating from high school. It is the intent of the legislature that colleges and universities provide information to school districts about recent graduates who enroll in precollege classes. It is also the intent of the legislature to encourage institutions of higher education and the common schools to work together to solve problems of common concern.
NEW SECTION. Sec. 2. By June 30, 1996, in consultation with the commission on student learning, the superintendent of public instruction, the state board of education, faculty, teachers from institutions of higher education and high schools, and others as appropriate, the higher education coordinating board shall adopt common definitions of remedial and precollege material and course work. The definitions adopted by the board shall be rigorous, challenging students to come to college well prepared to engage in college and university work, and shall be adopted by each institution of higher education as defined in RCW 28B.10.016.
NEW SECTION. Sec. 3. A new section is added to chapter 28B.10 RCW to read as follows:
Beginning in 1997, by September 30th of each year, each state university, regional university, state college, and, for community colleges and technical colleges, the state board for community and technical colleges shall provide a report to the office of the superintendent of public instruction, the state board of education, and the commission on student learning under RCW 28A.630.885. The report shall contain the following information on students who, within three years of graduating from a Washington high school, enrolled the prior year in a state-supported precollege level class at the institution: (1) The number of such students enrolled in a precollege level class in mathematics, reading, grammar, spelling, writing, or English; (2) the types of precollege classes in which each student was enrolled; and (3) the name of the Washington high school from which each student graduated.
For students who enrolled in a precollege class within three years of graduating from a Washington high school, each institution of higher education shall also report to the Washington high school from which the student graduated. The annual report shall include information on the number of students from that high school enrolled in precollege classes, and the types of classes taken by the students."
On motion of Senator Bauer, the following title amendment was adopted:
On page 1, line 2 of the title, after "education;" strike the remainder of the title and insert "adding new sections to chapter 28B.10 RCW; and creating a new section."
MOTION
On motion of Senator Bauer, the rules were suspended, Substitute House Bill No. 1336, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Kohl, Senator Heavey was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1336, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1336, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 0; Excused, 9.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Fraser, Gaspard, Hale, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 40.
Excused: Senators Anderson, C., Finkbeiner, Franklin, Hargrove, Heavey, McCaslin, Owen, Pelz and Wojahn - 9.
SUBSTITUTE HOUSE BILL NO. 1336, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1140, by House Committee on Corrections (originally sponsored by Representatives Ballasiotes, Horn, Blanton, Costa and Honeyford)
Revising procedures for using criminal history in sentencing of offenders.
The bill was read the second time.
MOTION
Senator Smith moved that the following Committee on Law and Justice amendments be considered simultaneously and be adopted:
On page 2, line 5, after "any" insert "gross misdemeanor or felony"
On page 2, line 11, after "committing any" insert "gross misdemeanor or felony"
On page 2, line 17, after "committing any" insert "gross misdemeanor or felony"
MOTION
On motion of Senator Smith, further consideration of Substitute House Bill No. 1140 was deferred.
MOTION
On motion of Senator Ann Anderson, Senator Cantu was excused.
SECOND READING
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1009, by House Committee on Appropriations (originally sponsored by Representatives Chandler, Skinner, Kremen, Delvin, Schoesler, Mastin, Chappell, Grant, Foreman, D. Schmidt, Boldt, Clements and Stevens)
Establishing a commission on pesticide registration.
The bill was read the second time.
MOTIONS
On motion of Senator Rasmussen, the following Committee on Agriculture, Agricultural Trade and Development amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 15.92 RCW to read as follows:
(1) A commission on pesticide registration is established. The commission shall be composed of twelve voting members appointed by the governor as follows:
(a) Eight members from the following segments of the state's agricultural industry as nominated by a state-wide private agricultural association or agricultural commodity commission formed under Title 15 RCW: (i) The tree fruit industry; (ii) hop growers; (iii) potato growers; (iv) wheat growers; (v) vegetable and seed growers; (vi) berry growers; (vii) wine grape growers; and (viii) the nursery and landscape industry. Although members are appointed from various segments of the agriculture industry, they are appointed to represent and advance the interests of the industry as a whole.
(b) One member from each of the following: (i) Forest protection industry; (ii) food processors; (iii) agricultural chemical industry; and (iv) professional pesticide applicators. One member shall be appointed for each such segment of the industry and shall be nominated by a state-wide, private association of that segment of the industry. The representative of the agricultural chemical industry shall be involved in the manufacture of agricultural crop protection products.
The following shall be ex officio, nonvoting members of the commission: The coordinator of the interregional project number four at Washington State University; the director of the department of ecology or the director's designee; the director of the department of agriculture or the director's designee; the director of the department of labor and industries or the director's designee, and the secretary of the department of health or the secretary's designee.
(2) Each voting member of the commission shall serve a term of three years. However, the first appointments in the first year shall be made by the governor for one, two, and three-year terms so that, in subsequent years, approximately one-third of the voting members shall be appointed each year. The governor shall assign the initial one, two, and three-year terms to members by lot. A vacancy shall be filled by appointment for the unexpired term in the same manner provided for an appointment to the full term. No member of the commission may be removed by the governor during his or her term of office unless for cause of incapacity, incompetence, neglect of duty, or malfeasance in office. Each member of the commission shall receive travel expenses in accordance with RCW 43.03.050 and 43.03.060 for attending meetings of the commission and for performing special duties, in the way of official commission business, specifically assigned to the person by the commission. The voting members of the commission serve without compensation from the state other than such travel expenses.
(3) Nominations for the initial appointments to the commission under subsection (1) of this section shall be submitted by September 1, 1995. The governor shall make initial appointments to the commission by October 15, 1995.
(4) The commission shall elect a chair from among its voting members each calendar year. After its original organizational meeting, the commission shall meet at the call of the chair. A majority of the voting members of the commission constitutes a quorum and an official action of the commission may be taken by a majority vote of the voting members.
NEW SECTION. Sec. 2. A new section is added to chapter 15.92 RCW to read as follows:
(1) The following apply to the use of state moneys appropriated to Washington State University specifically and expressly for studies or activities regarding the registration of pesticides:
(a) The moneys may not be expended without the express approval of the commission on pesticide registration;
(b) The moneys may be used for: (i) Evaluations, studies, or investigations approved by the commission on pesticide registration regarding the registration or reregistration of pesticides for minor crops or minor uses or regarding the availability of pesticides for emergency uses. These evaluations, studies, or investigations may be conducted by the food and environmental quality laboratory or may be secured by the commission from other qualified laboratories, researchers, or contractors by contract, which contracts may include, but are not limited to, those purchasing the use of proprietary information; (ii) the tracking system described in RCW 15.92.060; and (iii) the support of the commission on pesticide registration and its activities; and
(c) Not less than twenty-five percent of such moneys shall be dedicated to studies or investigations concerning the registration or use of pesticides for crops that are not among the top twenty agricultural commodities in production value produced in the state, as determined annually by the Washington agricultural statistics service.
(2) The commission on pesticide registration shall establish priorities to guide it in approving the use of moneys for evaluations, studies, and investigations under this section. Each biennium, the commission shall prepare a contingency plan for providing funding for laboratory studies or investigations that are necessary to pesticide registrations or related processes that will address emergency conditions for agricultural crops that are not generally predicted at the beginning of the biennium.
NEW SECTION. Sec. 3. A new section is added to chapter 15.92 RCW to read as follows:
The commission on pesticide registration shall:
(1) Provide guidance to the food and environmental quality laboratory established in RCW 15.92.050 regarding the laboratory's studies, investigations, and evaluations concerning the registration of pesticides for use in this state for minor crops and minor uses and concerning the availability of pesticides for emergency uses;
(2) Encourage agricultural organizations to assist in providing funding, in-kind services, or materials for laboratory studies and investigations concerning the registration of pesticides for minor crops and minor uses that would benefit the organizations;
(3) Provide guidance to the laboratory regarding a program for: Tracking the availability of effective pesticides for minor crops, minor uses, and emergency uses; providing this information to organizations of agricultural producers; and maintaining close contact between the laboratory, the department of agriculture, and organizations of agricultural producers regarding the need for research to support the registration of pesticides for minor crops and minor uses and the availability of pesticides for emergency uses;
(4) Ensure that the activities of the commission and the laboratory are coordinated with the activities of other laboratories in the Pacific Northwest, the United States department of agriculture, and the United States environmental protection agency to maximize the effectiveness of regional efforts to assist in the registration of pesticides for minor crops and minor uses and in providing for the availability of pesticides for emergency uses for the region and the state; and
(5) Ensure that prior to approving any residue study that there is written confirmation of registrant support and willingness or ability to add the given minor crop to its label including any restrictions or guidelines the registrant intends to impose.
Sec. 4. RCW 15.92.010 and 1991 c 341 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) "Agricultural commodity" means any distinctive type of agricultural, horticultural, viticultural, floricultural, vegetable, or animal product, including but not limited to, products qualifying as organic food products under chapter 15.86 RCW, private sector cultured aquatic products as defined in RCW 15.85.020, bees and honey, and Christmas trees but not including timber or timber products.
(2) "Center" means the center for sustaining agriculture and natural resources established at Washington State University.
(((2))) (3) "Laboratory" means the food and environmental quality laboratory established at Washington State University at Tri-Cities.
(((3))) (4) "Integrated pest management" is a strategy that uses various combinations of pest control methods, biological, cultural, and chemical, in a compatible manner to achieve satisfactory control and ensure favorable economic and environmental consequences.
(((4))) (5) "IR-4 program" means interregional research project number four, clearances of chemicals and biologics for minor or special uses, established in 1963 by the cooperative state research service of the United States department of agriculture, the coordinated national program involving land-grant universities and the United States department of agriculture to provide data required for the registration of pesticides needed for the production of minor crops.
(((5))) (6) "Minor crop" means an agricultural crop considered to be minor in the national context of registering pesticides.
(7) "Minor use" means a pesticide use considered to be minor in the national context of registering pesticides including, but not limited to, a use for a special local need.
(8) "Natural resources" means soil, water, air, forests, wetlands, wildlands, and wildlife.
(((6))) (9) "Pesticide" means chemical or biologic used to control pests such as insect, rodent, nematode, snail, slug, weed, virus, or any organism the director of agriculture may declare to be a pest.
(((7))) (10) "Registration" means use of a pesticide approved by the state department of agriculture.
(((8))) (11) "Sustainable agriculture" means a systems approach to farming, ranching, and natural resource production that builds on and supports the physical, biological, and ecological resource base upon which agriculture depends. The goals of sustainable agriculture are to provide human food and fiber needs in an economically viable manner for the agriculture industry and in a manner which protects the environment and contributes to the overall safety and quality of life.
Sec. 5. RCW 15.92.060 and 1991 c 341 s 7 are each amended to read as follows:
The responsibilities of the laboratory shall include:
(1) Evaluating regional requirements for minor crop registration through the federal IR-4 program;
(2) Providing a program for tracking the availability of effective pesticides for minor crops, minor uses, and emergency uses in this state;
(3) Conducting studies on the fate of pesticides on crops and in the environment, including soil, air, and water;
(((3))) (4) Improving pesticide information and education programs; ((and
(4))) (5) Assisting federal and state agencies with questions regarding registration of pesticides which are deemed critical to crop production, consistent with priorities established in RCW 15.92.070; and
(((5))) (6) Assisting in the registration of biopesticides, pheromones, and other alternative chemical and biological methods.
NEW SECTION. Sec. 6. A new section is added to chapter 15.92 RCW to read as follows:
By December 15, 2002, the commission shall file with the legislature a report on the activities supported by the commission for the period beginning on the effective date of this act and ending on December 1, 2002. The report shall include an identification of: The priorities that have been set by the commission; the state appropriations made to Washington State University that have been within the jurisdiction of the commission; the evaluations, studies, and investigations funded in whole or in part by such moneys and the registrations and uses of pesticides made possible in large part by those evaluations, studies, and investigations; the matching moneys, in-kind services, and materials provided by agricultural organizations for those evaluations, studies, and investigations; and the program or programs for tracking pesticide availability provided by the laboratory under the guidance of the commission and the means used for providing this information to organizations of agricultural producers.
During the regular session of the legislature in the year 2003, the appropriate committees of the house of representatives and senate shall evaluate the effectiveness of the commission in fulfilling its statutory responsibilities.
NEW SECTION. Sec. 7. A new section is added to chapter 15.92 RCW to read as follows:
The commission on pesticide registration, and Washington State University on behalf of the commission, may receive such gifts, grants, and endowments from public or private sources as may be used from time to time, in trust or otherwise, for the use and benefit of the commission and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments.
"On motion of Senator Rasmussen, the following title amendment was adopted:
On page 1, line 1 of the title, after "registration;" strike the remainder of the title and insert "amending RCW 15.92.010 and 15.92.060; and adding new sections to chapter 15.92 RCW."
MOTION
On motion of Senator Rasmussen, the rules were suspended, Engrossed Second Substitute House Bill No. 1009, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute House Bill No. 1009, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 1009, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 39; Nays, 0; Absent, 1; Excused, 9.
Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Fraser, Gaspard, Hale, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 39.
Absent: Senator Rinehart - 1.
Excused: Senators Anderson, C., Cantu, Finkbeiner, Franklin, Hargrove, Heavey, McCaslin, Owen and Pelz - 9.
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1009, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1389, by House Committee on Health Care (originally sponsored by Representatives Dyer and Morris)
Concerning the supervision of apprentice opticians.
The bill was read the second time.
MOTION
On motion of Senator Quigley, the rules were suspended, Engrossed Substitute House Bill No. 1389 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1389.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1389 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 0; Excused, 9.
Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Fraser, Gaspard, Hale, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 40.
Excused: Senators Anderson, C., Cantu, Finkbeiner, Franklin, Hargrove, Heavey, McCaslin, Owen and Pelz - 9.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1389, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2036, by House Committee on Financial Institutions and Insurance (originally sponsored by Representative L. Thomas)
Concerning the sale of consumer credit unemployment insurance.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, Engrossed Substitute House Bill No. 2036 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2036.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2036 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 1; Absent, 0; Excused, 9.
Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fraser, Gaspard, Hale, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 39.
Voting nay: Senator Fairley - 1.
Excused: Senators Anderson, C., Cantu, Finkbeiner, Franklin, Hargrove, Heavey, McCaslin, Owen and Pelz - 9.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2036, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1610, by House Committee on Law and Justice (originally sponsored by Representatives Delvin, Costa, Ballasiotes, Padden, Tokuda, Kremen, Chappell, Morris, Campbell, Hatfield, Cody, Regala, Romero, Hickel, Sheldon, Robertson and Kessler)
Increasing involvement of victims in criminal prosecutions.
The bill was read the second time.
MOTIONS
On motion of Senator Smith, the following Committee on Law and Justice amendment was adopted:
On page 2, line 22, after "standards." strike all material through "standards." on line 26.
On motion of Senator Smith, the rules were suspended, Substitute House Bill No. 1610, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Rasmussen, Senator Bauer was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1610, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1610, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 0; Excused, 9.
Voting yea: Senators Anderson, A., Deccio, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 40.
Excused: Senators Anderson, C., Bauer, Cantu, Finkbeiner, Hargrove, Heavey, McCaslin, Owen and Pelz - 9.
SUBSTITUTE HOUSE BILL NO. 1610, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Spanel, the Senate reverted to the first order of business.
REPORTS OF STANDING COMMITTEES
April 10, 1995
SB 6058 Prime Sponsor, Senator Loveland: Modifying local public health governance and financing. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Substitute Senate Bill No. 6058 be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chairman; Loveland, Vice Chair; Bauer, Drew, Finkbeiner, Fraser, Hargrove, Hochstatter, Johnson, Long, McDonald, Pelz, Quigley, Roach, Sheldon, Snyder, Spanel, West and Wojahn.
Passed to Committee on Rules for second reading.
April 10, 1995
ESHB 1010 Prime Sponsor, House Committee on Government Operations: Implementing regulatory reform. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass as amended by Committee on Government Operations. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Drew, Finkbeiner, Hargrove, Hochstatter, Johnson, Long, McDonald, Roach, Sheldon, Snyder, Strannigan and West.
Passed to Committee on Rules for second reading.
MOTION
At 7:21 p.m., on motion of Senator Spanel, the Senate adjourned until 9:30 a.m., Wednesday, April 12, 1995.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate