HJ 96 050

NOTICE: Formatting and page numbering in this document may be different

from that in the original published version.

FIFTIETH DAY

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MORNING SESSION

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House Chamber, Olympia, Monday, February 26, 1996

The House was called to order at 9:55 a.m. by the Speaker (Representative Horn presiding). The Clerk called the roll and a quorum was present.

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 fifth order of business.

REPORTS OF STANDING COMMITTEES

February 24, 1996

4SSB 5159 Prime Sponsor, Committee on Ways & Means: Creating the warm water game fish enhancement program. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A warm water game fish enhancement program is created in the department to be funded from the sale of a warm water game fish surcharge. The enhancement program shall be designed to increase the opportunities to fish for and catch warm water game fish including: Largemouth black bass, smallmouth black bass, channel catfish, black crappie, white crappie, walleye, and tiger musky. The program shall be designed to use a practical applied approach to increasing warm water fishing. The department shall use the funds available efficiently to assure the greatest increase in the fishing for warm water fish at the lowest cost. This approach shall involve the minimization of overhead and administrative costs and the maximization of productive in-the-field activities.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, as used in this chapter, "warm water game fish" includes the following species: Bass, channel catfish, walleye, crappie, and other species as defined by the department.

NEW SECTION. Sec. 3. (1) A warm water game fish surcharge allows a person to fish throughout the state for warm water game fish.

(2) The annual fee for a game fish surcharge is five dollars and the surcharge is required in addition to an annual game fishing license, except for those persons under fifteen years of age for which there is no charge. Holders of three-day resident fishing licenses, three-day nonresident fishing licenses, and nonresident annual fishing licenses shall pay a five-dollar surcharge to fish for warm water fish.

(3) The department shall use the most cost-effective format in designing and administering the warm water game fish surcharge.

(4) A warm water game fish surcharge shall only be required to fish for: Largemouth bass, smallmouth bass, walleye, black crappie, white crappie, channel catfish, and tiger musky.

NEW SECTION. Sec. 4. The goals of the warm water game fish enhancement program are to improve the fishing for warm water game fish using cost-effective management. Development of new ponds and lakes shall be an important and integral part of the program. The department shall work with the department of natural resources to coordinate the reclamation of surface mines and the development of warm water game fish ponds. Improvement of warm water fishing shall be coordinated with the protection and conservation of cold water fish populations. This shall be accomplished by carefully designing the warm water projects to have minimal adverse effects upon the cold water fish populations. New pond and lake development should have beneficial effects upon wildlife due to the increase in lacustrine and wetland habitat that will accompany the improvement of warm water fish habitat. The department shall not develop projects that will increase the populations of undesirable or deleterious fish species such as carp, squawfish, walking catfish, and others.

Fish culture programs shall be used in conditions where they will prove to be cost-effective, and may include the purchase of warm water fish from aquatic farmers defined in RCW 15.85.020. Consideration should be made for development of urban area enhancement of fishing opportunity for put-and-take species, such as channel catfish, that are amenable to production by low-cost fish culture methods. Fish culture shall also be used for stocking of high value species, such as walleye, smallmouth bass, and tiger musky. Introduction of special genetic strains that show high potential for recreational fishing improvement, including Florida strain largemouth bass and striped bass, shall be considered.

Transplantation and introduction of exotic warm water fish shall be carefully reviewed to assure that adverse effects to native fish and wildlife populations do not occur. This review shall include an analysis of consequences from disease and parasite introduction.

Population management through the use of fish toxicants, including rotenone or derris root, shall be an integral part of the warm water game fish enhancement program. However, any use of fish toxicants shall be subject to a thorough review to prevent adverse effects to cold water fish, desirable warm water fish, and other biota. Eradication of deleterious fish species shall be a goal of the program.

Habitat improvement shall be a major aspect of the warm water game fish enhancement program. Habitat improvement opportunities shall be defined with scientific investigations, field surveys, and by using the extensive experience of other state management entities. Installation of cover, structure, water flow control structures, screens, spawning substrate, vegetation control, and other management techniques shall be fully used. The department shall work to gain access to privately owned waters that can be developed with habitat improvements to improve the warm water resource for public fishing. Habitat improvements shall be conducted in such a manner as to have secondary benefits to waterfowl, other wildlife, and cold water fish.

The department shall use the resources of cooperative groups to assist in the planning and implementation of the warm water game fish enhancement program. In the development of the program the department shall actively involve the organized fishing clubs that primarily fish for warm water fish. The warm water fish enhancement program shall be cooperative between the department and private landowners; private landowners shall not be required to alter the uses of their private property to fulfill the purposes of the warm water fish enhancement program. The director shall not impose restrictions on the use of private property, or take private property, for the purpose of the warm water fish enhancement program.

NEW SECTION. Sec. 5. The warm water game fish account is hereby created in the state wildlife fund. Moneys in the account are subject to legislative appropriation and shall be used for the purpose of funding the warm water game fish enhancement program, including the development of warm water pond and lake habitat, culture of warm water game fish, improvement of warm water fish habitat, management of warm water fish populations, and other practical activities that will improve the fishing for warm water fish. Funds from the warm water game fish surcharge shall not serve as replacement funding for department-operated warm water fish projects existing on December 31, 1994. Funds from the warm water game fish account shall not be used for the operation or construction of the warm water fish culture project at Ringold unless specifically authorized by legislation.

Funds from the sale of the warm water game fish surcharges shall be deposited in the warm water game fish account, except that the first two hundred thousand dollars collected shall be deposited into the general fund before June 30, 1997.

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. The department of fish and wildlife shall provide to the natural resource committees of the legislature an operational and management plan for the Ringold warm water fish culture project on or before December 31, 1996.

NEW SECTION. Sec. 8. Sections 1 through 5 of this act shall constitute a new chapter in Title 77 RCW.

NEW SECTION. Sec. 9. (1) Sections 1, 2, and 4 through 7 of this act shall take effect July 1, 1996.

(2) Section 3 of this act shall take effect January 1, 1997."

Correct the title accordingly.

Signed by Representatives Huff, Chairman; Clements, Vice Chairman; Pelesky, Vice Chairman; H. Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Brumsickle; Carlson; Cooke; Crouse; Dyer; Foreman; Grant; Hickel; Kessler; Lambert; Linville; McMorris; Poulsen; Reams; Rust; Sehlin; Sheahan; Silver; Smith; Talcott and Wolfe.

Voting Yea: Representatives Huff, Pelesky, Clements, H. Sommers, Valle, Brumsickle, Carlson, Cooke, Crouse, Dyer, Foreman, Grant, Hickel, Jacobsen, Kessler, Lambert, Linville, McMorris, Poulsen, Reams, Rust, Sehlin, Sheahan, Silver, Smith, Talcott and Wolfe.

Excused: Representatives Basich, Beeksma, Chappell, Dellwo and Jacobsen.

Passed to Committee on Rules for second reading.

February 24, 1996

E2SSB 5375 Prime Sponsor, Committee on Law & Justice: Suspending various licenses for failure to pay child support. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass as amended by Committee on Appropriations and without amendment by Committee on Law & Justice with the following amendment:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature recognizes that the current statutory procedures for the collection of child support do not apply to all persons owing child support. In order to further insure that child support obligations are met, this act establishes a program by which certain licenses may be suspended, not issued, or not renewed if a person is one hundred eighty days or more in arrears on child support payments. With this program, it is the intent of the legislature to provide a strong incentive for persons owing support to make timely payments, and to cooperate with the department of social and health services to establish an appropriate schedule for the payment of any arrears. In addition, the legislature finds that disputes over child visitation comprises an often-cited reason why child support is unpaid. It is the intent of the legislature to include custodial parents who deny visitation as persons subject to license suspension, nonrenewal, and denial.

In the implementation and management of this program, it is the legislature's intent that the objective of the department of social and health services be to obtain payment in full of arrears, or where that is not possible, to enter into agreements with delinquent obligors to make timely support payments and make reasonable payments towards the arrears. The legislature intends that if the obligor refuses to cooperate in establishing a fair and reasonable payment schedule for arrears, or if such payment schedule would cause a substantial hardship, or refuses to make timely support payments, the department shall proceed with certification to a licensing entity or the department of licensing that the person is not in compliance with a child support order.

NEW SECTION. Sec. 2. A new section is added to chapter 74.20A RCW to read as follows:

(1) As used in this section, unless the context indicates otherwise, the following terms have the following meanings.

(a) "Licensing entity" includes any department, board, commission, or other organization of the state authorized to issue, renew, suspend, or revoke a license authorizing an individual to engage in a business, occupation, profession, industry, or the operation of a motor vehicle, and includes the Washington state supreme court, to the extent that a rule has been adopted by the court to implement suspension of licenses related to the practice of law.

(b) "Noncompliance with a child support order" means a responsible parent has:

(i) Accumulated arrears totaling more than six months of child support payments;

(ii) Failed to make payments pursuant to a written agreement with the department towards a support arrearage in an amount that exceeds six months of payments; or

(iii) Failed to make payments required by a superior court order or administrative order towards a support arrearage in an amount that exceeds six months of payments.

(c) "License" means a license, certificate, registration, permit, approval, or other similar document issued by a licensing entity evidencing admission to or granting authority to engage in a profession, occupation, business, industry, or the operation of a motor vehicle.

(d) "Licensee" means any individual holding a license, certificate, registration, permit, approval, or other similar document issued by a licensing entity evidencing admission to or granting authority to engage in a profession, occupation, business, industry, or the operation of a motor vehicle.

(2) The department may serve upon a responsible parent a notice informing the responsible parent of the department's intent to submit the parent's name to the department of licensing and any appropriate licensing entity as a licensee who is not in compliance with a child support order. The department shall attach a copy of the responsible parent's child support order to the notice. Service of the notice must be by certified mail, return receipt requested. If, after seven mailing days, the department does not receive a return receipt, service shall be by personal service.

(3) Before issuing a notice of noncompliance with a support order under this section, the department shall employ other support enforcement mechanisms for at least two months and for as long as the department is receiving funds in an amount sufficient to ensure the payment of current support and a reasonable amount towards the support debt.

(4) The notice of noncompliance must include the address and telephone number of the department's division of child support office that issues the notice and must inform the responsible parent that:

(a) The parent may request an adjudicative proceeding to contest the issue of compliance. The only issues that may be considered at the adjudicative proceeding are whether the parent is required to pay child support under a child support order, whether the parent is in compliance with that order, and whether the responsible parent has shown that suspension or not issuing or not renewing a license would create a substantial hardship to the responsible parent, to the responsible parent's employees, to legal dependents residing in the responsible parent's household, or to persons, businesses, or other entities served by the responsible parent;

(b) A request for an adjudicative proceeding shall be in writing and must be received by the department within twenty days of the date of service of the notice;

(c) If the parent requests an adjudicative proceeding within twenty days of service, the department will stay action to certify the parent to the department of licensing and any licensing entity for noncompliance with a child support order pending entry of a written decision after the adjudicative proceeding;

(d) If the parent does not request an adjudicative proceeding within twenty days of service and remains in noncompliance with a child support order, the department will certify the parent's name to the department of licensing and any appropriate licensing entity for noncompliance with a child support order;

(e) The department will stay action to certify the parent to the department of licensing and any licensing entity for noncompliance if the parent agrees to make timely payments of current support and agrees to a reasonable payment schedule for payment of the arrears. It is the parent's responsibility to contact in person or by mail the department's division of child support office indicated on the notice within twenty days of service of the notice to arrange for a payment schedule. The department may stay certification for up to thirty days after contact from a parent to arrange for a payment schedule;

(f) If the department certifies the responsible parent to the department of licensing and a licensing entity for noncompliance with a child support order, the licensing entity will suspend, not renew, or not issue the parent's license and the department of licensing will suspend, not renew, or not issue any driver's license that the parent holds until the parent provides the department of licensing and the licensing entity with a written release from the department stating that the responsible parent is in compliance with the child support order;

(g) Suspension of a license will affect insurability if the responsible parent's insurance policy excludes coverage for acts occurring after the suspension of a license;

(h) If after receiving the notice of noncompliance with a child support order, the responsible parent files a motion to modify support with the court or requests the department to amend a support obligation established by an administrative decision, the department or the court shall, for up to one hundred eighty days, stay action to certify the parent to the department of licensing and any licensing entity for noncompliance with a child support order. If a motion for modification of a court or administrative order for child support is pending prior to service of the notice, any action to certify the parent to a licensing entity for noncompliance with a child support order shall be automatically stayed until entry of a final order or decision in the modification proceedings. The responsible parent has the obligation to notify the department that a modification proceeding is pending and provide a copy of the motion or request for modification; and

(i) If the responsible parent subsequently becomes in compliance with the child support order, the department will promptly provide the parent with a written release stating that the parent is in compliance with the order, and the parent may request that the licensing entity or the department of licensing reinstate the suspended license.

(5) A responsible parent may request an adjudicative proceeding upon service of the notice described in subsection (2) of this section. The request for an adjudicative proceeding must be received by the department within twenty days of service. The request must be in writing and indicate the current mailing address and daytime phone number, if available, of the responsible parent. The proceedings under this subsection shall be conducted in accordance with the requirements of chapter 34.05 RCW. The issues that may be considered at the adjudicative proceeding are limited to whether the responsible parent is required to pay child support under a child support order, whether the responsible parent is in compliance with the order, and whether the responsible parent has shown that suspension or not issuing or not renewing a license would create a significant hardship to the responsible parent, to the responsible parent's employees, to legal dependents residing in the responsible parent's household, or to persons, businesses, or other entities served by the responsible parent.

(6) The decision resulting from the adjudicative proceeding must be in writing and inform the responsible parent of all rights to review. The parent's copy of the decision may be sent by regular mail to the parent's most recent address of record.

(7) If a responsible parent contacts the department's division of child support office indicated on the notice of noncompliance within twenty days of service of the notice and requests arrangement of a payment schedule, the department shall stay the certification of noncompliance during negotiation of the schedule for payment of arrears. In no event shall the stay continue for more than thirty days from the date of contact by the parent. The department shall establish a schedule for payment of arrears that is fair and reasonable, and that considers the financial situation of the responsible parent and whether the schedule for payment would create a significant hardship to the responsible parent, to the responsible parent's employees, to legal dependents residing in the responsible parent's household, or to persons, businesses, or other entities served by the responsible parent. At the end of the thirty days, if no payment schedule has been agreed to in writing, the responsible parent may file an application for an adjudicative hearing to determine a schedule for the payment of arrearages. The presiding officer shall apply the standards specified in this section to determine an appropriate arrearages payment schedule. The responsible parent may petition the superior court for a review of the administrative order establishing the arrearages payment schedule. The judicial review of the administrative hearing shall be de novo and the court shall apply the standards specified in this section in determining the appropriate arrearages payment schedule.

(8) If a responsible parent timely requests an adjudicative proceeding to contest the issue of compliance, the department may not certify the name of the parent to the department of licensing or a licensing entity for noncompliance with a child support order unless the adjudicative proceeding results in a finding that the responsible parent is not in compliance with the order.

(9) The department may certify in writing to the department of licensing and any appropriate licensing entity the name of a responsible parent who is not in compliance with a child support order if:

(a) The responsible parent does not timely request an adjudicative proceeding upon service of a notice issued under subsection (2) of this section and is not in compliance with a child support order twenty-one days after service of the notice;

(b) An adjudicative proceeding results in a decision that the responsible parent is not in compliance with a child support order; or

(c) The court enters a judgment on a petition for judicial review that finds the responsible parent is not in compliance with a child support order.

The department shall send by certified mail, return receipt requested a copy of any certification of noncompliance filed with the department of licensing or a licensing entity to the responsible parent at the responsible parent's most recent address of record.

(10) The department of licensing and a licensing entity shall notify a responsible parent certified by the department under subsection (9) of this section, without undue delay, that the parent's driver's license or other license has been suspended because the parent's name has been certified by the department as a responsible parent who is not in compliance with a child support order.

(11) When a responsible parent who is served notice under subsection (2) of this section subsequently complies with the child support order, the department shall promptly provide the parent with a written release stating that the responsible parent is in compliance with the order.

(12) The department may adopt rules to implement and enforce the requirements of this section.

(13) Nothing in this section prohibits a responsible parent from filing a motion to modify support with the court or from requesting the department to amend a support obligation established by an administrative decision. If there is a reasonable likelihood that the motion or request will significantly change the amount of the child support obligation, the department or the court may, for up to one hundred eighty days, stay action to certify the responsible parent to the department of licensing and any licensing entity for noncompliance with a child support order. If a motion for modification of a court or administrative order for child support is pending prior to service of the notice, any action to certify the parent to a licensing entity for noncompliance with a child support order shall be automatically stayed until entry of a final order or decision in the modification proceedings. The responsible parent has the obligation to notify the department that a modification proceeding is pending and provide a copy of the motion or request for modification.

(14) The department of licensing and a licensing entity may issue, renew, reinstate, or otherwise extend a license in accordance with the licensing entity's or the department of licensing's rules after the licensing entity or the department of licensing receives a copy of the written release specified in subsection (11) of this section. The department of licensing and a licensing entity may waive any applicable requirement for reissuance, renewal, or other extension if it determines that the imposition of that requirement places an undue burden on the person and that waiver of the requirement is consistent with the public interest.

(15) Consistent with the intent of chapter . . ., Laws of 1996 (this act), the department shall develop rules and procedures for implementing the requirements of this section and applying the standards provided in this section. The department shall deliver a copy of these rules and procedures to the appropriate committees of the senate and the house of representatives no later than June 30, 1997.

NEW SECTION. Sec. 3. A new section is added to chapter 74.20A RCW to read as follows:

(1) The department of social and health services and all of the various licensing entities subject to section 2 of this act shall enter into such agreements as are necessary to carry out the requirements of the license suspension program established in section 2 of this act, but only to the extent the departments and the licensing entities determine it is cost-effective.

(2) On or before January 1, 1997, and quarterly thereafter, the department of social and health services and all licensing entities subject to section 2 of this act shall perform a comparison of responsible parents who are not in compliance with a child support order, as defined in section 2 of this act, with all licensees subject to chapter . . ., Laws of 1996 (this act). The comparison may be conducted electronically, or by any other means that is jointly agreeable between the department and the particular licensing entity. The data shared shall be limited to those items necessary to implementation of chapter . . ., Laws of 1996 (this act). The purpose of the comparison shall be to identify current licensees who are not in compliance with a child support order, and to provide to the department of social and health services the following information regarding those licensees:

(a) Name;

(b) Date of birth;

(d) Federal employer identification number or social security number;

(e) Type of license;

(f) Effective date of license or renewal;

(g) Expiration date of license; and

(h) Active or inactive status.

NEW SECTION. Sec. 4. A new section is added to chapter 74.20A RCW to read as follows:

In furtherance of the public policy of increasing collection of child support and to assist in evaluation of the program established in section 2 of this act, the department shall report the following to the legislature and the governor on December 1, 1997, and annually thereafter:

(1) The number of responsible parents identified as licensees subject to section 2 of this act;

(2) The number of responsible parents identified by the department as not in compliance with a child support order;

(3) The number of notices of noncompliance served upon responsible parents by the department;

(4) The number of responsible parents served a notice of noncompliance who request an adjudicative proceeding;

(5) The number of adjudicative proceedings held, and the results of the adjudicative proceedings;

(6) The number of responsible parents certified to the department of licensing or licensing entities for noncompliance with a child support order, and the type of license the parents held;

(7) The costs incurred in the implementation and enforcement of section 2 of this act and an estimate of the amount of child support collected due to the departments under section 2 of this act;

(8) Any other information regarding this program that the department feels will assist in evaluation of the program;

(9) Recommendations for the addition of specific licenses in the program or exclusion of specific licenses from the program, and reasons for such recommendations; and

(10) Any recommendations for statutory changes necessary for the cost-effective management of the program.

Sec. 5. RCW 46.20.291 and 1993 c 501 s 4 are each amended to read as follows:

The department is authorized to suspend the license of a driver upon a showing by its records or other sufficient evidence that the licensee:

(1) Has committed an offense for which mandatory revocation or suspension of license is provided by law;

(2) Has, by reckless or unlawful operation of a motor vehicle, caused or contributed to an accident resulting in death or injury to any person or serious property damage;

(3) Has been convicted of offenses against traffic regulations governing the movement of vehicles, or found to have committed traffic infractions, with such frequency as to indicate a disrespect for traffic laws or a disregard for the safety of other persons on the highways;

(4) Is incompetent to drive a motor vehicle under RCW 46.20.031(3); ((or))

(5) Has failed to respond to a notice of traffic infraction, failed to appear at a requested hearing, violated a written promise to appear in court, or has failed to comply with the terms of a notice of traffic infraction or citation, as provided in RCW 46.20.289; ((or))

(6) Has committed one of the prohibited practices relating to drivers' licenses defined in RCW 46.20.336; or

(7) Has been certified by the department of social and health services as a person who is not in compliance with a child support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act.

Sec. 6. RCW 46.20.311 and 1995 c 332 s 11 are each amended to read as follows:

(1) The department shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a fixed period of more than one year, except as specifically permitted under RCW 46.20.342 or other provision of law. Except for a suspension under RCW 46.20.289 and 46.20.291(5), whenever the license or driving privilege of any person is suspended by reason of a conviction, a finding that a traffic infraction has been committed, pursuant to chapter 46.29 RCW, or pursuant to RCW 46.20.291 or 46.20.308, the suspension shall remain in effect until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reinstatement until enrollment and participation in an approved program has been established and the person is otherwise qualified. Whenever the license or driving privilege of any person is suspended as a result of certification of noncompliance with a child support order under chapter 74.20A RCW or a residential or visitation order as provided in section 107 of this act, the suspension shall remain in effect until the person provides a written release issued by the department of social and health services or a court stating that the person is in compliance with the order. The department shall not issue to the person a new, duplicate, or renewal license until the person pays a reissue fee of twenty dollars. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, or is the result of administrative action under RCW 46.20.308, the reissue fee shall be fifty dollars.

(2) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked, unless the revocation was for a cause which has been removed, is not entitled to have the license or privilege renewed or restored until: (a) After the expiration of one year from the date the license or privilege to drive was revoked; (b) after the expiration of the applicable revocation period provided by RCW 46.20.3101 or 46.61.5055; (c) after the expiration of two years for persons convicted of vehicular homicide; or (d) after the expiration of the applicable revocation period provided by RCW 46.20.265. After the expiration of the appropriate period, the person may make application for a new license as provided by law together with a reissue fee in the amount of twenty dollars, but if the revocation is the result of a violation of RCW 46.20.308, 46.61.502, or 46.61.504, the reissue fee shall be fifty dollars. If the revocation is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reissuance of a license, permit, or privilege to drive until enrollment and participation in an approved program has been established and the person is otherwise qualified. Except for a revocation under RCW 46.20.265, the department shall not then issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant the privilege of driving a motor vehicle on the public highways, and until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. For a revocation under RCW 46.20.265, the department shall not issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant that person the privilege of driving a motor vehicle on the public highways.

(3) Whenever the driver's license of any person is suspended pursuant to Article IV of the nonresident violators compact or RCW 46.23.020 or 46.20.289 or 46.20.291(5), the department shall not issue to the person any new or renewal license until the person pays a reissue fee of twenty dollars. If the suspension is the result of a violation of the laws of this or any other state, province, or other jurisdiction involving (a) the operation or physical control of a motor vehicle upon the public highways while under the influence of intoxicating liquor or drugs, or (b) the refusal to submit to a chemical test of the driver's blood alcohol content, the reissue fee shall be fifty dollars.

NEW SECTION. Sec. 7. A new section is added to chapter 48.22 RCW to read as follows:

A motor vehicle liability insurance policy that contains any provision excluding insurance coverage for an unlicensed driver shall not apply for ninety days from the date of suspension in the event that the department of licensing suspends a driver's license solely for the nonpayment of child support as provided in chapter 74.20A RCW or for noncompliance with a residential or visitation order as provided in chapter 26.09 RCW.

NEW SECTION. Sec. 8. ATTORNEYS. The legislature intends that the license suspension program established in chapter 74.20A RCW be implemented fairly to ensure that child support obligations are met. However, being mindful of the separations of powers and responsibilities among the branches of government, the legislature strongly encourages the state supreme court to adopt rules providing for suspension and denial of licenses related to the practice of law to those individuals who are in noncompliance with a support order.

NEW SECTION. Sec. 9. A new section is added to chapter 2.48 RCW to read as follows:

ATTORNEYS. The Washington state supreme court may provide by rule that no person who has been certified by the department of social and health services as a person who is in noncompliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be admitted to the practice of law in this state, and that any member of the Washington state bar association who has been certified by the department of social and health services as a person who is in noncompliance with a support order as provided in section 2 of this act or by a court as in noncompliance with a residential or visitation order under section 107 of this act shall be immediately suspended from membership. The court's rules may provide for review of an application for admission or reinstatement of membership after the department of social and health services or a court has issued a written release stating that the person is in compliance with the order.

NEW SECTION. Sec. 10. A new section is added to chapter 18.04 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a certificate of "certified public accountant." The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate under this chapter after the person provides the board a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The board shall immediately suspend the certificate or license of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the board's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

Sec. 11. RCW 18.04.335 and 1992 c 103 s 13 are each amended to read as follows:

(1) Upon application in writing and after hearing pursuant to notice, the board may:

(((1))) (a) Modify the suspension of, or reissue a certificate or license to, an individual whose certificate has been revoked or suspended; or

(((2))) (b) Modify the suspension of, or reissue a license to a firm whose license has been revoked, suspended, or which the board has refused to renew.

(2) In the case of suspension for failure to comply with a support order under chapter 74.20A RCW, or a residential or visitation order as provided in section 107 of this act if the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of a certificate or license shall be automatic upon the board's receipt of a written release issued by the department of social and health services or a court stating that the individual is in compliance with the order.

Sec. 12. RCW 18.08.350 and 1993 c 475 s 1 are each amended to read as follows:

(1) Except as provided in section 14 of this act, a certificate of registration shall be granted by the director to all qualified applicants who are certified by the board as having passed the required examination and as having given satisfactory proof of completion of the required experience.

(2) Applications for examination shall be filed as the board prescribes by rule. The application and examination fees shall be determined by the director under RCW 43.24.086.

(3) An applicant for registration as an architect shall be of a good moral character, at least eighteen years of age, and shall possess any of the following qualifications:

(a) Have an accredited architectural degree and three years' practical architectural work experience approved by the board, which may include designing buildings as a principal activity. At least two years' work experience must be supervised by an architect with detailed professional knowledge of the work of the applicant;

(b) Have eight years' practical architectural work experience approved by the board. Each year spent in an accredited architectural program approved by the board shall be considered one year of practical experience. At least four years' practical work experience shall be under the direct supervision of an architect; or

(c) Be a person who has been designing buildings as a principal activity for eight years, or has an equivalent combination of education and experience, but who was not registered under chapter 323, Laws of 1959, as amended, as it existed before July 28, 1992, provided that application is made within four years after July 28, 1992. Nothing in this chapter prevents such a person from designing buildings for four years after July 28, 1992, or the five-year period allowed for completion of the examination process, after that person has applied for registration. A person who has been designing buildings and is qualified under this subsection shall, upon application to the board of registration for architects, be allowed to take the examination for architect registration on an equal basis with other applicants.

Sec. 13. RCW 18.08.350 and 1993 c 475 s 2 are each amended to read as follows:

(2) Applications for examination shall be filed as the board prescribes by rule. The application and examination fees shall be determined by the director under RCW 43.24.086.

(3) An applicant for registration as an architect shall be of a good moral character, at least eighteen years of age, and shall possess any of the following qualifications:

NEW SECTION. Sec. 14. A new section is added to chapter 18.08 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a certificate of registration under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate of registration under this chapter after the person provides the board a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The board shall immediately suspend the certificate of registration or certificate of authorization to practice architecture of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet other requirements for reinstatement during the suspension, reissuance of the certificate shall be automatic upon the board's receipt of a written release issued by the department of social and health services or a court stating that the individual is in compliance with the order.

Sec. 15. RCW 18.11.160 and 1986 c 324 s 12 are each amended to read as follows:

(1) No license shall be issued by the department to any person who has been convicted of forgery, embezzlement, obtaining money under false pretenses, extortion, criminal conspiracy, fraud, theft, receiving stolen goods, unlawful issuance of checks or drafts, or other similar offense, or to any partnership of which the person is a member, or to any association or corporation of which the person is an officer or in which as a stockholder the person has or exercises a controlling interest either directly or indirectly.

(2) No license may be issued by the department to any person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the board a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(3) The following shall be grounds for denial, suspension, or revocation of a license, or imposition of an administrative fine by the department:

(a) Misrepresentation or concealment of material facts in obtaining a license;

(b) Underreporting to the department of sales figures so that the auctioneer or auction company surety bond is in a lower amount than required by law;

(d) Misleading or false advertising;

(e) A pattern of substantial misrepresentations related to auctioneering or auction company business;

(f) Failure to cooperate with the department in any investigation or disciplinary action;

(g) Nonpayment of an administrative fine prior to renewal of a license;

(h) Aiding an unlicensed person to practice as an auctioneer or as an auction company; and

(i) Any other violations of this chapter.

(4) The department shall immediately suspend the license of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

Sec. 16. RCW 18.16.100 and 1991 c 324 s 6 are each amended to read as follows:

(1) Upon payment of the proper fee, except as provided in section 17 of this act the director shall issue the appropriate license to any person who:

(a) Is at least seventeen years of age or older;

(b) Has completed and graduated from a course approved by the director of sixteen hundred hours of training in cosmetology, one thousand hours of training in barbering, five hundred hours of training in manicuring, five hundred hours of training in esthetics, and/or five hundred hours of training as an instructor-trainee; and

(2) A person currently licensed under this chapter may qualify for examination and licensure, after the required examination is passed, in another category if he or she has completed the crossover training course approved by the director.

(3) Upon payment of the proper fee, the director shall issue a salon/shop license to the operator of a salon/shop if the salon/shop meets the other requirements of this chapter as demonstrated by information submitted by the operator.

(4) The director may consult with the state board of health and the department of labor and industries in establishing training and examination requirements.

NEW SECTION. Sec. 17. A new section is added to chapter 18.16 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the department a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The department shall immediately suspend the license of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

NEW SECTION. Sec. 18. A new section is added to chapter 18.20 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the department a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 19. RCW 18.27.030 and 1992 c 217 s 1 are each amended to read as follows:

(1) An applicant for registration as a contractor shall submit an application under oath upon a form to be prescribed by the director and which shall include the following information pertaining to the applicant:

(a) Employer social security number.

(b) As applicable: (i) The industrial insurance account number covering employees domiciled in Washington; and (ii) evidence of workers' compensation coverage in the applicant's state of domicile for the applicant's employees working in Washington who are not domiciled in Washington.

(d) State excise tax registration number.

(e) Unified business identifier (UBI) account number may be substituted for the information required by (b), (c), and (d) of this subsection.

(f) Type of contracting activity, whether a general or a specialty contractor and if the latter, the type of specialty.

(g) The name and address of each partner if the applicant be a firm or partnership, or the name and address of the owner if the applicant be an individual proprietorship, or the name and address of the corporate officers and statutory agent, if any, if the applicant be a corporation. The information contained in such application shall be a matter of public record and open to public inspection.

(2) The department may verify the workers' compensation coverage information provided by the applicant under subsection (1)(b) of this section, including but not limited to information regarding the coverage of an individual employee of the applicant. If coverage is provided under the laws of another state, the department may notify the other state that the applicant is employing employees in Washington.

(3) Registration shall be denied if the applicant has been previously registered as a sole proprietor, partnership or corporation, and was a principal or officer of the corporation, and if the applicant has an unsatisfied final judgment in an action based on RCW 18.27.040 that incurred during a previous registration under this chapter.

(4) Registration shall be denied if the applicant has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act. The application of a person so certified by the department of social and health services or by a court may be reviewed and the person may be registered under this chapter if the person provides the department a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 20. RCW 18.27.060 and 1983 1st ex.s. c 2 s 19 are each amended to read as follows:

(1) A certificate of registration shall be valid for one year and shall be renewed on or before the expiration date. The department shall issue to the applicant a certificate of registration upon compliance with the registration requirements of this chapter.

(2) If the department approves an application, it shall issue a certificate of registration to the applicant. The certificate shall be valid for:

(a) One year;

(b) Until the bond expires; or

(c) Until the insurance expires, whichever comes first. The department shall place the expiration date on the certificate.

(3) A contractor may supply a short-term bond or insurance policy to bring its registration period to the full one year.

(4) If a contractor's surety bond or other security has an unsatisfied judgment against it or is canceled, or if the contractor's insurance policy is canceled, the contractor's registration shall be automatically suspended on the effective date of the impairment or cancellation. The department shall give notice of the suspension to the contractor.

(5) The department shall immediately suspend the certificate of registration of a contractor who has been certified by the department of social and health services as a person who either (a) is not in compliance with a support order as provided in section 2 of this act, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. The certificate of registration shall not be reissued or renewed unless the person provides to the department a written release from the department of social and health services or a court stating that he or she is in compliance with the order and the person has continued to meet all other requirements for certification during the suspension.

Sec. 21. RCW 18.28.060 and 1979 c 156 s 3 are each amended to read as follows:

Except as provided in section 22 of this act, the director shall issue a license to an applicant if the following requirements are met:

(1) The application is complete and the applicant has complied with RCW 18.28.030.

(2) Neither an individual applicant, nor any of the applicant's members if the applicant is a partnership or association, nor any of the applicant's officers or directors if the applicant is a corporation: (a) Has ever been convicted of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any other like offense, or has been disbarred from the practice of law; (b) has participated in a violation of this chapter or of any valid rules, orders or decisions of the director promulgated under this chapter; (c) has had a license to engage in the business of debt adjusting revoked or removed for any reason other than for failure to pay licensing fees in this or any other state; or (d) is an employee or owner of a collection agency, or process serving business.

(3) An individual applicant is at least eighteen years of age.

(4) An applicant which is a partnership, corporation, or association is authorized to do business in this state.

(5) An individual applicant for an original license as a debt adjuster has passed an examination administered by the director, which examination may be oral or written, or partly oral and partly written, and shall be practical in nature and sufficiently thorough to ascertain the applicant's fitness. Questions on bookkeeping, credit adjusting, business ethics, agency, contracts, debtor and creditor relationships, trust funds and the provisions of this chapter shall be included in the examination. No applicant may use any books or other similar aids while taking the examination, and no applicant may take the examination more than three times in any twelve month period.

NEW SECTION. Sec. 22. A new section is added to chapter 18.28 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 23. RCW 18.39.181 and 1986 c 259 s 65 are each amended to read as follows:

The director shall have the following powers and duties:

(1) To issue all licenses provided for under this chapter;

(2) To annually renew licenses under this chapter;

(3) To collect all fees prescribed and required under this chapter; ((and))

(4) To deny issuing or immediately suspend the license of a person who has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order; and

(5) To keep general books of record of all official acts, proceedings, and transactions of the department of licensing while acting under this chapter.

NEW SECTION. Sec. 24. A new section is added to chapter 18.39 RCW to read as follows:

(1) In the case of a person who has been denied the issuance of a license under this chapter because the person was certified either (a) by the department of social and health services as a person who is not in compliance with section 2 of this act or (b) by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act, the application of that person may be reviewed by the director for issuance of a license after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) In the case of suspension for failure to comply with a support order under chapter 74.20A RCW or a residential or visitation order under chapter 26.09 RCW, if the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of a license shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the individual is in compliance with the order.

NEW SECTION. Sec. 25. A new section is added to chapter 18.43 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a certificate of registration under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate of registration under this chapter after the person provides the board a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The board shall immediately suspend the registration of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for membership during the suspension, reissuance of the certificate of registration shall be automatic upon the board's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

NEW SECTION. Sec. 26. A new section is added to chapter 18.44 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a certificate of registration under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate of registration under this chapter after the person provides the department a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The department shall immediately suspend the certificate of registration of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 27. RCW 18.46.050 and 1991 c 3 s 101 are each amended to read as follows:

(1) The department may deny, suspend, or revoke a license in any case in which it finds that there has been failure or refusal to comply with the requirements established under this chapter or the rules adopted under it.

(2) The department shall deny a license in any case where the applicant has been certified under section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the department a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(3) The department shall immediately suspend the license of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

RCW 43.70.115 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding.

Sec. 28. RCW 18.51.054 and 1989 c 372 s 7 are each amended to read as follows:

The department may deny a license to any applicant if the department finds that the applicant or any partner, officer, director, managerial employee, or owner of five percent or more of the applicant:

(1) Operated a nursing home without a license or under a revoked or suspended license; or

(2) Knowingly or with reason to know made a false statement of a material fact (a) in an application for license or any data attached thereto, or (b) in any matter under investigation by the department; or

(3) Refused to allow representatives or agents of the department to inspect (a) all books, records, and files required to be maintained or (b) any portion of the premises of the nursing home; or

(4) Willfully prevented, interfered with, or attempted to impede in any way (a) the work of any authorized representative of the department or (b) the lawful enforcement of any provision of this chapter or chapter 74.42 RCW; or

(5) Has a history of significant noncompliance with federal or state regulations in providing nursing home care. In deciding whether to deny a license under this section, the factors the department considers shall include the gravity and frequency of the noncompliance; or

(6) Has been certified pursuant to section 2 of this act by the department of social and health services, division of child support, as a person who is not in compliance with a support order, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the department a written release issued by the department of social and health services, division of child support, or a court stating that the person is in compliance with the order.

NEW SECTION. Sec. 29. A new section is added to chapter 18.51 RCW to read as follows:

The department shall immediately suspend the license of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services, division of support, as a person who is not in compliance with a child support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the division of child support or a court stating that the person is in compliance with the order.

NEW SECTION. Sec. 30. A new section is added to chapter 18.76 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate under this chapter after the person provides the department a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The department shall immediately suspend the certification of a poison center medical director or a poison information specialist who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certification shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

NEW SECTION. Sec. 31. A new section is added to chapter 18.85 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a broker's or salesperson's license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The director shall immediately suspend the license of a broker or salesperson who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

NEW SECTION. Sec. 32. A new section is added to chapter 18.96 RCW to read as follows:

No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a certificate of registration under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate under this chapter after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 33. RCW 18.96.120 and 1969 ex.s. c 158 s 12 are each amended to read as follows:

(1) The director may refuse to renew, or may suspend or revoke, a certificate of registration to use the titles landscape architect, landscape architecture, or landscape architectural in this state upon the following grounds:

(((1))) (a) The holder of the certificate of registration is impersonating a practitioner or former practitioner.

(((2))) (b) The holder of the certificate of registration is guilty of fraud, deceit, gross negligence, gross incompetency or gross misconduct in the practice of landscape architecture.

(((3))) (c) The holder of the certificate of registration permits his seal to be affixed to any plans, specifications or drawings that were not prepared by him or under his personal supervision by employees subject to his direction and control.

(((4))) (d) The holder of the certificate has committed fraud in applying for or obtaining a certificate.

(2) The director shall immediately suspend the certificate of registration of a landscape architect who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate of registration shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 34. RCW 18.96.150 and 1993 c 35 s 6 are each amended to read as follows:

Except as provided in section 32 of this act, the director shall issue a certificate of registration upon payment of the registration fee as provided in this chapter to any applicant who has satisfactorily met all requirements for registration. All certificates of registration shall show the full name of the registrant, shall have a serial number and shall be signed by the chairman and the executive secretary of the board, and by the director.

Each registrant shall obtain a seal of a design authorized by the board, bearing the registrant's name and the legend, "registered landscape architect". All sheets of drawings and title pages of specifications prepared by the registrant shall be stamped with said seal.

NEW SECTION. Sec. 35. A new section is added to chapter 18.104 RCW to read as follows:

No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the department a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 36. RCW 18.104.110 and 1993 c 387 s 18 are each amended to read as follows:

(1) In cases other than those relating to the failure of a licensee to renew a license, the director may suspend or revoke a license issued pursuant to this chapter for any of the following reasons:

(((1))) (a) For fraud or deception in obtaining the license;

(((2))) (b) For fraud or deception in reporting under RCW 18.104.050;

(((3))) (c) For violating the provisions of this chapter, or of any lawful rule or regulation of the department or the department of health.

(2) The director shall immediately suspend any license issued under this chapter if the holder of the license either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(3) No license shall be suspended for more than six months, except that a suspension under section 2 or 107 of this act shall continue until the department receives a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(4) No person whose license is revoked shall be eligible to apply for a license for one year from the effective date of the final order of revocation.

Sec. 37. RCW 18.106.070 and 1985 c 465 s 1 are each amended to read as follows:

(1) Except as provided in section 38 of this act, the department shall issue a certificate of competency to all applicants who have passed the examination and have paid the fee for the certificate. The certificate shall bear the date of issuance, and shall expire on the birthdate of the holder immediately following the date of issuance. The certificate shall be renewable every other year, upon application, on or before the birthdate of the holder. A renewal fee shall be assessed for each certificate. If a person fails to renew the certificate by the renewal date, he or she must pay a doubled fee. If the person does not renew the certificate within ninety days of the renewal date, he or she must retake the examination and pay the examination fee.

The certificate of competency and the temporary permit provided for in this chapter grant the holder the right to engage in the work of plumbing as a journeyman plumber or specialty plumber in accordance with their provisions throughout the state and within any of its political subdivisions on any job or any employment without additional proof of competency or any other license or permit or fee to engage in the work. This section does not preclude employees from adhering to a union security clause in any employment where such a requirement exists.

(2) A person who is indentured in an apprenticeship program approved under chapter 49.04 RCW for the plumbing construction trade or who is learning the plumbing construction trade may work in the plumbing construction trade if supervised by a certified journeyman plumber or a certified specialty plumber in that plumber's specialty. All apprentices and individuals learning the plumbing construction trade shall obtain a plumbing training certificate from the department. The certificate shall authorize the holder to learn the plumbing construction trade while under the direct supervision of a journeyman plumber or a specialty plumber working in his or her specialty. The holder of the plumbing training certificate shall renew the certificate annually. At the time of renewal, the holder shall provide the department with an accurate list of the holder's employers in the plumbing construction industry for the previous year and the number of hours worked for each employer. An annual fee shall be charged for the issuance or renewal of the certificate. The department shall set the fee by rule. The fee shall cover but not exceed the cost of administering and enforcing the trainee certification and supervision requirements of this chapter. Apprentices and individuals learning the plumbing construction trade shall have their plumbing training certificates in their possession at all times that they are performing plumbing work. They shall show their certificates to an authorized representative of the department at the representative's request.

(3) Any person who has been issued a plumbing training certificate under this chapter may work if that person is under supervision. Supervision shall consist of a person being on the same job site and under the control of either a journeyman plumber or an appropriate specialty plumber who has an applicable certificate of competency issued under this chapter. Either a journeyman plumber or an appropriate specialty plumber shall be on the same job site as the noncertified individual for a minimum of seventy-five percent of each working day unless otherwise provided in this chapter. The ratio of noncertified individuals to certified journeymen or specialty plumbers working on a job site shall be: (a) From July 28, 1985, through June 30, 1988, not more than three noncertified plumbers working on any one job site for every certified journeyman or specialty plumber; (b) effective July 1, 1988, not more than two noncertified plumbers working on any one job site for every certified specialty plumber or journeyman plumber working as a specialty plumber; and (c) effective July 1, 1988, not more than one noncertified plumber working on any one job site for every certified journeyman plumber working as a journeyman plumber.

An individual who has a current training certificate and who has successfully completed or is currently enrolled in an approved apprenticeship program or in a technical school program in the plumbing construction trade in a school approved by the ((commission for vocational education)) work force training and education coordinating board, may work without direct on-site supervision during the last six months of meeting the practical experience requirements of this chapter.

NEW SECTION. Sec. 38. A new section is added to chapter 18.106 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a certificate of competency under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate of competency under this chapter after the person provides the department a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The department shall immediately suspend any certificate of competency issued under this chapter if the holder of the certificate either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate of competency shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

NEW SECTION. Sec. 39. A new section is added to chapter 18.130 RCW to read as follows:

The disciplining authority shall immediately suspend the license of any person subject to this chapter who either (1) has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or (2) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order.

Sec. 40. RCW 18.130.050 and 1995 c 336 s 4 are each amended to read as follows:

The disciplining authority has the following authority:

(1) To adopt, amend, and rescind such rules as are deemed necessary to carry out this chapter;

(2) To investigate all complaints or reports of unprofessional conduct as defined in this chapter and to hold hearings as provided in this chapter;

(3) To issue subpoenas and administer oaths in connection with any investigation, hearing, or proceeding held under this chapter;

(4) To take or cause depositions to be taken and use other discovery procedures as needed in any investigation, hearing, or proceeding held under this chapter;

(5) To compel attendance of witnesses at hearings;

(6) In the course of investigating a complaint or report of unprofessional conduct, to conduct practice reviews;

(7) To take emergency action ordering summary suspension of a license, or restriction or limitation of the licensee's practice pending proceedings by the disciplining authority;

(8) To use a presiding officer as authorized in RCW 18.130.095(3) or the office of administrative hearings as authorized in chapter 34.12 RCW to conduct hearings. The disciplining authority shall make the final decision regarding disposition of the license unless the disciplining authority elects to delegate in writing the final decision to the presiding officer;

(9) To use individual members of the boards to direct investigations. However, the member of the board shall not subsequently participate in the hearing of the case;

(10) To enter into contracts for professional services determined to be necessary for adequate enforcement of this chapter;

(11) To contract with licensees or other persons or organizations to provide services necessary for the monitoring and supervision of licensees who are placed on probation, whose professional activities are restricted, or who are for any authorized purpose subject to monitoring by the disciplining authority;

(12) To adopt standards of professional conduct or practice;

(13) To grant or deny license applications, and in the event of a finding of unprofessional conduct by an applicant or license holder, to impose any sanction against a license applicant or license holder provided by this chapter;

(14) To designate individuals authorized to sign subpoenas and statements of charges;

(15) To establish panels consisting of three or more members of the board to perform any duty or authority within the board's jurisdiction under this chapter;

(16) To review and audit the records of licensed health facilities' or services' quality assurance committee decisions in which a licensee's practice privilege or employment is terminated or restricted. Each health facility or service shall produce and make accessible to the disciplining authority the appropriate records and otherwise facilitate the review and audit. Information so gained shall not be subject to discovery or introduction into evidence in any civil action pursuant to RCW 70.41.200(3);

(17) To immediately suspend the license of a person who either (a) has been certified by the department of social and health services as not in compliance with a support order as provided in section 2 of this act, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order.

Sec. 41. RCW 18.130.120 and 1984 c 279 s 12 are each amended to read as follows:

The department shall not issue any license to any person whose license has been denied, revoked, or suspended by the disciplining authority except in conformity with the terms and conditions of the certificate or order of denial, revocation, or suspension, or in conformity with any order of reinstatement issued by the disciplining authority, or in accordance with the final judgment in any proceeding for review instituted under this chapter.

The department shall not issue a license to a person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act. The license may be issued after the person provides the department a written release from the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 42. RCW 18.130.150 and 1984 c 279 s 15 are each amended to read as follows:

A person whose license has been suspended or revoked under this chapter may petition the disciplining authority for reinstatement after an interval as determined by the disciplining authority in the order. The disciplining authority shall hold hearings on the petition and may deny the petition or may order reinstatement and impose terms and conditions as provided in RCW 18.130.160 and issue an order of reinstatement. The disciplining authority may require successful completion of an examination as a condition of reinstatement.

A person whose license has been suspended for noncompliance with a support order under section 2 of this act or for noncompliance with a residential or visitation order under chapter 26.09 RCW may petition for reinstatement at any time by providing the disciplining authority a written release issued by the department of social and health services or a court stating that the person is in compliance with the order. If the person has continued to meet all other requirements for reinstatement during the suspension, the disciplining authority shall automatically reissue the person's license upon receipt of the release, and payment of a reinstatement fee, if any.

NEW SECTION. Sec. 43. A new section is added to chapter 18.140 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The director shall immediately suspend any license or certificate issued under this chapter if the holder either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 44. RCW 18.145.080 and 1995 c 269 s 504 and 1995 c 27 s 8 are each reenacted and amended to read as follows:

Except as provided in section 45 of this act, the department shall issue a certificate to any applicant who meets the standards established under this chapter and who:

(1) Is holding one of the following:

(a) Certificate of proficiency, registered professional reporter, registered merit reporter, or registered diplomate reporter from [the] national court reporters association;

(b) Certificate of proficiency or certificate of merit from [the] national stenomask verbatim reporters association; or

(2) Has passed an examination approved by the director or an examination that meets or exceeds the standards established by the director.

NEW SECTION. Sec. 45. A new section is added to chapter 18.145 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The director shall immediately suspend any certificate issued under this chapter if the holder either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 46. RCW 18.160.080 and 1990 c 177 s 10 are each amended to read as follows:

(1) The state director of fire protection may refuse to issue or renew or may suspend or revoke the privilege of a licensed fire protection sprinkler system contractor or the certificate of a certificate of competency holder to engage in the fire protection sprinkler system business or in lieu thereof, establish penalties as prescribed by Washington state law, for any of the following reasons:

(a) Gross incompetency or gross negligence in the preparation of technical drawings, installation, repair, alteration, maintenance, inspection, service, or addition to fire protection sprinkler systems;

(b) Conviction of a felony;

(d) Use of false evidence or misrepresentation in an application for a license or certificate of competency;

(e) Permitting his or her license to be used in connection with the preparation of any technical drawings which have not been prepared by him or her personally or under his or her immediate supervision, or in violation of this chapter; or

(f) Knowingly violating any provisions of this chapter or the regulations issued thereunder.

(2) The state director of fire protection shall revoke the license of a licensed fire protection sprinkler system contractor or the certificate of a certificate of competency holder who engages in the fire protection sprinkler system business while the license or certificate of competency is suspended.

(3) The state director of fire protection shall refuse to issue or immediately suspend any license or certificate issued under this chapter if the holder either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for issuance or reinstatement during the suspension, issuance or reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(4) Any licensee or certificate of competency holder who is aggrieved by an order of the state director of fire protection suspending or revoking a license may, within thirty days after notice of such suspension or revocation, appeal under chapter 34.05 RCW.

Sec. 47. RCW 18.165.160 and 1995 c 277 s 34 are each amended to read as follows:

The following acts are prohibited and constitute grounds for disciplinary action, assessing administrative penalties, or denial, suspension, or revocation of any license under this chapter, as deemed appropriate by the director:

(1) Knowingly violating any of the provisions of this chapter or the rules adopted under this chapter;

(2) Knowingly making a material misstatement or omission in the application for or renewal of a license or firearms certificate, including falsifying requested identification information;

(3) Not meeting the qualifications set forth in RCW 18.165.030, 18.165.040, or 18.165.050;

(4) Failing to return immediately on demand a firearm issued by an employer;

(5) Carrying a firearm in the performance of his or her duties if not the holder of a valid armed private investigator license, or carrying a firearm not meeting the provisions of this chapter while in the performance of his or her duties;

(6) Failing to return immediately on demand company identification, badges, or other items issued to the private investigator by an employer;

(7) Making any statement that would reasonably cause another person to believe that the private investigator is a sworn peace officer;

(8) Divulging confidential information obtained in the course of any investigation to which he or she was assigned;

(9) Acceptance of employment that is adverse to a client or former client and relates to a matter about which a licensee has obtained confidential information by reason of or in the course of the licensee's employment by the client;

(10) Conviction of a gross misdemeanor or felony or the commission of any act involving moral turpitude, dishonesty, or corruption whether the act constitutes a crime or not. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon such a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based. For the purposes of this section, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended;

(11) Advertising that is false, fraudulent, or misleading;

(12) Incompetence or negligence that results in injury to a person or that creates an unreasonable risk that a person may be harmed;

(13) Suspension, revocation, or restriction of the individual's license to practice the profession by competent authority in any state, federal, or foreign jurisdiction, a certified copy of the order, stipulation, or agreement being conclusive evidence of the revocation, suspension, or restriction;

(14) Failure to cooperate with the director by:

(a) Not furnishing any necessary papers or documents requested by the director for purposes of conducting an investigation for disciplinary action, denial, suspension, or revocation of a license under this chapter;

(b) Not furnishing in writing a full and complete explanation covering the matter contained in a complaint filed with the department; or

(c) Not responding to subpoenas issued by the director, whether or not the recipient of the subpoena is the accused in the proceeding;

(15) Failure to comply with an order issued by the director or an assurance of discontinuance entered into with the director;

(16) Aiding or abetting an unlicensed person to practice if a license is required;

(17) Misrepresentation or fraud in any aspect of the conduct of the business or profession;

(18) Failure to adequately supervise employees to the extent that the public health or safety is at risk;

(19) Interference with an investigation or disciplinary proceeding by willful misrepresentation of facts before the director or the director's authorized representative, or by the use of threats or harassment against any client or witness to prevent them from providing evidence in a disciplinary proceeding or any other legal action;

(20) Assigning or transferring any license issued pursuant to the provisions of this chapter, except as provided in RCW 18.165.050;

(21) Assisting a client to locate, trace, or contact a person when the investigator knows that the client is prohibited by any court order from harassing or contacting the person whom the investigator is being asked to locate, trace, or contact, as it pertains to domestic violence, stalking, or minor children;

(22) Failure to maintain bond or insurance; ((or))

(23) Failure to have a qualifying principal in place; or

(24) Being certified as not in compliance with a support order as provided in section 2 of this act or not in compliance with a residential or visitation order under section 107 of this act.

NEW SECTION. Sec. 48. A new section is added to chapter 18.165 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The director shall immediately suspend a license issued under this chapter if the holder either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 49. RCW 18.170.170 and 1995 c 277 s 12 are each amended to read as follows:

In addition to the provisions of section 50 of this act, the following acts are prohibited and constitute grounds for disciplinary action, assessing administrative penalties, or denial, suspension, or revocation of any license under this chapter, as deemed appropriate by the director:

(1) Knowingly violating any of the provisions of this chapter or the rules adopted under this chapter;

(2) Practicing fraud, deceit, or misrepresentation in any of the private security activities covered by this chapter;

(3) Knowingly making a material misstatement or omission in the application for a license or firearms certificate;

(4) Not meeting the qualifications set forth in RCW 18.170.030, 18.170.040, or 18.170.060;

(5) Failing to return immediately on demand a firearm issued by an employer;

(6) Carrying a firearm in the performance of his or her duties if not the holder of a valid armed private security guard license, or carrying a firearm not meeting the provisions of this chapter while in the performance of his or her duties;

(7) Failing to return immediately on demand any uniform, badge, or other item of equipment issued to the private security guard by an employer;

(8) Making any statement that would reasonably cause another person to believe that the private security guard is a sworn peace officer;

(9) Divulging confidential information that may compromise the security of any premises, or valuables shipment, or any activity of a client to which he or she was assigned;

(11) Misrepresentation or concealment of a material fact in obtaining a license or in reinstatement thereof;

(12) Advertising that is false, fraudulent, or misleading;

(13) Incompetence or negligence that results in injury to a person or that creates an unreasonable risk that a person may be harmed;

(14) Suspension, revocation, or restriction of the individual's license to practice the profession by competent authority in any state, federal, or foreign jurisdiction, a certified copy of the order, stipulation, or agreement being conclusive evidence of the revocation, suspension, or restriction;

(15) Failure to cooperate with the director by:

(b) Not furnishing in writing a full and complete explanation covering the matter contained in a complaint filed with the department; or

(c) Not responding to subpoenas issued by the director, whether or not the recipient of the subpoena is the accused in the proceeding;

(16) Failure to comply with an order issued by the director or an assurance of discontinuance entered into with the disciplining authority;

(17) Aiding or abetting an unlicensed person to practice if a license is required;

(18) Misrepresentation or fraud in any aspect of the conduct of the business or profession;

(19) Failure to adequately supervise employees to the extent that the public health or safety is at risk;

(20) Interference with an investigation or disciplinary proceeding by willful misrepresentation of facts before the director or the director's authorized representative, or by the use of threats or harassment against a client or witness to prevent them from providing evidence in a disciplinary proceeding or any other legal action;

(21) Assigning or transferring any license issued pursuant to the provisions of this chapter, except as provided in RCW 18.170.060;

(22) Failure to maintain insurance; and

(23) Failure to have a qualifying principal in place.

NEW SECTION. Sec. 50. A new section is added to chapter 18.170 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The director shall immediately suspend any license issued under this chapter if the holder either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

NEW SECTION. Sec. 51. A new section is added to chapter 18.175 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a certificate of registration under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate of registration after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The director shall immediately suspend a certificate of registration issued under this chapter if the holder either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

NEW SECTION. Sec. 52. A new section is added to chapter 18.185 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license after the person provides the director a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 53. RCW 43.20A.205 and 1989 c 175 s 95 are each amended to read as follows:

This section governs the denial of an application for a license or the suspension, revocation, or modification of a license by the department.

(1) The department shall give written notice of the denial of an application for a license to the applicant or his or her agent. The department shall give written notice of revocation, suspension, or modification of a license to the licensee or his or her agent. The notice shall state the reasons for the action. The notice shall be personally served in the manner of service of a summons in a civil action or shall be given in ((an other)) another manner that shows proof of receipt.

(2) Except as otherwise provided in this subsection and in subsection (4) of this section, revocation, suspension, or modification is effective twenty-eight days after the licensee or the agent receives the notice.

(a) The department may make the date the action is effective later than twenty-eight days after receipt. If the department does so, it shall state the effective date in the written notice given the licensee or agent.

(b) The department may make the date the action is effective sooner than twenty-eight days after receipt when necessary to protect the public health, safety, or welfare. When the department does so, it shall state the effective date and the reasons supporting the effective date in the written notice given to the licensee or agent.

(c) When the department has received certification pursuant to either (i) chapter 74.20A RCW from the division of child support that the licensee is a person who is not in compliance with a support order or (ii) chapter 26.09 RCW by a court that the licensee is not in compliance with a residential or visitation order, the department shall provide that the suspension is effective immediately upon receipt of the suspension notice by the licensee.

(3) Except for licensees suspended for noncompliance with a support order under chapter 74.20A RCW or a residential or visitation order under chapter 26.09 RCW, a license applicant or licensee who is aggrieved by a department denial, revocation, suspension, or modification has the right to an adjudicative proceeding. The proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW. The application must be in writing, state the basis for contesting the adverse action, include a copy of the adverse notice, be served on and received by the department within twenty-eight days of the license applicant's or licensee's receiving the adverse notice, and be served in a manner that shows proof of receipt.

(4)(a) If the department gives a licensee twenty-eight or more days notice of revocation, suspension, or modification and the licensee files an appeal before its effective date, the department shall not implement the adverse action until the final order has been entered. The presiding or reviewing officer may permit the department to implement part or all of the adverse action while the proceedings are pending if the appellant causes an unreasonable delay in the proceeding, if the circumstances change so that implementation is in the public interest, or for other good cause.

(b) If the department gives a licensee less than twenty-eight days notice of revocation, suspension, or modification and the licensee timely files a sufficient appeal, the department may implement the adverse action on the effective date stated in the notice. The presiding or reviewing officer may order the department to stay implementation of part or all of the adverse action while the proceedings are pending if staying implementation is in the public interest or for other good cause.

NEW SECTION. Sec. 54. A new section is added to chapter 28A.410 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a certificate or permit under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a certificate or permit after the person provides the authority authorized to grant the certificate or permit a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) Any certificate or permit authorized under this chapter or chapter 28A.405 RCW shall be suspended by the authority authorized to grant the certificate or permit if (a) either the department of social and health services certifies that the person is not in compliance with a support order as provided in section 2 of this act or (b) a court certifies that the person is not in compliance with a residential or visitation order under chapter 26.09 RCW. If the person continues to meet other requirements for reinstatement during the suspension, reissuance of the certificate or permit shall be automatic after the person provides the authority a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 55. RCW 43.70.115 and 1991 c 3 s 377 are each amended to read as follows:

This section governs the denial of an application for a license or the suspension, revocation, or modification of a license by the department. This section does not govern actions taken under chapter 18.130 RCW.

(c) When the department has received certification pursuant to either (i) chapter 74.20A RCW from the department of social and health services that the licensee is a person who is not in compliance with a child support order or (ii) chapter 26.09 RCW from a court that the licensee is a person who is not in compliance with a residential or visitation order, the department shall provide that the suspension is effective immediately upon receipt of the suspension notice by the licensee.

(3) Except for licensees suspended for noncompliance with a child support order under chapter 74.20A RCW or a residential or visitation order under chapter 26.09 RCW, a license applicant or licensee who is aggrieved by a department denial, revocation, suspension, or modification has the right to an adjudicative proceeding. The proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW. The application must be in writing, state the basis for contesting the adverse action, include a copy of the adverse notice, be served on and received by the department within twenty-eight days of the license applicant's or licensee's receiving the adverse notice, and be served in a manner that shows proof of receipt.

Sec. 56. RCW 19.28.120 and 1992 c 217 s 2 are each amended to read as follows:

(1) It is unlawful for any person, firm, partnership, corporation, or other entity to engage in, conduct, or carry on the business of installing or maintaining wires or equipment to convey electric current, or installing or maintaining equipment to be operated by electric current as it pertains to the electrical industry, without having an unrevoked, unsuspended, and unexpired electrical contractor license, issued by the department in accordance with this chapter. All electrical contractor licenses expire twenty-four calendar months following the day of their issue. The department may issue an electrical contractors license for a period of less than twenty-four months only for the purpose of equalizing the number of electrical contractor licenses which expire each month. Application for an electrical contractor license shall be made in writing to the department, accompanied by the required fee. The application shall state:

(a) The name and address of the applicant; in case of firms or partnerships, the names of the individuals composing the firm or partnership; in case of corporations, the names of the managing officials thereof;

(b) The location of the place of business of the applicant and the name under which the business is conducted;

(d) As applicable: (i) The industrial insurance account number covering employees domiciled in Washington; and (ii) evidence of workers' compensation coverage in the applicant's state of domicile for the applicant's employees working in Washington who are not domiciled in Washington;

(e) Employment security department number;

(f) State excise tax registration number;

(g) Unified business identifier (UBI) account number may be substituted for the information required by (d), (e), and (f) of this subsection; and

(h) Whether a general or specialty electrical contractor license is sought and, if the latter, the type of specialty. Electrical contractor specialties include, but are not limited to: Residential, domestic appliances, pump and irrigation, limited energy system, signs, nonresidential maintenance, and a combination specialty. A general electrical contractor license shall grant to the holder the right to engage in, conduct, or carry on the business of installing or maintaining wires or equipment to carry electric current, and installing or maintaining equipment, or installing or maintaining material to fasten or insulate such wires or equipment to be operated by electric current, in the state of Washington. A specialty electrical contractor license shall grant to the holder a limited right to engage in, conduct, or carry on the business of installing or maintaining wires or equipment to carry electrical current, and installing or maintaining equipment; or installing or maintaining material to fasten or insulate such wires or equipment to be operated by electric current in the state of Washington as expressly allowed by the license.

(2) The department may verify the workers' compensation coverage information provided by the applicant under subsection (1)(d) of this section, including but not limited to information regarding the coverage of an individual employee of the applicant. If coverage is provided under the laws of another state, the department may notify the other state that the applicant is employing employees in Washington.

(3) The application for a contractor license shall be accompanied by a bond in the sum of four thousand dollars with the state of Washington named as obligee in the bond, with good and sufficient surety, to be approved by the department. The bond shall at all times be kept in full force and effect, and any cancellation or revocation thereof, or withdrawal of the surety therefrom, suspends the license issued to the principal until a new bond has been filed and approved as provided in this section. Upon approval of a bond, the department shall on the next business day deposit the fee accompanying the application in the electrical license fund and shall file the bond in the office. The department shall upon request furnish to any person, firm, partnership, corporation, or other entity a certified copy of the bond upon the payment of a fee that the department shall set by rule. The fee shall cover but not exceed the cost of furnishing the certified copy. The bond shall be conditioned that in any installation or maintenance of wires or equipment to convey electrical current, and equipment to be operated by electrical current, the principal will comply with the provisions of this chapter and with any electrical ordinance, building code, or regulation of a city or town adopted pursuant to RCW 19.28.010(((2))) (3) that is in effect at the time of entering into a contract. The bond shall be conditioned further that the principal will pay for all labor, including employee benefits, and material furnished or used upon the work, taxes and contributions to the state of Washington, and all damages that may be sustained by any person, firm, partnership, corporation, or other entity due to a failure of the principal to make the installation or maintenance in accordance with this chapter or any applicable ordinance, building code, or regulation of a city or town adopted pursuant to RCW 19.28.010(((2))) (3). In lieu of the surety bond required by this section the license applicant may file with the department a cash deposit or other negotiable security acceptable to the department. If the license applicant has filed a cash deposit, the department shall deposit the funds in a special trust savings account in a commercial bank, mutual savings bank, or savings and loan association and shall pay annually to the depositor the interest derived from the account.

(4) Except as provided in subsection (6) of this section, the department shall issue general or specialty electrical contractor licenses to applicants meeting all of the requirements of this chapter. The provisions of this chapter relating to the licensing of any person, firm, partnership, corporation, or other entity including the requirement of a bond with the state of Washington named as obligee therein and the collection of a fee therefor, are exclusive, and no political subdivision of the state of Washington may require or issue any licenses or bonds or charge any fee for the same or a similar purpose. No person, firm, partnership, corporation, or other entity holding more than one specialty contractor license under this chapter may be required to pay an annual fee for more than one such license or to post more than one four thousand dollar bond, equivalent cash deposit, or other negotiable security.

(5) To obtain a general or specialty electrical contractor license the applicant must designate an individual who currently possesses an administrator's certificate as a general electrical contractor administrator or as a specialty electrical contractor administrator in the specialty for which application has been made. Administrator certificate specialties include but are not limited to: Residential, domestic, appliance, pump and irrigation, limited energy system, signs, nonresidential maintenance, and combination specialty. To obtain an administrator's certificate an individual must pass an examination as set forth in RCW 19.28.123 unless the applicant was a licensed electrical contractor at any time during 1974. Applicants who were electrical contractors licensed by the state of Washington at any time during 1974 are entitled to receive a general electrical contractor administrator's certificate without examination if the applicants apply prior to January 1, 1984. The board of electrical examiners shall certify to the department the names of all persons who are entitled to either a general or specialty electrical contractor administrator's certificate.

(6) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 57. RCW 19.28.125 and 1988 c 81 s 6 are each amended to read as follows:

(1) Each applicant for an electrical contractor's license, other than an individual, shall designate a supervisory employee or member of the firm to take the required administrator's examination. Effective July 1, 1987, a supervisory employee designated as the administrator shall be a full-time supervisory employee. This person shall be designated as administrator under the license. No person may qualify as administrator for more than one contractor. If the relationship of the administrator with the electrical contractor is terminated, the contractor's license is void within ninety days unless another administrator is qualified by the board. However, if the administrator dies, the contractor's license is void within one hundred eighty days unless another administrator is qualified by the board. A certificate issued under this section is valid for two years from the nearest birthdate of the administrator, unless revoked or suspended, and further is nontransferable. The certificate may be renewed for a two-year period without examination by appropriate application unless the certificate has been revoked, suspended, or not renewed within ninety days after the expiration date. If the certificate is not renewed before the expiration date, the individual shall pay twice the usual fee. An individual holding more than one administrator's certificate under this chapter shall not be required to pay annual fees for more than one certificate. A person may take the administrator's test as many times as necessary without limit.

(2) The administrator shall:

(a) Be a member of the firm or a supervisory employee and shall be available during working hours to carry out the duties of an administrator under this section;

(b) Ensure that all electrical work complies with the electrical installation laws and rules of the state;

(d) Ensure that all electrical labels, permits, and licenses required to perform electrical work are used;

(e) See that corrective notices issued by an inspecting authority are complied with; and

(f) Notify the department in writing within ten days if the administrator terminates the relationship with the electrical contractor.

(3) The department shall not by rule change the administrator's duties under subsection (2) of this section.

(4) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 58. RCW 19.28.310 and 1988 c 81 s 10 are each amended to read as follows:

(1) The department has the power, in case of continued noncompliance with the provisions of this chapter, to revoke or suspend for such a period as it determines, any electrical contractor license or electrical contractor administrator certificate issued under this chapter. The department shall notify the holder of the license or certificate of the revocation or suspension by certified mail. A revocation or suspension is effective fifteen days after the holder receives the notice. Any revocation or suspension is subject to review by an appeal to the board. The filing of an appeal stays the effect of a revocation or suspension until the board makes its decision. The appeal shall be filed within fifteen days after notice of the revocation or suspension is given by certified mail sent to the address of the holder of the license or certificate as shown on the application for the license or certificate, and shall be effected by filing a written notice of appeal with the department, accompanied by a certified check for two hundred dollars, which shall be returned to the holder of the license or certificate if the decision of the department is not sustained by the board. The hearing shall be conducted in accordance with chapter 34.05 RCW. If the board sustains the decision of the department, the two hundred dollars shall be applied by the department to the payment of the per diem and expenses of the members of the board incurred in the matter, and any balance remaining after payment of per diem and expenses shall be paid into the electrical license fund.

(2) The department shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

Sec. 59. RCW 19.28.550 and 1993 c 192 s 1 are each amended to read as follows:

(1) Except as provided in subsection (5) of this section, the department shall issue a certificate of competency to all applicants who have passed the examination provided in RCW 19.28.540, and who have complied with RCW 19.28.510 through 19.28.620 and the rules adopted under this chapter. The certificate shall bear the date of issuance, and shall expire on October 31st or April 30th, not less than six months nor more than three years immediately following the date of issuance. The certificate shall be renewed every three years, upon application, on or before the holder's birthdate. A fee shall be assessed for each certificate and for each annual renewal.

(2) If the certificate holder demonstrates to the department that he or she has satisfactorily completed an annual eight-hour continuing education course, the certificate may be renewed without examination by appropriate application unless the certificate has been revoked, suspended, or not renewed within ninety days after the expiration date.

(a) The contents and requirements for satisfactory completion of the continuing education course shall be determined by the director and approved by the board.

(b) The department shall accept proof of a certificate holder's satisfactory completion of a continuing education course offered in another state as meeting the requirements for maintaining a current Washington state certificate of competency if the department is satisfied the course is comparable in nature to that required in Washington state for maintaining a current certificate of competency.

(3) If the certificate is not renewed before the expiration date, the individual shall pay twice the usual fee. The department shall set the fees by rule for issuance and renewal of a certificate of competency. The fees shall cover but not exceed the costs of issuing the certificates and of administering and enforcing the electrician certification requirements of this chapter.

(4) The certificates of competency and temporary permits provided for in this chapter grant the holder the right to work in the electrical construction trade as a journeyman electrician or specialty electrician in accordance with their provisions throughout the state and within any of its political subdivisions without additional proof of competency or any other license, permit, or fee to engage in such work.

(5) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 60. RCW 19.28.580 and 1988 c 81 s 15 are each amended to read as follows:

(1) The department may revoke any certificate of competency upon the following grounds:

(a) The certificate was obtained through error or fraud;

(b) The holder thereof is judged to be incompetent to work in the electrical construction trade as a journeyman electrician or specialty electrician;

(c) The holder thereof has violated any of the provisions of RCW 19.28.510 through 19.28.620 or any rule adopted under this chapter.

(2) Before any certificate of competency shall be revoked, the holder shall be given written notice of the department's intention to do so, mailed by registered mail, return receipt requested, to the holder's last known address. The notice shall enumerate the allegations against the holder, and shall give the holder the opportunity to request a hearing before the board. At the hearing, the department and the holder may produce witnesses and give testimony. The hearing shall be conducted in accordance with chapter 34.05 RCW. The board shall render its decision based upon the testimony and evidence presented, and shall notify the parties immediately upon reaching its decision. A majority of the board shall be necessary to render a decision.

(3) The department shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

Sec. 61. RCW 19.30.030 and 1985 c 280 s 3 are each amended to read as follows:

The director shall not issue to any person a license to act as a farm labor contractor until:

(1) Such person has executed a written application on a form prescribed by the director, subscribed and sworn to by the applicant, and containing (a) a statement by the applicant of all facts required by the director concerning the applicant's character, competency, responsibility, and the manner and method by which he or she proposes to conduct operations as a farm labor contractor if such license is issued, and (b) the names and addresses of all persons financially interested, either as partners, stockholders, associates, profit sharers, or providers of board or lodging to agricultural employees in the proposed operation as a labor contractor, together with the amount of their respective interests;

(2) The director, after investigation, is satisfied as to the character, competency, and responsibility of the applicant;

(3) The applicant has paid to the director a license fee of: (1) Thirty-five dollars in the case of a farm labor contractor not engaged in forestation or reforestation, or (2) one hundred dollars in the case of a farm labor contractor engaged in forestation or reforestation or such other sum as the director finds necessary, and adopts by rule, for the administrative costs of evaluating applications;

(4) The applicant has filed proof satisfactory to the director of the existence of a policy of insurance with any insurance carrier authorized to do business in the state of Washington in an amount satisfactory to the director, which insures the contractor against liability for damage to persons or property arising out of the contractor's operation of, or ownership of, any vehicle or vehicles for the transportation of individuals in connection with the contractor's business, activities, or operations as a farm labor contractor;

(5) The applicant has filed a surety bond or other security which meets the requirements set forth in RCW 19.30.040;

(6) The applicant executes a written statement which shall be subscribed and sworn to and shall contain the following declaration:

"With regards to any action filed against me concerning my activities as a farm labor contractor, I appoint the director of the Washington department of labor and industries as my lawful agent to accept service of summons when I am not present in the jurisdiction in which the action is commenced or have in any other way become unavailable to accept service"; and

(7) The applicant has stated on his or her application whether or not his or her contractor's license or the license of any of his or her agents, partners, associates, stockholders, or profit sharers has ever been suspended, revoked, or denied by any state or federal agency, and whether or not there are any outstanding judgments against him or her or any of his or her agents, partners, associates, stockholders, or profit sharers in any state or federal court arising out of activities as a farm labor contractor.

(8) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 62. RCW 19.30.060 and 1985 c 280 s 6 are each amended to read as follows:

Any person may protest the grant or renewal of a license under this section. The director may revoke, suspend, or refuse to issue or renew any license when it is shown that:

(1) The farm labor contractor or any agent of the contractor has violated or failed to comply with any of the provisions of this chapter;

(2) The farm labor contractor has made any misrepresentations or false statements in his or her application for a license;

(3) The conditions under which the license was issued have changed or no longer exist;

(4) The farm labor contractor, or any agent of the contractor, has violated or wilfully aided or abetted any person in the violation of, or failed to comply with, any law of the state of Washington regulating employment in agriculture, the payment of wages to farm employees, or the conditions, terms, or places of employment affecting the health and safety of farm employees, which is applicable to the business activities, or operations of the contractor in his or her capacity as a farm labor contractor;

(5) The farm labor contractor or any agent of the contractor has in recruiting farm labor solicited or induced the violation of any then existing contract of employment of such laborers; or

(6) The farm labor contractor or any agent of the contractor has an unsatisfied judgment against him or her in any state or federal court, arising out of his or her farm labor contracting activities.

The director shall immediately suspend the license or certificate of a person who either has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

Sec. 63. RCW 19.16.110 and 1994 c 195 s 2 are each amended to read as follows:

No person shall act, assume to act, or advertise as a collection agency or out-of-state collection agency as defined in this chapter, except as authorized by this chapter, without first having applied for and obtained a license from the director.

Nothing contained in this section shall be construed to require a regular employee of a collection agency or out-of-state collection agency duly licensed under this chapter to procure a collection agency license.

No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 64. RCW 19.16.120 and 1994 c 195 s 3 are each amended to read as follows:

In addition to other provisions of this chapter, any license issued pursuant to this chapter or any application therefor may be denied, not renewed, revoked, or suspended, or in lieu of or in addition to suspension a licensee may be assessed a civil, monetary penalty in an amount not to exceed one thousand dollars:

(1) If an individual applicant or licensee is less than eighteen years of age or is not a resident of this state.

(2) If an applicant or licensee is not authorized to do business in this state.

(3) If the application or renewal forms required by this chapter are incomplete, fees required under RCW 19.16.140 and 19.16.150, if applicable, have not been paid, and the surety bond or cash deposit or other negotiable security acceptable to the director required by RCW 19.16.190, if applicable, has not been filed or renewed or is canceled.

(4) If any individual applicant, owner, officer, director, or managing employee of a nonindividual applicant or licensee:

(a) Shall have knowingly made a false statement of a material fact in any application for a collection agency license or an out-of-state collection agency license or renewal thereof, or in any data attached thereto and two years have not elapsed since the date of such statement;

(b) Shall have had a license to engage in the business of a collection agency or out-of-state collection agency denied, not renewed, suspended, or revoked by this state, any other state, or foreign country, for any reason other than the nonpayment of licensing fees or failure to meet bonding requirements: PROVIDED, That the terms of this subsection shall not apply if:

(i) Two years have elapsed since the time of any such denial, nonrenewal, or revocation; or

(ii) The terms of any such suspension have been fulfilled;

(c) Has been convicted in any court of any felony involving forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, or conspiracy to defraud and is incarcerated for that offense or five years have not elapsed since the date of such conviction;

(d) Has had any judgment entered against him in any civil action involving forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, or conspiracy to defraud and five years have not elapsed since the date of the entry of the final judgment in said action: PROVIDED, That in no event shall a license be issued unless the judgment debt has been discharged;

(e) Has had his license to practice law suspended or revoked and two years have not elapsed since the date of such suspension or revocation, unless he has been relicensed to practice law in this state;

(f) Has had any judgment entered against him or it under the provisions of RCW 19.86.080 or 19.86.090 involving a violation or violations of RCW 19.86.020 and two years have not elapsed since the entry of the final judgment: PROVIDED, That in no event shall a license be issued unless the terms of such judgment, if any, have been fully complied with: PROVIDED FURTHER, That said judgment shall not be grounds for denial, suspension, nonrenewal, or revocation of a license unless the judgment arises out of and is based on acts of the applicant, owner, officer, director, managing employee, or licensee while acting for or as a collection agency or an out-of-state collection agency;

(g) Has petitioned for bankruptcy, and two years have not elapsed since the filing of said petition;

(h) Shall be insolvent in the sense that his or its liabilities exceed his or its assets or in the sense that he or it cannot meet his or its obligations as they mature;

(i) Has failed to pay any civil, monetary penalty assessed in accordance with RCW 19.16.351 or 19.16.360 within ten days after the assessment becomes final;

(j) Has knowingly failed to comply with, or violated any provisions of this chapter or any rule or regulation issued pursuant to this chapter, and two years have not elapsed since the occurrence of said noncompliance or violation; or

(k) Has been found by a court of competent jurisdiction to have violated the federal fair debt collection practices act, 15 U.S.C. Sec. 1692 et seq., or the Washington state consumer protection act, chapter 19.86 RCW, and two years have not elapsed since that finding.

Except as otherwise provided in this section, any person who is engaged in the collection agency business as of January 1, 1972 shall, upon filing the application, paying the fees, and filing the surety bond or cash deposit or other negotiable security in lieu of bond required by this chapter, be issued a license ((hereunder)) under this chapter.

Sec. 65. RCW 19.31.100 and 1993 c 499 s 4 are each amended to read as follows:

(1) Every applicant for an employment agency's license or a renewal thereof shall file with the director a written application stating the name and address of the applicant; the street and number of the building in which the business of the employment agency is to be conducted; the name of the person who is to have the general management of the office; the name under which the business of the office is to be carried on; whether or not the applicant is pecuniarily interested in the business to be carried on under the license; shall be signed by the applicant and sworn to before a notary public; and shall identify anyone holding over twenty percent interest in the agency. If the applicant is a corporation, the application shall state the names and addresses of the officers and directors of the corporation, and shall be signed and sworn to by the president and secretary thereof. If the applicant is a partnership, the application shall also state the names and addresses of all partners therein, and shall be signed and sworn to by all of them. The application shall also state whether or not the applicant is, at the time of making the application, or has at any previous time been engaged in or interested in or employed by anyone engaged in the business of an employment agency.

(2) The application shall require a certification that no officer or holder of more than twenty percent interest in the business has been convicted of a felony within ten years of the application which directly relates to the business for which the license is sought, or had any judgment entered against such person in any civil action involving fraud, misrepresentation, or conversion.

(3) All applications for employment agency licenses shall be accompanied by a copy of the form of contract and fee schedule to be used between the employment agency and the applicant.

(4) No license to operate an employment agency in this state shall be issued, transferred, renewed, or remain in effect, unless the person who has or is to have the general management of the office has qualified pursuant to this section. The director may, for good cause shown, waive the requirement imposed by this section for a period not to exceed one hundred and twenty days. Persons who have been previously licensed or who have operated to the satisfaction of the director for at least one year prior to September 21, 1977 as a general manager shall be entitled to operate for up to one year from such date before being required to qualify under this section. In order to qualify, such person shall, through testing procedures developed by the director, show that such person has a knowledge of this law, pertinent labor laws, and laws against discrimination in employment in this state and of the United States. Said examination shall be given at least once each quarter and a fee for such examination shall be established by the director. Nothing in this chapter shall be construed to preclude any one natural person from being designated as the person who is to have the general management of up to three offices operated by any one licensee.

While employment directories may at the director's discretion be required to show that the person has a knowledge of this chapter, employment directories are exempt from testing on pertinent labor laws, and laws against discrimination in employment in this state and of the United States.

(5) Employment directories shall register with the department and meet all applicable requirements of this chapter but shall not be required to be licensed by the department or pay a licensing fee.

Sec. 66. RCW 19.31.130 and 1969 ex.s. c 228 s 13 are each amended to read as follows:

(1) In accordance with the provisions of chapter 34.05 RCW as now or as hereafter amended, the director may by order deny, suspend or revoke the license of any employment agency if he finds that the applicant or licensee:

(((1))) (a) Was previously the holder of a license issued under this chapter, which was revoked for cause and never reissued by the director, or which license was suspended for cause and the terms of the suspension have not been fulfilled;

(((2))) (b) Has been found guilty of any felony within the past five years involving moral turpitude, or for any misdemeanor concerning fraud or conversion, or suffering any judgment in any civil action involving wilful fraud, misrepresentation or conversion;

(((3))) (c) Has made a false statement of a material fact in his application or in any data attached thereto;

(((4))) (d) Has violated any provisions of this chapter, or failed to comply with any rule or regulation issued by the director pursuant to this chapter.

(2) The director shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

Sec. 67. RCW 19.32.040 and 1982 c 182 s 32 are each amended to read as follows:

(1) No person hereafter shall engage within this state in the business of owning, operating or offering the services of any refrigerated locker or lockers without having obtained a license for each such place of business. Application for such license shall be made through the master license system. Except as provided in subsection (2) of this section, such licenses shall be granted as a matter of right unless conditions exist which are grounds for a cancellation or revocation of a license as hereinafter set forth.

(2) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 68. RCW 19.32.060 and 1943 c 117 s 5 are each amended to read as follows:

(1) The director of agriculture may cancel or suspend any such license if he finds after proper investigation that (a) the licensee has violated any provision of this chapter or of any other law of this state relating to the operation of refrigerated lockers or of the sale of any human food in connection therewith, or any regulation effective under any act the administration of which is in the charge of the department of agriculture, or (b) the licensed refrigerated locker premises or any equipment used therein or in connection therewith is in an unsanitary condition and the licensee has failed or refused to remedy the same within ten days after receipt from the director of agriculture of written notice to do so.

(2) No license shall be revoked or suspended by the director without delivery to the licensee of a written statement of the charge involved and an opportunity to answer such charge within ten days from the date of such notice.

(3) Any order made by the director suspending or revoking any license may be reviewed by certiorari in the superior court of the county in which the licensed premises are located, within ten days from the date notice in writing of the director's order revoking or suspending such license has been served upon him.

(4) The director shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

Sec. 69. RCW 19.105.330 and 1988 c 159 s 5 are each amended to read as follows:

(([(1)])) (1) Unless an order denying effectiveness under RCW 19.105.380 is in effect, or unless declared effective by order of the director prior thereto, the application for registration shall automatically become effective upon the expiration of the twentieth full business day following a filing with the director in complete and proper form, but an applicant may consent to the delay of effectiveness until such time as the director may by order declare registration effective or issue a permit to market.

(2) An application for registration, renewal of registration, or amendment is not in completed form and shall not be deemed a statutory filing until such time as all required fees, completed application forms, and the information and documents required pursuant to RCW 19.105.320(1) and departmental rules have been filed.

It is the operator's responsibility to see that required filing materials and fees arrive at the appropriate mailing address of the department. Within seven business days, excluding the date of receipt, of receiving an application or initial request for registration and the filing fees, the department shall notify the applicant of receipt of the application and whether or not the application is complete and in proper form. If the application is incomplete, the department shall at the same time inform the applicant what additional documents or information is required.

If the application is not in a completed form, the department shall give immediate notice to the applicant. On the date the application is complete and properly filed, the statutory period for an in-depth examination of the filing, prescribed in subsection (1) of this section, shall begin to run, unless the applicant and the department have agreed to a stay of effectiveness or the department has issued a denial of the application or a permit to market.

(3) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 70. RCW 19.105.380 and 1988 c 159 s 14 are each amended to read as follows:

(1) A registration or an application for registration of camping resort contracts or renewals thereof may by order be denied, suspended, or revoked if the director finds that:

(a) The advertising, sales techniques, or trade practices of the applicant, registrant, or its affiliate or agent have been or are deceptive, false, or misleading;

(b) The applicant or registrant has failed to file copies of the camping resort contract form under RCW 19.105.360;

(c) The applicant, registrant, or affiliate has failed to comply with any provision of this chapter, the rules adopted or the conditions of a permit granted under this chapter, or a stipulation or final order previously entered into by the operator or issued by the department under this chapter;

(d) The applicant's, registrant's, or affiliate's offering of camping resort contracts has worked or would work a fraud upon purchasers or owners of camping resort contracts;

(e) The camping resort operator or any officer, director, or affiliate of the camping resort operator has been within the last five years convicted of or pleaded nolo contendre to any misdemeanor or felony involving conversion, embezzlement, theft, fraud, or dishonesty, has been enjoined from or had any civil penalty assessed for a finding of dishonest dealing or fraud in a civil suit, or been found to have engaged in any violation of any act designed to protect consumers, or has been engaged in dishonest practices in any industry involving sales to consumers;

(f) The applicant or registrant has represented or is representing to purchasers in connection with the offer or sale of a camping resort contract that a camping resort property, facility, amenity camp site, or other development is planned, promised, or required, and the applicant or registrant has not provided the director with a security or assurance of performance as required by this chapter;

(g) The applicant or registrant has not provided or is no longer providing the director with the necessary security arrangements to assure future availability of titles or properties as required by this chapter or agreed to in the permit to market;

(h) The applicant or registrant is or has been employing unregistered salespersons or offering or proposing a membership referral program not in compliance with this chapter;

(i) The applicant or registrant has breached any escrow, impound, reserve account, or trust arrangement or the conditions of an order or permit to market required by this chapter;

(j) The applicant or registrant has breached any stipulation or order entered into in settlement of the department's filing of a previous administrative action;

(k) The applicant or registrant has filed or caused to be filed with the director any document or affidavit, or made any statement during the course of a registration or exemption procedure with the director, that is materially untrue or misleading;

(l) The applicant or registrant has engaged in a practice of failing to provide the written disclosures to purchasers or prospective purchasers as required under this chapter;

(m) The applicant, registrant, or any of its officers, directors, or employees, if the operator is other than a natural person, have wilfully done, or permitted any of their salespersons or agents to do, any of the following:

(i) Engage in a pattern or practice of making untrue or misleading statements of a material fact, or omitting to state a material fact;

(ii) Employ any device, scheme, or artifice to defraud purchasers or members;

(iii) Engage in a pattern or practice of failing to provide the written disclosures to purchasers or prospective purchasers as required under this chapter;

(n) The applicant or registrant has failed to provide a bond, letter of credit, or other arrangement to assure delivery of promised gifts, prizes, awards, or other items of consideration, as required under this chapter, breached such a security arrangement, or failed to maintain such a security arrangement in effect because of a resignation or loss of a trustee, impound, or escrow agent;

(o) The applicant or registrant has engaged in a practice of selling contracts using material amendments or codicils that have not been filed or are the consequences of breaches or alterations in previously filed contracts;

(p) The applicant or registrant has engaged in a practice of selling or proposing to sell contracts in a ratio of contracts to sites available in excess of that filed in the affidavit required by this chapter;

(q) The camping resort operator has withdrawn, has the right to withdraw, or is proposing to withdraw from use all or any portion of any camping resort property devoted to the camping resort program, unless:

(i) Adequate provision has been made to provide within a reasonable time thereafter a substitute property in the same general area that is at least as desirable for the purpose of camping and outdoor recreation;

(ii) The property is withdrawn because, despite good faith efforts by the camping resort operator, a nonaffiliate of the camping resort has exercised a right of withdrawal from use by the camping resort (such as withdrawal following expiration of a lease of the property to the camping resort) and the terms of the withdrawal right have been disclosed in writing to all purchasers at or prior to the time of any sales of camping resort contracts after the camping resort has represented to purchasers that the property is or will be available for camping or recreation purposes;

(iii) The specific date upon which the withdrawal becomes effective has been disclosed in writing to all purchasers and members prior to the time of any sales of camping resort contracts after the camping resort has represented to purchasers that the property is or will be available for camping or recreation purposes;

(iv) The rights of members and owners of the camping resort contracts under the express terms of the camping resort contract have expired, or have been specifically limited, upon the lapse of a stated or determinable period of time, and the director by order has found that the withdrawal is not otherwise inconsistent with the protection of purchasers or the desire of the majority of the owners of camping resort contracts, as expressed in their previously obtained vote of approval;

(r) The format, form, or content of the written disclosures provided therein is not complete, full, or materially accurate, or statements made therein are materially false, misleading, or deceptive;

(s) The applicant or registrant has failed or declined to respond to any subpoena lawfully issued and served by the department under this chapter;

(t) The applicant or registrant has failed to file an amendment for a material change in the manner or at the time required under this chapter or its implementing rules;

(u) The applicant or registrant has filed voluntarily or been placed involuntarily into a federal bankruptcy or is proposing to do so; or

(v) A camping resort operator's rights or interest in a campground has been terminated by foreclosure or the operations in a camping resort have been terminated in a manner contrary to contract provisions.

(2) Any applicant or registrant who has violated subsection (1)(a), (b), (c), (f), (h), (i), (j), (l), (m), or (n) of this section may be fined by the director in an amount not to exceed one thousand dollars for each such violation. Proceedings seeking such fines shall be held in accordance with chapter 34.05 RCW and may be filed either separately or in conjunction with other administrative proceedings to deny, suspend, or revoke registrations authorized under this chapter. Fines collected from such proceedings shall be deposited in the state general fund.

(3) An operator, registrant, or applicant against whom administrative or legal proceedings have been filed shall be responsible for and shall reimburse the state, by payment into the general fund, for all administrative and legal costs actually incurred by the department in issuing, processing, and conducting any such administrative or legal proceeding authorized under this chapter that results in a final legal or administrative determination of any type or degree in favor of the department.

(4) No order may be entered under this section without appropriate prior notice to the applicant or registrant of opportunity for a hearing and written findings of fact and conclusions of law, except that the director may by order summarily deny an application for registration or renewal under any of the above subsections and may summarily suspend or revoke a registration under subsection (1)(d), (f), (g), (h), (i), (k), (l), (m), and (n) of this section. No fine may be imposed by summary order.

(5) The proceedings to deny an application or renewal, suspend or revoke a registration or permit, whether summarily or otherwise, or impose a fine shall be held in accordance with chapter 34.05 RCW.

(6) The director may enter into assurances of discontinuance in lieu of issuing a statement of charges or a cease and desist order or conducting a hearing under this chapter. The assurances shall consist of a statement of the law in question and an agreement not to violate the stated provision. The applicant or registrant shall not be required to admit to any violation of the law, nor shall the assurance be construed as such an admission. Violating or breaching an assurance under this subsection is grounds for suspension or revocation of registration or imposition of a fine.

(7) The director shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

Sec. 71. RCW 19.105.440 and 1988 c 159 s 21 are each amended to read as follows:

(1) A salesperson may apply for registration by filing in a complete and readable form with the director an application form provided by the director which includes the following:

(a) A statement whether or not the applicant within the past five years has been convicted of, pleaded nolo contendre to, or been ordered to serve probation for a period of a year or more for any misdemeanor or felony involving conversion, embezzlement, theft, fraud, or dishonesty or the applicant has been enjoined from, had any civil penalty assessed for, or been found to have engaged in any violation of any act designed to protect consumers;

(b) A statement fully describing the applicant's employment history for the past five years and whether or not any termination of employment during the last five years was the result of any theft, fraud, or act of dishonesty;

(d) Required filing fees.

(2) The director may by order deny, suspend, or revoke a camping resort salesperson's registration or application for registration under this chapter or the person's license or application under chapter 18.85 RCW, or impose a fine on such persons not exceeding two hundred dollars per violation, if the director finds that the order is necessary for the protection of purchasers or owners of camping resort contracts and the applicant or registrant is guilty of:

(a) Obtaining registration by means of fraud, misrepresentation, or concealment, or through the mistake or inadvertence of the director;

(b) Violating any of the provisions of this chapter or any lawful rules adopted by the director pursuant thereto;

(c) Being convicted in a court of competent jurisdiction of this or any other state, or federal court, of forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud, or any similar offense or offenses. For the purposes of this section, "being convicted" includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction, and all proceedings in which the sentence has been deferred or suspended;

(d) Making, printing, publishing, distributing, or causing, authorizing, or knowingly permitting the making, printing, publication, or distribution of false statements, descriptions, or promises of such character as to reasonably induce any person to act thereon, if the statements, descriptions, or promises purport to be made or to be performed by either the applicant or registrant and the applicant or registrant then knew or, by the exercise of reasonable care and inquiry, could have known, of the falsity of the statements, descriptions, or promises;

(e) Knowingly committing, or being a party to, any material fraud, misrepresentation, concealment, conspiracy, collusion, trick, scheme, or device whereby any other person lawfully relies upon the work, representation, or conduct of the applicant or registrant;

(f) Failing, upon demand, to disclose to the director or the director's authorized representatives acting by authority of law any information within his or her knowledge or to produce for inspection any document, book or record in his or her possession, which is material to the salesperson's registration or application for registration;

(g) Continuing to sell camping resort contracts in a manner whereby the interests of the public are endangered, if the director has, by order in writing, stated objections thereto;

(h) Committing any act of fraudulent or dishonest dealing or a crime involving moral turpitude, and a certified copy of the final holding of any court of competent jurisdiction in such matter shall be conclusive evidence in any hearing under this chapter;

(i) Misrepresentation of membership in any state or national association; or

(j) Discrimination against any person in hiring or in sales activity on the basis of race, color, creed, or national origin, or violating any state or federal antidiscrimination law.

(3) No order may be entered under this section without appropriate prior notice to the applicant or registrant of opportunity for a hearing and written findings of fact and conclusions of law, except that the director may by order summarily deny an application for registration under this section.

(4) The proceedings to deny an application or renewal, suspend or revoke a registration or permit, whether summarily or otherwise, or impose a fine shall be held in accordance with chapter 34.05 RCW.

(5) The director, subsequent to any complaint filed against a salesperson or pursuant to an investigation to determine violations, may enter into stipulated assurances of discontinuances in lieu of issuing a statement of charges or a cease and desist order or conducting a hearing. The assurance shall consist of a statement of the law in question and an agreement not to violate the stated provision. The salesperson shall not be required to admit to any violation of the law, nor shall the assurance be construed as such an admission. Violation of an assurance under this subsection is grounds for a disciplinary action, a suspension of registration, or a fine not to exceed one thousand dollars.

(6) The director may by rule require such further information or conditions for registration as a camping resort salesperson, including qualifying examinations and fingerprint cards prepared by authorized law enforcement agencies, as the director deems necessary to protect the interests of purchasers.

(7) Registration as a camping resort salesperson shall be effective for a period of one year unless the director specifies otherwise or the salesperson transfers employment to a different registrant. Registration as a camping resort salesperson shall be renewed annually, or at the time of transferring employment, whichever occurs first, by the filing of a form prescribed by the director for that purpose.

(8) It is unlawful for a registrant of camping resort contracts to employ or a person to act as a camping resort salesperson covered under this section unless the salesperson has in effect with the department and displays a valid registration in a conspicuous location at each of the sales offices at which the salesperson is employed. It is the responsibility of both the operator and the salesperson to notify the department when and where a salesperson is employed, his or her responsibilities and duties, and when the salesperson's employment or reported duties are changed or terminated.

(9) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(10) The director shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

Sec. 72. RCW 19.138.130 and 1994 c 237 s 6 are each amended to read as follows:

(1) The director may deny, suspend, or revoke the registration of a seller of travel if the director finds that the applicant:

(a) Was previously the holder of a registration issued under this chapter, and the registration was revoked for cause and never reissued by the director, or the registration was suspended for cause and the terms of the suspension have not been fulfilled;

(b) Has been found guilty of a felony within the past five years involving moral turpitude, or of a misdemeanor concerning fraud or conversion, or suffers a judgment in a civil action involving willful fraud, misrepresentation, or conversion;

(d) Has violated this chapter or failed to comply with a rule adopted by the director under this chapter;

(e) Has failed to display the registration as provided in this chapter;

(f) Has published or circulated a statement with the intent to deceive, misrepresent, or mislead the public;

(g) Has committed a fraud or fraudulent practice in the operation and conduct of a travel agency business, including, but not limited to, intentionally misleading advertising; or

(h) Has aided or abetted a person, firm, or corporation that they know has not registered in this state in the business of conducting a travel agency or other sale of travel.

(2) If the seller of travel is found in violation of this chapter or in violation of the consumer protection act, chapter 19.86 RCW, by the entry of a judgment or by settlement of a claim, the director may revoke the registration of the seller of travel, and the director may reinstate the registration at the director's discretion.

Sec. 73. RCW 19.158.050 and 1989 c 20 s 5 are each amended to read as follows:

(1) In order to maintain or defend a lawsuit or do any business in this state, a commercial telephone solicitor must be registered with the department of licensing. Prior to doing business in this state, a commercial telephone solicitor shall register with the department of licensing. Doing business in this state includes both commercial telephone solicitation from a location in Washington and solicitation of purchasers located in Washington.

(2) The department of licensing, in registering commercial telephone solicitors, shall have the authority to require the submission of information necessary to assist in identifying and locating a commercial telephone solicitor, including past business history, prior judgments, and such other information as may be useful to purchasers.

(3) The department of licensing shall issue a registration number to the commercial telephone solicitor.

(4) It is a violation of this chapter for a commercial telephone solicitor to:

(a) Fail to maintain a valid registration;

(b) Advertise that one is registered as a commercial telephone solicitor or to represent that such registration constitutes approval or endorsement by any government or governmental office or agency;

(c) Provide inaccurate or incomplete information to the department of licensing when making a registration application; or

(d) Represent that a person is registered or that such person has a valid registration number when such person does not.

(5) An annual registration fee shall be assessed by the department of licensing, the amount of which shall be determined at the discretion of the director of the department of licensing, and which shall be reasonably related to the cost of administering the provisions of this chapter.

(7) The department shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

Sec. 74. RCW 19.166.040 and 1995 c 60 s 2 are each amended to read as follows:

(1) An application for registration as an international student exchange visitor placement organization shall be submitted in the form prescribed by the secretary of state. The application shall include:

(a) Evidence that the organization meets the standards established by the secretary of state under RCW 19.166.050;

(b) The name, address, and telephone number of the organization, its chief executive officer, and the person within the organization who has primary responsibility for supervising placements within the state;

(d) The organization's United States Information Agency number, if any;

(e) Evidence of council on standards for international educational travel listing, if any;

(f) Whether the organization is exempt from federal income tax; and

(g) A list of the organization's placements in Washington for the previous academic year including the number of students placed, their home countries, the school districts in which they were placed, and the length of their placements.

(2) The application shall be signed by the chief executive officer of the organization and the person within the organization who has primary responsibility for supervising placements within Washington. If the secretary of state determines that the application is complete, the secretary of state shall file the application and the applicant is registered.

(3) International student exchange visitor placement organizations that have registered shall inform the secretary of state of any changes in the information required under subsection (1) of this section within thirty days of the change.

(4) Registration shall be renewed annually as established by rule by the office of the secretary of state.

(6) The office of the secretary of state shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the office of the secretary of state's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

NEW SECTION. Sec. 75. A new section is added to chapter 20.01 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 76. RCW 21.20.070 and 1981 c 272 s 2 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, if no denial order is in effect and no proceeding is pending under RCW 21.20.110, registration becomes effective when the applicant has successfully passed a written examination as prescribed by rule or order of the director with the advice of the advisory committee, or has satisfactorily demonstrated that the applicant is exempt from the written examination requirements of this section.

Sec. 77. RCW 21.20.110 and 1994 c 256 s 10 are each amended to read as follows:

The director may by order deny, suspend, or revoke registration of any broker-dealer, salesperson, investment adviser representative, or investment adviser; censure or fine the registrant or an officer, director, partner, or person occupying similar functions for a registrant; or restrict or limit a registrant's function or activity of business for which registration is required in this state; if the director finds that the order is in the public interest and that the applicant or registrant or, in the case of a broker-dealer or investment adviser, any partner, officer, or director:

(1) Has filed an application for registration under this section which, as of its effective date, or as of any date after filing in the case of an order denying effectiveness, was incomplete in any material respect or contained any statement which was, in the light of the circumstances under which it was made, false, or misleading with respect to any material fact;

(2) Has willfully violated or willfully failed to comply with any provision of this chapter or a predecessor act or any rule or order under this chapter or a predecessor act, or any provision of chapter 21.30 RCW or any rule or order thereunder;

(3) Has been convicted, within the past five years, of any misdemeanor involving a security, or a commodity contract or commodity option as defined in RCW 21.30.010, or any aspect of the securities or investment commodities business, or any felony involving moral turpitude;

(4) Is permanently or temporarily enjoined by any court of competent jurisdiction from engaging in or continuing any conduct or practice involving any aspect of the securities or investment commodities business;

(5) Is the subject of an order of the director denying, suspending, or revoking registration as a broker-dealer, salesperson, investment adviser, or investment adviser representative;

(6) Is the subject of an order entered within the past five years by the securities administrator of any other state or by the federal securities and exchange commission denying or revoking registration as a broker-dealer or salesperson, or a commodity broker-dealer or sales representative, or the substantial equivalent of those terms as defined in this chapter or by the commodity futures trading commission denying or revoking registration as a commodity merchant as defined in RCW 21.30.010, or is the subject of an order of suspension or expulsion from membership in or association with a self-regulatory organization registered under the securities exchange act of 1934 or the federal commodity exchange act, or is the subject of a United States post office fraud order; but (a) the director may not institute a revocation or suspension proceeding under this clause more than one year from the date of the order relied on, and (b) the director may not enter any order under this clause on the basis of an order unless that order was based on facts which would currently constitute a ground for an order under this section;

(7) Has engaged in dishonest or unethical practices in the securities or investment commodities business;

(8) Is insolvent, either in the sense that his or her liabilities exceed his or her assets or in the sense that he or she cannot meet his or her obligations as they mature; but the director may not enter an order against a broker-dealer or investment adviser under this clause without a finding of insolvency as to the broker-dealer or investment adviser;

(9) Has not complied with a condition imposed by the director under RCW 21.20.100, or is not qualified on the basis of such factors as training, experience, or knowledge of the securities business; or

(10)(a) Has failed to supervise reasonably a salesperson or an investment adviser representative. For the purposes of this subsection, no person fails to supervise reasonably another person, if:

(i) There are established procedures, and a system for applying those procedures, that would reasonably be expected to prevent and detect, insofar as practicable, any violation by another person of this chapter, or a rule or order under this chapter; and

(ii) The supervising person has reasonably discharged the duties and obligations required by these procedures and system without reasonable cause to believe that another person was violating this chapter or rules or orders under this chapter.

(b) The director may issue a summary order pending final determination of a proceeding under this section upon a finding that it is in the public interest and necessary or appropriate for the protection of investors. The director may not impose a fine under this section except after notice and opportunity for hearing. The fine imposed under this section may not exceed five thousand dollars for each act or omission that constitutes the basis for issuing the order.

NEW SECTION. Sec. 78. A new section is added to chapter 48.17 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The commissioner shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the commissioner's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

NEW SECTION. Sec. 79. A new section is added to chapter 74.15 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The secretary shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the secretary's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

NEW SECTION. Sec. 80. A new section is added to chapter 47.68 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

NEW SECTION. Sec. 81. A new section is added to chapter 71.12 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The department of health shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department of health's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

Sec. 82. RCW 66.20.320 and 1995 c 51 s 4 are each amended to read as follows:

(1) The board shall regulate a required alcohol server education program that includes:

(a) Development of the curriculum and materials for the education program;

(b) Examination and examination procedures;

(d) The curriculum for an approved class 12 alcohol permit training program that includes but is not limited to the following subjects:

(i) The physiological effects of alcohol including the effects of alcohol in combination with drugs;

(ii) Liability and legal information;

(iii) Driving while intoxicated;

(iv) Intervention with the problem customer, including ways to stop service, ways to deal with the belligerent customer, and alternative means of transportation to get the customer safely home;

(v) Methods for checking proper identification of customers;

(vi) Nationally recognized programs, such as TAM (Techniques in Alcohol Management) and TIPS (Training for Intervention Programs) modified to include Washington laws and regulations.

(2) The board shall provide the program through liquor licensee associations, independent contractors, private persons, private or public schools certified by the board, or any combination of such providers.

(3) Except as provided in section 84 of this act, each training entity shall provide a class 12 permit to the manager or bartender who has successfully completed a course the board has certified. A list of the individuals receiving the class 12 permit shall be forwarded to the board on the completion of each course given by the training entity.

(4) After July 1, 1996, the board shall require all alcohol servers applying for a class 13 alcohol server permit to view a video training session. Retail liquor licensees shall fully compensate employees for the time spent participating in this training session.

(5) When requested by a retail liquor licensee, the board shall provide copies of videotaped training programs that have been produced by private vendors and make them available for a nominal fee to cover the cost of purchasing and shipment, with the fees being deposited in the liquor revolving fund for distribution to the board as needed.

(6) Each training entity may provide the board with a video program of not less than one hour that covers the subjects in subsection (1)(d) (i) through (v) of this section that will be made available to a licensee for the training of a class 13 alcohol server.

(7) Except as provided in section 84 of this act, applicants shall be given a class 13 permit upon the successful completion of the program.

(8) A list of the individuals receiving the class 13 permit shall be forwarded to the board on the completion of each video training program.

(9) The board shall develop a model permit for the class 12 and 13 permits. The board may provide such permits to training entities or licensees for a nominal cost to cover production.

(10) Persons who have completed a nationally recognized alcohol management or intervention program since July 1, 1993, may be issued a class 12 or 13 permit upon providing proof of completion of such training to the board.

NEW SECTION. Sec. 83. A new section is added to chapter 66.20 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The board shall immediately suspend the license of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the board's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

NEW SECTION. Sec. 84. A new section is added to chapter 66.24 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

NEW SECTION. Sec. 85. A new section is added to chapter 88.02 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a vessel registration or a vessel dealer's registration under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of registration under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The department shall immediately suspend the vessel registration or vessel dealer's registration of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the registration shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

Sec. 86. RCW 67.08.040 and 1993 c 278 s 14 are each amended to read as follows:

Except as provided in RCW 67.08.100, upon the approval by the department of any application for a license, as hereinabove provided, and the filing of the bond the department shall forthwith issue such license.

Sec. 87. RCW 67.08.100 and 1993 c 278 s 20 are each amended to read as follows:

(1) The department may grant annual licenses upon application in compliance with the rules and regulations prescribed by the director, and the payment of the fees, the amount of which is to be set by the director in accordance with RCW 43.24.086, prescribed to promoters, managers, referees, boxers, wrestlers, and seconds: PROVIDED, That the provisions of this section shall not apply to contestants or participants in strictly amateur contests and/or fraternal organizations and/or veterans' organizations chartered by congress or the defense department or any bona fide athletic club which is a member of the Pacific northwest association of the amateur athletic union of the United States, holding and promoting athletic contests and where all funds are used primarily for the benefit of their members.

(2) Any such license may be revoked by the department for any cause which it shall deem sufficient.

(3) No person shall participate or serve in any of the above capacities unless licensed as provided in this chapter.

(4) The referee for any boxing contest shall be designated by the department from among such licensed referees.

(5) The referee for any wrestling exhibition or show shall be provided by the promoter and licensed by the department.

Sec. 88. RCW 19.02.100 and 1991 c 72 s 8 are each amended to read as follows:

(1) The department shall not issue or renew a master license to any person if:

(a) The person does not have a valid tax registration, if required;

(b) The person is a corporation delinquent in fees or penalties owing to the secretary of state or is not validly registered under Title 23B RCW, chapter 18.100 RCW, Title 24 RCW, and any other statute now or hereafter adopted which gives corporate or business licensing responsibilities to the secretary of state; ((or))

(c) The person has not submitted the sum of all fees and deposits required for the requested individual license endorsements, any outstanding master license delinquency fee, or other fees and penalties to be collected through the system; or

(d) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) Nothing in this section shall prevent registration by the state of an employer for the purpose of paying an employee of that employer industrial insurance or unemployment insurance benefits.

Sec. 89. RCW 43.24.080 and 1979 c 158 s 99 are each amended to read as follows:

Except as provided in section 92 of this act, at the close of each examination the department of licensing shall prepare the proper licenses, where no further fee is required to be paid, and issue licenses to the successful applicants signed by the director and notify all successful applicants, where a further fee is required, of the fact that they are entitled to receive such license upon the payment of such further fee to the department of licensing and notify all applicants who have failed to pass the examination of that fact.

Sec. 90. RCW 43.24.110 and 1986 c 259 s 149 are each amended to read as follows:

Except as provided in section 92 of this act, whenever there is filed in a matter under the jurisdiction of the director of licensing any complaint charging that the holder of a license has been guilty of any act or omission which by the provisions of the law under which the license was issued would warrant the revocation thereof, verified in the manner provided by law, the director of licensing shall request the governor to appoint, and the governor shall appoint within thirty days of the request, two qualified practitioners of the profession or calling of the person charged, who, with the director or his duly appointed representative, shall constitute a committee to hear and determine the charges and, in case the charges are sustained, impose the penalty provided by law. In addition, the governor shall appoint a consumer member of the committee.

The decision of any three members of such committee shall be the decision of the committee.

The appointed members of the committee shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for their travel expenses, in accordance with RCW 43.03.050 and 43.03.060.

Sec. 91. RCW 43.24.120 and 1987 c 202 s 212 are each amended to read as follows:

Except as provided in section 92 of this act, any person feeling aggrieved by the refusal of the director to issue a license, or to renew one, or by the revocation or suspension of a license shall have a right of appeal to superior court from the decision of the director of licensing, which shall be taken, prosecuted, heard, and determined in the manner provided in chapter 34.05 RCW.

The decision of the superior court may be reviewed by the supreme court or the court of appeals in the same manner as other civil cases.

NEW SECTION. Sec. 92. A new section is added to chapter 43.24 RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license by the department of licensing. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of registration under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(2) The department shall immediately suspend any license issued by the department of licensing of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

Sec. 93. RCW 70.74.110 and 1988 c 198 s 5 are each amended to read as follows:

All persons engaged in the manufacture of explosives, or any process involving explosives, or where explosives are used as a component part in the manufacture of any article or device, on ((the date when this 1969 amendatory act takes effect)) August 11, 1969, shall within sixty days thereafter, and all persons engaging in the manufacture of explosives, or any process involving explosives, or where explosives are used as a component part in the manufacture of any article or device after ((this act takes effect)) August 11, 1969, shall, before so engaging, make an application in writing, subscribed to by such person or his agent, to the department of labor and industries, the application stating:

(1) Location of place of manufacture or processing;

(2) Kind of explosives manufactured, processed or used;

(3) The distance that such explosives manufacturing building is located or intended to be located from the other factory buildings, magazines, inhabited buildings, railroads and highways and public utility transmission systems;

(4) The name and address of the applicant;

(5) The reason for desiring to manufacture explosives;

(6) The applicant's citizenship, if the applicant is an individual;

(7) If the applicant is a partnership, the names and addresses of the partners, and their citizenship;

(8) If the applicant is an association or corporation, the names and addresses of the officers and directors thereof, and their citizenship; and

(9) Such other pertinent information as the director of labor and industries shall require to effectuate the purpose of this chapter.

There shall be kept in the main office on the premises of each explosives manufacturing plant a plan of said plant showing the location of all explosives manufacturing buildings and the distance they are located from other factory buildings where persons are employed and from magazines, and these plans shall at all times be open to inspection by duly authorized inspectors of the department of labor and industries. The superintendent of each plant shall upon demand of said inspector furnish the following information:

(a) The maximum amount and kind of explosive material which is or will be present in each building at one time.

(b) The nature and kind of work carried on in each building and whether or not said buildings are surrounded by natural or artificial barricades.

Except as provided in RCW 70.74.135, 70.74.360, and 70.74.370, the department of labor and industries shall as soon as possible after receiving such application cause an inspection to be made of the explosives manufacturing plant, and if found to be in accordance with RCW 70.74.030 and 70.74.050 and 70.74.061, such department shall issue a license to the person applying therefor showing compliance with the provisions of this chapter if the applicant demonstrates that either the applicant or the officers, agents or employees of the applicant are sufficiently experienced in the manufacture of explosives and the applicant meets the qualifications for a license under RCW 70.74.360. Such license shall continue in full force and effect until expired, suspended, or revoked by the department pursuant to this chapter.

Sec. 94. RCW 70.74.130 and 1988 c 198 s 7 are each amended to read as follows:

Every person desiring to engage in the business of dealing in explosives shall apply to the department of labor and industries for a license therefor. Said application shall state, among other things:

(1) The name and address of applicant;

(2) The reason for desiring to engage in the business of dealing in explosives;

(3) Citizenship, if an individual applicant;

(4) If a partnership, the names and addresses of the partners and their citizenship;

(5) If an association or corporation, the names and addresses of the officers and directors thereof and their citizenship; and

(6) Such other pertinent information as the director of labor and industries shall require to effectuate the purpose of this chapter.

Except as provided in RCW 70.74.135, 70.74.360, and 70.74.370, the department of labor and industries shall issue the license if the applicant demonstrates that either the applicant or the principal officers, agents, or employees of the applicant are experienced in the business of dealing in explosives, possess suitable facilities therefor, have not been convicted of any crime that would warrant revocation or nonrenewal of a license under this chapter, and have never had an explosives-related license revoked under this chapter or under similar provisions of any other state.

Sec. 95. RCW 70.74.135 and 1988 c 198 s 8 are each amended to read as follows:

All persons desiring to purchase explosives except handloader components shall apply to the department of labor and industries for a license. Said application shall state, among other things:

(1) The location where explosives are to be used;

(2) The kind and amount of explosives to be used;

(3) The name and address of the applicant;

(4) The reason for desiring to use explosives;

(5) The citizenship of the applicant if the applicant is an individual;

(6) If the applicant is a partnership, the names and addresses of the partners and their citizenship;

(7) If the applicant is an association or corporation, the names and addresses of the officers and directors thereof and their citizenship; and

(8) Such other pertinent information as the director of the department of labor and industries shall require to effectuate the purpose of this chapter.

The department of labor and industries shall issue the license if the applicant demonstrates that either the applicant or the officers, agents or employees of the applicant are sufficiently experienced in the use of explosives to authorize a purchase license. However, no purchaser's license may be issued to any person who cannot document proof of possession or right to use approved and licensed storage facilities unless the person signs a statement certifying that explosives will not be stored. No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 96. RCW 70.74.360 and 1988 c 198 s 3 are each amended to read as follows:

(1) The director of labor and industries shall require, as a condition precedent to the original issuance or renewal of any explosive license, fingerprinting and criminal history record information checks of every applicant. In the case of a corporation, fingerprinting and criminal history record information checks shall be required for the management officials directly responsible for the operations where explosives are used if such persons have not previously had their fingerprints recorded with the department of labor and industries. In the case of a partnership, fingerprinting and criminal history record information checks shall required of all general partners. Such fingerprints as are required by the department of labor and industries shall be submitted on forms provided by the department to the identification section of the Washington state patrol and to the identification division of the federal bureau of investigation in order that these agencies may search their records for prior convictions of the individuals fingerprinted. The Washington state patrol shall provide to the director of labor and industries such criminal record information as the director may request. The applicant shall give full cooperation to the department of labor and industries and shall assist the department of labor and industries in all aspects of the fingerprinting and criminal history record information check. The applicant may be required to pay a fee not to exceed twenty dollars to the agency that performs the fingerprinting and criminal history process.

(2) The director of labor and industries shall not issue a license to manufacture, purchase, store, use, or deal with explosives to:

(a) Any person under twenty-one years of age;

(b) Any person whose license is suspended or whose license has been revoked, except as provided in RCW 70.74.370;

(c) Any person who has been convicted in this state or elsewhere of a violent offense as defined in RCW 9.94A.030, perjury, false swearing, or bomb threats or a crime involving a schedule I or II controlled substance, or any other drug or alcohol related offense, unless such other drug or alcohol related offense does not reflect a drug or alcohol dependency. However, the director of labor and industries may issue a license if the person suffering a drug or alcohol related dependency is participating in or has completed an alcohol or drug recovery program acceptable to the department of labor and industries and has established control of their alcohol or drug dependency. The director of labor and industries shall require the applicant to provide proof of such participation and control; ((or))

(d) Any person who has previously been adjudged to be mentally ill or insane, or to be incompetent due to any mental disability or disease and who has not at the time of application been restored to competency ; or

(e) Any person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the director of labor and industries with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(3) The director of labor and industries may establish reasonable licensing fees for the manufacture, dealing, purchase, use, and storage of explosives.

Sec. 97. RCW 70.74.370 and 1988 c 198 s 4 are each amended to read as follows:

(1) The department of labor and industries shall revoke and not renew the license of any person holding a manufacturer, dealer, purchaser, user, or storage license upon conviction of any of the following offenses, which conviction has become final:

(a) A violent offense as defined in RCW 9.94A.030;

(b) A crime involving perjury or false swearing, including the making of a false affidavit or statement under oath to the department of labor and industries in an application or report made pursuant to this title;

(d) A crime involving a schedule I or II controlled substance, or any other drug or alcohol related offense, unless such other drug or alcohol related offense does not reflect a drug or alcohol dependency. However, the department of labor and industries may condition renewal of the license to any convicted person suffering a drug or alcohol dependency who is participating in an alcoholism or drug recovery program acceptable to the department of labor and industries and has established control of their alcohol or drug dependency. The department of labor and industries shall require the licensee to provide proof of such participation and control;

(e) A crime relating to possession, use, transfer, or sale of explosives under this chapter or any other chapter of the Revised Code of Washington.

(2) The department of labor and industries shall revoke the license of any person adjudged to be mentally ill or insane, or to be incompetent due to any mental disability or disease. The director shall not renew the license until the person has been restored to competency.

(3) The department of labor and industries is authorized to suspend, for a period of time not to exceed six months, the license of any person who has violated this chapter or the rules promulgated pursuant to this chapter.

(4) The department of labor and industries may revoke the license of any person who has repeatedly violated this chapter or the rules promulgated pursuant to this chapter, or who has twice had his or her license suspended under this chapter.

(5) The department of labor and industries shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department of labor and industries' receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

(6) Upon receipt of notification by the department of labor and industries of revocation or suspension, a licensee must surrender immediately to the department any or all such licenses revoked or suspended.

Sec. 98. RCW 66.24.010 and 1995 c 232 s 1 are each amended to read as follows:

(1) Every license shall be issued in the name of the applicant, and the holder thereof shall not allow any other person to use the license.

(2) For the purpose of considering any application for a license, the board may cause an inspection of the premises to be made, and may inquire into all matters in connection with the construction and operation of the premises. For the purpose of reviewing any application for a license and for considering the denial, suspension or revocation of any license, the liquor control board may consider any prior criminal conduct of the applicant and the provisions of RCW 9.95.240 and of chapter 9.96A RCW shall not apply to such cases. The board may, in its discretion, grant or refuse the license applied for. Authority to approve an uncontested or unopposed license may be granted by the board to any staff member the board designates in writing. Conditions for granting such authority shall be adopted by rule. No retail license of any kind may be issued to:

(a) A person who has not resided in the state for at least one month prior to making application, except in cases of licenses issued to dining places on railroads, boats, or aircraft;

(b) A copartnership, unless all of the members thereof are qualified to obtain a license, as provided in this section;

(c) A person whose place of business is conducted by a manager or agent, unless such manager or agent possesses the same qualifications required of the licensee;

(d) A corporation, unless it was created under the laws of the state of Washington or holds a certificate of authority to transact business in the state of Washington; or

(e) Any person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the board with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(3)(a) The board may, in its discretion, subject to the provisions of RCW 66.08.150, suspend or cancel any license; and all rights of the licensee to keep or sell liquor thereunder shall be suspended or terminated, as the case may be.

(b) The board shall immediately suspend the license or certificate of a person who either (i) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (ii) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the board's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

(c) The board may request the appointment of administrative law judges under chapter 34.12 RCW who shall have power to administer oaths, issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, documents, and testimony, examine witnesses, and to receive testimony in any inquiry, investigation, hearing, or proceeding in any part of the state, under such rules and regulations as the board may adopt.

(d) Witnesses shall be allowed fees and mileage each way to and from any such inquiry, investigation, hearing, or proceeding at the rate authorized by RCW 34.05.446, as now or hereafter amended. Fees need not be paid in advance of appearance of witnesses to testify or to produce books, records, or other legal evidence.

(e) In case of disobedience of any person to comply with the order of the board or a subpoena issued by the board, or any of its members, or administrative law judges, or on the refusal of a witness to testify to any matter regarding which he or she may be lawfully interrogated, the judge of the superior court of the county in which the person resides, on application of any member of the board or administrative law judge, shall compel obedience by contempt proceedings, as in the case of disobedience of the requirements of a subpoena issued from said court or a refusal to testify therein.

(4) Upon receipt of notice of the suspension or cancellation of a license, the licensee shall forthwith deliver up the license to the board. Where the license has been suspended only, the board shall return the license to the licensee at the expiration or termination of the period of suspension. The board shall notify all vendors in the city or place where the licensee has its premises of the suspension or cancellation of the license; and no employee may allow or cause any liquor to be delivered to or for any person at the premises of that licensee.

(5)(a) At the time of the original issuance of a class H license, the board shall prorate the license fee charged to the new licensee according to the number of calendar quarters, or portion thereof, remaining until the first renewal of that license is required.

(b) Unless sooner canceled, every license issued by the board shall expire at midnight of the thirtieth day of June of the fiscal year for which it was issued. However, if the board deems it feasible and desirable to do so, it may establish, by rule pursuant to chapter 34.05 RCW, a system for staggering the annual renewal dates for any and all licenses authorized by this chapter. If such a system of staggered annual renewal dates is established by the board, the license fees provided by this chapter shall be appropriately prorated during the first year that the system is in effect.

(6) Every license issued under this section shall be subject to all conditions and restrictions imposed by this title or by the regulations in force from time to time. All conditions and restrictions imposed by the board in the issuance of an individual license shall be listed on the face of the individual license along with the trade name, address, and expiration date.

(7) Every licensee shall post and keep posted its license, or licenses, in a conspicuous place on the premises.

(8) Before the board shall issue a license to an applicant it shall give notice of such application to the chief executive officer of the incorporated city or town, if the application be for a license within an incorporated city or town, or to the county legislative authority, if the application be for a license outside the boundaries of incorporated cities or towns; and such incorporated city or town, through the official or employee selected by it, or the county legislative authority or the official or employee selected by it, shall have the right to file with the board within twenty days after date of transmittal of such notice, written objections against the applicant or against the premises for which the license is asked, and shall include with such objections a statement of all facts upon which such objections are based, and in case written objections are filed, may request and the liquor control board may in its discretion hold a formal hearing subject to the applicable provisions of Title 34 RCW. Upon the granting of a license under this title the board shall send a duplicate of the license or written notification to the chief executive officer of the incorporated city or town in which the license is granted, or to the county legislative authority if the license is granted outside the boundaries of incorporated cities or towns.

(9) Before the board issues any license to any applicant, it shall give (a) due consideration to the location of the business to be conducted under such license with respect to the proximity of churches, schools, and public institutions and (b) written notice by certified mail of the application to churches, schools, and public institutions within five hundred feet of the premises to be licensed. The board shall issue no beer retailer license class A, B, D, or E or wine retailer license class C or F or class H license covering any premises not now licensed, if such premises are within five hundred feet of the premises of any tax-supported public elementary or secondary school measured along the most direct route over or across established public walks, streets, or other public passageway from the outer property line of the school grounds to the nearest public entrance of the premises proposed for license, and if, after receipt by the school or public institution of the notice as provided in this subsection, the board receives written notice, within twenty days after posting such notice, from an official representative or representatives of the school within five hundred feet of said proposed licensed premises, indicating to the board that there is an objection to the issuance of such license because of proximity to a school. For the purpose of this section, church shall mean a building erected for and used exclusively for religious worship and schooling or other activity in connection therewith. No liquor license may be issued or reissued by the board to any motor sports facility or licensee operating within the motor sports facility unless the motor sports facility enforces a program reasonably calculated to prevent alcohol or alcoholic beverages not purchased within the facility from entering the facility and such program is approved by local law enforcement agencies. It is the intent under this subsection that a retail license shall not be issued by the board where doing so would, in the judgment of the board, adversely affect a private school meeting the requirements for private schools under Title 28A RCW, which school is within five hundred feet of the proposed licensee. The board shall fully consider and give substantial weight to objections filed by private schools. If a license is issued despite the proximity of a private school, the board shall state in a letter addressed to the private school the board's reasons for issuing the license.

(10) The restrictions set forth in subsection (9) of this section shall not prohibit the board from authorizing the assumption of existing licenses now located within the restricted area by other persons or licenses or relocations of existing licensed premises within the restricted area. In no case may the licensed premises be moved closer to a church or school than it was before the assumption or relocation.

(11) Nothing in this section prohibits the board, in its discretion, from issuing a temporary retail or wholesaler license to an applicant assuming an existing retail or wholesaler license to continue the operation of the retail or wholesaler premises during the period the application for the license is pending and when the following conditions exist:

(a) The licensed premises has been operated under a retail or wholesaler license within ninety days of the date of filing the application for a temporary license;

(b) The retail or wholesaler license for the premises has been surrendered pursuant to issuance of a temporary operating license;

(c) The applicant for the temporary license has filed with the board an application to assume the retail or wholesaler license at such premises to himself or herself; and

(d) The application for a temporary license is accompanied by a temporary license fee established by the board by rule.

A temporary license issued by the board under this section shall be for a period not to exceed sixty days. A temporary license may be extended at the discretion of the board for an additional sixty-day period upon payment of an additional fee and upon compliance with all conditions required in this section.

Refusal by the board to issue or extend a temporary license shall not entitle the applicant to request a hearing. A temporary license may be canceled or suspended summarily at any time if the board determines that good cause for cancellation or suspension exists. RCW 66.08.130 and chapter 34.05 RCW shall apply to temporary licenses.

Application for a temporary license shall be on such form as the board shall prescribe. If an application for a temporary license is withdrawn before issuance or is refused by the board, the fee which accompanied such application shall be refunded in full.

Sec. 99. RCW 43.63B.040 and 1994 c 284 s 19 are each amended to read as follows:

(1) The department shall issue a certificate of manufactured home installation to an applicant who has taken the training course, passed the examination, paid the fees, and in all other respects ((meet[s])) meets the qualifications. The certificate shall bear the date of issuance, a certification identification number, and is renewable every three years upon application and completion of a continuing education program as determined by the department. A renewal fee shall be assessed for each certificate. If a person fails to renew a certificate by the renewal date, the person must retake the examination and pay the examination fee.

(2) The certificate of manufactured home installation provided for in this chapter grants the holder the right to engage in manufactured home installation throughout the state, without any other installer certification.

(4) The department shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

Sec. 100. RCW 70.95D.040 and 1989 c 431 s 68 are each amended to read as follows:

(1) The department shall establish a process to certify incinerator and landfill operators. To the greatest extent possible, the department shall rely on the certification standards and procedures developed by national organizations and the federal government.

(2) Operators shall be certified if they:

(a) Attend the required training sessions;

(b) Successfully complete required examinations; and

(3) By January 1, 1991, the department shall adopt rules to require incinerator and appropriate landfill operators to:

(a) Attend a training session concerning the operation of the relevant type of landfill or incinerator;

(b) Demonstrate sufficient skill and competency for proper operation of the incinerator or landfill by successfully completing an examination prepared by the department; and

(4) The department shall provide for the collection of fees for the issuance and renewal of certificates. These fees shall be sufficient to recover the costs of the certification program.

(5) The department shall establish an appeals process for the denial or revocation of a certificate.

(6) The department shall establish a process to automatically certify operators who have received comparable certification from another state, the federal government, a local government, or a professional association.

(7) Upon July 23, 1989, and prior to January 1, 1992, the owner or operator of an incinerator or landfill may apply to the department for interim certification. Operators shall receive interim certification if they:

(a) Have received training provided by a recognized national organization, educational institution, or the federal government that is acceptable to the department; or

(b) Have received individualized training in a manner approved by the department; and

(8) No interim certification shall be valid after January 1, 1992, and interim certification shall not automatically qualify operators for certification pursuant to subsections (2) through (4) of this section.

(10) The department shall immediately suspend the license or certificate of a person who either (a) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (b) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

NEW SECTION. Sec. 101. A new section is added to chapter 70.95B RCW to read as follows:

(1) No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 102. RCW 17.21.130 and 1994 c 283 s 15 are each amended to read as follows:

Any license, permit, or certification provided for in this chapter may be revoked or suspended, and any license, permit, or certification application may be denied by the director for cause. If the director suspends a license under this chapter with respect to activity of a continuing nature under chapter 34.05 RCW, the director may elect to suspend the license for a subsequent license year during a period that coincides with the period commencing thirty days before and ending thirty days after the date of the incident or incidents giving rise to the violation.

The director shall immediately suspend the license or certificate of a person who either (1) has been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (2) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services or a court stating that the licensee is in compliance with the order.

Sec. 103. RCW 17.21.132 and 1994 c 283 s 16 are each amended to read as follows:

Any person applying for a license or certification authorized under the provisions of this chapter shall file an application on a form prescribed by the director.

(1) The application shall state the license or certification and the classification(s) for which the applicant is applying and the method in which the pesticides are to be applied.

(2) For all classes of licenses except private applicator, all applicants shall be at least eighteen years of age on the date that the application is made. Applicants for a private pesticide applicator license shall be at least sixteen years of age on the date that the application is made.

(3) Application for a license to apply pesticides shall be accompanied by the required fee. No license may be issued until the required license fee has been received by the department. License fees shall be prorated where necessary to accommodate staggering of expiration dates of a license or licenses.

(4) Each classification of license issued under this chapter shall expire annually on a date set by rule by the director. License expiration dates may be staggered for administrative purposes. Renewal applications shall be filed on or before the applicable expiration date.

No person who has been certified by the department of social and health services as a person who is not in compliance with a support order as provided in section 2 of this act, or is certified by a court as a person who is not in compliance with a residential or visitation order as provided in section 107 of this act may be issued a license or certificate under this chapter. The application of a person so certified by the department of social and health services or by a court may be reviewed for issuance of a license or certificate under this chapter after the person provides the department with a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

Sec. 104. RCW 64.44.060 and 1990 c 213 s 7 are each amended to read as follows:

(1) After January 1, 1991, a contractor may not perform decontamination, demolition, or disposal work unless issued a certificate by the state department of health. The department shall establish performance standards for contractors by rule in accordance with chapter 34.05 RCW, the administrative procedure act. The department shall train and test, or may approve courses to train and test, contractors and their employees on the essential elements in assessing property used as an illegal drug manufacturing or storage site to determine hazard reduction measures needed, techniques for adequately reducing contaminants, use of personal protective equipment, methods for proper demolition, removal, and disposal of contaminated property, and relevant federal and state regulations. Upon successful completion of the training, the contractor or employee shall be certified.

(2) The department may require the successful completion of annual refresher courses provided or approved by the department for the continued certification of the contractor or employee.

(3) The department shall provide for reciprocal certification of any individual trained to engage in decontamination, demolition, or disposal work in another state when the prior training is shown to be substantially similar to the training required by the department. The department may require such individuals to take an examination or refresher course before certification.

(4) The department may deny, suspend, or revoke a certificate for failure to comply with the requirements of this chapter or any rule adopted pursuant to this chapter. A certificate may be denied, suspended, or revoked on any of the following grounds:

(a) Failing to perform decontamination, demolition, or disposal work under the supervision of trained personnel;

(b) Failing to file a work plan;

(d) Failing to perform work that meets the requirements of the department; ((or))

(e) The certificate was obtained by error, misrepresentation, or fraud; or

(f) If the person has either (i) been certified pursuant to section 2 of this act by the department of social and health services as a person who is not in compliance with a support order, or (ii) has been certified pursuant to section 107 of this act by a court as a person who is not in compliance with a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services or a court stating that the person is in compliance with the order.

(6) A contractor who violates any provision of this chapter may be assessed a fine not to exceed five hundred dollars for each violation.

(((6))) (7) The department of health shall prescribe fees as provided for in RCW 43.70.250 for the issuance and renewal of certificates, the administration of examinations, and for the review of training courses.

(((7))) (8) The decontamination account is hereby established in the state treasury. All fees collected under this chapter shall be deposited in this account. Moneys in the account may only be spent after appropriation for costs incurred by the department in the administration and enforcement of this chapter.

Sec. 105. RCW 19.146.210 and 1994 c 33 s 10 are each amended to read as follows:

(1) The director shall issue and deliver a mortgage broker license to an applicant if, after investigation, the director makes the following findings:

(a) The applicant has paid the required license fees;

(b) The applicant has complied with RCW 19.146.205;

(c) Neither the applicant nor any of its principals has had a license issued under this chapter or any similar state statute suspended or revoked within five years of the filing of the present application;

(d) Neither the applicant nor any of its principals has been convicted of a gross misdemeanor involving dishonesty or financial misconduct or a felony within seven years of the filing of the present application;

(e) Either the applicant or one of its principals, who may be designated by the applicant, (i) has at least two years of experience in the residential mortgage loan industry or has completed the educational requirements established by rule of the director and (ii) has passed a written examination whose content shall be established by rule of the director; and

(f) The applicant has demonstrated financial responsibility, character, and general fitness such as to command the confidence of the community and to warrant a belief that the business will be operated honestly, fairly, and efficiently within the purposes of this chapter.

(2) If the director does not find the conditions of subsection (1) of this section have been met, the director shall not issue the license. The director shall notify the applicant of the denial and return to the applicant the bond or approved alternative and any remaining portion of the license fee that exceeds the department's actual cost to investigate the license.

(4) The director shall issue a license under this chapter to any licensee issued a license under chapter 468, Laws of 1993, that has a valid license and is otherwise in compliance with the provisions of this chapter.

(((4))) (5) A license issued pursuant to this chapter is valid from the date of issuance with no fixed date of expiration.

(((5))) (6) A licensee may surrender a license by delivering to the director written notice of surrender, but the surrender does not affect the licensee's civil or criminal liability arising from acts or omissions occurring before such surrender.

Sec. 106. RCW 19.146.220 and 1994 c 33 s 12 are each amended to read as follows:

(1) The director shall enforce all laws and rules relating to the licensing of mortgage brokers, grant or deny licenses to mortgage brokers, and hold hearings. The director may impose any one or more of the following sanctions:

(a) Suspend or revoke licenses, deny applications for licenses, or impose penalties upon violators of cease and desist orders issued under this chapter. The director may impose fines, as established by rule by the director, for violations of or failure to comply with any lawful directive, order, or requirement of the director. Each day's continuance of the violation or failure to comply is a separate and distinct violation or failure;

(b) Issue an order directing a licensee, its employee or loan originator, or other person subject to this chapter to cease and desist from conducting business in a manner that is injurious to the public or violates any provision of this chapter, or to pay restitution to an injured borrower; or

(c) Issue an order removing from office or prohibiting from participation in the conduct of the affairs of a licensed mortgage broker, or both, any officer, principal, employee, or loan originator, as the case may be, of any licensed mortgage broker.

(2) The director may take those actions specified in subsection (1) of this section if the director finds any of the following:

(a) The licensee has failed to pay a fee due the state of Washington under this chapter or, to maintain in effect the bond or approved alternative required under this chapter; or

(b) The licensee, employee or loan originator of the licensee, or person subject to the license requirements or prohibited practices of this chapter has failed to comply with any specific order or demand of the director lawfully made and directed to the licensee, employee, or loan originator of the licensee in accordance with this chapter; or

(c) The licensee, its employee or loan originator, or other person subject to this chapter has violated any provision of this chapter or a rule adopted under this chapter; or

(d) The licensee made false statements on the application or omitted material information that, if known, would have allowed the director to deny the application for the original license.

(3) The director shall establish by rule standards for licensure of applicants licensed in other jurisdictions. Every licensed mortgage broker that does not maintain a physical office within the state must maintain a registered agent within the state to receive service of any lawful process in any judicial or administrative noncriminal suit, action, or proceeding, against the licensed mortgage broker which arises under this chapter or any rule or order under this chapter, with the same force and validity as if served personally on the licensed mortgage broker. Service upon the registered agent shall be effective if the plaintiff, who may be the director in a suit, action, or proceeding instituted by him or her, sends notice of the service and a copy of the process by registered mail to the defendant or respondent at the last address of the respondent or defendant on file with the director. In any judicial action, suit, or proceeding arising under this chapter or any rule or order adopted under this chapter between the department or director and a licensed mortgage broker who does not maintain a physical office in this state, venue shall be exclusively in the superior court of Thurston county.

NEW SECTION. Sec. 107. A new section is added to chapter 26.09 RCW to read as follows:

(1) Unless the context clearly requires otherwise, the definitions in this section apply in this section.

(a) "License" means a license, certificate, registration, permit, approval, or other similar document issued by a licensing entity evidencing admission to or granting authority to engage in a profession, occupation, business, or industry.

(b) "Licensee" means any individual holding a license, certificate, registration, permit, approval, or other similar document issued by a licensing entity evidencing admission to or granting authority to engage in a profession, occupation, business, or industry.

(c) "Licensing entity" includes any department, board, commission, or other organization of the state authorized to issue, renew, suspend, or revoke a license authorizing an individual to engage in a business, occupation, profession, or industry, and the Washington state bar association.

(d) "Noncompliance with a residential or visitation order" means that a court has found the parent in contempt of court, under RCW 26.09.160 for failure to comply with a residential provision of a court-ordered parenting plan on two occasions within three years.

(e) "Residential or visitation order" means the residential schedule or visitation schedule contained in a court-ordered parenting plan.

(2) If a court determines under RCW 26.09.160 that a parent is not in compliance with a provision of a residential or visitation order under RCW 26.09.160, the court shall enter an order directed to the appropriate licensing entity certifying that the parent is not in compliance with a residential or visitation order. The order shall contain the noncomplying parent's name, address, and social security number, and shall indicate whether the obligor is believed to be a licensee who has a license, is in the process of applying for a license, or may seek renewal of a license issued directly by the licensing entity or through a board affiliated with the licensing entity. The court clerk shall forward the order to the licensing entity.

(3) The court shall set a review hearing date to determine whether the noncomplying parent becomes in compliance with the residential or visitation order. If the court determines at the review hearing that the parent is in compliance with the residential or visitation order, the court shall provide the parent with a written release stating that the parent is in compliance with the residential or visitation order. (4) Upon receipt of the court order, the licensing entity shall refuse to issue or renew a license to the licensee or shall suspend the licensee's license until the licensee provides the licensing entity with a release from the court that states the licensee is in compliance with the residential or visitation order.

Sec. 108. RCW 26.09.160 and 1991 c 367 s 4 are each amended to read as follows:

(1) The performance of parental functions and the duty to provide child support are distinct responsibilities in the care of a child. If a party fails to comply with a provision of a decree or temporary order of injunction, the obligation of the other party to make payments for support or maintenance or to permit contact with children is not suspended. An attempt by a parent, in either the negotiation or the performance of a parenting plan, to condition one aspect of the parenting plan upon another, to condition payment of child support upon an aspect of the parenting plan, to refuse to pay ordered child support, to refuse to perform the duties provided in the parenting plan, or to hinder the performance by the other parent of duties provided in the parenting plan, shall be deemed bad faith and shall be punished by the court by holding the party in contempt of court and by awarding to the aggrieved party reasonable attorneys' fees and costs incidental in bringing a motion for contempt of court.

(2)(a) A motion may be filed to initiate a contempt action to coerce a parent to comply with an order establishing residential provisions for a child. If the court finds there is reasonable cause to believe the parent has not complied with the order, the court may issue an order to show cause why the relief requested should not be granted.

(b) If, based on all the facts and circumstances, the court finds after hearing that the parent, in bad faith, has not complied with the order establishing residential provisions for the child, the court shall find the parent in contempt of court. Upon a finding of contempt, the court shall order:

(i) The noncomplying parent to provide the moving party additional time with the child. The additional time shall be equal to the time missed with the child, due to the parent's noncompliance;

(ii) The parent to pay, to the moving party, all court costs and reasonable attorneys' fees incurred as a result of the noncompliance, and any reasonable expenses incurred in locating or returning a child; and

(iii) The parent to pay, to the moving party, a civil penalty, not less than the sum of one hundred dollars.

The court may also order the parent to be imprisoned in the county jail, if the parent is presently able to comply with the provisions of the court-ordered parenting plan and is presently unwilling to comply. The parent may be imprisoned until he or she agrees to comply with the order, but in no event for more than one hundred eighty days.

(3) On a second failure within three years to comply with a residential provision of a court-ordered parenting plan, a motion may be filed to initiate contempt of court proceedings according to the procedure set forth in subsection (2) (a) and (b) of this section. On a finding of contempt under this subsection, the court shall ((order)):

(a) Order the noncomplying parent to provide the other parent or party additional time with the child. The additional time shall be twice the amount of the time missed with the child, due to the parent's noncompliance;

(b) Order the noncomplying parent to pay, to the other parent or party, all court costs and reasonable attorneys' fees incurred as a result of the noncompliance, and any reasonable expenses incurred in locating or returning a child; ((and))

(c) Order the noncomplying parent to pay, to the moving party, a civil penalty of not less than two hundred fifty dollars; and

(d) Enter an order under section 107 of this act directed to the appropriate licensing entity certifying that the parent is not in compliance with the residential schedule or visitation schedule of a permanent parenting plan.

The court may also order the parent to be imprisoned in the county jail, if the parent is presently able to comply with the provisions of the court-ordered parenting plan and is presently unwilling to comply. The parent may be imprisoned until he or she agrees to comply with the order but in no event for more than one hundred eighty days.

(4) For purposes of subsections (1), (2), and (3) of this section, the parent shall be deemed to have the present ability to comply with the order establishing residential provisions unless he or she establishes otherwise by a preponderance of the evidence. The parent shall establish a reasonable excuse for failure to comply with the residential provision of a court-ordered parenting plan by a preponderance of the evidence.

(5) Any monetary award ordered under subsections (1), (2), and (3) of this section may be enforced, by the party to whom it is awarded, in the same manner as a civil judgment.

(6) Subsections (1), (2), and (3) of this section authorize the exercise of the court's power to impose remedial sanctions for contempt of court and is in addition to any other contempt power the court may possess.

(7) Upon motion for contempt of court under subsections (1) through (3) of this section, if the court finds the motion was brought without reasonable basis, the court shall order the moving party to pay to the nonmoving party, all costs, reasonable attorneys' fees, and a civil penalty of not less than one hundred dollars.

Sec. 109. RCW 26.09.165 and 1994 c 162 s 2 are each amended to read as follows:

All court orders containing parenting plan provisions or orders of contempt, entered pursuant to RCW 26.09.160, shall include the following language:

WARNING: VIOLATION OF THE RESIDENTIAL PROVISIONS OF THIS ORDER WITH ACTUAL KNOWLEDGE OF ITS TERMS IS PUNISHABLE BY CONTEMPT OF COURT, MAY CAUSE THE VIOLATOR TO BE DENIED OR HAVE SUSPENDED OR NOT RENEWED A PROFESSIONAL, DRIVER'S, OR OTHER LICENSE, AND MAY BE A CRIMINAL OFFENSE UNDER RCW 9A.40.060(2) or 9A.40.070(2). VIOLATION OF THIS ORDER MAY SUBJECT A VIOLATOR TO ARREST.

Sec. 110. RCW 26.23.050 and 1994 c 230 s 9 are each amended to read as follows:

(1) If the office of support enforcement is providing support enforcement services under RCW 26.23.045, or if a party is applying for support enforcement services by signing the application form on the bottom of the support order, the superior court shall include in all court orders that establish or modify a support obligation:

(a) A provision that orders and directs the responsible parent to make all support payments to the Washington state support registry;

(b) A statement that a notice of payroll deduction may be issued, or other income withholding action under chapter 26.18 or 74.20A RCW may be taken, without further notice to the responsible parent at any time after entry of the court order, unless:

(i) One of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding and that withholding should be delayed until a payment is past due; or

(ii) The parties reach a written agreement that is approved by the court that provides for an alternate arrangement; ((and))

(c) A statement that the receiving parent might be required to submit an accounting of how the support is being spent to benefit the child; and

(d) A statement that the responsible parent's privileges to obtain and maintain a license, as defined in section 2 of this act, may be denied, not renewed, or suspended if the parent is not in compliance with a support order as defined in section 2 of this act.

As used in this subsection and subsection (3) of this section, "good cause not to require immediate income withholding" means a written determination of why implementing immediate wage withholding would not be in the child's best interests and, in modification cases, proof of timely payment of previously ordered support.

(2) In all other cases not under subsection (1) of this section, the court may order the responsible parent to make payments directly to the person entitled to receive the payments, to the Washington state support registry, or may order that payments be made in accordance with an alternate arrangement agreed upon by the parties.

(a) The superior court shall include in all orders under this subsection that establish or modify a support obligation:

(i) A statement that a notice of payroll deduction may be issued or other income withholding action under chapter 26.18 or 74.20A RCW may be taken, without further notice to the responsible parent at any time after entry of the court order, unless:

(A) One of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding and that withholding should be delayed until a payment is past due; or

(B) The parties reach a written agreement that is approved by the court that provides for an alternate arrangement; and

(ii) A statement that the receiving parent may be required to submit an accounting of how the support is being spent to benefit the child.

As used in this subsection, "good cause not to require immediate income withholding" is any reason that the court finds appropriate.

(b) The superior court may order immediate or delayed income withholding as follows:

(i) Immediate income withholding may be ordered if the responsible parent has earnings. If immediate income withholding is ordered under this subsection, all support payments shall be paid to the Washington state support registry. The superior court shall issue a mandatory wage assignment order as set forth in chapter 26.18 RCW when the support order is signed by the court. The parent entitled to receive the transfer payment is responsible for serving the employer with the order and for its enforcement as set forth in chapter 26.18 RCW.

(ii) If immediate income withholding is not ordered, the court shall require that income withholding be delayed until a payment is past due. The support order shall contain a statement that a notice of payroll deduction may be issued, or other income-withholding action under chapter 26.18 or 74.20A RCW may be taken, without further notice to the responsible parent, after a payment is past due.

(c) If a mandatory wage withholding order under chapter 26.18 RCW is issued under this subsection and the office of support enforcement provides support enforcement services under RCW 26.23.045, the existing wage withholding assignment is prospectively superseded upon the office of support enforcement's subsequent service of an income withholding notice.

(3) The office of administrative hearings and the department of social and health services shall require that all support obligations established as administrative orders include a provision which orders and directs that the responsible parent shall make all support payments to the Washington state support registry. All administrative orders shall also state that the responsible parent's privileges to obtain and maintain a license, as defined in section 2 of this act, may be denied, not renewed, or suspended if the parent is not in compliance with a support order as defined in section 2 of this act. All administrative orders shall also state that a notice of payroll deduction may be issued, or other income withholding action taken without further notice to the responsible parent at any time after entry of the order, unless:

(a) One of the parties demonstrates, and the presiding officer finds, that there is good cause not to require immediate income withholding; or

(b) The parties reach a written agreement that is approved by the presiding officer that provides for an alternate agreement.

(4) If the support order does not include the provision ordering and directing that all payments be made to the Washington state support registry and a statement that a notice of payroll deduction may be issued if a support payment is past due or at any time after the entry of the order, or that a parent's licensing privileges may be denied, not renewed, or suspended, the office of support enforcement may serve a notice on the responsible parent stating such requirements and authorizations. Service may be by personal service or any form of mail requiring a return receipt.

(5) Every support order shall state:

(a) The address where the support payment is to be sent;

(b) That a notice of payroll deduction may be issued or other income withholding action under chapter 26.18 or 74.20A RCW may be taken, without further notice to the responsible parent at any time after entry of an order by the court, unless:

(i) One of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding; or

(ii) The parties reach a written agreement that is approved by the court that provides for an alternate arrangement;

(c) The income of the parties, if known, or that their income is unknown and the income upon which the support award is based;

(d) The support award as a sum certain amount;

(e) The specific day or date on which the support payment is due;

(f) The social security number, residence address, and name and address of the employer of the responsible parent;

(g) The social security number and residence address of the physical custodian except as provided in subsection (6) of this section;

(h) The names, dates of birth, and social security numbers, if any, of the dependent children;

(i) In cases requiring payment to the Washington state support registry, that the parties are to notify the Washington state support registry of any change in residence address. The responsible parent shall notify the registry of the name and address of his or her current employer, whether he or she has access to health insurance coverage at reasonable cost and, if so, the health insurance policy information;

(j) That any parent owing a duty of child support shall be obligated to provide health insurance coverage for his or her child if coverage that can be extended to cover the child is or becomes available to that parent through employment or is union-related as provided under RCW 26.09.105;

(k) That if proof of health insurance coverage or proof that the coverage is unavailable is not provided within twenty days, the obligee or the department may seek direct enforcement of the coverage through the obligor's employer or union without further notice to the obligor as provided under chapter 26.18 RCW; ((and))

(l) The reasons for not ordering health insurance coverage if the order fails to require such coverage; and

(m) That the responsible parent's privileges to obtain and maintain a license, as defined in section 2 of this act, may be denied, not renewed, or suspended if the parent is not in compliance with a support order as defined in section 2 of this act.

(6) The physical custodian's address:

(a) Shall be omitted from an order entered under the administrative procedure act. When the physical custodian's address is omitted from an order, the order shall state that the custodian's address is known to the office of support enforcement.

(b) A responsible parent may request the physical custodian's residence address by submission of a request for disclosure under RCW 26.23.120 to the office of support enforcement.

(7) The superior court clerk, the office of administrative hearings, and the department of social and health services shall, within five days of entry, forward to the Washington state support registry, a true and correct copy of all superior court orders or administrative orders establishing or modifying a support obligation which provide that support payments shall be made to the support registry. If a superior court order entered prior to January 1, 1988, directs the responsible parent to make support payments to the clerk, the clerk shall send a true and correct copy of the support order and the payment record to the registry for enforcement action when the clerk identifies that a payment is more than fifteen days past due. The office of support enforcement shall reimburse the clerk for the reasonable costs of copying and sending copies of court orders to the registry at the reimbursement rate provided in Title IV-D of the social security act.

(8) Receipt of a support order by the registry or other action under this section on behalf of a person or persons who have not made a written application for support enforcement services to the office of support enforcement and who are not recipients of public assistance is deemed to be a request for payment services only.

(9) After the responsible parent has been ordered or notified to make payments to the Washington state support registry under this section, the responsible parent shall be fully responsible for making all payments to the Washington state support registry and shall be subject to payroll deduction or other income withholding action. The responsible parent shall not be entitled to credit against a support obligation for any payments made to a person or agency other than to the Washington state support registry except as provided under RCW 74.20.101. A civil action may be brought by the payor to recover payments made to persons or agencies who have received and retained support moneys paid contrary to the provisions of this section.

Sec. 111. RCW 26.18.100 and 1994 c 230 s 4 are each amended to read as follows:

The wage assignment order shall be substantially in the following form:

IN THE SUPERIOR COURT OF THE

STATE OF WASHINGTON IN AND FOR THE

COUNTY OF . . . . . . . . .

. . . . . . .. . . . . . .. . . . . . .. . . . . . .,

Obligee No. . . . .

vs.

. . . . . . .. . . . . . .. . . . . . .. . . . . . ., WAGE ASSIGNMENT

Obligor ORDER

. . . . . . .. . . . . . .. . . . . . .. . . . . . .,

Employer

THE STATE OF WASHINGTON TO:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Employer

AND TO:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Obligor

The above-named obligee claims that the above-named obligor is subject to a support order requiring immediate income withholding or is more than fifteen days past due in either child support or spousal maintenance payments, or both, in an amount equal to or greater than the child support or spousal maintenance payable for one month. The amount of the accrued child support or spousal maintenance debt as of this date is . . . . . . dollars, the amount of arrearage payments specified in the support or spousal maintenance order (if applicable) is . . . . . . dollars per . . . . . ., and the amount of the current and continuing support or spousal maintenance obligation under the order is . . . . . . dollars per . . . . . .

You are hereby commanded to answer this order by filling in the attached form according to the instructions, and you must mail or deliver the original of the answer to the court, one copy to the Washington state support registry, one copy to the obligee or obligee's attorney, and one copy to the obligor within twenty days after service of this wage assignment order upon you.

If you possess any earnings or other remuneration for employment due and owing to the obligor, then you shall do as follows:

(1) Withhold from the obligor's earnings or remuneration each month, or from each regular earnings disbursement, the lesser of:

(a) The sum of the accrued support or spousal maintenance debt and the current support or spousal maintenance obligation;

(b) The sum of the specified arrearage payment amount and the current support or spousal maintenance obligation; or

(2) The total amount withheld above is subject to the wage assignment order, and all other sums may be disbursed to the obligor.

(3) Upon receipt of this wage assignment order you shall make immediate deductions from the obligor's earnings or remuneration and remit to the Washington state support registry or other address specified below the proper amounts at each regular pay interval.

You shall continue to withhold the ordered amounts from nonexempt earnings or remuneration of the obligor until notified by:

(a) The court that the wage assignment has been modified or terminated; or

(b) The addressee specified in the wage assignment order under this section that the accrued child support or spousal maintenance debt has been paid.

You shall promptly notify the court and the addressee specified in the wage assignment order under this section if and when the employee is no longer employed by you, or if the obligor no longer receives earnings or remuneration from you. If you no longer employ the employee, the wage assignment order shall remain in effect for one year after the employee has left your employment or you are no longer in possession of any earnings or remuneration owed to the employee, whichever is later. You shall continue to hold the wage assignment order during that period. If the employee returns to your employment during the one-year period you shall immediately begin to withhold the employee's earnings according to the terms of the wage assignment order. If the employee has not returned to your employment within one year, the wage assignment will cease to have effect at the expiration of the one-year period, unless you still owe the employee earnings or other remuneration.

You shall deliver the withheld earnings or remuneration to the Washington state support registry or other address stated below at each regular pay interval.

You shall deliver a copy of this order to the obligor as soon as is reasonably possible. This wage assignment order has priority over any other wage assignment or garnishment, except for another wage assignment or garnishment for child support or spousal maintenance, or order to withhold or deliver under chapter 74.20A RCW.

WHETHER OR NOT YOU OWE ANYTHING TO THE OBLIGOR, YOUR FAILURE TO ANSWER AS REQUIRED MAY MAKE YOU LIABLE FOR OBLIGOR'S CLAIMED SUPPORT OR SPOUSAL MAINTENANCE DEBT TO THE OBLIGEE OR SUBJECT TO CONTEMPT OF COURT.

NOTICE TO OBLIGOR: YOU HAVE A RIGHT TO REQUEST A HEARING IN THE SUPERIOR COURT THAT ISSUED THIS WAGE ASSIGNMENT ORDER, TO REQUEST THAT THE COURT QUASH, MODIFY, OR TERMINATE THE WAGE ASSIGNMENT ORDER. REGARDLESS OF THE FACT THAT YOUR WAGES ARE BEING WITHHELD PURSUANT TO THIS ORDER, YOU MAY BE DENIED OR HAVE SUSPENDED OR NOT RENEWED A PROFESSIONAL, DRIVER'S, OR OTHER LICENSE IF YOU ACCRUE CHILD SUPPORT ARREARAGES TOTALING MORE THAN SIX MONTHS OF CHILD SUPPORT PAYMENTS OR FAIL TO MAKE PAYMENTS TOWARDS A SUPPORT ARREARAGE IN AN AMOUNT THAT EXCEEDS SIX MONTHS OF PAYMENTS.

DATED THIS . . . . day of . . . ., 19. . .

. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Obligee, Judge/Court Commissioner

or obligee's attorney

Send withheld payments to: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sec. 112. RCW 26.23.060 and 1994 c 230 s 10 are each amended to read as follows:

(1) The office of support enforcement may issue a notice of payroll deduction:

(a) As authorized by a support order that contains the income withholding notice provisions in RCW 26.23.050 or a substantially similar notice; or

(b) After service of a notice containing an income withholding provision under this chapter or chapter 74.20A RCW.

(2) The office of support enforcement shall serve a notice of payroll deduction upon a responsible parent's employer or upon the employment security department for the state in possession of or owing any benefits from the unemployment compensation fund to the responsible parent pursuant to Title 50 RCW by personal service or by any form of mail requiring a return receipt.

(3) Service of a notice of payroll deduction upon an employer or employment security department requires the employer or employment security department to immediately make a mandatory payroll deduction from the responsible parent's unpaid disposable earnings or unemployment compensation benefits. The employer or employment security department shall thereafter deduct each pay period the amount stated in the notice divided by the number of pay periods per month. The payroll deduction each pay period shall not exceed fifty percent of the responsible parent's disposable earnings.

(4) A notice of payroll deduction for support shall have priority over any wage assignment, garnishment, attachment, or other legal process.

(5) The notice of payroll deduction shall be in writing and include:

(a) The name and social security number of the responsible parent;

(b) The amount to be deducted from the responsible parent's disposable earnings each month, or alternate amounts and frequencies as may be necessary to facilitate processing of the payroll deduction;

(c) A statement that the total amount withheld shall not exceed fifty percent of the responsible parent's disposable earnings; ((and))

(d) The address to which the payments are to be mailed or delivered; and

(e) A notice to the responsible parent warning the responsible parent that, despite the payroll deduction, the responsible parent's privileges to obtain and maintain a license, as defined in section 2 of this act, may be denied, not renewed, or suspended if the parent is not in compliance with a support order as defined in section 2 of this act.

(6) An informational copy of the notice of payroll deduction shall be mailed to the last known address of the responsible parent by regular mail.

(7) An employer or employment security department that receives a notice of payroll deduction shall make immediate deductions from the responsible parent's unpaid disposable earnings and remit proper amounts to the Washington state support registry on each date the responsible parent is due to be paid.

(8) An employer, or the employment security department, upon whom a notice of payroll deduction is served, shall make an answer to the office of support enforcement within twenty days after the date of service. The answer shall confirm compliance and institution of the payroll deduction or explain the circumstances if no payroll deduction is in effect. The answer shall also state whether the responsible parent is employed by or receives earnings from the employer or receives unemployment compensation benefits from the employment security department, whether the employer or employment security department anticipates paying earnings or unemployment compensation benefits and the amount of earnings. If the responsible parent is no longer employed, or receiving earnings from the employer, the answer shall state the present employer's name and address, if known. If the responsible parent is no longer receiving unemployment compensation benefits from the employment security department, the answer shall state the present employer's name and address, if known.

(9) The employer or employment security department may deduct a processing fee from the remainder of the responsible parent's earnings after withholding under the notice of payroll deduction, even if the remainder is exempt under RCW 26.18.090. The processing fee may not exceed: (a) Ten dollars for the first disbursement made to the Washington state support registry; and (b) one dollar for each subsequent disbursement to the registry.

(10) The notice of payroll deduction shall remain in effect until released by the office of support enforcement, the court enters an order terminating the notice and approving an alternate arrangement under RCW 26.23.050(2), or one year has expired since the employer has employed the responsible parent or has been in possession of or owing any earnings to the responsible parent or the employment security department has been in possession of or owing any unemployment compensation benefits to the responsible parent.

NEW SECTION. Sec. 113. If specific funding for purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1996, in the supplemental omnibus appropriations act, this act is null and void."

On page 1, line 2 of the title, after "support;" strike the remainder of the title and insert "amending RCW 46.20.291, 46.20.311, 18.04.335, 18.08.350, 18.08.350, 18.11.160, 18.16.100, 18.27.030, 18.27.060, 18.28.060, 18.39.181, 18.46.050, 18.51.054, 18.96.120, 18.96.150, 18.104.110, 18.106.070, 18.130.050, 18.130.120, 18.130.150, 18.160.080, 18.165.160, 18.170.170, 43.20A.205, 43.70.115, 19.28.120, 19.28.125, 19.28.310, 19.28.550, 19.28.580, 19.30.030, 19.30.060, 19.16.110, 19.16.120, 19.31.100, 19.31.130, 19.32.040, 19.32.060, 19.105.330, 19.105.380, 19.105.440, 19.138.130, 19.158.050, 19.166.040, 21.20.070, 21.20.110, 66.20.320, 67.08.040, 67.08.100, 19.02.100, 43.24.080, 43.24.110, 43.24.120, 70.74.110, 70.74.130, 70.74.135, 70.74.360, 70.74.370, 66.24.010, 43.63B.040, 70.95D.040, 17.21.130, 17.21.132, 64.44.060, 19.146.210, 19.146.220, 26.09.160, 26.09.165, 26.23.050, 26.18.100, and 26.23.060; reenacting and amending RCW 18.145.080; adding new sections to chapter 74.20A RCW; adding a new section to chapter 48.22 RCW; adding a new section to chapter 2.48 RCW; adding a new section to chapter 18.04 RCW; adding a new section to chapter 18.08 RCW; adding a new section to chapter 18.16 RCW; adding a new section to chapter 18.20 RCW; adding a new section to chapter 18.28 RCW; adding a new section to chapter 18.39 RCW; adding a new section to chapter 18.43 RCW; adding a new section to chapter 18.44 RCW; adding a new section to chapter 18.51 RCW; adding a new section to chapter 18.76 RCW; adding a new section to chapter 18.85 RCW; adding a new section to chapter 18.96 RCW; adding a new section to chapter 18.104 RCW; adding a new section to chapter 18.106 RCW; adding a new section to chapter 18.130 RCW; adding a new section to chapter 18.140 RCW; adding a new section to chapter 18.145 RCW; adding a new section to chapter 18.165 RCW; adding a new section to chapter 18.170 RCW; adding a new section to chapter 18.175 RCW; adding a new section to chapter 18.185 RCW; adding a new section to chapter 28A.410 RCW; adding a new section to chapter 20.01 RCW; adding a new section to chapter 48.17 RCW; adding a new section to chapter 74.15 RCW; adding a new section to chapter 47.68 RCW; adding a new section to chapter 71.12 RCW; adding a new section to chapter 66.20 RCW; adding a new section to chapter 66.24 RCW; adding a new section to chapter 88.02 RCW; adding a new section to chapter 43.24 RCW; adding a new section to chapter 70.95B RCW; adding a new section to chapter 26.09 RCW; and creating a new section."

Voting Yea: Representatives Huff, Pelesky, Clements, H. Sommers, Valle, Brumsickle, Carlson, Cooke, Crouse, Dyer, Foreman, Grant, Hickel, Kessler, Lambert, Linville, McMorris, Poulsen, Reams, Rust, Sehlin, Sheahan, Silver, Smith, Talcott and Wolfe.

Excused: Representatives Basich, Beeksma, Chappell, Dellwo and Jacobsen.

Passed to Committee on Rules for second reading.

February 24, 1996

2SSB 5516 Prime Sponsor, Committee on Labor, Commerce & Trade: Providing for drug-free workplaces. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass as amended by Committee on Commerce & Labor with the following amendment:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. It is the intent of the legislature to promote drug-free workplaces to improve the safety of the workplace, protect the health of workers, and afford employers in this state the opportunity to maximize their levels of productivity, enhance their competitive positions in the marketplace, and reach their desired levels of success without experiencing the costs, delays, and tragedies associated with work-related accidents resulting from substance abuse by employees.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.

(2) "Alcohol test" means a chemical, biological, or physical instrumental analysis administered for the purpose of determining the presence or absence of alcohol within an individual's body systems.

(3) "Chain of custody" means the methodology of tracking specimens for the purpose of maintaining control and accountability from initial collection to final disposition for all specimens and providing for accountability at each stage in handling, testing, and storing specimens and reporting test results.

(4) "Collection site" means a place where individuals present themselves for the purpose of providing a urine, breath, or other specimen to be analyzed for the presence of drugs or alcohol.

(5) "Confirmation test" or "confirmed test" means a second analytical procedure used to identify the presence of a specific drug or metabolic in a specimen. Drug tests must be confirmed as specified in section 6(5) of this act. Alcohol tests must be confirmed by a second breath test or as specified for drug tests.

(6) "Department" means the department of social and health services.

(7) "Drug" means amphetamines, cannabinoids, cocaine, phencyclidine (PCP), methadone, methaqualone, opiates, barbiturates, benzodiazepines, propoxyphene, or a metabolite of any such substances.

(8) "Drug test" means a chemical, biological, or physical instrumental analysis administered on a specimen sample for the purpose of determining the presence or absence of a drug or its metabolites within the sample.

(9) "Employee" means a person who is employed for salary, wages, or other remuneration by an employer.

(10) "Employee assistance program" means a program designed to assist in the identification and resolution of job performance problems associated with employees impaired by personal concerns. A minimum level of core services must include: Consultation and professional, confidential, appropriate, and timely problem assessment services; short-term problem resolution; referrals for appropriate diagnosis, treatment, and assistance; follow-up and monitoring; employee education; and supervisory training.

(11) "Employer" means an employer subject to Title 51 RCW but does not include the state or any department, agency, or instrumentality of the state; any county; any city; any school district or educational service district; or any municipal corporation.

(12) "Initial test" means a sensitive, rapid, and reliable procedure to identify negative and presumptive positive specimens. An initial drug test must use an immunoassay procedure or an equivalent procedure or must use a more accurate scientifically accepted method approved by the national institute on drug abuse as more accurate technology becomes available in a cost-effective form.

(13) "Injury" means a sudden and tangible happening, of a traumatic nature, producing an immediate or prompt result and occurring from without, and such physical conditions as result therefrom.

(14) "Job applicant" means a person who has applied for employment with an employer and has been offered employment conditioned upon successfully passing a drug test and may have begun work pending the results of the drug test.

(15) "Last-chance agreement" means a notice to an employee who is referred to the employee assistance program due to a verified positive alcohol or drug test or for violating an alcohol or drug-related employer rule that states the terms and conditions of continued employment with which the employee must comply.

(16) "Medical review officer" means a licensed physician trained in the field of drug testing who provides medical assessment of positive test results, requests reanalysis if necessary, and makes a determination whether or not drug misuse has occurred.

(17) "Nonprescription medication" means a drug or medication authorized under federal or state law for general distribution and use without a prescription in the treatment of human disease, ailments, or injuries.

(18) "Prescription medication" means a drug or medication lawfully prescribed by a physician, or other health care provider licensed to prescribe medication, for an individual and taken in accordance with the prescription.

(19) "Rehabilitation program" means a program approved by the department that is capable of providing expert identification, assessment, and resolution of employee drug or alcohol abuse in a confidential and timely service. Any rehabilitation program under this chapter must contain a two-year continuing care component.

(20) "Specimen" means breath or urine. "Specimen" may include other products of the human body capable of revealing the presence of drugs or their metabolites or of alcohol, if approved by the United States department of health and human services and permitted by rules adopted under section 13 of this act.

(21) "Substance" means drugs or alcohol.

(22) "Substance abuse test" or "test" means a chemical, biological, or physical instrumental analysis administered on a specimen sample for the purpose of determining the presence or absence of a drug or its metabolites or of alcohol within the sample.

(23) "Threshold detection level" means the level at which the presence of a drug or alcohol can be reasonably expected to be detected by an initial and confirmation test performed by a laboratory meeting the standards specified in this chapter. The threshold detection level indicates the level at which a valid conclusion can be drawn that the drug or alcohol is present in the employee's specimen.

(24) "Verified positive test result" means a confirmed positive test result obtained by a laboratory meeting the standards specified in this chapter that has been reviewed and verified by a medical review officer in accordance with medical review officer guidelines promulgated by the United States department of health and human services.

(25) "Workers' compensation premium" means the medical aid fund premium and the accident fund premium under Title 51 RCW.

NEW SECTION. Sec. 3. (1) An employer, except an employer that is self-insured for the purposes of Title 51 RCW, implementing a drug-free workplace program in accordance with section 4 of this act shall qualify for a five percent workers' compensation premium discount under Title 51 RCW if the employer:

(a) Is certified by the division of alcohol and substance abuse of the department as provided in section 13 of this act. The employer must maintain an alcohol and drug-free workplace program in accordance with the standards, procedures, and rules established in or under this chapter. If the employer fails to maintain the program as required, the employer shall not qualify for the premium discount provided under this section;

(b) Is in good standing and remains in good standing with the department of labor and industries with respect to the employer's workers' compensation premium obligations and any other premiums and assessments under Title 51 RCW; and

(c) Has medical insurance available to its full-time employees through an employer, union, or jointly sponsored medical plan.

(2) The premium discount must remain in effect as long as the employer is certified under section 13 of this act, up to a maximum of three years from the date of initial certification.

(3) A certified employer may discontinue operating a drug-free workplace program at any time. The qualification for a premium discount shall expire in accordance with decertification rules adopted by the department under section 13 of this act.

(4) An employer whose substance abuse testing program reasonably meets, as of July 1, 1996, the requirements for the premium discount provided in this section is not eligible for certification.

(5) Nothing in this chapter creates or alters an obligation on the part of an employer seeking to participate in this program to bargain with a collective bargaining representative of its employees.

(6) An employer may not receive premium discounts from the department of labor and industries under more than one premium discount program. An employer participating in and meeting all of the requirements for the discount provided in this section and also participating in another premium discount program offered by the department of labor and industries is only entitled to the premium discount that is the highest.

(7) The department of labor and industries will notify self-insured employers of the value of drug-free workplace programs and encourage them to implement programs that are in accord with section 4 of this act.

NEW SECTION. Sec. 4. (1) A drug-free workplace program established under this chapter must contain all of the following elements:

(a) A written policy statement in compliance with section 5 of this act;

(b) Substance abuse testing in compliance with section 6 of this act;

(d) Employee education in compliance with section 9 of this act; and

(e) Supervisor training in compliance with section 10 of this act.

(2) In addition to the requirements of subsection (1) of this section, a drug-free workplace program established under this chapter must be implemented in compliance with the confidentiality standards provided in section 12 of this act.

NEW SECTION. Sec. 5. (1) An alcohol and drug-free workplace program established under this chapter must contain a written substance abuse policy statement in order to qualify for the premium discount provided under section 3 of this act. The policy must:

(a) Notify employees that the use or being under any influence of alcohol during working hours is prohibited;

(b) Notify employees that the use, purchase, possession, or transfer of drugs or having illegal drugs in their system is prohibited and that prescription or nonprescription medications are not prohibited when taken in accordance with a lawful prescription or consistent with standard dosage recommendations;

(c) Identify the types of testing an employee or job applicant may be required to submit to or other basis used to determine when such a test will be required;

(d) Identify the actions the employer may take against an employee or job applicant on the basis of a verified positive test result;

(e) Contain a statement advising an employee or job applicant of the existence of this chapter;

(f) Contain a general statement concerning confidentiality;

(g) Identify the consequences of refusing to submit to a drug test;

(h) Contain a statement advising an employee of the employee assistance program;

(i) Contain a statement that an employee or job applicant who receives a verified positive test result may contest or explain the result to the employer within five working days after receiving written notification of the positive test result;

(j) Contain a statement informing an employee of the provisions of the federal drug-free workplace act, if applicable to the employer; and

(k) Notify employees that the employer may discipline an employee for failure to report an injury in the workplace.

(2) An employer not having a substance abuse testing program in effect on July 1, 1996, shall ensure that at least sixty days elapse between a general one-time notice to all employees that a substance abuse testing program is being implemented and the beginning of the actual testing. An employer having a substance abuse testing program in place before July 1, 1996, is not required to provide a sixty-day notice period.

(3) An employer shall include notice of substance abuse testing to all job applicants. A notice of the employer's substance abuse testing policy must also be posted in an appropriate and conspicuous location on the employer's premises, and copies of the policy must be made available for inspection by the employees or job applicants of the employer during regular business hours in the employer's personnel office or other suitable locations. An employer with employees or job applicants who have trouble communicating in English shall make reasonable efforts to help the employees understand the policy statement.

NEW SECTION. Sec. 6. (1) In conducting substance abuse testing under this chapter, the employer must comply with the standards and procedures established in this chapter and all applicable rules adopted by the department under this chapter and must:

(a) Require job applicants to submit to a drug test after extending an offer of employment. The employer may use a refusal to submit to a drug test or a verified positive test as a basis for not hiring the job applicant;

(b) Investigate each workplace injury that results in a worker needing off-site medical attention and require an employee to submit to drug and alcohol tests if the employer reasonably believes the employee has caused or contributed to an injury which resulted in off-site medical attention. An employer need not require that an employee submit to drug and alcohol tests if a supervisor, trained in accordance with section 10 of this act, reasonably believes that the injury was due to the inexperience of the employee or due to a defective or unsafe product or working condition, or other circumstances beyond the control of the employee. Under this chapter, a first-time verified positive test result may not be used as a basis to terminate an employee's employment. However, an employee may be terminated for independent reasons, such as a violation of a safety rule or regulation;

(c) If the employee in the course of employment is referred to the employee assistance program by the employer as a result of a verified positive drug or alcohol test or an alcohol or drug-related incident in violation of employer rules, require the employee to submit to drug and alcohol testing in conjunction with any recommended rehabilitation program. If the employee assistance program determines that the employee does not require treatment services, the employee must still be required to participate in follow-up testing. However, if an employee voluntarily enters an employee assistance program, without a verified positive drug or alcohol test or a violation of any drug or alcohol related employer rule, follow-up testing is not required. If follow-up testing is conducted, the frequency of the testing shall be at least four times a year for a two-year period after completion of the rehabilitation program and advance notice of the testing date may not be given. A verified positive follow-up test result shall normally require termination of employment.

(2) This section does not prohibit an employer from conducting other drug or alcohol testing, such as upon reasonable suspicion or a random basis.

(3) Specimen collection and substance abuse testing under this section must be performed in accordance with regulations and procedures approved by the United States department of health and human services and the United States department of transportation regulations for alcohol and drug testing and must include testing for marijuana, cocaine, amphetamines, opiates, and phencyclidine. Employers may test for any drug listed in section 2(7) of this act.

(a) A specimen must be collected with due regard to the privacy of the individual providing the specimen and in a manner reasonably calculated to prevent substitution or contamination of the specimen.

(b) Specimen collection and analysis must be documented. The documentation procedures must include:

(i) Labeling of specimen containers so as to reasonably preclude the likelihood of erroneous identification of test results; and

(ii) An opportunity for the employee or job applicant to provide to a medical review officer information the employee or applicant considers relevant to the drug test, including identification of currently or recently used prescription or nonprescription medication or other relevant medical information.

(c) Specimen collection, storage, and transportation to the testing site must be performed in a manner that reasonably precludes specimen contamination or adulteration.

(d) An initial and confirmation test conducted under this section, not including the taking or collecting of a specimen to be tested, must be conducted by a laboratory as described in subsection (4) of this section.

(e) A specimen for a test may be taken or collected by any of the following persons:

(i) A physician, a physician's assistant, a registered professional nurse, a licensed practical nurse, a nurse practitioner, or a certified paramedic who is present at the scene of an accident for the purpose of rendering emergency medical service or treatment;

(ii) A qualified person certified or employed by a laboratory certified by the substance abuse and mental health administration or the college of American pathologists; or

(iii) A qualified person certified or employed by a collection company using collection procedures adopted by the United States department of health and human services and the United States department of transportation for alcohol collection.

(f) Within five working days after receipt of a verified positive test result from the laboratory, an employer shall inform an employee or job applicant in writing of the positive test result, the consequences of the result, and the options available to the employee or job applicant.

(g) The employer shall provide to the employee or job applicant, upon request, a copy of the test results.

(h) An initial test having a positive result must be verified by a confirmation test.

(i) An employer who performs drug testing or specimen collection shall use chain of custody procedures to ensure proper recordkeeping, handling, labeling, and identification of all specimens to be tested.

(j) An employer shall pay the cost of all drug or alcohol tests, initial and confirmation, that the employer requires of employees.

(k) An employee or job applicant shall pay the cost of additional tests not required by the employer.

(4)(a) A laboratory may not analyze initial or confirmation drug specimens unless:

(i) The laboratory is approved by the substance abuse and mental health administration or the college of American pathologists;

(ii) The laboratory has written procedures to ensure the chain of custody; and

(iii) The laboratory follows proper quality control procedures including, but not limited to:

(A) The use of internal quality controls including the use of samples of known concentrations that are used to check the performance and calibration of testing equipment, and periodic use of blind samples for overall accuracy;

(B) An internal review and certification process for test results, conducted by a person qualified to perform that function in the testing laboratory;

(D) Other necessary and proper actions taken to ensure reliable and accurate drug test results.

(b) A laboratory shall disclose to the employer a written test result report within seven working days after receipt of the sample. A laboratory report of a substance abuse test result must, at a minimum, state:

(i) The name and address of the laboratory that performed the test and the positive identification of the person tested;

(ii) Positive results on confirmation tests only, or negative results, as applicable;

(iii) A list of the drugs for which the drug analyses were conducted; and

(iv) The type of tests conducted for both initial and confirmation tests and the threshold detection levels of the tests.

A report may not disclose the presence or absence of a drug other than a specific drug and its metabolites listed under this chapter.

(c) A laboratory shall provide technical assistance through the use of a medical review officer to the employer, employee, or job applicant for the purpose of interpreting a positive confirmed drug test result that could have been caused by prescription or nonprescription medication taken by the employee or job applicant. The medical review officer shall interpret and evaluate the laboratory's positive drug test result and eliminate test results that could have been caused by prescription medication or other medically documented sources in accordance with the United States department of health and human services medical review officer manual.

(5) A positive initial drug test must be confirmed using the gas chromatography/mass spectrometry method or an equivalent or more accurate scientifically accepted method approved by the substance abuse and mental health administration as the technology becomes available in a cost-effective form.

NEW SECTION. Sec. 7. (1) The employee assistance program required under this chapter shall provide the employer with a system for dealing with employees whose job performances are declining due to unresolved problems, including alcohol or other drug-related problems, marital problems, or legal or financial problems.

(2) To ensure appropriate assessment and referral to treatment:

(a) The employer must notify the employees of the benefits and services of the employee assistance program;

(b) The employer shall publish notice of the employee assistance program in conspicuous places and explore alternative routine and reinforcing means of publicizing the services; and

(c) The employer shall provide the employee with notice of the policies and procedures regarding access to and use of the employee assistance program.

(3) A list of approved employee assistance programs must be provided by the department according to recognized program standards.

NEW SECTION. Sec. 8. (1)(a) Rehabilitation of employees suffering from either or both alcohol or drug addiction shall be a primary focus of an employee assistance program.

(b) Under any program under this chapter, the employer may not use a first-time verified positive drug or alcohol test as the basis for termination of an employee. After a first-time verified positive test result, the employee must be given an opportunity to keep his or her job through the use of a last-chance agreement. The last-chance agreement shall require an employee to:

(i) Submit to an employee assistance program evaluation for chemical dependency;

(ii) Comply with any treatment recommendations;

(iii) Be subject to follow-up drug and alcohol testing for two years;

(iv) Meet the same standards of performance and conduct that are set for other employees; and

(v) Authorize the employer to receive all relevant information regarding the employee's progress in treatment, if applicable.

Failure to comply with all the terms of this agreement normally will result in termination of employment.

(2) When substance abuse treatment is necessary, employees must use treatment services approved by the department, which include a continuing care component lasting for two years.

(a) The employee assistance program shall monitor the employee's progress while in treatment, including the two-year continuing care component, and notify the employer when an employee is not complying with the programs's treatment recommendations.

(b) The employer shall monitor job performance and conduct follow-up testing.

(3) An employer may terminate an employee for the following reasons:

(a) Refusal to submit to a drug or alcohol test;

(b) Refusal to agree to or failure to comply with the conditions of a last-chance agreement;

(d) After the first verified positive drug or alcohol test, any violation of employer rules pertaining to alcohol and drugs.

(4) Nothing in this chapter limits the right of any employer who participates in the worker's compensation premium discount program under this chapter to terminate employment for any other reason.

NEW SECTION. Sec. 9. As part of a program established under this chapter, an employer shall provide all employees with an annual education program on substance abuse, in general, and its effects on the workplace, specifically. An employer with employees who have difficulty communicating in English shall make reasonable efforts to help the employees understand the substance of the education program. An education program for a minimum of one hour should include but is not limited to the following information:

(1) The explanation of the disease model of addiction for alcohol and drugs;

(2) The effects and dangers of the commonly abused substances in the workplace; and

(3) The employer's policies and procedures regarding substance abuse in the workplace and how employees who wish to obtain substance abuse treatment can do so.

NEW SECTION. Sec. 10. In addition to the education program provided in section 9 of this act, an employer shall provide all supervisory personnel with a minimum of two hours of supervisor training, that should include but is not limited to the following information:

(1) How to recognize signs of employee substance abuse;

(2) How to document and collaborate signs of employee substance abuse;

(3) How to refer employees to the employee assistance program or proper treatment providers; and

(4) Circumstances and procedures for postinjury testing.

NEW SECTION. Sec. 11. (1) A physician-patient relationship is not created between an employee or job applicant and an employer, medical review officer, or person performing or evaluating a drug or alcohol test solely by the establishment, implementation, or administration of a drug or alcohol testing program.

(2) This chapter may not be construed to prevent an employer from establishing reasonable work rules related to employee possession, use, sale, or solicitation of drugs, including convictions for drug-related offenses, and taking action based upon a violation of any of those rules.

(3) This chapter may not be construed to operate retroactively. This chapter does not abrogate the right of an employer under state or federal law to conduct drug or alcohol tests or implement employee drug or alcohol testing programs. However, only those programs that meet the criteria outlined in this chapter qualify for workers' compensation insurance premiums discounts.

(4) This chapter may not be construed to prohibit an employer from conducting medical screening or other tests required, permitted, or not disallowed by a statute or rule for the purpose of monitoring exposure of employees to toxic or other unhealthy materials in the workplace or in the performance of job responsibilities. The screening or tests must be limited to testing for the specific material expressly identified in the statute or rule, unless prior written consent of the employee is obtained for other tests.

(5) This chapter does not establish a legal duty for employers to conduct alcohol or drug tests of employees or job applicants. A cause of action may not arise in favor of a person based upon the failure of an employer to establish or conduct a program or policy for substance abuse testing or to conduct a program or policy in conformance with the standards and procedures established in this chapter. This chapter does not create individual rights of action and may be enforced only by the department by denial of the workers' compensation premium discount provided in section 3 of this act.

NEW SECTION. Sec. 12. Confidentiality standards that apply to substance abuse testing programs implemented under this chapter include the following:

(1) Information, interviews, reports, statements, memoranda, and test results, written or otherwise, received through a substance abuse testing program are confidential communications, and may not be used or received in evidence, obtained in discovery, or disclosed in a civil or administrative proceeding, except as provided in subsection (5) of this section.

(2) An employer, laboratory, medical review officer, employee assistance program, drug or alcohol rehabilitation program, and their agents who receive or have access to information concerning test results shall keep the information confidential, except as provided in subsection (5) of this section.

(3) Any release of the information must be pursuant to a written consent form that complies with RCW 70.02.030 and is signed voluntarily by the person tested, unless the release is compelled by the division of alcohol and substance abuse of the department or a court of competent jurisdiction in accordance with state and federal confidentiality laws, or unless required by a professional or occupational licensing board in a related disciplinary proceeding. Any disclosure by any agency approved by the department must be in accordance with RCW 70.96A.150. The consent form must contain at a minimum:

(a) The name of the person who is authorized to obtain the information;

(b) The purpose of the disclosure;

(d) The duration of the consent; and

(e) The signature of the person authorizing release of the information.

(4) Information on test results may not be released or used in a criminal proceeding against the employee or job applicant. Information released contrary to this subsection is inadmissible as evidence in a criminal proceeding.

(5) Nothing in this chapter prohibits:

(a) An employer from using information concerning an employee or job applicant's substance abuse test results in a lawful manner with respect to that employee or applicant; or

(b) An entity that obtains the information from disclosing or using the information in a lawful manner as part of a matter relating to the substance abuse test, the test result, or an employer action with respect to the job applicant or employee.

NEW SECTION. Sec. 13. The department shall adopt by rule procedures and forms for the certification of employers who establish and maintain a drug-free workplace that complies with this chapter. The department shall adopt by rule procedures for the decertification of employers formally certified for the workers' compensation premium discount provided under this chapter. The department may charge a fee for the certification of a drug-free workplace program in an amount that must approximate its administrative costs related to the certification. Certification of an employer is required for each year in which a premium discount is granted. The department may adopt any other rules necessary for the implementation of this chapter.

NEW SECTION. Sec. 14. (1) The department of labor and industries may adopt rules necessary for the implementation of this chapter including but not limited to provisions for penalties and repayment of premium discounts by employers that are decertified by the department of social and health services under section 13 of this act.

(2) The department of labor and industries shall conduct an evaluation of the effect of the premium discount provided for under section 3 of this act on workplace safety and the state of Washington industrial insurance fund. The department of labor and industries shall report its preliminary findings to the appropriate committees of the legislature on September 1 of 1997 and 1998 and shall issue a comprehensive final report on December 1, 1999.

NEW SECTION. Sec. 15. The department shall conduct an evaluation to determine the costs and benefits of the program under this chapter. If the department contracts for the performance of any or all of the evaluation, no more than ten percent of the contract amount may be used to cover indirect expenses. The department shall report its preliminary findings to the legislature on September 1 of 1997 and 1998 and shall issue a comprehensive final report on December 1, 1999.

NEW SECTION. Sec. 16. Notwithstanding any other provisions of this chapter, the total premium discounts available under section 3 of this act shall not exceed five million dollars during any fiscal year.

NEW SECTION. Sec. 17. Sections 1 through 16 of this act shall constitute a new chapter in Title 49 RCW.

NEW SECTION. Sec. 18. Sections 1 through 16 of this act shall expire January 1, 2001."

On page 1, line 1 of the title, after "workplaces;" strike the remainder of the title and insert "adding a new chapter to Title 49 RCW; and providing an expiration date."

Excused: Representatives Basich, Beeksma, Chappell, Dellwo and Jacobsen.

Passed to Committee on Rules for second reading.

February 24, 1996

SB 6220 Prime Sponsor, Owen: Increasing disability and death benefits for volunteer fire fighters. 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; Brumsickle; Carlson; Cooke; Crouse; Dyer; Foreman; Grant; Hickel; Kessler; Lambert; Linville; McMorris; Poulsen; Reams; Rust; Sehlin; Sheahan; Silver; Smith; Talcott and Wolfe.

Excused: Representatives Basich, Beeksma, Chappell, Dellwo and Jacobsen.

Passed to Committee on Rules for second reading.

February 24, 1996

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

MAJORITY recommendation: Do pass as amended by Committee on Appropriations and without amendment by Committee on Corrections 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. 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 supplemental omnibus appropriations act, this act is null and void.

NEW SECTION. Sec. 12. (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; creating a new section; repealing RCW 13.40.027; providing an effective date; and declaring an emergency."

Signed by Representatives Huff, Chairman; Pelesky, Vice Chairman; H. Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Brumsickle; Carlson; Cooke; Crouse; Dyer; Foreman; Grant; Hickel; Kessler; Lambert; Linville; McMorris; Poulsen; Reams; Rust; Sehlin; Sheahan; Silver; Smith; Talcott and Wolfe.

Excused: Representatives Basich, Beeksma, Chappell, Dellwo and Jacobsen.

Passed to Committee on Rules for second reading.

February 24, 1996

SB 6294 Prime Sponsor, Bauer: Increasing a distribution of motor vehicle excise taxes to cities. Reported by Committee on Appropriations

Excused: Representatives Basich, Beeksma, Chappell, Dellwo and Jacobsen.

Passed to Committee on Rules for second reading.

February 24, 1996

2SSB 6336 Prime Sponsor, Committee on Ways & Means: Establishing the water resources board. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass as amended by Committee on Appropriations and without amendment by Committee on Agriculture & Ecology with the following amendment:

Strike everything after the enacting clause and insert the following:

"PART I

WATER RESOURCES BOARD

NEW SECTION. Sec. 1. The legislature finds that balanced administration and management of the state water resources is of paramount importance to the citizens of the state. The legislature finds that regional differences in water resource conditions require greater consideration in the development and administration of water resource policy. The legislature finds that to effectively take regional differences into consideration, the decision-making authority needs to be based on water resource plans developed by local elected officials and interested persons from various regions of the state.

It is the intent of the legislature to create a water resources board to establish and administer certain state-wide policies and to divide the board into two regional commissions for establishing and administering other policies. Further, it is the direction of the legislature that the board implement programs that are balanced with the interests of all sectors of the state's residents taken in account.

It is further the intent of the legislature that all existing water rights be protected and not diminished by the actions of the state and that the principles of the prior appropriation doctrine of western water law remain unchanged by this enactment (chapter . . ., Laws of 1996).

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter.

(1) "Board" means the water resources board created by this chapter.

(2) "Commission" means the western or eastern Washington water resource commission established pursuant to this chapter.

(3) "Water supply special purpose district" means a water, combined water-sewer, irrigation, reclamation, or public utility district that provides water to persons or other water users within the district.

(4) "State engineer" means the person hired by the board to administer the state engineer's office and the water resource programs and responsibilities assigned to that office.

(5) "WRIA" means a water resource inventory area established in WAC 173-500-030, as it exists on January 1, 1996.

NEW SECTION. Sec. 3. (1) There is hereby created and established a water resources board. The board shall be composed of the members of the two commissions created by this subsection. There are hereby created and established two subdivisions of the water resources board to be known as the eastern Washington water resource commission and the western Washington water resource commission. The eastern Washington water resource commission shall have jurisdiction throughout the area of the state east of the crest of the Cascade mountains and including all of Skamania county. The western Washington water resource commission shall have jurisdiction throughout the area of the state west of the crest of the Cascade mountains, exclusive of Skamania county.

(2) The members of a commission shall serve four-year terms. Each of the commissioners shall hold office until his or her successor is appointed. The members of a commission shall biennially choose a chair from among themselves. The chair of the eastern Washington water resource commission and the chair of the western Washington water resource commission shall serve as chair of the water resources board in alternating years. The chair of the eastern commission shall serve as the chair of the board in each odd-numbered year.

(3) Each commission shall be composed of eight members nominated by the counties and appointed by the governor as provided in this section.

(a) The counties within the jurisdiction of the eastern Washington water resource commission are divided into two groups: (i) Benton, Chelan, Douglas, Franklin, Grant, Kittitas, Klickitat, Okanogan, Skamania, and Yakima counties; and (ii) the remaining counties within the jurisdiction of the commission. The counties assigned to a particular group shall collectively nominate six persons for appointment to the eastern Washington water resource commission and submit this list of nominations to the governor. The governor shall appoint four members of the commission from each of the two lists submitted in this manner.

(b) The counties within the jurisdiction of the western Washington water resource commission are divided into four groups: (i) King, Pierce, and Snohomish counties; (ii) Island, San Juan, Skagit, and Whatcom counties; (iii) Clallam, Jefferson, Kitsap, Mason, and Grays Harbor counties; and (iv) the remaining counties within the jurisdiction of the commission. Nominations for appointment to the western Washington water resource commission from each group shall be submitted to the governor.

(c) Each of the counties listed in (b)(i) of this subsection shall nominate two persons and each of the cities of Seattle, Tacoma, and Everett shall nominate two persons for appointment to the commission and the governor shall appoint five members to the western Washington water resource commission from these nominations.

(d) The counties in (b)(ii) of this subsection shall collectively nominate three persons for appointment to the commission and the governor shall appoint one member to the western Washington water resource commission from these nominations. The counties in (b)(iii) of this subsection shall collectively nominate three persons for appointment to the commission and the governor shall appoint one member to the western Washington water resource commission from these nominations. The counties in (b)(iv) of this subsection shall collectively nominate three persons for appointment to the commission and the governor shall appoint one member to the western Washington water resource commission from these nominations.

(e) The members of the legislative authorities of the counties assigned to a group by (a) of this subsection or assigned to a group by (b) of this subsection shall convene to nominate persons for appointment to the eastern or western Washington water resource commission. The counties and the counties and cities in (c) of this subsection shall provide their lists of nominees to the governor not later than thirty days after the effective date of this section. If the counties assigned to a group do not provide nominations within the prescribed time, the governor may make the appointments allocated to the group without nominations. Each county assigned to a group by this subsection (3) for one or more collective nominations shall be entitled to three votes for each nomination and shall divide the votes equally among the members of the legislative authority of the county. Nominations shall be made by a majority vote of all of such members assigned to the group based on the votes allocated to them under this section. The governor shall make all appointments to the commissions within ninety days of the effective date of this section.

Nominations and appointments to fill vacancies on the commission shall be made as provided by this section for original appointments to the positions. Such nominations shall be made within sixty days of the date the vacancy is created or the appointment shall be made without nominations. The governor shall appoint a person to fill a vacancy within thirty days of the date the vacancy is created.

Nominations and appointments to fill expired terms of office of the members of the commission shall be made as prescribed for nominations and appointments for the initial membership of the commissions. The members of the county legislative authorities shall make nominations sixty days before the expiration of terms of office and the governor shall make appointments not later than the date of the expiration of the terms of office, which appointments shall take effect upon the expiration of those terms.

(4) Each person nominated for appointment to a commission shall be knowledgeable about state water law and have at least five years' experience in water resource matters.

(5) No elective state official, state officer, or state employee shall be a member of a commission nor may a member of the commission have been such an official, officer, or employee within two years of being appointed to the commission. At the time of their appointment and thereafter during their respective terms of office, the members of the eastern commission shall reside within the eastern jurisdiction and the members of the western commission shall reside within the western jurisdiction. No more than two members of each commission shall reside in the same county.

(6) The governor may remove any member of a commission for malfeasance or misfeasance in office or for having at least five unexcused absences during the person's term of office which constitute twenty percent or more of the meetings that have been conducted by the commission during the term. A person's absence from a meeting may be excused: By the chair of the commission if a written request to do so is received by the chair before the meeting from which the member is to be absent; or by a majority vote of the members of the commission at the meeting during which the member is absent.

(7) Each member of the commissions may receive reimbursement for travel expenses incurred in the discharge of his or her duties in accordance with RCW 43.03.050 and 43.03.060. The board and the commissions shall operate on a part-time basis and each member shall receive compensation pursuant to RCW 43.03.250. The principal office of each commission shall be located within the jurisdictional boundaries of each commission. The principal office of the board shall be in the same location as the principal office of the state engineer.

NEW SECTION. Sec. 4. For actions taken by the board, a majority of all of the commissioners shall constitute a quorum. A majority of the members of a commission shall constitute a quorum of the commission for the transaction of any business, for the performance of any duty, or for the exercise of any power of the commission. Any investigation, inquiry, or hearing that a commission has power to undertake or to hold may be undertaken or held by or before any commissioner. All investigations, inquiries, and hearings of a commission, and all findings, orders, or decisions, made by a commissioner, when approved and confirmed by the commission and filed in its office, shall be and be deemed to be the orders or decisions of the commission. All actions of a commission, the board, or of a commissioner acting individually under the authority of this section shall be conducted in accordance with the administrative procedure act, chapter 34.05 RCW.

NEW SECTION. Sec. 5. (1) In addition to the powers, duties, and functions in sections 15 and 16 of this act, the board and the commissions have the powers and duties assigned by this section.

(a) The board shall adopt rules for its operation.

(b) The board shall appoint the state engineer. The state engineer shall serve at the pleasure of the board.

(c) The board shall prepare and approve a proposed budget for the board, the commissions, and the office of the state engineer.

(d) Each commission shall appoint and employ staff as may be necessary for the direct support of the activities of the commission.

(e) Each commission shall approve or deny all interbasin transfers within its jurisdiction with the advice of the state engineer. The board shall by rule adopt procedures for interbasin transfers, consistent with state law.

(2) The board and the commissions severally may adopt rules only: To the extent specifically required by federal law or a court order; to the extent explicitly authorized by state law; or to implement a specific objective of a state statute.

(3) The state engineer shall administer the state's water quantity programs on behalf of the board and the commissions through an office of the state engineer which is hereby created. The state engineer shall be the administrator of the office and the supervisor of the employees of the office.

NEW SECTION. Sec. 6. All proceedings of a commission or of the board are subject to the open public meetings act, chapter 42.30 RCW. All public records in possession of the board, the commissions, and the state engineer shall be subject to chapter 42.17 RCW regarding public records. The board shall make and submit to the governor and the legislature a biennial report beginning January 1998 containing a statement of the transactions and proceedings of its office, together with the information gathered by the board, the commissions, and the state engineer and such other facts, suggestions, and recommendations as the governor may require or the legislature request.

NEW SECTION. Sec. 7. In exercising the powers, duties, and functions transferred to the state engineer in sections 15 and 16 of this act, the state engineer is encouraged to collect data from available sources, conduct analyses and studies by contract, and conduct field investigations by means of memoranda of understanding with units of local government.

PART II

TRANSFER OF POWER

Sec. 8. RCW 43.27A.020 and 1987 c 109 s 31 are each amended to read as follows:

As used in this chapter, and unless the context indicates otherwise, words and phrases shall mean:

(1) "((Department)) Commission" means the ((department of ecology;)) western or eastern water resource commission.

(2) "Director" means the ((director of ecology;)) state engineer.

(3) "State agency" and "state agencies" mean any branch, department or unit of state government, however designated or constituted((;)).

(4) "Water resources" means all waters above, upon, or beneath the surface of the earth, located within the state and over which the state has sole or concurrent jurisdiction.

(5) "Beneficial use" means, but its meaning shall not be limited to: Domestic water supplies; irrigation; fish, shellfish, game, and other aquatic life; recreation; industrial water supplies; generation of hydroelectric power; and navigation.

Sec. 9. RCW 43.27A.090 and 1988 c 127 s 25 are each amended to read as follows:

The ((department)) commissions shall be empowered as follows:

(1) To represent the state at, and fully participate in, the activities of any basin or regional commission, interagency committee, or any other joint interstate or federal-state agency, committee or commission, or publicly financed entity engaged in the planning, development, administration, management, conservation or preservation of the water resources of the state.

(2) To prepare the views and recommendations of the state of Washington on any project, plan, or program relating to the planning, development, administration, management, conservation, and preservation of any waters located in or affecting the state of Washington, including any federal permit or license proposal, and appear on behalf of, and present views and recommendations of the state at any proceeding, negotiation or hearing conducted by the federal government, interstate agency, state or other agency.

(3) To cooperate with, assist, advise and coordinate plans with the federal government and its officers and agencies, and serve as a state liaison agency with the federal government in matters relating to the use, conservation, preservation, ((quality, disposal)) or control of water and activities related thereto.

(4) To cooperate with appropriate agencies of the federal government and/or agencies of other states, to enter into contracts, and to make appropriate contributions to federal or interstate projects and programs and governmental bodies to carry out the provisions of this chapter.

(5) To apply for, accept, administer and expend grants, gifts and loans from the federal government or any other entity to carry out the purposes of this chapter and make contracts and do such other acts as are necessary insofar as they are not inconsistent with other provisions hereof.

(6) ((To develop and maintain a coordinated and comprehensive state water and water resources related development plan, and adopt, with regard to such plan, such policies as are necessary to insure that the waters of the state are used, conserved and preserved for the best interest of the state. There shall be included in the state plan a description of developmental objectives and a statement of the recommended means of accomplishing these objectives. To the extent the director deems desirable, the plan shall integrate into the state plan, the plans, programs, reports, research and studies of other state agencies.

(7))) To assemble and correlate information relating to water supply, power development, irrigation, watersheds, water use, future possibilities of water use and prospective demands for all purposes served through or affected by water resources development.

(((8))) (7) To assemble and correlate state, local and federal laws, regulations, plans, programs, and policies affecting the beneficial use, ((disposal, pollution,)) control, or conservation of water, river basin development, flood prevention, parks, reservations, forests, wildlife refuges, drainage ((and sanitary)) systems, ((waste disposal,)) water works, watershed protection and development, instream flows, soil conservation, power facilities and area and municipal water supply needs, and recommend suitable legislation or other action to the legislature, the congress of the United States, or any city, municipality, or to responsible state, local or federal executive departments or agencies.

(((9))) (8) To cooperate with federal, state, regional, interstate and local public and private agencies in the making of plans for drainage, flood control, use, conservation, allocation and distribution of existing water supplies and the development of new water resource projects.

(((10))) (9) To encourage, assist and advise regional, and city and municipal agencies, officials or bodies responsible for planning in relation to water aspects of their programs, and ((coordinate)) to collect information that facilitates the coordination of local water resources activities, programs, and plans.

(((11))) (10) To ((promulgate)) adopt such rules ((and regulations)) as are necessary to carry out the purposes of this chapter.

(((12))) (11) To hold public hearings, and make such investigations, studies and surveys as are necessary to carry out the purposes of the chapter.

(((13))) (12) To subpoena witnesses, compel their attendance, administer oaths, take the testimony of any person under oath and require the production of any books or papers when the ((department)) commission deems such measures necessary in the exercise of its rule-making power or in determining whether or not any license, certificate, or permit shall be granted or extended.

Sec. 10. RCW 43.27A.130 and 1988 c 127 s 26 are each amended to read as follows:

The ((department of ecology)) state engineer may make complete inventories of the state's water resources and enter into such agreements with the director of the United States geological survey as will insure that investigations and surveys are carried on in an economical manner.

Sec. 11. 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)) state engineer, whenever it appears to the ((department)) engineer 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))) (4) Any other law relating to water resources administered by the ((department)) engineer; or

(((7))) (5) A rule ((or regulation)) adopted, or a directive or order issued by the ((department)) board, a commission, or the state engineer relating to subsections (1) through (((6))) (4) of this section; the ((department)) engineer may cause a written regulatory order to be served upon said 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)) engineer 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.

Sec. 12. RCW 43.21A.020 and 1970 ex.s. c 62 s 2 are each amended to read as follows:

In recognition of the responsibility of state government to carry out the policies set forth in RCW 43.21A.010, it is the purpose of this chapter to establish a single state agency with the authority to manage ((and develop)) our air ((and water)) resources in an orderly, efficient, and effective manner and to carry out a coordinated program of pollution control involving ((these)) air, water, and related land resources. To this end a department of ecology is created by this chapter to undertake, in an integrated manner, the ((various water)) regulation, management, and planning ((and development)) of water quality programs now authorized to be performed by ((the department of water resources and)) the water pollution control commission, the air regulation and management program now performed by the state air pollution control board, the solid waste regulation and management program authorized to be performed by state government as provided by chapter 70.95 RCW, and such other environmental, management protection and development programs as may be authorized by the legislature.

Sec. 13. RCW 43.21A.067 and 1987 c 109 s 27 are each amended to read as follows:

The ((director of ecology)) state engineer may create within ((his department)) the engineer's office a fund to be known as the "basic data fund."

Into such fund shall be deposited all moneys contributed by persons for stream flow, ground water, and water quality data or other hydrographic information furnished by the ((department)) engineer in cooperation with the United States geological survey, and the fund shall be expended on a matching basis with the United States geological survey for the purpose of obtaining additional basic information needed for an intelligent inventory of water resources in the state.

Disbursements from the basic data fund shall be on vouchers approved by the ((department)) engineer and the district engineer of the United States geological survey.

Sec. 14. RCW 90.54.040 and 1988 c 47 s 5 are each amended to read as follows:

(1) The ((department)) water resources board and its commissions, through the adoption of appropriate rules, ((is)) are directed((, as a matter of high priority to insure that the waters of the state are utilized for the best interests of the people,)) to develop and implement in accordance with the policies of this chapter a ((comprehensive state)) water resources program ((which will provide a process for making decisions)) that implements policies on future water resource allocation and use. ((The department may develop the program in segments so that immediate attention may be given to waters of a given physioeconomic region of the state or to specific critical problems of water allocation and use.

The current guidelines, standards, or criteria governing the elements of the water resource program established pursuant to this subsection shall not be altered or amended after March 15, 1988, in accordance with RCW 90.54.022(5).)) The board and commissions shall have the sole and exclusive authority to adopt rules concerning the regulation of surface and ground water.

(2) In relation to the management and regulatory programs relating to water resources vested in ((it)) them, the ((department is)) board and commissions are further directed to modify existing ((regulations)) rules and adopt new ((regulations)) rules, when needed and possible, to insure that existing regulatory programs are in accord with the ((water resource policy of this chapter and the program established in subsection (1) of this section. The current guidelines, standards, or criteria governing the department's implementation of this subsection shall not be altered or amended after March 15, 1988, in accordance with subsection (1) of this section)) policies of chapter . . ., Laws of 1996 (this act).

(3) The ((department is)) commissions are directed to review all statutes relating to water resources which ((it is)) they are responsible for implementing. When any of the same appear to the ((department)) commissions to be ambiguous, burdensome, unclear, unworkable, unnecessary, or otherwise deficient, ((it)) they shall make recommendations to the legislature including appropriate proposals for statutory modifications or additions. Whenever it appears that the policies of any such statutes are in conflict with the policies of chapter . . ., Laws of 1996 (this ((chapter)) act), and the ((department is)) commissions are unable to fully perform as provided in subsection (2) of this section, the ((department is)) commissions are directed to submit statutory modifications to the legislature which, if enacted, would allow the ((department)) commissions to carry out such statutes in harmony with this chapter.

NEW SECTION. Sec. 15. (1) On the effective date of this section, all powers, duties, and functions of the department of ecology pertaining to water resource quantity are transferred to the water resources board, the western Washington and eastern Washington water resource commissions, or the state engineer. The authority to adopt rules regarding those powers, duties, and functions is transferred to the commissions and the administration of those powers, duties, and functions is transferred to the state engineer. All references to the director or the department of ecology in the Revised Code of Washington shall be construed to mean the water resources board, the western Washington and eastern Washington water resource commissions, or the state engineer when referring to the functions transferred in this section.

(2)(a) All reports, documents, surveys, books, records, files, papers, or written material including but not limited to the water resources information system established and maintained under RCW 90.54.030, in the possession of the department of ecology pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the state engineer. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of ecology in carrying out the powers, functions, and duties transferred shall be made available to the water resources board, the western Washington and eastern Washington water resource commissions, and the state engineer. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the water resources board, the western Washington and eastern Washington water resource commissions, and the state engineer.

(b) Any appropriations made to the department of ecology for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the water resources board, the western Washington and eastern Washington water resource commissions, and the state engineer.

(c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

(3) All employees classified under chapter 41.06 RCW, the state civil service law, of the department of ecology engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the water resources board, the western Washington and eastern Washington water resource commissions, and the state engineer. The employees are assigned to the water resources board, the western Washington and eastern Washington water resource commissions, and the state engineer to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

(4) All rules and all pending business before the department of ecology pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the water resources board, the western Washington and eastern Washington water resource commissions, and the state engineer. All existing contracts and obligations shall remain in full force and shall be performed by the water resources board, the western Washington and eastern Washington water resource commissions, and the state engineer.

(5) The transfer of the powers, duties, functions, and personnel of the department of ecology shall not affect the validity of any act performed before the effective date of this section.

(6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

(7) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

(8) This section shall take effect July 1, 1997.

NEW SECTION. Sec. 16. Effective July 1, 1997, the powers and duties of the department of ecology concerning water quantity under the following statutes are transferred to the water resources board and its commissions and to the state engineer: RCW 43.20.230, 43.21A.061, 43.21A.064 except 43.21A.064(2), 43.21A.067, 43.21A.450, 43.21A.460, 43.21A.470, 43.27A.020, 43.27A.090, 43.27A.130, 43.27A.190, chapter 43.83B RCW, RCW 43.99E.025, Title 87 RCW, and chapters 18.104, 89.12, 89.16, 89.30, 90.03, 90.08, 90.14, 90.16, 90.22, 90.24, 90.38, 90.40, 90.42, 90.44, and 90.54 RCW. More specifically, the following powers, duties, programs, and services presently administered and enforced by the department of ecology are transferred to the water resources board, the commissions, and the state engineer:

(1) Water regulation, management, and development;

(2) Permitting authority regarding appropriation, diversion, and use of water;

(3) Data collection and other hydrographic information duties;

(4) Technical assistance powers and duties regarding water quantity;

(5) Authority regarding the water resource aspects of international issues, such as Lake Osoyoos;

(6) Participation with the federal government in development of the Columbia basin project and the Yakima enhancement project;

(7) Duties and powers regarding irrigation districts and reclamation districts;

(8) Reclamation authority for agricultural lands;

(9) Powers and duties, both enforcement and administrative authority over water quantity aspects of water resources, including:

(a) The water codes;

(b) Stream patrolmen and watermasters;

(d) Appropriation of water for public and industrial purposes;

(e) Minimum flows and levels;

(f) Regulation of outflow of lakes;

(g) Yakima river basin water rights;

(h) Water resource management;

(i) Regulation of public ground waters; and

(j) Water well construction.

NEW SECTION. Sec. 17. Although authorities are not transferred from the department of ecology to the water resources board, the eastern and western Washington water resource commissions, and the state engineer until July 1, 1997, the governor, department, board, commissions, and state engineer shall take all actions necessary before July 1, 1997, that will ensure an orderly and effective transfer of authority on that date.

PART III

MISCELLANEOUS

NEW SECTION. Sec. 18. 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 supplemental omnibus appropriations act, this act is null and void.

NEW SECTION. Sec. 19. A new section is added to chapter 43.21A RCW to read as follows:

A rule, order, or directive of the department adopted or issued under chapter 86.16 or 43.37 RCW shall be adopted or issued in accordance with the administrative procedure act, chapter 34.05 RCW, and may be appealed as provided by chapter 43.21B RCW.

NEW SECTION. Sec. 20. Part headings as used in this act do not constitute any part of the law.

NEW SECTION. Sec. 21. Sections 1 through 7, 15, and 16 of this act shall constitute a new chapter in Title 43 RCW.

NEW SECTION. Sec. 22. RCW 43.21A.067 as amended by this act shall be recodified as a section in the new chapter created in section 21 of this act.

NEW SECTION. Sec. 23. The following acts or parts of acts are each repealed:

(1) RCW 43.21A.064 and 1995 c 8 s 3, 1977 c 75 s 46, & 1965 c 8 s 43.21.130; and

(2) RCW 90.54.030 and 1990 c 295 s 2, 1988 c 47 s 4, & 1971 ex.s. c 225 s 3.

NEW SECTION. Sec. 24. Sections 8 through 14, 22, and 23 of this act shall take effect July 1, 1997."

On page 1, line 1 of the title, after "board;" strike the remainder of the title and insert "amending RCW 43.27A.020, 43.27A.090, 43.27A.130, 43.27A.190, 43.21A.020, 43.21A.067, and 90.54.040; adding a new section to chapter 43.21A RCW; adding a new chapter to Title 43 RCW; creating new sections; recodifying RCW 43.21A.067; repealing RCW 43.21A.064 and 90.54.030; and providing effective dates."

Signed by Representatives Huff, Chairman; Clements, Vice Chairman; Pelesky, Vice Chairman; Brumsickle; Carlson; Cooke; Crouse; Dyer; Foreman; Grant; Hickel; Lambert; Linville; McMorris; Reams; Sehlin; Sheahan; Silver; Smith and Talcott.

MINORITY recommendation: Do not pass. Signed by Representatives H. Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Kessler; Poulsen; Rust and Wolfe.

Voting Yea: Representatives Huff, Pelesky, Clements, Brumsickle, Carlson, Cooke, Crouse, Dyer, Foreman, Grant, Hickel, Lambert, Linville, McMorris, Reams, Sehlin, Sheahan, Silver, Smith and Talcott.

Voting Nay: Representatives H. Sommers, Valle, Kessler, Poulsen, Rust and Wolfe.

Excused: Representatives Basich, Beeksma, Chappell, Dellwo and Jacobsen.

Passed to Committee on Rules for second reading.

February 24, 1996

SSB 6430 Prime Sponsor, Committee on Labor, Commerce & Trade: Changing social card game provisions. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass as amended by Committee on Commerce & Labor with the following amendment:

On page 2, after line 21, insert the following:

"NEW SECTION. Sec. 2. The sum of one million dollars, or as much thereof as may be necessary, is appropriated for fiscal year 1997, from the general fund to the Washington state gambling commission for regulating gambling activity."

Correct the title.

Signed by Representatives Huff, Chairman; H. Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Brumsickle; Cooke; Crouse; Dyer; Grant; Hickel; Kessler; Linville; McMorris; Poulsen; Reams; Rust; Sehlin; Sheahan; Silver; Talcott and Wolfe.

MINORITY recommendation: Do not pass. Signed by Representatives Clements, Vice Chairman; Pelesky, Vice Chairman; Carlson; Foreman; Lambert and Smith.

Voting Yea: Representatives Huff, H. Sommers, Valle, Brumsickle, Cooke, Crouse, Dyer, Grant, Hickel, Kessler, Lambert, Linville, McMorris, Poulsen, Reams, Rust, Sehlin, Sheahan, Silver, Talcott and Wolfe.

Voting Nay: Representatives Clements, Pelesky, Carlson, Foreman and Smith.

Excused: Representatives Basich, Beeksma, Chappell, Dellwo and Jacobsen.

Passed to Committee on Rules for second reading.

February 24 1996

SSB 6513 Prime Sponsor, Committee on Ways & Means: Securing a permanent homeport for the U.S.S. Missouri. Reported by Committee on Appropriations

Excused: Representatives Basich, Beeksma, Chappell, Dellwo and Jacobsen.

Passed to Committee on Rules for second reading.

February 24, 1996

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

MAJORITY recommendation: Do pass as amended by Committee on Natural Resources 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."

Excused: Basich, Beeksma, Chappell, Dellwo and Jacobsen.

Passed to Committee on Rules for second reading.

February 24, 1996

SSB 6583 Prime Sponsor, Committee on Higher Education: Clarifying eligibility requirements for state-funded benefits for part-time academic employees of community and technical colleges. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass as amended by Committee on Appropriations and without amendment by Committee on Higher Education 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 28B.50 RCW to read as follows:

For the purposes of determining eligibility of state-mandated insurance and retirement benefits under RCW 28B.10.400 for part-time academic employees in community and technical colleges, the following definitions shall be used:

(1) "Full-time academic workload" means the number of in-class teaching hours that a full-time instructor must teach to fulfill his or her employment obligations in a given discipline in a given college. If full-time academic workload is defined in a contract adopted through the collective bargaining process, that definition shall prevail. If the full-time workload bargained in a contract includes more than in-class teaching hours, only that portion that is in-class teaching hours may be considered academic workload.

(2) "In-class teaching hours" means contact classroom and lab hours in which full or part-time academic employees are performing contractually assigned teaching duties. The in-class teaching hours shall not include any duties performed in support of, or in addition to, those contractually assigned in-class teaching hours.

(3) "Academic employee" in a community or technical college means any teacher, counselor, librarian, or department head who is employed by a college district, whether full or part-time, with the exception of the chief administrative officer of, and any administrator in, each college district.

(4) "Part-time academic workload" means any percentage of a full-time academic workload for which the part-time academic employee is not paid on the full-time academic salary schedule.

NEW SECTION. Sec. 2. A new section is added to chapter 28B.50 RCW to read as follows:

For the purposes of determining eligibility for receipt of state-mandated benefits for part-time academic employees at community and technical colleges, each institution shall report to the appropriate agencies the names of eligible part-time academic employees who qualify for benefits based on calculating the hours worked by part-time academic employees as a percentage of the part-time academic workload to the full-time academic workload in a given discipline in a given institution.

NEW SECTION. Sec. 3. A new section is added to chapter 28B.50 RCW to read as follows:

(1) The legislature finds that community colleges and technical colleges have an obligation to carry out their roles and missions in an equitable fashion. The legislature also finds that governing boards for community colleges and technical colleges have a responsibility to provide leadership and guidance to their colleges in the equitable treatment of part-time faculty teaching in the community and technical colleges.

(2) The state board for community and technical colleges shall convene a task force to conduct a best practices audit of compensation packages and conditions of employment for part-time faculty in the community and technical college system. The task force shall include but need not be limited to part-time faculty, full-time faculty, members of the state board, and members of community college and technical college governing boards. In performing the audit, the task force shall focus on the employment of part-time faculty, and shall include the following issues in its deliberations: Salary issues, provision of health and retirement benefits, the implications of increased reliance on part-time rather than full-time faculty, the implications of workload definitions, and tangible and intangible ways to recognize the professional stature of part-time faculty.

(3) The task force shall report its findings to the state board, local governing boards, and other interested parties by August 30, 1996. The report shall include recommendations on a set of best practices principles for the colleges to follow in their employment of part-time faculty. By September 30, 1996, the state board for community and technical colleges shall adopt and periodically update a set of best practices principles for colleges in the community and technical college system to follow in their employment of part-time faculty. The board shall use the best practices principles in the development of its 1997-99 biennial operating budget request. The board shall encourage and, to the extent possible, require each local governing board to adopt and implement the principles.

NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."

On page 1, line 1 of the title, after "education;" strike the remainder of the title and insert "adding new sections to chapter 28B.50 RCW; and declaring an emergency."

Signed by Representatives Huff, Chairman; Clements, Vice Chairman; Pelesky, Vice Chairman; H. Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Brumsickle; Carlson; Cooke; Crouse; Dyer; Foreman; Grant; Kessler; Lambert; Linville; McMorris; Poulsen; Reams; Rust; Sehlin; Sheahan; Silver; Smith and Wolfe.

MINORITY recommendation: Without recommendation. Signed by Representative Hickel.

Voting Yea: Representatives Huff, Pelesky, Clements, H. Sommers, Valle, Brumsickle, Carlson, Cooke, Crouse, Dyer, Foreman, Grant, Kessler, Lambert, Linville, McMorris, Poulsen, Reams, Rust, Sehlin, Sheahan, Silver, Smith, Talcott and Wolfe.

Voting Nay: Representative Hickel.

Excused: Representatives Basich, Beeksma, Chappell, Dellwo and Jacobsen.

Passed to Committee on Rules for second reading.

February 24, 1996

SSB 6618 Prime Sponsor, Committee on Ways & Means: Measuring state fiscal conditions. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass with the following amendment:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The citizens of Washington should enjoy a high quality of life, which requires a healthy state economy. To achieve this goal, the legislature recognizes that the state must be able to compete economically at a national and international level. It is critical to the economic well-being of the citizens of this state that the legislature strive to continually improve the state's economic climate. Therefore, the legislature intends to provide a mechanism whereby the information necessary to achieve this goal is available on a timely and reliable basis.

NEW SECTION. Sec. 2. (1) The economic climate council is hereby created.

(2) The council shall select a series of no more than ten benchmarks that characterize the competitive environment of the state. The benchmarks should be indicators of the cost of doing business; the education and skills of the work force; a sound infrastructure; and the quality of life. In selecting the appropriate benchmarks, the council shall use the following criteria:

(a) The availability of comparative information for other states and countries;

(b) The timeliness with which benchmark information can be obtained; and

The council shall report to the governor and the fiscal committees of the senate and the house of representatives by September 30, 1996, on the benchmarks selected under this subsection (2).

(3) Periodically each year the council shall prepare an official state economic climate report on the present status of benchmarks, changes in the benchmarks since the previous report, and the reasons for the changes. The reports shall include current benchmark comparisons with other states and countries, and an analysis of factors related to the benchmarks that may affect the ability of the state to compete economically at the national and international level.

(4) The council shall periodically submit reports prepared under this section to the governor and the fiscal committees of the senate and the house of representatives. The first report shall be made by September 30, 1996.

(5) All agencies of state government shall provide to the council immediate access to all information relating to economic climate reports.

NEW SECTION. Sec. 3. (1) Until July 1, 1997, the economic and revenue forecast council shall, in addition to its other duties and responsibilities, function as the economic climate council created under section 2 of this act.

(2) The staff of the economic and revenue forecast council shall serve as staff to the economic climate council until July 1, 1997.

(3) By September 30, 1996, the council shall make recommendations to the legislature regarding: (a) Permanent composition of the economic climate council, including the procedures for appointment of members, length of terms, selection of a chair, and reimbursement for expenses or other compensation; and (b) a permanent staffing structure to support the work of the economic climate council.

NEW SECTION. Sec. 4. (1) The economic climate council shall create an advisory committee to assist the council in selecting benchmarks and developing economic climate reports and benchmarks. The advisory committee shall provide for a process to ensure public participation in the selection of the benchmarks. The advisory committee shall consist of no more than seven members. At least two of the members of the advisory committee shall have experience in and represent business, and at least two of the members shall have experience in and represent labor. All of the members of the advisory committee shall have special expertise and interest in the state's economic climate and competitive strategies. Appointments to the advisory committee shall be recommended by the chair of the council and approved by a two-thirds vote of the council. The chair of the advisory committee shall be selected by the members of the committee.

(2) The advisory committee shall meet as determined by the chair of the committee until September 30, 1996, and shall meet at least twice per year thereafter in advance of the economic climate reports.

(3) Members of the advisory council shall serve without compensation but shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060 while attending meetings of the advisory committee, sessions of the economic climate council, or on official business authorized by the council.

NEW SECTION. Sec. 5. Sections 1, 2, and 4 of this act shall constitute a new chapter in Title 82 RCW.

On page 1, line 2 of the title, after "performance;" strike the remainder of the title and insert "adding a new chapter to Title 82 RCW; and creating a new section."

Signed by Representatives Huff, Chairman; Clements, Vice Chairman; Pelesky, Vice Chairman; H. Sommers, Ranking Minority Member; Brumsickle; Carlson; Cooke; Crouse; Dyer; Foreman; Grant; Hickel; Kessler; Lambert; Linville; McMorris; Reams; Rust; Sehlin; Sheahan; Silver; Smith; Talcott and Wolfe.

MINORITY recommendation: Without recommendation. Signed by Representatives Valle, Assistant Ranking Minority Member; and Poulsen.

Voting Yea: Representatives Huff, Pelesky, Clements, H. Sommers, Brumsickle, Carlson, Cooke, Crouse, Dyer, Foreman, Grant, Hickel, Kessler, Lambert, Linville, McMorris, Reams, Rust, Sehlin, Sheahan, Silver, Smith, Talcott and Wolfe.

Voting Nay: Representatives Valle and Poulsen.

Excused: Representatives Basich, Beeksma, Chappell, Dellwo and Jacobsen.

Passed to Committee on Rules for second reading.

February 24, 1996

ESSB 6680 Prime Sponsor, Committee on Ways & Means: Strengthening legislative review of agency performance. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass as amended by Committee on Appropriations and without amendment by Committee on Government Operations with the following amendment:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. Public officials, public employees, legislators, and citizens recognize the need to review the value and relative priority of many programs throughout state government in the context of constantly changing conditions, limitations, and requirements for state government. They also share the objective of improving the performance of state agencies and programs, thereby increasing effectiveness and efficiency.

The legislature must become more effective in its role of directing public policy and ensuring the public accountability of state programs, managers, and employees. With the support of the legislature, the executive branch must implement practices and processes that will improve performance, accountability, and public confidence in state government. The governor and the legislature shall use results from the performance assessment processes established by this chapter in establishing state budget policy and priorities. The budget process must become an effective means of ensuring compliance with performance improvement requirements.

The purpose of this chapter is to ensure that all state agencies and programs have a valid and necessary mission and that the agencies have clearly defined performance objectives, quality objectives, and cost objectives that are appropriately balanced. Each agency and program should operate within a strategic plan that includes the mission of the agency or program, measurable goals, strategies, and performance measurement systems that are vital tools used for agency management, legislative budget and policy deliberations, and public accountability. State agencies should engage customers, taxpayers, employees, and the legislature in the development and redevelopment of these plans. The strategic plans should be the framework within which agencies continuously assess the value and relative priority of their various functions. In order to streamline state government and redirect resources more effectively, the legislature intends to begin a systematic, fundamental review of the functions of state programs.

In developing future legislation to create new programs and activities in state government, or redirect existing programs and activities, the legislature shall include in such legislation the specific purpose and measurable goals of the program or activity.

NEW SECTION. Sec. 2. The legislative committee on performance review is established.

(1) The thirteen-member committee consists of:

(a) The majority leader of the senate;

(b) The majority leader of the house of representatives;

(d) The minority leader of the house of representatives;

(e) The chair and ranking minority member of the senate ways and means committee;

(f) The chair and ranking minority member of the house of representatives appropriations committee;

(g) Four additional members, one each from the majority and minority caucuses of the senate and the house of representatives; and

(h) The lieutenant governor, who shall serve as a nonvoting member and chair of the committee.

(2) Members of the committee shall serve without additional compensation but shall be reimbursed for travel expenses in accordance with RCW 44.04.120 while attending meetings of the committee or any subcommittee or on other business authorized by the committee.

(3) An executive committee is established, consisting of the majority leader and minority leader of the senate and the majority leader and minority leader of the house of representatives. The function of the executive committee is to appoint the director of the legislative office of performance review. Approval by an affirmative vote of at least three members of the committee is required for decisions regarding employment of the director. Employment of the director terminates after each term of three years. At the end of the first year of each three-year term, the committee shall consider extension of the term by one year. However, at any time during the term of office, the employment of the director may be terminated by a unanimous vote of the executive committee. The executive committee shall set the salary of the director.

NEW SECTION. Sec. 3. (1) The director shall establish and manage a legislative office of performance review to carry out the functions described in this chapter.

(2) In consultation with the executive committee, the director may select and employ personnel necessary to carry out the purposes of this chapter. Salaries for employees of the legislative office of performance review, other than the director, shall be set with the approval of the executive committee, the secretary of the senate, and the chief clerk of the house of representatives.

(3) The director has primary responsibility for performance reviews of state agencies, programs, and activities. The director shall consult with the state auditor, the legislative auditor of the legislative budget committee, and the director of financial management in the conduct of performance reviews. The director shall also consult with the chairs and staff of the appropriate legislative standing committees.

NEW SECTION. Sec. 4. (1) Performance reviews under this chapter shall include a rethinking of the programs and functions of state agencies to assess whether or not they have a vital purpose or valid mission. The director shall work to involve frontline employees, agency and program managers, customers of the program or service, other taxpayers, legislators, legislative staff, office of financial management staff, and other external public and private sector experts as deemed appropriate in conducting performance reviews. The director shall, as necessary, contract with experts from either the private or public sector to assist in performance reviews.

(2) In preparation for a performance review, a state agency shall identify each of its discrete functions or activities, along with associated costs and full-time equivalent staff, as requested by the director. In reviewing the agency or program, the director shall identify those activities and programs that should be strengthened, those that should be abandoned, and those that need to be redirected or other alternatives explored. The review should consider: (a) Whether or not the purpose for which the agency or program was created is still valid based on the circumstances under which the program was created versus those that exist at the time of the review; (b) the relative priority of the program among the agency's functions; (c) costs or implications of not performing the function; (d) citizen's individual responsibilities and freedoms; (e) whether or not the mission of the agency or program is attainable considering the effect of factors and circumstances beyond the control of the agency; and (f) in the event of inadequate performance by the program, the potential for a workable, affordable plan to improve performance.

(3) Performance reviews must also determine the existence and utility of an agency or program strategic plan that includes a concise statement of the agency's or program's mission, a vision for future direction, measurable goals and objectives, and clear strategies and specific timelines to achieve them. The director shall determine the extent to which the plan: (a) Forms the basis of agency management practices and continuous process reevaluation and improvement; (b) can be used to clearly identify and prioritize agency functions; (c) provides a valuable basis for legislative policy and budget deliberations; (d) is used to ensure accountability of employees, particularly managers, for achieving program goals, and is a primary consideration in retention and promotion of staff; (e) is used to assess the quality and effectiveness of the agency's programs and activities; (f) appropriately balances cost objectives, quality objectives, and performance objectives; and (g) is useful in demonstrating public accountability. The agency strategic plan shall provide for periodic self-assessment by the agency to determine whether the agency is achieving the goals and objectives of its programs. Where self-assessments have been completed by an agency, the assessments must be incorporated into a performance review conducted under this chapter.

(4) If the state agency or program being reviewed has not identified acceptable organizations or programs in the public or private sector to be used as benchmarks against which to measure its performance, the director shall conduct a review sufficient to recommend such benchmarks to the agency, the governor, and the legislature.

(5) As a part of each performance review and in consultation with the director of the agency being reviewed and the director of financial management, the director of the legislative office of performance review shall develop recommendations regarding statutes that inhibit or do not contribute to the agency's ability to perform its functions effectively and efficiently.

(6) Based on the information and conclusions compiled from the work required in subsections (1) through (5) of this section, the director shall develop an advisory recommendation for the governor and the legislature regarding whether an agency, programs of an agency, or activities within an agency should be continued, abandoned, or restructured.

NEW SECTION. Sec. 5. Before the completion of each legislative session and in conjunction with development of the final omnibus appropriations act, the legislative committee on performance review shall approve a performance review plan for the next twelve to fifteen months. The performance review plan must include a schedule of agencies, programs, or activities for which performance reviews will be initiated during that period. The plan must also include anticipated performance review revolving fund charges to each individual agency scheduled for review. Appropriations for scheduled agencies shall be adjusted in the omnibus appropriations act to reflect the anticipated charges. For each performance review included, the plan must identify the role of the legislative office of performance review and the state auditor, as well as the need to contract for additional public or private sector expertise. In preparing a draft plan for consideration by the committee, the director shall consult with the state auditor, the chair and staff of the legislative budget committee, the director of financial management, and the chairs and staff of appropriate legislative standing committees. The committee shall meet quarterly to review progress on the plan and, if necessary, revise the plan.

NEW SECTION. Sec. 6. When the director has completed a performance review and before public release of the findings, the affected agency and the office of financial management may respond to the review. The director shall incorporate the agency's and the office of financial management's response into the final report. The legislative committee on performance review may also review and comment on the director's findings. The director shall include the comments of the committee in the final report as a separate addendum. Final reports of findings of the director from agency and program performance reviews must be transmitted to the agency, the director of financial management, and appropriate legislative committees and must be made available for public review.

NEW SECTION. Sec. 7. The performance review revolving fund is established in the state treasury. Expenditures from the fund may be spent only by appropriation. The fund is established to assist in recovering the costs of performance reviews from the audited agency or program. Subject to appropriation, the director shall assess agencies all or a portion of the cost of performance reviews.

The cost of performance reviews includes all direct and indirect costs and other expenses incurred by the director in fulfilling his or her statutory responsibilities.

Costs of the reviews may also be paid from other funds appropriated to the legislative office of performance review.

NEW SECTION. Sec. 8. To ensure the accuracy and timeliness of information used as the basis for performance reviews and other responsibilities of the legislature, the director shall be provided direct and unrestricted access to information held by any state agency. Agencies shall submit directly to the legislative office of performance review, on a confidential basis, all data and other information requested, including tax records and client data.

Sec. 9. RCW 43.88.030 and 1994 c 247 s 7 and 1994 c 219 s 2 are each reenacted and amended to read as follows:

(1) The director of financial management shall provide all agencies with a complete set of instructions for submitting biennial budget requests to the director at least three months before agency budget documents are due into the office of financial management. The director shall provide agencies that are required under RCW 44.40.070 to develop comprehensive six-year program and financial plans with a complete set of instructions for submitting these program and financial plans at the same time that instructions for submitting other budget requests are provided. The budget document or documents shall consist of the governor's budget message which shall be explanatory of the budget and shall contain an outline of the proposed financial policies of the state for the ensuing fiscal period, as well as an outline of the proposed six-year financial policies where applicable, and shall describe in connection therewith the important features of the budget. The message shall set forth the reasons for salient changes from the previous fiscal period in expenditure and revenue items and shall explain any major changes in financial policy. Attached to the budget message shall be such supporting schedules, exhibits and other explanatory material in respect to both current operations and capital improvements as the governor shall deem to be useful to the legislature. The budget document or documents shall set forth a proposal for expenditures in the ensuing fiscal period, or six-year period where applicable, based upon the estimated revenues as approved by the economic and revenue forecast council or upon the estimated revenues of the office of financial management for those funds, accounts, and sources for which the office of the economic and revenue forecast council does not prepare an official forecast, including those revenues anticipated to support the six-year programs and financial plans under RCW 44.40.070. In estimating revenues to support financial plans under RCW 44.40.070, the office of financial management shall rely on information and advice from the interagency revenue task force. Revenues shall be estimated for such fiscal period from the source and at the rates existing by law at the time of submission of the budget document, including the supplemental budgets submitted in the even-numbered years of a biennium. However, the estimated revenues for use in the governor's budget document may be adjusted to reflect budgetary revenue transfers and revenue estimates dependent upon budgetary assumptions of enrollments, workloads, and caseloads. All adjustments to the approved estimated revenues must be set forth in the budget document. The governor may additionally submit, as an appendix to each supplemental, biennial, or six-year agency budget or to the budget document or documents, a proposal for expenditures in the ensuing fiscal period from revenue sources derived from proposed changes in existing statutes.

Supplemental and biennial documents shall reflect a six-year expenditure plan consistent with estimated revenues from existing sources and at existing rates for those agencies required to submit six-year program and financial plans under RCW 44.40.070. Any additional revenue resulting from proposed changes to existing statutes shall be separately identified within the document as well as related expenditures for the six-year period.

The budget document or documents shall also contain:

(a) Revenues classified by fund and source for the immediately past fiscal period, those received or anticipated for the current fiscal period, those anticipated for the ensuing biennium, and those anticipated for the ensuing six-year period to support the six-year programs and financial plans required under RCW 44.40.070;

(b) The undesignated fund balance or deficit, by fund;

(c) Such additional information dealing with expenditures, revenues, workload, performance, and personnel as the legislature may direct by law or concurrent resolution;

(d) Such additional information dealing with revenues and expenditures as the governor shall deem pertinent and useful to the legislature;

(e) Tabulations showing expenditures classified by fund, function, activity and object;

(f) A delineation of each agency's activities, including those activities funded from nonbudgeted, nonappropriated sources, including funds maintained outside the state treasury;

(g) Identification of all proposed direct expenditures to implement the Puget Sound water quality plan under chapter 90.70 RCW, shown by agency and in total; and

(h) Tabulations showing each postretirement adjustment by retirement system established after fiscal year 1991, to include, but not be limited to, estimated total payments made to the end of the previous biennial period, estimated payments for the present biennium, and estimated payments for the ensuing biennium.

(2) The budget document or documents shall include detailed estimates of all anticipated revenues applicable to proposed operating or capital expenditures and shall also include all proposed operating or capital expenditures. The total of beginning undesignated fund balance and estimated revenues less working capital and other reserves shall equal or exceed the total of proposed applicable expenditures. The budget document or documents shall further include:

(a) Interest, amortization and redemption charges on the state debt;

(b) Payments of all reliefs, judgments and claims;

(d) Expenditures incident to the operation for each agency;

(e) Revenues derived from agency operations;

(f) Expenditures and revenues shall be given in comparative form showing those incurred or received for the immediately past fiscal period and those anticipated for the current biennium and next ensuing biennium, as well as those required to support the six-year programs and financial plans required under RCW 44.40.070;

(g) A showing and explanation of amounts of general fund and other funds obligations for debt service and any transfers of moneys that otherwise would have been available for appropriation;

(h) Common school expenditures on a fiscal-year basis;

(i) A showing, by agency, of the value and purpose of financing contracts for the lease/purchase or acquisition of personal or real property for the current and ensuing fiscal periods; ((and))

(j) A showing and explanation of anticipated amounts of general fund and other funds required to amortize the unfunded actuarial accrued liability of the retirement system specified under chapter 41.45 RCW, and the contributions to meet such amortization, stated in total dollars and as a level percentage of total compensation; and

(k) For each agency, a description of the findings and recommendations of any applicable review by the legislative office of performance review conducted during the prior fiscal period. The budget document must describe the potential costs and savings associated with implementing the findings and recommendations, including any recommendations for program eliminations.

(3) A separate capital budget document or schedule shall be submitted that will contain the following:

(a) A statement setting forth a long-range facilities plan for the state that identifies and includes the highest priority needs within affordable spending levels;

(b) A capital program consisting of proposed capital projects for the next biennium and the two biennia succeeding the next biennium consistent with the long-range facilities plan. Insomuch as is practical, and recognizing emergent needs, the capital program shall reflect the priorities, projects, and spending levels proposed in previously submitted capital budget documents in order to provide a reliable long-range planning tool for the legislature and state agencies;

(d) A statement of the reason or purpose for a project;

(e) Verification that a project is consistent with the provisions set forth in chapter 36.70A RCW;

(f) A statement about the proposed site, size, and estimated life of the project, if applicable;

(g) Estimated total project cost;

(h) For major projects valued over five million dollars, estimated costs for the following project components: Acquisition, consultant services, construction, equipment, project management, and other costs included as part of the project. Project component costs shall be displayed in a standard format defined by the office of financial management to allow comparisons between projects;

(i) Estimated total project cost for each phase of the project as defined by the office of financial management;

(j) Estimated ensuing biennium costs;

(k) Estimated costs beyond the ensuing biennium;

(l) Estimated construction start and completion dates;

(m) Source and type of funds proposed;

(n) Estimated ongoing operating budget costs or savings resulting from the project, including staffing and maintenance costs;

(o) For any capital appropriation requested for a state agency for the acquisition of land or the capital improvement of land in which the primary purpose of the acquisition or improvement is recreation or wildlife habitat conservation, the capital budget document, or an omnibus list of recreation and habitat acquisitions provided with the governor's budget document, shall identify the projected costs of operation and maintenance for at least the two biennia succeeding the next biennium. Omnibus lists of habitat and recreation land acquisitions shall include individual project cost estimates for operation and maintenance as well as a total for all state projects included in the list. The document shall identify the source of funds from which the operation and maintenance costs are proposed to be funded;

(p) Such other information bearing upon capital projects as the governor deems to be useful;

(q) Standard terms, including a standard and uniform definition of maintenance for all capital projects;

(r) Such other information as the legislature may direct by law or concurrent resolution.

For purposes of this subsection (3), the term "capital project" shall be defined subsequent to the analysis, findings, and recommendations of a joint committee comprised of representatives from the house capital appropriations committee, senate ways and means committee, legislative transportation committee, legislative evaluation and accountability program committee, and office of financial management.

(4) No change affecting the comparability of agency or program information relating to expenditures, revenues, workload, performance and personnel shall be made in the format of any budget document or report presented to the legislature under this section or RCW 43.88.160(1) relative to the format of the budget document or report which was presented to the previous regular session of the legislature during an odd-numbered year without prior legislative concurrence. Prior legislative concurrence shall consist of (a) a favorable majority vote on the proposal by the standing committees on ways and means of both houses if the legislature is in session or (b) a favorable majority vote on the proposal by members of the legislative evaluation and accountability program committee if the legislature is not in session.

Sec. 10. RCW 43.88.090 and 1994 c 184 s 10 are each amended to read as follows:

(1) For purposes of developing budget proposals to the legislature, the governor shall have the power, and it shall be the governor's duty, to require from proper agency officials such detailed estimates and other information in such form and at such times as the governor shall direct. The estimates for the legislature and the judiciary shall be transmitted to the governor and shall be included in the budget without revision. The estimates for state pension contributions shall be based on the rates provided in chapter 41.45 RCW. Copies of all such estimates shall be transmitted to the standing committees on ways and means of the house and senate at the same time as they are filed with the governor and the office of financial management.

The estimates shall include statements or tables which indicate, by agency, the state funds which are required for the receipt of federal matching revenues. The estimates shall be revised as necessary to reflect legislative enactments and adopted appropriations and shall be included with the initial biennial allotment submitted under RCW 43.88.110.

(2) Each state agency shall define its mission and establish measurable goals for achieving desirable results for those who receive its services and the taxpayers who pay for those services. Each agency shall also develop clear strategies and timelines to achieve its goals. This section does not require an agency to develop a new mission or goals in place of identifiable missions or goals that meet the intent of this section. The mission and goals of each agency must conform to statutory direction and limitations.

(3) For the purpose of assessing program performance, each state agency shall establish program objectives for each major program in its budget. The objectives must be consistent with the missions and goals developed under this section. The objectives must be expressed to the extent practicable in outcome-based, objective, and measurable form unless an exception to adopt a different standard is granted by the office of financial management and approved by the legislative committee on performance review. The office of financial management shall provide necessary professional and technical assistance to assist state agencies in the development of strategic plans that include the mission of the agency and its programs, measurable goals, strategies, and performance measurement systems.

(4) Each state agency shall adopt procedures for continuous self-assessment of each program and activity, using the mission, goals, objectives, and measurements required under subsections (2) and (3) of this section.

(5) It is the policy of the legislature that each agency's budget proposals must be directly linked to the agency's stated mission and program goals and objectives. Consistent with this policy, agency budget proposals must include integration of performance measures that allow objective determination of a program's success in achieving its goals. The office of financial management shall develop a plan to merge the budget development process with agency performance assessment procedures. The plan must include a schedule to integrate agency strategic plans and performance measures into agency budget requests and the governor's budget proposal over three fiscal biennia. The plan must identify those agencies that will implement the revised budget process in the 1997-1999 biennium, the 1999-2001 biennium, and the 2001-2003 biennium. In consultation with the legislative fiscal committees, the office of financial management shall recommend statutory and procedural modifications to the state's budget, accounting, and reporting systems to facilitate the performance assessment procedures and the merger of those procedures with the state budget process. The plan and recommended statutory and procedural modifications must be submitted to the legislative fiscal committees by September 30, 1996.

(6) In the year of the gubernatorial election, the governor shall invite the governor-elect or the governor-elect's designee to attend all hearings provided in RCW 43.88.100; and the governor shall furnish the governor-elect or the governor-elect's designee with such information as will enable the governor-elect or the governor-elect's designee to gain an understanding of the state's budget requirements. The governor-elect or the governor-elect's designee may ask such questions during the hearings and require such information as the governor-elect or the governor-elect's designee deems necessary and may make recommendations in connection with any item of the budget which, with the governor-elect's reasons therefor, shall be presented to the legislature in writing with the budget document. Copies of all such estimates and other required information shall also be submitted to the standing committees on ways and means of the house and senate.

Sec. 11. RCW 43.88.160 and 1994 c 184 s 11 are each amended to read as follows:

This section sets forth the major fiscal duties and responsibilities of officers and agencies of the executive branch. The regulations issued by the governor pursuant to this chapter shall provide for a comprehensive, orderly basis for fiscal management and control, including efficient accounting and reporting therefor, for the executive branch of the state government and may include, in addition, such requirements as will generally promote more efficient public management in the state.

(1) Governor; director of financial management. The governor, through the director of financial management, shall devise and supervise a modern and complete accounting system for each agency to the end that all revenues, expenditures, receipts, disbursements, resources, and obligations of the state shall be properly and systematically accounted for. The accounting system shall include the development of accurate, timely records and reports of all financial affairs of the state. The system shall also provide for central accounts in the office of financial management at the level of detail deemed necessary by the director to perform central financial management. The director of financial management shall adopt and periodically update an accounting procedures manual. Any agency maintaining its own accounting and reporting system shall comply with the updated accounting procedures manual and the rules of the director adopted under this chapter. An agency may receive a waiver from complying with this requirement if the waiver is approved by the director. Waivers expire at the end of the fiscal biennium for which they are granted. The director shall forward notice of waivers granted to the appropriate legislative fiscal committees. The director of financial management may require such financial, statistical, and other reports as the director deems necessary from all agencies covering any period.

(2) The director of financial management is responsible for quarterly reporting of primary operating budget drivers such as applicable workloads, caseload estimates, and appropriate unit cost data. These reports shall be transmitted to the legislative fiscal committees or by electronic means to the legislative evaluation and accountability program committee. Quarterly reports shall include actual monthly data and the variance between actual and estimated data to date. The reports shall also include estimates of these items for the remainder of the budget period.

(3) The director of financial management shall report at least annually to the appropriate legislative committees regarding the status of all appropriated capital projects, including transportation projects, showing significant cost overruns or underruns. If funds are shifted from one project to another, the office of financial management shall also reflect this in the annual variance report. Once a project is complete, the report shall provide a final summary showing estimated start and completion dates of each project phase compared to actual dates, estimated costs of each project phase compared to actual costs, and whether or not there are any outstanding liabilities or unsettled claims at the time of completion.

(4) In addition, the director of financial management, as agent of the governor, shall:

(a) Develop and maintain a system of internal controls and internal audits comprising methods and procedures to be adopted by each agency that will safeguard its assets, check the accuracy and reliability of its accounting data, promote operational efficiency, and encourage adherence to prescribed managerial policies for accounting and financial controls. The system developed by the director shall include criteria for determining the scope and comprehensiveness of internal controls required by classes of agencies, depending on the level of resources at risk.

Each agency head or authorized designee shall be assigned the responsibility and authority for establishing and maintaining internal audits following the standards of internal auditing of the institute of internal auditors;

(b) Make surveys and analyses of agencies with the object of determining better methods and increased effectiveness in the use of manpower and materials; and the director shall authorize expenditures for employee training to the end that the state may benefit from training facilities made available to state employees;

(d) Report to the governor with regard to duplication of effort or lack of coordination among agencies;

(e) Review any pay and classification plans, and changes thereunder, developed by any agency for their fiscal impact: PROVIDED, That none of the provisions of this subsection shall affect merit systems of personnel management now existing or hereafter established by statute relating to the fixing of qualifications requirements for recruitment, appointment, or promotion of employees of any agency. The director shall advise and confer with agencies including appropriate standing committees of the legislature as may be designated by the speaker of the house and the president of the senate regarding the fiscal impact of such plans and may amend or alter said plans, except that for the following agencies no amendment or alteration of said plans may be made without the approval of the agency concerned: Agencies headed by elective officials;

(f) Fix the number and classes of positions or authorized man years of employment for each agency and during the fiscal period amend the determinations previously fixed by the director except that the director shall not be empowered to fix said number or said classes for the following: Agencies headed by elective officials;

(g) ((Provide for transfers and repayments between the budget stabilization account and the general fund as directed by appropriation and RCW 43.88.525 through 43.88.540;

(h))) Adopt rules to effectuate provisions contained in (a) through (((g))) (f) of this subsection.

(5) The treasurer shall:

(a) Receive, keep, and disburse all public funds of the state not expressly required by law to be received, kept, and disbursed by some other persons: PROVIDED, That this subsection shall not apply to those public funds of the institutions of higher learning which are not subject to appropriation;

(b) Receive, disburse, or transfer public funds under the treasurer's supervision or custody;

(c) Keep a correct and current account of all moneys received and disbursed by the treasurer, classified by fund or account;

(d) Coordinate agencies' acceptance and use of credit cards and other payment methods, if the agencies have received authorization under RCW 43.41.180;

(e) Perform such other duties as may be required by law or by regulations issued pursuant to this law.

It shall be unlawful for the treasurer to disburse public funds in the treasury except upon forms or by alternative means duly prescribed by the director of financial management. These forms or alternative means shall provide for authentication and certification by the agency head or the agency head's designee that the services have been rendered or the materials have been furnished; or, in the case of loans or grants, that the loans or grants are authorized by law; or, in the case of payments for periodic maintenance services to be performed on state owned equipment, that a written contract for such periodic maintenance services is currently in effect and copies thereof are on file with the office of financial management; and the treasurer shall not be liable under the treasurer's surety bond for erroneous or improper payments so made. When services are lawfully paid for in advance of full performance by any private individual or business entity other than as provided for by RCW 42.24.035, such individual or entity other than central stores rendering such services shall make a cash deposit or furnish surety bond coverage to the state as shall be fixed in an amount by law, or if not fixed by law, then in such amounts as shall be fixed by the director of the department of general administration but in no case shall such required cash deposit or surety bond be less than an amount which will fully indemnify the state against any and all losses on account of breach of promise to fully perform such services. No payments shall be made in advance for any equipment maintenance services to be performed more than three months after such payment. Any such bond so furnished shall be conditioned that the person, firm or corporation receiving the advance payment will apply it toward performance of the contract. The responsibility for recovery of erroneous or improper payments made under this section shall lie with the agency head or the agency head's designee in accordance with regulations issued pursuant to this chapter. Nothing in this section shall be construed to permit a public body to advance funds to a private service provider pursuant to a grant or loan before services have been rendered or material furnished.

(6) The state auditor shall:

(a) Report to the legislature the results of current post audits that have been made of the financial transactions of each agency; to this end the auditor may, in the auditor's discretion, examine the books and accounts of any agency, official, or employee charged with the receipt, custody, or safekeeping of public funds. Where feasible in conducting examinations, the auditor shall utilize data and findings from the internal control system prescribed by the office of financial management. The current post audit of each agency may include a section on recommendations to the legislature as provided in (c) of this subsection.

(b) Give information to the legislature, whenever required, upon any subject relating to the financial affairs of the state.

(c) Make the auditor's official report on or before the thirty-first of December which precedes the meeting of the legislature. The report shall be for the last complete fiscal period and shall include determinations as to whether agencies, in making expenditures, complied with the laws of this state. The state auditor ((is authorized to)) may perform or participate in performance verifications ((only as)) and performance reviews under chapter 44.--- RCW (sections 1 through 8 of this act) if expressly authorized by the performance review plan adopted by the legislative committee on performance review or if expressly authorized by the legislature in the omnibus biennial appropriations acts. The state auditor, upon completing an audit for legal and financial compliance under chapter 43.09 RCW or a performance verification or performance review, may report to the legislative budget committee, legislative committee on performance review, or other appropriate committees of the legislature, in a manner prescribed by the legislative budget committee or the director of the legislative office of performance review, on facts relating to the management or performance of governmental programs where such facts are discovered incidental to the legal and financial audit ((or)), performance verification, or performance review. The auditor may make such a report to a legislative committee only if the auditor has determined that the agency has been given an opportunity and has failed to resolve the management or performance issues raised by the auditor. If the auditor makes a report to a legislative committee, the agency may submit to the committee a response to the report. This subsection (6) shall not be construed to authorize the auditor to allocate other than de minimis resources to performance audits except as expressly authorized in the appropriations acts or the performance review plan.

(d) Be empowered to take exception to specific expenditures that have been incurred by any agency or to take exception to other practices related in any way to the agency's financial transactions and to cause such exceptions to be made a matter of public record, including disclosure to the agency concerned and to the director of financial management. It shall be the duty of the director of financial management to cause corrective action to be taken promptly, such action to include, as appropriate, the withholding of funds as provided in RCW 43.88.110.

(e) Promptly report any irregularities to the attorney general.

(f) Investigate improper governmental activity under chapter 42.40 RCW.

(7) The legislative budget committee may:

(a) Make post audits of the financial transactions of any agency and management surveys and program reviews as provided for in RCW 44.28.085 as well as performance audits and program evaluations. To this end the committee may in its discretion examine the books, accounts, and other records of any agency, official, or employee.

(b) Give information to the legislature or any legislative committee whenever required upon any subject relating to the performance and management of state agencies.

(i) Determinations as to the extent to which agencies in making expenditures have complied with the will of the legislature and in this connection, may take exception to specific expenditures or financial practices of any agencies; and

(ii) Such plans as it deems expedient for the support of the state's credit, for lessening expenditures, for promoting frugality and economy in agency affairs and generally for an improved level of fiscal management.

NEW SECTION. Sec. 12. The following acts or parts of acts are each repealed:

(1) RCW 43.88B.005 and 1994 c 184 s 1;

(2) RCW 43.88B.007 and 1994 c 184 s 2;

(3) RCW 43.88B.010 and 1994 c 184 s 3;

(4) RCW 43.88B.020 and 1994 c 184 s 4;

(5) RCW 43.88B.030 and 1994 c 184 s 5;

(6) RCW 43.88B.031 and 1994 c 184 s 6;

(7) RCW 43.88B.040 and 1994 c 184 s 7;

(8) RCW 43.88B.050 and 1994 c 184 s 8;

(9) RCW 43.88B.900 and 1994 c 184 s 13; and

(10) RCW 43.88B.901 and 1994 c 184 s 15.

NEW SECTION. Sec. 13. Sections 1 through 8 of this act constitute a new chapter in Title 44 RCW.

NEW SECTION. Sec. 14. If specific funding for purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1996, in the supplemental omnibus appropriations act, this act is null and void."

In line 1 of the title, after "government;" strike the remainder of the title and insert "amending RCW 43.88.090 and 43.88.160; reenacting and amending RCW 43.88.030; adding a new chapter to Title 44 RCW; creating a new section; and repealing RCW 43.88B.005, 43.88B.007, 43.88B.010, 43.88B.020, 43.88B.030, 43.88B.031, 43.88B.040, 43.88B.050, 43.88B.900, and 43.88B.901."

Excused: Representatives Basich, Beeksma, Chappell, Dellwo and Jacobsen.

Passed to Committee on Rules for second reading.

February 24, 19964

SB 6684 Prime Sponsor, McAuliffe: Authorizing student transportation funding for students living within one mile of the school. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass as amended by Committee on Appropriations and without amendment by Committee on Education with the following amendment:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 28A.160.150 and 1990 c 33 s 141 are each amended to read as follows:

Funds allocated for transportation costs shall be in addition to the basic education allocation. The distribution formula developed in RCW 28A.160.150 through 28A.160.180 shall be for allocation purposes only and shall not be construed as mandating specific levels of pupil transportation services by local districts. Operating costs as determined under RCW 28A.160.150 through 28A.160.180 shall be funded at one hundred percent or as close thereto as reasonably possible for transportation of an eligible student to and from school as defined in RCW 28A.160.160(3). In addition, funding shall be provided for transportation services for students living within one radius mile from school as determined under RCW 28A.160.180(2).

Sec. 2. RCW 28A.160.160 and 1995 c 77 s 17 are each amended to read as follows:

For purposes of RCW 28A.160.150 through 28A.160.190, except where the context shall clearly indicate otherwise, the following definitions apply:

(1) "Eligible student" means any student served by the transportation program of a school district or compensated for individual transportation arrangements authorized by RCW 28A.160.030 whose route stop is more than one radius mile from the student's school, except if the student to be transported((: (a))) is disabled under RCW 28A.155.020 and is either not ambulatory or not capable of protecting his or her own welfare while traveling to or from the school or agency where special education services are provided, in which case no mileage distance restriction applies((; or (b) qualifies for an exemption due to hazardous walking conditions)).

(2) "Superintendent" means the superintendent of public instruction.

(3) "To and from school" means the transportation of students for the following purposes:

(a) Transportation to and from route stops and schools;

(b) Transportation to and from schools pursuant to an interdistrict agreement pursuant to RCW 28A.335.160;

(c) Transportation of students between schools and learning centers for instruction specifically required by statute; and

(d) Transportation of students with disabilities to and from schools and agencies for special education services.

Extended day transportation shall not be considered part of transportation of students "to and from school" for the purposes of chapter 61, Laws of 1983 1st ex. sess.

(4) (("Hazardous walking conditions" means those instances of the existence of dangerous walkways documented by the board of directors of a school district which meet criteria specified in rules adopted by the superintendent of public instruction. A school district that receives an exemption for hazardous walking conditions should demonstrate that good faith efforts are being made to alleviate the problem and that the district, in cooperation with other state and local governing authorities, is attempting to reduce the incidence of hazardous walking conditions. The superintendent of public instruction shall appoint an advisory committee to prepare guidelines and procedures for determining the existence of hazardous walking conditions. The committee shall include but not be limited to representatives from law enforcement agencies, school districts, the department of transportation, city and county government, the insurance industry, parents, school directors and legislators.)) "Transportation services" for students living within one radius mile from school means school transportation services including the use of buses, funding of crossing guards, and matching funds for local and state transportation projects intended to mitigate hazardous walking conditions. Priority for transportation services shall be given to students in grades kindergarten through five.

Sec. 3. RCW 28A.160.180 and 1995 c 77 s 18 are each amended to read as follows:

Each district's annual student transportation allocation shall be based on differential rates determined by the superintendent of public instruction in the following manner:

(1) The superintendent shall annually calculate a standard student mile allocation rate for determining the transportation allocation for those services provided for in RCW 28A.160.150. "Standard student mile allocation rate," as used in this chapter, means the per mile allocation rate for transporting an eligible student. The standard student mile allocation rate may be adjusted to include such additional differential factors as distance; restricted passenger load; circumstances that require use of special types of transportation vehicles; student with disabilities load; and small fleet maintenance. (2) For transportation services for students living within one radius mile from school, the allocation shall be based on the number of students in grades kindergarten through five living within one radius mile as specified in the biennial appropriations act.

(3) The superintendent of public instruction shall annually calculate allocation rate(s), which shall include vehicle amortization, for determining the transportation allocation for transporting students in district-owned passenger cars, as defined in RCW 46.04.382, pursuant to RCW 28A.160.010 for services provided for in RCW 28A.160.150 if a school district deems it advisable to use such vehicles after the school district board of directors has considered the safety of the students being transported as well as the economy of utilizing a district-owned passenger car in lieu of a school bus.

(((3))) (4) Prior to June 1st of each year the superintendent shall submit to the office of financial management, and the committees on education and ways and means of the senate and house of representatives a report outlining the methodology and rationale used in determining the allocation rates to be used the following year.

NEW SECTION. Sec. 4. This act shall be effective for school transportation programs in the 1996-97 school year and thereafter.

NEW SECTION. Sec. 5. If specific funding for purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1996, in the supplemental omnibus appropriations act, this act is null and void."

On page 1, line 1 of the title, after "school;" strike the remainder of the title and insert "amending RCW 28A.160.150, 28A.160.160, and 28A.160.180; and creating new sections."

Excused: Representatives Basich, Beeksma, Chappell, Dellwo and Jacobsen.

Passed to Committee on Rules for second reading.

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

The Speaker (Representative Horn presiding) declared the House to be at ease.

The Speaker (Representative Horn presiding) called the House to order.

The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Ryan Hennig and Matthew Martinson. Prayer was offered by Representative Johnson.

The Speaker (Representative Horn presiding) declared the House to be at ease.

The Speaker (Representative Horn presiding) called the House to order.

SUBSTITUTE SENATE BILL NO. 5050, by Senate Committee on Law & Justice (originally sponsored by Senators Morton, Smith, Rasmussen and Schow)

Revising the elements of the crime of burglary in the first degree.

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.

Representative Sheahan spoke in favor of passage of the bill.

MOTION

On motion of Representative Talcott, Representatives Beeksma, Benton and Campbell were excused.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 5050.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 5050 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, 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 - 95.

Excused: Representatives Beeksma, Benton and Campbell - 3.

Substitute Senate Bill No. 5050, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 5522, by Senate Committee on Law & Justice (originally sponsored by Senators Smith, Roach, C. Anderson and Johnson)

Regulating the use of pro tempore judges and court commissioners.

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 Sheahan and Dellwo spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 5522.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 5522 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Excused: Representatives Beeksma, Benton and Campbell - 3.

Substitute Senate Bill No. 5522, having received the constitutional majority, was declared passed.

SECOND SUBSTITUTE SENATE BILL NO. 5757, by Senate Committee on Government Operations (originally sponsored by Senators McCaslin, Haugen, Winsley, Heavey and Sheldon)

Changing provisions relating to bidding requirements.

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.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Second Substitute Senate Bill No. 5757.

ROLL CALL

The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 5757 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Excused: Representatives Beeksma, Benton and Campbell - 3.

Second Substitute Senate Bill No. 5757, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 6113, by Senate Committee on Ways & Means (originally sponsored by Senators Wojahn, Winsley and Smith)

Authorizing the presumption of paternity to be rebutted in an appropriate administrative hearing.

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 Sheahan and Dellwo spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6113.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6113 and the bill passed the House by the following vote: Yeas - 89, Nays - 6, Absent - 0, Excused - 3.

Voting yea: Representatives Backlund, Ballasiotes, Basich, Blanton, Boldt, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, 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., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wolfe and Mr. Speaker - 89.

Voting nay: Representatives Appelwick, Brown, Dickerson, Mason, Sommers, H. and Valle - 6.

Excused: Representatives Beeksma, Benton and Campbell - 3.

Substitute Senate Bill No. 6113, having received the constitutional majority, was declared passed.

SENATE BILL NO. 6167, by Senators Smith, Johnson, Newhouse and Winsley

Revising requirements for filing petitions for dissolution of marriage.

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 Hickel and Dellwo spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Senate Bill No. 6167.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6167 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Excused: Representatives Beeksma, Benton and Campbell - 3.

Senate Bill No. 6167, having received the constitutional majority, was declared passed.

SENATE BILL NO. 6181, by Senator Smith

Clarifying the waiver of jury trial rights upon acceptance of a deferred prosecution.

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 Delvin and Dellwo spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Senate Bill No. 6181.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6181 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Excused: Representatives Beeksma, Benton and Campbell - 3.

Senate Bill No. 6181, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 6214, by Senate Committee on Agriculture & Agricultural Trade & Development (originally sponsored by Senators Snyder, Newhouse, Rasmussen, Morton, Prince and Hargrove)

Defining a temporary growing structure.

The bill was read the second time. Committee on Agriculture & Ecology recommendation. Majority, do pass as amended. (For committee amendment see Journal 47th Day, February 23, 1996.)

There being no objection, the committee amendment was adopted.

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

Representatives Koster and Chappell spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6214 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6214 as amended by the House and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Excused: Representatives Beeksma, Benton and Campbell - 3.

Substitute Senate Bill No. 6214 as amended by the House, having received the constitutional majority, was declared passed.

SENATE BILL NO. 6216, by Senator McAuliffe; by request of Board of Education and Superintendent of Public Instruction

Changing state board of education staff provisions.

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 Brumsickle and Cole spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Senate Bill No. 6216.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6216 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Excused: Representatives Beeksma, Benton and Campbell - 3.

Senate Bill No. 6216, having received the constitutional majority, was declared passed.

There being no objection, the House deferred consideration of Senate Bill No. 6217 and the bill held it's place on the second reading calendar.

SUBSTITUTE SENATE BILL NO. 6237, by Senate Committee on Transportation (originally sponsored by Senators Prince, Owen, Wood and Prentice)

Permitting the use of certain wireless communications and computer equipment in vehicles.

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.

Representative Robertson spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6237.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6237 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Excused: Representatives Beeksma, Benton and Campbell - 3.

Substitute Senate Bill No. 6237, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 6263, by Senate Committee on Agriculture & Agricultural Trade & Development (originally sponsored by Senators Morton, Rasmussen, A. Anderson, Hargrove, Swecker, Hochstatter, Prince, Sellar, Schow and Roach)

Using equine and oxen.

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 Koster and Chappell spoke in favor of passage of the bill.

Representative Romero spoke against passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6263.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6263 and the bill passed the House by the following vote: Yeas - 74, Nays - 21, Absent - 0, Excused - 3.

Voting yea: Representatives Backlund, Ballasiotes, Basich, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Conway, Cooke, Costa, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Ogden, Pelesky, Pennington, Quall, Radcliff, Reams, Regala, Robertson, Rust, 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, Van Luven and Mr. Speaker - 74.

Voting nay: Representatives Appelwick, Chopp, Cody, Cole, Dellwo, Dickerson, Fisher, R., Jacobsen, Keiser, Kessler, Mason, Morris, Murray, Patterson, Poulsen, Romero, Scheuerman, Tokuda, Valle, Veloria and Wolfe - 21.

Excused: Representatives Beeksma, Benton and Campbell - 3.

Substitute Senate Bill No. 6263, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 6271, by Senate Committee on Transportation (originally sponsored by Senators Long and Owen)

Expanding automotive title branding.

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.

Representative Johnson spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6271.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6271 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Excused: Representatives Beeksma, Benton and Campbell - 3.

Substitute Senate Bill No. 6271, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 6379, by Senate Committee on Higher Education (originally sponsored by Senators Bauer, Wood and Deccio)

Expanding the definition of "training system" for purposes of work force training and education.

The bill was read the second time. Committee on Higher Education recommendation. Majority, do pass as amended. (For committee amendment see Journal 47th Day, February 23, 1996.)

There being no objection, the committee amendment was adopted.

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

Representatives Carlson and Jacobsen spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6379 as amended by the House.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6379 as amended by the House and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Excused: Representatives Beeksma, Benton and Campbell - 3.

Substitute Senate Bill No. 6379 as amended by the House, having received the constitutional majority, was declared passed.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6398, by Senate Committee on Human Services & Corrections (originally sponsored by Senators Hargrove, Long and Oke; by request of Department of Social and Health Services)

Providing for background checks of employees at the special commitment center.

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 Cooke and Tokuda spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6398.

ROLL CALL

The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6398 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Excused: Representatives Beeksma, Benton and Campbell - 3.

Engrossed Substitute Senate Bill No. 6398, having received the constitutional majority, was declared passed.

SENATE BILL NO. 6414, by Senators Pelz and Newhouse; by request of Employment Security Department

Providing for federal income tax withholding from unemployment compensation benefits.

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 McMorris and Romero spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Senate Bill No. 6414.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6414 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Excused: Representatives Beeksma, Benton and Campbell - 3.

Senate Bill No. 6414, having received the constitutional majority, was declared passed.

SENATE BILL NO. 6467, by Senators Spanel, Swecker, Sutherland, Morton, Bauer, A. Anderson, Fraser, Roach and Haugen

Concerning the collection of pollution program fees.

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 Koster and Chappell spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Senate Bill No. 6467.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6467 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Excused: Representatives Beeksma, Benton and Campbell - 3.

Senate Bill No. 6467, having received the constitutional majority, was declared passed.

SUBSTITUTE SENATE BILL NO. 6487, by Senate Committee on Transportation (originally sponsored by Senators Owen and Prince; by request of Department of Licensing)

Revising qualifications for commercial driver's licenses.

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.

Representative K. Schmidt spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6487.

ROLL CALL

The Clerk called the roll on the final passage of Substitute Senate Bill No. 6487 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Excused: Representatives Beeksma, Benton and Campbell - 3.

Substitute Senate Bill No. 6487, having received the constitutional majority, was declared passed.

SENATE BILL NO. 6489, by Senators Owen and Prince; by request of Department of Licensing

Clarifying criteria for refund of overpayments of vehicle and vessel license fees.

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 K. Schmidt and Tokuda spoke in favor of passage of the bill.

The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Senate Bill No. 6489.

ROLL CALL

The Clerk called the roll on the final passage of Senate Bill No. 6489 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

Excused: Representatives Beeksma, Benton and Campbell - 3.

Senate Bill No. 6489, having received the constitutional majority, was declared passed.

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

Representative Foreman moved that the House be at ease.

The Speaker (Representative Horn presiding) declared the House to be at ease.

The Speaker (Representative Grant presiding) called the House to order.

REPORTS OF STANDING COMMITTEES (SUPPLEMENTAL)

February 26, 1996

E2SSB 5322 Prime Sponsor, Committee on Ways & Means: Providing a death benefit award. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass. Signed by Representatives Huff, Chairman; Clements, Vice Chairman; H. Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Basich; Brumsickle; Carlson; Chappell; Cooke; Dellwo; Dyer; Foreman; Jacobsen; Kessler; Lambert; Linville; McMorris; Poulsen; Reams; Rust; Sehlin; Sheahan; Silver; Smith; Talcott and Wolfe.

MINORITY recommendation: Do not pass. Signed by Representatives Crouse and Hickel.

Voting Yea: Representatives Huff, Clements, H. Sommers, Valle, Basich, Brumsickle, Carlson, Chappell, Cooke, Dellwo, Dyer, Foreman, Grant, Jacobsen, Kessler, Lambert, Linville, McMorris, Poulsen, Reams, Rust, Sehlin, Sheahan, Silver, Smith, Talcott and Wolfe.

Voting Nay: Representatives Crouse and Hickel.

Excused: Representatives Pelesky and Beeksma.

Passed to Committee on Rules for second reading.

February 26, 1996

E3SSB 6062 Prime Sponsor, Committee on Health & Long-Term Care: Making welfare work. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass as amended by Committee on Appropriations and without amendment by Committee on Children & Family Services with the following amendment:

Strike everything after the enacting clause and insert the following:

NEW SECTION. Sec. 1. INTENT. The legislature finds that it is important for the well-being of society, and for the families receiving aid to families with dependent children, that the provision of welfare from the public treasury reflects the values of mainstream American culture, specifically the importance of work, personal responsibility, and accountability for individual actions, and the value of the marriage commitment to each member of the family, including the children.

Therefore, it is the public policy of the state of Washington, through its aid to families with dependent children program, to require every able-bodied citizen on aid to families with dependent children to engage in paid employment or engage in short-term training directed towards employment, to require accountability of all parents, and to discourage teen pregnancy by unwed parents as an action that is destructive to society.

Therefore, the legislature intends that:

(1) Income and employment assistance programs emphasize the temporary nature of welfare and set goals of responsibility, work, and independence;

(2) Employment assistance resources focus on employable recipients who are most at risk of a long-term stay on welfare;

(3) Caretakers receiving public assistance sign a contract delineating their obligation and responsibility to comply with requirements for work, training, and personal responsibility;

(4) Specific time limits for the receipt of public assistance be set for recipients of aid to families with dependent children;

(5) Unmarried parents who are minors generally will be ineligible for direct assistance under the aid to families with dependent children program; and

(6) Community-based organizations such as churches, synagogues, nonprofit service providers, and business and labor organizations, have a greater role and responsibility in helping to meet the needs of children and families.

PART I. TARGET GROUPS

NEW SECTION. Sec. 101. A new section is added to chapter 74.25 RCW to read as follows:

TARGET GROUP CONTRACTS. The department shall assess each caretaker and, based on this assessment, refer the caretaker to the appropriate target group as provided under sections 102, 103, and 104 of this act, unless the caretaker is not or would not be required to sign a contract under section 301(3) of this act. Assessments shall be based upon age, age of dependents, education, condition of incapacity, and employment history. The assessment and referral of caretakers who are applicants for assistance on or after the effective date of this section shall be made as part of the application approval process. The assessment and referral of caretakers who have been approved for assistance before the effective date of this section shall be completed within twelve months after that date.

A. JOB-READY TARGET GROUP

NEW SECTION. Sec. 102. A new section is added to chapter 74.25 RCW to read as follows:

JOB-READY TARGET GROUP. All caretakers who are age eighteen or older and have an employment history in which the most recent job paid six dollars and fifty cents per hour or more, already possess job skills, or are likely to be reemployed with minimal services, shall be referred to the job-ready target group. Caretakers shall be entitled to grant assistance if they participate in sixteen weeks of job search within the first twenty-six weeks after signing an initial contract under section 301 of this act. All caretakers receiving aid to families with dependent children-employable shall be included in the job-ready target group. It is the intent of the legislature to refrain from excess expenditures on this group of aid to families with dependent children caretakers, as studies have demonstrated that job-ready individuals leave aid to families with dependent children quickly with minimal public help. Assessment and administrative costs shall be kept to a minimal level for this target group. Any caretakers in this group who do not have paid employment after sixteen weeks of job search within the first twenty-six weeks shall contract with the department for participation in the job preparation target group.

B. JOB PREPARATION TARGET GROUP

NEW SECTION. Sec. 103. A new section is added to chapter 74.25 RCW to read as follows:

JOB PREPARATION TARGET GROUP. All caretakers who are age eighteen or older and do not meet the qualifications for participation in the job-ready target group or who have been in the job-ready target group for twenty-six weeks without obtaining employment, shall be required, as a condition of benefit receipt, to enroll and participate in a program required by chapter . . ., Laws of 1996 (this act) under the job opportunities and basic skills training program.

C. YOUNG PARENT TARGET GROUP

NEW SECTION. Sec. 104. A new section is added to chapter 74.25 RCW to read as follows:

YOUNG PARENT TARGET GROUP. All caretakers under the age of twenty-four years who do not possess a high school diploma or a GED shall, as a condition of receiving benefits, actively progress toward the completion of a high school diploma or a GED.

PART II. JOB OPPORTUNITIES AND BASIC SKILLS TRAINING PROGRAM

Sec. 201. RCW 74.25.010 and 1994 c 299 s 6 are each amended to read as follows:

The legislature establishes as state policy the goal of economic self-sufficiency for employable recipients of ((public assistance)) aid to families with dependent children, through employment, training, and education. In furtherance of this policy, the legislature intends to comply with the requirements of the federal social security act, as amended, by creating a job opportunities and basic skills training program for applicants and recipients of aid to families with dependent children. ((The purpose of this program is to provide recipients of aid to families with dependent children the opportunity to obtain appropriate education, training, skills, and supportive services, including child care, consistent with their needs, that will help them enter or reenter gainful employment, thereby avoiding long-term welfare dependence and achieving economic self-sufficiency.)) The job opportunities and basic skills training program shall provide employment and training and education support services to assist caretakers under chapter 74.12 RCW to obtain employment. The program shall be operated by the department of social and health services in conformance with federal law ((and consistent with the following legislative findings:)).

(1) The legislature finds that the well-being of children depends ((not only on meeting their material needs, but also)) on the ability of parents to become economically self-sufficient. It is in this way that the material needs of children can best be met. The job opportunities and basic skills training program is specifically directed at increasing the labor force participation and household earnings of aid to families with dependent children recipients, through the removal of barriers preventing them from achieving self-sufficiency. ((These barriers include, but are not limited to, the lack of recent work experience, supportive services such as affordable and reliable child care, adequate transportation, appropriate counseling, and necessary job-related tools, equipment, books, clothing, and supplies, the absence of basic literacy skills, the lack of educational attainment sufficient to meet labor market demands for career employees, and the nonavailability of useful labor market assessments.))

(2) The legislature ((also)) recognizes that aid to families with dependent children recipients ((must be acknowledged as active)) are participants in self-sufficiency planning under the program. The legislature finds that the department of social and health services should clearly communicate ((concepts of the importance)) the requirement of work, the time-limited nature of public assistance, and how performance and effort directly affect future career and educational opportunities and economic well-being, as well as personal empowerment, self-motivation, and self-esteem to program participants. The legislature further recognizes that informed choice is consistent with individual responsibility, and that parents should be given a range of options for available child care while participating in the program.

(3) The legislature finds that current work experience is one of the most important factors influencing an individual's ability to work toward financial stability and an adequate standard of living in the long term, and that work experience should be the most important component of the program.

(4) The legislature finds that education, including, but not limited to, literacy, high school equivalency, vocational, secondary, and postsecondary, is ((one of the most)) an important tool((s)) an individual needs to achieve full independence, and that this should be ((an important)) a component of the program.

(5) The legislature further finds that the objectives of this program are to assure that aid to families with dependent children recipients gain experience in the labor force and thereby enhance their long-term ability to achieve financial stability and an adequate standard of living at wages that will meet family needs.

(6) The legislature finds that a critical component for successful reductions in the aid to families with dependent children caseloads is employment. Employment opportunities must be increased through public-private partnerships. The department shall work with the private sector to meet market needs, increase employability through on-the-job training opportunities, and develop incentives for employers to hire and train recipients.

Sec. 202. RCW 74.25.020 and 1993 c 312 s 7 are each amended to read as follows:

(1) The department of social and health services ((is authorized to)) shall contract for all functions of the jobs opportunities and basic skills program not specifically prohibited by federal law with public and private employment and training agencies and other public service entities to provide services prescribed or allowed under the federal social security act, as amended, to carry out the purposes of the jobs training program. ((The department of social and health services has sole authority and responsibility to carry out the job opportunities and basic skills training program.)) No contracting entity shall have the authority to review, change, or disapprove any administrative decision, or otherwise substitute its judgment for that of the department of social and health services as to the application of policies and rules adopted by the department of social and health services. The department, through its regional offices, shall collaborate with employers, recipients, education institutions, labor, private industry councils, the work force training and education coordinating board, community rehabilitation employment programs, local governments, the employment security department, and community action agencies to develop work programs that are effective and work in their communities. For planning purposes, the department shall collect and make accessible to regional offices successful work program models from around the United States, including the employment partnership program, the full employment act, apprenticeship programs, and W-2 Wisconsin works. Work programs shall incorporate local volunteer citizens in their planning and implementation phases to ensure community relevance and success.

(2) ((To the extent feasible under federal law, the department of social and health services and all entities contracting with it shall give first priority of service to individuals volunteering for program participation.

(3))) The department of social and health services shall adopt rules under chapter 34.05 RCW ((establishing)) that conform to the criteria in federal law for mandatory program participation as well as establish criteria constituting circumstances of good cause for an individual failing or refusing to participate in an assigned program component, or failing or refusing to accept or retain employment. ((These)) The good cause criteria shall include, but not be limited to, the following circumstances: (a) If the individual is a parent or other relative personally providing care for a child under age six years, and the employment would require the individual to work more than twenty hours per week; (b) if child care, or day care for an incapacitated individual living in the same home as a dependent child, is necessary for an individual to participate or continue participation in the program or accept employment, and such care is not available, and the department of social and health services fails to provide such care; (c) the employment would result in the family of the participant experiencing a net loss of cash income; or (d) circumstances that are beyond the control of the individual's household, either on a short-term or on an ongoing basis.

(3) Participants in the job preparation target group shall each be limited to the components of their initial contract unless good cause for exception is presented.

(4) The department of social and health services shall adopt rules under chapter 34.05 RCW as necessary to effectuate the intent and purpose of this chapter.

(5) Responsible parents who are unable to make their child support payments for a child receiving aid to families with dependent children shall participate in the job opportunities and basic skills program under this chapter.

(6) Except for subsection (7) of this section, section 202, chapter . . ., Laws of 1996 (this section) shall not take effect if sections 301, 302, 305, and 306 of this act do not become law.

(7) Section 7, chapter 312, Laws of 1993 is repealed if sections 301, 302, 305, and 306 of this act do not become law.

NEW SECTION. Sec. 203. A new section is added to chapter 74.25 RCW to read as follows:

COMMUNITY SERVICE PROGRAM. A caretaker participating in a community service program shall locate a community service experience of at least one hundred hours per month with any willing public or private organization and provide documentation, signed by the recipient under penalty of perjury, to the department of his or her participation on forms established in rule by the department. Compliance shall be subject to random checks by the department.

NEW SECTION. Sec. 204. A new section is added to chapter 74.13 RCW to read as follows:

(1) The department shall operate an employment child care program for low-income working parents who are not receiving aid to families with dependent children.

(2) Families with gross income at or below thirty-eight percent of state median income adjusted for family size are eligible for employment child care subsidies with a minimum copayment. Families with gross income above thirty-eight percent and at or below fifty-two percent of the state median income adjusted for family size are eligible for an employment child care subsidy with a calculated copayment.

(3) The department shall provide a priority for recent recipients of aid to families with dependent children who are within twelve weeks of losing their transitional child care benefits.

(4) The department shall provide employment child care subsidies for families meeting eligibility standards under this section, within funds appropriated by the legislature for this purpose.

NEW SECTION. Sec. 205. A new section is added to chapter 74.12 RCW to read as follows:

(1) Under the authority to establish ratable reductions and grant maximums pursuant to RCW 74.04.770, the department shall, by rule, increase the current ratable reduction for all recipients of aid to families with dependent children. The ratable reduction shall result in a nine percent reduction in the monthly payment standards under the aid to families with dependent children program. The increased ratable reduction shall be in addition to any ratable reduction caused by annual adjustments to consolidated standards of need.

(2) All funds generated by the increased ratable reduction shall be used by the department to provide recipients of aid to families with dependent children with work and training-related services and child care services required under this chapter and chapter 74.25 RCW.

PART III. CONTRACTS FOR PERSONAL RESPONSIBILITY

NEW SECTION. Sec. 301. A new section is added to chapter 74.12 RCW to read as follows:

(1) A family receiving or applying for assistance under the aid to families with dependent children program is ineligible for continued or new assistance if the caretaker and the department have not entered into a contract satisfying the requirements of this section.

(2) The contract shall (a) be entered into by the department and caretaker on a form prescribed by the department; (b) contain a list of the available benefits to which the family is eligible, including referral to available community resources; (c) contain a summary of the responsibilities that the caretaker must exercise for receipt of such benefits, including, where appropriate, high school completion or GED programs; (d) contain a statement of the rule in section 302 of this act prohibiting additional assistance for additional children; (e) contain a statement of the rules in section 305 of this act governing the duration of the contract; and (f) contain a statement of the rules in section 306 of this act governing time limits.

(3) Caretakers are not required to enter into a contract under this section if:

(a) The caretaker is incapacitated or needed in the home to care for a member of the household who is incapacitated. The caretaker shall submit documentation of the incapacity indicating the incapacity will last at least ninety days. Such documentation shall be obtained by the caretaker from a health care practitioner regulated under Title 18 RCW whose scope of practice includes diagnosis and treatment of the condition purported to cause the incapacity;

(b) The caretaker has experienced domestic violence as defined in RCW 26.50 010(1) or sexual assault as defined in RCW 70.125.030(6) that results in the caretaker being incapacitated. The caretaker shall submit documentation of the incapacity indicating the incapacity will last at least ninety days. Such documentation shall be obtained by the caretaker from a health care practitioner regulated under Title 18 RCW whose scope of practice includes diagnosis and treatment of the condition purported to cause the incapacity;

(c) The caretaker is needed in the home to care for a child under age two. This one-time exemption ends in the month the child is two years old and does not apply to any subsequent children; or

(d) The caretaker is a minor.

(4) The department may adopt rules postponing the date by which any provision or provisions of subsections (1) and (2) of this section will apply to caretakers who have been approved for assistance before the effective date of this section. However, such postponement may not be for longer than twelve months after the effective date of this section.

(5) The provision of assistance under a contract entered into under this section is not an entitlement, but is a charitable gesture or gift on the part of the state, which at any time may be discontinued.

NEW SECTION. Sec. 302. A new section is added to chapter 74.12 RCW to read as follows:

The monthly benefit payment paid to a caretaker shall not be increased as a result of the caretaker's becoming the biological parent of any additional child or children born more than three hundred days after the day on which the caretaker first applied for assistance under this chapter. Caretakers receiving assistance under this chapter on the effective date of this section shall, for purposes of this section, be considered to have first applied for assistance on the effective date of this section.

NEW SECTION. Sec. 303. A new section is added to chapter 74.20A RCW to read as follows:

If a caretaker receiving cash assistance under the aid to families with dependent children program does not receive additional cash benefits for an additional child born more than three hundred days after aid to families with dependent children benefits were first applied for, as provided in section 302 of this act, the department must pay to the caretaker the full amount of any child support payments made to the department by the responsible parent on behalf of the additional child.

NEW SECTION. Sec. 304. A new section is added to chapter 74.12 RCW to read as follows:

Child support payments made to a caretaker under section 303 of this act shall be exempt from consideration as income when determining need.

NEW SECTION. Sec. 305. A new section is added to chapter 74.12 RCW to read as follows:

A contract entered into under section 301 of this act shall expire twenty-four calendar months after the month in which the caretaker first entered into a contract under section 301 of this act unless it is reviewed and modified, as the department finds appropriate, for an additional period or periods of not to exceed six months each. Under no circumstances may the department continue a contract or provide for monthly benefit payments beyond the forty-two-month limit prescribed in section 306 of this act. For a contract to be reviewed and modified, the caretaker must have requested the review and modification, have complied with the current terms of the contract, and have satisfied all eligibility requirements, including those requirements specified in section 306 of this act.

NEW SECTION. Sec. 306. A new section is added to chapter 74.12 RCW to read as follows:

(1) After a caretaker has received twenty-four monthly benefit payments pursuant to a contract entered into under section 301 of this act, the caretaker shall not be eligible for any additional monthly payments unless the caretaker qualifies for additional assistance under subsection (2) of this section.

(2)(a) After a caretaker has received twenty-four monthly benefit payments under this chapter, the caretaker, if otherwise eligible, shall qualify for the reduced monthly benefit payments provided in (b) of this subsection:

(i) During any month in which the caretaker is gainfully employed;

(ii) During any month in which the caretaker participates in a community volunteer experience pursuant to section 305 of this act;

(iii) During any month in which the caretaker works as a volunteer in a child care facility pursuant to RCW 74.25.040; or

(iv) During any month in which the caretaker provides paid child care services for other caretakers participating in either paid employment or other activities under the job opportunities and basic skills training program.

(b) The reduced monthly benefits to a caretaker who qualifies under (a) of this subsection shall be as follows: For the twenty-fifth through the thirtieth month, the department shall reduce the monthly benefit payment to eighty percent of the payment standard; for the thirty-first through the thirty-sixth month, the department shall reduce the monthly benefit payment to sixty percent of the payment standard; for the thirty-seventh through the forty-second month, the department shall reduce the monthly benefit payment to forty percent of the payment standard. Following the receipt of forty-two monthly benefit payments, a caretaker is forever ineligible to apply for or receive any further assistance under this chapter.

(3) For the purposes of applying the rules of this section, the department shall count both consecutive and nonconsecutive months in which a caretaker received a monthly benefit payment or a portion of a monthly benefit payment.

(4) The department shall refer caretakers who require specialized assistance to appropriate department programs, crime victims' programs through the department of community, trade, and economic development, or the crime victims' compensation program of the department of labor and industries.

NEW SECTION. Sec. 307. A new section is added to chapter 74.12 RCW to read as follows:

For the purposes of determining whether an aid to families with dependent children recipient shall receive reduced monthly benefits as provided for by this chapter as now or hereafter amended, length of stay shall be determined based on actual months of receipt of public assistance, including months prior to the effective date of this section but not before June 9, 1994, the effective date of section 9, chapter 299, Laws of 1994 (Engrossed Second Substitute House Bill No. 2798). In no case shall benefits be reduced under this chapter before July 1, 1997.

NEW SECTION. Sec. 308. A new section is added to chapter 74.12 RCW to read as follows:

In addition to their monthly benefit payment, caretakers may earn and keep thirty dollars and one-third of the remainder of their earnings during every month they are eligible to receive assistance under this chapter.

NEW SECTION. Sec. 309. A new section is added to chapter 74.12 RCW to read as follows:

(1) The department of social and health services shall adopt rules to implement sections 301, 302, 304, and 305 of this act and to enforce contracts adopted under section 301 of this act. However, it may not adopt such rules unless it has complied with subsections (2) and (3) of this section.

(2) The joint legislative oversight committee, consisting of two members from each caucus of the house of representatives and two members from each caucus of the senate, is created. Within sixty days after the effective date of this section, the department shall submit copies of its proposed rules under this section to the secretary of the senate and the chief clerk of the house of representatives for distribution to the joint committee. The committee shall review the proposed rules and shall provide the department with its comments, if any, on the proposed rules.

(3) When the committee comments on proposed rules, the committee shall give the department written notice of its findings and reasons therefor.

(4) The joint legislative oversight committee shall study the extent to which minor parents receiving aid to families with dependent children may be victimized by males fathering children for whom they do not provide support. The joint legislative oversight committee shall make recommendations to the appropriate committees of the legislature by December 1, 1996. The department of social and health services shall cooperate with the study by providing information as requested regarding the unmarried minor parents related to the aid to families with dependent children caseload, the extent to which aid to families with dependent children recipients in these circumstances receive ordered child support, and other information relevant to the subject of predatory nonsupport.

NEW SECTION. Sec. 310. A new section is added to chapter 74.12 RCW to read as follows:

In order to be eligible for aid to families with dependent children, applicants shall, at the time of application for assistance, provide the names of both parents of their child or children, whether born or unborn, unless the applicant meets federal criteria for refusing such identification.

PART IV. MINOR PARENT PROVISIONS

Sec. 401. RCW 26.16.205 and 1990 1st ex.s. c 2 s 13 are each amended to read as follows:

The expenses of the family and the education of the children, including stepchildren and any child of whom their minor child is a biological parent, are chargeable upon the property of both husband and wife, or either of them, and they may be sued jointly or separately. When a petition for dissolution of marriage or a petition for legal separation is filed, the court may, upon motion of the stepparent, terminate the obligation to support the stepchildren or children of the stepchildren. The obligation to support stepchildren and children of stepchildren shall cease upon the entry of a decree of dissolution, decree of legal separation, or death. The obligation of a husband and wife to support a child of their minor child terminates when their minor child reaches eighteen years of age, however, a stepparent's support obligation may be terminated earlier as provided for in this section.

Sec. 402. RCW 74.20A.020 and 1990 1st ex.s. c 2 s 15 are each amended to read as follows:

Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter and chapter 74.20 RCW shall have the following meanings:

(1) "Department" means the state department of social and health services.

(2) "Secretary" means the secretary of the department of social and health services, his designee or authorized representative.

(3) "Dependent child" means any person:

(a) Under the age of eighteen who is not self-supporting, married, or a member of the armed forces of the United States; or

(b) Over the age of eighteen for whom a court order for support exists.

(4) "Support obligation" means the obligation to provide for the necessary care, support, and maintenance, including medical expenses, of a dependent child or other person as required by statutes and the common law of this or another state.

(5) "Superior court order" means any judgment, decree, or order of the superior court of the state of Washington, or a court of comparable jurisdiction of another state, establishing the existence of a support obligation and ordering payment of a set or determinable amount of support moneys to satisfy the support obligation. For purposes of RCW 74.20A.055, orders for support which were entered under the uniform reciprocal enforcement of support act by a state where the responsible parent no longer resides shall not preclude the department from establishing an amount to be paid as current and future support.

(6) "Administrative order" means any determination, finding, decree, or order for support pursuant to RCW 74.20A.055, or by an agency of another state pursuant to a substantially similar administrative process, establishing the existence of a support obligation and ordering the payment of a set or determinable amount of support moneys to satisfy the support obligation.

(7) "Responsible parent" means a natural parent, adoptive parent, or stepparent of a dependent child or a person who has signed an affidavit acknowledging paternity which has been filed with the state office of vital statistics and includes the parent of an unmarried minor with a child.

(8) "Stepparent" means the present spouse of the person who is either the mother, father, or adoptive parent of a dependent child, and such status shall exist until terminated as provided for in RCW 26.16.205.

(9) "Support moneys" means any moneys or in-kind providings paid to satisfy a support obligation whether denominated as child support, spouse support, alimony, maintenance, or any other such moneys intended to satisfy an obligation for support of any person or satisfaction in whole or in part of arrears or delinquency on such an obligation.

(10) "Support debt" means any delinquent amount of support moneys which is due, owing, and unpaid under a superior court order or an administrative order, a debt for the payment of expenses for the reasonable or necessary care, support, and maintenance, including medical expenses, of a dependent child or other person for whom a support obligation is owed; or a debt under RCW 74.20A.100 or 74.20A.270. Support debt also includes any accrued interest, fees, or penalties charged on a support debt, and attorneys fees and other costs of litigation awarded in an action to establish and enforce a support obligation or debt.

(11) "State" means any state or political subdivision, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

Sec. 403. RCW 74.12.255 and 1994 c 299 s 33 are each amended to read as follows:

(1) The department shall determine, after consideration of all relevant factors and in consultation with the applicant, the most appropriate living situation for applicants under eighteen years of age, unmarried, and either pregnant or having a dependent child or children in the applicant's care. An appropriate living situation((s)) shall include a place of residence that is maintained by the applicant's parents, parent, legal guardian, or other adult relative as their or his or her own home((, or other)) and that the department finds would provide an appropriate supportive living arrangement ((supervised by an adult where feasible and consistent with federal regulations under 45 C.F.R. chapter II, section 233.107)). It also includes a living situation maintained by an agency that is licensed under chapter 74.15 RCW that the department finds would provide an appropriate supportive living arrangement. Grant assistance shall not be provided under this chapter if the applicant does not reside in the most appropriate living situation, as determined by the department.

(2) ((An applicant under eighteen years of age who is either pregnant or has a dependent child and is not living in a situation described in subsection (1) of this section shall be)) A minor parent or pregnant minor residing in the most appropriate living situation, as provided under subsection (1) of this section, is presumed to be unable to manage adequately the funds paid to the minor or on behalf of the dependent child or children and, unless the ((teenage custodial parent demonstrates otherwise)) minor provides sufficient evidence to rebut the presumption, shall be subject to the protective payee requirements provided for under RCW 74.12.250 and 74.08.280.

(3) The department shall consider any statements or opinions by either parent of the ((teen recipient)) unmarried minor as to an appropriate living situation for the ((teen)) minor and his or her children, whether in the parental home or other situation. If the parents or a parent of the ((teen head of household applicant for assistance)) minor request, they or he or she shall be entitled to a hearing in juvenile court regarding ((the fitness and suitability of their home as the top priority choice)) designation of the parental home or other relative placement as the most appropriate living situation for the pregnant or parenting ((teen applicant for assistance)) minor.

The department shall provide the parents ((shall have)) or parent with the opportunity to make a showing((, based on the preponderance of the evidence,)) that the parental home, or home of the other relative placement, is the most appropriate living situation. It shall be presumed in any administrative or judicial proceeding conducted under this subsection that the parental home or other relative placement requested by the parents or parent is the most appropriate living situation. This presumption is rebuttable.

(4) In cases in which the ((head of household is under eighteen years of age,)) minor is unmarried((,)) and unemployed, ((and requests information on adoption,)) the department shall, as part of the determination of the appropriate living situation, provide information about adoption including referral to community-based organizations ((for)) providing counseling.

Sec. 404. RCW 74.04.0052 and 1994 c 299 s 34 are each amended to read as follows:

(1) The department shall determine, after consideration of all relevant factors and in consultation with the applicant, the most appropriate living situation for applicants under eighteen years of age, unmarried, and pregnant who are eligible for general assistance as defined in RCW 74.04.005(6)(a)(ii)(A). An appropriate living situation((s)) shall include a place of residence that is maintained by the applicant's parents, parent, legal guardian, or other adult relative as their or his or her own home((, or other)) and that the department finds would provide an appropriate supportive living arrangement ((supervised by an adult where feasible and consistent with federal regulations under 45 C.F.R. chapter II, section 233.107)). It also includes a living situation maintained by an agency that is licensed under chapter 74.15 RCW that the department finds would provide an appropriate supportive living arrangement. Grant assistance shall not be provided under this chapter if the applicant does not reside in the most appropriate living situation, as determined by the department.

(2) ((An applicant under eighteen years of age who is pregnant and is not living in a situation described in subsection (1) of this section shall be)) A pregnant minor residing in the most appropriate living situation, as provided under subsection (1) of this section, is presumed to be unable to manage adequately the funds paid to the minor or on behalf of the dependent child or children and, unless the ((teenage custodial parent demonstrates otherwise)) minor provides sufficient evidence to rebut the presumption, shall be subject to the protective payee requirements provided for under RCW 74.12.250 and 74.08.280.

(3) The department shall consider any statements or opinions by either parent of the ((teen recipient)) unmarried minor as to an appropriate living situation for the ((teen)) minor, whether in the parental home or other situation. If the parents or a parent of the ((teen head of household applicant for assistance)) minor request, they or he or she shall be entitled to a hearing in juvenile court regarding ((the fitness and suitability of their home as the top priority choice)) designation of the parental home or other relative placement as the most appropriate living situation for the pregnant or parenting ((teen applicant for assistance)) minor.

NEW SECTION. Sec. 405. A new section is added to chapter 74.12 RCW to read as follows:

The parents of an unmarried minor who has a child are responsible for the support of the minor and child. The unmarried minor and the minor's child shall be considered to be part of the household of the minor's parents or parent for purposes of determining eligibility for aid to families with dependent children and general assistance for pregnant women as defined in RCW 74.04.005(6)(a)(ii)(A); and as such, the income and resources of the entire household are considered to be available to support the unmarried minor and his or her child.

Sec. 406. RCW 13.34.160 and 1993 c 358 s 2 are each amended to read as follows:

(1) In an action brought under this chapter, the court may inquire into the ability of the parent or parents of the child to pay child support and may enter an order of child support as set forth in chapter 26.19 RCW. The court may enforce the same by execution, or in any way in which a court of equity may enforce its decrees. All child support orders entered pursuant to this chapter shall be in compliance with the provisions of RCW 26.23.050.

(2) For purposes of this section, if a dependent child's parent is an unmarried minor, then the parent or parents of the minor shall also be deemed a parent or parents of the dependent child. However, liability for child support under this subsection only exists if the parent or parents of the unmarried minor parent are provided the opportunity for a hearing on their ability to provide support. Any child support order requiring such a parent or parents to provide support for the minor parent's child may be effective only until the minor parent reaches eighteen years of age.

Sec. 407. RCW 74.12.250 and 1963 c 228 s 21 are each amended to read as follows:

If the department, after investigation, finds that any applicant for assistance under this chapter or any recipient of funds under ((an aid to families with dependent children grant)) this chapter would not use, or is not utilizing, the grant adequately for the needs of ((the)) his or her child or children or would dissipate the grant or is ((otherwise)) dissipating such grant, or would be or is unable to manage adequately the funds paid on behalf of said child and that to provide or continue ((said)) payments to ((him)) the applicant or recipient would be contrary to the welfare of the child, the department may make such payments to another individual who is interested in or concerned with the welfare of such child and relative: PROVIDED, That the department shall provide such counseling and other services as are available and necessary to develop greater ability on the part of the relative to manage funds in such manner as to protect the welfare of the family. Periodic review of each case shall be made by the department to determine if said relative is able to resume management of the assistance grant. If after a reasonable period of time the payments to the relative cannot be resumed, the department may request the attorney general to file a petition in the superior court for the appointment of a guardian for the child or children. Such petition shall set forth the facts warranting such appointment. Notice of the hearing on such petition shall be served upon the recipient and the department not less than ten days before the date set for such hearing. Such petition may be filed with the clerk of superior court and all process issued and served without payment of costs. If upon the hearing of such petition the court is satisfied that it is for the best interest of the child or children, and all parties concerned, that a guardian be appointed, he shall order the appointment, and may require the guardian to render to the court a detailed itemized account of expenditures of such assistance payments at such time as the court may deem advisable.

It is the intention of this section that the guardianship herein provided for shall be a special and limited guardianship solely for the purpose of safeguarding the assistance grants made to dependent children. Such guardianship shall terminate upon the termination of such assistance grant, or sooner on order of the court, upon good cause shown.

PART V. LICENSE SUSPENSION

NEW SECTION. Sec. 501. The legislature recognizes that the current statutory procedures for the collection of child support do not apply to all persons owing child support. In order to further insure that child support obligations are met, this act establishes a program by which certain licenses may be suspended, not issued, or not renewed if a person is one hundred eighty days or more in arrears on child support payments. With this program, it is the intent of the legislature to provide a strong incentive for persons owing support to make timely payments, and to cooperate with the department of social and health services to establish an appropriate schedule for the payment of any arrears. In addition, the legislature finds that disputes over child visitation comprises an often-cited reason why child support is unpaid. It is the intent of the legislature to include custodial parents who deny visitation as persons subject to license suspension, nonrenewal, and denial.

NEW SECTION. Sec. 502. A new section is added to chapter 74.20A RCW to read as follows: