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

from that in the original published version.

FIFTY FOURTH DAY

MORNING SESSION

House Chamber, Olympia, Friday, March 6, 1998

             The House was called to order at 9:00 a.m. by the Speaker (Representative Pennington presiding). The Clerk called the roll and a quorum was present.

             The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Brandon Hoekma and Eric Gustafson. Prayer was offered by Pastor Dan Secrist, Faith Assemby of Lacey.

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

             The Speaker assumed the chair.

RESOLUTION

             HOUSE RESOLUTION NO. 98-4716, by Representatives Romero, Costa, Cody, Ogden, Hankins, Mitchell, Sehlin, McDonald, D. Schmidt, Thompson, Ballasiotes, Wensman, Clements, D. Sommers, Alexander, Boldt, Smith, Mulliken, Sheahan, Mielke, Radcliff, Wolfe, Skinner, Constantine, K. Schmidt, Lambert, Sterk, McMorris and Talcott

             WHEREAS, Amelia Earhart encouraged women to expand their horizons by exploring occupations and holding positions beyond those traditionally held by women; and

             WHEREAS, Amelia Earhart was a pioneer in aviation, the first woman to fly solo across the Atlantic and to receive the United States Distinguished Flying Cross; and

             WHEREAS, Amelia Earhart was a beloved member of Zonta International before she was lost in the Pacific on a flight attempting to circle the globe by air in 1937; and

             WHEREAS, Zonta International, a world-wide service organization of business and professional executives working to advance the status of women, has long recognized this woman of courage, character, and culture; and

             WHEREAS, In 1938, a year after Earhart's disappearance, Zonta International established its annual graduate Amelia Earhart Fellowships in aerospace-related science and engineering; and

             WHEREAS, In the sixty years since, Zonta has awarded eight hundred forty-three fellowships worth 4.2 million dollars to five hundred forty-seven women from fifty-one countries as a living memorial to Earhart; and

             WHEREAS, In the sixty years of the Zonta International Amelia Earhart Fellowship, Zontinas world-wide celebrate Earhart's legacy through the achievement of those who have manufactured materials now on the moon, made commercial air flights safer, helped prevent fires in spacecraft, and served as members on a NASA space shuttle crew;

             NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State House of Representatives do hereby recognize and honor the value of sixty years of the prestigious Zonta International Amelia Earhart Fellowships.

             Representative Romero moved adoption of the resolution.

             Representatives Romero and Wolfe spoke in favor of the adoption of the resolution.

             House Resolution No. 4716 was adopted.

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

SECOND READING

             SENATE BILL NO. 6113, by Senators Wood, West, Thibaudeau, Kohl, Long and Rasmussen

Exempting from taxation property of nonprofit organizations providing medical research or training of medical personnel.

             The bill was read the second time.

             There being no objection, the committee amendment by the Committee on Finance was adopted. (For committee amendment, see Journal, 50th Day, March 2, 1998.)

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

             Representatives Dunshee and Robertson spoke in favor of passage of the bill.

MOTION

             On motion by Representative Butler, Representatives Kessler and Costa were excused.

             The Speaker stated the question before the House to be final passage of Senate Bill No. 6113, as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Senate Bill No. 6113, as amended by the House, and the bill passed the House by the following vote: Yeas - 96, Nays - 0, Absent - 0, Excused - 2.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 96.

             Excused: Representatives Costa and Kessler - 2.

             Senate Bill No. 6113, as amended by the House, having received the constitutional majority, was declared passed.

             There being no objection, the House deferred consideration of Substitute Senate Bill No. 6533 and the bill held its place on second reading.

             ENGROSSED SUBSTITUTE SENATE BILL NO. 6418, by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Deccio, Wojahn, Fairley, Wood and Winsley; by request of Department of Social and Health Services)

Implementing amendments relating to child support contained in the federal personal responsibility and work opportunity reconciliation act of 1996.

             The bill was read the second time.

             There being no objection, the committee amendment by the Committee on Appropriations was before the House for purpose of amendments. (For committee amendment, see Journal, 50th Day, March 2, 1998.)

             Representative Sherstad moved the adoption of amendment (1109) to the committee amendment:

             On page 1, line 26 of the amendment, after "licenses." strike all material through "7 of this act" on line 28 and insert "If a waiver is not granted, state agencies are prohibited from collecting social security numbers as part of the application process for professional licenses, driver’s licenses, occupational licenses, and recreational licenses"

             On page 1, line 29 of the amendment, strike all of section 7

             Representatives Sherstad, Carrell, Koster, Smith, Talcott and Buck spoke in favor of the adoption of the amendment.

             Representatives Cooke, Tokuda, Clements and Mitchell spoke against the adoption of the amendment.

             Division was demanded. The Speaker divided the House. The results of the division was 39-YEAS; 55-NAYS. The amendment was not adopted.

MOTION

             On motion of Representative Cairnes, Representative Van Luven was excused.

             The Speaker stated the question before the House to be adoption of the committee amendment. The 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 Cooke, DeBolt and H. Sommers spoke in favor of passage of the bill.

             Representatives Sherstad and Carrell spoke against passage of the bill.

             The Speaker stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6418, as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6418, as amended by the House, and the bill passed the House by the following vote: Yeas - 74, Nays - 23, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Ballasiotes, Bush, Butler, Cairnes, Carlson, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, DeBolt, Delvin, Dickerson, Doumit, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Lantz, Linville, Lisk, Mason, Mastin, McCune, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Skinner, Sommers, H., Sullivan, Talcott, Thomas, L., Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 74.

             Voting nay: Representatives Backlund, Benson, Boldt, Buck, Carrell, Chandler, Crouse, Dunn, Kessler, Koster, Lambert, McDonald, McMorris, Mielke, Mulliken, Pennington, Sherstad, Smith, Sommers, D., Sterk, Sump, Thomas, B. and Thompson - 23.

             Excused: Representative Van Luven - 1.

             Engrossed Substitute Senate Bill No. 6418, as amended by the House, having received the constitutional majority, was declared passed.

             SENATE BILL NO. 6220, by Senators Horn, Heavey, Schow, Fraser, Anderson, Franklin, Newhouse, Winsley and Patterson

Allowing airline employees to trade shifts without overtime pay.

             The bill was read the second time.

             There being no objection, the committee amendment by the Committee on Transportation Policy & Budget was not adopted. (For committee amendment, see Journal, 50th Day, March 2, 1998.)

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

             Representatives Cairnes and Conway spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of House Bill No. 6220.

ROLL CALL

             The Clerk called the roll on the final passage of House Bill No. 6220, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

             Excused: Representative Van Luven - 1.

             House Bill No. 6220, having received the constitutional majority, was declared passed.

             SUBSTITUTE SENATE BILL NO. 6603, by Senate Committee on Transportation (originally sponsored by Senators Horn, Spanel, Oke and Wood)

Excepting certain vessels from registration.

             The bill was read the second time.

             There being no objection, the committee amendment by the Committee on Transportation Policy & Budget was adopted. (For committee amendment, see Journal, 47th Day, February 27, 1998.)

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

             Representatives Gardner and Mitchell spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 6603, as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6603, as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

             Excused: Representative Van Luven - 1.

             Substitute Senate Bill No. 6603, as amended by the House, having received the constitutional majority, was declared passed.

             SUBSTITUTE SENATE BILL NO. 6731, by Senate Committee on Ways & Means (originally sponsored by Senators Newhouse and Deccio)

Removing a property tax exemption for larger airports belonging to out-of-state municipal corporations.

             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 Honeyford and Dunshee spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 6731.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6731 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

             Excused: Representative Van Luven - 1.

             Substitute Senate Bill No. 6731, having received the constitutional majority, was declared passed.

             SUBSTITUTE SENATE BILL NO. 6737, by Senate Committee on Ways & Means (originally sponsored by Senators Deccio, Wojahn, Wood, Patterson, West, Fraser, Thibaudeau, Morton, Schow, Winsley, Oke, Prentice, B. Sheldon and Rasmussen)

Regulating property taxation of residential housing occupied by low-income developmentally disabled persons.

             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 B. Thomas and Dunshee spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 6737.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6737 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

             Excused: Representative Van Luven - 1.

             Substitute Senate Bill No. 6737, having received the constitutional majority, was declared passed.

SIGNED BY THE SPEAKER

             The Speaker announced he was signing:

SECOND SUBSTITUTE HOUSE BILL NO. 1501,

HOUSE BILL NO. 2355,

HOUSE BILL NO. 2628,

HOUSE BILL NO. 2663,

ENGROSSED HOUSE BILL NO. 2707,

SUBSTITUTE HOUSE BILL NO. 2973,

             There being no objection, the House deferred consideration of:

SENATE BILL NO. 6552,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6509,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6622,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6515,

SENATE BILL NO. 6728,

and the bills held their places on second reading.

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

THIRD READING

             ENGROSSED SUBSTITUTE SENATE BILL NO. 6600, by Senate Committee on Education (originally sponsored by Senators T. Sheldon, Hochstatter, Long, Kohl, Oke and Winsley; by request of Superintendent of Public Instruction)

Establishing an education program for juveniles incarcerated in adult correctional facilities.

             There being no objection, the rules were suspended and Engrossed Substitute Senate Bill No. 6600 was returned to second reading for purpose of amendments.

             There being no objection, the committee amendment by the Committee on Education as amended by the Committee on Appropriations was not adopted.

             Representative Radcliff moved the adoption of amendment (1137):

             On page 1, after line 6, strike the remaining sections of the amendment and insert the following:

             "NEW SECTION. Sec. 1. The legislature intends to provide for the operation of education programs for the department of corrections' juvenile inmates. School districts, educational service districts, or any combination thereof should be the primary providers of the education programs. However, the legislature does not intend to preclude community and technical colleges, four-year institutions of higher education, or other qualified entities from contracting to provide all or part of these education programs if no school district or educational service district is willing to operate all or part of the education programs.

             The legislature finds that this chapter fully satisfies any constitutional duty to provide education programs for juvenile inmates in adult correctional facilities. The legislature further finds that biennial appropriations for education programs under this chapter amply provide for any constitutional duty to educate juvenile inmates in adult correctional facilities.

             NEW SECTION. Sec. 2. Any school district or educational service district may operate all or any portion of an education program for juveniles in accordance with this chapter, notwithstanding the fact the services or benefits provided extend beyond the geographic boundaries of the school district or educational service district providing the service.

             NEW SECTION. Sec. 3. The superintendent of public instruction shall solicit an education provider for the department of corrections' juvenile inmates within sixty days as follows:

             (1) The superintendent of public instruction shall notify and solicit proposals from all interested and capable school districts, educational service districts, institutions of higher education, private contractors, or any combination thereof. The notice shall describe the proposed education program's requirements and the appropriated amount. The selection of an education provider shall be in the following order:

             (a) The school district where there is an educational site for juveniles in an adult correctional facility maintained by the state department of corrections has first priority to operate an education program for inmates at that site. The district may elect to operate an education program by itself or with another school district, educational service district, institution of higher education, private contractor, or any combination thereof. If the school district elects not to exercise its priority, it shall notify the superintendent of public instruction within thirty calendar days of the day of solicitation.

             (b) The educational service district where there is an educational site for juveniles in an adult correctional facility maintained by the state department of corrections has second priority to operate an education program for inmates at that site. The educational service district may elect to do so by itself or with a school district, another educational service district, institution of higher education, private contractor, or any combination thereof. If the educational service district elects not to exercise its priority, it shall notify the superintendent of public instruction within forty-five calendar days of the day of solicitation.

             (c) If neither the school district nor the educational service district chooses to operate an education program for inmates as provided for in (a) and (b) of this subsection, the superintendent of public instruction may contract with an entity, including, but not limited to, school districts, educational service districts, institutions of higher education, private contractors, or any combination thereof, within sixty calendar days of the day of solicitation. The selected entity may operate an education program by itself or with another school district, educational service district, institution of higher education, or private contractor, or any combination thereof.

             (2) If the superintendent of public instruction does not contract with an interested entity within sixty days of the day of solicitation, the educational service district where there is an educational site for juveniles in an adult correctional facility maintained by the state department of corrections shall begin operating the education program for inmates at the site within ninety days from the day of solicitation in subsection (1) of this section.

             NEW SECTION. Sec. 4. Except as otherwise provided for by contract under section 7 of this act, the duties and authority of a school district, educational service district, institution of higher education, or private contractor to provide for education programs under this chapter are limited to the following:

             (1) Employing, supervising, and controlling administrators, teachers, specialized personnel, and other persons necessary to conduct education programs, subject to security clearance by the department of corrections;

             (2) Purchasing, leasing, or renting and providing textbooks, maps, audiovisual equipment, paper, writing instruments, physical education equipment, and other instructional equipment, materials, and supplies deemed necessary by the provider of the education programs;

             (3) Conducting education programs for inmates under the age of eighteen in accordance with program standards established by the superintendent of public instruction. The education provider shall develop the curricula, instructional methods, and educational objectives of the education programs, subject to applicable requirements of state and federal law. The department of corrections shall establish behavior standards that govern inmate participation in education programs, subject to applicable requirements of state and federal law;

             (4) Students age eighteen who have participated in an education program governed by this chapter may continue in the program with the permission of the department of corrections and the education provider, under the rules adopted by the superintendent of public instruction.

             NEW SECTION. Sec. 5. School districts and educational service districts providing an education program to juvenile inmates in an adult corrections facility, notwithstanding that their geographical boundaries do not include the facility, may:

             (1) Award appropriate diplomas or certificates to inmates who successfully complete graduation requirements;

             (2) Spend only funds appropriated by the legislature and allocated by the superintendent of public instruction for the exclusive purpose of maintaining and operating education programs under this chapter, including direct and indirect costs of maintaining and operating the education programs, and funds from federal and private grants, bequests, and gifts made for that purpose. School districts may not expend excess tax levy proceeds authorized for school district purposes to pay costs incurred under this chapter.

             NEW SECTION. Sec. 6. To support each education program under this chapter, the department of corrections and each superintendent or chief administrator of a correction facility shall:

             (1) Through construction, lease, or rental of space, provide necessary building and exercise spaces for the education program that is secure, separate, and apart from space occupied by nonstudent inmates;

             (2) Through construction, lease, or rental, provide vocational instruction machines; technology and supporting equipment; tools, building, and exercise facilities; and other equipment and fixtures deemed necessary by the department of corrections to conduct the education program;

             (3) Provide heat, lights, telephone, janitorial services, repair services, and other support services for the building and exercise spaces, equipment, and fixtures provided under this section;

             (4) Employ, supervise, and control security staff to safeguard agents of the education providers and inmates while engaged in educational and related activities conducted under this chapter;

             (5) Provide clinical and medical evaluation services necessary for a determination by the education provider of the educational needs of inmates; and

             (6) Provide such other support services and facilities as are reasonably necessary to conduct the education program.

             NEW SECTION. Sec. 7. Each education provider under this chapter and the department of corrections shall negotiate and execute a written contract for each school year or such longer period as may be agreed to that delineates the manner in which their respective duties and authority will be cooperatively performed and exercised, and any disputes and grievances resolved through mediation, and if necessary, arbitration. Any such contract may provide for the performance of duties by an education provider in addition to those set forth in this chapter, including duties imposed upon the department of corrections and its agents under section 6 of this act if supplemental funding provided by the department of corrections is available to fully pay the direct and indirect costs of these additional duties.

             NEW SECTION. Sec. 8. By April 15th of each school year, the department of corrections shall provide written notice to the superintendent of public instruction and education providers operating programs under this chapter of any reasonably foreseeable education site closures, reductions in the number of inmates or education services, or any other cause for a reduction in certificated or classified staff the next school year. In the event the department of corrections fails to provide notice as required by this section, the department is liable and responsible for the payment of the salary and employment-related costs for the next school year of each employee whose contract would or could have been nonrenewed but for the failure of the department to provide notice. Disputes arising under this section shall be resolved in accordance with the alternative dispute resolution method or methods specified in the contract required by section 7 of this act.

             NEW SECTION. Sec. 9. The superintendent of public instruction shall:

             (1) Allocate money appropriated by the legislature to administer and provide education programs under this chapter to school districts, educational service districts, and other education providers selected under section 3 of this act that have assumed the primary responsibility to administer and provide education programs under this chapter. The allocation of moneys to any private contractor is contingent upon and must be in accordance with a contract between the private contractor and the department of corrections; and

             (2) Adopt rules in accordance with chapter 34.05 RCW that establish reporting, program compliance, audit, and such other accountability requirements as are reasonably necessary to implement this chapter and related provisions of the biennial operating act effectively.

             Sec. 10. RCW 72.09.460 and 1997 c 338 s 43 are each amended to read as follows:

             (1) The legislature intends that all inmates be required to participate in department-approved education programs, work programs, or both, unless exempted under subsection (4) of this section. Eligible inmates who refuse to participate in available education or work programs available at no charge to the inmates shall lose privileges according to the system established under RCW 72.09.130. Eligible inmates who are required to contribute financially to an education or work program and refuse to contribute shall be placed in another work program. Refusal to contribute shall not result in a loss of privileges. The legislature recognizes more inmates may agree to participate in education and work programs than are available. The department must make every effort to achieve maximum public benefit by placing inmates in available and appropriate education and work programs.

             (2) The department shall provide access to a program of education to all offenders who are under the age of eighteen and who have not met high school graduation or general equivalency diploma requirements in accordance with chapter 28A.-- RCW (sections 1 through 9 of this act). The program of education established by the department and education provider under section 3 of this act for offenders under the age of eighteen must provide each offender a choice of curriculum that will assist the inmate in achieving a high school diploma or general equivalency diploma. The program of education may include but not be limited to basic education, prevocational training, work ethic skills, conflict resolution counseling, substance abuse intervention, and anger management counseling. The curriculum may balance these and other rehabilitation, work, and training components.

             (3) The department shall, to the extent possible and considering all available funds, prioritize its resources to meet the following goals for inmates in the order listed:

             (a) Achievement of basic academic skills through obtaining a high school diploma or its equivalent and achievement of vocational skills necessary for purposes of work programs and for an inmate to qualify for work upon release;

             (b) Additional work and education programs based on assessments and placements under subsection (5) of this section; and

             (c) Other work and education programs as appropriate.

             (4) The department shall establish, by rule, objective medical standards to determine when an inmate is physically or mentally unable to participate in available education or work programs. When the department determines an inmate is permanently unable to participate in any available education or work program due to a medical condition, the inmate is exempt from the requirement under subsection (1) of this section. When the department determines an inmate is temporarily unable to participate in an education or work program due to a medical condition, the inmate is exempt from the requirement of subsection (1) of this section for the period of time he or she is temporarily disabled. The department shall periodically review the medical condition of all temporarily disabled inmates to ensure the earliest possible entry or reentry by inmates into available programming.

             (5) The department shall establish, by rule, standards for participation in department-approved education and work programs. The standards shall address the following areas:

             (a) Assessment. The department shall assess all inmates for their basic academic skill levels using a professionally accepted method of scoring reading, math, and language skills as grade level equivalents. The department shall determine an inmate's education history, work history, and vocational or work skills. The initial assessment shall be conducted, whenever possible, within the first thirty days of an inmate's entry into the correctional system, except that initial assessments are not required for inmates who are sentenced to life without the possibility of release, assigned to an intensive management unit within the first thirty days after entry into the correctional system, are returning to the correctional system within one year of a prior release, or whose physical or mental condition renders them unable to complete the assessment process. The department shall track and record changes in the basic academic skill levels of all inmates reflected in any testing or assessment performed as part of their education programming;

             (b) Placement. The department shall follow the policies set forth in subsection (1) of this section in establishing criteria for placing inmates in education and work programs. The department shall, to the extent possible, place all inmates whose composite grade level score for basic academic skills is below the eighth grade level in a combined education and work program. The placement criteria shall include at least the following factors:

             (i) An inmate's release date and custody level, except an inmate shall not be precluded from participating in an education or work program solely on the basis of his or her release date;

             (ii) An inmate's education history and basic academic skills;

             (iii) An inmate's work history and vocational or work skills;

             (iv) An inmate's economic circumstances, including but not limited to an inmate's family support obligations; and

             (v) Where applicable, an inmate's prior performance in department-approved education or work programs;

             (c) Performance and goals. The department shall establish, and periodically review, inmate behavior standards and program goals for all education and work programs. Inmates shall be notified of applicable behavior standards and program goals prior to placement in an education or work program and shall be removed from the education or work program if they consistently fail to meet the standards or goals;

             (d) Financial responsibility. (i) The department shall establish a formula by which inmates, based on their ability to pay, shall pay all or a portion of the costs or tuition of certain programs. Inmates shall, based on the formula, pay a portion of the costs or tuition of participation in:

             (A) Second and subsequent vocational programs associated with an inmate's work programs; and

             (B) An associate of arts or baccalaureate degree program when placement in a degree program is the result of a placement made under this subsection;

             (ii) Inmates shall pay all costs and tuition for participation in:

             (A) Any postsecondary academic degree program which is entered independently of a placement decision made under this subsection; and

             (B) Second and subsequent vocational programs not associated with an inmate's work program.

             Enrollment in any program specified in (d)(ii) of this subsection shall only be allowed by correspondence or if there is an opening in an education or work program at the institution where an inmate is incarcerated and no other inmate who is placed in a program under this subsection will be displaced; and

             (e) Notwithstanding any other provision in this section, an inmate sentenced to life without the possibility of release:

             (i) Shall not be required to participate in education programming; and

             (ii) May receive not more than one postsecondary academic degree in a program offered by the department or its contracted providers.

             If an inmate sentenced to life without the possibility of release requires prevocational or vocational training for a work program, he or she may participate in the training subject to this section.

             (6) The department shall coordinate education and work programs among its institutions, to the greatest extent possible, to facilitate continuity of programming among inmates transferred between institutions. Before transferring an inmate enrolled in a program, the department shall consider the effect the transfer will have on the inmate's ability to continue or complete a program. This subsection shall not be used to delay or prohibit a transfer necessary for legitimate safety or security concerns.

             (7) Before construction of a new correctional institution or expansion of an existing correctional institution, the department shall adopt a plan demonstrating how cable, closed-circuit, and satellite television will be used for education and training purposes in the institution. The plan shall specify how the use of television in the education and training programs will improve inmates' preparedness for available work programs and job opportunities for which inmates may qualify upon release.

             (8) The department shall adopt a plan to reduce the per-pupil cost of instruction by, among other methods, increasing the use of volunteer instructors and implementing technological efficiencies. The plan shall be adopted by December 1996 and shall be transmitted to the legislature upon adoption. The department shall, in adoption of the plan, consider distance learning, satellite instruction, video tape usage, computer-aided instruction, and flexible scheduling of offender instruction.

             (9) Following completion of the review required by section 27(3), chapter 19, Laws of 1995 1st sp. sess. the department shall take all necessary steps to assure the vocation and education programs are relevant to work programs and skills necessary to enhance the employability of inmates upon release.

             Sec. 11. RCW 41.59.080 and 1975 1st ex.s. c 288 s 9 are each amended to read as follows:

             The commission, upon proper application for certification as an exclusive bargaining representative or upon petition for change of unit definition by the employer or any employee organization within the time limits specified in RCW 41.59.070(3), and after hearing upon reasonable notice, shall determine the unit appropriate for the purpose of collective bargaining. In determining, modifying or combining the bargaining unit, the commission shall consider the duties, skills, and working conditions of the educational employees; the history of collective bargaining; the extent of organization among the educational employees; and the desire of the educational employees; except that:

             (1) A unit including nonsupervisory educational employees shall not be considered appropriate unless it includes all such nonsupervisory educational employees of the employer; and

             (2) A unit that includes only supervisors may be considered appropriate if a majority of the employees in such category indicate by vote that they desire to be included in such a unit; and

             (3) A unit that includes only principals and assistant principals may be considered appropriate if a majority of such employees indicate by vote that they desire to be included in such a unit; and

             (4) A unit that includes both principals and assistant principals and other supervisory employees may be considered appropriate if a majority of the employees in each category indicate by vote that they desire to be included in such a unit; and

             (5) A unit that includes supervisors and/or principals and assistant principals and nonsupervisory educational employees may be considered appropriate if a majority of the employees in each category indicate by vote that they desire to be included in such a unit; and

             (6) A unit that includes only employees in vocational-technical institutes or occupational skill centers may be considered to constitute an appropriate bargaining unit if the history of bargaining in any such school district so justifies; and

             (7) Notwithstanding the definition of collective bargaining, a unit that contains only supervisors and/or principals and assistant principals shall be limited in scope of bargaining to compensation, hours of work, and the number of days of work in the annual employment contracts; and

             (8) The bargaining unit of certificated employees of school districts, educational service districts, or institutions of higher education that are education providers under chapter 28A.-- RCW (sections 1 through 9 of this act) must be limited to the employees working as education providers to juveniles in each adult correctional facility maintained by the department of corrections and must be separate from other bargaining units in school districts, educational service districts, or institutions of higher education.

             NEW SECTION. Sec. 12. A new section is added to chapter 41.56 RCW to read as follows:

             This chapter applies to the bargaining unit of classified employees of school districts, educational service districts, or institutions of higher education that are education providers under chapter 28A.-- RCW (sections 1 through 9 of this act). Such bargaining units must be limited to the employees working as education providers to juveniles in each adult correctional facility maintained by the department of corrections and must be separate from other bargaining units in school districts, educational service districts, or institutions of higher education.

             Sec. 13. RCW 28A.310.300 and 1990 c 33 s 283 are each amended to read as follows:

             In addition to other powers and duties as provided by law, each educational service district superintendent shall:

             (1) Assist the school districts in preparation of their budgets as provided in chapter 28A.505 RCW.

             (2) Enforce the provisions of the compulsory attendance law as provided in RCW 28A.225.010 through ((28A.225.150)) 28A.225.140, 28A.200.010, and 28A.200.020.

             (3) Perform duties relating to capital fund aid by nonhigh districts as provided in chapter 28A.540 RCW.

             (4) Carry out the duties and issue orders creating new school districts and transfers of territory as provided in chapter 28A.315 RCW.

             (5) Perform the limited duties as provided in chapter 28A.-- RCW (sections 1 through 9 of this act).

             (6) Perform all other duties prescribed by law and the educational service district board.

             Sec. 14. RCW 28A.225.010 and 1996 c 134 s 1 are each amended to read as follows:

             (1) All parents in this state of any child eight years of age and under eighteen years of age shall cause such child to attend the public school of the district in which the child resides and such child shall have the responsibility to and therefore shall attend for the full time when such school may be in session unless:

             (a) The child is attending an approved private school for the same time or is enrolled in an extension program as provided in RCW 28A.195.010(4);

             (b) The child is receiving home-based instruction as provided in subsection (4) of this section;

             (c) The child is attending an education center as provided in chapter 28A.205 RCW;

             (d) The school district superintendent of the district in which the child resides shall have excused such child from attendance because the child is physically or mentally unable to attend school, is attending a residential school operated by the department of social and health services, is incarcerated in an adult correctional facility, or has been temporarily excused upon the request of his or her parents for purposes agreed upon by the school authorities and the parent: PROVIDED, That such excused absences shall not be permitted if deemed to cause a serious adverse effect upon the student's educational progress: PROVIDED FURTHER, That students excused for such temporary absences may be claimed as full time equivalent students to the extent they would otherwise have been so claimed for the purposes of RCW 28A.150.250 and 28A.150.260 and shall not affect school district compliance with the provisions of RCW 28A.150.220; or

             (e) The child is sixteen years of age or older and:

             (i) The child is regularly and lawfully employed and either the parent agrees that the child should not be required to attend school or the child is emancipated in accordance with chapter 13.64 RCW;

             (ii) The child has already met graduation requirements in accordance with state board of education rules and regulations; or

             (iii) The child has received a certificate of educational competence under rules and regulations established by the state board of education under RCW 28A.305.190.

             (2) A parent for the purpose of this chapter means a parent, guardian, or person having legal custody of a child.

             (3) An approved private school for the purposes of this chapter and chapter 28A.200 RCW shall be one approved under regulations established by the state board of education pursuant to RCW 28A.305.130.

             (4) For the purposes of this chapter and chapter 28A.200 RCW, instruction shall be home-based if it consists of planned and supervised instructional and related educational activities, including a curriculum and instruction in the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of an appreciation of art and music, provided for a number of hours equivalent to the total annual program hours per grade level established for approved private schools under RCW 28A.195.010 and 28A.195.040 and if such activities are:

             (a) Provided by a parent who is instructing his or her child only and are supervised by a certificated person. A certificated person for purposes of this chapter and chapter 28A.200 RCW shall be a person certified under chapter 28A.410 RCW. For purposes of this section, "supervised by a certificated person" means: The planning by the certificated person and the parent of objectives consistent with this subsection; a minimum each month of an average of one contact hour per week with the child being supervised by the certificated person; and evaluation of such child's progress by the certificated person. The number of children supervised by the certificated person shall not exceed thirty for purposes of this subsection; or

             (b) Provided by a parent who is instructing his or her child only and who has either earned forty-five college level quarter credit hours or its equivalent in semester hours or has completed a course in home-based instruction at a postsecondary institution or a vocational-technical institute; or

             (c) Provided by a parent who is deemed sufficiently qualified to provide home-based instruction by the superintendent of the local school district in which the child resides.

             (5) The legislature recognizes that home-based instruction is less structured and more experiential than the instruction normally provided in a classroom setting. Therefore, the provisions of subsection (4) of this section relating to the nature and quantity of instructional and related educational activities shall be liberally construed.

             NEW SECTION. Sec. 15. A new section is added to chapter 28A.150 RCW to read as follows:

             (1) The department of corrections and the superintendent of public instruction shall conduct a study to determine the educational needs of inmates under the age of twenty-one incarcerated in jail and prison, the impact of providing educational services and special educational services to those inmates on the security and penological interests of the correctional institutions that incarcerate those inmates, and the ability of local school districts, the community and technical colleges, private vendors, juvenile detention centers, and the correctional institutions to provide those educational and special services.

             (2) The department and the superintendent of public instruction shall consult with the following groups:

             (a) The Washington association of school administrators;

             (b) The individual school districts and educational service districts in which the department or a county jail may operate a school for inmates under age twenty-one;

             (c) The Washington association of counties;

             (d) The state board for community and technical colleges;

             (e) The higher education coordinating board;

             (f) The United States department of education office of special education programs and the office for civil rights;

             (g) The juvenile rehabilitation administration's residential school programs;

             (h) The juvenile court administrators;

             (i) The attorney general;

             (j) Columbia legal services;

             (k) The Washington association of prosecuting attorneys;

             (l) The school districts that provide educational services to juvenile offenders incarcerated in state juvenile residential schools; and

             (m) Any other person or association that in the opinion of the department or the superintendent of public instruction may assist in the study.

             (3) No later than May 1, 1998, the department and the superintendent of public instruction shall provide to the committees on education in the house and senate, the criminal justice and corrections committee in the house, the human services and corrections committee in the senate, and the house and senate fiscal committees, a profile of all offenders under the age of twenty-one who are incarcerated in a department of corrections' facility. The profile shall identify the offenders individually by the following:

             (a) Age;

             (b) Offense or offenses of commitment;

             (c) Criminal history;

             (d) Anticipated length of stay;

             (e) The number of serious infractions committed by the offender during incarceration and the number of times, if any, the offender has been placed in an intensive management unit;

             (f) The offender's custody level;

             (g) Whether the offender has a high school diploma or a general equivalency diploma;

             (h) The last grade the offender completed;

             (i) Whether the offender, in the educational placement prior to incarceration was identified as a child with a disability or had an individualized education program;

             (j) Whether the offender would qualify for transition planning and services under 20 U.S.C. Sec. 1414(d)(6);

             (k) Whether the department has security or penological interests that warrant modification of an existing individualized education program or placement as provided by 20 U.S.C. Sec. 1414(d)(6);

             (l) Whether the offender has participated in any educational programs offered by the department; and

             (m) Whether the offender may be in need of special education and related services. This subsection does not require the department or the superintendent to evaluate an offender to determine if the offender is a child with disabilities in need of special education and related services.

             (4) No later than September 1, 1998, the department of corrections and the superintendent of public instruction shall provide to the committees identified in subsection (3) of this section a profile of inmates under the age of twenty-one confined in county jails between the effective date of this section and August 1, 1998. The profile shall identify the inmates' characteristics as listed in subsection (3) of this section and shall include all inmates detained in a county correctional facility whether arrested, charged, pending trial, or convicted. The department and the superintendent of public instruction shall assist the counties in gathering this information.

             (5) No later than September 1, 1998, the department and the superintendent of public instruction shall make a preliminary report to the committees listed in subsection (3) of this section, identifying the educational needs of inmates under the age of twenty-one in adult correctional facilities, the impact of providing educational services to those inmates on the security and penological interests of the correctional institutions that incarcerate those inmates, and the ability of local school districts, the community and technical colleges, private vendors, juvenile detention centers, and the correctional institutions to provide those educational services. The department and the superintendent, in consultation with the office of financial management, shall estimate the various capital and operating costs of providing basic educational services or basic skills education to offenders under age twenty-one, and special education and related services to all inmates under age twenty-one or to just those inmates under age eighteen and between the ages of eighteen and twenty-one who were identified as a child with a disability or had an individualized education program in the educational placement prior to incarceration in an adult correctional facility. The department and the superintendent of public instruction shall inform the committees as to which educational entity or entities are able and willing to provide those educational services.

             (6) No later than November 1, 1998, the department and the superintendent of public instruction shall make final recommendations to the committees.

             NEW SECTION. Sec. 16. Sections 1 through 9 of this act constitute a new chapter in Title 28A RCW.

             NEW SECTION. Sec. 17. Sections 1 through 9 and 11 through 15 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.

             NEW SECTION. Sec. 18. Section 10 of this act takes effect September 1, 1998.

             NEW SECTION. Sec. 19. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

             Correct the title.

             Representatives Radcliff and Quall spoke in favor of the adoption of the amendment.

             The 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 Radcliff, Quall, Smith and Cole spoke in favor of the passage of the bill.

             The Speaker stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6600 as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6600 as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.

             Engrossed Substitute Senate Bill No. 6600 as amended by the House, having received the constitutional majority, was declared passed.

             The Speaker called upon Representative Pennington to preside.

             HOUSE BILL NO. 2027, by Representatives Lisk, McMorris, Schoesler, Boldt, Hickel, Honeyford and Zellinsky

Regulating travel sales.

             The bill was read the second time. There being no objection, Second Substitute House Bill No. 2027 was substituted for House Bill No. 2027 and the second substitute bill was placed on the second reading calendar.

             Second Substitute House Bill No. 2027 was read the second time.

             With the consent of the House, amendment (1108) was withdrawn.

             Representative McMorris moved the adoption of amendment (1154):

             Strike everything after the enacting clause and insert the following:

             "Sec. 1. RCW 19.138.030 and 1996 c 180 s 2 are each amended to read as follows:

             A seller of travel shall not advertise that any travel services are or may be available unless he or she has, prior to the advertisement, determined that the product advertised was available at the time the advertising was placed. This determination can be made by the seller of travel either by use of an airline computer reservation system, or by written confirmation from the vendor whose program is being advertised.

             It is the responsibility of the seller of travel to keep written or printed documentation of the steps taken to verify that the advertised offer was available at the time the advertising was placed. These records are to be maintained for at least ((two)) one year((s)) after the placement of the advertisement.

             Sec. 2. RCW 19.138.040 and 1996 c 180 s 3 are each amended to read as follows:

             At or prior to the time of full or partial payment for any travel services, the seller of travel shall furnish to the person making the payment a written statement conspicuously setting forth the information contained in subsections (1) through (6) of this section. However, if ((the sale of travel services is made over the telephone or by other electronic media and payment is made by credit or debit card)) payment is made other than in person, the seller of travel shall transmit to the person making the payment the written statement required by this section within three business days of ((the consumer's credit or debit card authorization)) receipt or processing of the payment. The written statement shall contain the following information:

             (1) The name and business address and telephone number of the seller of travel.

             (2) The amount paid, the date of such payment, the purpose of the payment made, and an itemized statement of the balance due, if any.

             (3) The registration number of the seller of travel required by this chapter.

             (4) The name of the vendor with whom the seller of travel has contracted to provide travel arrangements for a consumer and all pertinent information relating to the travel as known by the seller of travel at the time of booking. The seller of travel will make known further details as soon as received from the vendor. All information will be provided with final documentation.

             (5) ((The conditions, if any, upon which the contract between the seller of travel and the passenger may be canceled, and the rights and obligations of all parties in the event of cancellation.)) An advisory regarding the penalties that would be charged in the event of a cancellation or change by the customer. This may contain either: (a) The specific amount of cancellation and change penalties; or (b) the following statement: "Cancellation and change penalties apply to these arrangements. Details will be provided upon request."

             (6) A statement in eight-point boldface type in substantially the following form:

             "If transportation or other services are canceled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date."

             Sec. 3. RCW 19.138.100 and 1996 c 180 s 4 are each amended to read as follows:

             No person, firm, or corporation may act or hold itself out as a seller of travel unless, prior to engaging in the business of selling or advertising to sell travel services, the person, firm, or corporation registers with the director under this chapter and rules adopted under this chapter.

             (1) The registration number must be conspicuously posted in the place of business and must be included in all advertisements. ((Any corporation which issues a class of equity securities registered under section 12 of the securities exchange act of 1934, and any subsidiary, the majority of voting stock of which is owned by such corporation including any wholly owned subsidiary of such corporation are not required to include company registration numbers in advertisements.)) Sellers of travel are not required to include registration numbers on institutional advertising. For the purposes of this subsection, "institutional advertising" is advertising that does not include prices or dates for travel services.

             (2) ((The director shall issue duplicate registrations upon payment of a nominal duplicate registration fee to valid registration holders operating more than one office.)) Separate offices or business locations with two or more employees must be individually registered under this chapter.

             (3) No registration is assignable or transferable.

             (4) If a registered seller of travel sells his or her business, when the new owner becomes responsible for the business, the new owner must comply with all provisions of this chapter, including registration.

             (5) If a seller of travel is employed by or under contract as an independent contractor or an outside agent of a seller of travel who is registered under this chapter, the employee, independent contractor, or outside agent need not also be registered if:

             (a) The employee, independent contractor, or outside agent is conducting business as a seller of travel in the name of and under the registration of the registered seller of travel; and

             (b) All money received for travel services by the employee, independent contractor, or outside agent is collected in the name of the registered seller of travel and ((deposited directly into)) processed by the registered seller of ((travel's trust account)) travel as required under this chapter.

             Sec. 4. RCW 19.138.110 and 1996 c 180 s 5 are each amended to read as follows:

             An application for registration as a seller of travel shall be submitted in the form prescribed by rule by the director, and shall contain but not be limited to the following:

             (1) The name, address, and telephone number of the seller of travel;

             (2) Proof that the seller of travel holds a valid business license in the state of its principal state of business;

             (3) A registration fee in an amount determined under RCW 43.24.086;

             (4) The names, business addresses, and business phone numbers of all employees, independent contractors, or outside agents who sell travel and are covered by the seller of travel's registration((. This subsection shall not apply to the out-of-state employees of a corporation that issues a class of equity securities registered under section 12 of the securities exchange act of 1934, and any subsidiary, the majority of voting stock of which is owned by the corporation)); and

             (5) For those sellers of travel required to maintain a trust account under RCW 19.138.140, a report prepared and signed by a bank officer, licensed public accountant, or certified public accountant or other report, approved by the director, that verifies that the seller of travel maintains a trust account at a federally insured financial institution located in Washington state, or other approved account, the location and number of that trust account or other approved account, and verifying that the account ((exists as)) required by RCW 19.138.140 exists. The director, by rule, may permit alternatives to the report that provides for at least the same level of verification.

             Sec. 5. RCW 19.138.120 and 1994 c 237 s 5 are each amended to read as follows:

             (1) Each seller of travel shall renew its registration on or before July 1 of every ((other)) year or as otherwise determined by the director.

             (2) Renewal of a registration is subject to the same provisions covering issuance, suspension, and revocation of a registration originally issued.

             (3) The director may refuse to renew a registration for any of the grounds set out under RCW 19.138.130, and where the past conduct of the applicant affords reasonable grounds for belief that the applicant will not carry out the applicant's duties in accordance with law and with integrity and honesty. The director shall promptly notify the applicant in writing by certified mail of its intent to refuse to renew the registration. The registrant may, within twenty-one days after receipt of that notice or intent, request a hearing on the refusal. The director may permit the registrant to honor commitments already made to its customers, but no new commitments may be incurred, unless the director is satisfied that all new commitments are completely bonded or secured to insure that the general public is protected from loss of money paid to the registrant. It is the responsibility of the registrant to contest the decision regarding conditions imposed or registration denied through the process established by the administrative procedure act, chapter 34.05 RCW.

             Sec. 6. RCW 19.138.130 and 1997 c 58 s 852 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)) ten 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;

             (c) Has made a false statement of a material fact in an application under this chapter or in data attached to it;

             (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; or

             (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.

             (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.

             (3) The director shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or 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 release issued by the department of social and health services stating that the licensee is in compliance with the order.

             Sec. 7. RCW 19.138.140 and 1996 c 180 s 7 are each amended to read as follows:

             (1) A seller of travel shall deposit in a trust account maintained in a federally insured financial institution located in Washington state, or other account approved by the director, all sums held for more than five business days that are received from a person or entity, for retail travel services offered by the seller of travel. This subsection does not apply to travel services sold by a seller of travel, when payments for the travel services are made through the airlines reporting corporation ((either by cash or credit or debit card sale)).

             (2) The trust account or other approved account required by this section shall be established and maintained for the benefit of any person or entity paying money to the seller of travel. The seller of travel shall not in any manner encumber the amounts in trust and shall not withdraw money from the account except the following amounts may be withdrawn at any time:

             (a) Partial or full payment for travel services to the entity directly providing the travel service;

             (b) Refunds as required by this chapter;

             (c) The amount of the sales commission;

             (d) Interest earned and credited to the trust account or other approved account;

             (e) Remaining funds of a purchaser once all travel services have been provided or once tickets or other similar documentation binding upon the ultimate provider of the travel services have been provided; or

             (f) Reimbursement to the seller of travel for agency operating funds that are advanced for a customer's travel services.

             (3) At the time of registration, the seller of travel shall file with the department the account number and the name of the financial institution at which the trust account or other approved account is held as set forth in RCW 19.138.110. The seller of travel shall notify the department of any change in the account number or location within one business day of the change.

             (4) The director, by rule, may allow for the use of other types of funds or accounts only if the protection for consumers is no less than that provided by this section.

             (5) The seller of travel need not comply with the requirements of this section if all of the following apply, except as exempted in subsection (1) of this section:

             (a) The payment is made by credit card;

             (b) The seller of travel does not deposit, negotiate, or factor the credit card charge or otherwise seek to obtain payment of the credit card charge to any account over which the seller of travel has any control; and

             (c) If the charge includes transportation, the carrier that is to provide the transportation processes the credit card charge, or if the charge is only for services, the provider of services processes the credit card charges.

             (6) The seller of travel need not maintain a trust account nor comply with the trust account provisions of this section if the seller of travel:

             (a)(i) Files and maintains a surety bond approved by the director in an amount of not less than ten thousand nor more than fifty thousand dollars, as determined by the director based on the volume of business conducted by the seller of travel during the prior year. The bond shall be executed by the applicant as obligor and by a surety company authorized to do business in this state.

             (ii) The bond must run to the state of Washington as obligee, and must run to the benefit of the state and any person or persons who suffer loss by reason of the seller of travel's violation of this chapter or a rule adopted under this chapter.

             (iii) The bond must be conditioned that the seller of travel will faithfully conform to and abide by this chapter and all rules adopted under this chapter, and shall reimburse all persons who suffer loss by reason of a violation of this chapter or a rule adopted under this chapter.

             (iv) The bond must be continuous and may be canceled by the surety upon the surety giving written notice to the director of the surety's intent to cancel the bond. The cancellation is effective thirty days after the notice is received by the director.

             (v) The applicant may obtain the bond directly from the surety or through a camp bonding arrangement involving a professional organization comprised of sellers of travel if the arrangement provides at least as much coverage as is required under this subsection.

             (vi) In lieu of a surety bond, the applicant may, upon approval by the director, file with the director a certificate of deposit, an irrevocable letter of credit, or such other instrument as is approved by the director by rule, drawn in favor of the director for an amount equal to the required bond.

             (vii) A person injured by a violation of this chapter may bring an action against the surety bond or approved alternative of the seller of travel who committed the violation or who employed the seller of travel who committed the violation; or

             (b) Is a member in good standing in a professional association, such as the United States tour operators association or national tour association, that is approved by the director and that provides a minimum of one million dollars in errors and professional liability insurance and provides a surety bond or equivalent protection in an amount of at least two hundred fifty thousand dollars for its member companies.

             (7) If the seller of travel maintains its principal place of business in another state and maintains a trust account or other approved account in that state consistent with the requirement of this section, and if that seller of travel has transacted business within the state of Washington in an amount exceeding five million dollars for the preceding year, the out-of-state trust account or other approved account may be substituted for the in-state account required under this section.

             Sec. 8. RCW 19.138.170 and 1994 c 237 s 13 are each amended to read as follows:

             The director has the following powers and duties:

             (1) To adopt, amend, and repeal rules to carry out the ((purposes)) registration and trust account provisions of this chapter;

             (2) To issue and renew registrations under this chapter and to deny or refuse to renew for failure to comply with this chapter;

             (3) To suspend or revoke a registration for a violation of this chapter;

             (4) To provide technical assistance and training to registered sellers of travel on requirements to comply with this chapter;

             (5) To establish fees;

             (((5) Upon receipt of a complaint, to inspect and audit the books and records of a seller of travel. The seller of travel shall immediately make available to the director those books and records as may be requested at the seller of travel's place of business or at a location designated by the director. For that purpose, the director shall have full and free access to the office and places of business of the seller of travel during regular business hours; and))

             (6) To do all things necessary to carry out the functions, powers, and duties given to the director as set forth in this chapter; and

             (7) To publish information concerning violations of this chapter or rules adopted or orders issued under this chapter.

             NEW SECTION. Sec. 9. A new section is added to chapter 19.138 RCW to read as follows:

             For the purposes of this chapter, the attorney general may, upon receipt of an oral or written complaint, investigate the practices of sellers of travel for which registration is required under this chapter or actions of persons who violate or appear to violate this chapter.

             Sec. 10. RCW 19.138.190 and 1994 c 237 s 16 are each amended to read as follows:

             For the purpose of an investigation or proceeding under this chapter, the ((director)) attorney general or any officer designated by the ((director)) attorney general may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the ((director)) attorney general deems relevant or material to the inquiry.

             Sec. 11. RCW 19.138.200 and 1994 c 237 s 20 are each amended to read as follows:

             The ((director)) attorney general or individuals acting on the ((director's)) attorney general's behalf are immune from suit in any action, civil or criminal, based on disciplinary proceedings or other official acts performed in the course of their duties in the administration and enforcement of this chapter.

             Sec. 12. RCW 19.138.240 and 1994 c 237 s 21 are each amended to read as follows:

             (1) The director may assess against a person or organization that fails to register under this chapter or otherwise violates this chapter, or a rule adopted under this chapter, a civil penalty of not more than one thousand dollars for each violation.

             (2) The person or organization shall be afforded the opportunity for a hearing, upon request made to the director within thirty days after the date of issuance of the notice of assessment. The hearing shall be conducted in accordance with chapter 34.05 RCW.

             (3) A civil penalty shall be imposed by the court for each violation of this chapter in an amount not less than five hundred dollars nor more than two thousand dollars per violation.

             (4) If a person fails to pay an assessment after it has become a final and unappealable order, or after the court has entered final judgment in favor of the state, the director may recover the amount assessed by action in the appropriate superior court. In the action, the validity and appropriateness of the final order imposing the penalty shall not be subject to review.

             NEW SECTION. Sec. 13. A new section is added to chapter 43.19 RCW to read as follows:

             The department shall not purchase any travel services for use by any state employee or state official from a vendor who is not a Washington-based seller of travel licensed under chapter 19.138 RCW.

             NEW SECTION. Sec. 14. A new section is added to chapter 28B.10 RCW to read as follows:

             (1) Institutions of higher education as defined under RCW 28B.10.016 shall not purchase any travel services for use by any employee of the institution or reimburse an employee for any travel services purchased from a vendor who is not a Washington-based seller of travel licensed under chapter 19.138 RCW. Travel services provided by an officially sanctioned bowl committee associated with an athletic bowl event are excluded from this section.

             (2) When purchasing travel services, institutions of higher education shall use the competitive bid procedures under RCW 28B.10.029. When requesting bids, any use of institutional services such as use of logos, telephone services, and facilities offered by the institution shall be offered equally to all potential bidders.

             NEW SECTION. Sec. 15. A new section is added to chapter 43.131 RCW to read as follows:

             The sellers of travel regulatory program shall be terminated June 30, 2001, as provided in section 16 of this act.

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

             The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2002:

                                       (1)        RCW 19.138.010 and 1994 c 237 s 1 & 1986 c 283 s 1;

                                       (2)        RCW 19.138.021 and 1996 c 180 s 1 & 1994 c 237 s 2;

                                       (3)        RCW 19.138.030 and 1998 c . . . s 1 (section 1 of this act), 1996 c 180 s 2, 1994 c 237 s 10, & 1986 c 283 s 3;

                                       (4)        RCW 19.138.040 and 1998 c . . . s 2 (section 2 of this act), 1996 c 180 s 3, 1994 c 237 s 11, & 1986 c 283 s 4;

                                       (5)        RCW 19.138.050 and 1994 c 237 s 12 & 1986 c 283 s 5;

                                       (6)        RCW 19.138.090 and 1986 c 283 s 9;

                                       (7)        RCW 19.138.100 and 1998 c . . . s 3 (section 3 of this act), 1996 c 180 s 4, & 1994 c 237 s 3;

                                       (8)        RCW 19.138.110 and 1998 c . . . s 4 (section 4 of this act), 1996 c 180 s 5, & 1994 c 237 s 4;

                                       (9)        RCW 19.138.120 and 1998 c . . . s 5 (section 5 of this act) & 1994 c 237 s 5;

                                       (10)      RCW 19.138.130 and 1998 c . . . s 6 (section 6 of this act), 1997 c 58 s 852, 1996 c 180 s 6, & 1994 c 237 s 6;

                                       (11)      RCW 19.138.140 and 1998 c . . . s 7 (section 7 of this act), 1996 c 180 s 7, & 1994 c 237 s 8;

                                       (12)      RCW 19.138.150 and 1994 c 237 s 9;

                                       (13)      RCW 19.138.160 and 1994 c 237 s 14;

                                       (14)      RCW 19.138.170 and 1998 c . . . s 8 (section 8 of this act) & 1994 c 237 s 13;

                                       (15)      RCW 19.138.1701 and 1994 c 237 s 30;

                                       (16)      RCW 19.138.--- and 1998 c . . . s 9 (section 9 of this act);

                                       (17)      RCW 19.138.190 and 1998 c . . . s 10 (section 10 of this act) & 1994 c 237 s 16;

                                       (18)      RCW 19.138.200 and 1998 c . . . s 11 (section 11 of this act) & 1994 c 237 s 20;

                                       (19)      RCW 19.138.210 and 1994 c 237 s 17;

                                       (20)      RCW 19.138.220 and 1994 c 237 s 18;

                                       (21)      RCW 19.138.230 and 1994 c 237 s 19;

                                       (22)      RCW 19.138.240 and 1998 c . . . s 12 (section 12 of this act) & 1994 c 237 c 237 s 21;

                                       (23)      RCW 19.138.250 and 1994 c 237 s 22;

                                       (24)      RCW 19.138.260 and 1994 c 237 s 23;

                                       (25)      RCW 19.138.270 and 1994 c 237 s 24;

                                       (26)      RCW 19.138.280 and 1994 c 237 s 28;

                                       (27)      RCW 19.138.290 and 1994 c 237 s 27;

                                       (28)      RCW 19.138.300 and 1994 c 237 s 25;

                                       (29)      RCW 19.138.310 and 1994 c 237 s 26;

                                       (30)      RCW 19.138.900 and 1986 c 283 s 11;

                                       (31)      RCW 19.138.901 and 1986 c 283 s 12;

                                       (32)      RCW 19.138.902 and 1994 c 237 s 32;

                                       (33)      RCW 19.138.903 and 1994 c 237 s 33; and

                                       (34)      RCW 19.138.904 and 1994 c 237 s 35.

             NEW SECTION. Sec. 17. RCW 19.138.180 and 1994 c 237 s 15 are each repealed.

             NEW SECTION. Sec. 18. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

             Correct the title.

             Representative McMorris spoke in favor of the adoption of the amendment.

             Representatives Cole and Wood spoke against the adoption of the amendment.

             The amendment was adopted. The bill was ordered engrossed.

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

             Representatives McMorris and Zellinsky spoke in favor of passage of the bill.

             Representatives Cole and Conway spoke against passage of the bill.

             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 2027.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2027 and the bill passed the House by the following vote: Yeas - 64, Nays - 34, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cooke, Crouse, DeBolt, Delvin, Doumit, Dunn, Dunshee, Dyer, Grant, Hankins, Hickel, Honeyford, Huff, Johnson, Kessler, Koster, Lambert, Lisk, Mastin, McCune, McMorris, Mielke, Mitchell, Mulliken, O'Brien, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Wensman, Zellinsky and Mr. Speaker - 64.

             Voting nay: Representatives Anderson, Appelwick, Butler, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Eickmeyer, Fisher, Gardner, Gombosky, Hatfield, Kastama, Keiser, Kenney, Lantz, Linville, Mason, McDonald, Morris, Murray, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Veloria, Wolfe and Wood - 34.

             Engrossed Second Substitute House Bill No. 2027, having received the constitutional majority, was declared passed.

             There being no objection, the House deferred consideration of Engrossed Second Substitute Senate Bill No. 6509 and the bill held its place on second reading.

             SENATE BILL NO. 5622, by Senators Long, Strannigan and Winsley

Removing the expiration of tax exemptions for new construction of alternative housing for youth in crisis.

             The bill was read the second time.

             There being no objection, the committee amendment by the Committee on Finance was adopted. (For committee amendment, see Journal, 47th Day, February 27, 1998.)

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

             Representatives B. Thomas, Dunshee, Costa and Radcliff spoke in favor of passage of the bill.

             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 5622, as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Senate Bill No. 5622, as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.

             Senate Bill No. 5622, as amended by the House, having received the constitutional majority, was declared passed.

             SENATE BILL NO. 6728, by Senators Newhouse, Loveland, Morton, Rasmussen, Deccio and Schow

Providing tax exemptions for activities conducted for hop commodity commissions or boards.

             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 B. Thomas spoke in favor of passage of the bill.

             Representative Dunshee spoke against passage of the bill.

             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6728.

ROLL CALL

             The Clerk called the roll on the final passage of Senate Bill No. 6728 and the bill passed the House by the following vote: Yeas - 88, Nays - 10, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cody, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Kenney, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 88.

             Voting nay: Representatives Appelwick, Butler, Chopp, Cole, Dickerson, Dunshee, Keiser, Lantz, Mason and Murray - 10.

             Senate Bill No. 6728, having received the constitutional majority, was declared passed.

MOTION FOR RECONSIDERATION

             Representative Robertson, having voted on the prevailing side, moved that the rules be suspended, and that the House immediately reconsider the vote on Senate Bill No. 6728. The motion was carried.

RECONSIDERATION

             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6728 on reconsideration.

ROLL CALL

             The Clerk called the roll on the final passage of Senate Bill No. 6728 on reconsideration and the bill passed the House by the following vote: Yeas - 93, Nays - 5, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Kenney, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 93.

             Voting nay: Representatives Dickerson, Dunshee, Keiser, Lantz and Mason - 5.

             Senate Bill No. 6728, on reconsideration, having received the constitutional majority, was declared passed.

             ENGROSSED SUBSTITUTE SENATE BILL NO. 6328, by Senate Committee on Natural Resources & Parks (originally sponsored by Senators Oke, Jacobsen and Swecker; by request of Department of Fish and Wildlife)

Enacting the fish and wildlife code enforcement act.

             The bill was read the second time.

             There being no objection, the committee amendment by the Committee on Natural Resources was not adopted. (For committee amendment, see Journal, 47th Day, February 27, 1998.)

             Representative Buck moved the adoption of amendment (1160):

             Strike everything after the enacting clause and insert the following:

             "NEW SECTION. Sec. 1. PURPOSE. The legislature finds that merger of the departments of fisheries and wildlife resulted in two criminal codes applicable to fish and wildlife, and that it has become increasingly difficult to administer and enforce the two criminal codes. Furthermore, laws defining crimes involving fish and wildlife have evolved over many years of changing uses and management objectives for fish and wildlife. The resulting two codes make it difficult for citizens to comply with the law and unnecessarily complicate enforcement of laws against violators.

             The legislature intends by chapter . . ., Laws of 1998 (this act) to revise and recodify the criminal laws governing fish and wildlife, ensuring that all people involved with fish and wildlife are able to know and understand the requirements of the laws and the risks of violation. Additionally, the legislature intends to create a more uniform approach to criminal laws governing fish and wildlife and to the laws authorizing prosecution, sentencing, and punishments, including defining new crimes and repealing crimes that are redundant to other provisions of the criminal code.

             Chapter . . ., Laws of 1998 (this act) is not intended to alter existing powers of the commission or the director to adopt rules or exercise powers over fish and wildlife. In some places reference is made to violation of department rules, but this is intended to conform with current powers of the commission, director, or both, to adopt rules governing fish and wildlife activities.

             NEW SECTION. Sec. 2. EXEMPTION FOR DEPARTMENT ACTIONS. A person is not guilty of a crime under this chapter if the person is an officer, employee, or agent of the department lawfully acting in the course of his or her authorized duties.

             NEW SECTION. Sec. 3. AUTHORITY TO DEFINE VIOLATION OF A RULE AS AN INFRACTION. If the commission or director has authority to adopt a rule that is punishable as a crime under this chapter, then the commission or director may provide that violation of the rule shall be punished with notice of infraction under RCW 7.84.030.

             NEW SECTION. Sec. 4. SEPARATE OFFENSES FOR EACH BIG GAME, PROTECTED, OR ENDANGERED ANIMAL. Where it is unlawful to hunt, take, kill, fish, or possess big game or protected or endangered fish or wildlife, then each individual animal unlawfully killed, taken, or possessed is a separate offense.

             NEW SECTION. Sec. 5. JURISDICTION. District courts have jurisdiction concurrent with superior courts for misdemeanors and gross misdemeanors committed in violation of this chapter and may impose the punishment provided for these offenses. Superior courts have jurisdiction over felonies committed in violation of this chapter. Venue for offenses occurring in off-shore waters shall be in a county bordering on the Pacific Ocean, or the county where fish or wildlife from the offense are landed.

             NEW SECTION. Sec. 6. CONVICTION IN A STATE OR MUNICIPAL COURT. Unless the context clearly requires otherwise, as used in this chapter, "conviction" means a final conviction in a state or municipal court or an unvacated forfeiture of bail or collateral deposited to secure the defendant's appearance in court. A plea of guilty, or a finding of guilt for a violation of this title or rule of the commission or director constitutes a conviction regardless of whether the imposition of sentence is deferred or the penalty is suspended.

             NEW SECTION. Sec. 7. REFERENCE TO CHAPTERS 7.84 AND 9A.20 RCW. Crimes defined by this chapter shall be punished as infractions, misdemeanors, gross misdemeanors, or felonies, based on the classification of crimes set out in chapters 7.84 and 9A.20 RCW.

             NEW SECTION. Sec. 8. ACTING FOR COMMERCIAL PURPOSES--VALUE OF FISH OR WILDLIFE--PROOF. (1) For purposes of this chapter, a person acts for commercial purposes if the person:

             (a) Acts with intent to sell, attempted to sell, sold, bartered, attempted to purchase, or purchased fish or wildlife;

             (b) Uses gear typical of that used in commercial fisheries;

             (c) Exceeds the bag or possession limits for personal use by taking or possessing more than three times the amount of fish or wildlife allowed;

             (d) Delivers or attempts to deliver fish or wildlife to a person who sells or resells fish or wildlife including any licensed or unlicensed wholesaler; or

             (e) Takes fish using a vessel designated on a commercial fishery license and gear not authorized in a personal use fishery.

             (2) For purposes of this chapter, the value of any fish or wildlife may be proved based on evidence of legal or illegal sales involving the person charged or any other person, of offers to sell or solicitation of offers to sell by the person charged or by any other person, or of any market price for the fish or wildlife including market price for farm-raised game animals. The value assigned to specific wildlife by RCW 77.21.070 may be presumed to be the value of such wildlife. It is not relevant to proof of value that the person charged misrepresented that the fish or wildlife was taken in compliance with law if the fish or wildlife was unlawfully taken and had no lawful market value.

             NEW SECTION. Sec. 9. UNLAWFUL HUNTING OF GAME BIRDS. (1) A person is guilty of unlawful hunting of game birds in the second degree if the person:

             (a) Hunts a game bird and the person does not have and possess all licenses, tags, stamps, and permits required under this title;

             (b) Recklessly destroys, takes, or harms the eggs or nests of a game bird except when authorized by permit; or

             (c) Violates any rule of the commission or director regarding seasons, bag or possession limits but less than two times the bag or possession limit, closed areas including game reserves, closed times, or other rule addressing the manner or method of hunting or possession of game birds.

             (2) A person is guilty of unlawful hunting of game birds in the first degree if the person hunts game birds and the person takes or possesses two times or more than the possession or bag limit for such game birds allowed by rule of the commission or director.

             (3)(a) Unlawful hunting of game birds in the second degree is a misdemeanor.

             (b) Unlawful hunting of game birds in the first degree is a gross misdemeanor.

             NEW SECTION. Sec. 10. UNLAWFUL HUNTING OF BIG GAME. (1) A person is guilty of unlawful hunting of big game in the second degree if the person:

             (a) Hunts big game and the person does not have and possess all licenses, tags, or permits required under this title; or

             (b) Violates any rule of the commission or director regarding seasons, bag or possession limits, closed areas including game reserves, closed times, or any other rule governing the hunting, taking, or possession of big game.

             (2) A person is guilty of unlawful hunting of big game in the first degree if the person was previously convicted of any crime under this title involving unlawful hunting, killing, possessing, or taking big game, and within five years of the date that the prior conviction was entered the person hunts for big game and:

             (a) The person does not have and possess all licenses, tags, or permits required under this title; or

             (b) The act was in violation of any rule of the commission or director regarding seasons, bag or possession limits, closed areas including game reserves, or closed times.

             (3)(a) Unlawful hunting of big game in the second degree is a gross misdemeanor.

             (b) Unlawful hunting of big game in the first degree is a class C felony. Upon conviction, the department shall revoke all licenses or tags involved in the crime and the department shall order the person's hunting privileges suspended for two years.

             NEW SECTION. Sec. 11. UNLAWFUL HUNTING OF GAME ANIMALS. (1) A person is guilty of unlawful hunting of game animals in the second degree if the person:

             (a) Hunts a game animal that is not classified as big game, and does not have and possess all licenses, tags, or permits required by this title; or

             (b) Violates any rule of the commission or director regarding seasons, bag or possession limits but less than two times the bag or possession limit, closed areas including game reserves, closed times, or other rule addressing the manner or method of hunting or possession of game animals not classified as big game.

             (2)(a) A person is guilty of unlawful hunting of game animals in the first degree if the person hunts a game animal that is not classified as big game; and

             (b) The person takes or possesses two times or more than the possession or bag limit for such game animals allowed by rule of the commission or director.

             (3)(a) Unlawful hunting of game animals in the second degree is a misdemeanor.

             (b) Unlawful hunting of game animals in the first degree is a gross misdemeanor.

             NEW SECTION. Sec. 12. WEAPONS, TRAPS, OR DOGS ON GAME RESERVES. (1) A person is guilty of unlawful use of weapons, traps, or dogs on game reserves if:

             (a) The person uses firearms, other hunting weapons, or traps on a game reserve; or

             (b) The person negligently allows a dog upon a game reserve.

             (2) This section does not apply to persons on a public highway or if the conduct is authorized by rule of the department.

             (3) This section does not apply to a person in possession of a handgun if the person in control of the handgun possesses a valid concealed pistol license and the handgun is concealed on the person.

             (4) Unlawful use of weapons, traps, or dogs on game reserves is a misdemeanor.

             NEW SECTION. Sec. 13. UNLAWFUL TAKING OF ENDANGERED FISH OR WILDLIFE. (1) A person is guilty of unlawful taking of endangered fish or wildlife in the second degree if the person hunts, fishes, possesses, harasses, or kills fish or wildlife or destroys the nests or eggs of fish or wildlife and the fish or wildlife is designated by the commission as endangered, and the taking has not been authorized by rule of the commission.

             (2) A person is guilty of unlawful taking of endangered fish or wildlife in the first degree if the person has been:

             (a) Convicted under subsection (1) of this section or convicted of any crime under this title involving the killing, possessing, harassing, or harming of endangered fish or wildlife; and

             (b) Within five years of the date of the prior conviction the person commits the act described by subsection (1) of this section.

             (3)(a) Unlawful taking of endangered fish or wildlife in the second degree is a gross misdemeanor.

             (b) Unlawful taking of endangered fish or wildlife in the first degree is a class C felony. The department shall revoke any licenses or tags used in connection with the crime and order the person's privileges to hunt, fish, trap, or obtain licenses under this title and Title 75 RCW to be suspended for two years.

             NEW SECTION. Sec. 14. UNLAWFUL TAKING OF PROTECTED FISH OR WILDLIFE. (1) A person is guilty of unlawful taking of protected fish or wildlife if:

             (a) The person hunts, fishes, possesses, or kills protected fish or wildlife, or the person possesses or destroys the eggs or nests of protected fish or wildlife, and the taking has not been authorized by rule of the commission; or

             (b) The person violates any rule of the commission regarding the taking, harming, harassment, possession, or transport of protected fish or wildlife.

             (2) Unlawful taking of protected fish or wildlife is a misdemeanor.

             NEW SECTION. Sec. 15. UNLAWFUL TAKING OF UNCLASSIFIED FISH OR WILDLIFE. (1) A person is guilty of unlawful taking of unclassified fish or wildlife if:

             (a) The person kills, hunts, fishes, takes, holds, possesses, transports, injures, or harms fish or wildlife that is not classified as big game, game fish, game animals, game birds, food fish, shellfish, protected wildlife, or endangered wildlife; and

             (b) The act violates any rule of the commission or the director.

             (2) Unlawful taking of unclassified fish or wildlife is a misdemeanor.

             NEW SECTION. Sec. 16. UNLAWFUL USE OF POISON OR EXPLOSIVES. (1) A person is guilty of unlawful use of poison or explosives if:

             (a) The person lays out, sets out, or uses a drug, poison, or other deleterious substance that kills, injures, harms, or endangers fish or wildlife, except if the person is using the substance in compliance with federal and state laws and label instructions; or

             (b) The person lays out, sets out, or uses an explosive that kills, injures, harms, or endangers fish or wildlife, except if authorized by law or permit of the director.

             (2) Unlawful use of poison or explosives is a gross misdemeanor.

             NEW SECTION. Sec. 17. INFRACTION VIOLATION OF RULES GOVERNING FISH AND WILDLIFE. A person is guilty of an infraction, which shall be cited and punished as provided under chapter 7.84 RCW, if the person:

             (1) Fails to immediately record a catch of fish or shellfish on a catch record card required by RCW 75.25.190 or 77.32.050, or required by rule of the commission under this title or Title 75 RCW; or

             (2) Fishes for personal use using barbed hooks in violation of any rule; or

             (3) Violates any other rule of the commission or director that is designated by rule as an infraction.

             NEW SECTION. Sec. 18. UNLAWFUL RECREATIONAL FISHING IN THE SECOND DEGREE. (1) A person is guilty of unlawful recreational fishing in the second degree if the person fishes for, takes, possesses, or harvests fish or shellfish and:

             (a) The person does not have and possess the license or the catch record card required by chapter 75.25 or 77.32 RCW for such activity; or

             (b) The action violates any rule of the commission or the director regarding seasons, bag or possession limits but less than two times the bag or possession limit, closed areas, closed times, or any other rule addressing the manner or method of fishing or possession of fish, except for use of a net to take fish as provided for in section 50 of this act.

             (2) Unlawful recreational fishing in the second degree is a misdemeanor.

             NEW SECTION. Sec. 19. UNLAWFUL RECREATIONAL FISHING IN THE FIRST DEGREE. (1) A person is guilty of unlawful recreational fishing in the first degree if:

             (a) The person takes, possesses, or retains two times or more than the bag limit or possession limit of fish or shellfish allowed by any rule of the director or commission setting the amount of food fish, game fish, or shellfish that can be taken, possessed, or retained for noncommercial use;

             (b) The person fishes in a fishway; or

             (c) The person shoots, gaffs, snags, snares, spears, dipnets, or stones fish in state waters, or possesses fish taken by such means, unless such means are authorized by express rule of the commission or director.

             (2) Unlawful recreational fishing in the first degree is a gross misdemeanor.

             NEW SECTION. Sec. 20. UNLAWFUL TAKING OF SEAWEED. (1) A person is guilty of unlawful taking of seaweed if the person takes, possesses, or harvests seaweed and:

             (a) The person does not have and possess the license required by chapter 75.25 RCW for taking seaweed; or

             (b) The action violates any rule of the department or the department of natural resources regarding seasons, possession limits, closed areas, closed times, or any other rule addressing the manner or method of taking, possessing, or harvesting of seaweed.

             (2) Unlawful taking of seaweed is a misdemeanor. This does not affect rights of the state to recover civilly for trespass, conversion, or theft of state-owned valuable materials.

             NEW SECTION. Sec. 21. WASTE OF FISH AND WILDLIFE. (1) A person is guilty of waste of fish and wildlife in the second degree if:

             (a) The person kills, takes, or possesses fish or wildlife and the value of the fish or wildlife is greater than twenty dollars but less than two hundred fifty dollars; and

             (b) The person recklessly allows such fish or wildlife to be wasted.

             (2) A person is guilty of waste of fish and wildlife in the first degree if:

             (a) The person kills, takes, or possesses food fish, shellfish, game fish, game birds, or game animals having a value of two hundred fifty dollars or more; and

             (b) The person recklessly allows such fish or wildlife to be wasted.

             (3)(a) Waste of fish and wildlife in the second degree is a misdemeanor.

             (b) Waste of fish and wildlife in the first degree is a gross misdemeanor. Upon conviction, the department shall revoke any license or tag used in the crime and shall order suspension of the person's privileges to engage in the activity in which the person committed waste of fish and wildlife in the first degree for a period of one year.

             (4) It is prima facie evidence of waste if a processor purchases or engages a quantity of food fish, shellfish, or game fish that cannot be processed within sixty hours after the food fish or shellfish are taken from the water, unless the food fish or shellfish are preserved in good marketable condition.

             NEW SECTION. Sec. 22. UNLAWFUL INTERFERENCE WITH FISHING OR HUNTING GEAR. (1) A person is guilty of unlawful interference with fishing or hunting gear in the second degree if the person:

             (a) Takes or releases a wild animal from another person's trap without permission;

             (b) Springs, pulls up, damages, possesses, or destroys another person's trap without the owner's permission; or

             (c) Interferes with recreational gear used to take fish or shellfish.

             (2) Unlawful interference with fishing or hunting gear in the second degree is a misdemeanor.

             (3) A person is guilty of unlawful interference with fishing or hunting gear in the first degree if the person:

             (a) Takes or releases food fish or shellfish from commercial fishing gear without the owner's permission; or

             (b) Intentionally destroys or interferes with commercial fishing gear.

             (4) Unlawful interference with fishing or hunting gear in the first degree is a gross misdemeanor.

             (5) A person is not in violation of unlawful interference with fishing or hunting gear if the person removes a trap placed on property owned, leased, or rented by the person.

             NEW SECTION. Sec. 23. FAILING TO IDENTIFY TRAPS FOR FURBEARING ANIMALS. (1) A person is guilty of failing to identify traps for furbearing animals if the person fails to attach to the person's traps or devices a legible metal tag with either the department identification number of the trapper or the name and address of the trapper in English letters not less than one-eighth inch in height.

             (2) Failing to identify traps for furbearing animals is a misdemeanor.

             NEW SECTION. Sec. 24. OBSTRUCTING THE TAKING OF FISH OR WILDLIFE. (1) A person is guilty of obstructing the taking of fish or wildlife if the person:

             (a) Harasses, drives, or disturbs fish or wildlife with the intent of disrupting lawful pursuit or taking thereof; or

             (b) Harasses, intimidates, or interferes with an individual engaged in the lawful taking of fish or wildlife or lawful predator control with the intent of disrupting lawful pursuit or taking thereof.

             (2) Obstructing the taking of fish or wildlife is a gross misdemeanor.

             (3) It is an affirmative defense to a prosecution for obstructing the taking of fish or wildlife that the person charged was:

             (a) Interfering with a person engaged in hunting outside the legally established hunting season; or

             (b) Preventing or attempting to prevent unauthorized trespass on private property.

             (4) The person raising a defense under subsection (3) of this section has the burden of proof by a preponderance of the evidence.

             NEW SECTION. Sec. 25. UNLAWFUL POSTING. (1)            A person is guilty of unlawful posting if the individual posts signs preventing hunting or fishing on any land not owned or leased by the individual, or without the permission of the person who owns, leases, or controls the land posted.

             (2) Unlawful posting is a misdemeanor.

             NEW SECTION. Sec. 26. UNLAWFUL USE OF DEPARTMENT LANDS OR FACILITIES. (1) A person is guilty of unlawful use of department lands or facilities if the person enters upon, uses, or remains upon department lands or facilities in violation of any rule of the department.

             (2) Unlawful use of department lands or facilities is a misdemeanor.

             NEW SECTION. Sec. 27. SPOTLIGHTING BIG GAME. (1) A person is guilty of spotlighting big game in the second degree if the person hunts big game with the aid of a spotlight or other artificial light while in possession or control of a firearm, bow and arrow, or cross bow.

             (2) A person is guilty of spotlighting big game in the first degree if:

             (a) The person has any prior conviction for gross misdemeanor or felony for a crime under this title involving big game including but not limited to subsection (1) of this section or section 10 of this act; and

             (b) Within ten years of the date that such prior conviction was entered the person commits the act described by subsection (1) of this section.

             (3)(a) Spotlighting big game in the second degree is a gross misdemeanor.

             (b) Spotlighting big game in the first degree is a class C felony. Upon conviction, the department shall order suspension of all privileges to hunt wildlife for a period of two years.

             NEW SECTION. Sec. 28. UNLAWFUL USE OR POSSESSION OF A LOADED FIREARM. (1) A person is guilty of unlawful possession of a loaded firearm in a motor vehicle if:

             (a) The person carries, transports, conveys, possesses, or controls a rifle or shotgun in a motor vehicle; and

             (b) The rifle or shotgun contains shells or cartridges in the chamber, or is a muzzle-loading firearm that is loaded and capped or primed.

             (2) A person is guilty of unlawful use of a loaded firearm if the person negligently shoots a firearm from, across, or along the maintained portion of a public highway.

             (3) Unlawful possession of a loaded firearm in a motor vehicle is a misdemeanor.

             (4) This section does not apply if the person:

             (a) Is a law enforcement officer who is authorized to carry a firearm and is on duty within the officer's respective jurisdiction;

             (b) Possesses a disabled hunter's permit as provided by RCW 77.32.237 and complies with all rules of the department concerning hunting by persons with disabilities.

             NEW SECTION. Sec. 29. UNLAWFULLY AVOIDING WILDLIFE CHECK STATIONS OR FIELD INSPECTIONS. (1) A person is guilty of unlawfully avoiding wildlife check stations or field inspections if the person fails to:

             (a) Obey check station signs;

             (b) Stop and report at a check station if directed to do so by a uniformed fish and wildlife officer; or

             (c) Produce for inspection upon request by a fish and wildlife officer: (i) Hunting or fishing equipment; (ii) seaweed, fish, shellfish, or wildlife; or (iii) licenses, permits, tags, stamps, or catch record cards required by this title or Title 75 RCW.

             (2) Unlawfully avoiding wildlife check stations or field inspections is a gross misdemeanor.

             (3) Wildlife check stations may not be established upon interstate highways or state routes.

             NEW SECTION. Sec. 30. UNLAWFUL USE OF DOGS--PUBLIC NUISANCE. (1) A person is guilty of unlawful use of dogs if the person:

             (a) Negligently fails to prevent a dog under the person's control from pursuing or injuring deer, elk, or an animal classified as endangered under this title;

             (b) Uses the dog to hunt deer or elk; or

             (c) During the closed season for a species of game animal or game bird, negligently fails to prevent the dog from pursuing such animal or destroying the nest of a game bird.

             (2) Unlawful use of dogs is a misdemeanor. A dog that is the basis for a violation of this section may be declared a public nuisance.

             NEW SECTION. Sec. 31. UNLAWFUL RELEASE OF FISH OR WILDLIFE. (1)(a) A person is guilty of unlawfully releasing, planting, or placing fish or wildlife if the person knowingly releases, plants, or places live fish, wildlife, or aquatic plants within the state, except for a release of game fish into private waters for which a game fish stocking permit has been obtained or the planting of food fish or shellfish by permit of the commission.

             (b) A violation of this subsection is a gross misdemeanor. In addition, the department shall order the person to pay all costs the department incurred in capturing, killing, or controlling the fish or wildlife released or its progeny. This does not affect the existing authority of the department to bring a separate civil action to recover costs of capturing, killing, controlling the fish or wildlife released or their progeny, or restoration of habitat necessitated by the unlawful release.

             (2)(a) A person is guilty of unlawful release of deleterious exotic wildlife if the person knowingly releases, plants, or places live fish or wildlife within the state and such fish or wildlife has been classified as deleterious exotic wildlife by rule of the commission.

             (b) A violation of this subsection is a class C felony. In addition, the department shall also order the person to pay all costs the department incurred in capturing, killing, or controlling the fish or wildlife released or its progeny. This does not affect the existing authority of the department to bring a separate civil action to recover costs of capturing, killing, controlling the fish or wildlife released or their progeny, or restoration of habitat necessitated by the unlawful release.

             NEW SECTION. Sec. 32. ENGAGING IN COMMERCIAL WILDLIFE ACTIVITY WITHOUT A LICENSE. (1) A person is guilty of engaging in commercial wildlife activity without a license if the person:

             (a) Deals in raw furs for commercial purposes and does not hold a fur dealer license required by chapter 77.32 RCW;

             (b) Practices taxidermy for profit and does not hold a taxidermy license required by chapter 77.32 RCW; or

             (c) Operates a game farm without a license required by chapter 77.32 RCW.

             (2) Engaging in commercial wildlife activities without a license is a gross misdemeanor.

             NEW SECTION. Sec. 33. UNLAWFUL USE OF A COMMERCIAL WILDLIFE LICENSE. (1) A person who holds a fur buyer's license or taxidermy license is guilty of unlawful use of a commercial wildlife license if the person:

             (a) Fails to have the license in possession while engaged in fur buying or practicing taxidermy for commercial purposes; or

             (b) Violates any rule of the department regarding the use, possession, display, or presentation of the taxidermy or fur buyer's license.

             (2) Unlawful use of a commercial wildlife license is a misdemeanor.

             NEW SECTION. Sec. 34. UNLAWFUL TRAPPING. (1) A person is guilty of unlawful trapping if the person:

             (a) Sets out traps that are capable of taking wild animals, game animals, or furbearing mammals and does not possess all licenses, tags, or permits required under this title; or

             (b) Violates any rule of the commission or director regarding seasons, bag or possession limits, closed areas including game reserves, closed times, or any other rule governing the trapping of wild animals.

             (2) Unlawful trapping is a misdemeanor.

             NEW SECTION. Sec. 35. COMMERCIAL FISHING WITHOUT A LICENSE. (1) A person is guilty of commercial fishing without a license in the second degree if the person fishes for, takes, or delivers food fish, shellfish, or game fish while acting for commercial purposes and:

             (a) The person does not hold a fishery license or delivery license under chapter 75.28 RCW for the food fish or shellfish; or

             (b) The person is not a licensed operator designated as an alternate operator on a fishery or delivery license under chapter 75.28 RCW for the food fish or shellfish.

             (2) A person is guilty of commercial fishing without a license in the first degree if the person commits the act described by subsection (1) of this section and:

             (a) The violation involves taking, delivery, or possession of food fish or shellfish with a value of two hundred fifty dollars or more; or

             (b) The violation involves taking, delivery, or possession of food fish or shellfish from an area that was closed to the taking of such food fish or shellfish by any statute or rule.

             (3)(a) Commercial fishing without a license in the second degree is a gross misdemeanor.

             (b) Commercial fishing without a license in the first degree is a class C felony.

             NEW SECTION. Sec. 36. COMMERCIAL FISH GUIDING OR CHARTERING WITHOUT A LICENSE. (1) A person is guilty of commercial fish guiding or chartering without a license if:

             (a) The person operates a charter boat and does not hold the charter boat license required for the food fish taken;

             (b) The person acts as a professional salmon guide and does not hold a professional salmon guide license; or

             (c) The person acts as a game fish guide and does not hold a professional game fish guide license.

             (2) Commercial fish guiding or chartering without a license is a gross misdemeanor.

             NEW SECTION. Sec. 37. COMMERCIAL FISHING USING UNLAWFUL GEAR OR METHODS. (1) A person is guilty of commercial fishing using unlawful gear or methods if the person acts for commercial purposes and takes or fishes for any fish or shellfish using any gear or method in violation of a rule of the department specifying, regulating, or limiting the gear or method for taking, fishing, or harvesting of such fish or shellfish.

             (2) Commercial fishing using unlawful gear or methods is a gross misdemeanor.

             NEW SECTION. Sec. 38. UNLAWFUL USE OF A NONDESIGNATED VESSEL. (1) A person who holds a fishery license required by chapter 75.28 RCW, or who holds an operator's license and is designated as an alternate operator on a fishery license required by chapter 75.28 RCW, is guilty of unlawful use of a nondesignated vessel if the person takes, fishes for, or delivers from that fishery using a vessel not designated on the person's license, when vessel designation is required by chapter 75.28 RCW.

             (2) Unlawful use of a nondesignated vessel is a gross misdemeanor.

             (3) A nondesignated vessel may be used, subject to appropriate notification to the department and in accordance with rules established by the commission, when a designated vessel is inoperative because of accidental damage or mechanical breakdown.

             (4) If the person commits the act described by subsection (1) of this section and the vessel designated on the person's fishery license was used by any person in the fishery on the same day, then the violation for using a nondesignated vessel is a class C felony. Upon conviction the department shall order revocation and suspension of all commercial fishing privileges under chapter 75.28 RCW for a period of one year.

             NEW SECTION. Sec. 39. UNLAWFUL USE OF A COMMERCIAL FISHERY LICENSE. (1) A person who holds a fishery license required by chapter 75.28 RCW, or who holds an operator's license and is designated as an alternate operator on a fishery license required by chapter 75.28 RCW, is guilty of unlawful use of a commercial fishery license if the person:

             (a) Does not have the commercial fishery license or operator's license in possession during fishing or delivery; or

             (b) Violates any rule of the department regarding the use, possession, display, or presentation of the person's license, decals, or vessel numbers.

             (2) Unlawful use of a commercial fishery license is a misdemeanor.

             NEW SECTION. Sec. 40. VIOLATION OF COMMERCIAL FISHING AREA OR TIME. (1) A person is guilty of violating commercial fishing area or time in the second degree if the person acts for commercial purposes and takes, fishes for, delivers, or receives food fish or shellfish:

             (a) At a time not authorized by statute or rule; or

             (b) From an area that was closed to the taking of such food fish or shellfish for commercial purposes by statute or rule.

             (2) A person is guilty of violating commercial fishing area or time in the first degree if the person commits the act described by subsection (1) of this section and:

             (a) The person acted with knowledge that the area or time was not open to the taking or fishing of food fish or shellfish for commercial purposes; and

             (b) The violation involved two hundred fifty dollars or more worth of food fish or shellfish.

             (3)(a) Violating commercial fishing area or time in the second degree is a gross misdemeanor.

             (b) Violating commercial fishing area or time in the first degree is a class C felony.

             NEW SECTION. Sec. 41. FAILURE TO REPORT COMMERCIAL FISH HARVEST OR DELIVERY. (1) Except as provided in section 45 of this act, a person is guilty of failing to report a commercial fish or shellfish harvest or delivery if the person acts for commercial purposes and takes or delivers any fish or shellfish, and the person:

             (a) Fails to sign a fish-receiving ticket that documents the delivery of fish or shellfish or otherwise documents the taking or delivery; or

             (b) Fails to report or document the taking, landing, or delivery as required by any rule of the department.

             (2) Failing to report a commercial fish harvest or delivery is a gross misdemeanor.

             (3) For purposes of this section, "delivery" of fish or shellfish occurs when there is a transfer or conveyance of title or control from the person who took, fished for, or otherwise harvested the fish or shellfish.

             NEW SECTION. Sec. 42. UNLAWFUL TRAFFICKING IN FISH OR WILDLIFE. (1) A person is guilty of unlawful trafficking in fish or wildlife in the second degree if the person traffics in fish or wildlife with a wholesale value of less than two hundred fifty dollars and:

             (a) The fish or wildlife is classified as game, food fish, shellfish, game fish, or protected wildlife and the trafficking is not authorized by statute or rule of the department; or

              (b) The fish or wildlife is unclassified and the trafficking violates any rule of the department.

             (2) A person is guilty of unlawful trafficking in fish or wildlife in the first degree if the person commits the act described by subsection (1) of this section and:

             (a) The fish or wildlife has a value of two hundred fifty dollars or more; or

             (b) The fish or wildlife is designated as endangered or deleterious exotic wildlife and such trafficking is not authorized by any statute or rule of the department.

             (3)(a) Unlawful trafficking in fish or wildlife in the second degree is a gross misdemeanor.

             (b) Unlawful trafficking in fish or wildlife in the first degree is a class C felony.

             NEW SECTION. Sec. 43. ENGAGING IN FISH DEALING ACTIVITY WITHOUT A LICENSE. (1) A person is guilty of engaging in fish dealing activity without a license in the second degree if the person:

             (a) Engages in the commercial processing of fish or shellfish, including custom canning or processing of personal use fish or shellfish and does not hold a wholesale dealer's license required by RCW 75.28.300(1) or 77.32.211 for anadromous game fish;

             (b) Engages in the wholesale selling, buying, or brokering of food fish or shellfish and does not hold a wholesale dealer's or buying license required by RCW 75.28.300(2) or 77.32.211 for anadromous game fish;

             (c) Is a fisher who lands and sells his or her catch or harvest in the state to anyone other than a licensed wholesale dealer within or outside the state and does not hold a wholesale dealer's license required by RCW 75.28.300(3) or 77.32.211 for anadromous game fish; or

             (d) Engages in the commercial manufacture or preparation of fertilizer, oil, meal, caviar, fish bait, or other byproducts from food fish or shellfish and does not hold a wholesale dealer's license required by RCW 75.28.300(4) or 77.32.211 for anadromous game fish.

             (2) Engaging in fish dealing activity without a license in the second degree is a gross misdemeanor.

             (3) A person is guilty of engaging in fish dealing activity without a license in the first degree if the person commits the act described by subsection (1) of this section and the violation involves fish or shellfish worth two hundred fifty dollars or more. Engaging in fish dealing activity without a license in the first degree is a class C felony.

             NEW SECTION. Sec. 44. UNLAWFUL USE OF FISH BUYING AND DEALING LICENSES. (1) A person who holds a fish dealer's license required by RCW 75.28.300, an anadromous game fish buyer's license required by RCW 77.32.211, or a fish buyer's license required by RCW 75.28.340 is guilty of unlawful use of fish buying and dealing licenses in the second degree if the person:

             (a) Possesses or receives fish or shellfish for commercial purposes worth less than two hundred fifty dollars; and

             (b) Fails to document such fish or shellfish with a fish-receiving ticket required by statute or rule of the department.

             (2) A person is guilty of unlawful use of fish buying and dealing licenses in the first degree if the person commits the act described by subsection (1) of this section and:

             (a) The violation involves fish or shellfish worth two hundred fifty dollars or more;

             (b) The person acted with knowledge that the fish or shellfish were taken from a closed area, at a closed time, or by a person not licensed to take such fish or shellfish for commercial purposes; or

             (c) The person acted with knowledge that the fish or shellfish were taken in violation of any tribal law.

             (3)(a) Unlawful use of fish buying and dealing licenses in the second degree is a gross misdemeanor.

             (b) Unlawful use of fish buying and dealing licenses in the first degree is a class C felony. Upon conviction, the department shall suspend all privileges to engage in fish buying or dealing for two years.

             NEW SECTION. Sec. 45. VIOLATING RULES GOVERNING WHOLESALE FISH BUYING AND DEALING. (1) A person who holds a wholesale fish dealer's license required by RCW 75.28.300, an anadromous game fish buyer's license required by RCW 77.32.211, or a fish buyer's license required by RCW 75.28.340 is guilty of violating rules governing wholesale fish buying and dealing if the person:

             (a) Fails to possess or display his or her license when engaged in any act requiring the license;

             (b) Fails to display or uses the license in violation of any rule of the department;

             (c) Files a signed fish-receiving ticket but fails to provide all information required by rule of the department; or

             (d) Violates any other rule of the department regarding wholesale fish buying and dealing.

             (2) Violating rules governing wholesale fish buying and dealing is a gross misdemeanor.

             NEW SECTION. Sec. 46. PROVIDING FALSE INFORMATION REGARDING FISH OR WILDLIFE. (1) A person is guilty of providing false information regarding fish or wildlife if the person knowingly provides false or misleading information required by any statute or rule to be provided to the department regarding the taking, delivery, possession, transportation, sale, transfer, or any other use of fish or wildlife.

             (2) Providing false information regarding fish or wildlife is a gross misdemeanor.

             NEW SECTION. Sec. 47. VIOLATING RULES REQUIRING REPORTING OF FISH OR WILDLIFE HARVEST. (1) A person is guilty of violating rules requiring reporting of fish or wildlife harvest if the person:

             (a) Fails to make a harvest log report of a commercial fish or shellfish catch in violation of any rule of the commission or the director;

             (b) Fails to maintain a trapper's report or taxidermist ledger in violation of any rule of the commission or the director;

             (c) Fails to submit any portion of a big game animal for a required inspection required by rule of the commission or the director; or

             (d) Fails to return a catch record card or wildlife harvest report to the department as required by rule of the commission or director.

             (2) Violating rules requiring reporting of fish or wildlife harvest is a misdemeanor.

             NEW SECTION. Sec. 48. UNLAWFUL TRANSPORTATION OF FISH OR WILDLIFE. (1) A person is guilty of unlawful transportation of fish or wildlife in the second degree if the person:

             (a) Knowingly imports, moves within the state, or exports fish or wildlife in violation of any rule of the commission or the director governing the transportation or movement of fish or wildlife and the transportation does not involve big game, endangered fish or wildlife, deleterious exotic wildlife, or fish or wildlife having a value greater than two hundred fifty dollars; or

             (b) Possesses but fails to affix or notch a big game transport tag as required by rule of the commission or director.

             (2) A person is guilty of unlawful transportation of fish or wildlife in the first degree if the person:

             (a) Knowingly imports, moves within the state, or exports fish or wildlife in violation of any rule of the commission or the director governing the transportation or movement of fish or wildlife and the transportation involves big game, endangered fish or wildlife, deleterious exotic wildlife, or fish or wildlife with a value of two hundred fifty dollars or more; or

             (b) Knowingly transports shellfish, shellstock, or equipment used in commercial culturing, taking, handling, or processing shellfish without a permit required by authority of this title.

             (3)(a) Unlawful transportation of fish or wildlife in the second degree is a misdemeanor.

             (b) Unlawful transportation of fish or wildlife in the first degree is a gross misdemeanor.

             Sec. 49. RCW 75.12.320 and 1983 1st ex.s. c 46 s 63 are each amended to read as follows:

             (1) Except as provided in subsection (((2))) (3) of this section, it is unlawful for a person who is not a treaty Indian fisherman to participate in the taking of ((food)) fish or shellfish in a treaty Indian fishery, or to be on board a vessel, or associated equipment, operating in a treaty Indian fishery. A violation of this subsection is a gross misdemeanor.

             (2) A person who violates subsection (1) of this section with the intent of acting for commercial purposes, including any sale of catch, control of catch, profit from catch, or payment for fishing assistance, is guilty of a class C felony. Upon conviction, the department shall order revocation of any license and a one-year suspension of all commercial fishing privileges requiring a license under chapter 75.28 or 75.30 RCW.

             (3)(a) The spouse, forebears, siblings, children, and grandchildren of a treaty Indian fisherman may assist the fisherman in exercising treaty Indian fishing rights when the treaty Indian fisherman is present at the fishing site.

             (b) Other treaty Indian fishermen with off-reservation treaty fishing rights in the same usual and accustomed places, whether or not the fishermen are members of the same tribe or another treaty tribe, may assist a treaty Indian fisherman in exercising treaty Indian fishing rights when the treaty Indian fisherman is present at the fishing site.

             (c) Biologists approved by the department may be on board a vessel operating in a treaty Indian fishery.

             (((3))) (4) For the purposes of this section:

             (a) "Treaty Indian fisherman" means a person who may exercise treaty Indian fishing rights as determined under United States v. Washington, 384 F. Supp. 312 (W.D. Wash. 1974), or Sohappy v. Smith, 302 F. Supp. 899 (D. Oregon 1969), and post-trial orders of those courts;

             (b) "Treaty Indian fishery" means a fishery open to only treaty Indian fishermen by tribal or federal regulation;

             (c) "To participate" and its derivatives mean an effort to operate a vessel or fishing equipment, provide immediate supervision in the operation of a vessel or fishing equipment, or otherwise assist in the fishing operation, ((or)) to claim possession of a share of the catch, or to represent that the catch was lawfully taken in an Indian fishery.

             (((4))) (5) A violation of this section ((involving salmon)) constitutes illegal fishing and is subject to the ((sanctions provided under RCW 75.10.130)) suspensions provided for commercial fishing violations.

             NEW SECTION. Sec. 50. UNLAWFUL USE OF NETS TO TAKE FISH. (1) A person is guilty of unlawful use of a net to take fish in the second degree if the person:

             (a) Lays, sets, uses, or controls a net or other device or equipment capable of taking fish from the waters of this state, except if the person has a valid license for such fishing gear from the director under this title and is acting in accordance with all rules of the commission and director; or

             (b) Fails to return unauthorized fish to the water immediately while otherwise lawfully operating a net under a valid license.

             (2) A person is guilty of unlawful use of a net to take fish in the first degree if the person:

             (a) Commits the act described by subsection (1) of this section; and

             (b) The violation occurs within five years of entry of a prior conviction for a gross misdemeanor or felony under this title or Title 75 RCW involving fish, other than a recreational fishing violation, or involving unlawful use of nets.

             (3)(a) Unlawful use of a net to take fish in the second degree is a gross misdemeanor. Upon conviction, the department shall revoke any license held under this title or Title 75 RCW allowing commercial net fishing used in connection with the crime.

             (b) Unlawful use of a net to take fish in the first degree is a class C felony. Upon conviction, the department shall order a one-year suspension of all commercial fishing privileges requiring a license under this title or Title 75 RCW.

             (4) Notwithstanding subsections (1) and (2) of this section, it is lawful to use a landing net to land fish otherwise legally hooked.

             NEW SECTION. Sec. 51. UNLAWFUL USE OF COMMERCIAL FISHING VESSEL FOR RECREATIONAL OR CHARTER FISHING. (1) A person is guilty of unlawful use of a commercial fishing vessel, except as may be authorized by rule of the commission, for recreational or charter fishing if the person uses, operates, or controls a vessel on the same day for both:

             (a) Charter or recreational fishing; and

             (b) Commercial fishing or shellfish harvesting.

             (2) Unlawful use of a commercial fishing vessel for recreational or charter fishing is a gross misdemeanor.

             NEW SECTION. Sec. 52. UNLAWFUL HYDRAULIC PROJECT ACTIVITIES. (1) A person is guilty of unlawfully undertaking hydraulic project activities if the person constructs any form of hydraulic project or performs other work on a hydraulic project and:

             (a) Fails to have a hydraulic project approval required under chapter 75.20 RCW for such construction or work; or

             (b) Violates any requirements or conditions of the hydraulic project approval for such construction or work.

             (2) Unlawfully undertaking hydraulic project activities is a gross misdemeanor.

             NEW SECTION. Sec. 53. UNLAWFUL FAILURE TO USE OR MAINTAIN APPROVED FISH GUARD ON WATER DIVERSION DEVICE. (1) A person is guilty of unlawful failure to use or maintain an approved fish guard on a diversion device if the person owns, controls, or operates a device used for diverting or conducting water from a lake, river, or stream and:

             (a) The device is not equipped with a fish guard, screen, or bypass approved by the director as required by RCW 75.20.040 or 77.16.220; or

             (b) The person knowingly fails to maintain or operate an approved fish guard, screen, or bypass so as to effectively screen or prevent fish from entering the intake.

             (2) Unlawful failure to use or maintain an approved fish guard, screen, or bypass on a diversion device is a gross misdemeanor. Following written notification to the person from the department that there is a violation, each day that a diversion device is operated without an approved or maintained fish guard, screen, or bypass is a separate offense.

             NEW SECTION. Sec. 54. UNLAWFUL FAILURE TO PROVIDE, MAINTAIN, OR OPERATE FISHWAY FOR DAM OR OTHER OBSTRUCTION. (1) A person is guilty of unlawful failure to provide, maintain, or operate a fishway for dam or other obstruction if the person owns, operates, or controls a dam or other obstruction to fish passage on a river or stream and:

             (a) The dam or obstruction is not provided with a durable and efficient fishway approved by the director as required by RCW 75.20.060;

             (b) Fails to maintain a fishway in efficient operating condition; or

             (c) Fails to continuously supply a fishway with a sufficient supply of water to allow the free passage of fish.

             (2) Unlawful failure to provide, maintain, or operate a fishway for dam or other obstruction is a gross misdemeanor. Following written notification to the person from the department that there is a violation, each day of unlawful failure to provide, maintain, or operate a fishway is a separate offense.

             NEW SECTION. Sec. 55. UNLAWFUL USE OF SCIENTIFIC PERMIT. (1) A person is guilty of unlawful use of a scientific permit if the person:

             (a) Violates any terms or conditions of a scientific permit issued by the director;

             (b) Buys or sells fish or wildlife taken with a scientific permit; or

             (c) Violates any rule of the commission or the director applicable to the issuance or use of scientific permits.

             (2) Unlawful use of a scientific permit is a gross misdemeanor.

             NEW SECTION. Sec. 56. UNLAWFUL HUNTING OR FISHING CONTESTS. (1) A person is guilty of unlawfully holding a hunting or fishing contest if the person:

             (a) Conducts, holds, or sponsors a hunting contest, a fishing contest involving game fish, or a competitive field trial using live wildlife without the permit required by RCW 77.32.211; or

             (b) Violates any rule of the commission or the director applicable to a hunting contest, fishing contest involving game fish, or a competitive field trial using live wildlife.

             (2) Unlawfully holding a hunting or fishing contest is a misdemeanor.

             NEW SECTION. Sec. 57. UNLAWFUL OPERATION OF A GAME FARM. (1) A person is guilty of unlawful operation of a game farm if the person (a) operates a game farm without the license required by RCW 77.32.211; or (b) violates any rule of the commission or the director applicable to game farms under RCW 77.12.570, 77.12.580, and 77.12.590.

             (2) Unlawful operation of a game farm is a gross misdemeanor.

             NEW SECTION. Sec. 58. VIOLATION OF A RULE REGARDING INSPECTION AND CONTROL OF AQUATIC FARMS. (1) A person is guilty of violating a rule regarding inspection and disease control of aquatic farms if the person:

             (a) Violates any rule adopted under chapter 75.58 RCW regarding the inspection and disease control program for an aquatic farm; or

             (b) Fails to register or report production from an aquatic farm as required by chapter 75.58 RCW.

             (2) A violation of a rule regarding inspection and disease control of aquatic farms is a misdemeanor.

             NEW SECTION. Sec. 59. UNLAWFUL PURCHASE OR USE OF A LICENSE. (1) A person is guilty of unlawful purchase or use of a license in the second degree if the person buys, holds, uses, displays, transfers, or obtains any license, tag, permit, or approval required by this title or Title 75 RCW and the person:

             (a) Uses false information to buy, hold, use, display, or obtain a license, permit, tag, or approval;

             (b) Acquires, holds, or buys in excess of one license, permit, or tag for a license year if only one license, permit, or tag is allowed per license year;

             (c) Uses or displays a license, permit, tag, or approval that was issued to another person;

             (d) Permits or allows a license, permit, tag, or approval to be used or displayed by another person not named on the license, permit, tag, or approval;

             (e) Acquires or holds a license while privileges for the license are revoked or suspended.

             (2) A person is guilty of unlawful purchase or use of a license in the first degree if the person commits the act described by subsection (1) of this section and the person was acting with intent that the license, permit, tag, or approval be used for any commercial purpose. A person is presumed to be acting with such intent if the violation involved obtaining, holding, displaying, or using a license or permit for participation in any commercial fishery issued under this title or Title 75 RCW or a license authorizing fish or wildlife buying, trafficking, or wholesaling.

             (3)(a) Unlawful purchase or use of a license in the second degree is a gross misdemeanor. Upon conviction, the department shall revoke any unlawfully used or held licenses and order a two-year suspension of participation in the activities for which the person unlawfully obtained, held, or used a license.

             (b) Unlawful purchase or use of a license in the first degree is a class C felony. Upon conviction, the department shall revoke any unlawfully used or held licenses and order a five-year suspension of participation in any activities for which the person unlawfully obtained, held, or used a license.

             (4) For purposes of this section, a person "uses" a license, permit, tag, or approval if the person engages in any activity authorized by the license, permit, tag, or approval held or possessed by the person. Such uses include but are not limited to fishing, hunting, taking, trapping, delivery or landing fish or wildlife, and selling, buying, or wholesaling of fish or wildlife.

             (5) Any license obtained in violation of this section is void upon issuance and is of no legal effect.

             NEW SECTION. Sec. 60. UNLAWFUL HUNTING OR FISHING WHEN PRIVILEGES ARE REVOKED OR SUSPENDED. (1) A person is guilty of unlawful hunting or fishing when privileges are revoked or suspended in the second degree if the person hunts or fishes and the person's privilege to engage in such hunting or fishing were revoked or suspended by any court or the department.

             (2) A person is guilty of unlawful hunting or fishing when privileges are revoked or suspended in the first degree if the person commits the act described by subsection (1) of this section and:

             (a) The suspension of privileges that was violated was a permanent suspension;

             (b) The person takes or possesses more than two hundred fifty dollars' worth of unlawfully taken food fish, wildlife, game fish, seaweed, or shellfish; or

             (c) The violation involves the hunting, taking, or possession of fish or wildlife classified as endangered or threatened or big game.

             (3)(a) Unlawful hunting or fishing when privileges are revoked or suspended in the second degree is a gross misdemeanor. Upon conviction, the department shall order permanent suspension of the person's privileges to engage in such hunting or fishing activities.

             (b) Unlawful hunting or fishing when privileges are revoked or suspended in the first degree is a class C felony. Upon conviction, the department shall order permanent suspension of all privileges to hunt, fish, trap, or take wildlife, food fish, or shellfish.

             (4) As used in this section, hunting includes trapping with a trapping license.

             NEW SECTION. Sec. 61. UNLAWFUL INTERFERING IN DEPARTMENT OPERATIONS. (1) A person is guilty of unlawful interfering in department operations if the person prevents department employees from carrying out duties authorized by this title or Title 75 RCW, including but not limited to interfering in the operation of department vehicles, vessels, or aircraft.

             (2) Unlawful interfering in department operations is a gross misdemeanor.

             NEW SECTION. Sec. 62. CRIMINAL WILDLIFE PENALTY ASSESSMENT FOR ILLEGALLY TAKEN OR POSSESSED WILDLIFE. (1) If a person is convicted of violating section 10 of this act and that violation results in the death of wildlife listed in this section, the court shall require payment of the following amounts for each animal killed or possessed. This shall be a criminal wildlife penalty assessment that shall be paid to the clerk of the court and distributed each month to the state treasurer for deposit in the public safety and education account.

(a) Moose, mountain sheep, mountain goat, and all wildlife species classified as endangered by rule of the commission, except for mountain caribou and grizzly bear as listed under (d) of this subsection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,000

(b) Elk, deer, black bear, and cougar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,000

(c) Trophy animal elk and deer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,000

(d) Mountain caribou, grizzly bear, and trophy animal mountain sheep. . . . . . . . . . . . . . . . . . . . . . . .$12,000

             (2) No forfeiture of bail may be less than the amount of the bail established for hunting during closed season plus the amount of the criminal wildlife penalty assessment in subsection (1) of this section.

             (3) For the purpose of this section a "trophy animal" is:

             (a) A buck deer with four or more antler points on both sides, not including eyeguards;

             (b) A bull elk with five or more antler points on both sides, not including eyeguards; or

             (c) A mountain sheep with a horn curl of three-quarter curl or greater.

             For purposes of this subsection, "eyeguard" means an antler protrusion on the main beam of the antler closest to the eye of the animal.

             (4) If two or more persons are convicted of illegally possessing wildlife in subsection (1) of this section, the criminal wildlife penalty assessment shall be imposed on them jointly and separately.

             (5) The criminal wildlife penalty assessment shall be imposed regardless of and in addition to any sentence, fines, or costs otherwise provided for violating any provision of this title. The criminal wildlife penalty assessment shall be included by the court in any pronouncement of sentence and may not be suspended, waived, modified, or deferred in any respect. This section may not be construed to abridge or alter alternative rights of action or remedies in equity or under common law or statutory law, criminal or civil.

             (6) A defaulted criminal wildlife penalty assessment may be collected by any means authorized by law for the enforcement of orders of the court or collection of a fine or costs, including but not limited to vacation of a deferral of sentencing or vacation of a suspension of sentence.

             (7) A person assessed a criminal wildlife penalty assessment under this section shall have his or her hunting license revoked and all hunting privileges suspended until the penalty assessment is paid through the registry of the court in which the penalty assessment was assessed.

             NEW SECTION. Sec. 63. DISPOSITION OF FORFEITED WILDLIFE AND ARTICLES. (1) Unless otherwise provided in this title or Title 75 RCW, fish, shellfish, or wildlife unlawfully taken or possessed, or involved in a violation shall be forfeited to the state upon conviction. Unless already held by, sold, destroyed, or disposed of by the department, the court shall order such fish or wildlife to be delivered to the department. Where delay will cause loss to the value of the property and a ready wholesale buying market exists, the department may sell property to a wholesale buyer at a fair market value.

             (2) The department may use, sell, or destroy any other property forfeited by the court or the department. Any sale of other property shall be at public auction or after public advertisement reasonably designed to obtain the highest price. The time, place, and manner of holding the sale shall be determined by the director. The director may contract for the sale to be through the department of general administration as state surplus property, or, except where not justifiable by the value of the property, the director shall publish notice of the sale once a week for at least two consecutive weeks before the sale in at least one newspaper of general circulation in the county in which the sale is to be held. Proceeds of the sale shall be deposited in the state treasury to be credited to the state wildlife fund.

             NEW SECTION. Sec. 64. DEPARTMENT AUTHORITY TO REVOKE LICENSES. (1) Upon any conviction of any violation of this chapter, the department may revoke any license, tag, or stamp, or other permit involved in the violation or held by the person convicted, in addition to other penalties provided by law.

             (2) If the department orders that a license, tag, stamp, or other permit be revoked, that order is effective upon entry of the order and any such revoked license, tag, stamp, or other permit is void as a result of such order of revocation. The department shall order such license, tag, stamp, or other permit turned over to the department, and shall order the person not to acquire a replacement or duplicate for the remainder of the period for which the revoked license, tag, stamp, or other permit would have been valid. During this period when a license is revoked, the person is subject to punishment under this chapter. If the person appeals the sentence by the court, the revocation shall be effective during the appeal.

             (3) If an existing license, tag, stamp, or other permit is voided and revoked under this chapter, the department and its agents shall not be required to refund or restore any fees, costs, or money paid for the license, nor shall any person have any right to bring a collateral appeal under chapter 34.05 RCW to attack the department order.

             NEW SECTION. Sec. 65. DEPARTMENT AUTHORITY TO SUSPEND PRIVILEGES--FORM AND PROCEDURE. (1) If any crime in this chapter is punishable by a suspension of privileges, then the department shall issue an order that specifies the privileges suspended and period when such suspension shall begin and end. The department has no authority to issue licenses, permits, tags, or stamps for the suspended activity until the suspension ends and any license, tag, stamp, or other permission obtained in violation of an order of suspension is void and ineffective.

             (2) A court sentence may include a suspension of privileges only if grounds are provided by statute. There is no right to seek reinstatement of privileges from the department during a period of court-ordered suspension.

             (3) If this chapter makes revocation or suspension of privileges mandatory, then the department shall impose the punishment in addition to any other punishments authorized by law.

             NEW SECTION. Sec. 66. GROUNDS FOR DEPARTMENT REVOCATION AND SUSPENSION OF PRIVILEGES. The department shall impose revocation and suspension of privileges upon conviction in the following circumstances:

             (1) If directed by statute for an offense;

             (2) If the department finds that actions of the defendant demonstrated a willful or wanton disregard for conservation of fish or wildlife. Such suspension of privileges may be permanent;

             (3) If a person is convicted twice within ten years for a violation involving unlawful hunting, killing, or possessing big game, the department shall order revocation and suspension of all hunting privileges for two years. RCW 77.16.020 or 77.16.050 as it existed before the effective date of this section may comprise one of the convictions constituting the basis for revocation and suspension under this subsection;

             (4) If a person is convicted three times in ten years of any violation of recreational hunting or fishing laws or rules, the department shall order a revocation and suspension of all recreational hunting and fishing privileges for two years;

             (5) If a person is convicted twice within five years of a gross misdemeanor or felony involving unlawful commercial fish or shellfish harvesting, buying, or selling, the department shall impose a revocation and suspension of the person's commercial fishing privileges for one year. A commercial fishery license suspended under this subsection may not be used by an alternate operator or transferred during the period of suspension.

             Sec. 67. RCW 77.16.135 and 1995 1st sp.s. c 2 s 43 are each amended to read as follows:

             (1) The commission shall revoke all licenses and order a ten-year suspension of all privileges extended under ((Title 77 RCW)) the authority of the department of a person convicted of assault on a ((state wildlife agent)) fish and wildlife officer or other law enforcement officer provided that:

             (a) The ((wildlife agent)) fish and wildlife officer or other law enforcement officer was on duty at the time of the assault; and

             (b) The ((wildlife agent)) fish and wildlife officer or other law enforcement officer was enforcing the provisions of this title ((77 RCW)).

             (2) For the purposes of this section, the definition of assault includes:

             (a) RCW 9A.32.030; murder in the first degree;

             (b) RCW 9A.32.050; murder in the second degree;

             (c) RCW 9A.32.060; manslaughter in the first degree;

             (d) RCW 9A.32.070; manslaughter in the second degree;

             (e) RCW 9A.36.011; assault in the first degree;

             (f) RCW 9A.36.021; assault in the second degree; and

             (g) RCW 9A.36.031; assault in the third degree.

             (((3) For the purposes of this section, a conviction includes:

             (a) A determination of guilt by the court;

             (b) The entering of a guilty plea to the charge or charges by the accused;

             (c) A forfeiture of bail or a vacation of bail posted to the court; or

             (d) The imposition of a deferred or suspended sentence by the court.

             (4) No license described under Title 77 RCW shall be reissued to a person violating this section for a minimum of ten years, at which time a person may petition the director for a reinstatement of his or her license or licenses. The ten-year period shall be tolled during any time the convicted person is incarcerated in any state or local correctional or penal institution, in community supervision, or home detention for an offense under this section. Upon review by the director, and if all provisions of the court that imposed sentencing have been completed, the director may reinstate in whole or in part the licenses and privileges under Title 77 RCW.))

             NEW SECTION. Sec. 68. DIRECTOR'S AUTHORITY TO SUSPEND PRIVILEGES. (1) If a person shoots another person or domestic livestock while hunting, the director shall suspend all hunting privileges for three years. If the shooting of another person or livestock is the result of criminal negligence or reckless or intentional conduct, then the person's privileges shall be suspended for ten years. The suspension may be continued beyond these periods if damages owed to the victim or livestock owner have not been paid by the suspended person.

             (2) If a person commits any assault upon employees, agents, or personnel acting for the department, the director shall suspend hunting or fishing privileges for ten years.

             (3) Within twenty days of service of an order suspending privileges or imposing conditions under this section, a person may petition for administrative review under chapter 34.05 RCW by serving the director with a petition for review. The order is final and unappealable if there is no timely petition for administrative review.

             (4) The commission may by rule authorize petitions for reinstatement of administrative suspensions and define circumstances under which reinstatement will be allowed.

             NEW SECTION. Sec. 69. CIVIL FORFEITURE OF PROPERTY USED FOR VIOLATION OF THIS CHAPTER. (1) Fish and wildlife officers and ex officio fish and wildlife officers may seize without warrant boats, airplanes, vehicles, gear, appliances, or other articles they have probable cause to believe have been used in violation of this chapter. However, fish and wildlife officers may not seize any item or article, other than for evidence, if under the circumstances, it is reasonable to conclude that the violation was inadvertent. The property seized is subject to forfeiture to the state under this section regardless of ownership. Property seized may be recovered by its owner by depositing into court a cash bond equal to the value of the seized property but not more than twenty-five thousand dollars. Such cash bond is subject to forfeiture in lieu of the property. Forfeiture of property seized under this section is a civil forfeiture against property intended to be a remedial civil sanction.

             (2) In the event of a seizure of property under this section, jurisdiction to begin the forfeiture proceedings shall commence upon seizure. Within fifteen days following the seizure, the seizing authority shall serve a written notice of intent to forfeit property on the owner of the property seized and on any person having any known right or interest in the property seized. Notice may be served by any method authorized by law or court rule, including service by certified mail with return receipt requested. Service by mail is deemed complete upon mailing within the fifteen-day period following the seizure.

             (3) Persons claiming a right of ownership or right to possession of property are entitled to a hearing to contest forfeiture. Such a claim shall specify the claim of ownership or possession and shall be made in writing and served on the director within forty-five days of the seizure. If the seizing authority has complied with notice requirements and there is no claim made within forty-five days, then the property shall be forfeited to the state.

             (4) If any person timely serves the director with a claim to property, the person shall be afforded an opportunity to be heard as to the person's claim or right. The hearing shall be before the director or director's designee, or before an administrative law judge appointed under chapter 34.12 RCW, except that a person asserting a claim or right may remove the matter to a court of competent jurisdiction if the aggregate value of the property seized is more than five thousand dollars.

             (5) The hearing to contest forfeiture and any subsequent appeal shall be as provided for in Title 34 RCW. The seizing authority has the burden to demonstrate that it had reason to believe the property was held with intent to violate or was used in violation of this title or rule of the commission or director. The person contesting forfeiture has the burden of production and proof by a preponderance of evidence that the person owns or has a right to possess the property and:

             (a) That the property was not held with intent to violate or used in violation of this title or Title 75 RCW; or

             (b) If the property is a boat, airplane, or vehicle, that the illegal use or planned illegal use of the boat, airplane, or vehicle occurred without the owner's knowledge or consent, and that the owner acted reasonably to prevent illegal uses of such boat, airplane, or vehicle.

             (6) A forfeiture of a conveyance encumbered by a perfected security interest is subject to the interest of the secured party if the secured party neither had knowledge nor consented to the act or omission. No security interest in seized property may be perfected after seizure.

             (7) If seized property is forfeited under this section the department may retain it for official use unless the property is required to be destroyed, or upon application by any law enforcement agency of the state, release such property to the agency for the use of enforcing this title, or sell such property, and deposit the proceeds to the wildlife fund, as provided for in RCW 77.12.170.

             Sec. 70. RCW 75.08.011 and 1996 c 267 s 2 are each amended to read as follows:

             As used in this title or Title 77 RCW or rules ((of the department)) adopted under those titles, unless the context clearly requires otherwise:

             (1) "Commission" means the fish and wildlife commission.

             (2) "Director" means the director of fish and wildlife.

             (3) "Department" means the department of fish and wildlife.

             (4) "Person" means an individual or a public or private entity or organization. The term "person" includes local, state, and federal government agencies, and all business organizations, including corporations and partnerships.

             (5) "((Fisheries patrol)) Fish and wildlife officer" means a person appointed and commissioned by the commission, with authority to enforce this title, rules of the department, and other statutes as prescribed by the legislature. ((Fisheries patrol)) Fish and wildlife officers are peace officers. Fish and wildlife officer includes a person commissioned before the effective date of this section as a fisheries patrol officer.

             (6) "Ex officio ((fisheries patrol)) fish and wildlife officer" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio ((fisheries patrol)) fish and wildlife officer" also includes ((wildlife agents,)) special agents of the national marine fisheries service, United States fish and wildlife special agents, state parks commissioned officers, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.

             (7) "To fish," "to harvest," and "to take" and their derivatives mean an effort to kill, injure, harass, or catch ((food)) fish or shellfish.

             (8) "State waters" means all marine waters and fresh waters within ordinary high water lines and within the territorial boundaries of the state.

             (9) "Offshore waters" means marine waters of the Pacific Ocean outside the territorial boundaries of the state, including the marine waters of other states and countries.

             (10) "Concurrent waters of the Columbia river" means those waters of the Columbia river that coincide with the Washington-Oregon state boundary.

             (11) "Resident" means a person who has maintained a permanent place of abode within the state for at least ninety days immediately preceding an application for a license, has established by formal evidence an intent to continue residing within the state, and who is not licensed to hunt or fish as a resident in another state.

             (12) "Nonresident" means a person who has not fulfilled the qualifications of a resident.

             (13) "Food fish" means those species of the classes Osteichthyes, Agnatha, and Chondrichthyes that have been classified and that shall not be fished for except as authorized by rule of the commission. The term "food fish" includes all stages of development and the bodily parts of food fish species.

             (14) "Shellfish" means those species of marine and freshwater invertebrates that have been classified and that shall not be taken except as authorized by rule of the commission. The term "shellfish" includes all stages of development and the bodily parts of shellfish species.

             (15) "Salmon" means all species of the genus Oncorhynchus, except those classified as game fish in Title 77 RCW, and includes:

       Scientific Name                                  Common Name

       Oncorhynchus tshawytscha        Chinook salmon

       Oncorhynchus kisutch                Coho salmon

       Oncorhynchus keta                             Chum salmon

       Oncorhynchus gorbuscha                   Pink salmon

       Oncorhynchus nerka                          Sockeye salmon

             (16) "Commercial" means related to or connected with buying, selling, or bartering. Fishing for food fish or shellfish with gear unlawful for fishing for personal use, or possessing food fish or shellfish in excess of the limits permitted for personal use are commercial activities.

             (17) "To process" and its derivatives mean preparing or preserving food fish or shellfish.

             (18) "Personal use" means for the private use of the individual taking the food fish or shellfish and not for sale or barter.

             (19) "Angling gear" means a line attached to a rod and reel capable of being held in hand while landing the fish or a hand-held line operated without rod or reel.

             (20) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful fishing, taking, or possession of food fish or shellfish. "Open season" includes the first and last days of the established time.

             (21) "Fishery" means the taking of one or more particular species of food fish or shellfish with particular gear in a particular geographical area.

             (22) "Limited-entry license" means a license subject to a license limitation program established in chapter 75.30 RCW.

             (23) "Seaweed" means marine aquatic plant species that are dependent upon the marine aquatic or tidal environment, and exist in either an attached or free floating form, and includes but is not limited to marine aquatic plants in the classes Chlorophyta, Phaeophyta, and Rhodophyta.

             (24) "Fish" includes all species classified as game fish or food fish by statute or rule, as well as all fin fish not currently classified as food fish or game fish if such species exist in state waters. The term "fish" includes all stages of development and the bodily parts of fish species.

             Sec. 71. RCW 75.08.160 and 1983 1st ex.s. c 46 s 19 are each amended to read as follows:

             The director, ((fisheries patrol)) fish and wildlife officers, ex officio ((fisheries patrol)) fish and wildlife officers, and department employees may enter upon any land or waters and remain there while performing their duties without liability for trespass.

             It is lawful for aircraft operated by the department to land and take off from the beaches or waters of the state. ((It is unlawful for a person to interfere with the operation of these aircraft.))

             Sec. 72. RCW 75.08.274 and 1995 1st sp.s. c 2 s 15 are each amended to read as follows:

             ((Except by permit of)) The commission((, it is unlawful to)) may adopt rules to authorize issuance of permits to take food fish or shellfish for propagation or scientific purposes within state waters.

             Sec. 73. RCW 75.08.295 and 1995 1st sp.s. c 2 s 17 are each amended to read as follows:

             ((Except by permit of)) The commission((, it is unlawful to)) may adopt rules to authorize issuance of permits to release, plant, or place food fish or shellfish in state waters.

             Sec. 74. RCW 75.08.300 and 1985 c 457 s 12 are each amended to read as follows:

             (((1) It is unlawful for any)) A person other than the United States, an Indian tribe recognized as such by the federal government, the state, a subdivision of the state, or a municipal corporation or an agency of such a unit of government ((to)) shall not release salmon or steelhead trout into the public waters of the state and subsequently to recapture and commercially harvest such salmon or trout. This section shall not prevent any person from rearing salmon or steelhead trout in pens or in a confined area under circumstances where the salmon or steelhead trout are confined and never permitted to swim freely in open water.

             (((2) A violation of this section constitutes a gross misdemeanor.))

             Sec. 75. RCW 75.12.010 and 1995 1st sp.s. c 2 s 25 are each amended to read as follows:

             (1) ((Except as provided in this section, it is unlawful to fish commercially for salmon within the waters described in subsection (2) of this section.)) The commission may authorize commercial fishing for sockeye salmon within the waters described in subsection (2) of this section only during the period June 10th to July 25th and for other salmon only from the second Monday of September through November 30th, except during the hours between 4:00 p.m. of Friday and 4:00 p.m. of the following Sunday.

             (2) All waters east and south of a line commencing at a concrete monument on Angeles Point in Clallam county near the mouth of the Elwha River on which is inscribed "Angeles Point Monument" (latitude 48° 9' 3"north, longitude 123° 33' 01" west of Greenwich Meridian); thence running east on a line 81° 30' true across the flashlight and bell buoy off Partridge Point and thence continued to longitude 122° 40' west; thence north to the southerly shore of Sinclair Island; thence along the southerly shore of the island to the most easterly point of the island; thence 46° true to Carter Point, the most southerly point of Lummi Island; thence northwesterly along the westerly shore line of Lummi Island to where the shore line intersects line of longitude 122° 40' west; thence north to the mainland, including: The southerly portion of Hale Passage, Bellingham Bay, Padilla Bay, Fidalgo Bay, Guemes Channel, Skagit Bay, Similk Bay, Saratoga Passage, Holmes Harbor, Possession Sound, Admiralty Inlet, Hood Canal, Puget Sound, and their inlets, passages, waters, waterways, and tributaries.

             (3) ((The commission may authorize commercial fishing for sockeye salmon within the waters described in subsection (2) of this section during the period June 10 to July 25 and for other salmon from the second Monday of September through November 30, except during the hours between 4:00 p.m. of Friday and 4:00 p.m. of the following Sunday.

             (4))) The commission may authorize commercial fishing for salmon with gill net gear prior to the second Monday in September within the waters of Hale Passage, Bellingham Bay, Samish Bay, Padilla Bay, Fidalgo Bay, Guemes Channel, Skagit Bay, and Similk Bay, to wit: Those waters northerly and easterly of a line commencing at Stanwood, thence along the south shore of Skagit Bay to Rocky Point on Camano Island; thence northerly to Polnell Point on Whidbey Island.

             (((5))) (4) Whenever the commission determines that a stock or run of salmon cannot be harvested in the usual manner, and that the stock or run of salmon may be in danger of being wasted and surplus to natural or artificial spawning requirements, the commission may authorize units of gill net and purse seine gear in any number or equivalents, by time and area, to fully utilize the harvestable portions of these salmon runs for the economic well being of the citizens of this state. Gill net and purse seine gear other than emergency and test gear authorized by the director shall not be used in Lake Washington.

             (((6))) (5) The commission may authorize commercial fishing for pink salmon in each odd-numbered year from August 1st through September 1st in the waters lying inside of a line commencing at the most easterly point of Dungeness Spit and thence projected to Point Partridge on Whidbey Island and a line commencing at Olele Point and thence projected easterly to Bush Point on Whidbey Island.

             Sec. 76. RCW 75.12.015 and 1995 1st sp.s. c 2 s 26 are each amended to read as follows:

             ((Except as provided in this section, it is unlawful to fish commercially for chinook or coho salmon in the Pacific Ocean and the Straits of Juan de Fuca.))

             (1) The commission may authorize commercial fishing for coho salmon in the Pacific Ocean and the Straits of Juan de Fuca only from June 16th through October 31st.

             (2) The commission may authorize commercial fishing for chinook salmon in the Pacific Ocean and the Straits of Juan de Fuca only from March 15th through October 31st.

             Sec. 77. RCW 75.12.040 and 1993 sp.s. c 2 s 27 are each amended to read as follows:

             (1) ((It is unlawful to)) A person shall not use, operate, or maintain a gill net which exceeds ((250 fathoms)) 1500 feet in length or a drag seine in the waters of the Columbia river for catching salmon.

             (2) ((It is unlawful to)) A person shall not construct, install, use, operate, or maintain within state waters a pound net, round haul net, lampara net, fish trap, fish wheel, scow fish wheel, set net, weir, or fixed appliance for catching salmon or steelhead. The director may authorize the use of this gear for scientific investigations.

             (3) The department, in coordination with the Oregon department of fish and wildlife, shall adopt rules to regulate the use of monofilament in gill net webbing on the Columbia river.

             Sec. 78. RCW 75.12.132 and 1984 c 80 s 5 are each amended to read as follows:

             (1) ((It is unlawful to fish for or take salmon commercially with a net within the waters of the tributaries and sloughs described in subsection (2) of this section which flow into or are connected with the Columbia river.

             (2))) The ((director)) commission shall adopt rules defining geographical boundaries of the following Columbia river tributaries and sloughs:

             (a) Washougal river;

             (b) Camas slough;

             (c) Lewis river;

             (d) Kalama river;

             (e) Cowlitz river;

             (f) Elokomin river;

             (g) Elokomin sloughs;

             (h) Skamokawa sloughs;

             (i) Grays river;

             (j) Deep river;

             (k) Grays bay.

             (((3))) (2) The ((director)) commission may authorize commercial net fishing for salmon in the tributaries and sloughs from September 1st to November 30th only, if the time, areas, and level of effort are regulated in order to maximize the recreational fishing opportunity while minimizing excess returns of fish to hatcheries. The ((director)) commission shall not authorize commercial net fishing if a significant catch of steelhead would occur.

             Sec. 79. RCW 75.12.140 and 1983 1st ex.s. c 46 s 59 are each amended to read as follows:

             ((It is unlawful to fish for salmon with)) The commission shall not authorize use of reef net fishing gear ((in state waters,)) except in the reef net areas described in this section.

             (1) Point Roberts reef net fishing area includes those waters within 250 feet on each side of a line projected 129° true from a point at longitude 123° 01' 15" W. latitude 48° 58' 38" N. to a point one mile distant, as such description is shown upon the United States Coast and Geodetic Survey map numbered 6300, published September, 1941, in Washington, D.C., eleventh edition.

             (2) Cherry Point reef net fishing area includes those waters inland and inside the 10-fathom line between lines projected 205° true from points on the mainland at longitude 122° 44' 54" latitude 48° 51' 48" and longitude 122° 44' 18" latitude 48° 51' 33", a [as] such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

             (3) Lummi Island reef net fishing area includes those waters inland and inside a line projected from Village Point 208° true to a point 900 yards distant, thence 129° true to the point of intersection with a line projected 259° true from the shore of Lummi Island 122° 40' 42" latitude 48° 41' 32", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition, revised 11-25-57, save and except that there shall be excluded therefrom all waters lying inside of a line projected 259° true from a point at 122° 40' 42" latitude 48° 41' 32" to a point 300 yards distant from high tide, thence in a northerly direction to the United States Coast and Geodetic Survey reference mark number 2, 1941-1950, located on that point on Lummi Island known as Lovers Point, as such descriptions are shown upon the United States Coast and Geodetic Survey map number 6380 as aforesaid. The term "Village Point" as used herein shall be construed to mean a point of location on Village Point, Lummi Island, at the mean high tide line on a true bearing of 43° 53' a distance of 457 feet to the center of the chimney of a wood frame house on the east side of the county road. Said chimney and house being described as Village Point Chimney on page 612 of the United States Coast and Geodetic Survey list of geographic positions No. G-5455, Rosario Strait.

             (4) Sinclair Island reef net fishing area includes those waters inland and inside a line projected from the northern point of Sinclair Island to Boulder reef, thence 200° true to the northwesterly point of Sinclair Island, as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

             (5) Flat Point reef net fishing area includes those waters within a radius of 175 feet of a point off Lopez Island located at longitude 122° 55' 24" latitude 48° 32' 33", as such description is shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

             (6) Lopez Island reef net fishing area includes those waters within 400 yards of shore between lines projected true west from points on the shore of Lopez Island at longitude 122° 55' 04" latitude 48° 31' 59" and longitude 122° 55' 54" latitude 48° 30' 55", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

             (7) Iceberg Point reef net fishing area includes those waters inland and inside a line projected from Davis Point on Lopez Island to the west point of Long Island, thence to the southern point of Hall Island, thence to the eastern point at the entrance to Jones Bay, and thence to the southern point at the entrance to Mackaye Harbor on Lopez Island; and those waters inland and inside a line projected 320° from Iceberg Point light on Lopez Island, a distance of 400 feet, thence easterly to the point on Lopez Island at longitude 122° 53' 00" latitude 48° 25' 39", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

             (8) Aleck Bay reef net fishing area includes those waters inland and inside a line projected from the southwestern point at the entrance to Aleck Bay on Lopez Island at longitude 122° 51' 11" latitude 48° 25' 14" southeasterly 800 yards to the submerged rock shown on U.S.G.S. map number 6380, thence northerly to the cove on Lopez Island at longitude 122° 50' 49" latitude 48° 25' 42", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

             (9) Shaw Island reef net fishing area number 1 includes those waters within 300 yards of shore between lines projected true south from points on Shaw Island at longitude 122° 56' 14" latitude 48° 33' 28" and longitude 122° 57' 29" latitude 48° 32' 58", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

             (10) Shaw Island reef net fishing area number 2 includes those waters inland and inside a line projected from Point George on Shaw Island to the westerly point of Neck Point on Shaw Island, as such description is shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

             (11) Stuart Island reef net fishing area number 1 includes those waters within 600 feet of the shore of Stuart Island between lines projected true east from points at longitude 123° 10' 47" latitude 48° 39' 47" and longitude 123° 10' 47" latitude 48° 39' 33", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

             (12) Stuart Island reef net fishing area number 2 includes those waters within 250 feet of Gossip Island, also known as Happy Island, as such description is shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

             (13) Johns Island reef net fishing area includes those waters inland and inside a line projected from the eastern point of Johns Island to the northwestern point of Little Cactus Island, thence northwesterly to a point on Johns Island at longitude 123° 09' 24" latitude 48° 39' 59", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

             (14) Battleship Island reef net fishing area includes those waters lying within 350 feet of Battleship Island, as such description is shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

             (15) Open Bay reef net fishing area includes those waters lying within 150 feet of shore between lines projected true east from a point on Henry Island at longitude 123° 11' 34 1/2" latitude 48° 35' 27 1/2" at a point 250 feet south, as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

             (16) Mitchell Reef net fishing area includes those waters within a line beginning at the rock shown on U.S.G.S. map number 6380 at longitude 123° 10' 56" latitude 48° 34' 49 1/2", and projected 50 feet northwesterly, thence southwesterly 250 feet, thence southeasterly 300 feet, thence northeasterly 250 feet, thence to the point of beginning, as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

             (17) Smugglers Cove reef fishing area includes those waters within 200 feet of shore between lines projected true west from points on the shore of San Juan Island at longitude 123° 10' 29" latitude 48° 33' 50" and longitude 123° 10' 31" latitude 48° 33' 45", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

             (18) Andrews Bay reef net fishing area includes those waters lying within 300 feet of the shore of San Juan Island between a line projected true south from a point at the northern entrance of Andrews Bay at longitude 123° 09' 53 1/2" latitude 48° 33' 00" and the cable crossing sign in Andrews Bay, at longitude 123° 09' 45" latitude 48° 33' 04", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

             (19) Orcas Island reef net fishing area includes those waters inland and inside a line projected true west a distance of 1,000 yards from the shore of Orcas Island at longitude 122° 57' 40" latitude 48° 41' 06" thence northeasterly to a point 500 feet true west of Point Doughty, then true east to Point Doughty, as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

             Sec. 80. RCW 75.12.210 and 1993 c 20 s 2 are each amended to read as follows:

             (1) Except as provided in subsection (2) of this section, ((it is unlawful to fish for or take salmon with)) the commission shall not authorize gear other than troll gear or angling gear for taking salmon within the offshore waters or the waters of the Pacific Ocean over which the state has jurisdiction lying west of the following line: Commencing at the point of intersection of the international boundary line in the Strait of Juan de Fuca and a line drawn between the lighthouse on Tatoosh Island in Clallam County and Bonilla Point on Vancouver Island; thence southerly to the lighthouse on Tatoosh Island; thence southerly to the most westerly point of Cape Flattery; thence southerly along the state shoreline of the Pacific Ocean, crossing any river mouths at their most westerly points of land, to Point Brown at the entrance to Grays Harbor; thence southerly to Point Chehalis Light on Point Chehalis; thence southerly from Point Chehalis along the state shoreline of the Pacific Ocean to the Cape Shoalwater tower at the entrance to Willapa Bay; thence southerly to Leadbetter Point; thence southerly along the state shoreline of the Pacific Ocean to the inshore end of the North jetty at the entrance to the Columbia River; thence southerly to the knuckle of the South jetty at the entrance to said river.

             (2) The ((director)) commission may authorize the use of nets for taking salmon in the waters described in subsection (1) of this section for scientific investigations.

             Sec. 81. RCW 75.12.230 and 1983 1st ex.s. c 46 s 61 are each amended to read as follows:

             Within the waters described in RCW 75.12.210, ((it is unlawful to)) a person shall not transport or possess salmon on board a vessel carrying fishing gear of a type other than troll lines or angling gear, unless accompanied by a certificate issued by a state or country showing that the salmon have been lawfully taken within the territorial waters of the state or country.

             Sec. 82. RCW 75.12.390 and 1989 c 172 s 1 are each amended to read as follows:

             The commission shall not authorize commercial bottom trawling for food fish and shellfish ((is unlawful)) in all areas of Hood Canal south of a line projected from Tala Point to Foulweather Bluff and in Puget Sound south of a line projected from Foulweather Bluff to Double Bluff and including all marine waters east of Whidbey Island and Camano Island.

             Sec. 83. RCW 75.12.440 and 1993 c 340 s 50 are each amended to read as follows:

             ((It is unlawful to use)) The commission shall not authorize any commercial fisher to use more than fifty shrimp pots while commercially fishing for shrimp in that portion of Hood Canal lying south of the Hood Canal floating bridge.

             Sec. 84. RCW 75.12.650 and 1996 c 267 s 24 are each amended to read as follows:

             ((It is unlawful to fish commercially for salmon using fishing gear not authorized for commercial salmon fishing by rule of the department.)) The commission shall not authorize angling gear or other personal use gear for commercial salmon fishing.

             Sec. 85. RCW 75.20.040 and 1983 1st ex.s. c 46 s 70 are each amended to read as follows:

             A diversion device used for conducting water from a lake, river, or stream for any purpose shall be equipped with a fish guard approved by the director to prevent the passage of fish into the diversion device. The fish guard shall be maintained at all times when water is taken into the diversion device. The fish guards shall be installed at places and times prescribed by the director upon thirty days' notice to the owner of the diversion device. ((It is unlawful for the owner of a diversion device to fail to comply with this section.))

             Each day the diversion device is not equipped with an approved fish guard is a separate offense. If within thirty days after notice to equip a diversion device the owner fails to do so, the director may take possession of the diversion device and close the device until it is properly equipped. Expenses incurred by the department constitute the value of a lien upon the diversion device and upon the real and personal property of the owner. Notice of the lien shall be filed and recorded in the office of the county auditor of the county in which the action is taken.

             Sec. 86. RCW 75.20.060 and 1983 1st ex.s. c 46 s 72 are each amended to read as follows:

             A dam or other obstruction across or in a stream shall be provided with a durable and efficient fishway approved by the director. Plans and specifications shall be provided to the department prior to the director's approval. The fishway shall be maintained in an effective condition and continuously supplied with sufficient water to freely pass fish. ((It is unlawful for the owner, manager, agent, or person in charge of the dam or obstruction to fail to comply with this section.))

             If a person fails to construct and maintain a fishway or to remove the dam or obstruction in a manner satisfactory to the director, then within thirty days after written notice to comply has been served upon the owner, his agent, or the person in charge, the director may construct a fishway or remove the dam or obstruction. Expenses incurred by the department constitute the value of a lien upon the dam and upon the personal property of the person owning the dam. Notice of the lien shall be filed and recorded in the office of the county auditor of the county in which the dam or obstruction is situated. The lien may be foreclosed in an action brought in the name of the state.

             If, within thirty days after notice to construct a fishway or remove a dam or obstruction, the owner, his agent, or the person in charge fails to do so, the dam or obstruction is a public nuisance and the director may take possession of the dam or obstruction and destroy it. No liability shall attach for the destruction.

             Sec. 87. RCW 75.20.100 and 1997 c 385 s 1 and 1997 c 290 s 4 are each reenacted and amended to read as follows:

             (1) In the event that any person or government agency desires to construct any form of hydraulic project or perform other work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state, such person or government agency shall, before commencing construction or work thereon and to ensure the proper protection of fish life, secure the approval of the department as to the adequacy of the means proposed for the protection of fish life. This approval shall not be unreasonably withheld.

             (2)(a) Except as provided in RCW 75.20.1001, the department shall grant or deny approval of a standard permit within forty-five calendar days of the receipt of a complete application and notice of compliance with any applicable requirements of the state environmental policy act, made in the manner prescribed in this section.

             (b) The applicant may document receipt of application by filing in person or by registered mail. A complete application for approval shall contain general plans for the overall project, complete plans and specifications of the proposed construction or work within the mean higher high water line in salt water or within the ordinary high water line in fresh water, and complete plans and specifications for the proper protection of fish life.

             (c) The forty-five day requirement shall be suspended if:

             (i) After ten working days of receipt of the application, the applicant remains unavailable or unable to arrange for a timely field evaluation of the proposed project;

             (ii) The site is physically inaccessible for inspection; or

             (iii) The applicant requests delay. Immediately upon determination that the forty-five day period is suspended, the department shall notify the applicant in writing of the reasons for the delay.

             (d) For purposes of this section, "standard permit" means a written permit issued by the department when the conditions under subsections (3) and (((6)))(5)(b) of this section are not met.

             (3)(a) The department may issue an expedited written permit in those instances where normal permit processing would result in significant hardship for the applicant or unacceptable damage to the environment. In cases of imminent danger, the department shall issue an expedited written permit, upon request, for work to repair existing structures, move obstructions, restore banks, protect property, or protect fish resources. Expedited permit requests require a complete written application as provided in subsection (2)(b) of this section and shall be issued within fifteen calendar days of the receipt of a complete written application. Approval of an expedited permit is valid for up to sixty days from the date of issuance.

             (b) For the purposes of this subsection, "imminent danger" means a threat by weather, water flow, or other natural conditions that is likely to occur within sixty days of a request for a permit application.

             (c) The department may not require the provisions of the state environmental policy act, chapter 43.21C RCW, to be met as a condition of issuing a permit under this subsection.

             (d) The department or the county legislative authority may determine if an imminent danger exists. The county legislative authority shall notify the department, in writing, if it determines that an imminent danger exists.

             (4) Approval of a standard permit is valid for a period of up to five years from date of issuance. The permittee must demonstrate substantial progress on construction of that portion of the project relating to the approval within two years of the date of issuance. If the department denies approval, the department shall provide the applicant, in writing, a statement of the specific reasons why and how the proposed project would adversely affect fish life. Protection of fish life shall be the only ground upon which approval may be denied or conditioned. Chapter 34.05 RCW applies to any denial of project approval, conditional approval, or requirements for project modification upon which approval may be contingent.

             (5) ((If any person or government agency commences construction on any hydraulic works or projects subject to this section without first having obtained approval of the department as to the adequacy of the means proposed for the protection of fish life, or if any person or government agency fails to follow or carry out any of the requirements or conditions as are made a part of such approval, the person or director of the agency is guilty of a gross misdemeanor. If any such person or government agency is convicted of violating any of the provisions of this section and continues construction on any such works or projects without fully complying with the provisions hereof, such works or projects are hereby declared a public nuisance and shall be subject to abatement as such.

             (6)))(a) In case of an emergency arising from weather or stream flow conditions or other natural conditions, the department, through its authorized representatives, shall issue immediately, upon request, oral approval for removing any obstructions, repairing existing structures, restoring stream banks, or to protect property threatened by the stream or a change in the stream flow without the necessity of obtaining a written approval prior to commencing work. Conditions of an oral approval to protect fish life shall be established by the department and reduced to writing within thirty days and complied with as provided for in this section. Oral approval shall be granted immediately, upon request, for a stream crossing during an emergency situation.

             (b) For purposes of this section and RCW 75.20.103, "emergency" means an immediate threat to life, the public, property, or of environmental degradation.

             (c) The department or the county legislative authority may declare and continue an emergency when one or more of the criteria under (b) of this subsection are met. The county legislative authority shall immediately notify the department if it declares an emergency under this subsection.

             (((7))) (6) The department shall, at the request of a county, develop five-year maintenance approval agreements, consistent with comprehensive flood control management plans adopted under the authority of RCW 86.12.200, or other watershed plan approved by a county legislative authority, to allow for work on public and private property for bank stabilization, bridge repair, removal of sand bars and debris, channel maintenance, and other flood damage repair and reduction activity under agreed-upon conditions and times without obtaining permits for specific projects.

             (((8))) (7) This section shall not apply to the construction of any form of hydraulic project or other work which diverts water for agricultural irrigation or stock watering purposes authorized under or recognized as being valid by the state's water codes, or when such hydraulic project or other work is associated with streambank stabilization to protect farm and agricultural land as defined in RCW 84.34.020. These irrigation or stock watering diversion and streambank stabilization projects shall be governed by RCW 75.20.103.

             A landscape management plan approved by the department and the department of natural resources under RCW 76.09.350(2), shall serve as a hydraulic project approval for the life of the plan if fish are selected as one of the public resources for coverage under such a plan.

             (((9))) (8) For the purposes of this section and RCW 75.20.103, "bed" means the land below the ordinary high water lines of state waters. This definition does not include irrigation ditches, canals, storm water run-off devices, or other artificial watercourses except where they exist in a natural watercourse that has been altered by man.

             (((10))) (9) The phrase "to construct any form of hydraulic project or perform other work" does not include the act of driving across an established ford. Driving across streams or on wetted stream beds at areas other than established fords requires approval. Work within the ordinary high water line of state waters to construct or repair a ford or crossing requires approval.

             Sec. 88. RCW 75.20.103 and 1993 sp.s. c 2 s 32 are each amended to read as follows:

             In the event that any person or government agency desires to construct any form of hydraulic project or other work that diverts water for agricultural irrigation or stock watering purposes, or when such hydraulic project or other work is associated with streambank stabilization to protect farm and agricultural land as defined in RCW 84.34.020, and when such diversion or streambank stabilization will use, divert, obstruct, or change the natural flow or bed of any river or stream or will utilize any waters of the state or materials from the stream beds, the person or government agency shall, before commencing construction or work thereon and to ensure the proper protection of fish life, secure a written approval from the department as to the adequacy of the means proposed for the protection of fish life. This approval shall not be unreasonably withheld. Except as provided in RCW 75.20.1001 ((and 75.20.1002)), the department shall grant or deny the approval within forty-five calendar days of the receipt of a complete application and notice of compliance with any applicable requirements of the state environmental policy act, made in the manner prescribed in this section. The applicant may document receipt of application by filing in person or by registered mail. A complete application for an approval shall contain general plans for the overall project, complete plans and specifications of the proposed construction or work within ordinary high water line, and complete plans and specifications for the proper protection of fish life. The forty-five day requirement shall be suspended if (1) after ten working days of receipt of the application, the applicant remains unavailable or unable to arrange for a timely field evaluation of the proposed project; (2) the site is physically inaccessible for inspection; or (3) the applicant requests delay.

             Immediately upon determination that the forty-five day period is suspended, the department shall notify the applicant in writing of the reasons for the delay.

             An approval shall remain in effect without need for periodic renewal for projects that divert water for agricultural irrigation or stock watering purposes and that involve seasonal construction or other work. Approval for streambank stabilization projects shall remain in effect without need for periodic renewal if the problem causing the need for the streambank stabilization occurs on an annual or more frequent basis. The permittee must notify the appropriate agency before commencing the construction or other work within the area covered by the approval.

             The permittee must demonstrate substantial progress on construction of that portion of the project relating to the approval within two years of the date of issuance. If the department denies approval, the department shall provide the applicant, in writing, a statement of the specific reasons why and how the proposed project would adversely affect fish life. Protection of fish life shall be the only ground upon which approval may be denied or conditioned. Issuance, denial, conditioning, or modification shall be appealable to the hydraulic appeals board established in RCW 43.21B.005 within thirty days of the notice of decision. The burden shall be upon the department to show that the denial or conditioning of an approval is solely aimed at the protection of fish life.

             The department may, after consultation with the permittee, modify an approval due to changed conditions. The modifications shall become effective unless appealed to the hydraulic appeals board within thirty days from the notice of the proposed modification. The burden is on the department to show that changed conditions warrant the modification in order to protect fish life.

             A permittee may request modification of an approval due to changed conditions. The request shall be processed within forty-five calendar days of receipt of the written request. A decision by the department may be appealed to the hydraulic appeals board within thirty days of the notice of the decision. The burden is on the permittee to show that changed conditions warrant the requested modification and that such modification will not impair fish life.

             ((If any person or government agency commences construction on any hydraulic works or projects subject to this section without first having obtained written approval of the department as to the adequacy of the means proposed for the protection of fish life, or if any person or government agency fails to follow or carry out any of the requirements or conditions as are made a part of such approval, the person or director of the agency is guilty of a gross misdemeanor. If any such person or government agency is convicted of violating any of the provisions of this section and continues construction on any such works or projects without fully complying with the provisions hereof, such works or projects are hereby declared a public nuisance and shall be subject to abatement as such.))

             In case of an emergency arising from weather or stream flow conditions or other natural conditions, the department, through its authorized representatives, shall issue immediately upon request oral approval for removing any obstructions, repairing existing structures, restoring stream banks, or to protect property threatened by the stream or a change in the stream flow without the necessity of obtaining a written approval prior to commencing work. Conditions of an oral approval shall be reduced to writing within thirty days and complied with as provided for in this section.

             For purposes of this chapter, "streambank stabilization" shall include but not be limited to log and debris removal, bank protection (including riprap, jetties, and groins), gravel removal and erosion control.

             Sec. 89. RCW 75.20.110 and 1995 1st sp.s. c 2 s 27 are each amended to read as follows:

             (1) Except for the north fork of the Lewis river and the White Salmon river, all streams and rivers tributary to the Columbia river downstream from McNary dam are established as an anadromous fish sanctuary. This sanctuary is created to preserve and develop the food fish and game fish resources in these streams and rivers and to protect them against undue industrial encroachment.

             (2) Within the sanctuary area:

             (a) ((It is unlawful)) The department shall not issue hydraulic project approval to construct a dam greater than twenty-five feet high within the migration range of anadromous fish as determined by the ((commission)) department.

             (b) ((Except by order of the commission, it is unlawful to)) A person shall not divert water from rivers and streams in quantities that will reduce the respective stream flow below the annual average low flow, based upon data published in United States geological survey reports.

             (3) The commission may acquire and abate a dam or other obstruction, or acquire any water right vested on a sanctuary stream or river, which is in conflict with the provisions of subsection (2) of this section.

             (4) Subsection (2)(a) of this section does not apply to the sediment retention structure to be built on the North Fork Toutle river by the United States army corps of engineers.

             Sec. 90. RCW 75.24.080 and 1983 1st ex.s. c 46 s 83 are each amended to read as follows:

             The director may designate as "restricted shellfish areas" those areas in which infection or infestation of shellfish is present. ((Except by)) A permit ((of)) issued by the director((, it)) is ((unlawful)) required to transplant or transport into or out of a restricted area shellfish or equipment used in culturing, taking, handling, or processing shellfish.

             Sec. 91. RCW 75.24.100 and 1995 1st sp.s. c 2 s 29 are each amended to read as follows:

             (1) ((It is unlawful)) The department may not authorize a person to take geoduck clams for commercial purposes outside the harvest area designated in a current department of natural resources geoduck harvesting agreement issued under RCW 79.96.080. ((It is unlawful to commercially)) The department may not authorize commercial harvest of geoduck clams from bottoms that are shallower than eighteen feet below mean lower low water (0.0. ft.), or that lie in an area bounded by the line of ordinary high tide (mean high tide) and a line two hundred yards seaward from and parallel to the line of ordinary high tide. This section does not apply to the harvest of private sector cultured aquatic products as defined in RCW 15.85.020.

             (2) Commercial geoduck harvesting shall be done with a hand-held, manually operated water jet or suction device guided and controlled from under water by a diver. Periodically, the commission shall determine the effect of each type or unit of gear upon the geoduck population or the substrate they inhabit. The commission may require modification of the gear or stop its use if it is being operated in a wasteful or destructive manner or if its operation may cause permanent damage to the bottom or adjacent shellfish populations.

             Sec. 92. RCW 75.24.110 and 1983 1st ex.s. c 46 s 87 are each amended to read as follows:

             ((It is unlawful for)) The department may not authorize a person to import oysters or oyster seed into this state for the purpose of planting them in state waters without a permit from the director. The director shall issue a permit only after an adequate inspection has been made and the oysters or oyster seed are found to be free of disease, pests, and other substances which might endanger oysters in state waters.

             Sec. 93. RCW 75.28.010 and 1997 c 58 s 883 are each amended to read as follows:

             (1) Except as otherwise provided by this title, ((it is unlawful to)) a person may not engage in any of the following activities without a license or permit issued by the director:

             (a) Commercially fish for or take food fish or shellfish;

             (b) Deliver food fish or shellfish taken in offshore waters;

             (c) Operate a charter boat or commercial fishing vessel engaged in a fishery;

             (d) Engage in processing or wholesaling food fish or shellfish; or

             (e) Act as a guide for salmon for personal use in freshwater rivers and streams, other than that part of the Columbia river below the bridge at Longview.

             (2) No person may engage in the activities described in subsection (1) of this section unless the licenses or permits required by this title are in the person's possession, and the person is the named license holder or an alternate operator designated on the license and the person's license is not suspended.

             (3) A valid Oregon license that is equivalent to a license under this title is valid in the concurrent waters of the Columbia river if the state of Oregon recognizes as valid the equivalent Washington license. The director may identify by rule what Oregon licenses are equivalent.

             (4) No license or permit is required for the production or harvesting of private sector cultured aquatic products as defined in RCW 15.85.020 or for the delivery, processing, or wholesaling of such aquatic products. However, if a means of identifying such products is required by rules adopted under RCW 15.85.060, the exemption from licensing or permit requirements established by this subsection applies only if the aquatic products are identified in conformance with those rules.

             Sec. 94. RCW 75.28.045 and 1993 c 340 s 7 are each amended to read as follows:

             This section applies to all commercial fishery licenses, delivery licenses, and charter licenses.

             (1) An applicant for a license subject to this section may designate a vessel to be used with the license. Except for emergency salmon delivery licenses, the director may issue a license regardless of whether the applicant designates a vessel. An applicant may designate no more than one vessel on a license subject to this section.

             (2) A license for a fishery that requires a vessel authorizes no taking or delivery of food fish or shellfish unless a vessel is designated on the license. A delivery license authorizes no delivery of food fish or shellfish unless a vessel is designated on the license.

             (3) ((It is unlawful to take food fish or shellfish in a fishery that requires a vessel except from a vessel designated on a commercial fishery license for that fishery.

             (4) It is unlawful to operate a vessel as a charter boat unless the vessel is designated on a charter license.

             (5))) No vessel may be designated on more than one commercial fishery license unless the licenses are for different fisheries. No vessel may be designated on more than one delivery license, on more than one salmon charter license, or on more than one nonsalmon charter license.

             Sec. 95. RCW 75.28.095 and 1997 c 76 s 2 are each amended to read as follows:

             (1) The director shall issue the charter licenses and angler permits listed in this section according to the requirements of this title. The licenses and permits and their annual fees and surcharges are:

       License or Permit                     Annual Fee                       Governing

                                           (RCW 75.50.100 Surcharge)         Section

                                              Resident        Nonresident

(a) Nonsalmon charter              $225                 $375

(b) Salmon charter                    $380                 $685        RCW 75.30.065

                                            (plus $100)       (plus $100)

(c) Salmon angler                      $ 0                   $ 0         RCW 75.30.070

(d) Salmon roe                          $ 95                  $ 95        RCW 75.28.690

             (2) ((Except as provided in subsection (5) of this section, it is unlawful to operate a vessel as a charter boat from which salmon or salmon and other food fish or shellfish are taken without a salmon charter license designating the vessel)) A salmon charter license designating a vessel is required to operate a charter boat to take salmon, other food fish, and shellfish. The director may issue a salmon charter license only to a person who meets the qualifications of RCW 75.30.065.

             (3) ((Except as provided in subsections (2) and (5) of this section, it is unlawful to operate a vessel as a charter boat from which food fish or shellfish are taken without a nonsalmon charter license)) A nonsalmon charter license designating a vessel is required to operate a charter boat to take food fish other than salmon and shellfish. As used in this subsection, "food fish" does not include salmon.

             (4) "Charter boat" means a vessel from which persons may, for a fee, fish for food fish or shellfish for personal use, and that brings food fish or shellfish into state ports or brings food fish or shellfish taken from state waters into United States ports. The director may specify by rule when a vessel is a "charter boat" within this definition. "Charter boat" does not mean a vessel used by a guide for clients fishing for food fish for personal use in freshwater rivers, streams, and lakes, other than Lake Washington or that part of the Columbia River below the bridge at Longview.

             (5) A charter boat licensed in Oregon may fish without a Washington charter license under the same rules as Washington charter boat operators in ocean waters within the jurisdiction of Washington state from the southern border of the state of Washington to Leadbetter Point, as long as the Oregon vessel does not land at any Washington port with the purpose of taking on or discharging passengers. The provisions of this subsection shall be in effect as long as the state of Oregon has reciprocal laws and regulations.

             (6) A salmon charter license under subsection (1)(b) of this section may be renewed if the license holder notifies the department by May 1st of that year that he or she will not participate in the fishery during that calendar year. The license holder must pay the one hundred-dollar enhancement surcharge, plus a fifteen-dollar handling charge, in order to be considered a valid renewal and eligible to renew the license the following year.

             Sec. 96. RCW 75.28.113 and 1994 c 260 s 22 are each amended to read as follows:

             (1) ((It is unlawful to deliver salmon taken in offshore waters to a place or port in the state without)) A salmon delivery license ((from the director)) is required to deliver salmon taken in offshore waters to a place or port in the state. The annual fee for a salmon delivery license is three hundred eighty dollars for residents and six hundred eighty-five dollars for nonresidents. The annual surcharge under RCW 75.50.100 is one hundred dollars for each license. Holders of nonlimited entry delivery licenses issued under RCW 75.28.125 may apply the nonlimited entry delivery license fee against the salmon delivery license fee.

             (2) Only a person who meets the qualifications established in RCW 75.30.120 may hold a salmon delivery license issued under this section.

             (3) A salmon delivery license authorizes no taking of salmon or other food fish or shellfish from the waters of the state.

             (4) If the director determines that the operation of a vessel under a salmon delivery license results in the depletion or destruction of the state's salmon resource or the delivery into this state of salmon products prohibited by law, the director may revoke the license under the procedures of chapter 34.05 RCW.

             Sec. 97. RCW 75.28.125 and 1994 c 260 s 21 are each amended to read as follows:

             (1) Except as provided in subsection (2) of this section, ((it is unlawful to deliver with)) a person may not use a commercial fishing vessel to deliver food fish or shellfish taken in offshore waters to a port in the state without a nonlimited entry delivery license. As used in this section, "food fish" does not include salmon. As used in this section, "shellfish" does not include ocean pink shrimp or coastal crab. The annual license fee for a nonlimited entry delivery license is one hundred ten dollars for residents and two hundred dollars for nonresidents.

             (2) Holders of salmon troll fishery licenses issued under RCW 75.28.110, salmon delivery licenses issued under RCW 75.28.113, crab pot fishery licenses issued under RCW 75.28.130, food fish trawl—Non-Puget Sound fishery licenses issued under RCW 75.28.120, Dungeness crab—coastal fishery licenses, ocean pink shrimp delivery licenses, and shrimp trawl—Non-Puget Sound fishery licenses issued under RCW 75.28.130 may deliver food fish or shellfish taken in offshore waters without a nonlimited entry delivery license.

             (3) A nonlimited entry delivery license authorizes no taking of food fish or shellfish from state waters.

             Sec. 98. RCW 75.28.710 and 1993 c 340 s 26 are each amended to read as follows:

             (1) ((It is unlawful to)) A person shall not offer or perform the services of a professional salmon guide in the taking of salmon for personal use in freshwater rivers and streams, other than in that part of the Columbia river below the bridge at Longview, without a professional salmon guide license.

             (2) Only an individual at least sixteen years of age may hold a professional salmon guide license. No individual may hold more than one professional salmon guide license.

             Sec. 99. RCW 75.28.740 and 1993 c 340 s 18 are each amended to read as follows:

             (1) The director may by rule designate a fishery as an emerging commercial fishery. The director shall include in the designation whether the fishery is one that requires a vessel.

             (2) "Emerging commercial fishery" means the commercial taking of a newly classified species of food fish or shellfish, the commercial taking of a classified species with gear not previously used for that species, or the commercial taking of a classified species in an area from which that species has not previously been commercially taken. Any species of food fish or shellfish commercially harvested in Washington state as of June 7, 1990, may be designated as a species in an emerging commercial fishery, except that no fishery subject to a license limitation program in chapter 75.30 RCW may be designated as an emerging commercial fishery.

             (3) ((It is unlawful to)) A person shall not take food fish or shellfish in a fishery designated as an emerging commercial fishery without an emerging commercial fishery license and a permit from the director. The director shall issue two types of permits to accompany emerging commercial fishery licenses: Trial fishery permits and experimental fishery permits. Trial fishery permits are governed by subsection (4) of this section. Experimental fishery permits are governed by RCW 75.30.220.

             (4) The director shall issue trial fishery permits for a fishery designated as an emerging commercial fishery unless the director determines there is a need to limit the number of participants under RCW 75.30.220. A person who meets the qualifications of RCW 75.28.020 may hold a trial fishery permit. The holder of a trial fishery permit shall comply with the terms of the permit. Trial fishery permits are not transferable from the permit holder to any other person.

             Sec. 100. RCW 75.30.070 and 1993 c 340 s 29 are each amended to read as follows:

             (1) Except as provided in subsection (3) of this section, ((it is unlawful to)) a person shall not operate a vessel as a charter boat from which salmon are taken in salt water without an angler permit. The angler permit shall specify the maximum number of persons that may fish from the charter boat per trip. The angler permit expires if the salmon charter license is not renewed.

             (2) Only a person who holds a salmon charter license issued under RCW 75.28.095 and 75.30.065 may hold an angler permit.

             (3) An angler permit shall not be required for charter boats licensed in Oregon and fishing in ocean waters within the jurisdiction of Washington state from the southern border of the state of Washington to Leadbetter Point under the same regulations as Washington charter boat operators, as long as the Oregon vessel does not land at any Washington port with the purpose of taking on or discharging passengers. The provisions of this subsection shall be in effect as long as the state of Oregon has reciprocal laws and regulations.

             Sec. 101. RCW 75.30.130 and 1997 c 233 s 1 and 1997 c 115 s 1 are each reenacted and amended to read as follows:

             (1) ((It is unlawful to)) A person shall not commercially take Dungeness crab (Cancer magister) in Puget Sound without first obtaining a Dungeness crab--Puget Sound fishery license. As used in this section, "Puget Sound" has the meaning given in RCW 75.28.110(5)(a). A Dungeness crab--Puget Sound fishery license is not required to take other species of crab, including red rock crab (Cancer productus).

             (2) Except as provided in subsections (3) and (6) of this section, after January 1, 1982, the director shall issue no new Dungeness crab--Puget Sound fishery licenses. Only a person who meets the following qualification may renew an existing license: The person shall have held the Dungeness crab--Puget Sound fishery license sought to be renewed during the previous year or acquired the license by transfer from someone who held it during the previous year, and shall not have subsequently transferred the license to another person.

             (3) Where the person failed to obtain the license during the previous year because of a license suspension, the person may qualify for a license by establishing that the person held such a license during the last year in which the license was not suspended.

             (4) This section does not restrict the issuance of commercial crab licenses for areas other than Puget Sound or for species other than Dungeness crab.

             (5) Dungeness crab--Puget Sound fishery licenses are transferable from one license holder to another.

             (6) If fewer than one hundred twenty-five persons are eligible for Dungeness crab--Puget Sound fishery licenses, the director may accept applications for new licenses. The director shall determine by random selection the successful applicants for the additional licenses. The number of additional licenses issued shall be sufficient to maintain one hundred twenty-five licenses in the Puget Sound Dungeness crab fishery. The director shall adopt rules governing the application, selection, and issuance procedures for new Dungeness crab--Puget Sound fishery licenses, based upon recommendations of a board of review established under RCW 75.30.050.

             Sec. 102. RCW 75.30.140 and 1993 c 340 s 35 are each amended to read as follows:

             (1) ((It is unlawful to)) A person shall not fish commercially for herring in state waters without a herring fishery license. As used in this section, "herring fishery license" means any of the following commercial fishery licenses issued under RCW 75.28.120: Herring dip bag net; herring drag seine; herring gill net; herring lampara; herring purse seine.

             (2) Except as provided in this section, a herring fishery license may be issued only to a person who((:

             (a) Established initial eligibility for a herring fishery license as provided in subsection (3) of this section or acquired such a license by transfer;

             (b) Held a herring fishery license during the previous year or acquired such a license by transfer; and

             (c) Has not subsequently transferred the license to another person.

             (3) A person may establish initial eligibility for a herring fishery license by:

             (a) Documenting to the department that the person landed herring during the period January 1, 1971, through April 15, 1973;

             (b) Documenting to the department that the person landed herring during the period January 1, 1969, through December 31, 1970, if the person was in the armed forces of the United States during the period January 1, 1971, through April 15, 1973; or

             (c) Applying to the department and qualifying for a herring fishery license under hardship criteria established by rule of the director.

             Landings may be documented only by a department fish receiving ticket.

             (4) A herring fishery license may be issued only for the type of fishing gear used to establish initial eligibility for the license.

             (5) The director may establish rules governing the administration of this section based upon recommendations of a board of review established under RCW 75.30.050.

             (6) Except as provided in subsection (8) of this section, after January 1, 1995, the director shall issue no new herring fishery licenses. After January 1, 1995, a person may renew an existing license only if the person)) held the license sought to be renewed during the previous year or acquired the license by transfer from someone who held it during the previous year, and if the person has not subsequently transferred the license to another person.

             (((7))) (3) Herring fishery licenses may be renewed each year. A herring fishery license that is not renewed each year shall not be renewed further.

             (((8))) (4) The department may issue additional herring fishery licenses if the stocks of herring will not be jeopardized by granting additional licenses.

             (((9))) (5) Subject to the restrictions of ((section 11 of this act)) RCW 75.28.011, herring fishery licenses are transferable from one license holder to another.

             Sec. 103. RCW 75.30.160 and 1993 c 340 s 38 are each amended to read as follows:

             ((It is unlawful to)) A person shall not commercially take whiting from areas that the department designates within the waters described in RCW 75.28.110(5)(a) without a whiting--Puget Sound fishery license.

             Sec. 104. RCW 75.30.210 and 1993 c 340 s 41 are each amended to read as follows:

             (1) ((It is unlawful to)) A person shall not commercially take any species of sea urchin using shellfish diver gear without first obtaining a sea urchin dive fishery license.

             (2) Except as provided in subsections (3) and (6) of this section, after December 31, 1991, the director shall issue no new sea urchin dive fishery licenses. Only a person who meets the following qualifications may renew an existing license:

             (a) The person shall have held the sea urchin dive fishery license sought to be renewed during the previous year or acquired the license by transfer from someone who held it during the previous year; and

             (b) The person shall document, by valid shellfish receiving tickets issued by the department, that twenty thousand pounds of sea urchins were caught and sold under the license sought to be renewed during the two-year period ending March 31 of the most recent odd-numbered year.

             (3) Where the person failed to obtain the license during the previous year because of a license suspension or revocation by the department or the court, the person may qualify for a license by establishing that the person held such a license during the last year in which the person was eligible.

             (4) The director may reduce or waive the poundage requirement of subsection (2)(b) of this section upon the recommendation of a board of review established under RCW 75.30.050. The board of review may recommend a reduction or waiver of the poundage requirement in individual cases if, in the board's judgment, extenuating circumstances prevent achievement of the poundage requirement. The director shall adopt rules governing the operation of the board of review and defining "extenuating circumstances."

             (5) Sea urchin dive fishery licenses are not transferable from one license holder to another, except from parent to child, or from spouse to spouse during marriage or as a result of marriage dissolution, or upon the death of the license holder.

             (6) If fewer than forty-five persons are eligible for sea urchin dive fishery licenses, the director may accept applications for new licenses. The director shall determine by random selection the successful applicants for the additional licenses. The number of additional licenses issued shall be sufficient to maintain up to forty-five licenses in the sea urchin dive fishery. The director shall adopt rules governing the application, selection, and issuance procedure for new sea urchin dive fishery licenses, based upon recommendations of a board of review established under RCW 75.30.050.

             Sec. 105. RCW 75.30.250 and 1993 c 340 s 44 are each amended to read as follows:

             (1) ((It is unlawful to)) A person shall not commercially take while using shellfish diver gear any species of sea cucumber without first obtaining a sea cucumber dive fishery license.

             (2) Except as provided in subsection (6) of this section, after December 31, 1991, the director shall issue no new sea cucumber dive fishery licenses. Only a person who meets the following qualifications may renew an existing license:

             (a) The person shall have held the sea cucumber dive fishery license sought to be renewed during the previous two years or acquired the license by transfer from someone who held it during the previous year; and

             (b) The person shall establish, by means of dated shellfish receiving documents issued by the department, that thirty landings of sea cucumbers totaling at least ten thousand pounds were made under the license during the previous two-year period ending December 31 of the odd-numbered year.

             (3) Where the person failed to obtain the license during either of the previous two years because of a license suspension by the department or the court, the person may qualify for a license by establishing that the person held such a license during the last year in which the person was eligible.

             (4) The director may reduce or waive any landing or poundage requirement established under this section upon the recommendation of a board of review established under RCW 75.30.050. The board of review may recommend a reduction or waiver of any landing or poundage requirement in individual cases if, in the board's judgment, extenuating circumstances prevent achievement of the landing or poundage requirement. The director shall adopt rules governing the operation of the board of review and defining "extenuating circumstances."

             (5) Sea cucumber dive fishery licenses are not transferable from one license holder to another except from parent to child, from spouse to spouse during marriage or as a result of marriage dissolution, or upon death of the license holder.

             (6) If fewer than fifty persons are eligible for sea cucumber dive fishery licenses, the director may accept applications for new licenses from those persons who can demonstrate two years' experience in the Washington state sea cucumber dive fishery. The director shall determine by random selection the successful applicants for the additional licenses. The number of additional licenses issued shall be sufficient to maintain up to fifty licenses in the sea cucumber dive fishery. The director shall adopt rules governing the application, selection, and issuance procedure for new sea cucumber dive fishery licenses, based upon recommendations of a board of review established under RCW 75.30.050.

             Sec. 106. RCW 75.30.280 and 1993 c 340 s 46 are each amended to read as follows:

             (1) ((It is unlawful to)) A person shall not harvest geoduck clams commercially without a geoduck fishery license. This section does not apply to the harvest of private sector cultured aquatic products as defined in RCW 15.85.020.

             (2) Only a person who has entered into a geoduck harvesting agreement with the department of natural resources under RCW 79.96.080 may hold a geoduck fishery license.

             (3) A geoduck fishery license authorizes no taking of geoducks outside the boundaries of the public lands designated in the underlying harvesting agreement, or beyond the harvest ceiling set in the underlying harvesting agreement.

             (4) A geoduck fishery license expires when the underlying geoduck harvesting agreement terminates.

             (5) The director shall determine the number of geoduck fishery licenses that may be issued for each geoduck harvesting agreement, the number of units of gear whose use the license authorizes, and the type of gear that may be used, subject to RCW 75.24.100. In making those determinations, the director shall seek to conserve the geoduck resource and prevent damage to its habitat.

             (6) The holder of a geoduck fishery license and the holder's agents and representatives shall comply with all applicable commercial diving safety regulations adopted by the federal occupational safety and health administration established under the federal occupational safety and health act of 1970 as such law exists on May 8, 1979, 84 Stat. 1590 et seq.; 29 U.S.C. Sec. 651 et seq. A violation of those regulations is a violation of this subsection. For the purposes of this section, persons who dive for geoducks are "employees" as defined by the federal occupational safety and health act. A violation of this subsection is grounds for suspension or revocation of a geoduck fishery license following a hearing under the procedures of chapter 34.05 RCW. The department shall not suspend or revoke a geoduck fishery license if the violation has been corrected within ten days of the date the license holder receives written notice of the violation. If there is a substantial probability that a violation of the commercial diving standards could result in death or serious physical harm to a person engaged in harvesting geoduck clams, the department shall suspend the license immediately until the violation has been corrected. If the license holder is not the operator of the harvest vessel and has contracted with another person for the harvesting of geoducks, the department shall not suspend or revoke the license if the license holder terminates its business relationship with that person until compliance with this subsection is secured.

             Sec. 107. RCW 75.30.290 and 1993 c 376 s 5 are each amended to read as follows:

             ((After December 31, 1993, it is unlawful to)) A person shall not commercially deliver into any Washington state port ocean pink shrimp caught in offshore waters without an ocean pink shrimp delivery license issued under RCW 75.28.730, or an ocean pink shrimp single delivery license issued under RCW 75.30.320. An ocean pink shrimp delivery license shall be issued to a vessel that:

             (1) Landed a total of at least five thousand pounds of ocean pink shrimp in Washington in any single calendar year between January 1, 1983, and December 31, 1992, as documented by a valid shellfish receiving ticket; and

             (2) Can show continuous participation in the Washington, Oregon, or California ocean pink shrimp fishery by being eligible to land ocean pink shrimp in either Washington, Oregon, or California each year since the landing made under subsection (1) of this section. Evidence of such eligibility shall be a certified statement from the relevant state licensing agency that the applicant for a Washington ocean pink shrimp delivery license held at least one of the following permits:

             (a) For Washington: Possession of a delivery permit or delivery license issued under RCW 75.28.125 or a trawl license (other than Puget Sound) issued under RCW 75.28.140;

             (b) For Oregon: Possession of a vessel permit issued under Oregon Revised Statute 508.880; or

             (c) For California: A trawl permit issued under California Fish and Game Code sec. 8842.

             Sec. 108. RCW 75.30.350 and 1995 c 252 s 1 are each amended to read as follows:

             (1) ((Effective January 1, 1995, it is unlawful to)) A person shall not commercially fish for coastal crab in Washington state waters without a Dungeness crab—coastal or a Dungeness crab—coastal class B fishery license. Gear used must consist of one buoy attached to each crab pot. Each crab pot must be fished individually.

             (2) A Dungeness crab—coastal fishery license is transferable. Except as provided in subsection (3) of this section, such a license shall only be issued to a person who proved active historical participation in the coastal crab fishery by having designated, after December 31, 1993, a vessel or a replacement vessel on the qualifying license that singly or in combination meets the following criteria:

             (a) Made a minimum of eight coastal crab landings totaling a minimum of five thousand pounds per season in at least two of the four qualifying seasons identified in subsection (5) of this section, as documented by valid Washington state shellfish receiving tickets; and showed historical and continuous participation in the coastal crab fishery by having held one of the following licenses or their equivalents each calendar year beginning 1990 through 1993, and was designated on the qualifying license of the person who held one of the following licenses in 1994:

             (i) Crab pot—Non-Puget Sound license, issued under RCW 75.28.130(1)(b);

             (ii) Nonsalmon delivery license, issued under RCW 75.28.125;

             (iii) Salmon troll license, issued under RCW 75.28.110;

             (iv) Salmon delivery license, issued under RCW 75.28.113;

             (v) Food fish trawl license, issued under RCW 75.28.120; or

             (vi) Shrimp trawl license, issued under RCW 75.28.130; or

             (b) Made a minimum of four Washington landings of coastal crab totaling two thousand pounds during the period from December 1, 1991, to March 20, 1992, and made a minimum of eight crab landings totaling a minimum of five thousand pounds of coastal crab during each of the following periods: December 1, 1991, to September 15, 1992; December 1, 1992, to September 15, 1993; and December 1, 1993, to September 15, 1994. For landings made after December 31, 1993, the vessel shall have been designated on the qualifying license of the person making the landings; or

             (c) Made any number of coastal crab landings totaling a minimum of twenty thousand pounds per season in at least two of the four qualifying seasons identified in subsection (5) of this section, as documented by valid Washington state shellfish receiving tickets, showed historical and continuous participation in the coastal crab fishery by having held one of the qualifying licenses each calendar year beginning 1990 through 1993, and the vessel was designated on the qualifying license of the person who held that license in 1994.

             (3) A Dungeness crab-coastal fishery license shall be issued to a person who had a new vessel under construction between December 1, 1988, and September 15, 1992, if the vessel made coastal crab landings totaling a minimum of five thousand pounds by September 15, 1993, and the new vessel was designated on the qualifying license of the person who held that license in 1994. All landings shall be documented by valid Washington state shellfish receiving tickets. License applications under this subsection may be subject to review by the advisory review board in accordance with RCW 75.30.050. For purposes of this subsection, "under construction" means either:

             (a)(i) A contract for any part of the work was signed before September 15, 1992; and

             (ii) The contract for the vessel under construction was not transferred or otherwise alienated from the contract holder between the date of the contract and the issuance of the Dungeness crab-coastal fishery license; and

             (iii) Construction had not been completed before December 1, 1988; or

             (b)(i) The keel was laid before September 15, 1992; and

             (ii) Vessel ownership was not transferred or otherwise alienated from the owner between the time the keel was laid and the issuance of the Dungeness crab-coastal fishery license; and

             (iii) Construction had not been completed before December 1, 1988.

             (4) A Dungeness crab—coastal class B fishery license is not transferable. Such a license shall be issued to persons who do not meet the qualification criteria for a Dungeness crab—coastal fishery license, if the person has designated on a qualifying license after December 31, 1993, a vessel or replacement vessel that, singly or in combination, made a minimum of four landings totaling a minimum of two thousand pounds of coastal crab, documented by valid Washington state shellfish receiving tickets, during at least one of the four qualifying seasons, and if the person has participated continuously in the coastal crab fishery by having held or by having owned a vessel that held one or more of the licenses listed in subsection (2) of this section in each calendar year subsequent to the qualifying season in which qualifying landings were made through 1994. Dungeness crab—coastal class B fishery licenses cease to exist after December 31, 1999, and the continuing license provisions of RCW 34.05.422(3) are not applicable.

             (5) The four qualifying seasons for purposes of this section are:

             (a) December 1, 1988, through September 15, 1989;

             (b) December 1, 1989, through September 15, 1990;

             (c) December 1, 1990, through September 15, 1991; and

             (d) December 1, 1991, through September 15, 1992.

             (6) For purposes of this section and RCW 75.30.420, "coastal crab" means Dungeness crab (cancer magister) taken in all Washington territorial and offshore waters south of the United States-Canada boundary and west of the Bonilla-Tatoosh line (a line from the western end of Cape Flattery to Tatoosh Island lighthouse, then to the buoy adjacent to Duntz Rock, then in a straight line to Bonilla Point of Vancouver island), Grays Harbor, Willapa Bay, and the Columbia river.

             (7) For purposes of this section, "replacement vessel" means a vessel used in the coastal crab fishery in 1994, and that replaces a vessel used in the coastal crab fishery during any period from 1988 through 1993, and which vessel's licensing and catch history, together with the licensing and catch history of the vessel it replaces, qualifies a single applicant for a Dungeness crab—coastal or Dungeness crab—coastal class B fishery license. A Dungeness crab—coastal or Dungeness crab—coastal class B fishery license may only be issued to a person who designated a vessel in the 1994 coastal crab fishery and who designated the same vessel in 1995.

             Sec. 109. RCW 75.30.450 and 1994 c 260 s 16 are each amended to read as follows:

             (1) ((It is unlawful for)) A Dungeness crab—coastal fishery ((licensees to)) licensee shall not take Dungeness crab in the waters of the exclusive economic zone westward of the states of Oregon or California and land crab taken in those waters into Washington state unless the licensee also holds the licenses, permits, or endorsements, required by Oregon or California to land crab into Oregon or California, respectively.

             (2) This section becomes effective only upon reciprocal legislation being enacted by both the states of Oregon and California. For purposes of this section, "exclusive economic zone" means that zone defined in the federal fishery conservation and management act (16 U.S.C. Sec. 1802) as of January 1, 1995, or as of a subsequent date adopted by rule of the director.

             Sec. 110. RCW 75.58.010 and 1993 sp.s. c 2 s 55 are each amended to read as follows:

             (1) The director of agriculture and the director shall jointly develop a program of disease inspection and control for aquatic farmers as defined in RCW 15.85.020. The program shall be administered by the department under rules established under this section. The purpose of the program is to protect the aquaculture industry and wildstock fisheries from a loss of productivity due to aquatic diseases or maladies. As used in this section "diseases" means, in addition to its ordinary meaning, infestations of parasites or pests. The disease program may include, but is not limited to, the following elements:

             (a) Disease diagnosis;

             (b) Import and transfer requirements;

             (c) Provision for certification of stocks;

             (d) Classification of diseases by severity;

             (e) Provision for treatment of selected high-risk diseases;

             (f) Provision for containment and eradication of high-risk diseases;

             (g) Provision for destruction of diseased cultured aquatic products;

             (h) Provision for quarantine of diseased cultured aquatic products;

             (i) Provision for coordination with state and federal agencies;

             (j) Provision for development of preventative or control measures;

             (k) Provision for cooperative consultation service to aquatic farmers; and

             (l) Provision for disease history records.

             (2) The ((director)) commission shall adopt rules implementing this section. However, such rules shall have the prior approval of the director of agriculture and shall provide therein that the director of agriculture has provided such approval. The director of agriculture or the director's designee shall attend the rule-making hearings conducted under chapter 34.05 RCW and shall assist in conducting those hearings. The authorities granted the department by these rules and by RCW 75.08.080(1)(g), 75.24.080, 75.24.110, 75.28.125, 75.58.020, 75.58.030, and 75.58.040 constitute the only authorities of the department to regulate private sector cultured aquatic products and aquatic farmers as defined in RCW 15.85.020. Except as provided in subsection (3) of this section, no action may be taken against any person to enforce these rules unless the department has first provided the person an opportunity for a hearing. In such a case, if the hearing is requested, no enforcement action may be taken before the conclusion of that hearing.

             (3) The rules adopted under this section shall specify the emergency enforcement actions that may be taken by the department, and the circumstances under which they may be taken, without first providing the affected party with an opportunity for a hearing. Neither the provisions of this subsection nor the provisions of subsection (2) of this section shall preclude the department from requesting the initiation of criminal proceedings for violations of the disease inspection and control rules.

             (4) ((It is unlawful for any person to)) A person shall not violate the rules adopted under subsection (2) or (3) of this section or ((to)) violate RCW 75.58.040.

             (5) In administering the program established under this section, the department shall use the services of a pathologist licensed to practice veterinary medicine.

             (6) The director in administering the program shall not place constraints on or take enforcement actions in respect to the aquaculture industry that are more rigorous than those placed on the department or other fish-rearing entities.

             Sec. 111. RCW 77.08.010 and 1996 c 207 s 2 are each amended to read as follows:

             As used in this title or Title 75 RCW or rules adopted pursuant to ((this)) those titles, unless the context clearly requires otherwise:

             (1) "Director" means the director of fish and wildlife.

             (2) "Department" means the department of fish and wildlife.

             (3) "Commission" means the state fish and wildlife commission.

             (4) "Person" means and includes an individual, a corporation, or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.

             (5) "Fish and wildlife ((agent)) officer" means a person appointed and commissioned by the director, with authority to enforce laws and rules adopted pursuant to this title, and other statutes as prescribed by the legislature. Fish and wildlife officer includes a person commissioned before the effective date of this section as a wildlife agent.

             (6) "Ex officio fish and wildlife ((agent)) officer" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio fish and wildlife ((agent)) officer" includes ((fisheries patrol officers,)) special agents of the national marine fisheries service, state parks commissioned officers, United States fish and wildlife special agents, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.

             (7) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.

             (8) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.

             (9) "To fish" and its derivatives means an effort to kill, injure, harass, or catch a ((game)) fish.

             (10) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful hunting, fishing, or possession of game animals, game birds, or game fish that conform to the special restrictions or physical descriptions established by rule of the commission or that have otherwise been deemed legal to hunt, fish, or possess by rule of the commission. "Open season" includes the first and last days of the established time.

             (11) "Closed season" means all times, manners of taking, and places or waters other than those established by rule of the commission as an open season. "Closed season" also means all hunting, fishing, or possession of game animals, game birds, or game fish that do not conform to the special restrictions or physical descriptions established by rule of the commission as an open season or that have not otherwise been deemed legal to hunt, fish, or possess by rule of the commission as an open season.

             (12) "Closed area" means a place where the hunting of some species of wild animals or wild birds is prohibited.

             (13) "Closed waters" means all or part of a lake, river, stream, or other body of water, where fishing for game fish is prohibited.

             (14) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited.

             (15) "Bag limit" means the maximum number of game animals, game birds, or game fish which may be taken, caught, killed, or possessed by a person, as specified by rule of the commission for a particular period of time, or as to size, sex, or species.

             (16) "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state. This includes but is not limited to mammals, birds, reptiles, amphibians, fish, and invertebrates. The term "wildlife" does not include feral domestic mammals, the family Muridae of the order Rodentia (old world rats and mice), or those fish, shellfish, and marine invertebrates classified as food fish or shellfish by the director. The term "wildlife" includes all stages of development and the bodily parts of wildlife members.

             (17) "Wild animals" means those species of the class Mammalia whose members exist in Washington in a wild state and the species Rana catesbeiana (bullfrog). The term "wild animal" does not include feral domestic mammals or the family Muridae of the order Rodentia (old world rats and mice).

             (18) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.

             (19) "Protected wildlife" means wildlife designated by the commission that shall not be hunted or fished.

             (20) "Endangered species" means wildlife designated by the commission as seriously threatened with extinction.

             (21) "Game animals" means wild animals that shall not be hunted except as authorized by the commission.

             (22) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the commission.

             (23) "Game birds" means wild birds that shall not be hunted except as authorized by the commission.

             (24) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the commission.

             (25) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated as dangerous to the environment or wildlife of the state.

             (26) "Game farm" means property on which wildlife is held or raised for commercial purposes, trade, or gift. The term "game farm" does not include publicly owned facilities.

             (27) "Person of disability" means a permanently disabled person who is not ambulatory without the assistance of a wheelchair, crutches, or similar devices.

             (28) "Fish" includes all species classified as game fish or food fish by statute or rule, as well as all fin fish not currently classified as food fish or game fish if such species exist in state waters. The term "fish" includes all stages of development and the bodily parts of fish species.

             Sec. 112. RCW 77.12.055 and 1993 sp.s. c 2 s 67 are each amended to read as follows:

             (1) ((Jurisdiction and authority granted under RCW 77.12.060, 77.12.070, and 77.12.080 to the director, wildlife agents,)) Fish and wildlife officers and ex officio ((wildlife agents is limited to the laws and rules adopted pursuant to this title pertaining to wildlife or to the management, operation, maintenance, or use of or conduct on real property used, owned, leased, or controlled by the department)) fish and wildlife officers shall enforce this title, Title 75 RCW, rules of the department, and other statutes as prescribed by the legislature. However, when acting within the scope of these duties and when an offense occurs in the presence of the ((wildlife agent)) fish and wildlife officer who is not an ex officio ((wildlife agent, the wildlife agent)) fish and wildlife officer, the fish and wildlife officer may enforce all criminal laws of the state. The ((wildlife agent)) fish and wildlife officer must have successfully completed the basic law enforcement academy course sponsored by the criminal justice training commission, or a ((supplemental)) course ((in criminal law enforcement as)) approved by the department and the criminal justice training commission and provided by the department or the criminal justice training commission, prior to enforcing the criminal laws of the state.

             (2) ((Wildlife agents)) Fish and wildlife officers are peace officers.

             (3) Any liability or claim of liability ((which)) under chapter 4.92 RCW that arises out of the exercise or alleged exercise of authority by a ((wildlife agent)) fish and wildlife officer rests with the department unless the ((wildlife agent)) fish and wildlife officer acts under the direction and control of another agency or unless the liability is otherwise assumed under ((a written)) an agreement between the department and another agency.

             (4) ((Wildlife agents)) Fish and wildlife officers may serve and execute warrants and processes issued by the courts.

             (5) Fish and wildlife officers may enforce RCW 79.01.805 and 79.01.810.

             (6) To enforce the laws of this title and Title 75 RCW, fish and wildlife officers may call to their aid any ex officio fish and wildlife officer or citizen and that person shall render aid.

             NEW SECTION. Sec. 113. Based upon articulable facts that a person is engaged in fishing or hunting activities, fish and wildlife officers have the authority to temporarily stop the person and check for valid licenses, tags, permits, stamps, or catch record cards, and to inspect all fish and wildlife in possession as well as the equipment being used to ensure compliance with the requirements of this title and Title 75 RCW.

             Sec. 114. RCW 77.12.080 and 1987 c 506 s 19 are each amended to read as follows:

             ((Wildlife agents)) Fish and wildlife officers and ex officio ((wildlife agents)) fish and wildlife officers may arrest without warrant persons found violating the law or rules adopted pursuant to this title and Title 75 RCW.

             Sec. 115. RCW 77.12.090 and 1987 c 506 s 20 are each amended to read as follows:

             ((Wildlife agents,)) Fish and wildlife officers and ex officio ((wildlife agents)) fish and wildlife officers may make a reasonable search without warrant of a vessel, container, or conveyances, vehicles, packages, game baskets, game coats, or other receptacles for fish and wildlife, or tents, camps, or similar places which they have reason to believe contain evidence of a violation of law or rules adopted pursuant to this title or Title 75 RCW and seize evidence as needed for law enforcement. This does not preclude seizure of property if authorized for forfeiture as authorized by law.

             Sec. 116. RCW 77.12.095 and 1982 c 152 s 1 are each amended to read as follows:

             ((Wildlife agents)) Fish and wildlife officers may inspect without warrant at reasonable times and in a reasonable manner the premises, containers, fishing equipment, fish, and wildlife, and records required by the department of any ((commercial enterprise operating under the authority of a license or permit issued by the department or any commercial business that sells, stores, transports, or possesses wildlife)) commercial fisher, wholesale dealer or fish buyer, shipping agent, or of any other person placing or attempting to place fish or wildlife into interstate commerce, or any cold storage plant that the department has probable cause to believe contains fish or wildlife, or of any taxidermist or fur buyer. Fish and wildlife officers may inspect without warrant the records required by the department of any retail outlet selling fish or wildlife or both, and, if the officers have probable cause to believe a violation of this title or rules of the commission has occurred, they may inspect without warrant the premises, containers, and fish and wildlife of any retail outlet selling fish or wildlife or both.

             Sec. 117. RCW 77.12.120 and 1980 c 78 s 26 are each amended to read as follows:

             ((Upon complaint showing probable cause for believing that wildlife unlawfully caught, taken, killed, controlled, possessed, or transported, is concealed or kept in a game basket, game coat, package, or other receptacle for wildlife, or at a business place, vehicle, or other place, the)) On a showing of probable cause that there has been a violation of any fish or wildlife law of the state of Washington, or upon a showing of probable cause to believe that evidence of such violation may be found at a place, a court shall issue a search warrant ((and have the place searched for wildlife)) or arrest warrant. Fish and wildlife officers may execute any such arrest or search warrant reasonably necessary to their duties under this title or Title 75 RCW and may seize fish and wildlife or any evidence of a crime and the fruits or instrumentalities of a crime as provided by warrant. The court may have a building, enclosure, vehicle, vessel, container, or receptacle opened or entered and the contents examined.

             Sec. 118. RCW 77.16.010 and 1987 c 506 s 58 are each amended to read as follows:

             ((It is unlawful to)) A person shall not promote, conduct, hold, or sponsor a contest for the hunting or fishing of wildlife or a competitive field trial involving live wildlife for hunting dogs without first obtaining a hunting or fishing contest permit. Contests and field trials shall be held in accordance with established rules.

             Sec. 119. RCW 77.16.020 and 1996 c 207 s 3 are each amended to read as follows:

             (((1) It is unlawful to hunt, fish, or possess a game animal, game bird, or game fish during closed season for that game animal, game bird, or game fish except as provided in RCW 77.12.105 or 77.12.265.

             (2) It is unlawful to kill, take, catch, possess, or control a game animal, game bird, or game fish in excess of the number fixed as the bag limit for that game animal, game bird, or game fish.

             (3) It is unlawful to hunt within a game reserve or to fish for game fish within closed waters.

             (4) It is unlawful to hunt wild birds or wild animals within a closed area except as authorized by rule of the commission.

             (5) It is unlawful to hunt or fish for wildlife, practice taxidermy for profit, deal in raw furs for profit, act as a fishing guide, or operate a game farm, stock game fish, or collect wildlife for research or display, without having in possession the license, permit, tag, stamp, or catch record card required by chapter 77.32 RCW or rule of the department. The activities described in this subsection shall be conducted in accordance with rules adopted pursuant to this title.

             (6))) For the purposes of ((this section)) establishing a season or bag limit restriction on Canada goose hunting, the department shall not consider leg length or bill length of dusky Canada geese (Branta canadensis occidentalis).

             Sec. 120. RCW 77.16.095 and 1987 c 506 s 63 are each amended to read as follows:

             ((It is unlawful to mutilate)) The commission may adopt rules governing the possession of fish and wildlife so that the size, species, or sex ((cannot)) can be determined visually in the field or while being transported. ((The director may prescribe specific criteria for field identification to satisfy this section.))

             Sec. 121. RCW 77.16.170 and 1993 sp.s. c 2 s 75 are each amended to read as follows:

             ((It is unlawful to take a wild animal from another person's trap without permission, or to spring, pull up, damage, possess, or destroy the trap; however, it is not unlawful for)) A property owner, lessee, or tenant ((to)) may remove a trap placed on the owner's, lessee's, or tenant's posted or fenced property by a trapper.

             Trappers shall attach to the chain of their traps or devices a legible metal tag with either the department identification number of the trapper or the name and address of the trapper in English letters not less than one-eighth inch in height.

             When ((an individual)) a property owner, lessee, or tenant presents a trapper identification number to the department for a trap found upon the property of the owner, lessee, or tenant and requests identification of the trapper, the department shall provide the ((individual)) requestor with the name and address of the trapper. Prior to disclosure of the trapper's name and address, the department shall obtain the name and address of the requesting individual in writing and after disclosing the trapper's name and address to the requesting individual, the requesting individual's name and address shall be disclosed in writing to the trapper whose name and address was disclosed.

             Sec. 122. RCW 77.16.220 and 1980 c 78 s 89 are each amended to read as follows:

             ((It is unlawful to)) A person shall not divert water from a lake, river, or stream containing game fish unless the water diversion device is equipped at or near its intake with a fish guard or screen to prevent the passage of game fish into the device and, if necessary, with a means of returning game fish from immediately in front of the fish guard or screen to the waters of origin. A person who is now otherwise lawfully diverting water from a lake, river or stream shall not be deemed guilty of a violation of this section.

              Plans for the fish guard, screen, and bypass shall be approved by the director prior to construction. The installation shall be approved by the director prior to the diversion of water.

             The director may close a water diversion device operated in violation of this section and keep it closed until it is properly equipped with a fish guard, screen, or bypass.

             Sec. 123. RCW 77.32.350 and 1992 c 41 s 1 are each amended to read as follows:

             In addition to a basic hunting license, a supplemental license, permit, or stamp is required to hunt for quail, partridge, pheasant, or migratory waterfowl, to hunt with a raptor, or to hunt wild animals with a dog.

             (1) A hound permit is required to hunt wild animals, except rabbits and hares, with a dog. The fee for this permit is twelve dollars.

             (2) An eastern Washington upland game bird permit is required to hunt for quail, partridge, and pheasant in eastern Washington. The fee for this permit is ten dollars.

             (3) A western Washington upland game bird permit is required to hunt for quail, partridge, and pheasant in western Washington. The fee for this permit is thirty-five dollars. Western Washington upland game bird permits must contain numbered spaces for recording the location and date of harvest of each western Washington pheasant. ((It is unlawful to)) A person shall not harvest a western Washington pheasant without immediately recording this information on the permit.

             (4) Effective January 1, 1993, the permit shall be available as a season option, a juvenile full season option, or a two-day option. The fee for this permit is:

             (a) For the full season option, thirty-five dollars;

             (b) For the juvenile full season or the two-day option, twenty dollars.

             For the purposes of this subsection a juvenile is defined as a person under fifteen years of age upon the opening date of the western Washington pheasant season.

             (5) Western Washington upland game permits are valid for the following number of pheasants and harvesting pheasants in excess of these numbers requires another permit:

             (a) A full season permit is valid for no more than ten pheasants;

             (b) A juvenile full season permit is valid for no more than six pheasants;

             (c) A two-day permit is valid for no more than four pheasants.

             (6) A falconry license is required to possess or hunt with a raptor, including seasons established exclusively for hunting in that manner. The fee for this license is thirty-six dollars.

             (7) A migratory waterfowl stamp affixed to a basic hunting license is required for all persons sixteen years of age or older to hunt migratory waterfowl. The fee for the stamp is six dollars.

             (8) The migratory waterfowl stamp shall be validated by the signature of the licensee written across the face of the stamp.

             (9) The migratory waterfowl stamps required by this section expire on March 31st following the date of issuance.

             NEW SECTION. Sec. 124. REPEALER. The following acts or parts of acts are each repealed:

                                       (1)        RCW 75.10.010 and 1996 c 267 s 4;

                                       (2)        RCW 75.10.020 and 1996 c 267 s 5, 1983 1st ex.s. c 46 s 33, & 1955 c 12 s 75.08.170;

                                       (3)        RCW 75.10.030 and 1996 c 267 s 6, 1990 c 144 s 5, 1983 1st ex.s. c 46 s 34, & 1955 c 12 s 75.36.010;

                                       (4)        RCW 75.10.040 and 1996 c 267 s 7, 1983 1st ex.s. c 46 s 35, 1980 c 78 s 134, & 1955 c 12 s 75.08.200;

                                       (5)        RCW 75.10.050 and 1996 c 267 s 8, 1983 1st ex.s. c 46 s 36, & 1955 c 12 s 75.08.280;

                                       (6)        RCW 75.10.060 and 1983 1st ex.s. c 46 s 37 & 1955 c 12 s 75.36.040;

                                       (7)        RCW 75.10.080 and 1983 1st ex.s. c 46 s 39 & 1955 c 12 s 75.36.050;

                                       (8)        RCW 75.10.090 and 1983 1st ex.s. c 46 s 40 & 1955 c 12 s 75.08.180;

                                       (9)        RCW 75.10.110 and 1996 c 267 s 10, 1990 c 144 s 6, 1987 c 380 s 16, 1983 1st ex.s. c 46 s 42, 1979 ex.s. c 99 s 1, & 1955 c 12 s 75.08.260;

                                       (10)      RCW 75.10.120 and 1996 c 267 s 11, 1990 c 144 s 7, 1983 1st ex.s. c 46 s 43, 1979 ex.s. c 99 s 2, 1957 c 171 s 5, & 1955 c 12 s 75.28.380;

                                       (11)      RCW 75.10.130 and 1996 c 267 s 12, 1983 1st ex.s. c 46 s 44, & 1979 ex.s. c 99 s 3;

                                       (12)      RCW 75.10.140 and 1996 c 267 s 13, 1990 c 163 s 7, 1984 c 80 s 4, 1983 1st ex.s. c 46 s 45, & 1979 ex.s. c 141 s 7;

                                       (13)      RCW 75.10.170 and 1996 c 267 s 15 & 1990 c 63 s 5;

                                       (14)      RCW 75.10.180 and 1996 c 267 s 16 & 1990 c 144 s 1;

                                       (15)      RCW 75.10.190 and 1996 c 267 s 17 & 1990 c 144 s 2;

                                       (16)      RCW 75.10.200 and 1996 c 267 s 18, 1993 sp.s. c 2 s 26, & 1990 c 144 s 3;

                                       (17)      RCW 75.10.210 and 1990 c 144 s 4;

                                       (18)      RCW 75.12.020 and 1996 c 267 s 19, 1983 1st ex.s. c 46 s 49, & 1955 c 12 s 75.12.020;

                                       (19)      RCW 75.12.031 and 1983 1st ex.s. c 46 s 51 & 1955 c 12 s 75.20.070;

                                       (20)      RCW 75.12.070 and 1996 c 267 s 20, 1983 1st ex.s. c 46 s 53, & 1955 c 12 s 75.12.070;

                                       (21)      RCW 75.12.090 and 1990 c 144 s 8, 1983 1st ex.s. c 46 s 54, 1982 c 14 s 1, & 1955 c 12 s 75.12.090;

                                       (22)      RCW 75.12.100 and 1996 c 267 s 21, 1983 1st ex.s. c 46 s 55, & 1955 c 12 s 75.12.100;

                                       (23)      RCW 75.12.115 and 1996 c 267 s 22, 1983 1st ex.s. c 46 s 56, & 1971 ex.s. c 106 s 1;

                                       (24)      RCW 75.12.120 and 1985 c 51 s 7, 1983 1st ex.s. c 46 s 57, & 1955 c 12 s 75.12.120;

                                       (25)      RCW 75.12.125 and 1983 1st ex.s. c 46 s 58;

                                       (26)      RCW 75.12.127 and 1993 c 340 s 49;

                                       (27)      RCW 75.12.400 and 1983 1st ex.s. c 46 s 64 & 1982 c 14 s 2;

                                       (28)      RCW 75.12.410 and 1983 1st ex.s. c 46 s 66 & 1955 c 12 s 75.08.130;

                                       (29)      RCW 75.12.420 and 1996 c 267 s 23, 1983 1st ex.s. c 46 s 67, & 1955 c 12 s 75.08.210;

                                       (30)      RCW 75.12.430 and 1983 1st ex.s. c 46 s 68 & 1955 c 12 s 75.08.220;

                                       (31)      RCW 75.24.050 and 1996 c 267 s 25, 1983 1st ex.s. c 46 s 80, & 1955 c 12 s 75.24.050;

                                       (32)      RCW 75.24.090 and 1996 c 267 s 26, 1983 1st ex.s c 46 s 84, 1955 c 212 s 7, & 1955 c 12 s 75.24.090;

                                       (33)      RCW 75.25.150 and 1994 c 255 s 7, 1993 sp.s. c 17 s 9, 1989 c 305 s 13, 1984 c 80 s 9, & 1983 1st ex.s. c 46 s 99;

                                       (34)      RCW 77.12.060 and 1987 c 506 s 17, 1980 c 78 s 18, 1961 c 68 s 1, & 1955 c 36 s 77.12.060;

                                       (35)      RCW 77.12.070 and 1987 c 506 s 18, 1980 c 78 s 19, 1971 ex.s. c 173 s 1, 1961 c 68 s 2, & 1955 c 36 s 77.12.070;

                                       (36)      RCW 77.16.040 and 1987 c 506 s 60, 1980 c 78 s 72, 1971 ex.s. c 166 s 4, 1961 c 75 s 1, & 1955 c 36 s 77.16.040;

                                       (37)      RCW 77.16.050 and 1980 c 78 s 73 & 1955 c 36 s 77.16.050;

                                       (38)      RCW 77.16.060 and 1993 sp.s. c 2 s 73, 1987 c 506 s 61, 1980 c 78 s 74, & 1955 c 36 s 77.16.060;

                                       (39)      RCW 77.16.080 and 1987 c 506 s 62, 1980 c 78 s 76, & 1955 c 36 s 77.16.080;

                                       (40)      RCW 77.16.090 and 1980 c 78 s 77 & 1955 c 36 s 77.16.090;

                                       (41)      RCW 77.16.100 and 1980 c 78 s 79, 1977 ex.s. c 275 s 1, & 1955 c 36 s 77.16.100;

                                       (42)      RCW 77.16.110 and 1987 c 506 s 64, 1980 c 78 s 80, & 1955 c 36 s 77.16.110;

                                       (43)      RCW 77.16.120 and 1980 c 78 s 81 & 1955 c 36 s 77.16.120;

                                       (44)      RCW 77.16.130 and 1987 c 506 s 65, 1980 c 78 s 82, & 1955 c 36 s 77.16.130;

                                       (45)      RCW 77.16.150 and 1987 c 506 s 66, 1980 c 78 s 83, & 1955 c 36 s 77.16.150;

                                       (46)      RCW 77.16.160 and 1980 c 78 s 84 & 1955 c 36 s 77.16.160;

                                       (47)      RCW 77.16.180 and 1987 c 506 s 67, 1980 c 78 s 86, & 1955 c 36 s 77.16.180;

                                       (48)      RCW 77.16.190 and 1980 c 78 s 87 & 1955 c 36 s 77.16.190;

                                       (49)      RCW 77.16.250 and 1989 c 297 s 5, 1980 c 78 s 93, & 1955 c 36 s 77.16.250;

                                       (50)      RCW 77.16.260 and 1980 c 78 s 94, 1955 c 85 s 1, & 1955 c 36 s 77.16.260;

                                       (51)      RCW 77.16.310 and 1981 c 310 s 4, 1980 c 78 s 125, & 1979 ex.s. c 127 s 1;

                                       (52)      RCW 77.16.320 and 1987 c 506 s 68, 1981 c 310 s 5, & 1980 c 44 s 1;

                                       (53)      RCW 77.16.330 and 1987 c 506 s 104 & 1985 c 243 s 3;

                                       (54)      RCW 77.16.610 and 1982 c 155 s 3;

                                       (55)      RCW 77.21.010 and 1988 c 265 s 3;

                                       (56)      RCW 77.21.040 and 1989 c 314 s 5, 1987 c 506 s 72, 1980 c 78 s 25, & 1955 c 36 s 77.12.110; and

                                       (57)      RCW 77.21.060 and 1989 c 314 s 6, 1987 c 506 s 73, 1980 c 78 s 122, & 1955 c 36 s 77.32.260.

             NEW SECTION. Sec. 125. RECODIFICATION. The following sections are recodified as new sections in the chapter created in section 128 of this act:

             RCW 75.10.100

             RCW 75.10.220

             RCW 75.12.320

             RCW 77.12.120

             RCW 77.12.130

             RCW 77.16.135

             NEW SECTION. Sec. 126. SHORT TITLE. This chapter may be known and cited as the fish and wildlife enforcement code.

             NEW SECTION. Sec. 127. CAPTIONS NOT LAW. Captions used in this chapter are not any part of the law.

             NEW SECTION. Sec. 128. Sections 1 through 48, 50 through 66, 68, 69, 113, 126, and 127 of this act constitute a new chapter in Title 77 RCW.

             NEW SECTION. Sec. 129. The enactment of chapter . . ., Laws of 1998 (this act) does not terminate, or in any way modify, any liability, civil or criminal, that was in existence on the effective date of this section."

             On page 1, line 1 of the title, after "enforcement;" strike the remainder of the title and insert "amending RCW 75.12.320, 77.16.135, 75.08.011, 75.08.160, 75.08.274, 75.08.295, 75.08.300, 75.12.010, 75.12.015, 75.12.040, 75.12.132, 75.12.140, 75.12.210, 75.12.230, 75.12.390, 75.12.440, 75.12.650, 75.20.040, 75.20.060, 75.20.103, 75.20.110, 75.24.080, 75.24.100, 75.24.110, 75.28.010, 75.28.045, 75.28.095, 75.28.113, 75.28.125, 75.28.710, 75.28.740, 75.30.070, 75.30.140, 75.30.160, 75.30.210, 75.30.250, 75.30.280, 75.30.290, 75.30.350, 75.30.450, 75.58.010, 77.08.010, 77.12.055, 77.12.080, 77.12.090, 77.12.095, 77.12.120, 77.16.010, 77.16.020, 77.16.095, 77.16.170, 77.16.220, and 77.32.350; reenacting and amending RCW 75.20.100 and 75.30.130; adding a new chapter to Title 77 RCW; creating a new section; recodifying RCW 75.10.100, 75.10.220, 75.12.320, 77.12.120, 77.12.130, and 77.16.135; repealing RCW 75.10.010, 75.10.020, 75.10.030, 75.10.040, 75.10.050, 75.10.060, 75.10.080, 75.10.090, 75.10.110, 75.10.120, 75.10.130, 75.10.140, 75.10.170, 75.10.180, 75.10.190, 75.10.200, 75.10.210, 75.12.020, 75.12.031, 75.12.070, 75.12.090, 75.12.100, 75.12.115, 75.12.120, 75.12.125, 75.12.127, 75.12.400, 75.12.410, 75.12.420, 75.12.430, 75.24.050, 75.24.090, 75.25.150, 77.12.060, 77.12.070, 77.16.040, 77.16.050, 77.16.060, 77.16.080, 77.16.090, 77.16.100, 77.16.110, 77.16.120, 77.16.130, 77.16.150, 77.16.160, 77.16.180, 77.16.190, 77.16.250, 77.16.260, 77.16.310, 77.16.320, 77.16.330, 77.16.610, 77.21.010, 77.21.040, and 77.21.060; and prescribing penalties."

             Representative Buck moved the adoption of the following amendment (1161) to amendment (1160):

             On page 12, line 6, strike all of subsection (5).

             Representatives Buck and Regala spoke in favor of the adoption of the amendment.

             The amendment to the amendment was adopted.

             Representative Buck moved the adoption of the following amendment (1159) to amendment (1160):

             On page 24, line 9, after "is a" insert "gross"

             On page 24, line 27, after "is a" insert "gross"

             On page 32, beginning on line 24, strike all of subsection (1)

             Renumber the remaining subsections consecutively and correct internal references

             On page 75, beginning on line 11, strike all material through "officers" on page 75, line 15, and insert the following:

             "However, when acting within the scope of these duties and when an offense occurs in the presence of the ((wildlife agent)) fish and wildlife officer who is not an ex officio ((wildlife agent, the wildlife agent)) fish and wildlife officer, the fish and wildlife officer"

             Renumber the remaining subsections consecutively and correct internal references

             Representatives Buck and Regala spoke in favor of the adoption of the amendment.

             The amendment to the amendment was adopted.

             The Speaker (Representative Pennington presiding) stated the question before the House to be adoption of amendment (1160) as amended.

             Representatives Buck, Regala, Eickmeyer and Alexandeer spoke in favor of the adoption of the amendment (1160) as amended.

             The amendment as amended 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 Buck, Regala and Linville spoke in favor of passage of the bill.

             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6328, as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6328, as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.

             Voting nay: Representative Sommers, D. - 1.

             Engrossed Substitute Senate Bill No. 6328, as amended by the House, having received the constitutional majority, was declared passed.

MOTION FOR RECONSIDERATION

             Representative Robertson, having voted on the prevailing side, moved that the rules be suspended, and that the House immediately reconsider the vote on Engrossed Substitute House Bill No. 6328 as amended by the House. The motion was carried.

RECONSIDERATION

             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 6328, as amended by the House on reconsideration.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 6328 as amended by the House on reconsideration and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.

             Engrossed Substitute House Bill No. 6328, as amended by the House, on reconsideration, having received the constitutional majority, was declared passed.

             There being no objection, the House reverted to the fourth order of business.

INTRODUCTIONS AND FIRST READING

HB 3130           by Representatives Tokuda, Van Luven, Ballasiotes, Skinner, Hankins, Grant, Kenney, Mason, Veloria, Fisher, Butler, Doumit, Dickerson, Regala, Conway, Wolfe, Ogden, Keiser, Cody, Linville, Morris, Cole, Scott, Anderson, Hatfield, Romero, Murray, Gardner, Eickmeyer, Kessler, Appelwick, Chopp, Poulsen, Cooper, Costa, Wood, O'Brien, Constantine, Quall and H. Sommers

Ensuring equal opportunity in public employment, education, and contracting.

             Held on first reading from 2/25/98.

HB 3135           by Representatives Dunshee, Constantine, Scott, Dunn and Kessler

             Removing the requirement that the veterans' preference must be used within eight years.

             Held on first reading.

ESSB 6187       by Senate Committee on Law & Justice (originally sponsored by Senators Stevens, Oke, Schow, Benton, Zarelli and Swecker)

Adding penalties for alcohol offenders.

Referred to Rules Committee.

E2SSB 6562     by Senate Committee on Ways & Means (originally sponsored by Senators Schow, Heavey, Rasmussen and Anderson)

Providing relief for the equine industry.

SB 6758            by Senators Long, Hargrove and West

Repealing the expiration date for the work ethic camp program.

             There being no objection, the bills listed on the day's introduction sheet under the fourth order of business were referred to the committees so designated.

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

             There being no objection, the rules were suspended and the following bills were placed on second reading:

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6562,

SENATE BILL NO. 6758,

RESOLUTION

             HOUSE RESOLUTION NO. 98-4711, by Representatives Cody and Veloria

             WHEREAS, Athletics is one of the most effective ways for American teenagers to develop leadership skills, self-discipline, initiative, and confidence; and

             WHEREAS, The communication and cooperation skills learned through athletics play a key role in the contributions of teenagers to home, school, and community; and

             WHEREAS, The honor of being a teenager representing your high school across the country reflects positively upon the character of the school, the students, the parents, and the community; and

             WHEREAS, Six students from Chief Sealth High School in Seattle completed a cross-country journey on in-line skates promoting Project Turning Point; and

             WHEREAS, Project Turning Point is a program where students and administrators design activities to improve the school campus and its image, and epitomizes what high school students can do when allowed to use the education they have been given on projects they have ownership and control of; and

             WHEREAS, The White House honored the Chief Sealth students and noted them as examples for President Clinton's Back To School campaign; and

             WHEREAS, This Back To School campaign is a coalition of more than three thousand business, community, religious, and education organizations that encourages parents, grandparents, community leaders, employers and employees, members of the arts community, religious leaders, and every caring adult to play a more active role in improving education in their communities; and

             WHEREAS, Project Turning Point is a model for others desiring to contribute in a positive manner for the benefit of the community and the schools;

             NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives honor and congratulate Amanda Kirk, Arturo Martinez, Jason Munoz, Alden Kroll, Amanda Hagar, and Justin Kuhn for their hard work, dedication, and sacrifice in achieving this significant accomplishment; and

             BE IT FURTHER RESOLVED, That the teachers, classmates, parents, and community of Seattle be recognized for the important part they played in helping these students excel; and

             BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Amanda Kirk, Arturo Martinez, Jason Munoz, Alden Kroll, Amanda Hagar, and Justin Kuhn.

             Representative Cody moved adoption of the resolution.

             Representatives Cody and Veloria spoke in favor of the adoption of the resolution.

             House Resolution No. 4711 was adopted.

             The Speaker assumed the chair.

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

             There being no objection, the rules were suspended, and the Rules X File was relieved of further consideration of House Bill No. 2715 and the bill was placed on second reading.

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

SECOND READING

             SUBSTITUTE SENATE BILL NO. 5355, by Senate Committee on Ways & Means (originally sponsored by Senators Benton, Brown, Swecker, Finkbeiner, Patterson, Rossi and Winsley)

Exempting certain property donated to charitable organizations.

             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 B. Thomas and Dickerson spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 5355.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5355 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.

             Substitute Senate Bill No. 5355, having received the constitutional majority, was declared passed.

             SECOND SUBSTITUTE SENATE BILL NO. 6214, by Senate Committee on Ways & Means (originally sponsored by Senators Long, Hargrove, McDonald, Deccio, Franklin, Stevens, Strannigan, Wood, Schow, Swecker, Hale, Sellar, Thibaudeau, Haugen, Winsley and Oke)

Revising provisions relating to commitment of mentally ill persons.

             The bill was read the second time.

             There being no objection, the committee amendment by the Committee on Criminal Justice & Corrections as amended by the Committee on Appropriations was before the House for purpose of amendments. (For committee amendment, see Journal, 47th Day, February 27, 1998 and Journal, 50th Day, March 2, 1998.)

             Representative Ballasiotes moved the adoption of amendment (1155) to the committee amendment:

             On page 53, after line 15, insert:

             "NEW SECTION. Sec. 55. This act shall expire on June 30, 2001.

             NEW SECTION. Sec. 56. The joint legislative audit and review committee shall conduct an evaluation of the efficiency and effectiveness of this act in meeting its stated goals. Such an evaluation shall include the operation of the state mental hospitals and the regional support networks, as well as any other appropriate entity. The joint legislative audit and review committee shall prepare an interim report of its findings which shall be delivered to the appropriate legislative committees of the house of representatives and the senate no later than September 1, 2000. In addition, the joint legislative audit and review committee shall prepare a final report of its findings which shall be delivered to the appropriate legislative committees of the house of representatives and the senate no later than January 1, 2001."

             Renumber the sections consecutively and correct internal references accordingly.

             Representatives Ballasiotes and Constantine spoke in favor of the adoption of the amendment to the committee amendment.

             The amendment to the committee amendment was adopted.

             The Speaker stated the question before the House to be the committee amendment by Committee on Criminal Justice & Corrections as amended by the Committee on Appropriations as amended. 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 Ballasiotes, Constantine and Dunshee spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of Second Substitute Senate Bill No. 6214, as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 6214, as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.

             Second Substitute Senate Bill No. 6214, as amended by the House, having received the constitutional majority, was declared passed.

             SUBSTITUTE SENATE BILL NO. 6208, by Senate Committee on Human Services & Corrections (originally sponsored by Senators Hargrove, Long, Franklin, Winsley and Oke)

Revising procedures for at-risk youth.

             The bill was read the second time.

             There being no objection, the committee amendment by the Committee on Children & Family Services as amended by the Committee on Appropriations was before the House for purpose of amendments. (For committee amendment, see Journal, 47th Day, February 27, 1998 and Journal, 50th Day, March 2, 1998.)

             Representative Kastama moved the adoption of amendment (1156) to the committee amendment:

             On page 12, after line 35, insert the following:

             "NEW SECTION.        Sec. 10. A new section is added to chapter 71.34 RCW to read as follows:

             For the purpose of gathering information related to parent-initiated mental health treatment, the department shall report to the appropriate committees of the legislature by December 1 of each year the following information:

             (a) The total number of parent-initiated admissions of minors to evaluation and treatment facilities under section 16 of this act for the prior year;

             (b) The number of minors in the prior year admitted to evaluation or treatment facilities under section 16 of this act who are released from treatment, pursuant to RCW 71.34.025(3), because the department determined that it was not a medical necessity to continue the minor’s treatment on an inpatient basis;

             (c) The lengths of time in treatment for minors admitted in the prior year to evaluation and treatment facilities under section 16 of this act."

             Renumber remaining sections consecutively and correct internal references.

             Representatives Kastama and Cooke spoke in favor of the adoption of the amendment to the committee amendment.

             The amendment to the committee amendment was adopted.

             The Speaker stated the question before the House to be adoption of the committee amendment by the Committee on Children & Family Services as amended by the Committee on Appropriations as amended. The 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 Katama and Cody spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 6208, as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6208, as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.

             Substitute Senate Bill No. 6208, as amended by the House, having received the constitutional majority, was declared passed.

MESSAGE FROM THE SENATE

March 6, 1998

Mr. Speaker:

             The President has signed:

HOUSE BILL NO. 1308,

SUBSTITUTE HOUSE BILL NO. 1977,

HOUSE BILL NO. 2293,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2346,

ENGROSSED HOUSE BILL NO. 2350,

HOUSE BILL NO. 2357,

SECOND SUBSTITUTE HOUSE BILL NO. 2430,

HOUSE BILL NO. 2476,

SUBSTITUTE HOUSE BILL NO. 2523,

HOUSE BILL NO. 2534,

SUBSTITUTE HOUSE BILL NO. 2576,

HOUSE BILL NO. 2577,

HOUSE BILL NO. 2698,

HOUSE BILL NO. 2788,

HOUSE BILL NO. 2797,

HOUSE BILL NO. 2907,

HOUSE BILL NO. 2965,

SUBSTITUTE HOUSE BILL NO. 2998,

HOUSE JOINT MEMORIAL NO. 4032,

SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4035,

and the same are herewith transmitted.

Mike O'Connell, Secretary

             ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6562, by Senate Committee on Ways & Means (originally sponsored by Senators Schow, Heavey, Rasmussen and Anderson)

             Providing relief for the equine industry.

             The bill was read the second time.

             Representative B. Thomas moved the adoption of amendment (1136):

             On page 8, beginning on line 17, strike all of section 13 and section 14

             Renumber the remaining sections consecutively and correct any internal references accordingly.

             On page 9, after line 9, insert the following:

             "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, 1998, in the omnibus appropriations act, this act is null and void."

             Correct the title.

             Representatives B. Thomas and Dunshee spoke in favor of the adoption of the amendment.

             The 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 Robertson, Cody, Morris, Clements, Wood and Dunn spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of Engrossed Second Substitute Senate Bill No. 6562, as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6562, as amended by the House, and the bill passed the House by the following vote: Yeas - 91, Nays - 7, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 91.

             Voting nay: Representatives Conway, Dickerson, Fisher, Lantz, Regala, Romero, Sommers, H. - 7.

             Engrossed Second Substitute Senate Bill No. 6562, as amended by the House, having received the constitutional majority, was declared passed.

             SENATE BILL NO. 6758, by Senators Long, Hargrove and West

             Repealing the expiration date for the work ethic camp program.

             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 Koster spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of Senate Bill No. 6758.

ROLL CALL

             The Clerk called the roll on the final passage of Senate Bill No. 6758 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.

             Senate Bill No. 6758, having received the constitutional majority, was declared passed.

             ENGROSSED SUBSTITUTE SENATE BILL NO. 6622, by Senate Committee on Energy & Utilities (originally sponsored by Senator Finkbeiner; by request of Utilities & Transportation Commission)

Implementing the federal telecommunications act of 1996.

             The bill was read the second time.

             There being no objection, the committee amendment(s) by the Committee on Energy & Utilities was before the House for purpose of amendments. (For committee amendment(s), see Journal, 47th Day, February 27, 1998.)

             Representative Poulsen moved the adoption of amendment (1151) to the committee amendment:

             On page 1, beginning on line 7, after "shall", strike "plan and prepare to implement" and insert "establish"

             On page 1, after line 9, strike " the legislature approves the program" and insert "July 1, 1999"

             On page 1, beginning on line 17, after "program", strike "for approval by the legislature"

             On page 2, line 10, after "is", strike "approved by the legislature and subsequently"

             On page 3, line 27, after "to" strike "either"

             On page 3, beginning on line 27, after "program", strike "or to adopt new rules"

             On page 3, line 38, after "until", strike "the legislature has approved a state universal service program" and insert "July 1, 1999"

             Representatives Poulsen and Morris spoke in favor of the adoption of the amendment.

             Representative Crouse spoke against the adoption of the amendment.

             Representative Hatfield demanded an electronic roll call and the demand was sustained.

             The Speaker stated the question before the House to be adoption of amendment 1151 to the committee amendment to Engrossed Substitute Senate Bill No. 6622.

ROLL CALL

             The Clerk called the roll on the adoption of amendment 1151 to the committee amendment, and the amendment to Engrossed Substitute Senate Bill No. 6622 was not adopted by the following vote: Yeas - 43, Nays - 55, Absent - 0, Excused - 0.

             Voting yea: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, McDonald, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Sullivan, Thomas, B., Tokuda, Veloria, Wolfe and Wood - 43.

             Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 55.

             With the consent of the House, amendment 1152 was withdrawn.

             Representative Crouse moved the adoption of amendment (1115) to the committee amendment:

             On page 2, beginning on line 29, strike "not already recovered through existing fees" and insert "not otherwise recovered through fees"

             On page 3, beginning on line 33, strike "not already recovered through existing fees" and insert "not otherwise recovered through fees"

             Representatives Crouse and Poulsen spoke in favor of the adoption of the amendment.

             The amendment to the committee amendment was adopted.

             Representative Morris moved the adoption of amendment (1168) to the committee amendment:

             On page 3, line 12, after "network" insert "at bandwidth sufficient to support voice communications and data communications at speeds reasonably available within the state"

             Representative Morris spoke in favor of the adoption of the amendment.

             Representative Crouse spoke against the adoption of the amendment.

             Representative Hatfield demanded an electronic roll call and the demand was sustained.

             The Speaker stated the question before the House to be adoption of amendment 1168 to the committee amendment to Engrossed Substitute Senate Bill No. 6622.

ROLL CALL

             The Clerk called the roll on the adoption of the amendment 1168 to the committee amendment and the amendment to Engrossed Substitute Senate Bill No. 6622 was not adopted by the following vote: Yeas - 39, Nays - 59, Absent - 0, Excused - 0.

             Voting yea: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Romero, Scott, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 39.

             Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Regala, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 59.

             Representative Crouse moved the adoption of amendment (1116) to the committee amendment:

             On page 3, after line 22, insert the following:

             "(8) Each telecommunications carrier that provides intrastate telecommunications services shall provide whatever information the commission may reasonably require in order to fulfill the commission’s responsibilities under subsection (2) of this section."

             Representatives Crouse and Poulsen spoke in favor of the adoption of the amendment.

             The amendment to the committee amendment was adopted.

             The Speaker stated the question before the House to be the adoption of the committee amendment as amended. The committee amendment as amended 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 Crouse and DeBolt spoke in favor of passage of the bill.

             Representatives Poulsen and Morris spoke against passage of the bill.

COLLOQUY

             Representative Poulsen asked Representative Crouse to yield to a question.

             Representative Poulsen: As you know, universal service is already a part of the telecommunications policy of this state. Under existing law, the Utilities and Transportation Commission can promote universal service in its regulation of rates and its adoption of rules applying to regulated services and companies. What effect, if any, do sections 1 through 3 of Engrossed Substitute Senate Bill No. 6622 as amended by the House have on the existing authority or responsibility of the Utilities and Transportation Commission?

             Representative Crouse: Sections 1 through 3 have no effect on the existing authority or responsibility of the Utilities and Transportation Commission. Those sections direct the commision to develop a new mechanism for universal service, which cannot go into effect without further legislative action, but those sections neither increase nor reduce the commission's authority and responsibility under existing law to promote universal service in the commission's regulation of rates and adoption of rules.

             The Speaker stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6622, as amended by the House.

ROLL CALL

             The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6622, as amended by the House, and the bill passed the House by the following vote: Yeas - 69, Nays - 29, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Cooper, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Eickmeyer, Hankins, Hickel, Honeyford, Huff, Johnson, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, O'Brien, Parlette, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 69.

             Voting nay: Representatives Appelwick, Chopp, Cody, Cole, Constantine, Conway, Costa, Dickerson, Dunshee, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Mason, Morris, Murray, Ogden, Poulsen, Regala, Romero, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 29.

             Engrossed Substitute Senate Bill No. 6622, as amended by the House, having received the constitutional majority, was declared passed.

             SENATE BILL NO. 6311, by Senators Snyder, Prince, Rasmussen and Goings

Exempting assembly halls or meeting places used for the promotion of specific educational purposes from property taxation.

             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 B. Thomas, Dunshee, Hatfield and Pennington spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of Senate Bill No. 6311.

ROLL CALL

             The Clerk called the roll on the final passage of Senate Bill No. 6311 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.

             Senate Bill No. 6311, having received the constitutional majority, was declared passed.

             SENATE BILL NO. 6400, by Senators Brown, Finkbeiner, Oke and Thibaudeau; by request of Department of Social and Health Services

Extending the Washington telephone assistance program through 2003.

             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 B. Thomas and Morris spoke in favor of passage of the bill.

             The Speaker stated the question before the House to be final passage of Senate Bill No. 6400.

ROLL CALL

             The Clerk called the roll on the final passage of Senate Bill No. 6400 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.

             Senate Bill No. 6400, having received the constitutional majority, was declared passed.

             ENGROSSED SUBSTITUTE SENATE BILL NO. 6515, by Senate Committee on Energy & Utilities (originally sponsored by Senators Strannigan, Finkbeiner, Morton and Swecker)

Regulating franchises and the use of public rights of way.

             The bill was read the second time.

             There being no objection, the committee amendment(s) by the Committee on Transportation Policy & Budget was not adopted. (For committee amendment(s), see Journal, 50th Day, March 2, 1998.)

             Representative Hankins moved the adoption of amendment (1172):

             Strike everything after the enacting clause and insert the following:

             "NEW SECTION. Sec. 1. (1) The legislature finds that the federal telecommunications act of 1996 has provided the opportunity to expand the uses of publicly owned rights of way to allow for the provision of enhanced telecommunications services. Presently, providers of these services are confronted with differing development regulations and franchise requirements across this state's two hundred seventy-seven cities and thirty-nine counties. The legislature finds the array of varying regulations and requirements to be a significant barrier to enhancing the telecommunications services to the citizens of the state, and desires more uniformity and reasonableness in the application of these regulations. However, states that have recently enacted laws relating to the use of public rights of way for telecommunications services have been challenged in court. Court decisions and relevant federal communications commission rulings will be issued after the legislature adjourns. Therefore, the most prudent course of action requires further work and cooperation between public policymakers, government administrators, and the telecommunications industry to effectuate the policy of this state.

             (2) The legislature hereby declares it the policy of the state of Washington to: Promote policies that encourage competition in telecommunications and results in new entrants into the industry; encourage the development of telecommunications infrastructure without violating the letter or spirit of Article VIII, sections 5 and 7 of the state Constitution; reduce regulatory obstacles that inhibit investment in the state's telecommunications system; maintain safe public roads, highways, and streets; and provide responsible stewardship of the public's investment in its rights of ways.

             NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout chapter . . ., Laws of 1998 (this act).

             (1) "Authorized facilities" means all of the plant, equipment, fixtures, appurtenances, antennas, and other facilities necessary to furnish and deliver telecommunications services and cable television services, including but not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables, communication and signal lines and equipment, braces, guys, anchors, vaults, and all attachments, appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications services and cable television services.

             (2) "Authorized user" means every corporation, company, association, joint stock association, partnership, and person; their lessees, trustees, or receivers appointed by any court whatsoever; and every city or town owning, operating, or managing any facilities used to provide telecommunications for hire, sale, or resale to the general public within this state.

             (3) "Cable television service" means the one-way transmission to subscribers of video programming or other programming service and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.

             (4) "Limited access highways" means those public rights of way designated as limited access under authority of the laws of the state of Washington.

             (5) "Public right of way" means public roads, streets, and highways, and does not include:

             (a) Limited access highways;

             (b) Land dedicated for roads, streets, and highways not opened or improved for motor vehicle use;

             (c) Structures located within the right of way;

             (d) Federally granted trust lands and the forest board trust lands;

             (e) Private property or easement rights on private property; and

             (f) Federally granted railroad rights of way acquired under 43 U.S.C. Sec. 912 and related provisions of federal law.

             (6) "Telecommunications service" means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means for the general public. For the purpose of chapter . . ., Laws of 1998 (this act), telecommunications services excludes the over-the-air transmission of broadcast television or radio signals. For the purpose of this subsection, "information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols.

             NEW SECTION. Sec. 3. (1) The state, counties, cities, or towns shall not unreasonably deny the use of public right of way for the purposes of locating authorized facilities for telecommunications services or cable television services, provided:

             (a) The authorized facilities comply with applicable land use and construction codes, regulations, standards, and lease and franchise requirements adopted by the state, counties, cities, and towns not inconsistent with state law;

             (b) The authorized facilities are installed and maintained within public rights of way in such manner and at such points so as not to inconvenience the public use of the rights of way;

             (c) The authorized users obtain all permits required for the installation of authorized facilities as required by the state, counties, cities, and towns;

             (d) The authorized facilities are installed, constructed, maintained, and operated at the expense and liability of the authorized user;

             (e) The use of the public right of way by authorized facilities does not create, expand, or extend liability of the state, counties, cities, or towns to a third party user of authorized facilities;

             (f) The use of a facility or structure in the public right of way, or attachment to it, or the use of public property that is not public right of way has received the explicit approval of, and is under such conditions as may be agreed to by, the owner of the facility, structure, or property.

             (2) The reasons for a denial of the use of the right of way where the request complies with subsection (1)(a) through (f) of this section shall be clearly stated in writing.

             (3) Nothing in this section creates, modifies, or diminishes the priority of use for authorized facilities over other users of the right of way for other purposes.

             NEW SECTION. Sec. 4. (1) Counties, cities, and towns may not adopt or enforce land use and construction codes, regulations, standards, or lease and franchise requirements that:

             (a) Conflict with or duplicate the jurisdiction or requirements of the Washington utilities and transportation commission for approval to offer telecommunications services;

             (b) Conflict with federal or state laws, rules, and regulations that specifically apply to the design, construction, and operation of authorized facilities or with federal or state worker safety or public safety laws, rules, and regulations;

             (c) Regulate services of authorized users based upon the content or type of signals that are carried or are capable of being carried over the telecommunications facilities, except where specifically authorized in state or federal law.

             (2) Nothing in this section limits the authority of the counties, cities, and towns to regulate the placement of authorized facilities through local zoning authority as long as:

             (a) The regulations do not prohibit the placement of authorized facilities within the county, city, or town nor have the effect of a barrier to entry;

             (b) The regulations do not unreasonably discriminate or have the effect of unreasonably discriminating between similarly situated authorized users or authorized facilities.

             NEW SECTION. Sec. 5. (1) Except as provided in subsection (2) of this section, a county, city, or town shall not place a moratorium on the acceptance and processing of applications, permitting, construction, maintenance, repair, replacement, extension, operation, or use of any personal wireless communication facility after the effective date of this section. An existing moratorium that expires after the effective date of this section shall not be extended in whole or in part.

             (2)(a) A city or town incorporated after the effective date of this section shall be permitted to impose one moratorium that shall not exceed one hundred eighty days and shall not be extendable.

             (b) Upon the expiration of the moratorium authorized by (a) of this subsection, the authorizing city or town is subject to subsection (1) of this section.

             (3) Counties, cities, and towns are encouraged to work together with industry, using the experience of the industry and those counties, cities, and towns that have adopted wireless regulations, to develop policies and provisions for the siting of wireless telecommunications facilities.

             (4) Subsections (1) and (2) of this section apply to moratoriums one hundred twenty days after the adoption of a model ordinance or on April 1, 1999, whichever occurs first.

             (5) This section expires October 1, 2003.

             NEW SECTION. Sec. 6. (1) The state, counties, cities, and towns shall adopt procedures that enable each of these jurisdictions to issue permits for authorized facilities within one hundred twenty days from an applicant's filing of a complete application for a permit until issuance of the permit, except:

             (a) Where required by specific procedures to assure cooperation of work within the right of way that provides reasonable opportunities for scheduling of work, including advance notice of planned work, and that do not impose unreasonable barriers to entry;

             (b) With the agreement of the applicant;

             (c) Where permits require the approval of another unit of government that cannot be obtained within the one hundred twenty-day period;

             (d) Where franchises are required that require the approval of the legislative body of the jurisdiction, if procedures allow the interim installation of authorized facilities where the timeline to complete such a franchise agreement is expected to exceed one hundred twenty days;

             (e) That issuance and renewals of franchises and related permits for cable television service are governed by federal law.

             (2) For purposes of this section, the state, counties, cities, and towns shall adopt by rule or ordinance the specific requirements necessary to deem an application for a permit full and complete, and shall provide a copy of the requirements to all applicants.

             NEW SECTION. Sec. 7. (1) Unless the legislative authority of a county, city, or town has taken legislative action prior to January 1, 1998, a county, city, or town shall not begin installation, or cause to be installed, equipment, facilities, or other infrastructure, including but not limited to conduit, for the purpose of allowing a county, city, or town to provide for-profit telecommunications or cable television services to the general public.

             (2) This section expires October 1, 2003.

             NEW SECTION. Sec. 8. Except as provided in section 7 of this act, chapter . . ., Laws of 1998 (this act) does not amend, limit, repeal, or otherwise modify the authority of cities or counties to regulate cable television services as provided under federal law.

             Sec. 9. RCW 35.21.860 and 1983 2nd ex.s. c 3 s 39 are each amended to read as follows:

             (1) No city or town may impose a franchise fee or any other fee ((or)), charge, or compensation of whatever nature or description upon the light and power, or gas distribution businesses, as defined in RCW 82.16.010, or ((telephone business, as defined in RCW 82.04.065)) an authorized user for the use of public right of way, except that (a) a tax authorized by RCW 35.21.865 may be imposed and (b) ((a fee)) fees and other requirements may be ((charged to)) imposed on such businesses that, except for authorized users of a public right of way, recovers actual administrative expenses incurred by a city or town that are directly related to receiving and approving a permit, license, and franchise, to inspecting plans and construction, or to the preparation of a detailed statement pursuant to chapter 43.21C RCW. A city or town may impose fees on authorized users for the use of a public right of way to recover costs as set forth under section 11 of this act.

             (2) Subsection (1) of this section does not prohibit franchise fees imposed on an electrical energy, natural gas, or telephone business, by contract existing on April 20, 1982, with a city or town, for the duration of the contract, but the franchise fees shall be considered taxes for the purposes of the limitations established in RCW 35.21.865 and 35.21.870 to the extent the fees exceed the costs allowable under subsection (1) of this section.

             Sec. 10. RCW 36.55.010 and 1963 c 4 s 36.55.010 are each amended to read as follows:

             Any board of county commissioners may grant franchises to persons or private or municipal corporations to use the right of way of county roads in their respective counties for the construction and maintenance of waterworks, gas pipes, ((telephone, telegraph)) authorized facilities as defined in section 1 of this act, and electric light lines, sewers, and any other such facilities, except that no franchise fee or any other fee or charge or compensation of whatever nature or description may be imposed for the use of the public right of way for authorized facilities except as provided in section 11 of this act.

             NEW SECTION. Sec. 11. (1) Counties, cities, and towns may impose fees to recover:

             (a) The direct administrative expenses actually incurred by the county, city, or town in receiving and approving a construction or development permit, inspecting plans and construction, and development and maintenance of record systems and excavation authorizations systems;

             (b) Costs of ongoing maintenance, repair, or restoration of the right of way reasonably related to the impact of the installation, maintenance, and use of the authorized facility; and

             (c) Preparing a detailed statement pursuant to chapter 43.21C RCW.

             (2) Nothing in this section or in RCW 35.21.860 and 36.55.010 limits or otherwise restricts counties, cities, or towns from collecting franchise fees, charges, or other compensation under terms mutually agreeable between a county, city, or town and an authorized user.

             NEW SECTION. Sec. 12. (1) There is hereby created a telecommunications right of way advisory committee. The advisory committee shall develop policies and provisions for the state relating to franchises, fees, and compensation for use of the rights of way by providers of telecommunications services. The committee shall ensure that recommended policies allow all authorized users an opportunity to access the rights of way, and that any compensation for access to the rights of way are limited to amounts that are fair, just, reasonable, and sufficient.

             (2) The advisory committee shall be comprised of:

             (a) Two members of the house of representatives transportation policy and budget committee, one from each political party, as appointed by the speaker of the house of representatives. The speaker shall also designate two alternate members to serve if the appointed members are unavailable;

             (b) Two members of the senate transportation committee, one from each political party, as appointed by the president of the senate. The president shall also designate two alternate members to serve if the appointed members are unavailable;

             (c) One member of the house of representatives appropriations committee, as appointed by the speaker of the house of representatives. The speaker shall also designate an alternate member to serve if the appointed member is unavailable;

             (d) One member of the senate ways and means committee, as appointed by the president of the senate. The president shall also designate an alternate member to serve if the appointed member is unavailable;

             (e) Two representatives of the governor;

             (f) The secretary of the department of transportation or a designee; and

             (g) The director of the department of information services or a designee.

             (3) The advisory committee shall make its recommendations to the legislative transportation committee by December 1, 1998.

             NEW SECTION. Sec. 13. 1997 c 457 s 512 (uncodified) is repealed.

             NEW SECTION. Sec. 14. Sections 9 through 11 of this act expire June 30, 1999.

             NEW SECTION. Sec. 15. Sections 1 through 8 of this act constitute a new chapter in Title 47 RCW.

             NEW SECTION. Sec. 16. 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 takes effect immediately."

             Correct the title.

             Representative Fisher moved the adoption of amendment (1175) to amendment 1172:

             Beginning on page 5, line 34, strike all of section 7

             Renumber the remaining sections consecutively, and correct internal references accordingly.

             Representative Fisher spoke in favor of the adoption of the amendment.

             Representative Hankins spoke against the adoption of the amendment.

             The amendment to the amendment was not adopted.

             Representative Cooper moved the adoption of amendment 1174 to amendment 1172:

             Beginning on page 7, line 32, strike all of subsection (2) and insert the following:

             "(2) The advisory committee shall be comprised of: