HJ 96 047

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FORTY-SEVENTH DAY

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AFTERNOON SESSION

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House Chamber, Olympia, Friday, February 23, 1996

The House was called to order at 1:30 p.m. by the Speaker (Representative Robertson presiding). The Clerk called the roll and a quorum was present.

The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages James Clements and Daphane Reynolds. Prayer was offered by Reverend Cecil Thompson, Pastor of Summit Lake Community Church, Olympia.

Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.

There being no objection, the House advanced to the third order of business.

MESSAGES FROM THE SENATE

February 22, 1996

Mr. Speaker:

The Senate granted the request of the House for a conference on Substitute House Bill No. 2284. The President has appointed the following members as Conferees:

Senators Loveland, Stannigan and Rinehart

and the same is herewith transmitted.

Marty Brown, Secretary

February 21, 1996

Mr. Speaker:

The Senate has granted the request of the House for a conference on Engrossed Substitute House Bill No. 2345. The President has appointed the following members as Conferees:

Senators Rinehart, West and Loveland.

and the same is herewith transmitted.

Marty Brown, Secretary

February 23, 1996

Mr. Speaker:

The Senate has passed:

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2509,

and the same is herewith transmitted.

Marty Brown, Secretary

Representative Horn assumed the chair.

The Speaker assumed the chair.

There being no objection, the House advanced to the eighth order of business.

RESOLUTIONS

HOUSE RESOLUTION NO. 96-4725, by Representatives Carlson, Jacobsen, Brumsickle, Talcott, Hickel, Clements, Silver, Sehlin, Foreman, Sheahan, Basich, Grant, Linville, Valle, H. Sommers, Rust, Chappell, Lambert, Smith, Mulliken, Blanton, Scheuerman, Goldsmith, Mason, Benton, B. Thomas, L. Thomas, D. Schmidt, Crouse, Hankins, Cooke, Buck, Sherstad, Boldt, K. Schmidt, McMorris, Thompson, Carrell, Chandler, Robertson, Cairnes, Ballasiotes, Casada, Skinner, Pelesky, Campbell, Elliot, Hargrove, Lisk, Mitchell, Pennington, Johnson, Dyer, Poulsen, Dickerson, Hatfield, Morris, Ogden, Romero, Cole, R. Fisher, Murray, Cody, Tokuda, Chopp, Conway, Keiser, Scott, Regala, Costa, Dellwo, Wolfe, Veloria, Kessler, Appelwick, Quall, Sheldon, Patterson, Brown, Delvin, Schoesler, Stevens, Backlund, Horn, Radcliff, Honeyford and D. Sommers

WHEREAS, The students selected for special recognition as Washington Scholars in 1996 have distinguished themselves as exceptional students, student leaders, and as talented and enthusiastic participants in many diverse activities including art, debate, drama, honor societies, interscholastic sports, Junior Achievement, knowledge competitions, music, and student government; and

WHEREAS, These exemplary students have also contributed to the welfare of those less fortunate in their neighborhoods through volunteer efforts with community service organizations such as the United Way, Special Olympics, March of Dimes, Big Brothers, Big Sisters, community food drives, senior centers, scouting, and church groups; and

WHEREAS, The State of Washington benefits greatly from the accomplishments of these caring and gifted individuals, not only in their roles as students, but also as citizens, role models for other young people, and future leaders of our communities and our state; and

WHEREAS, Through the Washington Scholars Program, the Governor, the legislature, and the state's citizens have an opportunity to recognize and honor three outstanding seniors from each of the state's forty-nine legislative districts for the students' exceptional academic achievements, leadership abilities, and contributions to their communities;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives honor and congratulate the Washington Scholars for their hard work, dedication, contributions, and maturity in achieving this significant accomplishment; and

BE IT FURTHER RESOLVED, That the families of these students be commended for the encouragement and support they have provided to the scholars; and

BE IT FURTHER RESOLVED, That the principals, teachers, and classmates of these highly esteemed students be recognized for the important part they played in helping the scholars to learn, contribute, lead, and excel; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the chief clerk of the House of Representatives to each of the Washington Scholars selected in 1996.

Representative Carlson moved adoption of the resolution.

Representative Carlson spoke in favor of adoption of the resolution.

MOTION

On motion of Representative Carlson, Representatives Pennington, Benton, Campbell, Skinner and Dyer were excused.

House Resolution No. 4725 was adopted.

HOUSE RESOLUTION NO. 96-4727, by Representatives Chandler and Mulliken

WHEREAS, It is the policy of the Washington State Legislature to recognize excellence in all fields of endeavor; and

WHEREAS, Organized athletics promote in part the values necessary for scholastic and life success inasmuch as participation, contribution, and success in athletics hones, develops, and cultivates perseverance, dedication, sacrifice, teamwork, integrity, sportsmanship, loyalty, and spirit; and

WHEREAS, Built upon these core values, the Columbia Basin Junior River Dogs Baseball Team, Babe Ruth-16 year old division, has exhibited the highest standards of achievement by winning the Pacific Northwest Regional Tournament, held in Moses Lake, August 9-12, 1995; and

WHEREAS, The Columbia Basin Junior River Dogs Baseball Team, Babe Ruth-16 year old division, went on to become Baseball National Champions, Babe Ruth-16 year old division, by defeating all national contenders, on August 26, 1995; and

WHEREAS, The extraordinary achievements of the Columbia Basin Junior River Dogs Baseball Team, Babe Ruth-16 year old division, are due to the outstanding individual efforts of each team member; Duston Allard, Mitch Barker, Clancy Flynn, Jerry Gomez, Quirino Gonzales, Travis Ihli, Ben Kayser, Levi Meseberg, Bryan Miller, Don Swartz, Kory Thaut, and Tucker Urdahl; and

WHEREAS, These extraordinary achievements would not have been possible without the instruction, guidance, and leadership of Jerry Thaut, Manager, Rich Childress, Coach, Glenn Allard, Coach, and Bill Barker, Coach, nor without the unequivocal support and encouragement of family and friends, community members, and fans;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the State of Washington honor the highest level of excellence in achievement shown by the Columbia Basin Junior River Dogs Baseball Team, Babe Ruth-16 year old division, and for the shining example of inspiration such achievements have set for others; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to all team members, its manager, and coaches.

Representative Chandler moved adoption of the resolution.

Representative Chandler spoke in favor of adoption of the resolution.

House Resolution No. 4727 was adopted.

The Speaker declared the House to be at ease.

The Speaker called the House to order.

SECOND READING

HOUSE JOINT MEMORIAL NO. 4043, by Representatives Pennington, Basich, Fuhrman, Hatfield, Regala, Johnson, Robertson, Jacobsen, Hankins, Morris, Buck, Beeksma, Smith, Pelesky, Hargrove, Schoesler, Foreman, Hickel, Mitchell, Silver, Blanton, Ballasiotes, Carrell, Mulliken, Radcliff, Skinner, Hymes, Goldsmith, McMahan, Linville, D. Sommers, Conway, Scheuerman, Keiser, McMorris and Stevens

Petitioning Congress to restore Mitchell Act funding.

The memorial was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the memorial was placed on final passage.

Representatives Pennington and Hatfield spoke in favor of passage of the memorial.

MOTIONS

On motion of Representative Kessler, Representatives Chappell and Jacobsen were excused.

On motion of Representative Talcott, Representatives Horn and Honeyford were excused.

The Speaker stated the question before the House to be final passage of House Joint Memorial No. 4043.

ROLL CALL

The Clerk called the roll on the final passage of House Joint Memorial No. 4043 and the memorial passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Huff, Hymes, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 91.

Excused: Representatives Benton, Campbell, Chappell, Dyer, Honeyford, Horn and Jacobsen - 7.

House Joint Memorial No. 4043, having received the constitutional majority, was declared passed.

There being no objection, the House advanced to the fifth order of business.

REPORTS OF STANDING COMMITTEES

February 21, 1996

2SSB 5002 Prime Sponsor, Committee on Law & Justice: Making the assault of a nurse a felony. Reported by Committee on Law & Justice

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 9A.36.031 and 1990 c 236 s 1 are each amended to read as follows:

(1) A person is guilty of assault in the third degree if he or she, under circumstances not amounting to assault in the first or second degree:

(a) With intent to prevent or resist the execution of any lawful process or mandate of any court officer or the lawful apprehension or detention of himself or another person, assaults another; or

(b) Assaults a person employed as a transit operator or driver by a public or private transit company while that person is operating or is in control of a vehicle that is owned or operated by the transit company and that is occupied by one or more passengers; or

(c) Assaults a school bus driver employed by a school district or a private company under contract for transportation services with a school district while the driver is operating or is in control of a school bus that is occupied by one or more passengers; or

(d) With criminal negligence, causes bodily harm to another person by means of a weapon or other instrument or thing likely to produce bodily harm; or

(e) Assaults a fire fighter or other employee of a fire department, county fire marshal's office, county fire prevention bureau, or fire protection district who was performing his or her official duties at the time of the assault; or

(f) With criminal negligence, causes bodily harm accompanied by substantial pain that extends for a period sufficient to cause considerable suffering; or

(g) Assaults a law enforcement officer or other employee of a law enforcement agency who was performing his or her official duties at the time of the assault; or

(h) Assaults a nurse, a physician, or health care provider who was performing his or her nursing or health care duties at the time of the assault. For purposes of this subsection, "nurse" means a person licensed under chapter 18.79 RCW; "physician" means a person licensed under chapter 18.57 or 18.71 RCW; and "health care provider" means a person certified under chapter 18.71 or 18.73 RCW who performs emergency medical services or a person regulated under Title 18 RCW and employed by, or contracting with, a hospital licensed under chapter 70.41 RCW.

(2) Assault in the third degree is a class C felony."

Signed by Representatives Sheahan, Chairman; Delvin, Vice Chairman; Hickel, Vice Chairman; Dellwo, Ranking Minority Member; Costa, Assistant Ranking Minority Member; Carrell; Chappell; Cody; Lambert; McMahan; Morris; Murray; Robertson; Smith; Sterk and Veloria.

Voting Yea: Representatives Sheahan, Hickel, Delvin, Costa, Carrell, Chappell, Cody, Lambert, McMahan, Morris, Murray, Robertson, Smith, Sterk and Veloria.

Excused: Representatives Dellwo and Campbell.

Passed to Committee on Rules for second reading.

February 20, 1996

SSB 5250 Prime Sponsor, Committee on Transportation: Regulating collection of historic and special interest motor vehicles. Reported by Committee on Transportation

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds and declares that constructive leisure pursuits by Washington citizens is most important. This act is intended to encourage responsible participation in the hobby of collecting, preserving, restoring, and maintaining motor vehicles of historic and special interest, which hobby contributes to the enjoyment of the citizens and the preservation of Washington's automotive memorabilia.

NEW SECTION. Sec. 2. A new section is added to chapter 46.04 RCW to read as follows:

"Collector" means the owner of one or more vehicles described in RCW 46.16.305(1) who collects, purchases, acquires, trades, or disposes of the vehicle or parts of it, for his or her personal use, in order to preserve, restore, and maintain the vehicle for hobby or historical purposes.

NEW SECTION. Sec. 3. A new section is added to chapter 46.04 RCW to read as follows:

"Parts car" means a motor vehicle that is owned by a collector to furnish parts for restoration or maintenance of a vehicle described in RCW 46.16.305(1), thus enabling a collector to preserve, restore, and maintain such a vehicle.

NEW SECTION. Sec. 4. A new section is added to chapter 46.04 RCW to read as follows:

"Street rod vehicle" is a motor vehicle, other than a motorcycle, that meets the following conditions:

(1) The vehicle was manufactured before 1949, or the vehicle has been assembled or reconstructed using major component parts of a motor vehicle manufactured before 1949; and

(2) The vehicle has been modified in its body style or design through the use of nonoriginal or reproduction components, such as frame, engine, drive train, suspension, or brakes in a manner that does not adversely affect its safe performance as a motor vehicle or render it unlawful for highway use.

NEW SECTION. Sec. 5. A new section is added to chapter 46.04 RCW to read as follows:

"Kit vehicle" means a passenger car or light truck assembled from a manufactured kit, and is either (1) a complete kit consisting of a prefabricated body and chassis used to construct a new vehicle, or (2) a kit consisting of a prefabricated body to be mounted on an existing vehicle chassis and drive train, commonly referred to as a donor vehicle.

NEW SECTION. Sec. 6. A new section is added to chapter 46.12 RCW to read as follows:

The state patrol shall inspect a street rod vehicle and assign a vehicle identification number in accordance with this chapter.

A street rod vehicle shall be titled as the make and year of the vehicle as originally manufactured. The title shall be branded with the designation "street rod."

NEW SECTION. Sec. 7. A new section is added to chapter 46.12 RCW to read as follows:

The owner of a parts car must possess proof of ownership for each such vehicle.

NEW SECTION. Sec. 8. A new section is added to chapter 46.12 RCW to read as follows:

The following procedures must be followed when applying for a certificate of ownership for a kit vehicle:

(1) The vehicle identification number (VIN) of a new vehicle kit and of a body kit will be taken from the manufacturer's certificate of origin belonging to that vehicle. If the VIN is not available, the Washington state patrol shall assign a VIN at the time of inspection.

(2) The model year of a manufactured new vehicle kit and manufactured body kit is the year reflected on the manufacturer's certificate of origin.

(3) The make shall be listed as "KITV," and the series and body designation must describe what the vehicle looks like, i.e. Bradley GT, 57 MG, and must include the word "replica."

(4) Except for kit vehicles licensed under section 10(5) of this act, kit vehicles must comply with chapter 204-90 WAC.

(5) The application for the certificate of ownership must be accompanied by the following documents:

(a) For a manufactured new vehicle kit, the manufacturer's certificate of origin or equivalent document;

(b)(i) For a manufactured body kit, the manufacturer's certificate of origin or equivalent document; (ii) for the frame, the title or a certified copy or equivalent document;

(c) Bills of sale or invoices for all major components used in the construction of the vehicle. The bills of sale must be notarized unless the vendor is registered with the department of revenue for the collection of retail sales or use tax. The bills of sale must include the names and addresses of the seller and purchaser, a description of the vehicle or part being sold, including the make, model, and identification or serial number, the date of sale, and the purchase price of the vehicle or part;

(d) A statement as defined in WAC 308-56A-150 by an authorized inspector of the Washington state patrol or other person authorized by the department of licensing verifying the vehicle identification number, and year and make when applicable;

(e) A completed declaration of value form (TD 420-737) to determine the value for excise tax if the purchase cost and year is unknown or incomplete.

(6) A Washington state patrol VIN inspector must ensure that all parts are documented by titles, notarized bills of sale, or business receipts such as obtained from a wrecking yard purchase. The bills of sale must contain the VIN of the vehicle the parts came from, or the yard number if from a wrecking yard.

NEW SECTION. Sec. 9. A new section is added to chapter 46.12 RCW to read as follows:

The following documents are required for issuance of a certificate of ownership or registration for a kit vehicle:

(1) For a new vehicle kit or a manufactured body kit, the owner shall supply a manufacturer's certificate of origin or a factory invoice.

(2) For a manufactured body kit, proof of ownership for all major parts used in the construction of the vehicle is required.

(a) Major parts include:

(i) Frame;

(ii) Engine;

(iii) Axles;

(iv) Transmission;

(v) Any other parts that carry vehicle identification numbers.

(b) If the frame from a donor vehicle is used and the remainder of the donor vehicle is to be sold or destroyed, the title is required as an ownership document to the buyer. The agent or subagent may make a certified copy of the title for documentation of the frame for this transaction.

(3) Payment of use tax on the frame and all component parts used is required, unless proof of payment of the sales or use tax is submitted.

(4) A completed declaration of value form (TD 420-737) to determine the value of the vehicle for excise tax purposes is required if the purchase cost and year of purchase is unknown.

(5) An odometer disclosure statement is required on all originals and transfers of title for vehicles under ten years old, unless otherwise exempt by law.

NEW SECTION. Sec. 10. A new section is added to chapter 46.16 RCW to read as follows:

All kit vehicles are licensed as original transactions when first titled in Washington, and the following provisions apply:

(1) The department of licensing shall charge original licensing fees and issue new plates appropriate to the use class.

(2) An inspection by the Washington state patrol is required to determine the correct identification number, and year or make if needed.

(3) The use class is the actual use of the vehicle, i.e. passenger car or truck.

(4) The make shall be listed as "KITV," and the series and body designation must describe what the vehicle looks like, i.e. 48 Bradley GT, 57 MG, and must include the word "replica."

(5) Upon payment of original licensing fees the department may license a kit vehicle under RCW 46.16.305(1) as a street rod if the vehicle is manufactured to have the same appearance as a similar vehicle manufactured before 1949.

(6) For a manufactured new vehicle kit and a manufactured body kit, the model year of the vehicle is the year reflected on the manufacturer's certificate of origin for that vehicle. If this is not available, the Washington state patrol shall assign a model year at the time of inspection.

(7) The vehicle identification number (VIN) of a new vehicle kit and body kit is the vehicle identification number as reflected on the manufacturer's certificate of origin. If the VIN is not available, the Washington state patrol shall assign a VIN at the time of inspection.

NEW SECTION. Sec. 11. A new section is added to chapter 46.16 RCW to read as follows:

A collectors' vehicle licensed under RCW 46.16.305(1) may only be used for participation in club activities, exhibitions, tours, parades, and occasional pleasure driving.

NEW SECTION. Sec. 12. A new section is added to chapter 46.37 RCW to read as follows:

Notwithstanding the requirements of this chapter, hoods and bumpers are optional equipment on street rods and kit vehicles. Street rods and kit vehicles must comply with fender requirements under RCW 46.37.500(2) and the windshield requirement of RCW 46.37.410(1)."

In line 1 of the title, after "equipment;" strike the remainder of the title and insert "adding new sections to chapter 46.04 RCW; adding new sections to chapter 46.12 RCW; adding new sections to chapter 46.16 RCW; adding a new section to chapter 46.37 RCW; and creating a new section."

Signed by Representatives K. Schmidt, Chairman; Benton, Vice Chairman; Mitchell, Vice Chairman; Skinner, Vice Chairman; R. Fisher, Ranking Minority Member; Hatfield, Assistant Ranking Minority Member; Backlund; Blanton; Buck; Cairnes; Chopp; Elliot; Hankins; Horn; Johnson; McMahan; Ogden; Patterson; Quall; Robertson; Romero; D. Schmidt; Scott; Sterk and Tokuda.

Voting Yea: Representatives K. Schmidt, Skinner, Mitchell, Benton, R. Fisher, Hatfield, Backlund, Blanton, Buck, Cairnes, Chopp, Elliot, Hankins, Johnson, McMahan, Ogden, Patterson, Quall, Robertson, Romero, D. Schmidt, Scott, Sterk and Tokuda.

Excused: Representatives Brown, Chandler and Horn.

Passed to Committee on Rules for second reading.

February 21, 1996

SB 5500 Prime Sponsor, Smith: Clarifying the method of execution to be used in Washington state. Reported by Committee on Law & Justice

MAJORITY recommendation: Do pass. Signed by Representatives Sheahan, Chairman; Delvin, Vice Chairman; Hickel, Vice Chairman; Dellwo, Ranking Minority Member; Costa, Assistant Ranking Minority Member; Carrell; Chappell; Cody; Lambert; McMahan; Morris; Robertson; Smith and Sterk.

MINORITY recommendation: Do not pass. Signed by Representatives Murray and Veloria.

Voting Yea: Representatives Sheahan, Hickel, Delvin, Dellwo, Costa, Carrell, Chappell, Cody, Lambert, McMahan, Morris, Robertson, Smith and Sterk.

Voting Nay: Representatives Murray and Veloria.

Excused: Representative Campbell.

Passed to Committee on Rules for second reading.

February 21, 1996

SB 5510 Prime Sponsor, Smith: Revising provisions relating to food stamp crimes. Reported by Committee on Law & Justice

Voting Yea: Representatives Sheahan, Hickel, Delvin, Dellwo, Costa, Carrell, Chappell, Cody, Lambert, McMahan, Morris, Murray, Robertson, Smith, Sterk and Veloria.

Excused: Representative Campbell.

Passed to Committee on Rules for second reading.

February 21, 1996

SSB 5522 Prime Sponsor, Committee on Law & Justice: Regulating the use of pro tempore judges and court commissioners. Reported by Committee on Law & Justice

Voting Yea: Representatives Sheahan, Hickel, Delvin, Dellwo, Costa, Carrell, Chappell, Cody, Lambert, McMahan, Morris, Murray, Robertson, Smith, Sterk and Veloria.

Excused: Representative Campbell.

Passed to Committee on Rules for second reading.

February 21, 1996

SSB 6113 Prime Sponsor, Committee on Ways & Means: Authorizing the presumption of paternity to be rebutted in an appropriate administrative hearing. Reported by Committee on Law & Justice

Voting Yea: Representatives Sheahan, Hickel, Delvin, Dellwo, Costa, Carrell, Chappell, Cody, Lambert, McMahan, Morris, Murray, Robertson, Smith, Sterk and Veloria.

Excused: Representative Campbell.

Passed to Committee on Rules for second reading.

February 21, 1996

SB 6115 Prime Sponsor, Wojahn: Revising penalties for persons who damage property with graffiti. Reported by Committee on Law & Justice

Voting Yea: Representatives Sheahan, Hickel, Delvin, Dellwo, Costa, Carrell, Chappell, Cody, Lambert, McMahan, Morris, Murray, Robertson, Smith, Sterk and Veloria.

Excused: Representative Campbell.

Passed to Committee on Rules for second reading.

February 21, 1996

E2SSB 6146 Prime Sponsor, Committee on Ways & Means: Revising procedures for minimizing property damage by wildlife. Reported by Committee on Natural Resources

MAJORITY recommendation: Do pass. Signed by Representatives Fuhrman, Chairman; Buck, Vice Chairman; Pennington, Vice Chairman; Basich, Ranking Minority Member; Regala, Assistant Ranking Minority Member; Beeksma; Elliot; Hatfield; Jacobsen; Keiser; Sheldon; B. Thomas; L. Thomas and Thompson.

Voting Yea: Representatives Fuhrman, Pennington, Buck, Basich, Regala, Beeksma, Elliot, Hatfield, Jacobsen, Keiser, B. Thomas and L. Thomas.

Excused: Representatives Sheldon, Stevens and Thompson.

Referred to Committee on Appropriations.

February 21, 1996

SSB 6158 Prime Sponsor, Committee on Human Services & Corrections: Authorizing the department of corrections to intercept, record, and divulge electronically monitored inmate conversations. Reported by Committee on Corrections

MAJORITY recommendation: Do pass. Signed by Representatives Ballasiotes, Chairman; Blanton, Vice Chairman; Sherstad, Vice Chairman; Quall, Ranking Minority Member; Tokuda, Assistant Ranking Minority Member; Cole; Dickerson; Koster; Radcliff; Schoesler and D. Sommers.

Voting Yea: Representatives Ballasiotes, Sherstad, Blanton, Quall, Tokuda, Cole, Dickerson, Koster, Radcliff, Schoesler and D. Sommers.

Passed to Committee on Rules for second reading.

February 21, 1996

SB 6167 Prime Sponsor, Smith: Revising requirements for filing petitions for dissolution of marriage. Reported by Committee on Law & Justice

Voting Yea: Representatives Sheahan, Hickel, Delvin, Dellwo, Costa, Carrell, Chappell, Cody, Lambert, McMahan, Morris, Murray, Robertson, Smith, Sterk and Veloria.

Excused: Representative Campbell.

Passed to Committee on Rules for second reading.

February 21, 1996

ESSB 6168 Prime Sponsor, Committee on Law & Justice: Amending the limited liability companies act. Reported by Committee on Law & Justice

Voting Yea: Representatives Sheahan, Hickel, Delvin, Dellwo, Costa, Carrell, Chappell, Cody, Lambert, McMahan, Morris, Murray, Robertson, Smith, Sterk and Veloria.

Excused: Representative Campbell.

Passed to Committee on Rules for second reading.

February 21, 1996

SSB 6169 Prime Sponsor, Committee on Law & Justice: Amending the business corporation act. Reported by Committee on Law & Justice

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 23B.19.020 and 1989 c 165 s 198 are each amended to read as follows:

The definitions in this section apply throughout this chapter.

(1) "Acquiring person" means a person or group of persons, other than the target corporation or a subsidiary of the target corporation, who beneficially owns ten percent or more of the outstanding voting shares of the target corporation. The term "acquiring person" does not include a person who (a) beneficially ((owns)) owned ten percent or more of the outstanding voting shares of the target corporation on March 23, 1988; (b) acquires its shares by gift, inheritance, or in a transaction in which no consideration is exchanged; ((or)) (c) exceeds the ten percent threshold as a result of action taken solely by the target corporation, such as redemption of shares, unless that person, by its own action, acquires additional shares of the target corporation; (d) beneficially was the owner of ten percent or more of the outstanding voting shares prior to the time the target corporation had a class of voting shares registered with the securities and exchange commission pursuant to section 12 or 15 of the exchange act; or (e) beneficially was the owner of ten percent or more of the outstanding voting shares prior to the time the target corporation amended its articles of incorporation to provide that the corporation shall be subject to the provisions of this chapter. An agent, bank, broker, nominee, or trustee for another person, if the other person is not an acquiring person, who acts in good faith and not for the purpose of circumventing this chapter, is not an acquiring person. For the purpose of determining whether a person is an acquiring person, the number of voting shares of the target corporation that are outstanding shall include shares beneficially owned by the person through application of subsection (4) of this section, but shall not include any other unissued voting shares of the target corporation which may be issuable pursuant to any agreement, arrangement, or understanding; or upon exercise of conversion rights, warrants, or options; or otherwise.

(2) "Affiliate" means a person who directly or indirectly controls, or is controlled by, or is under common control with, a person.

(3) "Announcement date," when used in reference to any significant business transaction, means the date of the first public announcement of the final, definitive proposal for such a significant business transaction.

(4) "Associate" means (a) a domestic or foreign corporation or organization of which a person is an officer, director, member, or partner or in which a person performs a similar function; (b) a direct or indirect beneficial owner of ten percent or more of any class of equity securities of a person; (c) a trust or estate in which a person has a beneficial interest or as to which a person serves as trustee or in a similar fiduciary capacity; and (d) ((if having the same residence as a person, the person's relative, spouse, or spouse's relative)) the spouse or a parent or sibling of a person or a child, grandchild, sibling, parent, or spouse of any thereof, of a person or an individual having the same home as a person.

(((4))) (5) "Beneficial ownership," when used with respect to any shares, means ownership by a person:

(a) Who, individually or with or through any of its affiliates or associates, beneficially owns such shares, directly or indirectly; or

(b) Who, individually or with or through any of its affiliates or associates, has (i) the right to acquire the shares, whether the right is exercisable immediately or only after the passage of time, pursuant to any agreement, arrangement, or understanding, whether or not in writing, or upon the exercise of conversion rights, exchange rights, warrants or options, or otherwise. A person is not the beneficial owner of shares tendered pursuant to a tender or exchange offer made by the person or any of the person's affiliates or associates until the tendered shares are accepted for purchase or exchange; or (ii) the right to vote the shares pursuant to any agreement, arrangement, or understanding, whether or not in writing. A person is not the beneficial owner of any shares under (b)(ii) of this subsection if the agreement, arrangement, or understanding to vote the shares arises solely from a revocable proxy or consent given in response to a proxy or consent solicitation made in accordance with the applicable rules and regulations under the exchange act and is not then reportable on schedule 13D under the exchange act, or any comparable or successor report; or

(c) Who has any agreement, arrangement, or understanding, whether or not in writing, for the purpose of acquiring, holding, voting, except voting pursuant to a revocable proxy or consent as described in (b)(ii) of this subsection, or disposing of the shares with any other person who beneficially owns, or whose affiliates or associates beneficially own, directly or indirectly, the shares.

(((5))) (6) "Common shares" means any shares other than preferred shares.

(7) "Consummation date," with respect to any significant business transaction, means the date of consummation of such a significant business transaction, or, in the case of a significant business transaction as to which a shareholder vote is taken, the later of the business day prior to the vote or twenty days prior to the date of consummation of such a significant business transaction.

(8) "Control," "controlling," "controlled by," and "under common control with," means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting shares, by contract, or otherwise. A person's beneficial ownership of ten percent or more of a domestic or foreign corporation's outstanding voting shares shall create a rebuttable presumption that such person has control of such corporation. However, a person does not have control of a domestic or foreign corporation if the person holds voting shares, in good faith and not for the purpose of circumventing this chapter, as an agent, bank, broker, nominee, custodian, or trustee for one or more beneficial owners who do not individually or as a group have control of such corporation.

(((6))) (9) "Domestic corporation" means an issuer of voting shares which is organized under chapter 23B.02 RCW or any predecessor provision.

(10) "Exchange act" means the federal securities exchange act of 1934, as amended.

(((7))) (11) "Market value," in the case of property other than cash or shares, means the fair market value of the property on the date in question as determined by the board of directors of the target corporation in good faith.

(((8))) (12) "Person" means an individual, domestic or foreign corporation, partnership, trust, unincorporated association, or other entity; an affiliate or associate of any such person; or any two or more persons acting as a partnership, syndicate, or other group for the purpose of acquiring, holding, or dispersing of securities of a domestic or foreign corporation.

(((9))) (13) "Preferred shares" means any class or series of shares of a target corporation which under the bylaws or articles of incorporation of such a corporation is entitled to receive payment of dividends prior to any payment of dividends on some other class or series of shares, or is entitled in the event of any voluntary liquidation, dissolution, or winding up of the target corporation to receive payment or distribution of a preferential amount before any payments or distributions are received by some other class or series of shares.

(14) "Shares" means any:

(a) Shares or similar security, any certificate of interest, any participation in any profit sharing agreement, any voting trust certificate, or any certificate of deposit for shares; and

(b) Security convertible, with or without consideration, into shares, or any warrant, call, or other option or privilege of buying shares without being bound to do so, or any other security carrying any right to acquire, subscribe to, or purchase shares.

(15) "Significant business transaction" means:

(a) A merger, share exchange, or consolidation of a target corporation or a subsidiary of a target corporation with (i) an acquiring person, or (ii) any other domestic or foreign corporation which is, or after the merger, share exchange, or consolidation would be, an affiliate or associate of the acquiring person;

(b) A sale, lease, exchange, mortgage, pledge, transfer, or other disposition or encumbrance, whether in one transaction or a series of transactions, to or with an acquiring person or an affiliate or associate of an acquiring person of assets of a target corporation or a subsidiary of a target corporation (i) having an aggregate market value equal to five percent or more of the aggregate market value of all the assets, determined on a consolidated basis, of the target corporation, (ii) having an aggregate market value equal to five percent or more of the aggregate market value of all the outstanding shares of the target corporation, or (iii) representing five percent or more of the earning power or net income, determined on a consolidated basis, of the target corporation;

(c) The termination, while the corporation has an acquiring person and as a result of the acquiring person's acquisition of ten percent or more of the shares of the corporation, of five percent or more of the employees of the target corporation or its subsidiaries employed in this state, whether at one time or over the five-year period following the share acquisition ((date)) time. For the purposes of (c) of this subsection, a termination other than an employee's death or disability or bona fide voluntary retirement, transfer, resignation, termination for cause under applicable common law principles, or leave of absence shall be presumed to be a termination resulting from the acquiring person's acquisition of shares, which presumption ((may be rebutted by clear and convincing evidence)) is rebuttable. A bona fide voluntary transfer of employees between the target corporation and its subsidiaries or between its subsidiaries is not a termination for the purposes of (c) of this subsection;

(d) The issuance, transfer, or redemption by a target corporation or a subsidiary of a target corporation, whether in one transaction or a series of transactions, of shares or of options, warrants, or rights to acquire shares of a target corporation or a subsidiary of a target corporation to or beneficially owned by an acquiring person or an affiliate or associate of an acquiring person except pursuant to the exercise of warrants or rights to purchase shares offered, or a dividend, distribution, or redemption paid or made pro rata to, all shareholders or holders of options, warrants, or rights to acquire shares of the target corporation, and except for involuntary redemptions permitted by the target corporation's charter or by the law of this state or the state of incorporation;

(e) The ((adoption of a plan or proposal for the sale of assets,)) liquidation((,)) or dissolution of a target corporation proposed by, or pursuant to an agreement, arrangement, or understanding, whether or not in writing, with an acquiring person or an affiliate or associate of an acquiring person;

(f) A reclassification of securities, including, without limitation, any ((stock)) shares split, ((stock)) shares dividend, or other distribution of ((stock)) shares in respect of stock, or any reverse ((stock)) shares split, or recapitalization of a target corporation, or a merger or consolidation of a target corporation with a subsidiary of the target corporation, or any other transaction, whether or not with or into or otherwise involving an acquiring person, proposed by, or pursuant to an agreement, arrangement, or understanding, whether or not in writing, with an acquiring person or an affiliate or associate of an acquiring person, that has the effect, directly or indirectly, of increasing the proportionate share of the outstanding shares of a class or series of voting shares or securities convertible into voting shares of a target corporation or a subsidiary of the target corporation that is directly or indirectly owned by an acquiring person or an affiliate or associate of an acquiring person, except as a result of immaterial changes due to fractional share adjustments; or

(g) A receipt by an acquiring person or an affiliate or associate of an acquiring person of the benefit, directly or indirectly, except proportionately as a shareholder of a target corporation, of loans, advances, guarantees, pledges, or other financial assistance or tax credits or other tax advantages provided by or through a target corporation((; or

(h) An agreement, contract, or other arrangement providing for any of the transactions in this subsection)).

(((10))) (16)"Share acquisition ((date)) time" means the ((date on)) time at which a person first becomes an acquiring person of a target corporation.

(((11))) (17) "Subsidiary" means a domestic or foreign corporation that has a majority of its outstanding voting shares owned, directly or indirectly, by another domestic or foreign corporation.

(((12))) (18) "Tangible assets" means tangible real and personal property of all kinds. It shall also include leasehold interests in tangible real and personal property.

(((13))) (19) "Target corporation" means:

(a) Every domestic corporation ((organized under chapter 23B.02 RCW or any predecessor provision if, as of the share acquisition date, the corporation's principal executive office is located in the state and either a majority of the corporation's employees, together with those of its subsidiaries, are residents of the state or the corporation, together with its subsidiaries, employs more than one thousand residents of the state)), if:

(i) The corporation has a class of voting shares registered with the securities and exchange commission pursuant to section 12 or 15 of the exchange act; or

(ii) The corporation's articles of incorporation have been amended to provide that such a corporation shall be subject to the provisions of this chapter, if the corporation did not have a class of voting shares registered with the securities and exchange commission pursuant to section 12 or 15 of the exchange act on the effective date of that amendment; and

(b) Every foreign corporation required to have a certificate of authority to transact business in this state pursuant to chapter 23B.15 RCW, if((, as of the share acquisition date)):

(i) The corporation has a class of voting shares registered with the securities and exchange commission pursuant to section 12 or 15 of the exchange act;

(ii) The corporation's principal executive office is located in the state;

(((ii))) (iii) The corporation has: (A) More than ten percent of its shareholders of record resident in the state; or (B) more than ten percent of its shares owned of record by state residents; or (C) one thousand or more shareholders of record resident in the state;

(((iii))) (iv) A majority of the corporation's employees, together with those of its subsidiaries, are residents of the state or the corporation, together with its subsidiaries, employs more than one thousand residents of the state; and

(((iv))) (v) A majority of the corporation's tangible assets, together with those of its subsidiaries, measured by market value, are located in the state or the corporation, together with its subsidiaries, has more than fifty million dollars' worth of tangible assets located in the state.

For purposes of this subsection, the record date for determining the percentages and numbers of shareholders and shares shall be the last shareholder record date before the event requiring that the determination be made. A shareholder record date shall be determined pursuant to ((RCW 23B.07.070 for a domestic corporation and)) the comparable provision to RCW 23B.07.070 of the law of the state in which a foreign corporation is incorporated. If a shareholder record date has not been fixed by the board of directors within the preceding four months, the determination shall be made as of the end of the ((domestic or foreign)) corporation's most recent fiscal quarter.

The residence of each shareholder is presumed to be the address appearing in the records of the ((domestic or foreign)) corporation. Shares held of record by brokers or nominees shall be disregarded for purposes of calculating the percentages and numbers specified in this subsection. Shares of a ((domestic or foreign)) corporation allocated to the account of an employee or former employee or beneficiaries of employees or former employees of a ((domestic or foreign)) corporation and held in a plan that is qualified under section 401(a) of the federal internal revenue code of 1986, as amended, and is a defined contribution plan within the meaning of section 414(i) of the code shall be deemed, for the purposes of this subsection, to be held of record by the employee to whose account such shares are allocated.

A domestic or foreign corporation shall be deemed to be a target corporation if the domestic or foreign corporation's failure to satisfy the requirements of this subsection is caused by the action of, or is the result of a proposal by, an acquiring person or affiliate or associate of an acquiring person.

(20) "Voting shares" means shares of a corporation entitled to vote generally in the election of directors.

Sec. 2. RCW 23B.19.030 and 1989 c 165 s 199 are each amended to read as follows:

This chapter does not apply to((:

(1) A significant business transaction of a target corporation that does not have a class of voting stock registered with the securities and exchange commission pursuant to section 12 of the exchange act [15 U.S.C. Sec. 78L]; or

(2))) a significant business transaction of a target corporation with an acquiring person of the target corporation which became an acquiring person inadvertently, if the acquiring person (((a))) (1) as soon as practicable, divests itself of a sufficient amount of the voting shares of the target corporation so that it no longer is the beneficial owner, directly or indirectly, of ten percent or more of the outstanding voting shares of the target corporation, and (((b))) (2) would not at any time within the five-year period preceding the announcement date ((of the first public announcement)) of the significant business transaction have been an acquiring person but for the inadvertent acquisition.

Sec. 3. RCW 23B.19.040 and 1989 c 165 s 200 are each amended to read as follows:

(1)(a) Notwithstanding ((any provision of this title)) anything to the contrary contained in this title, except under subsection (2) of this section and RCW 23B.19.030, a target corporation shall not engage in any significant business transaction for a period of five years following the acquiring person's share acquisition ((date)) time unless the significant business transaction or the purchase of shares made by the acquiring person ((on the share acquisition date)) is approved prior to the acquiring person's share acquisition ((date)) time by a majority of the members of the board of directors of the target corporation.

(b) If a good faith proposal for a significant business transaction is made in writing to the board of directors of the target corporation prior to the significant business transaction or prior to the share acquisition ((date)) time, the board of directors shall respond in writing, within thirty days or such shorter period, if any, as may be required by the exchange act setting forth its reasons for its decision regarding the proposal. If a good faith proposal to purchase shares is made in writing to the board of directors of the target corporation, the board of directors, unless it responds affirmatively in writing within thirty days or a shorter period, if any, as may be required by the exchange act shall be deemed to have disapproved such share purchase.

(2) Notwithstanding anything to the contrary contained in this title, except under subsection (1) of this section and RCW 23B.19.030, a target corporation shall not engage at any time in any significant business transaction with any acquiring person of such a corporation other than a significant business transaction that meets all of the following conditions:

(a) The aggregate amount of the cash and the market value as of the consummation date of consideration other than cash to be received per share by holders of outstanding common shares of such a target corporation in a significant business transaction is at least equal to the higher of the following:

(i) The highest per share price paid by such an acquiring person at a time when the person was the beneficial owner, directly or indirectly, of five percent or more of the outstanding voting shares of a target corporation, for any shares of common shares of the same class or series acquired by it: (A) Within the five-year period immediately prior to the announcement date with respect to a significant business transaction; or (B) within the five-year period immediately prior to, or in, the transaction in which the acquiring person became an acquiring person, whichever is higher plus, in either case, interest compounded annually from the earliest date on which the highest per share acquisition price was paid through the consummation date at the rate for one-year United States treasury obligations from time to time in effect; less the aggregate amount of any cash dividends paid, and the market value of any dividends paid other than in cash, per share of common shares since the earliest date, up to the amount of the interest; and

(ii) The market value per share of common shares on the announcement date with respect to a significant business transaction or on the date of the acquiring person's share acquisition time, whichever is higher; plus interest compounded annually from such a date through the consummation date at the rate for one-year United States treasury obligations from time to time in effect; less the aggregate amount of any cash dividends paid, and the market value of any dividends paid other than in cash, per share of common shares since the date, up to the amount of the interest.

(b) The aggregate amount of the cash and the market value as of the consummation date of consideration other than cash to be received per share by holders of outstanding shares of any class or series of shares, other than common shares, of the target corporation is at least equal to the highest of the following, whether or not the acquiring person has previously acquired any shares of such a class or series of shares:

(i) The highest per share price paid by an acquiring person at a time when the person was the beneficial owner, directly or indirectly, of five percent or more of the outstanding voting shares of a resident domestic corporation, for any shares of the same class or series of shares acquired by it: (A) Within the five-year period immediately prior to the announcement date with respect to a significant business transaction; or (B) within the five-year period immediately prior to, or in, the transaction in which the acquiring person became an acquiring person, whichever is higher; plus, in either case, interest compounded annually from the earliest date on which the highest per share acquisition price was paid through the consummation date at the rate for one-year United States treasury obligations from time to time in effect; less the aggregate amount of any cash dividends paid, and the market value of any dividends paid other than in cash, per share of the same class or series of shares since the earliest date, up to the amount of the interest;

(ii) The highest preferential amount per share to which the holders of shares of the same class or series of shares are entitled in the event of any voluntary liquidation, dissolution, or winding up of the target corporation, plus the aggregate amount of any dividends declared or due as to which the holders are entitled prior to payment of dividends on some other class or series of shares, unless the aggregate amount of the dividends is included in the preferential amount; and

(iii) The market value per share of the same class or series of shares on the announcement date with respect to a significant business transaction or on the date of the acquiring person's share acquisition time, whichever is higher; plus interest compounded annually from such a date through the consummation date at the rate for one-year United States treasury obligations from time to time in effect; less the aggregate amount of any cash dividends paid and the market value of any dividends paid other than in cash, per share of the same class or series of shares since the date, up to the amount of the interest.

(c) The consideration to be received by holders of a particular class or series of outstanding shares, including common shares, of the target corporation in a business combination is in cash or in the same form as the acquiring person has used to acquire the largest number of shares of the same class or series of shares previously acquired by the person, and the consideration shall be distributed promptly.

(3) Subsection (2) of this section does not apply to a target corporation that on the effective date of this act had a provision in its articles of incorporation, adopted under RCW 23B.17.020(3)(d), expressly electing not to be covered under RCW 23B.17.020, which is repealed by section 6 of this act.

(4) A ((target corporation that engages in a)) significant business transaction that ((violates)) is made in violation of subsection (1) or (2) of this section and that is not exempt under RCW ((23B.19.010 shall have its certificate of incorporation or certificate of authority to transact business in this state revoked under RCW 23B.14.200 or 23B.15.300 for domestic or foreign target corporations, respectively. In addition, such significant transaction shall be)) 23B.19.030 is void.

Sec. 4. RCW 23B.01.400 and 1995 c 47 s 1 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this title.

(1) "Articles of incorporation" include amended and restated articles of incorporation and articles of merger.

(2) "Authorized shares" means the shares of all classes a domestic or foreign corporation is authorized to issue.

(3) "Conspicuous" means so written that a reasonable person against whom the writing is to operate should have noticed it. For example, printing in italics or boldface or contrasting color, or typing in capitals or underlined, is conspicuous.

(4) "Corporation" or "domestic corporation" means a corporation for profit, which is not a foreign corporation, incorporated under or subject to the provisions of this title.

(5) "Deliver" includes (a) mailing and (b) for purposes of delivering a demand, consent, or waiver to the corporation or one of its officers, transmission by facsimile equipment.

(6) "Distribution" means a direct or indirect transfer of money or other property, except its own shares, or incurrence of indebtedness by a corporation to or for the benefit of its shareholders in respect to any of its shares. A distribution may be in the form of a declaration or payment of a dividend; a distribution in partial or complete liquidation, or upon voluntary or involuntary dissolution; a purchase, redemption, or other acquisition of shares; a distribution of indebtedness; or otherwise.

(7) "Effective date of notice" has the meaning provided in RCW 23B.01.410.

(8) "Employee" includes an officer but not a director. A director may accept duties that make the director also an employee.

(9) "Entity" includes a corporation and foreign corporation, not-for-profit corporation, profit and not-for-profit unincorporated association, business trust, estate, partnership, trust, and two or more persons having a joint or common economic interest, and the state, United States, and a foreign government.

(10) "Foreign corporation" means a corporation for profit incorporated under a law other than the law of this state.

(11) "Foreign limited partnership" means a partnership formed under laws other than of this state and having as partners one or more general partners and one or more limited partners.

(12) "Governmental subdivision" includes authority, county, district, and municipality.

(13) "Includes" denotes a partial definition.

(14) "Individual" includes the estate of an incompetent or deceased individual.

(15) "Limited partnership" or "domestic limited partnership" means a partnership formed by two or more persons under the laws of this state and having one or more general partners and one or more limited partners.

(16) "Means" denotes an exhaustive definition.

(17) "Notice" has the meaning provided in RCW 23B.01.410.

(18) "Person" includes an individual and an entity.

(19) "Principal office" means the office, in or out of this state, so designated in the annual report where the principal executive offices of a domestic or foreign corporation are located.

(20) "Proceeding" includes civil suit and criminal, administrative, and investigatory action.

(21) "Public company" means a corporation that has a class of shares registered with the federal securities and exchange commission pursuant to section 12 or 15 of the securities exchange act of 1934, or section 8 of the investment company act of 1940, or any successor statute((, and that has more than three hundred holders of record of its shares)).

(22) "Record date" means the date established under chapter 23B.07 RCW on which a corporation determines the identity of its shareholders and their shareholdings for purposes of this title. The determinations shall be made as of the close of business on the record date unless another time for doing so is specified when the record date is fixed.

(23) "Secretary" means the corporate officer to whom the board of directors has delegated responsibility under RCW 23B.08.400(3) for custody of the minutes of the meetings of the board of directors and of the shareholders and for authenticating records of the corporation.

(24) "Shares" means the units into which the proprietary interests in a corporation are divided.

(25) "Shareholder" means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation.

(26) "State," when referring to a part of the United States, includes a state and commonwealth, and their agencies and governmental subdivisions, and a territory and insular possession, and their agencies and governmental subdivisions, of the United States.

(27) "Subscriber" means a person who subscribes for shares in a corporation, whether before or after incorporation.

(28) "United States" includes a district, authority, bureau, commission, department, and any other agency of the United States.

(29) "Voting group" means all shares of one or more classes or series that under the articles of incorporation or this title are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. All shares entitled by the articles of incorporation or this title to vote generally on the matter are for that purpose a single voting group.

Sec. 5. RCW 23B.02.020 and 1994 c 256 s 27 are each amended to read as follows:

(1) The articles of incorporation must set forth:

(a) A corporate name for the corporation that satisfies the requirements of RCW 23B.04.010;

(b) The number of shares the corporation is authorized to issue in accordance with RCW 23B.06.010 and 23B.06.020;

(c) The street address of the corporation's initial registered office and the name of its initial registered agent at that office in accordance with RCW 23B.05.010; and

(d) The name and address of each incorporator in accordance with RCW 23B.02.010.

(2) The articles of incorporation or bylaws must either specify the number of directors or specify the process by which the number of directors will be fixed, unless the articles of incorporation dispense with a board of directors pursuant to RCW 23B.08.010.

(3) Unless its articles of incorporation provide otherwise, a corporation is governed by the following provisions:

(a) The board of directors may adopt bylaws to be effective only in an emergency as provided by RCW 23B.02.070;

(b) A corporation has the purpose of engaging in any lawful business under RCW 23B.03.010;

(d) A corporation has the same powers as an individual to do all things necessary or convenient to carry out its business and affairs, including itemized powers under RCW 23B.03.020;

(e) All shares are of one class and one series, have unlimited voting rights, and are entitled to receive the net assets of the corporation upon dissolution under RCW 23B.06.010 and 23B.06.020;

(f) If more than one class of shares is authorized, all shares of a class must have preferences, limitations, and relative rights identical to those of other shares of the same class under RCW 23B.06.010;

(g) If the board of directors is authorized to designate the number of shares in a series, the board may, after the issuance of shares in that series, reduce the number of authorized shares of that series under RCW 23B.06.020;

(h) The board of directors must authorize any issuance of shares under RCW 23B.06.210;

(i) Shares may be issued pro rata and without consideration to shareholders under RCW 23B.06.230;

(j) Shares of one class or series may not be issued as a share dividend with respect to another class or series, unless there are no outstanding shares of the class or series to be issued, or a majority of votes entitled to be cast by such class or series approve as provided in RCW 23B.06.230;

(k) A corporation may issue rights, options, or warrants for the purchase of shares of the corporation under RCW 23B.06.240;

(l) A shareholder has, and may waive, a preemptive right to acquire the corporation's unissued shares as provided in RCW 23B.06.300;

(m) Shares of a corporation acquired by it may be reissued under RCW 23B.06.310;

(n) The board may authorize and the corporation may make distributions not prohibited by statute under RCW 23B.06.400;

(o) The preferential rights upon dissolution of certain shareholders will be considered a liability for purposes of determining the validity of a distribution under RCW 23B.06.400;

(p) Unless this title requires otherwise, the corporation is required to give notice only to shareholders entitled to vote at a meeting and the notice for an annual meeting need not include the purpose for which the meeting is called under RCW 23B.07.050;

(q) A corporation that is a public company shall hold a special meeting of shareholders if the holders of at least ten percent of the votes entitled to be cast on any issue proposed to be considered at the meeting demand a meeting under RCW 23B.07.020;

(r) Subject to statutory exceptions, each outstanding share, regardless of class, is entitled to one vote on each matter voted on at a shareholders' meeting under RCW 23B.07.210;

(s) A majority of the votes entitled to be cast on a matter by a voting group constitutes a quorum, unless the title provides otherwise under RCW 23B.07.250 and 23B.07.270;

(t) Action on a matter, other than election of directors, by a voting group is approved if the votes cast within the voting group favoring the action exceed the votes cast opposing the action, unless this title requires a greater number of affirmative votes under RCW 23B.07.250;

(u) All shares of one or more classes or series that are entitled to vote will be counted together collectively on any matter at a meeting of shareholders under RCW 23B.07.260;

(v) Directors are elected by cumulative voting under RCW 23B.07.280;

(w) Directors are elected by a plurality of votes cast by shares entitled to vote under RCW 23B.07.280;

(x) A corporation must have a board of directors under RCW 23B.08.010;

(y) All corporate powers must be exercised by or under the authority of, and the business and affairs of the corporation managed under the direction of, its board of directors under RCW 23B.08.010;

(z) The shareholders may remove one or more directors with or without cause under RCW 23B.08.080;

(aa) A vacancy on the board of directors may be filled by the shareholders or the board of directors under RCW 23B.08.100;

(bb) A corporation shall indemnify a director who was wholly successful in the defense of any proceeding to which the director was a party because the director is or was a director of the corporation against reasonable expenses incurred by the director in connection with the proceeding under RCW 23B.08.520;

(cc) A director of a corporation who is a party to a proceeding may apply for indemnification of reasonable expenses incurred by the director in connection with the proceeding to the court conducting the proceeding or to another court of competent jurisdiction under RCW 23B.08.540;

(dd) An officer of the corporation who is not a director is entitled to mandatory indemnification under RCW 23B.08.520, and is entitled to apply for court-ordered indemnification under RCW 23B.08.540, in each case to the same extent as a director under RCW 23B.08.570;

(ee) The corporation may indemnify and advance expenses to an officer, employee, or agent of the corporation who is not a director to the same extent as to a director under RCW 23B.08.570;

(ff) A corporation may indemnify and advance expenses to an officer, employee, or agent who is not a director to the extent, consistent with law, that may be provided by its articles of incorporation, bylaws, general or specific action of its board of directors, or contract under RCW 23B.08.570;

(gg) A corporation's board of directors may adopt certain amendments to the corporation's articles of incorporation without shareholder action under RCW 23B.10.020;

(hh) Unless the title or the board of directors require a greater vote or a vote by voting groups, an amendment to the corporation's articles of incorporation must be approved by each voting group entitled to vote on the proposed amendment by two-thirds, or, in the case of a public company, a majority, of all the votes entitled to be cast by that voting group under RCW 23B.10.030;

(ii) A corporation's board of directors may amend or repeal the corporation's bylaws unless this title reserves this power exclusively to the shareholders in whole or in part, or unless the shareholders in amending or repealing a bylaw provide expressly that the board of directors may not amend or repeal that bylaw under RCW 23B.10.200;

(jj) Unless this title or the board of directors require a greater vote or a vote by voting groups, a plan of merger or share exchange must be approved by each voting group entitled to vote on the merger or share exchange by two-thirds of all the votes entitled to be cast by that voting group under RCW 23B.11.030;

(kk) Approval by the shareholders of the sale, lease, exchange, or other disposition of all, or substantially all, the corporation's property in the usual and regular course of business is not required under RCW 23B.12.010;

(ll) Approval by the shareholders of the mortgage, pledge, dedication to the repayment of indebtedness, or other encumbrance of any or all of the corporation's property, whether or not in the usual and regular course of business, is not required under RCW 23B.12.010;

(mm) Unless the board of directors requires a greater vote or a vote by voting groups, a sale, lease, exchange, or other disposition of all or substantially all of the corporation's property, other than in the usual and regular course of business, must be approved by each voting group entitled to vote on such transaction by two-thirds of all votes entitled to be cast by that voting group under RCW 23B.12.020; and

(nn) Unless the board of directors requires a greater vote or a vote by voting groups, a proposal to dissolve must be approved by each voting group entitled to vote on the dissolution by two-thirds of all votes entitled to be cast by that voting group under RCW 23B.14.020((; and

(oo) A corporation with fewer than three hundred holders of record of its shares does not require special approval of interested shareholder transactions under RCW 23B.17.020)).

(4) Unless its articles of incorporation or its bylaws provide otherwise, a corporation is governed by the following provisions:

(a) The board of directors may authorize the issuance of some or all of the shares of any or all of the corporation's classes or series without certificates under RCW 23B.06.260;

(b) A corporation that is not a public company shall hold a special meeting of shareholders if the holders of at least ten percent of the votes entitled to be cast on any issue proposed to be considered at the meeting demand a meeting under RCW 23B.07.020;

(d) The board of directors may fix the compensation of directors under RCW 23B.08.110;

(e) Members of the board of directors may participate in a meeting of the board by any means of similar communication by which all directors participating can hear each other during the meeting under RCW 23B.08.200;

(f) Action permitted or required by this title to be taken at a board of directors' meeting may be taken without a meeting if action is taken by all members of the board under RCW 23B.08.210;

(g) Regular meetings of the board of directors may be held without notice of the date, time, place, or purpose of the meeting under RCW 23B.08.220;

(h) Special meetings of the board of directors must be preceded by at least two days' notice of the date, time, and place of the meeting, and the notice need not describe the purpose of the special meeting under RCW 23B.08.220;

(i) A quorum of a board of directors consists of a majority of the number of directors under RCW 23B.08.240;

(j) If a quorum is present when a vote is taken, the affirmative vote of a majority of directors present is the act of the board of directors under RCW 23B.08.240;

(k) A board of directors may create one or more committees and appoint members of the board of directors to serve on them under RCW 23B.08.250; and

(l) Unless approved by the shareholders, a corporation may indemnify, or make advances to, a director for reasonable expenses incurred in the defense of any proceeding to which the director was a party because of being a director only to the extent such action is consistent with RCW 23B.08.500 through 23B.08.580.

(5) The articles of incorporation may contain the following provisions:

(a) The names and addresses of the individuals who are to serve as initial directors;

(b) The par value of any authorized shares or classes of shares;

(c) Provisions not inconsistent with law related to the management of the business and the regulation of the affairs of the corporation;

(d) Any provision that under this title is required or permitted to be set forth in the bylaws;

(e) Provisions not inconsistent with law defining, limiting, and regulating the powers of the corporation, its board of directors, and shareholders;

(f) If the articles of incorporation authorize dividing shares into classes, the election of all or a specified number of directors may be effected by the holders of one or more authorized classes of shares under RCW 23B.08.040;

(g) The terms of directors may be staggered under RCW 23B.08.060;

(h) Shares may be redeemable or convertible (i) at the option of the corporation, the shareholder, or another person, or upon the occurrence of a designated event; (ii) for cash, indebtedness, securities, or other property; or (iii) in a designated amount or in an amount determined in accordance with a designated formula or by reference to extrinsic data or events under RCW 23B.06.010; and

(i) A director's personal liability to the corporation or its shareholders for monetary damages for conduct as a director may be eliminated or limited under RCW 23B.08.320.

(6) The articles of incorporation or the bylaws may contain the following provisions:

(a) A restriction on the transfer or registration of transfer of the corporation's shares under RCW 23B.06.270;

(b) Shareholders may participate in a meeting of shareholders by any means of communication by which all persons participating in the meeting can hear each other under RCW 23B.07.080;

(c) A quorum of the board of directors may consist of as few as one-third of the number of directors under RCW 23B.08.240;

(d) If the corporation is registered as an investment company under the investment company act of 1940, a provision limiting the requirement to hold an annual meeting of shareholders as provided in RCW 23B.07.010(2); and

(e) If the corporation is registered as an investment company under the investment company act of 1940, a provision establishing terms of directors which terms may be longer than one year as provided in RCW 23B.05.050.

(7) The articles of incorporation need not set forth any of the corporate powers enumerated in this title.

NEW SECTION. Sec. 6. RCW 23B.17.020 and 1989 c 165 s 189 are each repealed."

On page 1, line 2 of the title, after "act;" strike the remainder of the title and insert "amending RCW 23B.19.020, 23B.19.030, 23B.19.040, 23B.01.400, and 23B.02.020; and repealing RCW 23B.17.020."

Voting Yea: Representatives Sheahan, Hickel, Delvin, Dellwo, Costa, Campbell, Carrell, Chappell, Cody, Lambert, McMahan, Morris, Murray, Robertson, Smith, Sterk and Veloria.

Excused: Representative Campbell.

Passed to Committee on Rules for second reading.

February 20, 1996

SB 6174 Prime Sponsor, Bauer: Requiring annual budget review, recommendations, and guidelines for the higher education system. Reported by Committee on Higher Education

MAJORITY recommendation: Do pass. Signed by Representatives Carlson, Chairman; Mulliken, Vice Chairman; Jacobsen, Ranking Minority Member; Mason, Assistant Ranking Minority Member; Basich; Benton; Blanton; Delvin; Goldsmith; Mastin; Scheuerman and Sheahan.

Voting Yea: Representatives Carlson, Mulliken, Jacobsen, Mason, Basich, Benton, Blanton, Delvin, Goldsmith, Mastin, Scheuerman and Sheahan.

Passed to Committee on Rules for second reading.

February 20, 1996

SB 6175 Prime Sponsor, Bauer: Creating the state educational trust fund. Reported by Committee on Higher Education

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 28B.10.821 and 1991 sp.s. c 13 s 12 are each amended to read as follows:

The state educational ((grant account)) trust fund is hereby established in the state treasury. The primary purpose of the trust is to pledge state-wide available college student assistance to needy or disadvantaged students, especially middle school and high school youth, considered at-risk of dropping out of secondary education who participate in board-approved early awareness and outreach programs and who enter any accredited Washington institution of postsecondary education within two years of high school graduation.

The ((commission)) board shall deposit refunds and recoveries of student financial aid funds expended in prior biennia in such account. The board may also deposit moneys that have been contributed from other state, federal, or private sources.

Expenditures from ((such account)) the fund shall be for financial aid to needy or disadvantaged students. The board may annually expend such sums from the fund as may be necessary to fulfill the purposes of this section, including not more than three percent for the costs to administer aid programs supported by the fund. All earnings of investments of balances in the state educational trust fund shall be credited to the trust fund. Expenditures from the fund shall not be subject to appropriation but are subject to allotment procedures under chapter 43.88 RCW.

Sec. 2. RCW 28B.15.762 and 1985 c 370 s 80 are each amended to read as follows:

(1) The board may make long-term loans to eligible students at institutions of higher education from the funds appropriated to the board for this purpose. The amount of any such loan shall not exceed the demonstrated financial need of the student or two thousand five hundred dollars for each academic year whichever is less, and the total amount of such loans to an eligible student shall not exceed ten thousand dollars. The interest rates and terms of deferral of such loans shall be consistent with the terms of the guaranteed loan program established by 20 U.S.C. Sec. 1701 et seq. The period for repaying the loan principal and interest shall be ten years with payments accruing quarterly commencing nine months from the date the borrower graduated. The entire principal and interest of each loan payment shall be forgiven for each payment period in which the borrower teaches science or mathematics in a public school in this state until the entire loan is satisfied or the borrower ceases to teach science or mathematics at a public school in this state. Should the borrower cease to teach science or mathematics at a public school in this state before the time in which the principal and interest on the loan are satisfied, payments on the unsatisfied portion of the principal and interest on the loan shall begin the next payment period and continue until the remainder of the loan is paid.

(2) The board is responsible for collection of loans made under subsection (1) of this section and shall exercise due diligence in such collection, maintaining all necessary records to insure that maximum repayments are made. Collection and servicing of loans under subsection (1) of this section shall be pursued using the full extent of the law, including wage garnishment if necessary, and shall be performed by entities approved for such servicing by the Washington student loan guaranty association or its successor agency. The board is responsible to forgive all or parts of such loans under the criteria established in subsection (1) of this section and shall maintain all necessary records of forgiven payments.

(3) Receipts from the payment of principal or interest or any other subsidies to which the board as lender is entitled, which are paid by or on behalf of borrowers under subsection (1) of this section, shall be deposited with the higher education coordinating board and shall be used to cover the costs of making the loans under subsection (1) of this section, maintaining necessary records, and making collections under subsection (2) of this section. The board shall maintain accurate records of these costs, and all receipts beyond those necessary to pay such costs shall be used to make loans to eligible students.

(4) Any funds not used to make loans, or to cover the cost of making loans or making collections, shall be placed in the state educational trust fund for needy or disadvantaged students.

(5) The board shall adopt necessary rules to implement this section."

On page 1, line 1 of the title, after "fund;" strike the remainder of title and insert "and amending RCW 28B.10.821 and 28B.15.762."

Signed by Representatives Carlson, Chairman; Mulliken, Vice Chairman; Jacobsen, Ranking Minority Member; Mason, Assistant Ranking Minority Member; Basich; Benton; Blanton; Delvin; Goldsmith; Mastin; Scheuerman and Sheahan.

Voting Yea: Representatives Carlson, Mulliken, Jacobsen, Mason, Basich, Benton, Blanton, Delvin, Goldsmith, Mastin, Scheuerman and Sheahan.

Referred to Committee on Appropriations.

February 21, 1996

SSB 6180 Prime Sponsor, Committee on Law & Justice: Allowing additional time for phasing in additional King County superior court judges. Reported by Committee on Law & Justice

MINORITY recommendation: Without recommendation. Signed by Representatives Robertson and Smith.

Voting Yea: Representatives Sheahan, Hickel, Delvin, Dellwo, Costa, Carrell, Chappell, Cody, Lambert, McMahan, Morris, Murray, Sterk and Veloria.

Voting Nay: Representatives Robertson and Smith.

Excused: Representative Campbell.

Passed to Committee on Rules for second reading.

February 21, 1996

SB 6181 Prime Sponsor, Smith: Clarifying the waiver of jury trial rights upon acceptance of a deferred prosecution. Reported by Committee on Law & Justice

Voting Yea: Representatives Sheahan, Hickel, Delvin, Dellwo, Costa, Carrell, Chappell, Cody, Lambert, McMahan, Morris, Murray, Robertson, Smith, Sterk and Veloria.

Excused: Representative Campbell.

Passed to Committee on Rules for second reading.

February 21, 1996

ESSB 6208 Prime Sponsor, Committee on Human Services & Corrections: Revising misdemeanant probation programs. Reported by Committee on Corrections

Voting Yea: Representatives Ballasiotes, Sherstad, Blanton, Quall, Tokuda, Cole, Dickerson, Koster, Radcliff, Schoesler and D. Sommers.

Referred to Committee on Appropriations.

February 21, 1996

SSB 6214 Prime Sponsor, Committee on Agriculture & Agriculture Trade & Development: Defining a temporary growing structure. Reported by Committee on Agriculture & Ecology

MAJORITY recommendation: Do pass with the following amendment:

On page 1, line 15, after "similar" insert "flexible synthetic"

Signed by Representatives Chandler, Chairman; Koster, Vice Chairman; Chappell, Ranking Minority Member; Linville, Assistant Ranking Minority Member; Clements; Delvin; R. Fisher; Honeyford; Johnson; Mastin; Murray; Ogden; Regala; Robertson; Rust and Schoesler.

Voting Yea: Representatives Chandler, Koster, Chappell, Linville, Clements, Delvin, R. Fisher, Honeyford, Johnson, Mastin, Murray, Ogden, Regala, Robertson, Rust and Schoesler.

Excused: Representative Boldt.

Passed to Committee on Rules for second reading.

February 20, 1996

SB 6216 Prime Sponsor, McAuliffe: Changing state board of education staff provisions. Reported by Committee on Education

MAJORITY recommendation: Do pass. Signed by Representatives Brumsickle, Chairman; Elliot, Vice Chairman; Johnson, Vice Chairman; Cole, Ranking Minority Member; Keiser, Assistant Ranking Minority Member; Clements; Fuhrman; Hatfield; Linville; McMahan; Pelesky; Poulsen; Quall; Radcliff; Smith; Talcott; B. Thomas; Thompson and Veloria.

Voting Yea: Representatives Brumsickle, Johnson, Elliot, Cole, Poulsen, Clements, Fuhrman, Hatfield, Keiser, Linville, McMahan, Pelesky, Quall, Radcliff, Smith, Talcott, B. Thomas, Thompson and Veloria.

Passed to Committee on Rules for second reading.

February 20, 1996

SB 6217 Prime Sponsor, Johnson: Changing requirements for admission to teacher preparation programs. Reported by Committee on Education

MAJORITY recommendation: Do pass with the following amendment:

On page 2, after line 11, insert:

"NEW SECTION. Sec. 2. (1) As part of the report required by RCW 28A.410.013, the state board of education shall include specific recommendations for establishment of a uniform test of basic skills:

(a) As a requirement for admission to a professional teacher preparation program within Washington state; and

(b) As a requirement for out-of-state teachers applying for Washington state certification.

(2) This section shall expire January 31, 1997."

Correct the title accordingly.

On page 1, line 9, after "communication" insert ", reading,"

On page 1, line 12, after "communication" insert ", reading,"

Signed by Representatives Brumsickle, Chairman; Elliot, Vice Chairman; Johnson, Vice Chairman; Cole, Ranking Minority Member; Keiser, Assistant Ranking Minority Member; Clements; Fuhrman; Hatfield; Linville; McMahan; Pelesky; Poulsen; Quall; Radcliff; Smith; Talcott; B. Thomas; Thompson and Veloria.

Passed to Committee on Rules for second reading.

February 20, 1996

SSB 6237 Prime Sponsor, Committee on Transportation: Permitting the use of certain wireless communications and computer equipment in vehicles. Reported by Committee on Transportation

MAJORITY recommendation: Do pass. Signed by Representatives K. Schmidt, Chairman; Benton, Vice Chairman; Mitchell, Vice Chairman; Skinner, Vice Chairman; R. Fisher, Ranking Minority Member; Hatfield, Assistant Ranking Minority Member; Backlund; Blanton; Buck; Cairnes; Chopp; Elliot; Hankins; Horn; Johnson; McMahan; Ogden; Patterson; Quall; Robertson; Romero; D. Schmidt; Scott; Sterk and Tokuda.

Excused: Representatives Brown, Chandler and Horn.

Passed to Committee on Rules for second reading.

February 20, 1996

SB 6243 Prime Sponsor, Goings: Prohibiting state funding of organ transplants for offenders sentenced to death. Reported by Committee on Corrections

MAJORITY recommendation: Do pass with the following amendment:

On page 2, line 23, after "services" insert "or bone marrow transplant services"

Signed by Representatives Ballasiotes, Chairman; Blanton, Vice Chairman; Sherstad, Vice Chairman; Quall, Ranking Minority Member; Cole; Dickerson; Koster; Radcliff; Schoesler and D. Sommers.

MINORITY recommendation: Do not pass. Signed by Representative Tokuda, Assistant Ranking Minority Member.

Voting Yea: Representatives Ballasiotes, Sherstad, Blanton, Quall, Cole, Dickerson, Koster, Radcliff, Schoesler and D. Sommers.

Voting Nay: Representative Tokuda.

Passed to Committee on Rules for second reading.

February 21, 1996

SB 6253 Prime Sponsor, Smith: Revising the duties of the sentencing guidelines commission. Reported by Committee on Corrections

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 9.94A.040 and 1995 c 269 s 303 are each amended to read as follows:

(1) A sentencing guidelines commission is established as an agency of state government.

(2) The legislature finds that the commission, having accomplished its original statutory directive to implement this chapter, and having expertise in sentencing practice and policies, shall((, following a public hearing or hearings)):

(a) ((Devise a series of recommended standard sentence ranges for all felony offenses and a system for determining which range of punishment applies to each offender based on the extent and nature of the offender's criminal history, if any;

(b) Devise recommended prosecuting standards in respect to charging of offenses and plea agreements; and

(3) Each of the commission's recommended standard sentence ranges shall include one or more of the following: Total confinement, partial confinement, community supervision, community service, and a fine.

(4) In devising the standard sentence ranges of total and partial confinement under this section, the commission is subject to the following limitations:

(a) If the maximum term in the range is one year or less, the minimum term in the range shall be no less than one-third of the maximum term in the range, except that if the maximum term in the range is ninety days or less, the minimum term may be less than one-third of the maximum;

(b) If the maximum term in the range is greater than one year, the minimum term in the range shall be no less than seventy-five percent of the maximum term in the range; and

(c) The maximum term of confinement in a range may not exceed the statutory maximum for the crime as provided in RCW 9A.20.020.

(5) In carrying out its duties under subsection (2) of this section, the commission shall give consideration to the existing guidelines adopted by the association of superior court judges and the Washington association of prosecuting attorneys and the experience gained through use of those guidelines. The commission shall emphasize confinement for the violent offender and alternatives to total confinement for the nonviolent offender.

(6) This commission shall conduct a study to determine the capacity of correctional facilities and programs which are or will be available. While the commission need not consider such capacity in arriving at its recommendations, the commission shall project whether the implementation of its recommendations would result in exceeding such capacity. If the commission finds that this result would probably occur, then the commission shall prepare an additional list of standard sentences which shall be consistent with such capacity.

(7) The commission may)) Evaluate state sentencing policy, to include whether the sentencing ranges and standards are consistent with and further:

(i) The purposes of this chapter as defined in RCW 9.94A.010; and

(ii) The intent of the legislature to emphasize confinement for the violent offender and alternatives to confinement for the nonviolent offender.

The commission shall provide the governor and the legislature with its evaluation and recommendations under this subsection not later than December 1, 1996, and every two years thereafter;

(b) Recommend to the legislature revisions or modifications to the standard sentence ranges, state sentencing policy, prosecuting standards, and other standards. If implementation of the revisions or modifications would result in exceeding the capacity of correctional facilities, then the commission shall accompany its recommendation with an additional list of standard sentence ranges which are consistent with correction capacity((.));

(((8) The commission shall)) (c) Study the existing criminal code and from time to time make recommendations to the legislature for modification((.));

(((9) The commission may (a))) (d)(i) Serve as a clearinghouse and information center for the collection, preparation, analysis, and dissemination of information on state and local adult and juvenile sentencing practices; (((b))) (ii) develop and maintain a computerized adult and juvenile sentencing information system by individual superior court judge consisting of offender, offense, history, and sentence information entered from judgment and sentence forms for all adult felons; and (((c))) (iii) conduct ongoing research regarding adult and juvenile sentencing guidelines, use of total confinement and alternatives to total confinement, plea bargaining, and other matters relating to the improvement of the adult criminal justice system((.)) and the juvenile justice system;

(((10) The staff and executive officer of the commission may provide staffing and services to the juvenile disposition standards commission, if authorized by RCW 13.40.025 and 13.40.027. The commission may conduct joint meetings with the juvenile disposition standards commission.

(11) The commission shall)) (e) Assume the powers and duties of the juvenile disposition standards commission after June 30, ((1997.)) 1996;

(((12))) (f) Evaluate the effectiveness of existing disposition standards and related statutes in implementing policies set forth in RCW 13.40.010 generally, specifically review the guidelines relating to the confinement of minor and first offenders as well as the use of diversion, and review the application of current and proposed juvenile sentencing standards and guidelines for potential adverse impacts on the sentencing outcomes of racial and ethnic minority youth;

(g) Solicit the comments and suggestions of the juvenile justice community concerning disposition standards, and make recommendations to the legislature regarding revisions or modifications of the standards in accordance with section 2 of this act. The evaluations shall be submitted to the legislature on December 1 of each odd-numbered year. The department of social and health services shall provide the commission with available data concerning the implementation of the disposition standards and related statutes and their effect on the performance of the department's responsibilities relating to juvenile offenders, and with recommendations for modification of the disposition standards. The office of the administrator for the courts shall provide the commission with available data on diversion and dispositions of juvenile offenders under chapter 13.40 RCW; and

(h) Not later than December 1, 1997, and at least every two years thereafter, based on available information, report to the governor and the legislature on:

(i) Racial disproportionality in juvenile and adult sentencing;

(ii) The capacity of state and local juvenile and adult facilities and resources; and

(iii) Recidivism information on adult and juvenile offenders.

(4) The standard sentence ranges of total and partial confinement under this chapter are subject to the following limitations:

(b) If the maximum term in the range is greater than one year, the minimum term in the range shall be no less than seventy-five percent of the maximum term in the range; and

(c) The maximum term of confinement in a range may not exceed the statutory maximum for the crime as provided in RCW 9A.20.021.

(5) The commission shall exercise its duties under this section in conformity with chapter 34.05 RCW.

NEW SECTION. Sec. 2. A new section is added to chapter 9.94A RCW to read as follows:

(1) The sentencing guidelines commission shall recommend to the legislature no later than December 1, 1996, disposition standards for all offenses subject to the juvenile justice act, chapter 13.40 RCW.

(2) The standards shall establish, in accordance with the purposes of chapter 13.40 RCW, ranges that may include terms of confinement and/or community supervision established on the basis of the current offense and the history and seriousness of previous offenses, but in no case may the period of confinement and supervision exceed that to which an adult may be subjected for the same offense or offenses.

(3) Standards recommended for offenders listed in RCW 13.40.020(1) shall include a range of confinement that may not be less than thirty days. No standard range may include a period of confinement that includes both more than thirty, and thirty or fewer, days. Disposition standards recommended by the commission shall provide that in all cases where a youth is sentenced to a term of confinement in excess of thirty days the department may impose an additional period of parole.

(4) Standards of confinement that may be proposed may relate only to the length of the proposed terms and not to the nature of the security to be imposed.

(5) The commission's recommendations for the disposition standards shall result in a simplified sentencing system. In setting the new standards, the commission shall focus on the need to protect public safety by emphasizing punishment, deterrence, and confinement for violent and repeat offenders. The seriousness of the offense shall be the most important factor in determining the length of confinement, while the offender's age and criminal history shall count as contributing factors. The commission shall increase judicial flexibility and discretion by broadening standard ranges of confinement. The commission shall provide for the use of basic training camp programs. Alternatives to total confinement shall be considered for nonviolent offenders.

(6) In setting new standards, the commission must also study the feasibility of creating a disposition option allowing a court to order minor/first or middle offenders into inpatient substance abuse treatment. To determine the feasibility of that option, the commission must review the number of existing beds and funding available through private, county, state, or federal resources, criteria for eligibility for funding, competing avenues of access to those beds, the current system's method of prioritizing the needs for limited bed space, the average length of stay in inpatient treatment, the costs of that treatment, and the cost-effectiveness of inpatient treatment compared to outpatient treatment.

(7) In setting new standards, the commission must also recommend disposition and institutional options for serious or chronic offenders between the ages of fifteen and twenty-five who currently must either be released from juvenile court jurisdiction at age twenty-one or who are prosecuted as adults because the juvenile system is inadequate to address the seriousness of their crimes, their rehabilitation needs, or public safety. One option must include development of a youthful offender disposition option that combines adult criminal sentencing guidelines and juvenile disposition standards and addresses: (a) Whether youthful offenders would be under jurisdiction of the department of corrections or the department of social and health services; (b) whether current age restrictions on juvenile court jurisdiction would be modified; and (c) whether the department of social and health services or the department of corrections would provide institutional and community correctional services. The option must also recommend an implementation timeline and plan, identify funding and capital construction or improvement options to provide separate facilities for youthful offenders, and identify short and long-term fiscal impacts.

(8) In developing the new standards, the commission must review disposition options in other states and consult with interested parties including superior court judges, prosecutors, defense attorneys, juvenile court administrators, victims' advocates, the department of corrections and the department of social and health services, and members of the legislature.

(9) The commission shall consider whether juveniles prosecuted under the juvenile justice system for committing violent, sex, or repeated property offenses should be automatically prosecuted as adults when their term of confinement under the adult sentencing system is longer than their term of confinement under the juvenile system. The commission shall consider the option of allowing the prosecutor to determine in which system the juvenile should be prosecuted based on the anticipated length of confinement in both systems if the court imposes an exceptional sentence or manifest injustice above the standard range as requested by the prosecutor.

Sec. 3. RCW 9.94A.060 and 1993 c 11 s 1 are each amended to read as follows:

(1) The commission consists of ((sixteen)) twenty voting members, one of whom the governor shall designate as chairperson. With the exception of ex officio voting members, the voting members of the commission shall be appointed by the governor, subject to confirmation by the senate.

(2) The voting membership consists of the following:

(a) The head of the state agency having general responsibility for adult correction programs, as an ex officio member;

(b) The director of financial management or designee, as an ex officio member;

(c) Until ((June 30, 1998, the chair of)) the indeterminate sentence review board ceases to exist pursuant to RCW 9.95.0011, the chair of the board, as an ex officio member;

(d) The ((chair of the clemency and pardons board)) head of the state agency, or the agency head's designee, having responsibility for juvenile corrections programs, as an ex officio member;

(e) Two prosecuting attorneys;

(f) Two attorneys with particular expertise in defense work;

(g) Four persons who are superior court judges;

(h) One person who is the chief law enforcement officer of a county or city;

(i) ((Three)) Four members of the public who are not ((and have never been)) prosecutors, defense attorneys, judges, or law enforcement officers, one of whom is a victim of crime or a crime victims' advocate;

(j) One person who is an elected official of a county government, other than a prosecuting attorney or sheriff;

(k) One person who is an elected official of a city government;

(l) One person who is an administrator of juvenile court services.

In making the appointments, the governor shall endeavor to assure that the commission membership includes adequate representation and expertise relating to both the adult criminal justice system and the juvenile justice system. In making the appointments, the governor shall seek the recommendations of Washington prosecutors in respect to the prosecuting attorney members, of the Washington state bar association in respect to the defense attorney members, of the association of superior court judges in respect to the members who are judges, ((and)) of the Washington association of sheriffs and police chiefs in respect to the member who is a law enforcement officer, of the Washington state association of counties in respect to the member who is a county official, of the association of Washington cities in respect to the member who is a city official, of the office of crime victims advocacy and other organizations of crime victims in respect to the member who is a victim of crime or a crime victims' advocate, and of the Washington association of juvenile court administrators in respect to the member who is an administrator of juvenile court services.

(3)(a) All voting members of the commission, except ex officio voting members, shall serve terms of three years and until their successors are appointed and confirmed. ((However, the governor shall stagger the terms by appointing four of the initial members for terms of one year, four for terms of two years, and four for terms of three years.))

(b) The governor shall stagger the terms of the members appointed under subsection (2)(j), (k), and (l) of this section by appointing one of them for a term of one year, one for a term of two years, and one for a term of three years.

(4) The speaker of the house of representatives and the president of the senate may each appoint two nonvoting members to the commission, one from each of the two largest caucuses in each house. The members so appointed shall serve two-year terms, or until they cease to be members of the house from which they were appointed, whichever occurs first.

(5) The members of the commission shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Legislative members shall be reimbursed by their respective houses as provided under RCW 44.04.120, as now existing or hereafter amended. Members shall be compensated in accordance with RCW 43.03.250.

Sec. 4. RCW 13.40.025 and 1995 c 269 s 302 are each amended to read as follows:

(1) There is established a juvenile disposition standards commission to propose disposition standards to the legislature in accordance with RCW 13.40.030 and perform the other responsibilities set forth in this chapter.

(2) The commission shall be composed of the secretary or the secretary's designee and the following nine members appointed by the governor, subject to confirmation by the senate: (a) A superior court judge; (b) a prosecuting attorney or deputy prosecuting attorney; (c) a law enforcement officer; (d) an administrator of juvenile court services; (e) a public defender actively practicing in juvenile court; (f) a county legislative official or county executive; and (g) three other persons who have demonstrated significant interest in the adjudication and disposition of juvenile offenders. In making the appointments, the governor shall seek the recommendations of the association of superior court judges in respect to the member who is a superior court judge; of Washington prosecutors in respect to the prosecuting attorney or deputy prosecuting attorney member; of the Washington association of sheriffs and police chiefs in respect to the member who is a law enforcement officer; of juvenile court administrators in respect to the member who is a juvenile court administrator; and of the state bar association in respect to the public defender member; and of the Washington association of counties in respect to the member who is either a county legislative official or county executive.

(3) The secretary or the secretary's designee shall serve as chairman of the commission.

(4) The secretary shall serve on the commission during the secretary's tenure as secretary of the department. The term of the remaining members of the commission shall be three years. The initial terms shall be determined by lot conducted at the commission's first meeting as follows: (a) Four members shall serve a two-year term; and (b) four members shall serve a three-year term. In the event of a vacancy, the appointing authority shall designate a new member to complete the remainder of the unexpired term.

(5) Commission members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Members shall be compensated in accordance with RCW 43.03.240.

(6) The commission shall cease to exist on June 30, ((1997)) 1996, and its powers and duties shall be transferred to the sentencing guidelines commission established under RCW 9.94A.040.

Sec. 5. RCW 13.40.030 and 1989 c 407 s 3 are each amended to read as follows:

(1)(((a) The juvenile disposition standards commission shall recommend to the legislature no later than November 1st of each year disposition standards for all offenses. The standards shall establish, in accordance with the purposes of this chapter, ranges which may include terms of confinement and/or community supervision established on the basis of a youth's age, the instant offense, and the history and seriousness of previous offenses, but in no case may the period of confinement and supervision exceed that to which an adult may be subjected for the same offense(s). Standards recommended for offenders listed in RCW 13.40.020(1) shall include a range of confinement which may not be less than thirty days. No standard range may include a period of confinement which includes both more than thirty, and thirty or less, days. Disposition standards recommended by the commission shall provide that in all cases where a youth is sentenced to a term of confinement in excess of thirty days the department may impose an additional period of parole not to exceed eighteen months. Standards of confinement which may be proposed may relate only to the length of the proposed terms and not to the nature of the security to be imposed. In developing recommended disposition standards, the commission shall consider the capacity of the state juvenile facilities and the projected impact of the proposed standards on that capacity.

(b))) The secretary shall submit guidelines pertaining to the nature of the security to be imposed on youth placed in his or her custody based on the age, offense(s), and criminal history of the juvenile offender. Such guidelines shall be submitted to the legislature for its review no later than November 1st of each year. At the same time the secretary shall submit a report on security at juvenile facilities during the preceding year. The report shall include the number of escapes from each juvenile facility, the most serious offense for which each escapee had been confined, the number and nature of offenses found to have been committed by juveniles while on escape status, the number of authorized leaves granted, the number of failures to comply with leave requirements, the number and nature of offenses committed while on leave, and the number and nature of offenses committed by juveniles while in the community on minimum security status; to the extent this information is available to the secretary. The department shall include security status definitions in the security guidelines it submits to the legislature pursuant to this section.

(2) ((In developing recommendations for)) The permissible ranges of confinement ((under this section the commission shall be)) resulting from a finding of manifest injustice under RCW 13.40.0357 are subject to the following limitations:

(a) Where the maximum term in the range is ninety days or less, the minimum term in the range may be no less than fifty percent of the maximum term in the range;

(b) Where the maximum term in the range is greater than ninety days but not greater than one year, the minimum term in the range may be no less than seventy-five percent of the maximum term in the range; and

(c) Where the maximum term in the range is more than one year, the minimum term in the range may be no less than eighty percent of the maximum term in the range.

Sec. 6. RCW 13.50.010 and 1994 sp.s. c 7 s 541 are each amended to read as follows:

(1) For purposes of this chapter:

(a) "Juvenile justice or care agency" means any of the following: Police, diversion units, court, prosecuting attorney, defense attorney, detention center, attorney general, the department of social and health services and its contracting agencies, schools; and, in addition, persons or public or private agencies having children committed to their custody;

(b) "Official juvenile court file" means the legal file of the juvenile court containing the petition or information, motions, memorandums, briefs, findings of the court, and court orders;

(d) "Records" means the official juvenile court file, the social file, and records of any other juvenile justice or care agency in the case.

(2) Each petition or information filed with the court may include only one juvenile and each petition or information shall be filed under a separate docket number. The social file shall be filed separately from the official juvenile court file.

(3) It is the duty of any juvenile justice or care agency to maintain accurate records. To this end:

(a) The agency may never knowingly record inaccurate information. Any information in records maintained by the department of social and health services relating to a petition filed pursuant to chapter 13.34 RCW that is found by the court, upon proof presented, to be false or inaccurate shall be corrected or expunged from such records by the agency;

(b) An agency shall take reasonable steps to assure the security of its records and prevent tampering with them; and

(c) An agency shall make reasonable efforts to insure the completeness of its records, including action taken by other agencies with respect to matters in its files.

(4) Each juvenile justice or care agency shall implement procedures consistent with the provisions of this chapter to facilitate inquiries concerning records.

(5) Any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency and who has been denied access to those records by the agency may make a motion to the court for an order authorizing that person to inspect the juvenile justice or care agency record concerning that person. The court shall grant the motion to examine records unless it finds that in the interests of justice or in the best interests of the juvenile the records or parts of them should remain confidential.

(6) A juvenile, or his or her parents, or any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency may make a motion to the court challenging the accuracy of any information concerning the moving party in the record or challenging the continued possession of the record by the agency. If the court grants the motion, it shall order the record or information to be corrected or destroyed.

(7) The person making a motion under subsection (5) or (6) of this section shall give reasonable notice of the motion to all parties to the original action and to any agency whose records will be affected by the motion.

(8) The court may permit inspection of records by, or release of information to, any clinic, hospital, or agency which has the subject person under care or treatment. The court may also permit inspection by or release to individuals or agencies, including juvenile justice advisory committees of county law and justice councils, engaged in legitimate research for educational, scientific, or public purposes. The court may also permit inspection of, or release of information from, records which have been sealed pursuant to RCW 13.50.050(11). The court shall release to the sentencing guidelines commission records needed for its research and data-gathering functions under RCW 9.94A.040 and other statutes. Access to records or information for research purposes shall be permitted only if the anonymity of all persons mentioned in the records or information will be preserved. Each person granted permission to inspect juvenile justice or care agency records for research purposes shall present a notarized statement to the court stating that the names of juveniles and parents will remain confidential.

(9) Juvenile detention facilities shall release records to the ((juvenile disposition standards)) sentencing guidelines commission under RCW 13.40.025 and 9.94A.040 upon request. The commission shall not disclose the names of any juveniles or parents mentioned in the records without the named individual's written permission.

Sec. 7. RCW 72.09.300 and 1994 sp.s. c 7 s 542 are each amended to read as follows:

(1) Every county legislative authority shall by resolution or ordinance establish a local law and justice council. The county legislative authority shall determine the size and composition of the council, which shall include the county sheriff and a representative of the municipal police departments within the county, the county prosecutor and a representative of the municipal prosecutors within the county, a representative of the city legislative authorities within the county, a representative of the county's superior, juvenile, district, and municipal courts, the county jail administrator, the county clerk, the county risk manager, and the secretary of corrections. Officials designated may appoint representatives.

(2) A combination of counties may establish a local law and justice council by intergovernmental agreement. The agreement shall comply with the requirements of this section.

(3) The local law and justice council shall develop a local law and justice plan for the county. The council shall design the elements and scope of the plan, subject to final approval by the county legislative authority. The general intent of the plan shall include seeking means to maximize local resources including personnel and facilities, reduce duplication of services, and share resources between local and state government in order to accomplish local efficiencies without diminishing effectiveness. The plan shall also include a section on jail management. This section may include the following elements:

(a) A description of current jail conditions, including whether the jail is overcrowded;

(b) A description of potential alternatives to incarceration;

(d) A description of the jail population as it presently exists and how it is projected to change in the future;

(e) A description of projected future resource requirements;

(f) A proposed action plan, which shall include recommendations to maximize resources, maximize the use of intermediate sanctions, minimize overcrowding, avoid duplication of services, and effectively manage the jail and the offender population;

(g) A list of proposed advisory jail standards and methods to effect periodic quality assurance inspections of the jail;

(h) A proposed plan to collect, synthesize, and disseminate technical information concerning local criminal justice activities, facilities, and procedures;

(i) A description of existing and potential services for offenders including employment services, substance abuse treatment, mental health services, and housing referral services.

(4) The council may propose other elements of the plan, which shall be subject to review and approval by the county legislative authority, prior to their inclusion into the plan.

(5) The county legislative authority may request technical assistance in developing or implementing the plan from other units or agencies of state or local government, which shall include the department, the office of financial management, and the Washington association of sheriffs and police chiefs.

(6) Upon receiving a request for assistance from a county, the department may provide the requested assistance.

(7) The secretary may adopt rules for the submittal, review, and approval of all requests for assistance made to the department. The secretary may also appoint an advisory committee of local and state government officials to recommend policies and procedures relating to the state and local correctional systems and to assist the department in providing technical assistance to local governments. The committee shall include representatives of the county sheriffs, the police chiefs, the county prosecuting attorneys, the county and city legislative authorities, and the jail administrators. The secretary may contract with other state and local agencies and provide funding in order to provide the assistance requested by counties.

(8) The department shall establish a base level of state correctional services, which shall be determined and distributed in a consistent manner state-wide. The department's contributions to any local government, approved pursuant to this section, shall not operate to reduce this base level of services.

(9) The council shall establish an advisory committee on juvenile justice proportionality. The council shall appoint the county juvenile court administrator and at least five citizens as advisory committee members. The citizen advisory committee members shall be representative of the county's ethnic and geographic diversity. The advisory committee members shall serve two-year terms and may be reappointed. The duties of the advisory committee include:

(a) Monitoring and reporting to the ((juvenile disposition standards)) sentencing guidelines commission on the proportionality, effectiveness, and cultural relevance of:

(i) The rehabilitative services offered by county and state institutions to juvenile offenders; and

(ii) The rehabilitative services offered in conjunction with diversions, deferred dispositions, community supervision, and parole;

(b) Reviewing citizen complaints regarding bias or disproportionality in that county's juvenile justice system;

(c) By September 1 of each year, beginning with 1995, submit to the ((juvenile disposition standards)) sentencing guidelines commission a report summarizing the advisory committee's findings under (a) and (b) of this subsection.

Sec. 8. 1995 c 269 s 3603 (uncodified) is amended to read as follows:

Section 301 of this act shall take effect June 30, ((1997)) 1996.

NEW SECTION. Sec. 9. RCW 13.40.027 and 1993 c 415 s 9, 1992 c 205 s 103, 1989 c 407 s 2, 1986 c 288 s 9, & 1981 c 299 s 4 are each repealed.

NEW SECTION. Sec. 10. 1996 c . . . s 3 (section 3 of this act) is repealed, effective June 30, 1999.

NEW SECTION. Sec. 11. (1) Sections 1 through 8 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 take effect immediately.

(2) Section 9 of this act takes effect July 1, 1996."

On page 1, line 1 of the title, after "commission;" strike the remainder of the title and insert "amending RCW 9.94A.040, 9.94A.060, 13.40.025, 13.40.030, 13.50.010, and 72.09.300; amending 1995 c 269 s 3603 (uncodified); adding a new section to chapter 9.94A RCW; repealing RCW 13.40.027; providing an effective date; and declaring an emergency."

Signed by Representatives Ballasiotes, Chairman; Blanton, Vice Chairman; Sherstad, Vice Chairman; Quall, Ranking Minority Member; Tokuda, Assistant Ranking Minority Member; Cole; Dickerson; Koster; Radcliff; Schoesler and D. Sommers.

Voting Yea: Representatives Ballasiotes, Sherstad, Blanton, Quall, Tokuda, Cole, Dickerson, Koster, Radcliff, Schoesler and D. Sommers.

Referred to Committee on Appropriations.

February 21, 1996

ESSB 6266 Prime Sponsor, Committee on Law & Justice: Establish lost and uncertain boundaries. Reported by Committee on Law & Justice

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The purpose of this chapter is to provide alternative procedures for fixing boundary points or lines when they cannot be determined from the existing public record and landmarks or are otherwise in dispute. This chapter does not impair, modify, or supplant any other remedy available at law or equity.

NEW SECTION. Sec. 2. As used in this chapter, "surveyor" means every person authorized to practice the profession of land surveying under the provisions of chapter 18.43 RCW.

NEW SECTION. Sec. 3. Whenever a point or line determining the boundary between two or more parcels of real property cannot be identified from the existing public record, monuments, and landmarks, or is in dispute, the landowners affected by the determination of the point or line may resolve any dispute and fix the boundary point or line by one of the following procedures:

(1) If all of the affected landowners agree to a description and marking of a point or line determining a boundary, they shall document the agreement in a written instrument, using appropriate legal descriptions and including a survey map, filed in accordance with chapter 58.09 RCW. The written instrument shall be signed and acknowledged by each party in the manner required for a conveyance of real property. The agreement is binding upon the parties, their successors, assigns, heirs and devisees and runs with the land. The agreement shall be recorded with the real estate records in the county or counties in which the affected parcels of real estate or any portion of them is located;

(2) If all of the affected landowners cannot agree to a point or line determining the boundary between two or more parcels of real estate, any one of them may bring suit for determination as provided in RCW 58.04.020.

NEW SECTION. Sec. 4. Any surveyor authorized by the court and the surveyor's employees may, without liability for trespass, enter upon any land or waters and remain there while performing the duties as required in sections 1 through 4 of this act. The persons named in this section may, without liability for trespass, investigate, construct, or place a monument or reference monuments for the position of any land boundary mark or general land office corner or mark and subdivisional corners thereof. Persons entering lands under the authority of sections 1 through 4 of this act must exercise due care not to damage property while on land or waters performing their duties, and are liable for property damage, if any, caused by their negligence or willful misconduct. Where practical, the persons named in this section must announce and identify themselves and their intention before entering upon private property in the performance of their duties.

NEW SECTION. Sec. 5. A person who intentionally disturbs a survey monument placed by a surveyor in the performance of the surveyor's duties is guilty of a gross misdemeanor and is liable for the cost of the reestablishment.

NEW SECTION. Sec. 6. RCW 58.04.010 and 1895 c 77 s 9 are each repealed.

NEW SECTION. Sec. 7. Sections 1 through 5 of this act are each added to chapter 58.04 RCW.

Sec. 8. RCW 58.04.020 and 1886 p 104 s 1 are each amended to read as follows:

(1) Whenever the boundaries of lands between two or more adjoining proprietors ((shall)) have been lost, or by time, accident or any other cause, ((shall)) have become obscure, or uncertain, and the adjoining proprietors cannot agree to establish the same, one or more of ((said)) the adjoining proprietors may bring ((his)) a civil action in equity, in the superior court, for the county in which such lands, or part of them are situated, and ((such)) that superior court, as a court of equity, may upon ((such)) the complaint, order such lost or uncertain boundaries to be erected and established and properly marked.

(2) The superior court may order the parties to utilize mediation before the civil action is allowed to proceed."

On page 1, line 2 of the title, after "boundaries;" strike the remainder of the title and insert "amending RCW 58.04.020; adding new sections to chapter 58.04 RCW; repealing RCW 58.04.010; and prescribing penalties."

Voting Yea: Representatives Sheahan, Hickel, Delvin, Dellwo, Costa, Carrell, Chappell, Cody, Lambert, McMahan, Morris, Murray, Robertson, Smith, Sterk and Veloria.

Excused: Representative Campbell.

Passed to Committee on Rules for second reading.

February 20, 1996

SSB 6271 Prime Sponsor, Committee on Transportation: Expanding automotive title branding. Reported by Committee on Transportation

Excused: Representatives Brown, Chandler and Horn.

Passed to Committee on Rules for second reading.

February 21, 1996

SSB 6279 Prime Sponsor, Committee on Ways & Means: Providing for the taxation of fermented apple and pear cider. Reported by Committee on Agriculture & Ecology

MAJORITY recommendation: Do pass. Signed by Representatives Chandler, Chairman; Koster, Vice Chairman; Chappell, Ranking Minority Member; Linville, Assistant Ranking Minority Member; Clements; Delvin; R. Fisher; Honeyford; Johnson; Mastin; Murray; Ogden; Regala; Robertson; Rust and Schoesler.

Voting Yea: Representatives Chandler, Koster, Chappell, Linville, Clements, Delvin, R. Fisher, Honeyford, Johnson, Mastin, Murray, Ogden, Regala, Robertson, Rust and Schoesler.

Excused: Representative Boldt.

Passed to Committee on Rules for second reading.

February 21, 1996

SB 6283 Prime Sponsor, Rasmussen: Increasing tax deductions available to low-density light and power businesses. Reported by Committee on Energy & Utilities

MAJORITY recommendation: Do pass. Signed by Representatives Casada, Chairman; Crouse, Vice Chairman; Hankins, Vice Chairman; Patterson, Ranking Minority Member; Poulsen, Assistant Ranking Minority Member; Chandler; Kessler; Mastin and Mitchell.

Voting Yea: Representatives Casada, Hankins, Crouse, Kessler, Mastin and Poulsen.

Excused: Representatives Patterson, Chandler and Mitchell

Passed to Committee on Rules for second reading.

February 21, 1996

ESSB 6285 Prime Sponsor, Committee on Human Services & Corrections: Providing for disclosure of offenders' HIV test results to department of corrections and jail staff. Reported by Committee on Corrections

MAJORITY recommendation: Do pass. Signed by Representatives Ballasiotes, Chairman; Blanton, Vice Chairman; Sherstad, Vice Chairman; Koster; Radcliff; Schoesler and D. Sommers.

MINORITY recommendation: Without recommendation. Signed by Representatives Quall, Ranking Minority Member; Tokuda, Assistant Ranking Minority Member; Cole and Dickerson.

Voting Yea: Representatives Ballasiotes, Sherstad, Blanton, Koster, Radcliff, Schoesler and D. Sommers.

Voting Nay: Representatives Quall, Tokuda, Cole and Dickerson.

Passed to Committee on Rules for second reading.

February 20, 1996

SB 6312 Prime Sponsor, Bauer: Changing the tuition exemption for veterans of the Persian Gulf combat zone. Reported by Committee on Higher Education

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 28B.15.628 and 1994 c 208 s 2 are each amended to read as follows:

(1) The legislature finds that military and naval veterans who have served their country in wars on foreign soil have risked their own lives to defend both the lives of all Americans and the freedoms that define and distinguish our nation. It is the intent of the legislature to honor Persian Gulf combat zone veterans for the public service they have provided to their country. It is the further intent of the legislature that, for eligible Persian Gulf combat zone veterans, institutions of higher education waive tuition and fee increases that have occurred after the 1990-91 academic year.

(2) Subject to the limitations of RCW 28B.15.910, the governing boards of the state universities, the regional universities, The Evergreen State College, and the community colleges may exempt veterans of the Persian Gulf combat zone from all or a portion of increases in tuition and fees that occur after the 1990-91 academic year, if((:

(a))) the veteran could have qualified as a Washington resident student under RCW 28B.15.012(2), had he or she been enrolled as a student on August 1, 1990((;

(b) The veteran is enrolled for seven or more quarter credits per academic term or their equivalent, except summer term and not including community service courses; and

(c) The veteran's adjusted gross family income as most recently reported to the internal revenue service does not exceed Washington state's median family income as established by the federal bureau of the census)).

(3) For the purposes of this section, "a veteran of the Persian Gulf combat zone" means a person who ((during any portion of calendar year 1991, served in active federal service as a member of the armed military or naval forces of the United States in a combat zone as designated by the president of the United States by executive order)) served on active duty in the armed forces of the United States during any portion of the 1991 calendar year in the Persian Gulf combat zone as designated by executive order of the president of the United States.

(4) This section expires June 30, 1999.

Sec. 2. 1994 c 208 s 4 (uncodified) is amended to read as follows:

Section((s)) 13 ((and 14)) of this act shall expire on June 30, 1997."

On page 1, line 1 of the title, after "veterans;" strike the remainder of the title and insert "amending RCW 28B.15.628; amending 1994 c 208 s 4 (uncodified); and providing an expiration date."

Voting Yea: Representatives Carlson, Mulliken, Jacobsen, Mason, Basich, Benton, Blanton, Delvin, Goldsmith, Mastin, Scheuerman and Sheahan.

Passed to Committee on Rules for second reading.

February 20, 1996

ESSB 6313 Prime Sponsor, Committee on Higher Education: Waiving tuition and fees for certain state employees. Reported by Committee on Higher Education

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 28B.15.558 and 1992 c 231 s 20 are each amended to read as follows:

(1) The governing boards of the state universities, the regional universities, The Evergreen State College, and the community colleges may waive all or a portion of the tuition and services and activities fees for state employees as defined under subsection (2) of this section pursuant to the following conditions:

(a) Such state employees shall register for and be enrolled in courses on a space available basis and no new course sections shall be created as a result of the registration;

(b) Enrollment information on state employees registered pursuant to this section shall be maintained separately from other enrollment information and shall not be included in official enrollment reports, nor shall such state employees be considered in any enrollment statistics which would affect budgetary determinations; and

(c) State employees registering on a space available basis shall be charged a registration fee of not less than five dollars.

(2) For the purposes of this section, "state employees" means permanent ((full-time)) employees employed half-time or more in classified service under chapter((s 28B.16 and)) 41.06 RCW; permanent employees employed half-time or more who are governed by chapter 41.56 RCW pursuant to the exercise of the option under RCW 41.56.201; permanent classified employees and exempt paraprofessional employees of technical colleges employed half-time or more; and nonacademic employees and members of the faculties and instructional staff employed half-time or more at institutions of higher education as defined in RCW 28B.10.016.

NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."

On page 1, line 2 of the title, after "education;" strike the remainder of the title and insert "amending RCW 28B.15.558; and declaring an emergency."

Voting Yea: Representatives Carlson, Mulliken, Jacobsen, Mason, Basich, Benton, Blanton, Delvin, Goldsmith, Mastin, Scheuerman and Sheahan.

Passed to Committee on Rules for second reading.

February 20, 1996

SSB 6379 Prime Sponsor, Committee on Higher Education: Expanding the definition of "training system" for purposes of work force training and education. Reported by Committee on Higher Education

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 28C.18.005 and 1991 c 238 s 1 are each amended to read as follows:

The legislature finds that the state's system of work force training and education is inadequate for meeting the needs of the state's workers, employers, and economy. A growing shortage of skilled workers is already hurting the state's economy. There is a shortage of available workers and too often prospective employees lack the skills and training needed by employers. Moreover, with demographic changes in the state's population employers will need to employ a more culturally diverse work force in the future.

The legislature further finds that the state's current work force training and education system is fragmented among numerous agencies, councils, boards, and committees, with inadequate overall coordination. No comprehensive strategic plan guides the different parts of the system. There is no single point of leadership and responsibility. There is insufficient guidance from employers and workers built into the system to ensure that the system is responsive to the needs of its customers. Adult work force education lacks a uniform system of governance, with an inefficient division in governance between community colleges and vocational technical institutes, and inadequate local authority. The parts of the system providing adult basic skills and literacy education are especially uncoordinated and lack sufficient visibility to adequately address the needs of the large number of adults in the state who are functionally illiterate. The work force training and education system's data and evaluation methods are inconsistent and unable to provide adequate information for determining how well the system is performing on a regular basis so that the system may be held accountable for the outcomes it produces. Much of the work force training and education system provides inadequate opportunities to meet the needs of people from culturally diverse backgrounds. Finally, our public and private educational institutions are not producing the number of people educated in vocational/technical skills needed by employers.

The legislature recognizes that we must make certain that our public and private institutions of education place appropriate emphasis on the needs of employers and on the needs of the approximately eighty percent of our young people who enter the world of work without completing a four-year program of higher education. We must make our work force education and training system better coordinated, more efficient, more responsive to the needs of business and workers and local communities, more accountable for its performance, and more open to the needs of a culturally diverse population.

Sec. 2. RCW 28C.18.010 and 1991 c 238 s 2 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this title.

(1) "Board" means the work force training and education coordinating board.

(2) "Director" means the director of the work force training and education coordinating board.

(3) "Training system" means programs and courses of secondary vocational education, technical college programs and courses, community college vocational programs and courses, private career school and college programs and courses, employer-sponsored training, adult basic education programs and courses, programs and courses funded by the job training partnership act, programs and courses funded by the federal vocational act, programs and courses funded under the federal adult education act, publicly funded programs and courses for adult literacy education, and apprenticeships, and programs and courses offered by private and public nonprofit organizations that are representative of communities or significant segments of communities and provide job training or adult literacy services.

(4) "Work force skills" means skills developed through applied learning that strengthen and reinforce an individual's academic knowledge, critical thinking, problem solving, and work ethic and, thereby, develop the employability, occupational skills, and management of home and work responsibilities necessary for economic independence.

(5) "Vocational education" means organized educational programs offering a sequence of courses which are directly related to the preparation or retraining of individuals in paid or unpaid employment in current or emerging occupations requiring other than a baccalaureate or advanced degree. Such programs shall include competency-based applied learning which contributes to an individual's academic knowledge, higher-order reasoning, and problem-solving skills, work attitudes, general employability skills, and the occupational-specific skills necessary for economic independence as a productive and contributing member of society. Such term also includes applied technology education.

(6) "Adult basic education" means instruction designed to achieve mastery of skills in reading, writing, oral communication, and computation at a level sufficient to allow the individual to function effectively as a parent, worker, and citizen in the United States, commensurate with that individual's actual ability level, and includes English as a second language and preparation and testing service for the general education development exam.

Sec. 3. RCW 28C.18.030 and 1991 c 238 s 4 are each amended to read as follows:

The purpose of the board is to provide planning, coordination, evaluation, monitoring, and policy analysis for the state training system as a whole, and advice to the governor and legislature concerning the state training system, in cooperation with ((the agencies which comprise)) the state training system((,)) and the higher education coordinating board.

Sec. 4. RCW 28C.18.060 and 1993 c 280 s 17 are each amended to read as follows:

The board, in cooperation with the operating agencies of the state training system and private career schools and colleges shall:

(1) Concentrate its major efforts on planning, coordination evaluation, policy analysis, and recommending improvements to the state's training system.

(2) Advocate for the state training system and for meeting the needs of employers and the work force for work force education and training.

(3) Establish and maintain an inventory of the programs of the state training system, and related state programs, and perform a biennial assessment of the vocational education, training, and adult basic education and literacy needs of the state; identify ongoing and strategic education needs; and assess the extent to which employment, training, vocational and basic education, rehabilitation services, and public assistance services represent a consistent, integrated approach to meet such needs.

(4) Develop and maintain a state comprehensive plan for work force training and education, including but not limited to, goals, objectives, and priorities for the state training system, and review the state training system for consistency with the state comprehensive plan. In developing the state comprehensive plan for work force training and education, the board shall use, but shall not be limited to: Economic, labor market, and populations trends reports in office of financial management forecasts; joint office of financial management and employment security department labor force, industry employment, and occupational forecasts; the results of scientifically based outcome, net-impact and cost-benefit evaluations; the needs of employers as evidenced in formal employer surveys and other employer input; and the needs of program participants and workers as evidenced in formal surveys and other input from program participants and the labor community.

(5) In consultation with the higher education coordinating board, review and make recommendations to the office of financial management and the legislature on operating and capital facilities budget requests for operating agencies of the state training system for purposes of consistency with the state comprehensive plan for work force training and education.

(6) Provide for coordination among the different operating agencies and components of the state training system at the state level and at the regional level.

(7) Develop a consistent and reliable data base on vocational education enrollments, costs, program activities, and job placements from publicly funded vocational education programs in this state.

(8) Establish standards for data collection and maintenance for the operating agencies of the state training system in a format that is accessible to use by the board. The board shall require a minimum of common core data to be collected by each operating agency of the state training system.

The board shall develop requirements for minimum common core data in consultation with the office of financial management and the operating agencies of the training system.

(9) Establish minimum standards for program evaluation for the operating agencies of the state training system, including, but not limited to, the use of common survey instruments and procedures for measuring perceptions of program participants and employers of program participants, and monitor such program evaluation.

(10) Every two years administer scientifically based outcome evaluations of the state training system, including, but not limited to, surveys of program participants, surveys of employers of program participants, and matches with employment security department payroll and wage files. Every five years administer scientifically based net-impact and cost-benefit evaluations of the state training system.

(11) In cooperation with the employment security department, provide for the improvement and maintenance of quality and utility in occupational information and forecasts for use in training system planning and evaluation. Improvements shall include, but not be limited to, development of state-based occupational change factors involving input by employers and employees, and delineation of skill and training requirements by education level associated with current and forecasted occupations.

(12) Provide for the development of common course description formats, common reporting requirements, and common definitions for operating agencies of the training system.

(13) Provide for effectiveness and efficiency reviews of the state training system.

(14) In cooperation with the higher education coordinating board, facilitate transfer of credit policies and agreements between institutions of the state training system, and encourage articulation agreements for programs encompassing two years of secondary work force education and two years of postsecondary work force education.

(15) In cooperation with the higher education coordinating board, facilitate transfer of credit policies and agreements between private training institutions and institutions of the state training system.

(16) Participate in the development of coordination criteria for activities under the job training partnership act with related programs and services provided by state and local education and training agencies.

(17) Make recommendations to the commission of student assessment, the state board of education, and the superintendent of public instruction, concerning basic skill competencies and essential core competencies for K-12 education. Basic skills for this purpose shall be reading, writing, computation, speaking, and critical thinking, essential core competencies for this purpose shall be English, math, science/technology, history, geography, and critical thinking. The board shall monitor the development of and provide advice concerning secondary curriculum which integrates vocational and academic education.

(18) Establish and administer programs for marketing and outreach to businesses and potential program participants.

(19) Facilitate the location of support services, including but not limited to, child care, financial aid, career counseling, and job placement services, for students and trainees at institutions in the state training system, and advocate for support services for trainees and students in the state training system.

(20) Facilitate private sector assistance for the state training system, including but not limited to: Financial assistance, rotation of private and public personnel, and vocational counseling.

(21) Facilitate programs for school-to-work transition that combine classroom education and on-the-job training in industries and occupations without a significant number of apprenticeship programs.

(22) Encourage and assess progress for the equitable representation of racial and ethnic minorities, women, and people with disabilities among the students, teachers, and administrators of the state training system. Equitable, for this purpose, shall mean substantially proportional to their percentage of the state population in the geographic area served. This function of the board shall in no way lessen more stringent state or federal requirements for representation of racial and ethnic minorities, women, and people with disabilities.

(23) Participate in the planning and policy development of governor set-aside grants under P.L. 97-300, as amended.

(24) Administer veterans' programs, licensure of private vocational schools, the job skills program, and the Washington award for vocational excellence.

(25) Allocate funding from the state job training trust fund.

(26) Work with the director of community, trade, and economic development to ensure coordination between work force training priorities and that department's economic development efforts.

(27) Adopt rules as necessary to implement this chapter.

The board may delegate to the director any of the functions of this section."

On page 1, line 2 of the title, after "board;" strike the remainder of the title and insert "and amending RCW 28C.18.005, 28C.18.010, 28C.18.030, and 28C.18.060."

Voting Yea: Representatives Carlson, Mulliken, Jacobsen, Mason, Basich, Benton, Blanton, Delvin, Goldsmith, Mastin, Scheuerman and Sheahan.

Passed to Committee on Rules for second reading.

February 20, 1996

ESSB 6398 Prime Sponsor, Committee on Human Services & Corrections: Providing for background checks of employees at the special commitment center. Reported by Committee on Children & Family Services

MAJORITY recommendation: Do pass. Signed by Representatives Cooke, Chairman; Lambert, Vice Chairman; Stevens, Vice Chairman; Tokuda, Ranking Minority Member; Brown, Assistant Ranking Minority Member; Buck; Carrell; Dickerson; Patterson and Sterk.

Voting Yea: Representatives Cooke, Stevens, Lambert, Tokuda, Brown, Buck, Carrell, Dickerson, Patterson and Sterk.

Excused: Representative Boldt.

Passed to Committee on Rules for second reading.

February 21, 1996

ESSB 6427 Prime Sponsor, Committee on Energy, Telecommunications & Utilities: Using an unfinished nuclear energy facility. Reported by Committee on Energy & Utilities

Voting Yea: Representatives Casada, Hankins, Crouse, Kessler, Mastin, Mitchell and Poulsen.

Excused: Representatives Patterson and Chandler.

Passed to Committee on Rules for second reading.

February 22, 1996

SSB 6432 Prime Sponsor, Committee on Education: Requiring individualized education programs for deaf, deaf-blind, and hard of hearing children to fully consider the communications needs of individual children. Reported by Committee on Education

MAJORITY recommendation: Do pass with the following amendment:

On page 2, after line 38, insert the following:

"NEW SECTION. Sec. 4. A new section is added to chapter 28A.155 RCW to read as follows:

School districts shall notify the department of social and health services, office of deaf and hard of hearing services, of students who are identified by the school district as being deaf or hard of hearing as defined by rules of the superintendent of public instruction. The purpose of the notification is to increase the availability of services to these students.

School districts shall send a list of deaf and hard of hearing students who were enrolled in the district during the 1995-96 school year to the office of deaf and hard of hearing services by September 1, 1996. For the 1996-97 school year and thereafter, school districts shall notify the office within thirty days after a student has been identified as being deaf or hard of hearing."

Renumber the remaining sections and correct the title accordingly.

On page 3, beginning on line 1, strike everything through "act." on line 8 and insert the following:

"NEW SECTION. Sec. 4. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1996, in the omnibus supplemental appropriations act, this act is null and void."

Correct the title accordingly.

Referred to Committee on Appropriations.

February 21, 1996

SB 6453 Prime Sponsor, Sutherland: Allowing phone companies and other information providers to include listings for elective officials in their directories free of charge. Reported by Committee on Energy & Utilities

MINORITY recommendation: Do not pass. Signed by Representatives Mastin and Mitchell.

Voting Yea: Representatives Casada, Hankins, Crouse, Kessler and Poulsen.

Voting Nay: Representatives Mastin and Mitchell.

Excused: Representatives Patterson and Chandler.

Passed to Committee on Rules for second reading.

February 20, 1996

SB 6476 Prime Sponsor, Sheldon: Adjusting vehicle and vessel fees. Reported by Committee on Transportation

MAJORITY recommendation: Do pass. Signed by Representatives K. Schmidt, Chairman; Benton, Vice Chairman; Mitchell, Vice Chairman; Skinner, Vice Chairman; R. Fisher, Ranking Minority Member; Hatfield, Assistant Ranking Minority Member; Backlund; Blanton; Cairnes; Chopp; Elliot; Hankins; Horn; Johnson; Ogden; Patterson; Quall; Robertson; Romero; D. Schmidt; Scott and Tokuda.

MINORITY recommendation: Do not pass. Signed by Representatives McMahan and Sterk.

Voting Yea: Representatives K. Schmidt, Skinner, Mitchell, Benton, R. Fisher, Hatfield, Backlund, Blanton, Buck, Cairnes, Chopp, Elliot, Hankins, Johnson, Ogden, Patterson, Quall, Robertson, Romero, D. Schmidt, Scott and Tokuda.

Voting Nay: Representatives McMahan and Sterk.

Excused: Representatives Brown, Chandler and Horn.

Passed to Committee on Rules for second reading.

February 21, 1996

SSB 6487 Prime Sponsor, Committee on Transportation: Revising qualifications for commercial driver's licenses. Reported by Committee on Transportation

MAJORITY recommendation: Do pass. Signed by Representatives K. Schmidt, Chairman; Benton, Vice Chairman; Mitchell, Vice Chairman; Skinner, Vice Chairman; R. Fisher, Ranking Minority Member; Hatfield, Assistant Ranking Minority Member; Backlund; Blanton; Brown; Buck; Cairnes; Chopp; Elliot; Hankins; Horn; Johnson; McMahan; Ogden; Patterson; Quall; Robertson; Romero; D. Schmidt; Scott; Sterk and Tokuda.

Voting Yea: Representatives K. Schmidt, Skinner, Mitchell, Benton, R. Fisher, Hatfield, Backlund, Blanton, Brown, Buck, Cairnes, Chopp, Elliot, Hankins, Horn, Johnson, McMahan, Ogden, Patterson, Quall, Robertson, Romero, D. Schmidt, Scott, Sterk and Tokuda.

Excused: Representative Chandler.

Passed to Committee on Rules for second reading.

February 20, 1996

SB 6489 Prime Sponsor, Owen: Clarifying criteria for refund of overpayments of vehicle and vessel license fees. Reported by Committee on Transportation

MAJORITY recommendation: Do pass. Signed by Representatives K. Schmidt, Chairman; Benton, Vice Chairman; Mitchell, Vice Chairman; R. Fisher, Ranking Minority Member; Hatfield, Assistant Ranking Minority Member; Backlund; Blanton; Cairnes; Chopp; Elliot; Hankins; Horn; Johnson; McMahan; Ogden; Patterson; Quall; Robertson; Romero; D. Schmidt; Scott; Sterk and Tokuda.

Excused: Representatives Brown, Chandler and Horn.

Passed to Committee on Rules for second reading.

February 22, 1996

SSB 6514 Prime Sponsor, Committee on Human Services & Corrections: Enhancing preservation services for families. Reported by Committee on Children & Family Services

MAJORITY recommendation: Do pass with the following amendment:

On page 1, line 5, after "following:" insert "(1) Prevent unnecessary out-of-home placement by targeting services to families most at risk;"

Renumber the remaining subsections accordingly.

On page 6, beginning on line 19, strike section 5.

Signed by Representatives Cooke, Chairman; Lambert, Vice Chairman; Stevens, Vice Chairman; Tokuda, Ranking Minority Member; Brown, Assistant Ranking Minority Member; Buck; Carrell; Dickerson and Patterson.

Voting Yea: Representatives Cooke, Stevens, Lambert, Tokuda, Brown, Buck, Carrell, Dickerson, Patterson and Sterk.

Excused: Representative Boldt.

Passed to Committee on Rules for second reading.

February 21, 1996

SSB 6533 Prime Sponsor, Committee on Natural Resources: Authorizing raffles for hunting of game animals. Reported by Committee on Natural Resources

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that it is in the best interest of recreational hunters to provide them with the variety of hunting opportunities provided by auctions and raffles. Raffles provide an affordable opportunity for most hunters to participate in special hunts for big game animals and wild turkeys. The legislature also finds that wildlife management and recreation are not adequately funded and that such auctions and raffles can increase revenues to improve wildlife management and recreation.

Sec. 2. RCW 9.46.010 and 1994 c 218 s 2 are each amended to read as follows:

The public policy of the state of Washington on gambling is to keep the criminal element out of gambling and to promote the social welfare of the people by limiting the nature and scope of gambling activities and by strict regulation and control.

It is hereby declared to be the policy of the legislature, recognizing the close relationship between professional gambling and organized crime, to restrain all persons from seeking profit from professional gambling activities in this state; to restrain all persons from patronizing such professional gambling activities; to safeguard the public against the evils induced by common gamblers and common gambling houses engaged in professional gambling; and at the same time, both to preserve the freedom of the press and to avoid restricting participation by individuals in activities and social pastimes, which activities and social pastimes are more for amusement rather than for profit, do not maliciously affect the public, and do not breach the peace.

The legislature further declares that the raising of funds for the promotion of bona fide charitable or nonprofit organizations is in the public interest as is participation in such activities and social pastimes as are hereinafter in this chapter authorized.

The legislature further declares that the conducting of bingo, raffles, and amusement games and the operation of punch boards, pull-tabs, card games and other social pastimes, when conducted pursuant to the provisions of this chapter and any rules and regulations adopted pursuant thereto, are hereby authorized, as are only such lotteries for which no valuable consideration has been paid or agreed to be paid as hereinafter in this chapter provided.

The legislature further declares that fishing derbies shall not constitute any form of gambling and shall not be considered as a lottery, a raffle, or an amusement game and shall not be subject to the provisions of this chapter or any rules and regulations adopted hereunder.

The legislature further declares that raffles authorized by the fish and wildlife commission involving hunting big game animals or wild turkeys shall not be subject to the provisions of this chapter or any rules and regulations adopted hereunder, with the exception of this section and section 3 of this act.

All factors incident to the activities authorized in this chapter shall be closely controlled, and the provisions of this chapter shall be liberally construed to achieve such end.

NEW SECTION. Sec. 3. A new section is added to chapter 9.46 RCW to read as follows:

Any raffle authorized by the fish and wildlife commission involving hunting big game animals or wild turkeys shall not be subject to any provisions of this chapter other than RCW 9.46.010 and this section or to any rules or regulations of the gambling commission.

NEW SECTION. Sec. 4. A new section is added to chapter 77.08 RCW to read as follows:

"Raffle," as used in this title, means an activity in which tickets bearing an individual number are sold for not more than twenty-five dollars each and in which a permit or permits are awarded to hunt or for access to hunt big game animals or wild turkeys on the basis of a drawing from the tickets by the person or persons conducting the raffle.

NEW SECTION. Sec. 5. A new section is added to chapter 77.12 RCW to read as follows:

(1) The commission in consultation with the director may authorize hunting of big game animals and wild turkeys through auction. The department may conduct the auction for the hunt or contract with a nonprofit wildlife conservation organization to conduct the auction for the hunt.

(2) The commission in consultation with the director may authorize hunting of up to a total of fifteen big game animals and wild turkeys per year through raffle. The department may conduct raffles or contract with a nonprofit wildlife conservation organization to conduct raffles for hunting these animals. In consultation with the gambling commission, the director may adopt rules for the implementation of raffles involving hunting.

(3) The director shall establish the procedures for the hunts, which shall require any participants to obtain any required license, permit, or tag. Representatives of the department may participate in the hunt upon the request of the commission to ensure that the animals to be killed are properly identified.

(4) After deducting the expenses of conducting an auction or raffle, any revenues retained by a nonprofit organization, as specified under contract with the department, shall be devoted solely for wildlife conservation, consistent with its qualification as a bona fide nonprofit organization for wildlife conservation.

(5) The department's share of revenues from auctions and raffles shall be deposited in the state wildlife fund. The revenues shall be used to improve the habitat, health, and welfare of the species auctioned or raffled and shall supplement, rather than replace, other funds budgeted for management of that species. The commission may solicit input from groups or individuals with special interest in and expertise on a species in determining how to use these revenues.

(6) A nonprofit wildlife conservation organization may petition the commission to authorize an auction or raffle for a special hunt for big game animals and wild turkeys.

NEW SECTION. Sec. 6. A new section is added to chapter 77.12 RCW to read as follows:

If a private entity has a private lands wildlife management area agreement in effect with the department, the commission may authorize the private entity to conduct raffles for access to hunt for big game animals and wild turkeys to meet the conditions of the agreement. The private entity shall comply with all applicable rules adopted under section 5 of this act for the implementation of raffles; however, raffle hunts conducted pursuant to this section shall not be counted toward the number of raffle hunts the commission may authorize under section 5 of this act. The director shall establish the procedures for the hunts, which shall require any participants to obtain any required license, permit, or tag. Representatives of the department may participate in the hunt upon the request of the commission to ensure that the animals to be killed are properly identified.

Sec. 7. RCW 77.12.170 and 1989 c 314 s 4 are each amended to read as follows:

(1) There is established in the state treasury the state wildlife fund which consists of moneys received from:

(a) Rentals or concessions of the department;

(b) The sale of real or personal property held for department purposes;

(d) Fees for informational materials published by the department;

(e) Fees for personalized vehicle license plates as provided in chapter 46.16 RCW;

(f) Articles or wildlife sold by the director under this title;

(g) Compensation for wildlife losses or gifts or grants received under RCW 77.12.320;

(h) Excise tax on anadromous game fish collected under chapter 82.27 RCW; ((and))

(i) The sale of personal property seized by the department for wildlife violations; and

(j) The department's share of revenues from auctions and raffles authorized by the commission.

(2) State and county officers receiving any moneys listed in subsection (1) of this section shall deposit them in the state treasury to be credited to the state wildlife fund.

Sec. 8. RCW 77.32.050 and 1995 c 116 s 1 are each amended to read as follows:

Licenses, permits, tags, and stamps required by this chapter and raffle tickets authorized under chapter 77.12 RCW shall be issued under the authority of the commission. The director may authorize department personnel, county auditors, or other reputable citizens to issue licenses, permits, tags, ((and)) stamps, and raffle tickets, and collect the appropriate fees. The authorized persons shall pay on demand or before the tenth day of the following month the fees collected and shall make reports as required by the director. The director may adopt rules for issuing licenses, permits, tags, ((and)) stamps, and raffle tickets, collecting and paying fees, and making reports.

Sec. 9. RCW 77.32.060 and 1995 c 116 s 2 are each amended to read as follows:

The director may adopt rules establishing the amount a license dealer may charge and keep for each license, tag, permit, ((or)) stamp, or raffle ticket issued. The director shall establish the amount to be retained by dealers to be at least fifty cents for each license issued, and twenty-five cents for each tag, permit, ((or)) stamp, or raffle ticket, issued. The director shall report to the next regular session of the legislature explaining any increase in the amount retained by license dealers. Fees retained by dealers shall be uniform throughout the state.

Sec. 10. RCW 77.32.090 and 1995 c 116 s 4 are each amended to read as follows:

The director may adopt rules pertaining to the form, period of validity, use, possession, and display of licenses, permits, tags, and stamps required by this chapter and raffle tickets authorized under chapter 77.12 RCW.

Sec. 11. RCW 77.32.230 and 1994 c 255 s 12 are each amended to read as follows:

(1) A person sixty-five years of age or older who is an honorably discharged veteran of the United States armed forces having a service-connected disability and who is a resident may receive upon written application a hunting and fishing license free of charge.

(2) Residents who are honorably discharged veterans of the United States armed forces with a thirty percent or more service-connected disability may receive upon written application a hunting and fishing license free of charge.

(3) An honorably discharged veteran who is a resident and is confined to a wheelchair shall receive upon application a hunting license free of charge.

(4) A person who is blind, or a person with a developmental disability as defined in RCW 71A.10.020 with documentation of the disability from the department of social and health services, or a physically handicapped person confined to a wheelchair may receive upon written application a fishing license free of charge.

(5) A person who is blind or a physically handicapped person confined to a wheelchair who has been issued a card for a permanent disability under RCW 46.16.381 may use that card in place of a fishing license.

(6) A fishing license is not required for residents under the age of fifteen.

(7) Tags, permits, stamps, and steelhead licenses required by this chapter and raffle tickets authorized under chapter 77.12 RCW shall be purchased separately by persons receiving a free or reduced-fee license.

(8) Licenses issued at no charge under this section shall be issued from Olympia as provided by rule of the director, and are valid for five years.

Sec. 12. RCW 77.32.250 and 1995 c 116 s 5 are each amended to read as follows:

Licenses, permits, tags, and stamps required by this chapter and raffle tickets authorized under chapter 77.12 RCW shall not be transferred and, unless otherwise provided in this chapter, are void on January 1st following the year for which the license, permit, tag, ((or)) stamp, or raffle ticket was issued.

Upon request of a wildlife agent or ex officio wildlife agent, persons licensed, operating under a permit, or possessing wildlife under the authority of this chapter shall produce required licenses, permits, tags, ((or)) stamps, or raffle tickets for inspection and write their signatures for comparison and in addition display their wildlife. Failure to comply with the request is prima facie evidence that the person has no license or is not the person named.

NEW SECTION. Sec. 13. RCW 77.12.700 and 1987 c 506 s 56 are each repealed."

On page 1, line 2 of the title, after "commission;" strike the remainder of the title and insert "amending RCW 9.46.010, 77.12.170, 77.32.050, 77.32.060, 77.32.090, 77.32.230, and 77.32.250; adding a new section to chapter 9.46 RCW; adding a new section to chapter 77.08 RCW; adding new sections to chapter 77.12 RCW; creating a new section; and repealing RCW 77.12.700."

Signed by Representatives Fuhrman, Chairman; Buck, Vice Chairman; Pennington, Vice Chairman; Basich, Ranking Minority Member; Regala, Assistant Ranking Minority Member; Elliot; Hatfield; Jacobsen; Sheldon; B. Thomas and Thompson.

Voting Yea: Representatives Fuhrman, Pennington, Buck, Basich, Regala, Beeksma, Elliot, Hatfield, Jacobsen, Keiser, Sheldon, B. Thomas, L. Thomas and Thompson.

Excused: Representative Stevens.

Passed to Committee on Rules for second reading.

February 20, 1996

SSB 6542 Prime Sponsor, Committee on Human Services & Corrections: Deterring the unwarranted or abusive use of the offender grievance process. Reported by Committee on Corrections

MAJORITY recommendation: Do pass with the following amendment:

On page 1, line 11, after "Sec. 1997e" strike "(b)(2)"

On page 2, on line 11, after "United States attorney general or the" strike "attorney general's designee" and insert "appropriate federal district court"

On page 2, on line 14, after "United States attorney general or the" strike "attorney general's designee" and insert "federal district court"

On page 2, at the beginning of line 18, strike "the attorney general's designee" and insert "the federal district court"

On page 1, on line 12, after "assessed a" strike "two" and insert "five"

On page 1, on line 14, after "first" strike "two grievances" and insert "grievance"

On page 1, line 15, after "that" strike "are" and insert "is"

Voting Yea: Representatives Ballasiotes, Sherstad, Blanton, Quall, Tokuda, Cole, Dickerson, Koster, Radcliff, Schoesler and D. Sommers.

Passed to Committee on Rules for second reading.

February 21, 1996

SSB 6551 Prime Sponsor, Committee on Natural Resources: Managing grazing lands. Reported by Committee on Natural Resources

MAJORITY recommendation: Do pass with the following amendment:

On page 1, line 8, after "agricultural" strike ", grazing" and insert "lands, grazing lands"

On page 1, line 12, after "standards" strike "presented in" and insert "developed under"

On page 2, line 30, after "implementation" insert "of this act"

Signed by Representatives Fuhrman, Chairman; Buck, Vice Chairman; Pennington, Vice Chairman; Basich, Ranking Minority Member; Regala, Assistant Ranking Minority Member; Beeksma; Elliot; Hatfield; Jacobsen; Keiser; Sheldon; B. Thomas; L. Thomas and Thompson.

Voting Yea: Representatives Fuhrman, Pennington, Buck, Basich, Regala, Beeksma, Elliot, Hatfield, Jacobsen, Keiser, Sheldon, B. Thomas, L. Thomas and Thompson.

Excused: Representative Stevens.

Passed to Committee on Rules for second reading.

February 21, 1996

ESSB 6554 Prime Sponsor, Committee on Energy, Telecommunications & Utilities: Providing for attachments to transmission facilities. Reported by Committee on Energy & Utilities

Voting Yea: Representatives Casada, Hankins, Crouse, Kessler, Mastin, Mitchell and Poulsen.

Excused: Representatives Patterson and Chandler.

Passed to Committee on Rules for second reading.

February 21, 1996

ESB 6566 Prime Sponsor, Fraser: Increasing the annual snowmobile registration fee. Reported by Committee on Natural Resources

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 46.10.040 and 1986 c 16 s 2 are each amended to read as follows:

Application for registration shall be made to the department in ((such)) the manner and upon ((such)) forms ((as)) the department ((shall)) prescribes, and shall state the name and address of each owner of the snowmobile to be registered, and shall be signed by at least one such owner, and shall be accompanied by an annual registration fee to be established by the commission, after consultation with the committee((, at no more than fifteen dollars)) and any state-wide snowmobile user groups. ((However,)) The fee shall be ((ten)) fifteen dollars pending action by the commission to increase the fee. ((Any increase in the fee shall not exceed two dollars and fifty cents annually, up to the registration fee limit of fifteen dollars)) The commission shall increase the fee by two dollars and fifty cents effective September 30, 1996, and the commission shall increase the fee by another two dollars and fifty cents effective September 30, 1997. After the fee increase effective September 30, 1997, the commission shall not increase the fee more often than every two years, and then only after consultation with the committee and any state-wide snowmobile user groups. Upon receipt of the application and the application fee, ((such)) the snowmobile shall be registered and a registration number assigned, which shall be affixed to the snowmobile in a manner provided in RCW 46.10.070.

The registration provided in this section shall be valid for a period of one year. At the end of ((such)) the period of registration, every owner of a snowmobile in this state shall renew his or her registration in ((such)) the manner ((as)) the department ((shall)) prescribes, for an additional period of one year, upon payment of the annual registration fee as determined by the commission.

Any person acquiring a snowmobile already validly registered under the provisions of this chapter must, within ten days of the acquisition or purchase of ((such)) the snowmobile, make application to the department for transfer of ((such)) the registration, and ((such)) the application shall be accompanied by a transfer fee of one dollar.

A snowmobile owned by a resident of another state or Canadian province where registration is not required by law may be issued a nonresident registration permit valid for not more than sixty days. Application for ((such a)) the permit shall state the name and address of each owner of the snowmobile to be registered and shall be signed by at least one ((such)) owner and shall be accompanied by a registration fee of five dollars. The registration permit shall be carried on the vehicle at all times during its operation in this state.

The registration fees provided in this section shall be in lieu of any personal property or excise tax heretofore imposed on snowmobiles by this state or any political subdivision thereof, and no city, county, or other municipality, and no state agency shall hereafter impose any other registration or license fee on any snowmobile in this state.

The department shall make available a pair of uniform decals consistent with the provisions of RCW 46.10.070. In addition to the registration fee provided ((herein)) in this section the department shall charge each applicant for registration the actual cost of ((said)) the decal. The department shall make available replacement decals for a fee equivalent to the actual cost of the decals."

Signed by Representatives Fuhrman, Chairman; Buck, Vice Chairman; Basich, Ranking Minority Member; Regala, Assistant Ranking Minority Member; Beeksma; Elliot; Hatfield; Jacobsen; B. Thomas and Thompson.

MINORITY recommendation: Without recommendation. Signed by Representatives Pennington, Vice Chairman; Sheldon and L. Thomas.

Voting Yea: Representatives Fuhrman, Basich, Regala, Hatfield, Jacobsen, Keiser, B. Thomas and Thompson.

Voting Nay: Representatives Buck, Pennington, Beeksma, Sheldon and L. Thomas.

Excused: Representatives Elliot and Stevens.

Referred to Committee on Appropriations.

February 20, 1996

SSB 6576 Prime Sponsor, Committee on Human Services & Corrections: Protecting the privacy of adult adoptees. Reported by Committee on Children & Family Services

MAJORITY recommendation: Do pass with the following amendment:

On page 1, beginning on line 16 strike subsection (a) and reletter the remaining subsections accordingly.

On page 2, line 25 after "AND" insert "IDENTIFYING"

Voting Yea: Representatives Cooke, Stevens, Lambert, Tokuda, Brown, Buck, Carrell, Dickerson, Patterson and Sterk.

Excused: Representative Boldt.

Passed to Committee on Rules for second reading.

February 21, 1996

ESB 6631 Prime Sponsor, Sutherland: Exempting thermal energy companies from utilities and transportation commission authority. Reported by Committee on Energy & Utilities

Voting Yea: Representatives Casada, Hankins, Crouse, Kessler, Mastin, Mitchell and Poulsen.

Excused: Representatives Patterson and Chandler.

Passed to Committee on Rules for second reading.

February 20, 1996

SSB 6636 Prime Sponsor, Committee on Transportation: Authorizing designation of rest areas as POW/MIA memorials. Reported by Committee on Transportation

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 47.38 RCW to read as follows:

The transportation commission may designate interstate safety rest areas, as appropriate, as locations for memorial signs to prisoners of war and those missing in action. The commission shall adopt policies for the placement of memorial signs on interstate safety rest areas and may disapprove any memorial sign that it determines to be inappropriate or inconsistent with the policies. The policies shall include, but are not limited to, guidelines for the size and location of and inscriptions on memorial signs. The secretary shall adopt rules for administering this program. Nonprofit associations may have their name identified on a memorial sign if the association bears the cost of supplying and maintaining the memorial sign."

Excused: Representatives Brown, Chandler and Horn.

Passed to Committee on Rules for second reading.

February 20, 1996

SB 6672 Prime Sponsor, Hargrove: Requiring department of corrections personnel to report suspected abuse of children and adult dependent and developmentally disabled persons. Reported by Committee on Children & Family Services

MAJORITY recommendation: Do pass with the following amendment:

On page 1, beginning on line 5 strike section 1 and renumber the remaining sections accordingly.

On page 2, line 4, after "officer," insert "department of corrections personnel,"

On page 2, after line 11 strike subsection (b) and reletter the remaining subsections accordingly.

Voting Yea: Representatives Cooke, Stevens, Lambert, Tokuda, Brown, Buck, Carrell, Dickerson, Patterson and Sterk.

Excused: Representative Boldt.

Passed to Committee on Rules for second reading.

February 20, 1996

SSB 6699 Prime Sponsor, Committee on Transportation: Facilitating transportation of persons with special transportation needs. Reported by Committee on Transportation

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 81.66.010 and 1979 c 111 s 4 are each amended to read as follows:

The definitions set forth in this section shall apply throughout this chapter, unless the context clearly indicates otherwise.

(1) "Corporation" means a corporation, company, association, or joint stock association.

(2) "Person" means an individual, firm, or a copartnership.

(3) "Private, nonprofit transportation provider" means any private, nonprofit corporation providing transportation services for compensation solely to ((elderly or handicapped persons and their attendants)) persons with special transportation needs.

(4) (("Elderly" means any person sixty years of age or older.

(5) "Handicapped" means all persons who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, are unable without special facilities or special planning or design to use mass transportation facilities and services as efficiently as persons who are not so affected. Handicapped people include (a) ambulatory persons whose capacities are hindered by sensory disabilities such as blindness or deafness, mental disabilities such as mental retardation or emotional illness, physical disability which still permits the person to walk comfortably, or a combination of these disabilities; (b) semiambulatory persons who require special aids to travel such as canes, crutches, walkers, respirators, or human assistance; and (c) nonambulatory persons who must use wheelchairs or wheelchair-like equipment to travel)) "Persons with special transportation needs" means those persons, including their personal attendants, who because of physical or mental disability, income status, or age are unable to transport themselves or to purchase appropriate transportation.

Sec. 2. RCW 46.74.010 and 1979 c 111 s 1 are each amended to read as follows:

The definitions set forth in this section shall apply throughout this chapter, unless the context clearly indicates otherwise.

(1) "Commuter ride sharing" means a car pool or van pool arrangement whereby a fixed group not exceeding fifteen persons including ((passengers and)) the driver, and (a) not fewer than five persons including the driver, or (b) not fewer than four persons including the driver where at least two of those persons are confined to wheelchairs when riding, is transported in a passenger motor vehicle with a gross vehicle weight not exceeding ten thousand pounds, excluding special rider equipment, between their places of abode or termini near such places, and their places of employment or educational or other institutions, in a single daily round trip where the driver is also on the way to or from his or her place of employment or educational or other institution.

(2) "Ride sharing for ((the elderly and the handicapped)) persons with special transportation needs" means ((a car pool or van pool)) an arrangement whereby a group of ((elderly and/or handicapped)) persons with special transportation needs, and their attendants, ((not exceeding fifteen persons including passengers and driver,)) is transported by a public social service agency or a private, nonprofit transportation provider as defined in RCW 81.66.010(3) in a passenger motor vehicle as defined by the department to include small buses, cutaways, and modified vans not more than twenty-eight feet long: PROVIDED, That the driver need not be ((neither elderly nor handicapped)) a person with special transportation needs.

(3) (("Ride-sharing vehicle" means a passenger motor vehicle with a seating capacity not exceeding fifteen persons including the driver, while being used for commuter ride sharing or for ride sharing for the elderly and the handicapped.

(4))) "Ride-sharing operator" means the person, entity, or concern, not necessarily the driver, responsible for the existence and continuance of commuter ride sharing or ride sharing for ((the elderly and the handicapped)) persons with special transportation needs.

(((5) "Elderly" means any person sixty years of age or older.

(6) "Handicapped" means all persons who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, are unable without special facilities or special planning or design to use mass transportation facilities and services as efficiently as persons who are not so affected. Handicapped people include (a) ambulatory persons whose capacities are hindered by sensory disabilities such as blindness or deafness, mental disabilities such as mental retardation or emotional illness, physical disability which still permits the person to walk comfortably, or a combination of these disabilities; (b) semiambulatory persons who require special aids to travel such as canes, crutches, walkers, respirators, or human assistance; and (c) nonambulatory persons who must use wheelchairs or wheelchair-like equipment to travel))

(4) "Persons with special transportation needs" means those persons defined in RCW 81.66.010(4).

Sec. 3. RCW 46.74.030 and 1979 c 111 s 3 are each amended to read as follows:

((A ride-sharing)) The operator and the driver of a commuter ride-sharing vehicle shall be held to a reasonable and ordinary standard of care, and are not subject to ordinances or regulations which relate exclusively to the regulation of drivers or owners of motor vehicles operated for hire, or other common carriers or public transit carriers.

Sec. 4. RCW 82.08.0287 and 1995 c 274 s 2 are each amended to read as follows:

The tax imposed by this chapter shall not apply to sales of passenger motor vehicles which are to be used ((as)) for commuter ride((-))sharing ((vehicles)) or ride sharing for persons with special transportation needs, as defined in RCW 46.74.010(((3), by not less than five persons, including the driver, with a gross vehicle weight not to exceed 10,000 pounds where the primary usage is for commuter ride-sharing, as defined in RCW 46.74.010(1), or by not less than four persons including the driver when at least two of those persons are confined to wheelchairs when riding, or passenger motor vehicles where the primary usage is for ride-sharing for the elderly and the handicapped, as defined in RCW 46.74.010(2))), if the ride-sharing vehicles are exempt under RCW 82.44.015 for thirty-six consecutive months beginning within thirty days of application for exemption under this section. If used as a ride-sharing vehicle for less than thirty-six consecutive months, the registered owner of one of these vehicles shall notify the department of revenue upon termination of primary use of the vehicle as a ride-sharing vehicle and is liable for the tax imposed by this chapter.

To qualify for the tax exemption, those passenger motor vehicles with five or six passengers, including the driver, used for commuter ride-sharing, must be operated either within the state's eight largest counties that are required to develop commute trip reduction plans as directed by chapter 70.94 RCW or in other counties, or cities and towns within those counties, that elect to adopt and implement a commute trip reduction plan. Additionally at least one of the following conditions must apply: (1) The vehicle must be operated by a public transportation agency for the general public; or (2) the vehicle must be used by a major employer, as defined in RCW 70.94.524 as an element of its commute trip reduction program for their employees; or (3) the vehicle must be owned and operated by individual employees and must be registered either with the employer as part of its commute trip reduction program or with a public transportation agency serving the area where the employees live or work. Individual employee owned and operated motor vehicles will require certification that the vehicle is registered with a major employer or a public transportation agency. Major employers who own and operate motor vehicles for their employees must certify that the commuter ride-sharing arrangement conforms to a carpool/vanpool element contained within their commute trip reduction program.

Sec. 5. RCW 82.36.285 and 1983 c 108 s 3 are each amended to read as follows:

A private, nonprofit transportation provider ((certified)) regulated under chapter 81.66 RCW shall receive a refund of the amount of the motor vehicle fuel tax paid on each gallon of motor vehicle fuel used to provide ((transit)) transportation services for ((only elderly or handicapped persons, or both)) persons with special transportation needs, whether the vehicle fuel tax has been paid either directly to the vendor from whom the motor vehicle fuel was purchased or indirectly by adding the amount of the tax to the price of the fuel.

Sec. 6. RCW 82.38.080 and 1993 c 141 s 2 are each amended to read as follows:

There is exempted from the tax imposed by this chapter, the use of fuel for: (1) Street and highway construction and maintenance purposes in motor vehicles owned and operated by the state of Washington, or any county or municipality; (2) publicly owned fire fighting equipment; (3) special mobile equipment as defined in RCW 46.04.552; (4) power pumping units or other power take-off equipment of any motor vehicle which is accurately measured by metering devices that have been specifically approved by the department or which is established by either of the following formulae: (a) Pumping propane, or fuel or heating oils or milk picked up from a farm or dairy farm storage tank by a power take-off unit on a delivery truck, at the rate of three-fourths of one gallon for each one thousand gallons of fuel delivered or milk picked up: PROVIDED, That claimant when presenting his claim to the department in accordance with the provisions of this chapter, shall provide to said claim, invoices of propane, or fuel or heating oil delivered, or such other appropriate information as may be required by the department to substantiate his claim; or (b) operating a power take-off unit on a cement mixer truck or a load compactor on a garbage truck at the rate of twenty-five percent of the total gallons of fuel used in such a truck; and (c) the department is authorized to establish by rule additional formulae for determining fuel usage when operating other types of equipment by means of power take-off units when direct measurement of the fuel used is not feasible. The department is also authorized to adopt rules regarding the usage of on board computers for the production of records required by this chapter; (5) motor vehicles owned and operated by the United States government; (6) heating purposes; (7) moving a motor vehicle on a public highway between two pieces of private property when said moving is incidental to the primary use of the motor vehicle; (8) ((transit)) transportation services for ((only elderly or handicapped persons, or both,)) persons with special transportation needs by a private, nonprofit transportation provider ((certified)) regulated under chapter 81.66 RCW; and (9) notwithstanding any provision of law to the contrary, every urban passenger transportation system and carriers as defined by chapters 81.68 and 81.70 RCW shall be exempt from the provisions of this chapter requiring the payment of special fuel taxes. For the purposes of this section "urban passenger transportation system" means every transportation system, publicly or privately owned, having as its principal source of revenue the income from transporting persons for compensation by means of motor vehicles and/or trackless trolleys, each having a seating capacity for over fifteen persons over prescribed routes in such a manner that the routes of such motor vehicles and/or trackless trolleys, either alone or in conjunction with routes of other such motor vehicles and/or trackless trolleys subject to routing by the same transportation system, shall not extend for a distance exceeding twenty-five road miles beyond the corporate limits of the county in which the original starting points of such motor vehicles are located: PROVIDED, That no refunds or credits shall be granted on fuel used by any urban transportation vehicle or vehicle operated pursuant to chapters 81.68 and 81.70 RCW on any trip where any portion of said trip is more than twenty-five road miles beyond the corporate limits of the county in which said trip originated.

Sec. 7. RCW 82.44.015 and 1993 c 488 s 3 are each amended to read as follows:

For the purposes of this chapter, in addition to the exclusions under RCW 82.44.010, "motor vehicle" shall not include((: (1))) passenger motor vehicles used primarily ((as ride-sharing vehicles)) for commuter ride sharing and ride sharing for persons with special transportation needs, as defined in RCW 46.74.010(((3), by not fewer than five persons, including the driver, or not fewer than four persons including the driver, when at least two of those persons are confined to wheelchairs when riding; or (2) vehicles with a seating capacity greater than fifteen persons which otherwise qualify as ride-sharing vehicles under RCW 46.74.010(3) used exclusively for ride sharing for the elderly or the handicapped by not fewer than seven persons, including the driver. This exemption is restricted to passenger motor vehicles with a gross vehicle weight not to exceed 10,000 pounds where the primary usage is for commuter ride-sharing as defined in RCW 46.74.010(1))). The registered owner of one of these vehicles shall notify the department of licensing upon termination of primary use of the vehicle ((as a)) in commuter ride((-))sharing ((vehicle)) or ride sharing for persons with special transportation needs and shall be liable for the tax imposed by this chapter, prorated on the remaining months for which the vehicle is licensed.

NEW SECTION. Sec. 8. RCW 81.66.070 and 1979 c 111 s 10 are each repealed."

In line 2 of the title, after "needs;" strike the remainder of the title and insert "amending RCW 81.66.010, 46.74.010, 46.74.030, 82.08.0287, 82.36.285, 82.38.080, and 82.44.015; and repealing RCW 81.66.070."

Excused: Representatives Brown, Chandler and Horn.

Passed to Committee on Rules for second reading.

February 21, 1996

SB 6704 Prime Sponsor, Sutherland: Relating to the use of telecommunications in the medical industry. Reported by Committee on Energy & Utilities

Voting Yea: Representatives Casada, Hankins, Crouse, Kessler, Mastin, Mitchell and Poulsen.

Excused: Representatives Patterson and Chandler.

Passed to Committee on Rules for second reading.

February 21, 1996

ESB 6708 Prime Sponsor, Goings: Increasing penalties for sex offender registration violations. Reported by Committee on Corrections

MAJORITY recommendation: Do pass with the following amendment:

On page 4, beginning on line 27, strike all of subsection (4) and insert:

(4)(a) If any person required to register pursuant to this section changes his or her residence address within the same county, the person must send written notice of the change of address to the county sheriff ((within ten)) at least fourteen days ((of)) before moving. If any person required to register pursuant to this section moves to a new county, the person must send written notice of the change of address at least fourteen days before moving to the county sheriff in the new county of residence and must register with ((the)) that county sheriff ((in the new county)) within ((ten days)) twenty-four hours of moving. The person must also send written notice within ten days of the change of address in the new county to the county sheriff with whom the person last registered. If any person required to register pursuant to this section moves out of Washington state, the person must also send written notice within ten days of moving to the new state or a foreign country to the county sheriff with whom the person last registered in Washington state.

(b) It is an affirmative defense to a charge that the person failed to send a notice at least fourteen days in advance of moving as required under (a) of this subsection that the person did not know the location of his or her new residence at least fourteen days before moving. The defendant must establish the defense by a preponderance of the evidence and, to prevail on the defense, must also prove by a preponderance that the defendant sent the required notice within twenty-four hours of determining the new address."

Voting Yea: Representatives Ballasiotes, Sherstad, Blanton, Quall, Tokuda, Cole, Dickerson, Koster, Radcliff, Schoesler and D. Sommers.

Passed to Committee on Rules for second reading.

February 21, 1996

SSB 6725 Prime Sponsor, Committee on Energy, Telecommunications & Utilities: Exempting electrical switchgear and control apparatus from chapter 70.79 RCW. Reported by Committee on Energy & Utilities

Voting Yea: Representatives Casada, Hankins, Crouse, Kessler, Mastin, Mitchell and Poulsen.

Excused: Representatives Patterson and Chandler.

Passed to Committee on Rules for second reading.

February 20, 1996

SB 6757 Prime Sponsor, Morton: Exempting first class school districts from conflict of interest provisions relating to contracts. Reported by Committee on Education

Voting Yea: Representatives Brumsickle, Johnson, Elliot, Cole, Poulsen, Clements, Fuhrman, Hatfield, Keiser, Linville, McMahan, Pelesky, Quall, Radcliff, Talcott, B. Thomas, Thompson and Veloria.

Voting Nay: Representative Smith.

Passed to Committee on Rules for second reading.

February 21, 1996

SJM 8029 Prime Sponsor, Loveland: Requesting that the Hanford Fast Flux Facility be preserved. Reported by Committee on Energy & Utilities

Voting Yea: Representatives Casada, Hankins, Crouse, Kessler, Mastin, Mitchell and Poulsen.

Excused: Representatives Patterson and Chandler.

Passed to Committee on Rules for second reading.

February 20, 1996

SCR 8428 Prime Sponsor, Bauer: Approving recommendations of the 1996 higher education master plan. Reported by Committee on Higher Education

MAJORITY recommendation: Do pass with the following amendment:

Beginning on page 1, line 1, strike all material through "Board." on page 4, line 18, and insert the following:

"WHEREAS, Chapter 370, Laws of 1985, created the Washington Higher Education Coordinating Board to plan, coordinate, and provide policy analysis for higher education and to represent the broad public interest above the interest of individual colleges and universities; and

WHEREAS, Section 4, chapter 370, Laws of 1985, requires the board to prepare and update a master plan for higher education and requires the Legislature, by concurrent resolution, to "approve or recommend changes" to the master plan and its subsequent updates; and

WHEREAS, The provisions of the master plan that are approved by the Legislature become state higher education policy unless legislation is enacted to revise those policies; and

WHEREAS, The Washington Higher Education Coordinating Board submitted the initial master plan to the Legislature for approval in December 1987, and submitted updates to the plan in December 1992 and January 1996; and

WHEREAS, During the most recent process used to update the plan, the board, through a public opinion survey and public meetings, learned that Washington residents have high expectations for the postsecondary system including accountability, quality, and a high level of access for themselves and their children; and

WHEREAS, The board reported that Washington's public and private colleges, universities, and career schools would need to provide opportunities for a minimum of an additional 84,100 full-time equivalent students in the year 2010, if Washington is to provide its residents the education and training necessary to keep pace with the demands of an ever-changing world; and

WHEREAS, The board has identified the areas where potential solutions to the access challenge may lie and recognized that, in this era of rapid change, many questions must be addressed to clarify the role that each area may play in defining solutions to the access challenge; and

WHEREAS, The board challenged itself, the students, the institutions, and the Legislature to each accept its individual responsibilities and to collaborate in the development of potential solutions; and

WHEREAS, The Legislature and the Washington Higher Education Coordinating Board recognize that the master plan is a living document, responding to the constantly changing world of access to information and the needs of Washington citizens; and

WHEREAS, The Legislature recognizes that the historic methods and systems for delivering postsecondary education and training are constantly changing;

NOW, THEREFORE, BE IT RESOLVED, By the House of Representatives of the State of Washington, the Senate concurring, That the Washington Higher Education Coordinating Board be commended for its dedication and commitment to the State of Washington in producing the 1996 update of the master plan for higher education titled "The Challenge for Higher Education"; and

BE IT FURTHER RESOLVED, That the Legislature thank the board for describing many of the daunting challenges facing the state in its attempts to provide the postsecondary education and training that our citizens need to navigate successfully in the world of the twenty-first century; and

BE IT FURTHER RESOLVED, That the Legislature approve the following recommendations of the 1996 update of the master plan:

(1) That, by the year 2010, Washington's system of postsecondary education needs to provide opportunities for at least 84,100 additional full-time equivalent students in quality programs of postsecondary education and training;

(2) That solutions to this enrollment challenge, in part, may be found in the following areas: (a) The shift in focus from teaching to learning; (b) the use of technology to increase and redefine access, improve quality, and offer alternative methods of instruction; (c) the expansion of partnerships among educational sectors, and with local communities, business, and labor; (d) the provision of financial aid for needy and meritorious students; and (e) the use of existing institutional capacities in a way that ensures provision of a cost-effective, efficient, and accountable educational enterprise; and

BE IT FURTHER RESOLVED, That the board solicit advice from a diverse group of people, including students, faculty, and staff, from all education sectors; business and labor representatives; community leaders; innovators; representatives from distinct ethnic populations; and experts from other states to further refine, through innovative approaches, the solution options described in the 1996 master plan update; and that the board report to the 1997 Legislature with refinements to the plan in areas that include, but need not be limited to:

(1) Recommendations on the governance structure and state framework for the integration of technology into the entire education enterprise while recognizing that enhancing learning through technology requires more than just the access to equipment, services, and networks; it requires new ways of teaching, new roles for learners, new learning goals, different uses of time and resources, and a strong support system for educators;

(2) An initial list of duplicative and low-productivity programs; a process for examining those programs that might be reconfigured, consolidated, or eliminated; and a recommendation on a process to eliminate programs not conducive to consolidation or reconfiguration;

(3) Recommendations on ways institutions can increase access while maintaining quality and reducing costs. The recommendations may, in part, be based on draft restructuring plans submitted by institutions of higher education and may include but need not be limited to efforts to: Use technology; share resources; expand the use of the higher education system's physical plant; encourage additional collaborative projects between institutions of higher education and the common schools and among public and independent institutions; expand the use of 2 + 2 programs and extended degree centers; provide students with opportunities to make smooth transitions as they move among education levels and sectors and into the workplace; ensure equitable educational and training outcomes for persons from diverse ethnic backgrounds; improve time-to-degree; and emphasize the role of teacher preparation programs;

(4) Recommendations to the institutions and the Legislature on appropriate state and institutional roles for providing remedial and developmental education;

(5) The development of a student information system that includes a data system to track student progress between levels and sectors; and

(6) A study of existing physical capacity in public and private colleges in Washington; and

BE IT FURTHER RESOLVED, That by December 15, 1996, the board provide to the citizens and the legislature the report required under RCW 28B.80.616, and include in the report information about the family incomes of freshmen entering the state's public and independent baccalaureate institutions; and

BE IT FURTHER RESOLVED, That the 1997 Legislature respond by concurrent resolution to the refinements brought forward by the Higher Education Coordinating Board."

Signed by Representatives Carlson, Chairman; Mulliken, Vice Chairman; Jacobsen, Ranking Minority Member; Mason, Assistant Ranking Minority Member; Benton; Blanton; Delvin; Goldsmith; Mastin; Scheuerman and Sheahan.

Voting Yea: Representatives Carlson, Mulliken, Jacobsen, Mason, Blanton, Delvin, Goldsmith, Mastin, Scheuerman and Sheahan.

Excused: Representatives Basich and Benton.

Passed to Committee on Rules for second reading.

There being no objection, the bills, memorial and resolution listed on today's committee reports under the fifth order of business were referred to the committees so designated.

There being no objection, the House advanced to the sixth order of business.

SECOND READING

HOUSE BILL NO. 2695, by Representatives Brumsickle and B. Thomas; by request of Joint Select Committee on Education Restructuring, Board of Education and Commission on Student Learning

Changing the timelines for development and implementation of the student assessment system.

The bill was read the second time. There being no objection, Substitute House Bill No. 2695 was substituted for House Bill No. 2695 and the substitute bill was placed on the second reading calendar.

Substitute House Bill No. 2695 was read the second time.

There being no objection, amendment number 356 to Substitute House Bill No. 2695 was withdrawn.

Representative Elliot moved the adoption of the following amendment by Representative Elliot:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 28A.630.885 and 1995 c 335 s 505 and 1995 c 209 s 1 are each reenacted and amended to read as follows:

(1) The Washington commission on student learning is hereby established. The primary purposes of the commission are to identify the knowledge and skills all public school students need to know and be able to do based on the student learning goals in RCW 28A.150.210, to develop student assessment and school accountability systems, to review current school district data reporting requirements and make recommendations on what data is necessary for the purposes of accountability and meeting state information needs, and to take other steps necessary to develop a performance-based education system. The commission shall include three members of the state board of education, three members appointed by the governor before July 1, 1992, and five members appointed no later than June 1, 1993, by the governor elected in the November 1992 election. The governor shall appoint a chair from the commission members, and fill any vacancies in gubernatorial appointments that may occur. The state board of education shall fill any vacancies of state board of education appointments that may occur. In making the appointments, educators, business leaders, and parents shall be represented, and nominations from state-wide education, business, and parent organizations shall be requested. Efforts shall be made to ensure that the commission reflects the racial and ethnic diversity of the state's K-12 student population and that the major geographic regions in the state are represented. Appointees shall be qualified individuals who are supportive of educational restructuring, who have a positive record of service, and who will devote sufficient time to the responsibilities of the commission to ensure that the objectives of the commission are achieved.

(2) The commission shall establish advisory committees. Membership of the advisory committees shall include, but not necessarily be limited to, professionals from the office of the superintendent of public instruction and the state board of education, and other state and local educational practitioners and student assessment specialists.

(3) The commission, with the assistance of the advisory committees, shall:

(a) Develop essential academic learning requirements based on the student learning goals in RCW 28A.150.210. Essential academic learning requirements shall be developed, to the extent possible, for each of the student learning goals in RCW 28A.150.210. Goals one and two shall be considered primary. Essential academic learning requirements for RCW 28A.150.210(1), goal one, and the mathematics component of RCW 28A.150.210(2), goal two, shall be completed no later than March 1, 1995. Essential academic learning requirements that incorporate the remainder of RCW 28A.150.210 (2), (3), and (4), goals two, three, and four, shall be completed no later than March 1, 1996. To the maximum extent possible, the commission shall integrate goal four and the knowledge and skill areas in the other goals in the development of the essential academic learning requirements;

(b)(i) The commission shall present to the state board of education and superintendent of public instruction a state-wide academic assessment system for use in the elementary, middle, and high school years designed to determine if each student has mastered the essential academic learning requirements identified in (a) of this subsection. The academic assessment system shall include a variety of assessment methods that are criterion-referenced, including performance-based measures ((that are criterion-referenced)). Performance standards for determining if a student has successfully completed an assessment shall be initially determined by the commission in consultation with the advisory committees required in subsection (2) of this section.

(ii) The assessment system shall be designed so that the results under the assessment system are used by educators as tools to evaluate instructional practices, and to initiate appropriate educational support for students who have not mastered the essential academic learning requirements at the appropriate periods in the student's educational development.

(iii) Assessments measuring the essential academic learning requirements developed for RCW 28A.150.210(1), goal one, and the mathematics component of RCW 28A.150.210(2), goal two, shall be ((initially implemented by the state board of education and superintendent of public instruction no later than the 1996-97 school year,)) developed and initially implemented by the commission before transferring the assessment system to the superintendent of public instruction. For goal one and the mathematics component of goal two, the elementary assessment shall be available for use by districts no later than the 1996-97 school year, the middle grades assessment no later than the 1997-98 school year, and the high school assessment no later than the 1998-99 school year unless the legislature takes action to delay or prevent implementation of the assessment system and essential academic learning requirements. The assessment system shall be transferred to the superintendent of public instruction no later than June 30, 1999, for continued implementation. Assessments measuring the essential academic learning requirements developed for RCW 28A.150.210 (2) except mathematics, (3), and (4), goals two, three, and four, shall be ((initially implemented by the state board of education and)) developed and initially implemented by the commission before transferring the assessments to the superintendent of public instruction, unless the legislature takes action to delay or prevent implementation of the assessment system and essential academic learning requirements. The assessments shall be transferred to the superintendent of public instruction no later than ((the 1998-99 school year, unless the legislature takes action to delay or prevent implementation of the assessment system and essential academic learning requirements)) June 30, 1999, for continued implementation.

The assessments in history, geography, civics, health, fitness, and the arts shall not include state-level assessments in the elementary grades, but shall include classroom-based assessments for voluntary use. However, by December 1, 2001, the state board of education shall make recommendations to the legislature regarding whether state-level assessments should be required for history, geography, civics, health, fitness, and the arts in the elementary grades.

The commission shall work closely with the superintendent of public instruction and the state board of education during the development and initial implementation of the assessment system. To the maximum extent possible, the commission shall integrate knowledge and skill areas in development of the assessments.

(iv) Before the 2000-2001 school year, participation by school districts in the assessment system shall be optional. School districts that desire to participate before the 2000-2001 school year shall notify the commission on student learning or the superintendent of public instruction, as appropriate, in a manner determined by the commission or superintendent. Beginning in the 2000-2001 school year, all school districts shall be required to participate in the assessment system.

(v) The commission on student learning may modify the essential academic learning requirements and the assessments, as needed, on or before June 30, 1999. The state board of education ((and superintendent of public instruction)) may modify the essential academic learning requirements ((and academic assessment system)), as needed, ((in subsequent school years)) after June 30, 1999, and the superintendent of public instruction may modify the academic assessment system, as needed, after June 30, 1999.

(vi) The commission shall develop assessments that are directly related to the essential academic learning requirements, and are not biased toward persons with different learning styles, racial or ethnic backgrounds, or on the basis of gender;

(c) After a determination is made by the state board of education that the high school assessment system has been implemented and that it is sufficiently reliable and valid, successful completion of the high school assessment shall lead to a certificate of mastery. The certificate of mastery shall be obtained by most students at about the age of sixteen, and is evidence that the student has successfully mastered the essential academic learning requirements during his or her educational career. ((The certificate of mastery shall be required for graduation but shall not be the only requirement for graduation. The commission shall make recommendations to the state board of education regarding the relationship between the certificate of mastery and high school graduation requirements.)) The state board of education and the commission shall make recommendations to the legislature regarding whether the certificate of mastery should be a graduation requirement. The certificate of mastery shall not be implemented as a state-wide graduation requirement until legislation is enacted directing the state board of education to make it a state-wide requirement. Upon achieving the certificate of mastery, schools shall provide students with the opportunity to continue to pursue career and educational objectives through educational pathways that emphasize integration of academic and vocational education. Educational pathways may include, but are not limited to, programs such as work-based learning, school-to-work transition, tech prep, vocational-technical education, running start, and preparation for technical college, community college, or university education;

(d) Consider methods to address the unique needs of special education students when developing the assessments in (b) and (c) of this subsection;

(e) Consider methods to address the unique needs of highly capable students when developing the assessments in (b) and (c) of this subsection;

(f) Develop recommendations on the time, support, and resources, including technical assistance, needed by schools and school districts to help students achieve the essential academic learning requirements. These recommendations shall include an estimate for the legislature, superintendent of public instruction, and governor on the expected cost of implementing the academic assessment system;

(g) Develop recommendations for consideration by the higher education coordinating board for adopting college and university entrance requirements for public school students that are consistent with the essential academic learning requirements and the certificate of mastery;

(h) Review current school district data reporting requirements for the purposes of accountability and meeting state information needs. The commission on student learning shall report recommendations to the joint select committee on education restructuring by September 15, 1996, on:

(i) What data is necessary to compare how school districts are performing before the essential academic learning requirements and the assessment system are implemented with how school districts are performing after the essential academic learning requirements and the assessment system are implemented; and

(ii) What data is necessary pertaining to school district reports under the accountability systems developed by the commission on student learning under this section;

(i) By June 30, 1999, recommend to the legislature, governor, state board of education, and superintendent of public instruction:

(i) A state-wide accountability system to monitor and evaluate accurately and fairly the level of learning occurring in individual schools and school districts. The accountability system shall be designed to recognize the characteristics of the student population of schools and school districts such as gender, race, ethnicity, socioeconomic status, and other factors. The system shall include school-site, school district, and state-level accountability reports;

(ii) A school assistance program to help schools and school districts that are having difficulty helping students meet the essential academic learning requirements;

(iii) A system to intervene in schools and school districts in which significant numbers of students persistently fail to learn the essential academic learning requirements; and

(iv) An awards program to provide incentives to school staff to help their students learn the essential academic learning requirements, with each school being assessed individually against its own baseline. Incentives shall be based on the rate of percentage change of students achieving the essential academic learning requirements. School staff shall determine how the awards will be spent.

It is the intent of the legislature to begin implementation of programs in this subsection (3)(i) on September 1, 2000;

(j) Report annually by December 1st to the legislature, the governor, the superintendent of public instruction, and the state board of education on the progress, findings, and recommendations of the commission; and

(k) Make recommendations to the legislature and take other actions necessary or desirable to help students meet the student learning goals.

(4) The commission shall coordinate its activities with the state board of education and the office of the superintendent of public instruction.

(5) The commission shall seek advice broadly from the public and all interested educational organizations in the conduct of its work, including holding periodic regional public hearings.

(6) The commission shall select an entity to provide staff support and the office of the superintendent of public instruction shall provide administrative oversight and be the fiscal agent for the commission. The commission may direct the office of the superintendent of public instruction to enter into subcontracts, within the commission's resources, with school districts, teachers, higher education faculty, state agencies, business organizations, and other individuals and organizations to assist the commission in its deliberations.

(7) Members of the commission shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

(8) This section expires June 30, 1999.

NEW SECTION. Sec. 2. (1) By December 15, 1996, the commission on student learning shall recommend to the appropriate committees of the legislature a revised timeline for the implementation of the middle and high school assessments for science, history, geography, civics, health, fitness, and the arts, and the elementary assessment for science.

(2) By December 15, 1996, the state board of education and the commission on student learning shall make initial recommendations to the appropriate committees of the legislature regarding the implementation timeline for the certificate of mastery, including whether it should be a graduation requirement. The board and commission shall consider other or additional methods in which the assessments could be used to raise the standards in schools and of students, and how these methods should be phased-in.

(3) This section shall expire December 31, 1996.

NEW SECTION. Sec. 3. 1995 c 335 s 803 (uncodified) is repealed."

On page 1, line 2 of the title, after "system;" strike the remainder of the title and insert "reenacting and amending RCW 28A.630.885; creating a new section; repealing 1995 c 335 s 803 (uncodified); and providing expiration dates."

Representative Elliot spoke in favor of adoption of the amendment.

The amendment was adopted.

The bill was ordered engrossed.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representative Brumsickle spoke in favor of passage of the bill.

POINT OF INQUIRY

Representative Brumsickle yielded to a question by Representative Cole.

Representative Cole: Is it the intent of this Legislation to give fourth grade teachers more time to focus on the new higher standards in the basic skills of reading, writing communication and Math in goal one before requiring them to meet the new higher standard for Science, History, Geography and Physics in goal two.

Representative Brumsickle: Yes.

Representative Cole: Is it also the intent of this Legislation to delay the mandatory state-wide assessment of Science, History, Geography and Physics at the elementary level but will still be mandated in the year 2001.

Representative Brumsickle: Yes

The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2695.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2695 and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.

Excused: Representatives Benton, Campbell, Chappell, Dyer, Honeyford, Horn and Jacobsen - 7.

Engrossed Substitute House Bill No. 2695, having received the constitutional majority, was declared passed.

ENGROSSED SENATE BILL NO. 6702, by Senators Fraser, McCaslin, Sheldon, West, Winsley and Hale

Clarifying and streamlining of the joint administrative rules review committee.

The bill was read the second time.

There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.

Representatives Reams and Rust spoke in favor of passage of the bill.

Representative Appelwick spoke against passage of the bill.

The Speaker stated the question before the House to be final passage of Engrossed Senate Bill No. 6702.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Senate Bill No. 6702 and the bill passed the House by the following vote: Yeas - 76, Nays - 15, Absent - 0, Excused - 7.

Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Blanton, Boldt, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Costa, Crouse, Delvin, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Huff, Hymes, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Valle, Van Luven, Wolfe and Mr. Speaker - 76.

Voting nay: Representatives Appelwick, Brown, Chopp, Cody, Cole, Conway, Dellwo, Dickerson, Mason, Murray, Romero, Scheuerman, Sommers, H., Tokuda and Veloria - 15.

Excused: Representatives Benton, Campbell, Chappell, Dyer, Honeyford, Horn and Jacobsen - 7.

Engrossed Senate Bill No. 6702, having received the constitutional majority, was declared passed.

There being no objection, the Rules Committee was relieved of further consideration of the following bills: Substitute Senate Bill No. 5050, Substitute Senate Bill No. 5522, Second Substitute Senate Bill No. 5757, Substitute Senate Bill No. 6113, Senate Bill No. 6167, Senate Bill No. 6181, Substitute Senate Bill No. 6214, Senate Bill No. 6216, Senate Bill No. 6217, Substitute Senate Bill No. 6237, Substitute Senate Bill No. 6263, Substitute Senate Bill No. 6271, Substitute Senate Bill No. 6379, Engrossed Substitute Senate Bill No. 6398, Senate Bill No. 6414, Senate Bill No. 6467, Substitute Senate Bill No. 6487, Senate Bill No. 6489, Substitute Senate Bill No. 6514, Substitute Senate Bill No. 6533, Substitute Senate Bill No. 6542, Substitute Senate Bill No. 6551, Engrossed Substitute Senate Bill No. 6554, Substitute Senate Bill No. 6576, Substitute Senate Bill No. 6579, Engrossed Senate Bill No. 6631, Substitute Senate Bill No. 6636, Substitute Senate Bill No. 6699, Senate Bill No. 6704, Substitute Senate Bill No. 6725, Senate Bill No. 6757, Senate Joint Memorial No. 8023 and Senate Concurrent Resolution No. 8428.

MOTION

Representative Appelwick moved that the House advance to the eighth order of business.

Representative Appelwick spoke in favor of the motion.

Representative Foreman spoke against the motion.

Representative Appelwick demanded an electronic roll call vote and the demand was sustained.

ROLL CALL

The Clerk called the roll on the motion to advance to the eighth order of business and the motion failed the House by the following vote: Yeas - 34, Nays - 58, Absent - 0, Excused - 6.

Voting yea: Representatives Appelwick, Basich, Brown, Chopp, Cody, Cole, Conway, Costa, Dellwo, Dickerson, Fisher, R., Grant, Hatfield, Keiser, Kessler, Linville, Mason, Morris, Murray, Ogden, Patterson, Poulsen, Quall, Regala, Romero, Rust, Scheuerman, Scott, Sheldon, Sommers, H., Tokuda, Valle, Veloria, Wolfe - 34.

Voting nay: Representatives Backlund, Ballasiotes, Beeksma, Blanton, Boldt, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Clements, Cooke, Crouse, Delvin, Elliot, Foreman, Fuhrman, Goldsmith, Hankins, Hargrove, Hickel, Horn, Huff, Hymes, Johnson, Koster, Lambert, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Pelesky, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Silver, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson and Van Luven, Mr. Speaker - 58.

Excused: Representatives Benton, Campbell, Chappell, Dyer, Honeyford and Jacobsen - 6.

POINT OF PARLIAMENTARY INQUIRY

Representative Appelwick: Thank you Mr. Speaker. With today being the cut off for bills to pass from Committees to bills not having passed from Committee would the amendment to bring the bill to the floor be appropriate next week or would it be inappropriate due to the fact that has not passed out of Committee at the Rules cut off.

SPEAKER'S PRIVILEGE

Speaker: Mr. Appelwick, if I understand your Point of Parliamentary Inquiry, could a motion be made next week. The answer if Yes, if we were on the right order of business.

Representative Appelwick: Mr. Speaker, Perhaps I'll try again. Does the cut off Resolution mean that the bill not having come out of Committee today and not being relieved of Committee today would other wise be dead not considerable after today.

Speaker: The answer to your Inquiry is if we were on the right order of business and you had 50 votes certainly could happen.

There being no objection, the House advanced to the eleventh order of business.

On motion of Representative Foreman, the House was declared to be at ease.

The Speaker called the House to order.

The Speaker (Representative Horn presiding) called the House to order.

There being no objection, the House advanced to the fifth order of business.

REPORTS OF STANDING COMMITTEES (SUPPLEMENTAL)

February 21, 1996

2SSB 5568 Prime Sponsor, Committee on Transportation: Limiting weight of tire studs. Reported by Committee on Transportation

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 46.04 RCW to read as follows:

"Lightweight stud" means a metallic stud intended for installation and use in a vehicle tire that is at least thirty-five percent lighter than metal studs most commonly used in the tire industry in this state as of January 1, 1996. A lightweight stud may contain any materials necessary to achieve the lighter weight.

NEW SECTION. Sec. 2. A new section is added to chapter 46.37 RCW to read as follows:

Beginning January 1, 1998, a person offering to sell to a tire dealer conducting business in the state of Washington, a metal flange or cleat intended for installation as a stud in a vehicle tire shall certify that the studs are lightweight studs as defined in section 1 of this act. Certification must be accomplished by clearly marking the boxes or containers used to ship and store studs with the designation "lightweight."

NEW SECTION. Sec. 3. A new section is added to chapter 46.37 RCW to read as follows:

Beginning July 1, 1999, a person may not sell a studded tire or sell a stud for installation in a tire unless the stud qualifies as a lightweight stud under section 1 of this act.

Sec. 4. RCW 46.37.420 and 1990 c 105 s 1 are each amended to read as follows:

(1) It is unlawful to operate a vehicle upon the public highways of this state unless it is completely equipped with pneumatic rubber tires except vehicles equipped with temporary-use spare tires that meet federal standards that are installed and used in accordance with the manufacturer's instructions.

(2) No tire on a vehicle moved on a highway may have on its periphery any block, flange, cleat, or spike or any other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, except that it is permissible to use farm machinery with tires having protuberances that will not injure the highway, and except also that it is permissible to use tire chains or metal studs imbedded within the tire of reasonable proportions and of a type conforming to ((rules adopted by the state patrol)) section 1 of this act, upon any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid. It is unlawful to use metal studs imbedded within the tire between April 1st and November 1st. The state department of transportation may, from time to time, determine additional periods in which the use of tires with metal studs imbedded therein is lawful.

(3) The state department of transportation and local authorities in their respective jurisdictions may issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of the movable tracks or farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this section.

(4) Tires with metal studs imbedded therein may be used between November 1st and April 1st upon school buses and fire department vehicles, any law or regulation to the contrary notwithstanding.

NEW SECTION. Sec. 5. Section 4 of this act takes effect July 1, 2002."

MINORITY recommendation: Do not pass. Signed by Representative Brown.

Voting Yea: Representatives K. Schmidt, Skinner, Mitchell, Benton, R. Fisher, Hatfield, Backlund, Blanton, Buck, Cairnes, Chopp, Elliot, Hankins, Horn, Johnson, McMahan, Ogden, Patterson, Quall, Robertson, Romero, D. Schmidt, Scott, Sterk and Tokuda.

Voting Nay: Representative Brown.

Excused: Representative Chandler.

Passed to Committee on Rules for second reading.

February 22, 1996

SSB 5818 Prime Sponsor, Committee on Ways & Means: Paying benefits when a member dies before retirement. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass with the following amendment:

On page 1, after line 16, insert the following:

"Sec. 1. RCW 41.40.270 and 1995 c 144 s 5 are each amended to read as follows:

(1) Should a member die before the date of retirement the amount of the accumulated contributions standing to the member's credit in the employees' savings fund, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, at the time of death:

(a) Shall be paid to the member's estate, or such person or persons, trust, or organization as the member shall have nominated by written designation duly executed and filed with the department; or

(b) If there be no such designated person or persons still living at the time of the member's death, or if a member fails to file a new beneficiary designation subsequent to marriage, remarriage, dissolution of marriage, divorce, or reestablishment of membership following termination by withdrawal or retirement, such accumulated contributions, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, shall be paid to the surviving spouse as if in fact such spouse had been nominated by written designation as aforesaid, or if there be no such surviving spouse, then to the member's legal representatives.

(2) Upon the death in service, or while on authorized leave of absence for a period not to exceed one hundred and twenty days from the date of payroll separation, of any member who is qualified but has not applied for a service retirement allowance or has completed ten years of service at the time of death, the designated beneficiary, or the surviving spouse as provided in subsection (1) of this section, may elect to waive the payment provided by subsection (1) of this section. Upon such an election, a joint and one hundred percent survivor option under RCW 41.40.188, calculated under the retirement allowance described in RCW 41.40.185 or 41.40.190, whichever is greater, actuarially reduced by the amount of any lump sum benefit identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670 shall automatically be given effect as if selected for the benefit of the designated beneficiary. If the member is not then qualified for a service retirement allowance, such benefit shall be based upon the actuarial equivalent of the sum necessary to pay the accrued regular retirement allowance commencing when the deceased member would have first qualified for a service retirement allowance.

(3) Subsection (1) of this section, unless elected, shall not apply to any member who has applied for service retirement in RCW 41.40.180, as now or hereafter amended, and thereafter dies between the date of separation from service and the member's effective retirement date, where the member has selected a survivorship option under RCW 41.40.188. In those cases the beneficiary named in the member's final application for service retirement may elect to receive either a cash refund, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, or monthly payments according to the option selected by the member.

(4) For deaths occurring between July 1, 1995, and June 30, 1997, if a member who: (a) Has applied for nonduty disability under RCW 41.40.230; (b) has submitted adequate evidence to support a disability determination; and (c) has selected a retirement under RCW 41.40.188, dies before receiving the first retirement payment, the beneficiary named in the member's final application for disability retirement may elect to receive either a cash refund, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, or monthly payments according to the option selected by the member."

In line 2 of the title, after "retirement;" insert "amending RCW 41.40.270;"

Signed by Representatives Huff, Chairman; Clements, Vice Chairman; Pelesky, Vice Chairman; H. Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Basich; Beeksma; Brumsickle; Carlson; Chappell; Cooke; Crouse; Dellwo; Foreman; Grant; Kessler; Lambert; Linville; McMorris; Poulsen; Reams; Rust; Sehlin; Sheahan; Silver; Smith; Talcott and Wolfe.

Voting Yea: Representatives Huff, Pelesky, Clements, H. Sommers, Valle, Basich, Beeksma, Brumsickle, Carlson, Chappell, Cooke, Crouse, Dellwo, Foreman, Grant, Hickel, Kessler, Lambert, Linville, McMorris, Poulsen, Reams, Rust, Sehlin, Sheahan, Silver, Talcott and Wolfe.

Excused: Representatives Dyer and Jacobsen.

Passed to Committee on Rules for second reading.

February 21, 1996

SSB 6101 Prime Sponsor, Committee on Natural Resources: Establishing a free shellfish digging weekend and including steelhead trout in the free fishing weekend. Reported by Committee on Natural Resources

Voting Yea: Representatives Fuhrman, Pennington, Buck, Basich, Regala, Beeksma, Elliot, Hatfield, Jacobsen, Keiser, Sheldon, B. Thomas and L. Thomas.

Excused: Representative Stevens and Thompson.

Passed to Committee on Rules for second reading.

February 22, 1996

SB 6157 Prime Sponsor, Long: Providing portable benefits for dual members. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass. Signed by Representatives Huff, Chairman; Clements, Vice Chairman; Pelesky, Vice Chairman; H. Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Basich; Beeksma; Brumsickle; Carlson; Chappell; Cooke; Crouse; Dellwo; Foreman; Grant; Hickel; Kessler; Lambert; Linville; McMorris; Poulsen; Reams; Rust; Sehlin; Sheahan; Silver; Smith; Talcott and Wolfe.

Voting Yea: Representatives Huff, Pelesky, H. Sommers, Valle, Basich, Beeksma, Brumsickle, Carlson, Chappell, Cooke, Crouse, Dellwo, Grant, Foreman, Hickel, Kessler, Lambert, Linville, McMorris, Poulsen, Reams, Rust, Sehlin, Sheahan, Silver, Smith, Talcott and Wolfe.

Excused: Representatives Clements, Dyer, Foreman and Jacobsen.

Passed to Committee on Rules for second reading.

February 22, 1996

SSB 6197 Prime Sponsor, Committee on Ecology & Parks: Augmenting water supply. Reported by Committee on Agriculture & Ecology

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 90.03 RCW to read as follows:

The department shall, when evaluating an application for a water right, transfer, or change filed pursuant to RCW 90.03.250 or 90.03.380 that includes provision for any water impoundment, take into consideration the benefits of the water impoundment that is included as a component of the application. The department shall give credit to the applicant for any increased water supply that results from the impoundment including, but not limited to, any recharge of ground water that may occur. Provision for impoundment in an application shall be made solely at the discretion of the applicant and shall not otherwise be made by the department a condition for approving an application that does not include provision for impoundment.

This section does not lessen, enlarge, or modify the rights of any riparian owner, or any existing water right acquired by appropriation or otherwise.

NEW SECTION. Sec. 2. A new section is added to chapter 90.44 RCW to read as follows:

The department shall, when evaluating an application for a water right or an amendment filed pursuant to RCW 90.44.050 or 90.44.100 that includes provision for any water impoundment, take into consideration the benefits of the water impoundment that is included as a component of the application. The department shall give credit to the applicant for any increased water supply that results from the impoundment including, but not limited to, any recharge of ground water that may occur. Provision for impoundment in an application shall be made solely at the discretion of the applicant and shall not be made by the department a condition for approving an application that does not include provision for impoundment.

This section does not lessen, enlarge, or modify the rights of any riparian owner, or any existing water right acquired by appropriation or otherwise."

On page 1, line 1 of the title, after "augmentation;" strike the remainder of the title and insert "adding a new section to chapter 90.03 RCW; and adding a new section to chapter 90.44 RCW."

Signed by Representatives Chandler, Chairman; Koster, Vice Chairman; Chappell, Ranking Minority Member; Linville, Assistant Ranking Minority Member; Boldt; Clements; Delvin; Honeyford; Johnson; Mastin; Robertson and Schoesler.

MINORITY recommendation: Without recommendation. Signed by Representatives R. Fisher; Murray; Ogden; Regala and Rust.

Voting Yea: Representatives Chandler, Koster, Chappell, Linville, Boldt, Clements, Delvin, Honeyford, Johnson, Mastin and Schoesler.

Voting Nay: Representatives R. Fisher, Murray, Ogden, Regala and Rust.

Excused: Representative Robertson.

Passed to Committee on Rules for second reading.

February 22 1996

SSB 6198 Prime Sponsor, Committee on Ways & Means: Collecting state retirement system overpayments. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass. Signed by Representatives Huff, Chairman; Clements, Vice Chairman; Pelesky, Vice Chairman; H. Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Basich; Beeksma; Brumsickle; Carlson; Chappell; Cooke; Crouse; Dellwo; Foreman; Grant; Kessler; Lambert; Linville; McMorris; Poulsen; Reams; Rust; Sehlin; Sheahan; Silver; Smith; Talcott and Wolfe.

Excused: Representatives Dyer and Jacobsen.

Passed to Committee on Rules for second reading.

February 22, 1996

E2SSB 6231 Prime Sponsor, Committee on Ways & Means: Protecting victims from sexually aggressive youth. Reported by Committee on Children & Family Services

Voting Yea: Representatives Cooke, Stevens, Lambert, Tokuda, Brown, Buck, Carrell, Dickerson, Patterson and Sterk.

Excused: Representative Boldt.

Referred to Committee on Appropriations.

February 22, 1996

SB 6233 Prime Sponsor, Long: Determining retirement system service credit for military service. Reported by Committee on Appropriations

Voting Yea: Representatives Huff, Pelesky, H. Sommers, Valle, Basich, Beeksma, Brumsickle, Carlson, Chappell, Cooke, Crouse, Dellwo, Foreman, Grant, Hickel, Kessler, Lambert, Linville, McMorris, Poulsen, Reams, Rust, Sehlin, Sheahan, Silver, Smith, Talcott and Wolfe.

Excused: Representatives Clements, Dyer and Jacobsen.

Passed to Committee on Rules for second reading.

February 22, 1996

SSB 6236 Prime Sponsor, Committee on Ecology & Parks: Establishing shoreline management project completion timelines. Reported by Committee on Agriculture & Ecology

MAJORITY recommendation: Do pass. Signed by Representatives Chandler, Chairman; Koster, Vice Chairman; Chappell, Ranking Minority Member; Linville, Assistant Ranking Minority Member; Boldt; Clements; Delvin; R. Fisher; Honeyford; Johnson; Mastin; Murray; Ogden; Regala; Robertson; Rust and Schoesler.

Voting Yea: Representatives Chandler, Koster, Chappell, Linville, Boldt, Clements, Delvin, R. Fisher, Honeyford, Johnson, Mastin, Murray, Ogden, Regala, Rust and Schoesler.

Excused: Representative Robertson.

Passed to Committee on Rules for second reading.

February 21, 1996

SB 6250 Prime Sponsor, Owen: Requiring personal flotation devices for children on certain recreational vessels. Reported by Committee on Natural Resources

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 88.12.115 and 1993 c 244 s 14 are each amended to read as follows:

(1) No person may operate or permit the operation of a vessel on the waters of the state without a personal flotation device on board for each person on the vessel. Each personal flotation device shall be in serviceable condition, of an appropriate size, and readily accessible.

(2) No person may operate or permit to be operated a vessel under nineteen feet powered with mechanized power in length unless each person six years of age or younger on the vessel wears a United States coast guard-approved personal flotation device.

(3) Except as provided in RCW 88.12.015, a violation of subsection (1) or (2) of this section is an infraction under chapter 7.84 RCW if the vessel is not carrying passengers for hire.

(((3))) (4) A violation of subsection (1) or (2) of this section is a misdemeanor punishable under RCW 9.92.030, if the vessel is carrying passengers for hire.

(5) Enforcement of subsection (2) of this section by law enforcement officers may be accomplished only as a secondary action when a vessel has been detained for a suspected violation of this chapter or some other offense."

On page 1, line 1 of the title, after "devices;" strike the remainder of the title and insert "amending RCW 88.12.115; and prescribing penalties."

Signed by Representatives Fuhrman, Chairman; Buck, Vice Chairman; Pennington, Vice Chairman; Basich, Ranking Minority Member; Beeksma; Elliot; Hatfield; Jacobsen; Keiser; Sheldon; L. Thomas and Thompson.

MINORITY recommendation: Without recommendation. Signed by Representative Regala, Assistant Ranking Minority Member.

Voting Yea: Representatives Fuhrman, Pennington, Buck, Basich, Beeksma, Elliot, Hatfield, Jacobsen, Keiser, Sheldon, B. Thomas and L. Thomas.

Voting Nay: Representative Regala.

Excused: Representatives Stevens and Thompson.

Passed to Committee on Rules for second reading.

February 21, 1996

SSB 6262 Prime Sponsor, Committee on Natural Resources: Providing for the management of cougar population levels. Reported by Committee on Natural Resources

MAJORITY recommendation: Do pass. Signed by Representatives Fuhrman, Chairman; Buck, Vice Chairman; Basich, Ranking Minority Member; Regala, Assistant Ranking Minority Member; Beeksma; Elliot; Hatfield; Jacobsen; Keiser; Sheldon; L. Thomas and Thompson.

MINORITY recommendation: Without recommendation. Signed by Representative Pennington, Vice Chairman.

Voting Yea: Representatives Fuhrman, Buck, Basich, Regala, Beeksma, Elliot, Hatfield, Jacobsen, Keiser, Sheldon, B. Thomas, L. Thomas and Thompson.

Voting Nay: Representative Pennington.

Excused: Representative Stevens.

Passed to Committee on Rules for second reading.

February 22, 1996

SSB 6267 Prime Sponsor, Committee on Education: Changing provisions relating to the principal internship support program. Reported by Committee on Education

MINORITY recommendation: Do not pass. Signed by Representative Veloria.

Voting Yea: Representatives Brumsickle, Johnson, Elliot, Cole, Poulsen, Clements, Fuhrman, Hatfield, Keiser, Linville, McMahan, Pelesky, Quall, Radcliff, Smith, Talcott, B. Thomas and Thompson.

Voting Nay: Representative Veloria.

Passed to Committee on Rules for second reading.

February 22, 1996

2SSB 6272 Prime Sponsor, Committee on Ways & Means: Requiring school employees with regularly scheduled unsupervised access to children to undergo record checks. Reported by Committee on Education

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. (1) In accordance with the time line established under subsection (3) of this section, school districts, educational service districts, and their contractors shall require that all employees who have regularly scheduled unsupervised access to children and were hired before June 11, 1992, undergo a record check through the Washington state patrol criminal identification system under RCW 43.43.830 through 43.43.838, 10.97.030, and 10.97.050 and through the federal bureau of investigation. The record check shall include a fingerprint check using a complete Washington state criminal identification fingerprint card. The superintendent of public instruction shall provide a copy of the record report to the employee. Once an employee has a record check as required under this section, additional record checks shall not be required of the employee unless required by other provisions of law.

(2) Employees, school districts, and educational service districts shall not be required by the state patrol or superintendent of public instruction to pay for the record check required in subsection (1) of this section.

(3) Notwithstanding other provisions of law, the state patrol and the superintendent of public instruction shall complete the record checks required in this section no later than July 31, 1999. The state patrol and the superintendent of public instruction shall establish a time line for the submission of fingerprint identification cards and for completion of the record checks, and shall notify the legislature, school districts, and educational service districts of the time line. The time line shall ensure that all of the record checks required by this section are completed by July 31, 1999.

(4) This section expires July 31, 1999.

Sec. 2. RCW 28A.410.090 and 1992 c 159 s 4 are each amended to read as follows:

(1) Any certificate or permit authorized under the provisions of this chapter, chapter 28A.405 RCW, or rules ((and regulations)) promulgated thereunder may be revoked or suspended by the authority authorized to grant the same based upon a criminal records report authorized by law, or upon the complaint of any school district superintendent, educational service district superintendent, or private school administrator for immorality, violation of written contract, unprofessional conduct, intemperance, or crime against the law of the state.

If the superintendent of public instruction has reasonable cause to believe that an alleged violation of this chapter or rules adopted under it has occurred, but no complaint has been filed pursuant to this chapter, and that a school district superintendent, educational service district superintendent, or private school administrator has sufficient notice of the alleged violation and opportunity to file a complaint, the superintendent of public instruction may cause an investigation to be made of the alleged violation, together with such other matters that may be disclosed in the course of the investigation related to certificated personnel.

(2) Any such certificate or permit authorized under this chapter or chapter 28A.405 RCW shall be revoked by the authority authorized to grant the certificate upon a guilty plea or the conviction of any felony crime involving the physical neglect of a child under chapter 9A.42 RCW, the physical injury or death of a child under chapter 9A.32 or 9A.36 RCW (excepting motor vehicle violations under chapter 46.61 RCW), sexual exploitation of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor under chapter 9A.88 RCW, the sale or purchase of a minor child under RCW 9A.64.030, or violation of similar laws of another jurisdiction. The person whose certificate is in question shall be given an opportunity to be heard. Mandatory permanent revocation upon a guilty plea or the conviction of felony crimes specified under this subsection shall apply to such convictions or guilty pleas which occur after July 23, 1989. Revocation of any certificate or permit authorized under this chapter or chapter 28A.405 RCW for a guilty plea or criminal conviction occurring prior to July 23, 1989, shall be subject to the provisions of subsection (1) of this section.

NEW SECTION. Sec. 3. A new section is added to chapter 28A.400 RCW to read as follows:

(1) When a record check required under section 1 of this act indicates that a classified employee has been convicted of a crime, the employer shall consider the following when making employment decisions pertaining to the individual:

(a) The age and maturity of the individual at the time the crime was committed;

(b) The seriousness of the crime and any mitigating factors;

(d) The proximity in time of the crime;

(e) Evidence that would support good moral character and personal fitness; and

(f) Other appropriate factors.

(2) This section expires July 1, 1999.

NEW SECTION. Sec. 4. (1) Any classified employee or certificated employee dismissed or otherwise adversely affected as a result of a conviction identified in the record check required under section 1 of this act shall be allowed to appeal under the appropriate statutes, including, but not limited to, RCW 28A.400.320 and 28A.400.340 and chapters 28A.645 and 28A.405 RCW.

(2) This section expires July 1, 1999.

NEW SECTION. Sec. 5. A new section is added to chapter 28A.400 RCW to read as follows:

The superintendent of public instruction shall adopt rules as necessary under chapter 34.05 RCW on record check information. The rules shall include, but not be limited to the following:

(1) Written procedures providing a school district employee or applicant for certification or employment access to and review of information obtained based on the record check required under RCW 28A.400.303 and section 1 of this act; and

(2) Written procedures limiting access to the superintendent of public instruction record check data base to only those individuals processing record check information at the office of the superintendent of public instruction, the appropriate school district or districts, and the appropriate educational service district or districts.

NEW SECTION. Sec. 6. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1996, in the omnibus appropriations act, this act is null and void.

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."

On page 1, line 1 of the title, after "employees;" strike the remainder of the title and insert "amending RCW 28A.410.090; adding new sections to chapter 28A.400 RCW; creating new sections; providing expiration dates; and declaring an emergency."

Referred to Committee on Appropriations.

February 21, 1996

ESB 6277 Prime Sponsor, Drew: Providing vouchers for game fish licenses. Reported by Committee on Natural Resources

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 77.32.360 and 1995 c 116 s 7 are each amended to read as follows:

(1) Each person who returns a steelhead catch record card to an authorized license dealer within thirty days following the period for which it was issued shall be given a credit equal to five dollars towards that day's purchase of any license, permit, transport tag, or stamp required by this chapter. This subsection does not apply to annual steelhead catch record cards for persons under the age of fifteen.

(2) Each person who returns a steelhead catch record card to the department within thirty days following the period for which it was issued shall be issued a nontransferable credit equal to five dollars towards the purchase of the next year's steelhead fishing license. Lost, stolen, or destroyed credits will not be replaced. This subsection does not apply to annual steelhead catch record cards for persons under the age of fifteen.

(3) Catch record cards necessary for proper management of the state's game fish resources shall be administered under rules adopted by the director and issued at no charge.

NEW SECTION. Sec. 2. A new section is added to chapter 77.32 RCW to read as follows:

(1) Each person who returns a 1995 steelhead fishing license to the department shall be issued a nontransferable credit equal to six dollars towards a 1997 steelhead fishing license. A person who purchased a 1995 steelhead fishing license but is no longer in possession of the license may apply to the department for a six-dollar credit by completing a written affidavit provided by the department.

(2) Each person who returns a 1995 juvenile steelhead fishing license to the department shall be issued a nontransferable credit equal to two dollars towards the appropriate 1997 steelhead fishing license. A person who purchased a 1995 juvenile steelhead fishing license but is no longer in possession of the license may apply to the department for a two-dollar credit by completing a written affidavit provided by the department.

(3) A person who purchased a 1995 steelhead fishing license or a 1995 juvenile steelhead fishing license is eligible for no more than one credit issued under this section.

(4) This section expires December 31, 1997."

On page 1, line 1 of the title, after "licenses;" strike the remainder of the title and insert "amending RCW 77.32.360; adding a new section to chapter 77.32 RCW; and providing an expiration date."

Voting Yea: Representatives Fuhrman, Pennington, Buck, Basich, Regala, Beeksma, Elliot, Hatfield, Jacobsen, Keiser, Sheldon, B. Thomas and L. Thomas.

Excused: Representatives Stevens and Thompson.

Passed to Committee on Rules for second reading.

February 21, 1996

SB 6305 Prime Sponsor, Drew: Authorizing approval of off-site mitigation proposals for hydraulic projects. Reported by Committee on Natural Resources

MAJORITY recommendation: Do pass. Signed by Representatives Fuhrman, Chairman; Buck, Vice Chairman; Pennington, Vice Chairman; Basich, Ranking Minority Member; Regala, Assistant Ranking Minority Member; Beeksma; Hatfield; Jacobsen; Sheldon; L. Thomas and Thompson.

Voting Yea: Representatives Fuhrman, Pennington, Buck, Basich, Regala, Beeksma, Elliot, Hatfield, Jacobsen, Keiser, Sheldon, B. Thomas, L. Thomas and Thompson.

Excused: Representative Stevens.

Passed to Committee on Rules for second reading.

February 22, 1996

SSB 6334 Prime Sponsor, Committee on Ecology & Parks: Changing water rights administration. Reported by Committee on Agriculture & Ecology

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 90.03.340 and 1987 c 109 s 90 are each amended to read as follows:

(1) Except as provided in RCW 90.03.345, the priority date of a right acquired by appropriation shall relate back to the date of filing of the original application with the department.

(2) For the purpose of vesting the priority date of an application and, therefore, any right acquired through the application, a document filed with the department on or after January 1, 1997, shall be considered to be an application for a new appropriative right to the use of water if it contains the following information: The name and address of the applicant; a general description of the proposed water withdrawal and use project; the location of the proposed withdrawal; the location of the proposed use; and the type of the proposed beneficial use. The document may, at the applicant's discretion, contain more information than is required for this purpose; however, a document filed after January 1, 1997, containing less than this minimum information shall not be considered to be an application for this purpose.

Sec. 2. RCW 90.03.270 and 1987 c 109 s 85 are each amended to read as follows:

Upon receipt of an application it shall be the duty of the department to make an endorsement thereon of the date of its receipt, and to keep a record of same. If upon examination, the application is found to be defective, it shall be returned to the applicant for correction or completion, and the date and the reasons for the return thereof shall be endorsed thereon and made a record in his office. No application filed with the department before January 1, 1997, and no document that qualifies as an application under RCW 90.03.340(2) shall lose its priority of filing on account of such defects, provided acceptable maps, drawings and such data as is required by the department shall be filed with the department within such reasonable time as it shall require.

NEW SECTION. Sec. 3. A new section is added to chapter 90.03 RCW to read as follows:

A water right applicant may appeal to the pollution control hearings board a determination by the department regarding the nature and extent of the information needed to make determinations regarding the application for or the processing of a water right permit.

Sec. 4. RCW 90.03.320 and 1987 c 109 s 67 are each amended to read as follows:

(1) Actual construction work shall be commenced on any project for which permit has been granted within such reasonable time as shall be prescribed by the department, and shall thereafter be prosecuted with diligence and completed within the time prescribed by the department. The department, in fixing the time for the commencement of the work, or for the completion thereof and the application of the water to the beneficial use prescribed in the permit, shall take into consideration the cost and magnitude of the project and the engineering and physical features to be encountered, and shall allow such time as shall be reasonable and just under the conditions then existing, having due regard for the public welfare and public interests affected: and, for good cause shown, it shall extend the time or times fixed as aforesaid, and shall grant such further period or periods as may be reasonably necessary, having due regard to the good faith of the applicant and the public interests affected.

(2) For the purposes of this section, "good cause" includes but is not limited to the following circumstances that prevent work completion within the prescribed period:

(a) Active service in the armed forces of the United States during a military crisis;

(b) Nonvoluntary service in the armed forces of the United States;

(d) Delays in securing other permits necessary to proceed with the development;

(e) A single transfer in ownership of the property;

(f) Implementation of water efficiency measures, including conservation and reclaimed water use;

(g) Encountering unanticipated physical impediments to construction; and

(h) Encountering generally depressed economic conditions.

(3) If the terms of the permit or extension thereof((,)) are not complied with, the department shall give notice by ((registered)) certified mail that ((such)) the permit will be canceled unless the ((holders thereof shall)) permittee shows cause within sixty days why the ((same)) permit should not be ((so)) canceled. If cause ((be)) is not shown, ((said)) the permit shall be canceled through the department's issuance of an order of cancellation served on the holder of the permit by certified mail.

NEW SECTION. Sec. 5. A new section is added to chapter 90.03 RCW to read as follows:

(1) The department shall establish streamlined procedures for its processing of applications for de minimis appropriations of surface water, but only if the department has reserved and set aside the water for future beneficial use under RCW 90.54.050.

(2) Applications for appropriating water under this section shall be made on a form provided by the department. Within sixty days of the publication of a notice in accordance with RCW 90.03.280, the department shall issue or deny a permit for the requested appropriation. If the department denies the application, it shall explain its determination in writing.

(3) The department shall waive the evaluation and report requirements of RCW 90.03.290 if at the time the reservation was established the department determined that use of the reserved water would not impair water rights existing before the reservation was established and would not be detrimental to the public interest.

(4) Unless the context clearly requires otherwise, as used in this chapter, "de minimis appropriation" means diversion and use of surface water in an amount not exceeding four hundred fifty gallons per day and not exceeding an instantaneous diversion rate of two one-hundredths cubic feet per second.

(5) The department shall develop, in cooperation with the department of health, informational materials regarding the risks of drinking untreated surface water. This informational material may be provided to prospective applicants. The department shall attach the informational materials to any permit that is approved under this section.

NEW SECTION. Sec. 6. A new section is added to chapter 90.03 RCW to read as follows:

(1) The department may authorize short-term uses of water without publication of the notice required under RCW 90.03.280 and without the report required under RCW 90.03.290. However, before approving a short-term use, the department shall determine to its satisfaction that the substantive criteria in RCW 90.03.290 are met and that a stream affected by a short-term use will be retained with minimally sufficient flows to maintain instream uses and to protect existing water rights. The department shall adopt and provide application forms for persons applying for a short-term use and shall expedite its consideration of short-term use requests to the extent practicable.

(2) For the purposes of this chapter, "short-term use" means a use of water that will not exceed one year in duration. Short-term uses include but are not limited to use in construction, dust control, dewatering, and short-term planned fire suppression activities.

Sec. 7. RCW 43.21B.240 and 1989 c 175 s 105 are each amended to read as follows:

The department and air authorities shall not have authority to hold adjudicative proceedings pursuant to the Administrative Procedure Act, chapter 34.05 RCW. ((Such)) All other hearings, except for water-related agency actions as defined in section 13 of this act that are appealed directly to a superior court as provided in section 10 of this act shall be held by the pollution control hearings board.

Sec. 8. RCW 43.27A.190 and 1987 c 109 s 11 are each amended to read as follows:

Notwithstanding and in addition to any other powers granted to the department of ecology, whenever it appears to the department that a person is violating or is about to violate any of the provisions of the following:

(1) Chapter 90.03 RCW; or

(2) Chapter 90.44 RCW; or

(3) Chapter 86.16 RCW; or

(4) Chapter 43.37 RCW; or

(5) Chapter 43.27A RCW; or

(6) Any other law relating to water resources administered by the department; or

(7) A rule or regulation adopted, or a directive or order issued by the department relating to subsections (1) through (6) of this section; the department may cause a written regulatory order to be served upon ((said)) the person either personally, or by registered or certified mail delivered to addressee only with return receipt requested and acknowledged by him or her. The order shall specify the provision of the statute, rule, regulation, directive or order alleged to be or about to be violated, and the facts upon which the conclusion of violating or potential violation is based, and shall order the act constituting the violation or the potential violation to cease and desist or, in appropriate cases, shall order necessary corrective action to be taken with regard to such acts within a specific and reasonable time. The regulation of a headgate or controlling works as provided in RCW 90.03.070, by a watermaster, stream patrolman, or other person so authorized by the department shall constitute a regulatory order within the meaning of this section. A regulatory order issued hereunder shall become effective immediately upon receipt by the person to whom the order is directed, except for regulations under RCW 90.03.070 which shall become effective when a written notice is attached as provided therein. Any person aggrieved by such order may appeal the order pursuant to RCW 43.21B.310 unless the order is a water-related agency action of the department, as defined in section 13 of this act, in which case it may be appealed either to the pollution control hearings board or directly to a superior court as provided in section 10 of this act.

Sec. 9. RCW 90.66.080 and 1979 c 3 s 8 are each amended to read as follows:

The department is hereby empowered to promulgate such rules as may be necessary to carry out the provisions of this chapter. Decisions of the department, other than rule making, shall be subject to review by the pollution control hearings board or a superior court in accordance with ((chapter 43.21B RCW)) section 13 of this act.

NEW SECTION. Sec. 10. A new section is added to chapter 43.21B RCW to read as follows:

A person who is aggrieved or adversely affected by a water-related agency action as defined by section 13 of this act may appeal the decision either to the pollution control hearings board pursuant to RCW 43.21B.310 or directly to a superior court. Any direct appeal to a superior court as authorized by this section shall be de novo. An appeal of a decision regarding a withdrawal shall be filed in the county in which the water withdrawal would or does take place.

NEW SECTION. Sec. 11. A new section is added to chapter 43.21B RCW to read as follows:

In all appeals of water-related agency actions by the department, as defined in section 13 of this act, over which the hearings board has jurisdiction, a party taking an appeal may elect either a formal or an informal hearing. The election shall be made according to rules of practice and procedure adopted by the hearings board. This section shall not be construed to modify RCW 43.21B.190. In the event that appeals are taken from the same decision, order, or determination, as the case may be, by different parties and only one of such parties elects an informal hearing, an informal hearing shall be granted.

NEW SECTION. Sec. 12. A new section is added to chapter 43.21B RCW to read as follows:

In all appeals involving a decision or an order of the hearings board after an informal hearing of a water-related agency action by the department, as defined in section 13 of this act, the appeal to superior court shall be de novo. The petition shall be filed in the superior court specified in section 10 of this act. Such appeal may be perfected by filing with the clerk of the superior court a notice of appeal, and by serving a copy thereof by mail, or personally on the director or on the board as the case may be. The hearings board shall serve upon the appealing party, the director, and on any other party appearing at the hearings board's proceeding, and file with the clerk of the court before trial, a certified copy of the hearings board's decision and order. Appellate review of a decision of the superior court may be sought as in other civil cases. No bond may be required on appeals to the superior court or on review by the supreme court unless specifically required by the judge of the superior court.

NEW SECTION. Sec. 13. A new section is added to chapter 43.21B RCW to read as follows:

Unless the context clearly requires otherwise, as used in this chapter "water-related agency action" includes (1) a decision to grant or deny a permit or certificate for a right to the beneficial use of water or to amend, change, or transfer such a right; (2) a decision to enforce the conditions of a permit for, or right to, the beneficial use of water or to require any person to discontinue the use of water; and (3) a decision regarding the nature and extent of the information needed to make determinations regarding the application for or processing of a water right permit."

On page 1, line 1 of the title, after "rights;" strike the remainder of the title and insert "amending RCW 90.03.340, 90.03.270, 90.03.320, 43.21B.240, 43.27A.190, and 90.66.080; adding new sections to chapter 90.03 RCW; and adding new sections to chapter 43.21B RCW."

MINORITY recommendation: Do not pass. Signed by Representatives R. Fisher; Murray; Ogden; Regala and Rust.

Voting Yea: Representatives Chandler, Koster, Chappell, Linville, Boldt, Clements, Delvin, Honeyford, Johnson, Mastin, Robertson and Schoesler.

Voting Nay: Representatives R. Fisher, Murray, Ogden, Regala and Rust.

Passed to Committee on Rules for second reading.

February 21, 1996

SSB 6422 Prime Sponsor, Committee on Government Operations: Requiring additional planning for general aviation facilities. Reported by Committee on Transportation

MAJORITY recommendation: Do pass. Signed by Representatives K. Schmidt, Chairman; Benton, Vice Chairman; Mitchell, Vice Chairman; Skinner, Vice Chairman; R. Fisher, Ranking Minority Member; Hatfield, Assistant Ranking Minority Member; Backlund; Blanton; Brown; Buck; Cairnes; Chopp; Elliot; Hankins; Johnson; Ogden; Patterson; Romero; D. Schmidt; Scott; Sterk and Tokuda.

MINORITY recommendation: Do not pass. Signed by Representatives Horn; McMahan; Quall and Robertson.

Voting Yea: Representatives K. Schmidt, Skinner, Mitchell, Benton, R. Fisher, Hatfield, Backlund, Blanton, Brown, Buck, Cairnes, Chopp, Elliot, Hankins, Johnson, Ogden, Patterson, Romero, D. Schmidt, Scott, Sterk and Tokuda.

Voting Nay: Representatives Horn, McMahan, Quall and Robertson.

Excused: Representative Chandler.

Passed to Committee on Rules for second reading.

February 21, 1996

ESB 6423 Prime Sponsor, Sutherland: Creating the Washington electronic authentication act. Reported by Committee on Energy & Utilities

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"PART I. SHORT TITLE, INTERPRETATION, AND DEFINITIONS

NEW SECTION. Sec. 101. SHORT TITLE. This chapter shall be known and may be cited as the Washington electronic authentication act.

NEW SECTION. Sec. 102. PURPOSES AND CONSTRUCTION. This chapter shall be construed consistently with what is commercially reasonable under the circumstances and to effectuate the following purposes:

(1) To facilitate commerce by means of reliable electronic messages;

(2) To minimize the incidence of forged digital signatures and fraud in electronic commerce;

(3) To implement legally the general import of relevant standards, such as X.509 of the international telecommunication union, formerly known as the international telegraph and telephone consultative committee; and

(4) To establish, in coordination with multiple states, uniform rules regarding the authentication and reliability of electronic messages.

NEW SECTION. Sec. 103. DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

(1) "Accept a certificate" means either:

(a) To manifest approval of a certificate, while knowing or having notice of its contents; or

(b) To apply to a licensed certification authority for a certificate, without cancelling or revoking the application by delivering notice of the cancellation or revocation to the certification authority and obtaining a signed, written receipt from the certification authority, if the certification authority subsequently issues a certificate based on the application.

(2) "Asymmetric cryptosystem" means an algorithm or series of algorithms that provide a secure key pair.

(3) "Certificate" means a computer-based record that:

(a) Identifies the certification authority issuing it;

(b) Names or identifies its subscriber;

(d) Is digitally signed by the certification authority issuing it.

(4) "Certification authority" means a person who issues a certificate.

(5) "Certification authority disclosure record" means an on-line, publicly accessible record that concerns a licensed certification authority and is kept by the secretary. A certification authority disclosure record has the contents specified by rule by the secretary under section 104 of this act.

(6) "Certification practice statement" means a declaration of the practices that a certification authority employs in issuing certificates generally, or employed in issuing a material certificate.

(7) "Certify" means to declare with reference to a certificate, with ample opportunity to reflect, and with a duty to apprise oneself of all material facts.

(8) "Confirm" means to ascertain through appropriate inquiry and investigation.

(9) "Correspond," with reference to keys, means to belong to the same key pair.

(10) "Digital signature" means a transformation of a message using an asymmetric cryptosystem such that a person having the initial message and the signer's public key can accurately determine:

(a) Whether the transformation was created using the private key that corresponds to the signer's public key; and

(b) Whether the initial message has been altered since the transformation was made.

(11) "Financial institution" means a national or state-chartered commercial bank or trust company, savings bank, savings association, or credit union authorized to do business in the state of Washington and the deposits of which are federally insured.

(12) "Forge a digital signature" means either:

(a) To create a digital signature without the authorization of the rightful holder of the private key; or

(b) To create a digital signature verifiable by a certificate listing as subscriber a person who either:

(i) Does not exist; or

(ii) Does not hold the private key corresponding to the public key listed in the certificate.

(13) "Hold a private key" means to be authorized to utilize a private key.

(14) "Incorporate by reference" means to make one message a part of another message by identifying the message to be incorporated and expressing the intention that it be incorporated.

(15) "Issue a certificate" means the acts of a certification authority in creating a certificate and notifying the subscriber listed in the certificate of the contents of the certificate.

(16) "Key pair" means a private key and its corresponding public key in an asymmetric cryptosystem, keys which have the property that the public key can verify a digital signature that the private key creates.

(17) "Licensed certification authority" means a certification authority to whom a license has been issued by the secretary and whose license is in effect.

(18) "Message" means a digital representation of information.

(19) "Notify" means to communicate a fact to another person in a manner reasonably likely under the circumstances to impart knowledge of the information to the other person.

(20) "Operative personnel" means one or more natural persons acting as a certification authority or its agent, or in the employment of, or under contract with, a certification authority, and who have:

(a) Managerial or policymaking responsibilities for the certification authority; or

(b) Duties directly involving the issuance of certificates, creation of private keys, or administration of a certification authority's computing facilities.

(21) "Person" means a human being or an organization capable of signing a document, either legally or as a matter of fact.

(22) "Private key" means the key of a key pair used to create a digital signature.

(23) "Public key" means the key of a key pair used to verify a digital signature.

(24) "Publish" means to record or file in a repository.

(25) "Qualified right to payment" means an award of damages against a licensed certification authority by a court having jurisdiction over the certification authority in a civil action for violation of this chapter.

(26) "Recipient" means a person who receives or has a digital signature and is in a position to rely on it.

(27) "Recognized repository" means a repository recognized by the secretary under section 501 of this act.

(28) "Recommended reliance limit" means the monetary amount recommended for reliance on a certificate under section 309(1) of this act.

(29) "Repository" means a system for storing and retrieving certificates and other information relevant to digital signatures.

(30) "Revoke a certificate" means to make a certificate ineffective permanently from a specified time forward. Revocation is effected by notation or inclusion in a set of revoked certificates, and does not imply that a revoked certificate is destroyed or made illegible.

(31) "Rightfully hold a private key" means the authority to utilize a private key:

(a) That the holder or the holder's agents have not disclosed to a person in violation of section 305(1) of this act; and

(b) That the holder has not obtained through theft, deceit, eavesdropping, or other unlawful means.

(32) "Secretary" means the secretary of state.

(33) "Subscriber" means a person who:

(a) Is the subject listed in a certificate;

(b) Accepts the certificate; and

(34) "Suitable guaranty" means either a surety bond executed by a surety authorized by the insurance commissioner to do business in this state, or an irrevocable letter of credit issued by a financial institution authorized to do business in this state, which, in either event, satisfies all of the following requirements:

(a) It is issued payable to the secretary for the benefit of persons holding qualified rights of payment against the licensed certification authority named as the principal of the bond or customer of the letter of credit;

(b) It is in an amount specified by rule by the secretary under section 104 of this act;

(d) It specifies a term of effectiveness extending at least as long as the term of the license to be issued to the certification authority; and

(e) It is in a form prescribed or approved by rule by the secretary.

A suitable guaranty may also provide that the total annual liability on the guaranty to all persons making claims based on it may not exceed the face amount of the guaranty.

(35) "Suspend a certificate" means to make a certificate ineffective temporarily for a specified time forward.

(36) "Time stamp" means either:

(a) To append or attach to a message, digital signature, or certificate a digitally signed notation indicating at least the date, time, and identity of the person appending or attaching the notation; or

(b) The notation thus appended or attached.

(37) "Transactional certificate" means a valid certificate incorporating by reference one or more digital signatures.

(38) "Trustworthy system" means computer hardware and software that:

(a) Are reasonably secure from intrusion and misuse;

(b) Provide a reasonable level of availability, reliability, and correct operation; and

(39) "Valid certificate" means a certificate that:

(a) A licensed certification authority has issued;

(b) The subscriber listed in it has accepted;

(d) Has not expired.

However, a transactional certificate is a valid certificate only in relation to the digital signature incorporated in it by reference.

(40) "Verify a digital signature" means, in relation to a given digital signature, message, and public key, to determine accurately that:

(a) The digital signature was created by the private key corresponding to the public key; and

(b) The message has not been altered since its digital signature was created.

NEW SECTION. Sec. 104. ROLE OF THE SECRETARY. (1) If six months elapse during which time no certification authority is licensed in this state, then the secretary shall be a certification authority, and may issue, suspend, and revoke certificates in the manner prescribed for licensed certification authorities. Except for licensing requirements, this chapter applies to the secretary with respect to certificates he or she issues. The secretary must discontinue acting as a certification authority if another certification authority is licensed, in a manner allowing reasonable transition to private enterprise.

(2) The secretary must maintain a publicly accessible data base containing a certification authority disclosure record for each licensed certification authority. The secretary must publish the contents of the data base in at least one recognized repository.

(3) The secretary must adopt rules consistent with this chapter and in furtherance of its purposes:

(a) To govern licensed certification authorities, their practice, and the termination of a certification authority's practice;

(b) To determine an amount reasonably appropriate for a suitable guaranty, in light of the burden a suitable guaranty places upon licensed certification authorities and the assurance of quality and financial responsibility it provides to persons who rely on certificates issued by licensed certification authorities;

(d) To specify reasonable requirements for the form of certificates issued by licensed certification authorities, in accordance with generally accepted standards for digital signature certificates;

(e) To specify reasonable requirements for recordkeeping by licensed certification authorities;

(f) To specify reasonable requirements for the content, form, and sources of information in certification authority disclosure records, the updating and timeliness of the information, and other practices and policies relating to certification authority disclosure records;

(g) To specify the form of certification practice statements; and

(h) Otherwise to give effect to and implement this chapter.

NEW SECTION. Sec. 105. FEES OF THE SECRETARY. The secretary may adopt rules establishing reasonable fees for all services rendered under this chapter, in amounts sufficient to compensate for the costs of all services under this chapter. All fees recovered by the secretary must be deposited in the state general fund.

PART II. LICENSING AND REGULATION OF CERTIFICATE AUTHORITIES

NEW SECTION. Sec. 201. LICENSURE AND QUALIFICATIONS OF CERTIFICATION AUTHORITIES. (1) To obtain or retain a license, a certification authority must:

(a) Be the subscriber of a certificate published in a recognized repository;

(b) Employ as operative personnel only persons who have not been convicted within the past fifteen years of a felony or a crime involving fraud, false statement, or deception;

(c) Employ as operative personnel only persons who have demonstrated knowledge and proficiency in following the requirements of this chapter;

(d) File with the secretary a suitable guaranty, unless the certification authority is a department, office, or official of a state, city, or county governmental entity, provided that:

(i) Each of the public entities in (d) of this subsection act through designated officials authorized by rule or ordinance to perform certification authority functions; or

(ii) This state or one of the public entities in (d) of this subsection is the subscriber of all certificates issued by the certification authority;

(e) Have the right to use a trustworthy system, including a secure means for limiting access to its private key;

(f) Present proof to the secretary of having working capital reasonably sufficient, according to rules adopted by the secretary, to enable the applicant to conduct business as a certification authority;

(g) Maintain an office in this state or have established a registered agent for service of process in this state; and

(h) Comply with all further licensing requirements established by rule by the secretary.

(2) The secretary must issue a license to a certification authority that:

(a) Is qualified under subsection (1) of this section;

(b) Applies in writing to the secretary for a license; and

(3) The secretary may by rule classify licenses according to specified limitations, such as a maximum number of outstanding certificates, cumulative maximum of recommended reliance limits in certificates issued by the certification authority, or issuance only within a single firm or organization, and the secretary may issue licenses restricted according to the limits of each classification. A certification authority acts as an unlicensed certification authority in issuing a certificate exceeding the restrictions of the certification authority's license.

(4) The secretary may revoke or suspend a certification authority's license, in accordance with the administrative procedure act, chapter 34.05 RCW, for failure to comply with this chapter or for failure to remain qualified under subsection (1) of this section.

(5) The secretary may recognize by rule the licensing or authorization of certification authorities by other governmental entities, provided that those licensing or authorization requirements are substantially similar to those of this state. If licensing by another government is so recognized:

(a) Sections 401 through 406 of this act apply to certificates issued by the certification authorities licensed or authorized by that government in the same manner as it applies to licensed certification authorities of this state; and

(b) The liability limits of section 309 of this act apply to the certification authorities licensed or authorized by that government in the same manner as they apply to licensed certification authorities of this state.

(6) Unless the parties provide otherwise by contract between themselves, the licensing requirements in this section do not affect the effectiveness, enforceability, or validity of any digital signature, except that sections 401 through 406 of this act do not apply in relation to a digital signature that cannot be verified by a certificate issued by an unlicensed certification authority.

(7) A certification authority that has not obtained a license is not subject to the provisions of this chapter.

NEW SECTION. Sec. 202. PERFORMANCE AUDITS. (1) A certified public accountant having expertise in computer security or an accredited computer security professional must audit the operations of each licensed certification authority at least once each year to evaluate compliance with this chapter. The secretary may by rule specify the qualifications of auditors.

(2) Based on information gathered in the audit, the auditor must categorize the licensed certification authority's compliance as one of the following:

(a) Full compliance. The certification authority appears to conform to all applicable statutory and regulatory requirements.

(b) Substantial compliance. The certification authority appears generally to conform to applicable statutory and regulatory requirements. However, one or more instances of noncompliance or of inability to demonstrate compliance were found in an audited sample, but were likely to be inconsequential.

(c) Partial compliance. The certification authority appears to comply with some statutory and regulatory requirements, but was found not to have complied or not to be able to demonstrate compliance with one or more important safeguards.

(d) Noncompliance. The certification authority complies with few or none of the statutory and regulatory requirements, fails to keep adequate records to demonstrate compliance with more than a few requirements, or refused to submit to an audit.

The secretary must publish in the certification authority disclosure record it maintains for the certification authority the date of the audit and the resulting categorization of the certification authority.

(3) The secretary may exempt a licensed certification authority from the requirements of subsection (1) of this section, if:

(a) The certification authority to be exempted requests exemption in writing;

(b) The most recent performance audit, if any, of the certification authority resulted in a finding of full or substantial compliance; and

(c) The certification authority declares under oath, affirmation, or penalty of perjury that one or more of the following is true with respect to the certification authority:

(i) The certification authority has issued fewer than six certificates during the past year and the recommended reliance limits of all of the certificates do not exceed ten thousand dollars;

(ii) The aggregate lifetime of all certificates issued by the certification authority during the past year is less than thirty days and the recommended reliance limits of all of the certificates do not exceed ten thousand dollars; or

(iii) The recommended reliance limits of all certificates outstanding and issued by the certification authority total less than one thousand dollars.

(4) If the certification authority's declaration under subsection (3) of this section falsely states a material fact, the certification authority has failed to comply with the performance audit requirements of this section.

(5) If a licensed certification authority is exempt under subsection (3) of this section, the secretary must publish in the certification authority disclosure record it maintains for the certification authority that the certification authority is exempt from the performance audit requirement.

NEW SECTION. Sec. 203. ENFORCEMENT OF REQUIREMENTS FOR LICENSED CERTIFICATION AUTHORITIES. (1) The secretary may investigate the activities of a licensed certification authority material to its compliance with this chapter and issue orders to a certification authority to further its investigation and secure compliance with this chapter.

(2) The secretary may suspend or revoke the license of a certification authority for its failure to comply with an order of the secretary.

(3) The secretary may by order impose and collect a civil monetary penalty for a violation of this chapter in an amount not to exceed five thousand dollars per incident, or ninety percent of the recommended reliance limit of a material certificate, whichever is less. In case of a violation continuing for more than one day, each day is considered a separate incident.

(4) The secretary may order a certification authority, which it has found to be in violation of this chapter, to pay the costs incurred by the secretary in prosecuting and adjudicating proceedings relative to the order, and enforcing it.

(5) The secretary must exercise authority under this section in accordance with the administrative procedure act, chapter 34.05 RCW, and a licensed certification authority may obtain judicial review of the secretary's actions as prescribed by chapter 34.05 RCW. The secretary may also seek injunctive relief to compel compliance with an order.

NEW SECTION. Sec. 204. DANGEROUS ACTIVITIES BY A CERTIFICATION AUTHORITY PROHIBITED. (1) No certification authority, whether licensed or not, may conduct its business in a manner that creates an unreasonable risk of loss to subscribers of the certification authority, to persons relying on certificates issued by the certification authority, or to a repository.

(2) The secretary may publish in the repository it provides, or elsewhere, brief statements advising subscribers, persons relying on digital signatures, or other repositories about activities of a certification authority, whether licensed or not, that create a risk prohibited by subsection (1) of this section. The certification authority named in a statement as creating or causing such a risk may protest the publication of the statement by filing a written defense of ten thousand bytes or less. Upon receipt of such a protest, the secretary must publish the protest along with the secretary's statement, and must promptly give the protesting certification authority notice and an opportunity to be heard. Following the hearing, the secretary must rescind the advisory statement if its publication was unwarranted under this section, cancel it if its publication is no longer warranted, continue or amend it if it remains warranted, or take further legal action to eliminate or reduce a risk prohibited by subsection (1) of this section. The secretary must publish its decision in the repository it provides.

(3) In the manner provided by the administrative procedure act, chapter 34.05 RCW, the secretary may issue orders and obtain injunctions or other civil relief to prevent or restrain a certification authority from violating this section, regardless of whether the certification authority is licensed. This section does not create a right of action in a person other than the secretary.

PART III. DUTIES OF CERTIFICATION AUTHORITIES AND SUBSCRIBERS

NEW SECTION. Sec. 301. GENERAL REQUIREMENTS FOR CERTIFICATION AUTHORITIES. (1) A licensed certification authority or subscriber may use only a trustworthy system:

(a) To issue, suspend, or revoke a certificate;

(b) To publish or give notice of the issuance, suspension, or revocation of a certificate; or

(2) A licensed certification authority must disclose any material certification practice statement, and any fact material to either the reliability of a certificate that it has issued or its ability to perform its services. A certification authority may require a signed, written, and reasonably specific inquiry from an identified person, and payment of reasonable compensation, as conditions precedent to effecting a disclosure required in this subsection.

NEW SECTION. Sec. 302. ISSUANCE OF A CERTIFICATE. (1) A licensed certification authority may issue a certificate to a subscriber only after all of the following conditions are satisfied:

(a) The certification authority has received a request for issuance signed by the prospective subscriber; and

(b) The certification authority has confirmed that:

(i) The prospective subscriber is the person to be listed in the certificate to be issued;

(ii) If the prospective subscriber is acting through one or more agents, the subscriber duly authorized the agent or agents to have custody of the subscriber's private key and to request issuance of a certificate listing the corresponding public key;

(iii) The information in the certificate to be issued is accurate;

(iv) The prospective subscriber rightfully holds the private key corresponding to the public key to be listed in the certificate;

(v) The prospective subscriber holds a private key capable of creating a digital signature; and

(vi) The public key to be listed in the certificate can be used to verify a digital signature affixed by the private key held by the prospective subscriber.

The requirements of this subsection may not be waived or disclaimed by either the licensed certification authority, the subscriber, or both.

(2) If the subscriber accepts the issued certificate, the certification authority must publish a signed copy of the certificate in a recognized repository, as the certification authority and the subscriber named in the certificate may agree, unless a contract between the certification authority and the subscriber provides otherwise. If the subscriber does not accept the certificate, a licensed certification authority must not publish it, or must cancel its publication if the certificate has already been published.

(3) Nothing in this section precludes a licensed certification authority from conforming to standards, certification practice statements, security plans, or contractual requirements more rigorous than, but nevertheless consistent with, this chapter.

(4) After issuing a certificate, a licensed certification authority must revoke it immediately upon confirming that it was not issued as required by this section. A licensed certification authority may also suspend a certificate that it has issued for a reasonable period not exceeding forty-eight hours as needed for an investigation to confirm grounds for revocation under this subsection. The certification authority must give notice to the subscriber as soon as practicable after a decision to revoke or suspend under this subsection.

(5) The secretary may order the licensed certification authority to suspend or revoke a certificate that the certification authority issued, if, after giving any required notice and opportunity for the certification authority and subscriber to be heard in accordance with the administrative procedure act, chapter 34.05 RCW, the secretary determines that:

(a) The certificate was issued without substantial compliance with this section; and

(b) The noncompliance poses a significant risk to persons reasonably relying on the certificate.

Upon determining that an emergency requires an immediate remedy, and in accordance with the administrative procedure act, chapter 34.05 RCW, the secretary may issue an order suspending a certificate for a period not to exceed forty-eight hours.

NEW SECTION. Sec. 303. WARRANTIES AND OBLIGATIONS OF CERTIFICATION AUTHORITY UPON ISSUANCE OF A CERTIFICATE. (1) By issuing a certificate, a licensed certification authority warrants to the subscriber named in the certificate that:

(a) The certificate contains no information known to the certification authority to be false;

(b) The certificate satisfies all material requirements of this chapter; and

The certification authority may not disclaim or limit the warranties of this subsection.

(2) Unless the subscriber and certification authority otherwise agree, a certification authority, by issuing a certificate, promises to the subscriber:

(a) To act promptly to suspend or revoke a certificate in accordance with section 306 or 307 of this act; and

(b) To notify the subscriber within a reasonable time of any facts known to the certification authority that significantly affect the validity or reliability of the certificate once it is issued.

(3) By issuing a certificate, a licensed certification authority certifies to all who reasonably rely on the information contained in the certificate that:

(a) The information in the certificate and listed as confirmed by the certification authority is accurate;

(b) All information foreseeably material to the reliability of the certificate is stated or incorporated by reference within the certificate;

(d) The licensed certification authority has complied with all applicable laws of this state governing issuance of the certificate.

(4) By publishing a certificate, a licensed certification authority certifies to the repository in which the certificate is published and to all who reasonably rely on the information contained in the certificate that the certification authority has issued the certificate to the subscriber.

NEW SECTION. Sec. 304. REPRESENTATIONS AND DUTIES UPON ACCEPTANCE OF A CERTIFICATE. (1) By accepting a certificate issued by a licensed certification authority, the subscriber listed in the certificate certifies to all who reasonably rely on the information contained in the certificate that:

(a) The subscriber rightfully holds the private key corresponding to the public key listed in the certificate;

(b) All representations made by the subscriber to the certification authority and material to the information listed in the certificate are true; and

(c) All material representations made by the subscriber to a certification authority or made in the certificate and not confirmed by the certification authority in issuing the certificate are true.

(2) By requesting on behalf of a principal the issuance of a certificate naming the principal as subscriber, the requesting person certifies in that person's own right to all who reasonably rely on the information contained in the certificate that the requesting person:

(a) Holds all authority legally required to apply for issuance of a certificate naming the principal as subscriber; and

(b) Has authority to sign digitally on behalf of the principal, and, if that authority is limited in any way, adequate safeguards exist to prevent a digital signature exceeding the bounds of the person's authority.

(3) No person may disclaim or contractually limit the application of this section, nor obtain indemnity for its effects, if the disclaimer, limitation, or indemnity restricts liability for misrepresentation as against persons reasonably relying on the certificate.

(4) By accepting a certificate, a subscriber undertakes to indemnify the issuing certification authority for loss or damage caused by issuance or publication of a certificate in reliance on:

(a) A false and material representation of fact by the subscriber; or

(b) The failure by the subscriber to disclose a material fact;

if the representation or failure to disclose was made either with intent to deceive the certification authority or a person relying on the certificate, or with negligence. If the certification authority issued the certificate at the request of one or more agents of the subscriber, the agent or agents personally undertake to indemnify the certification authority under this subsection, as if they were accepting subscribers in their own right. The indemnity provided in this section may not be disclaimed or contractually limited in scope. However, a contract may provide consistent, additional terms regarding the indemnification.

(5) In obtaining information of the subscriber material to issuance of a certificate, the certification authority may require the subscriber to certify the accuracy of relevant information under oath or affirmation of truthfulness and under penalty of perjury.

NEW SECTION. Sec. 305. CONTROL OF THE PRIVATE KEY. (1) By accepting a certificate issued by a licensed certification authority, the subscriber identified in the certificate assumes a duty to exercise reasonable care to retain control of the private key and prevent its disclosure to a person not authorized to create the subscriber's digital signature.

(2) A private key is the personal property of the subscriber who rightfully holds it.

(3) If a certification authority holds the private key corresponding to a public key listed in a certificate that it has issued, the certification authority holds the private key as a fiduciary of the subscriber named in the certificate, and may use that private key only with the subscriber's prior, written approval, unless the subscriber expressly grants the private key to the certification authority and expressly permits the certification authority to hold the private key according to other terms.

NEW SECTION. Sec. 306. SUSPENSION OF A CERTIFICATE. (1) Unless the certification authority and the subscriber agree otherwise, the licensed certification authority that issued a certificate that is not a transactional certificate must suspend the certificate for a period not to exceed forty-eight hours:

(a) Upon request by a person identifying himself or herself as the subscriber named in the certificate, or as a person in a position likely to know of a compromise of the security of a subscriber's private key, such as an agent, business associate, employee, or member of the immediate family of the subscriber; or

(b) By order of the secretary under section 302(5) of this act.

The certification authority need not confirm the identity or agency of the person requesting suspension.

(2) Unless the certificate provides otherwise or the certificate is a transactional certificate, the secretary or a county clerk may suspend a certificate issued by a licensed certification authority for a period of forty-eight hours, if:

(a) A person identifying himself or herself as the subscriber named in the certificate or as an agent, business associate, employee, or member of the immediate family of the subscriber requests suspension; and

(b) The requester represents that the certification authority that issued the certificate is unavailable.

The secretary or county clerk may require the person requesting suspension to provide evidence, including a statement under oath or affirmation, regarding his or her identity, authorization, or the unavailability of the issuing certification authority, and may decline to suspend the certificate in its discretion. The secretary or law enforcement agencies may investigate suspensions by the secretary or county clerk for possible wrongdoing by persons requesting suspension.

(3) Immediately upon suspension of a certificate by a licensed certification authority, the licensed certification authority must give notice of the suspension according to the specification in the certificate. If one or more repositories are specified, then the licensed certification authority must publish a signed notice of the suspension in all the repositories. If a repository no longer exists or refuses to accept publication, or if no repository is recognized under section 501 of this act, the licensed certification authority must also publish the notice in a recognized repository. If a certificate is suspended by the secretary or county clerk, the secretary or clerk must give notice as required in this subsection for a licensed certification authority, provided that the person requesting suspension pays in advance any fee required by a repository for publication of the notice of suspension.

(4) A certification authority must terminate a suspension initiated by request only:

(a) If the subscriber named in the suspended certificate requests termination of the suspension, the certification authority has confirmed that the person requesting suspension is the subscriber or an agent of the subscriber authorized to terminate the suspension; or

(b) When the certification authority discovers and confirms that the request for the suspension was made without authorization by the subscriber. However, this subsection (4)(b) does not require the certification authority to confirm a request for suspension.

(5) The contract between a subscriber and a licensed certification authority may limit or preclude requested suspension by the certification authority, or may provide otherwise for termination of a requested suspension. However, if the contract limits or precludes suspension by the secretary or county clerk when the issuing certification authority is unavailable, the limitation or preclusion is effective only if notice of it is published in the certificate.

(6) No person may knowingly or intentionally misrepresent to a certification authority his or her identity or authorization in requesting suspension of a certificate. Violation of this subsection is a misdemeanor.

(7) The subscriber is released from the duty to keep the private key secure under section 305(1) of this act while the certificate is suspended.

NEW SECTION. Sec. 307. REVOCATION OF A CERTIFICATE. (1) A licensed certification authority must revoke a certificate that it issued but which is not a transactional certificate, after:

(a) Receiving a request for revocation by the subscriber named in the certificate; and

(b) Confirming that the person requesting revocation is the subscriber, or is an agent of the subscriber with authority to request the revocation.

(2) A licensed certification authority must confirm a request for revocation and revoke a certificate within one business day after receiving both a subscriber's written request and evidence reasonably sufficient to confirm the identity and any agency of the person requesting the suspension.

(3) A licensed certification authority must revoke a certificate that it issued:

(a) Upon receiving a certified copy of the subscriber's death certificate, or upon confirming by other evidence that the subscriber is dead; or

(b) Upon presentation of documents effecting a dissolution of the subscriber, or upon confirming by other evidence that the subscriber has been dissolved or has ceased to exist.

(4) A licensed certification authority may revoke one or more certificates that it issued if the certificates are or become unreliable, regardless of whether the subscriber consents to the revocation and notwithstanding a provision to the contrary in a contract between the subscriber and certification authority.

(5) Immediately upon revocation of a certificate by a licensed certification authority, the licensed certification authority must give notice of the revocation according to the specification in the certificate. If one or more repositories are specified, then the licensed certification authority must publish a signed notice of the revocation in all repositories. If a repository no longer exists or refuses to accept publication, or if no repository is recognized under section 501 of this act, then the licensed certification authority must also publish the notice in a recognized repository.

(6) A subscriber ceases to certify, as provided in section 304 of this act, and has no further duty to keep the private key secure, as required by section 305 of this act, in relation to the certificate whose revocation the subscriber has requested, beginning at the earlier of either:

(a) When notice of the revocation is published as required in subsection (5) of this section; or

(b) One business day after the subscriber requests revocation in writing, supplies to the issuing certification authority information reasonably sufficient to confirm the request, and pays any contractually required fee.

(7) Upon notification as required by subsection (5) of this section, a licensed certification authority is discharged of its warranties based on issuance of the revoked certificate and ceases to certify as provided in section 303(2) and (3) of this act in relation to the revoked certificate.

NEW SECTION. Sec. 308. EXPIRATION OF A CERTIFICATE. (1) A certificate must indicate the date on which it expires.

(2) When a certificate expires, the subscriber and certification authority cease to certify as provided in this chapter and the certification authority is discharged of its duties based on issuance, in relation to the expired certificate.

NEW SECTION. Sec. 309. RECOMMENDED RELIANCE LIMITS AND LIABILITY. (1) By specifying a recommended reliance limit in a certificate, the issuing certification authority and accepting subscriber recommend that persons rely on the certificate only to the extent that the total amount at risk does not exceed the recommended reliance limit.

(2) Unless a licensed certification authority waives application of this subsection, a licensed certification authority is:

(a) Not liable for a loss caused by reliance on a false or forged digital signature of a subscriber, if, with respect to the false or forged digital signature, the certification authority complied with all material requirements of this chapter;

(b) Not liable in excess of the amount specified in the certificate as its recommended reliance limit for either:

(i) A loss caused by reliance on a misrepresentation in the certificate of a fact that the licensed certification authority is required to confirm; or

(ii) Failure to comply with section 302 of this act in issuing the certificate;

(c) Liable only for direct compensatory damages in an action to recover a loss due to reliance on the certificate. Direct compensatory damages do not include:

(i) Punitive or exemplary damages. Nothing in this chapter may be interpreted to permit punitive or exemplary damages that would not otherwise be permitted by the law of this state;

(ii) Damages for lost profits or opportunity; or

(iii) Damages for pain or suffering.

NEW SECTION. Sec. 310. COLLECTION BASED ON SUITABLE GUARANTY. (1)(a) If the suitable guaranty is a surety bond, a person may recover from the surety the full amount of a qualified right to payment against the principal named in the bond, or, if there is more than one such qualified right to payment during the term of the bond, a ratable share, up to a maximum total liability of the surety equal to the amount of the bond.

(b) If the suitable guaranty is a letter of credit, a person may recover from the issuing financial institution only in accordance with the terms of the letter of credit.

Claimants may recover successively on the same suitable guaranty, provided that the total liability on the suitable guaranty to all persons making qualified rights of payment during its term must not exceed the amount of the suitable guaranty.

(2) In addition to recovering the amount of a qualified right to payment, a claimant may recover from the proceeds of the guaranty, until depleted, the attorneys' fees, reasonable in amount, and court costs incurred by the claimant in collecting the claim, provided that the total liability on the suitable guaranty to all persons making qualified rights of payment or recovering attorneys' fees during its term must not exceed the amount of the suitable guaranty.

(3) To recover a qualified right to payment against a surety or issuer of a suitable guaranty, the claimant must:

(a) File written notice of the claim with the secretary stating the name and address of the claimant, the amount claimed, and the grounds for the qualified right to payment, and any other information required by rule by the secretary; and

(b) Append to the notice a certified copy of the judgment on which the qualified right to payment is based.

Recovery of a qualified right to payment from the proceeds of the suitable guaranty is barred unless the claimant substantially complies with this subsection (3).

(4) Recovery of a qualified right to payment from the proceeds of a suitable guaranty are forever barred unless notice of the claim is filed as required in subsection (3)(a) of this section within three years after the occurrence of the violation of this chapter that is the basis for the claim. Notice under this subsection need not include the requirement imposed by subsection (3)(b) of this section.

PART IV. EFFECT OF A DIGITAL SIGNATURE

NEW SECTION. Sec. 401. SATISFACTION OF SIGNATURE REQUIREMENTS. Where a rule of law requires a signature, or provides for certain consequences in the absence of a signature, that rule is satisfied by a digital signature, if:

(1) No party affected by a digital signature objects to the use of digital signatures in lieu of a signature, and the objection may be evidenced by refusal to provide or accept a digital signature;

(2) That digital signature is verified by reference to the public key listed in a valid certificate issued by a licensed certification authority;

(3) That digital signature was affixed by the signer with the intention of signing the message, and after the signer has had an opportunity to review items being signed; and

(4) The recipient has no knowledge or notice that the signer either:

(a) Breached a duty as a subscriber; or

(b) Does not rightfully hold the private key used to affix the digital signature.

However, nothing in this chapter precludes a mark from being valid as a signature under other applicable law.

NEW SECTION. Sec. 402. UNRELIABLE DIGITAL SIGNATURES. Unless otherwise provided by law or contract, the recipient of a digital signature assumes the risk that a digital signature is forged, if reliance on the digital signature is not reasonable under the circumstances. If the recipient determines not to rely on a digital signature under this section, the recipient must promptly notify the signer of any determination not to rely on a digital signature and the grounds for that determination.

NEW SECTION. Sec. 403. DIGITALLY SIGNED DOCUMENT IS WRITTEN. A message is as valid, enforceable, and effective as if it had been written on paper, if it:

(1) Bears in its entirety a digital signature; and

(2) That digital signature is verified by the public key listed in a certificate that:

(a) Was issued by a licensed certification authority; and

(b) Was valid at the time the digital signature was created.

Nothing in this chapter shall be construed to eliminate, modify, or condition any other requirements for a contract to be valid, enforceable, and effective. No digital message shall be deemed to be an instrument under the provisions of Title 62A RCW unless all parties to the transaction agree.

NEW SECTION. Sec. 404. DIGITALLY SIGNED ORIGINALS. A copy of a digitally signed message is as effective, valid, and enforceable as the original of the message, unless it is evident that the signer designated an instance of the digitally signed message to be a unique original, in which case only that instance constitutes the valid, effective, and enforceable message.

NEW SECTION. Sec. 405. CERTIFICATE AS AN ACKNOWLEDGMENT. Unless otherwise provided by law or contract, a certificate issued by a licensed certification authority is an acknowledgment of a digital signature verified by reference to the public key listed in the certificate, regardless of whether words of an express acknowledgment appear with the digital signature and regardless of whether the signer physically appeared before the certification authority when the digital signature was created, if that digital signature is:

(1) Verifiable by that certificate; and

(2) Affixed when that certificate was valid.

NEW SECTION. Sec. 406. PRESUMPTIONS IN ADJUDICATING DISPUTES. In adjudicating a dispute involving a digital signature, a court of this state presumes that:

(1) A certificate digitally signed by a licensed certification authority and either published in a recognized repository, or made available by the issuing certification authority or by the subscriber listed in the certificate is issued by the certification authority that digitally signed it and is accepted by the subscriber listed in it.

(2) The information listed in a valid certificate and confirmed by a licensed certification authority issuing the certificate is accurate.

(3) If a digital signature is verified by the public key listed in a valid certificate issued by a licensed certification authority:

(a) That digital signature is the digital signature of the subscriber listed in that certificate;

(b) That digital signature was affixed by that subscriber with the intention of signing the message; and

(i) Breached a duty as a subscriber; or

(ii) Does not rightfully hold the private key used to affix the digital signature.

(4) A digital signature was created before it was time stamped by a disinterested person utilizing a trustworthy system.

PART V. REPOSITORIES

NEW SECTION. Sec. 501. RECOGNITION OF REPOSITORIES. (1) The secretary must recognize one or more repositories, after finding that a repository to be recognized:

(a) Is operated under the direction of a licensed certification authority;

(b) Includes a data base containing:

(i) Certificates published in the repository;

(ii) Notices of suspended or revoked certificates published by licensed certification authorities or other persons suspending or revoking certificates;

(iii) Certification authority disclosure records for licensed certification authorities;

(iv) All orders or advisory statements published by the secretary in regulating certification authorities; and

(v) Other information adopted by rule by the secretary;

(d) Contains no significant amount of information that is known or likely to be untrue, inaccurate, or not reasonably reliable;

(e) Contains certificates published by certification authorities that conform to legally binding requirements that the secretary finds to be substantially similar to, or more stringent toward the certification authorities, than those of this state;

(f) Keeps an archive of certificates that have been suspended or revoked, or that have expired, within at least the past three years; and

(g) Complies with other reasonable requirements adopted by rule by the secretary.

(2) A repository may apply to the secretary for recognition by filing a written request and providing evidence to the secretary sufficient for the secretary to find that the conditions for recognition are satisfied.

(3) A repository may discontinue its recognition by filing thirty days' written notice with the secretary. In addition the secretary may discontinue recognition of a repository in accordance with the administrative procedure act, chapter 34.05 RCW, if it concludes that the repository no longer satisfies the conditions for recognition listed in this section or in rules adopted by the secretary.

NEW SECTION. Sec. 502. LIABILITY OF REPOSITORIES. (1) Notwithstanding a disclaimer by the repository or a contract to the contrary between the repository, a certification authority, or a subscriber, a repository is liable for a loss incurred by a person reasonably relying on a digital signature verified by the public key listed in a suspended or revoked certificate, if loss was incurred more than one business day after receipt by the repository of a request to publish notice of the suspension or revocation, and the repository had failed to publish the notice when the person relied on the digital signature.

(2) Unless waived, a recognized repository or the owner or operator of a recognized repository is:

(a) Not liable for failure to record publication of a suspension or revocation, unless the repository has received notice of publication and one business day has elapsed since the notice was received;

(b) Not liable under subsection (1) of this section in excess of the amount specified in the certificate as the recommended reliance limit;

(i) Punitive or exemplary damages;

(ii) Damages for lost profits or opportunity; or

(iii) Damages for pain or suffering;

(d) Not liable for misrepresentation in a certificate published by a licensed certification authority;

(e) Not liable for accurately recording or reporting information that a licensed certification authority, or court clerk, or the secretary has published as required or permitted in this chapter, including information about suspension or revocation of a certificate;

(f) Not liable for reporting information about a certification authority, a certificate, or a subscriber, if the information is published as required or permitted in this chapter or a rule adopted by the secretary, or is published by order of the secretary in the performance of the licensing and regulatory duties of that office under this chapter.

PART VI. MISCELLANEOUS

NEW SECTION. Sec. 601. LEGISLATIVE DIRECTIVE. Sections 101 through 502, 603, and 604 of this act shall constitute a new chapter in Title 19 RCW.

NEW SECTION. Sec. 602. EFFECTIVE DATE. This act shall take effect January 1, 1998.

NEW SECTION. Sec. 603. RULE MAKING. The secretary of state may adopt rules to implement this chapter beginning July 1, 1996.

NEW SECTION. Sec. 604. SEVERABILITY. 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. 605. PART HEADINGS AND SECTION CAPTIONS. Part headings and section captions as used in this act do not constitute any part of the law."

Signed by Representatives Casada, Chairman; Crouse, Vice Chairman; Hankins, Vice Chairman; Patterson, Ranking Minority Member; Poulsen, Assistant Ranking Minority Member; Chandler; Kessler; Mastin and Mitchell.

Voting Yea: Representatives Casada, Hankins, Crouse, Kessler, Mastin, Mitchell and Poulsen.

Excused: Representatives Patterson and Chandler.

Passed to Committee on Rules for second reading.

February 22, 1996

SSB 6466 Prime Sponsor, Committee on Ecology & Parks: Allowing construction that has a minor impact on air quality to proceed without a notice of construction or review approval from the department of ecology. Reported by Committee on Agriculture & Ecology

MAJORITY recommendation: Do pass. Signed by Representatives Chandler, Chairman; Koster, Vice Chairman; Chappell, Ranking Minority Member; Linville, Assistant Ranking Minority Member; Boldt; Clements; Delvin; R. Fisher; Honeyford; Johnson; Mastin; Murray; Ogden; Regala; Robertson; Rust and Schoesler.

Voting Yea: Representatives Chandler, Koster, Chappell, Linville, Boldt, Clements, Delvin, R. Fisher, Honeyford, Johnson, Mastin, Murray, Ogden, Regala, Robertson, Rust and Schoesler.

Passed to Committee on Rules for second reading.

February 22, 1996

SB 6516 Prime Sponsor, McAuliffe: Changing the timelines for development and implementation of the student assessment system. Reported by Committee on Education