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FIFTY SEVENTH DAY





MORNING SESSION


House Chamber, Olympia, Monday, March 6, 2000


             The House was called to order at 10:00 a.m. by Speaker Pro Tempore Ogden. 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 Marcy Curtiss and Jared Curtiss. The Speaker led the chamber in the Pledge of Allegiance. Prayer was offered by Reverend Anthony Robinson, Plymouth Congregational Church, United Church of Christ, Seattle.


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


MESSAGE FROM THE SENATE

March 5, 2000

Mr. Speaker:


             The Senate has passed:

ENGROSSED SUBSTITUTE SENATE BILL NO. 6404,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6499,

SUBSTITUTE SENATE BILL NO. 6845,

SUBSTITUTE SENATE BILL NO. 6856,

and the same are herewith transmitted.

Tony M. Cook, Secretary


RESOLUTIONS


             HOUSE RESOLUTION NO. 2000-4776, by Representatives Keiser, Lambert, Ruderman, Kastama, Talcott, Fortunato, Schoesler, Haigh, Skinner, Linville, Stensen, Ogden, Schual-Berke, Wolfe, Woods, Dickerson, Kagi, Kenney, Veloria, Edwards, Romero, Scott, Reardon, Wensman, Carlson, Hankins, Esser and Thomas


             WHEREAS, March has been designated "Women's History Month" and is, therefore, a time to commemorate and honor the many contributions, both celebrated and unacknowledged, that women from all walks of American society have made to enrich our national character and enhance our cultural prosperity; and

             WHEREAS, For over 80 years, Girl Scouts of the United States of America has empowered young women from all segments of American life by promoting the self-reliance and resourcefulness that creates indispensable women leaders for our nation's communities; and

             WHEREAS, The World Association of Girl Guides and Girl Scouts has spread this empowering vision of unity throughout the world by sharing the common goals of confident independence and united collaboration with over 3.5 million young women representing more than 80 different nations; and

             WHEREAS, Juliette Gordon Low established herself as a leader in the continuing struggle for women's equality by establishing the Girl Scouts in 1912 with the vision of an organization that would bring young women out of their "cloistered home environments and experience the open air"; and

             WHEREAS, This contribution to American history has been a fundamental influence in the lives of a profound diversity of former Girl Scouts who have gone on to become great American leaders including Olympic Gold Medalist Jackie Joyner-Kersee, Astronaut Dr. Sally Ride, Women's Rights Activist Gloria Steinem, and others who continue to bestow their contributions in the areas of art, science, business, law, and culture; and

             WHEREAS, Throughout its history, the Girl Scouts has balanced the traditional values that it was founded upon with programs supporting the development of young women leaders as they seek to improve challenging contemporary social issues such as child abuse, youth suicide, and literacy; and

             WHEREAS, Over 32,000 young women and 12,000 adults are involved in outstanding leadership activities through Washington state's five regional councils of the Girl Scouts: The Girl Scouts - Totem Council, Girl Scouts Mid-Columbia Council, Girl Scouts Inland Empire Council, Girl Scouts - Pacific Peaks Council, and Girl Scouts Columbia River Council; and

             WHEREAS, The Girl Scout Law reads, "I will do my best to be honest and fair, friendly and helpful, considerate and caring, courageous and strong, and responsible for what I say and do, and to respect myself and others, respect authority, use resources wisely, make the world a better place, and be a sister to every Girl Scout";

             NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives applaud the diligent efforts and esteemed accomplishments of the five Washington state councils of the Girl Scouts of the United States of America and applaud the many positive programs that the Girl Scouts of the United States of America has provided for young women; and

             BE IT FURTHER RESOLVED, That the Washington State House of Representatives encourage all agencies of state government to recognize the services and benefits that are provided by the Girl Scouts of the United States of America and support the efforts of youth organizations that are working for the betterment of our communities; and

             BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Co-Chief Clerks of the House of Representatives to Gary Locke, Governor of the state of Washington; the Governor's cabinet officers; all state-wide elected officials; the Girl Scouts of the United States of America national headquarters; and all five Girl Scouts of the United States of America regional councils in Washington state.


             Representative Keiser moved adoption of the resolution.


             Representatives Keiser and Talcott spoke in favor of the adoption of the resolution.


             House Resolution No. 2000-4776 was adopted.


             HOUSE RESOLUTION NO. 2000-4777, by Representatives Quall, Doumit, Hatfield, Wensman and Carlson


             WHEREAS, Many of the greatest moments in human history are marked by perseverance in the face of daunting adversity, the display of boundless courage and unity in the quest for a common goal, the domination of sheer will and strength of character, and the triumph of the meek over the mighty; and

             WHEREAS, The glory of sport has long embodied this spirit of achievement, and the outstanding athletic performance of ordinary individuals in extraordinary circumstances has long captivated the hearts and minds of the American people; and

             WHEREAS, Among the teams invited to participate in the 1936 Washington State Championship Basketball Tournament was Willapa Valley High, a small "B" school from Menlo, Washington, with a total enrollment of 96 students and only 36 boys; and

             WHEREAS, In the first game of the tournament Valley faced the unbeaten squad from the much larger school, Lewis and Clark, and handed them a 43-39 defeat; and

             WHEREAS, On the second day of the tournament Valley High upset the powerful team from Walla Walla by a score of 34-33, creating much excitement and causing observers to frantically ask the question "Where is Valley?"; and

             WHEREAS, Following a 32-31 victory over Everett, the boys from Menlo had systematically defeated the three largest schools in the tournament, who had also been the pretournament favorites to win the championship; and

             WHEREAS, In the final championship game Valley battled Hoquiam on even terms until a last second basket tied the score at 26, forcing a gut-wrenching overtime period; and

             WHEREAS, In the final three minutes of overtime Valley scored six points to Hoquiam's two, thus winning the 1936 State Championship in what is considered by many to be the most thrilling tournament championship game of all time;

             NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives remember this monumental event, recognize the members of the team: Bob Tisdale, 1st team All-State, Russell Eyer, Bud Alexander, 2nd team All-State, Ray Kraus, John Rosentangle, Carl Wiseman, Don Evavold, Al Belmont, Joe Drazil, Stanley Domin, coaches T. Armand Brim and Ed Tenoski, and manager Eddie Brigham, and honor their contribution to the annals of sports history in Washington State.


             Representative Quall moved adoption of the resolution.


             Representatives Quall, Hatfield and Doumit spoke in favor of the adoption of the resolution.


             House Resolution No. 2000-4777 was adopted.


             HOUSE RESOLUTION NO. 2000-4782, by Representatives G. Chandler, McDonald, Mulliken, Bush, Wensman, Carlson, Hankins, Skinner, Fortunato, Koster, Parlette and Pflug


             WHEREAS, Ed McLeary began his first fish farm in 1945 at the spring-fed headwaters of Rocky Ford Creek near Soap Lake, Washington; and

             WHEREAS, Today Troutlodge, Inc., founded by Ed and his wife, Lois, is the world's largest producer of live rainbow trout eggs, with over 350 million eggs shipped to many states in the United States and over 30 foreign countries; and

             WHEREAS, Troutlodge has established itself as a renowned salmonid breeding specialist; and

             WHEREAS, Since the mid-1970s, Ed, his two sons, Randy and Russell, and daughter, Janis, have successfully operated the expansion of the business into international markets; and

             WHEREAS, Through their process of selection, new strains, temperature control, photo adaptation, and more than forty years of concentration, Ed and his family have been able to constantly supply live rainbow trout eggs throughout the year; and

             WHEREAS, This constant supply helped expand world trout production by more than doubling the amount of trout produced; and

             WHEREAS, Ed has been recognized as an industry leader from the very beginning; and

             WHEREAS, He recognized how important political activity was to the industry and worked to gain the Internal Revenue Service's recognition of fish farming as an agricultural pursuit; and

             WHEREAS, In 1995 he received the United States Trout Farmers Association Distinguished White Award; and

             WHEREAS, The United States Fish and Wildlife Service's National Fish Culture Hall of Fame has been established to recognize those persons who have made significant contributions to the advancement of fish culture in the United States; and

             WHEREAS, In May of this year, Ed will be inducted into the National Fish Culture Hall of Fame by unanimous consent of the American Fisheries Society Fish Culture Section membership;

             NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives salute, commend, and honor Ed McLeary for his induction into the National Fish Culture Hall of Fame and for his lifetime contributions to the aquaculture industry in Washington state, and for his entrepreneurial spirit that has led to the McLeary family reputation as the world-renowned producers and breeding specialists of rainbow trout and salmon; and

             BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Co-Chief Clerks of the House of Representatives to Ed McLeary and the entire McLeary family, the personnel of Troutlodge, and the American fish farming industry.


             Representative G. Chandler moved adoption of the resolution.


             Representatives G. Chandler, McDonald, Parlette and Bush spoke in favor of the adoption of the resolution.


             House Resolution No. 2000-4782 was adopted.


SENATE AMENDMENTS TO HOUSE BILL

March 3, 2000

Mr. Speaker:


             The Senate has passed Substitute House Bill No. 2939 with the following amendment(s)


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. (1) The department of general administration shall work with commercial and industrial construction industry organizations to develop guidelines for implementing on-site construction waste management planning. The topics addressed in the guidelines shall include, but shall not be limited to:

             (a) Standards for identifying the type of wastes generated during construction;

             (b) Methods for analyzing the availability and cost-effectiveness of recycling services for each type of waste;

             (c) Methods for evaluating construction waste management alternatives given limited recycling services in rural areas of the state;

             (d) Strategies to maximize reuse and recycling of wastes and minimize landfill disposal;

             (e) Standardized formats for on-site construction waste management planning and reporting documents; and

             (f) A training and technical assistance plan for public and private building owners and construction industry members, in order to facilitate incorporation of waste management planning and recycling into standard construction industry practice.

             (2) By December 15, 2000, the department of general administration shall provide a report to the legislature on the development of the guidelines required by subsection (1) of this section. The report shall include recommendations for incorporating job-site waste management planning and recycling into standard construction industry practice.


             Sec. 2. RCW 43.19.1905 and 1995 c 269 s 1402 are each amended to read as follows:

             The director of general administration shall establish overall state policy for compliance by all state agencies, including educational institutions, regarding the following purchasing and material control functions:

             (1) Development of a state commodity coding system, including common stock numbers for items maintained in stores for reissue;

             (2) Determination where consolidations, closures, or additions of stores operated by state agencies and educational institutions should be initiated;

             (3) Institution of standard criteria for determination of when and where an item in the state supply system should be stocked;

             (4) Establishment of stock levels to be maintained in state stores, and formulation of standards for replenishment of stock;

             (5) Formulation of an overall distribution and redistribution system for stock items which establishes sources of supply support for all agencies, including interagency supply support;

             (6) Determination of what function data processing equipment, including remote terminals, shall perform in state-wide purchasing and material control for improvement of service and promotion of economy;

             (7) Standardization of records and forms used state-wide for supply system activities involving purchasing, receiving, inspecting, storing, requisitioning, and issuing functions, including a standard notification form for state agencies to report cost-effective direct purchases, which shall at least identify the price of the goods as available through the division of purchasing, the price of the goods as available from the alternative source, the total savings, and the signature of the notifying agency's director or the director's designee;

             (8) Screening of supplies, material, and equipment excess to the requirements of one agency for overall state need before sale as surplus;

             (9) Establishment of warehouse operation and storage standards to achieve uniform, effective, and economical stores operations;

             (10) Establishment of time limit standards for the issuing of material in store and for processing requisitions requiring purchase;

             (11) Formulation of criteria for determining when centralized rather than decentralized purchasing shall be used to obtain maximum benefit of volume buying of identical or similar items, including procurement from federal supply sources;

             (12) Development of criteria for use of leased, rather than state owned, warehouse space based on relative cost and accessibility;

             (13) Institution of standard criteria for purchase and placement of state furnished materials, carpeting, furniture, fixtures, and nonfixed equipment, in newly constructed or renovated state buildings;

             (14) Determination of how transportation costs incurred by the state for materials, supplies, services, and equipment can be reduced by improved freight and traffic coordination and control;

             (15) Establishment of a formal certification program for state employees who are authorized to perform purchasing functions as agents for the state under the provisions of chapter 43.19 RCW;

             (16) Development of performance measures for the reduction of total overall expense for material, supplies, equipment, and services used each biennium by the state;

             (17) Establishment of a standard system for all state organizations to record and report dollar savings and cost avoidance which are attributable to the establishment and implementation of improved purchasing and material control procedures;

             (18) Development of procedures for mutual and voluntary cooperation between state agencies, including educational institutions, and political subdivisions for exchange of purchasing and material control services;

             (19) Resolution of all other purchasing and material matters which require the establishment of overall state-wide policy for effective and economical supply management;

             (20) Development of guidelines and criteria for the purchase of vehicles, alternate vehicle fuels and systems, equipment, and materials that reduce overall energy-related costs and energy use by the state, including the requirement that new passenger vehicles purchased by the state meet the minimum standards for passenger automobile fuel economy established by the United States secretary of transportation pursuant to the energy policy and conservation act (15 U.S.C. Sec. 2002);

             (21) Development of goals for state use of recycled and environmentally preferable products through specifications for products and services, processes for requests for proposals and requests for qualifications, contractor selection, and contract negotiations.


             Sec. 3. RCW 43.19A.020 and 1996 c 198 s 1 are each amended to read as follows:

             (1) The ((USEPA)) federal product standards, ((as now or hereafter amended)) adopted under 42 U.S.C. Sec. 6962(e) as it exists on the effective date of this act, are adopted as the minimum standards for the state of Washington. These standards shall be implemented for at least the products listed in (((a) and (b) of)) this subsection ((by the dates indicated)), unless the director finds that a different standard would significantly increase recycled product availability or competition.

             (a) ((By July 1, 1997:

             (i))) Paper and paper products;

             (((ii))) (b) Organic recovered materials; ((and

             (iii))) (c) Latex paint products;

             (((b) By July 1, 1997:

             (i))) (d) Products for lower value uses containing recycled plastics;

             (((ii))) (e) Retread and remanufactured tires;

             (((iii))) (f) Lubricating oils;

             (((iv))) (g) Automotive batteries;

             (((v))) (h) Building ((insulation)) products and materials;

             (((vi))) (i) Panelboard; and

             (((vii))) (j) Compost products.

             (2) By July 1, 2001, the director shall adopt product standards for strawboard manufactured using as an ingredient straw that is produced as a by-product in the production of cereal grain or turf or grass seed.

             (3) The standards required by this section shall be applied to recycled product purchasing by the department ((and)), other state agencies, and state postsecondary education institutions. The standards may be adopted or applied by any other local government in product procurement. The standards shall provide for exceptions under appropriate circumstances to allow purchases of recycled products that do not meet the minimum content requirements of the standards.


             NEW SECTION. Sec. 4. The legislature encourages city, county, and state governments, the private sector, and consumers to collaborate in sharing information and becoming informed about opportunities for increasing voluntary product stewardship to support the state's recycling goals. For purposes of this section, "product stewardship" means a principle that directs all actors in the life cycle of a product to minimize impacts of that product on the environment.


             Sec. 5. RCW 39.04.133 and 1996 c 198 s 5 are each amended to read as follows:

             (1) The state's preferences for the purchase and use of recycled content products shall be included as a factor in the design and development of state capital improvement projects.

             (2) ((Specifications for materials in state construction projects shall include the use of recycled content products and recyclable products whenever practicable.)) If a construction project receives state public funding, the product standards, as provided in RCW 43.19A.020, shall apply to the materials used in the project, whenever the administering agency and project owner determine that such products would be cost-effective and are readily available.

             (3) This section does not apply to contracts entered into by a municipality.


             NEW SECTION. Sec. 6. A new section is added to chapter 81.77 RCW to read as follows:

             (1) As an incentive to increase recycling and reduce landfill disposal, the commission shall allow a solid waste collection company collecting recyclable materials from residential customers to retain a portion of the revenue derived from the sale of increased recyclable materials tonnage. In order to qualify to participate in a recycling revenue sharing program each hauler must submit to the commission a plan certified by the appropriate local government authority as being consistent with the local government solid waste management plan and specifying the 1999 per capita recycling base as determined by the local government. Provided, that customers shall receive one hundred percent of the revenue derived from the sale of recyclable materials, up to the established per capita base. Customers shall receive sixty percent of the revenue derived from the sale of recyclable materials exceeding the established per capita base.

             (2) By December 2, 2004, the commission shall provide a report to the legislature that evaluates:

             (a) The effectiveness of revenue sharing as an incentive to increase recycling in the state; and

             (b) The effect of revenue sharing on costs to customers.

             (3) This section expires December 31, 2005.


             Sec. 7. RCW 70.95.010 and 1989 c 431 s 1 are each amended to read as follows:

             The legislature finds:

             (1) Continuing technological changes in methods of manufacture, packaging, and marketing of consumer products, together with the economic and population growth of this state, the rising affluence of its citizens, and its expanding industrial activity have created new and ever-mounting problems involving disposal of garbage, refuse, and solid waste materials resulting from domestic, agricultural, and industrial activities.

             (2) Traditional methods of disposing of solid wastes in this state are no longer adequate to meet the ever-increasing problem. Improper methods and practices of handling and disposal of solid wastes pollute our land, air and water resources, blight our countryside, adversely affect land values, and damage the overall quality of our environment.

             (3) Considerations of natural resource limitations, energy shortages, economics and the environment make necessary the development and implementation of solid waste recovery and/or recycling plans and programs.

             (4) Waste reduction must become a fundamental strategy of solid waste management. It is therefore necessary to change manufacturing and purchasing practices and waste generation behaviors to reduce the amount of waste that becomes a governmental responsibility.

             (5) Source separation of waste must become a fundamental strategy of solid waste management. Collection and handling strategies should have, as an ultimate goal, the source separation of all materials with resource value or environmental hazard.

             (6)(a) It is the responsibility of every person to minimize his or her production of wastes and to separate recyclable or hazardous materials from mixed waste.

             (b) It is the responsibility of state, county, and city governments to provide for a waste management infrastructure to fully implement waste reduction and source separation strategies and to process and dispose of remaining wastes in a manner that is environmentally safe and economically sound. It is further the responsibility of state, county, and city governments to monitor the cost-effectiveness and environmental safety of combusting separated waste, processing mixed waste, and recycling programs.

             (c) It is the responsibility of county and city governments to assume primary responsibility for solid waste management and to develop and implement aggressive and effective waste reduction and source separation strategies.

             (d) It is the responsibility of state government to ensure that local governments are providing adequate source reduction and separation opportunities and incentives to all, including persons in both rural and urban areas, and nonresidential waste generators such as commercial, industrial, and institutional entities, recognizing the need to provide flexibility to accommodate differing population densities, distances to and availability of recycling markets, and collection and disposal costs in each community; and to provide county and city governments with adequate technical resources to accomplish this responsibility.

             (7) Environmental and economic considerations in solving the state's solid waste management problems requires strong consideration by local governments of regional solutions and intergovernmental cooperation.

             (8) The following priorities for the collection, handling, and management of solid waste are necessary and should be followed in descending order as applicable:

             (a) Waste reduction;

             (b) Recycling, with source separation of recyclable materials as the preferred method;

             (c) Energy recovery, incineration, or landfill of separated waste;

             (d) Energy recovery, incineration, or landfilling of mixed wastes.

             (9) It is the state's goal to achieve a fifty percent recycling rate by ((1995)) 2005.

             (10) It is the state's goal that programs be established to eliminate disposal of residential or commercial yard debris in landfills by 2010.

             (11) Steps should be taken to make recycling at least as affordable and convenient to the ratepayer as mixed waste disposal.

             (((11))) (12) It is necessary to compile and maintain adequate data on the types and quantities of solid waste that are being generated and to monitor how the various types of solid waste are being managed.

             (((12))) (13) Vehicle batteries should be recycled and the disposal of vehicle batteries into landfills or incinerators should be discontinued.

             (((13))) (14) Excessive and nonrecyclable packaging of products should be avoided.

             (((14))) (15) Comprehensive education should be conducted throughout the state so that people are informed of the need to reduce, source separate, and recycle solid waste.

             (((15))) (16) All governmental entities in the state should set an example by implementing aggressive waste reduction and recycling programs at their workplaces and by purchasing products that are made from recycled materials and are recyclable.

             (((16))) (17) To ensure the safe and efficient operations of solid waste disposal facilities, it is necessary for operators and regulators of landfills and incinerators to receive training and certification.

             (((17))) (18) It is necessary to provide adequate funding to all levels of government so that successful waste reduction and recycling programs can be implemented.

             (((18))) (19) The development of stable and expanding markets for recyclable materials is critical to the long-term success of the state's recycling goals. Market development must be encouraged on a state, regional, and national basis to maximize its effectiveness. The state shall assume primary responsibility for the development of a multifaceted market development program to carry out the purposes of this act.

             (((19))) (20) There is an imperative need to anticipate, plan for, and accomplish effective storage, control, recovery, and recycling of discarded tires and other problem wastes with the subsequent conservation of resources and energy.


             Sec. 8. RCW 70.95.030 and 1998 c 36 s 17 are each amended to read as follows:

             As used in this chapter, unless the context indicates otherwise:

             (1) "City" means every incorporated city and town.

             (2) "Commission" means the utilities and transportation commission.

             (3) "Committee" means the state solid waste advisory committee.

             (4) "Composted material" means organic solid waste that has been subjected to controlled aerobic degradation at a solid waste facility in compliance with the requirements of this chapter. Natural decay of organic solid waste under uncontrolled conditions does not result in composted material.

             (5) "Department" means the department of ecology.

             (6) "Director" means the director of the department of ecology.

             (7) "Disposal site" means the location where any final treatment, utilization, processing, or deposit of solid waste occurs.

             (8) "Energy recovery" means a process operating under federal and state environmental laws and regulations for converting solid waste into usable energy and for reducing the volume of solid waste.

             (9) "Functional standards" means criteria for solid waste handling expressed in terms of expected performance or solid waste handling functions.

             (10) "Incineration" means a process of reducing the volume of solid waste operating under federal and state environmental laws and regulations by use of an enclosed device using controlled flame combustion.

             (11) "Jurisdictional health department" means city, county, city-county, or district public health department.

             (12) "Landfill" means a disposal facility or part of a facility at which solid waste is placed in or on land and which is not a land treatment facility.

             (13) "Local government" means a city, town, or county.

             (14) "Modify" means to substantially change the design or operational plans including, but not limited to, removal of a design element previously set forth in a permit application or the addition of a disposal or processing activity that is not approved in the permit.

             (15) "Multiple family residence" means any structure housing two or more dwelling units.

             (16) "Person" means individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.

             (17) "Recyclable materials" means those solid wastes that are separated for recycling or reuse, such as papers, metals, and glass, that are identified as recyclable material pursuant to a local comprehensive solid waste plan. Prior to the adoption of the local comprehensive solid waste plan, adopted pursuant to RCW 70.95.110(2), local governments may identify recyclable materials by ordinance from July 23, 1989.

             (18) "Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration.

             (19) "Residence" means the regular dwelling place of an individual or individuals.

             (20) "Sewage sludge" means a semisolid substance consisting of settled sewage solids combined with varying amounts of water and dissolved materials, generated from a wastewater treatment system, that does not meet the requirements of chapter 70.95J RCW.

             (21) "Soil amendment" means any substance that is intended to improve the physical characteristics of the soil, except composted material, commercial fertilizers, agricultural liming agents, unmanipulated animal manures, unmanipulated vegetable manures, food wastes, food processing wastes, and materials exempted by rule of the department, such as biosolids as defined in chapter 70.95J RCW and wastewater as regulated in chapter 90.48 RCW.

             (22) "Solid waste" or "wastes" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials.

             (23) "Solid waste handling" means the management, storage, collection, transportation, treatment, utilization, processing, and final disposal of solid wastes, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from solid wastes or the conversion of the energy in solid wastes to more useful forms or combinations thereof.

             (24) "Source separation" means the separation of different kinds of solid waste at the place where the waste originates.

             (25) "Vehicle" includes every device physically capable of being moved upon a public or private highway, road, street, or watercourse and in, upon, or by which any person or property is or may be transported or drawn upon a public or private highway, road, street, or watercourse, except devices moved by human or animal power or used exclusively upon stationary rails or tracks.

             (26) "Waste-derived soil amendment" means any soil amendment as defined in this chapter that is derived from solid waste as defined in RCW 70.95.030, but does not include biosolids or biosolids products regulated under chapter 70.95J RCW or wastewaters regulated under chapter 90.48 RCW.

             (27) "Waste reduction" means reducing the amount or toxicity of waste generated or reusing materials.

             (28) "Yard debris" means plant material commonly created in the course of maintaining yards and gardens, and through horticulture, gardening, landscaping, or similar activities. Yard debris includes but is not limited to grass clippings, leaves, branches, brush, weeds, flowers, roots, windfall fruit, vegetable garden debris, holiday trees, and tree prunings four inches or less in diameter.


             Sec. 9. RCW 70.95.090 and 1991 c 298 s 3 are each amended to read as follows:

             Each county and city comprehensive solid waste management plan shall include the following:

             (1) A detailed inventory and description of all existing solid waste handling facilities including an inventory of any deficiencies in meeting current solid waste handling needs.

             (2) The estimated long-range needs for solid waste handling facilities projected twenty years into the future.

             (3) A program for the orderly development of solid waste handling facilities in a manner consistent with the plans for the entire county which shall:

             (a) Meet the minimum functional standards for solid waste handling adopted by the department and all laws and regulations relating to air and water pollution, fire prevention, flood control, and protection of public health;

             (b) Take into account the comprehensive land use plan of each jurisdiction;

             (c) Contain a six year construction and capital acquisition program for solid waste handling facilities; and

             (d) Contain a plan for financing both capital costs and operational expenditures of the proposed solid waste management system.

             (4) A program for surveillance and control.

             (5) A current inventory and description of solid waste collection needs and operations within each respective jurisdiction which shall include:

             (a) Any franchise for solid waste collection granted by the utilities and transportation commission in the respective jurisdictions including the name of the holder of the franchise and the address of his or her place of business and the area covered by the franchise;

             (b) Any city solid waste operation within the county and the boundaries of such operation;

             (c) The population density of each area serviced by a city operation or by a franchised operation within the respective jurisdictions;

             (d) The projected solid waste collection needs for the respective jurisdictions for the next six years.

             (6) A comprehensive waste reduction and recycling element that, in accordance with the priorities established in RCW 70.95.010, provides programs that (a) reduce the amount of waste generated, (b) provide incentives and mechanisms for source separation, and (c) establish recycling opportunities for the source separated waste.

             (7) The waste reduction and recycling element shall include the following:

             (a) Waste reduction strategies;

             (b) Source separation strategies, including:

             (i) Programs for the collection of source separated materials from residences in urban and rural areas. In urban areas, these programs shall include collection of source separated recyclable materials from single and multiple family residences, unless the department approves an alternative program, according to the criteria in the planning guidelines. Such criteria shall include: Anticipated recovery rates and levels of public participation, availability of environmentally sound disposal capacity, access to markets for recyclable materials, unreasonable cost impacts on the ratepayer over the six-year planning period, utilization of environmentally sound waste reduction and recycling technologies, and other factors as appropriate. In rural areas, these programs shall include but not be limited to drop-off boxes, buy-back centers, or a combination of both, at each solid waste transfer, processing, or disposal site, or at locations convenient to the residents of the county. The drop-off boxes and buy-back centers may be owned or operated by public, nonprofit, or private persons;

             (ii) Programs to monitor the collection of source separated waste at nonresidential sites where there is sufficient density to sustain a program;

             (iii) Programs to ((collect)) manage yard ((waste, if the county or city submitting the plan finds that there are)) debris, including strategies to:

             (A) Develop collection programs or alternative means for managing yard debris;

             (B) Eliminate disposal of yard debris in landfills; and

             (C) Encourage adequate markets or capacity for composted yard ((waste)) debris within or near the service area to consume ((the majority of)) the material collected; and

             (iv) Programs to educate and promote the concepts of waste reduction and recycling;

             (c) Recycling strategies, including a description of markets for recyclables, a review of waste generation trends, a description of waste composition, a discussion and description of existing programs and any additional programs needed to assist public and private sector recycling, and an implementation schedule for the designation of specific materials to be collected for recycling, and for the provision of recycling collection services; and

             (d) Other information the county or city submitting the plan determines is necessary.

             (8) County and city comprehensive solid waste management plans may provide for the establishment of residential collection rate structures that provide economic incentives for customers to reduce their level of solid waste collection service and encourage participation in waste reduction, recycling, and yard debris collection programs. Any jurisdictions that are signatories to comprehensive solid waste management plans that adopt residential incentive rates shall adopt ordinances to implement rate structures that are consistent with the guidelines in the comprehensive plans. The utilities and transportation commission is authorized to issue rules to implement this section for solid waste collection companies regulated under Title 81 RCW.

             (9) An assessment of the plan's impact on the costs of solid waste collection. The assessment shall be prepared in conformance with guidelines established by the utilities and transportation commission. The commission shall cooperate with the Washington state association of counties and the association of Washington cities in establishing such guidelines.

             (((9))) (10) A review of potential areas that meet the criteria as outlined in RCW 70.95.165.


             Sec. 10. RCW 70.95.280 and 1989 c 431 s 13 are each amended to read as follows:

             The department of ecology shall determine the best management practices for categories of solid waste in accordance with the priority solid waste management methods established in RCW 70.95.010. In order to make this determination, the department shall conduct a comprehensive solid waste stream analysis and evaluation. Following establishment of baseline data resulting from an initial in-depth analysis of the waste stream, the department shall develop a less intensive method of monitoring the disposed waste stream including, but not limited to, changes in the amount of waste generated and waste type. The department shall monitor curbside collection programs and other waste segregation and disposal technologies to determine, to the extent possible, the effectiveness of these programs in terms of cost and participation, their applicability to other locations, and their implications regarding rules adopted under this chapter. Persons who collect solid waste shall annually report to the department the types and quantities of solid waste that are collected and where it is delivered. The department shall adopt guidelines for reporting and for ((keeping proprietary information confidential)) maintaining the confidentiality of proprietary information included in the report. By March 1st of each year, entities that collect recycled material shall report their activity from the previous calendar year on a form provided by the department. The department may impose a penalty of one hundred dollars on any entity that fails to submit the required report to the department. The department may impose an additional penalty of one hundred dollars for each day after March 1st that a firm fails to submit the required report. The total penalties for failure to report shall not exceed one thousand dollars. By May 1st of each year, the department may arrange for the publication in recycling and solid waste industry trade publications the names of those entities failing to file the required report. The department shall structure penalties and other sanctions so as to encourage compliance with the annual reporting requirement.


             Sec. 11. RCW 70.95.290 and 1988 c 184 s 3 are each amended to read as follows:

             (1) The evaluation of the solid waste stream required in RCW 70.95.280 shall include the following elements:

             (a) The department shall determine which management method for each category of solid waste will have the least environmental impact; and

             (b) The department shall evaluate the costs of various management options for each category of solid waste, including a review of market availability, and shall take into consideration the economic impact on affected parties;

             (c) Based on the results of (a) and (b) of this subsection, the department shall determine the best management for each category of solid waste. Different management methods for the same categories of waste may be developed for different parts of the state.

             (2) The department shall give priority to evaluating categories of solid waste that, in relation to other categories of solid waste, comprise a large volume of the solid waste stream or present a high potential of harm to human health. At a minimum the following categories of waste shall be evaluated:

             (a) By January 1, 1989, yard ((waste)) debris and other biodegradable materials, paper products, disposable diapers, and batteries; ((and))

             (b) By January 1, 1990, metals, glass, plastics, styrofoam or rigid lightweight cellular polystyrene, and tires; and

             (c) By January 1, 2004, construction, demolition, and land-clearing debris, manure, and major food-processing wastes.

             (3) The department is prohibited from adopting rules that mandate best management practices for the categories of solid waste identified in subsection (2) of this section.


             Sec. 12. RCW 70.95.810 and 1998 c 245 s 132 are each amended to read as follows:

             (1) In order to establish the feasibility of composting food and yard ((wastes)) debris, the department shall provide funds, as available, to local governments submitting a proposal to compost such wastes.

             (2) The department, in cooperation with the department of community, trade, and economic development, may approve an application if the project can demonstrate the essential parameters for successful composting, including, but not limited to, cost-effectiveness, handling and safety requirements, and current and potential markets."


             On page 1, line 1 of the title, after "reduction;" strike the remainder of the title and insert "amending RCW 43.19.1905, 43.19A.020, 39.04.133, 70.95.010, 70.95.030, 70.95.090, 70.95.280, 70.95.290, and 70.95.810; adding a new section to chapter 81.77 RCW; creating new sections; prescribing penalties; and providing an expiration date."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House did not concur in the Senate Amendment(s) to Substitute House Bill No. 2939 and asked the Senate to recede therefrom.


SENATE AMENDMENTS TO HOUSE BILL

March 1, 2000

Mr. Speaker:


             The Senate has passed Substitute House Bill No. 2343 with the following amendment(s)


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 46.55.120 and 1999 c 398 s 7 and 1999 c 327 s 5 are each reenacted and amended to read as follows:

             (1) Vehicles or other items of personal property registered or titled with the department that are impounded by registered tow truck operators pursuant to RCW 46.55.080, 46.55.085, 46.55.113, or 9A.88.140 may be redeemed only under the following circumstances:

             (a) Only the legal owner, the registered owner, a person authorized in writing by the registered owner or the vehicle's insurer, a person who is determined and verified by the operator to have the permission of the registered owner of the vehicle or other item of personal property registered or titled with the department, or one who has purchased a vehicle or item of personal property registered or titled with the department from the registered owner who produces proof of ownership or written authorization and signs a receipt therefor, may redeem an impounded vehicle or items of personal property registered or titled with the department. In addition, a vehicle impounded because the operator is in violation of RCW 46.20.342(1)(c) shall not be released until a person eligible to redeem it under this subsection (1)(a) satisfies the requirements of (e) of this subsection, including paying all towing, removal, and storage fees, notwithstanding the fact that the hold was ordered by a government agency. If the department's records show that the operator has been convicted of a violation of RCW 46.20.342 or a similar local ordinance within the past five years, the vehicle may be held for up to thirty days at the written direction of the agency ordering the vehicle impounded. A vehicle impounded because the operator is arrested for a violation of RCW 46.20.342 may be released only pursuant to a written order from the agency that ordered the vehicle impounded or from the court having jurisdiction. An agency may issue a written order to release pursuant to a provision of an applicable state agency rule or local ordinance authorizing release on the basis of economic or personal hardship to the spouse of the operator, taking into consideration public safety factors, including the operator's criminal history and driving record.

             If a vehicle is impounded because the operator is in violation of RCW 46.20.342(1) (a) or (b), the vehicle may be held for up to thirty days at the written direction of the agency ordering the vehicle impounded. However, if the department's records show that the operator has been convicted of a violation of RCW 46.20.342(1) (a) or (b) or a similar local ordinance within the past five years, the vehicle may be held at the written direction of the agency ordering the vehicle impounded for up to sixty days, and for up to ninety days if the operator has two or more such prior offenses. If a vehicle is impounded because the operator is arrested for a violation of RCW 46.20.342, the vehicle may not be released until a person eligible to redeem it under this subsection (1)(a) satisfies the requirements of (e) of this subsection, including paying all towing, removal, and storage fees, notwithstanding the fact that the hold was ordered by a government agency.

             (b) If the vehicle is directed to be held for a suspended license impound, a person who desires to redeem the vehicle at the end of the period of impound shall within five days of the impound at the request of the tow truck operator pay a security deposit to the tow truck operator of not more than one-half of the applicable impound storage rate for each day of the proposed suspended license impound. The tow truck operator shall credit this amount against the final bill for removal, towing, and storage upon redemption. The tow truck operator may accept other sufficient security in lieu of the security deposit. If the person desiring to redeem the vehicle does not pay the security deposit or provide other security acceptable to the tow truck operator, the tow truck operator may process and sell at auction the vehicle as an abandoned vehicle within the normal time limits set out in RCW 46.55.130(1). The security deposit required by this section may be paid and must be accepted at any time up to twenty-four hours before the beginning of the auction to sell the vehicle as abandoned. The registered owner is not eligible to purchase the vehicle at the auction, and the tow truck operator shall sell the vehicle to the highest bidder who is not the registered owner.

             (c) Notwithstanding (b) of this subsection, a rental car business may immediately redeem a rental vehicle it owns by payment of the costs of removal, towing, and storage, whereupon the vehicle will not be held for a suspended license impound.

             (d) Notwithstanding (b) of this subsection, a motor vehicle dealer or lender with a perfected security interest in the vehicle may redeem or lawfully repossess a vehicle immediately by payment of the costs of removal, towing, and storage, whereupon the vehicle will not be held for a suspended license impound. A motor vehicle dealer or lender with a perfected security interest in the vehicle may not knowingly and intentionally engage in collusion with a registered owner to repossess and then return or resell a vehicle to the registered owner in an attempt to avoid a suspended license impound. However, this provision does not preclude a vehicle dealer or a lender with a perfected security interest in the vehicle from repossessing the vehicle and then selling, leasing, or otherwise disposing of it in accordance with chapter 62A.9 RCW, including providing redemption rights to the debtor under RCW 62A.9-506. If the debtor is the registered owner of the vehicle, the debtor's right to redeem the vehicle under chapter 62A.9 RCW is conditioned upon the debtor obtaining and providing proof from the impounding authority or court having jurisdiction that any fines, penalties, and forfeitures owed by the registered owner, as a result of the suspended license impound, have been paid, and proof of the payment must be tendered to the vehicle dealer or lender at the time the debtor tenders all other obligations required to redeem the vehicle. Vehicle dealers or lenders are not liable for damages if they rely in good faith on an order from the impounding agency or a court in releasing a vehicle held under a suspended license impound.

             (e) The vehicle or other item of personal property registered or titled with the department shall be released upon the presentation to any person having custody of the vehicle of commercially reasonable tender sufficient to cover the costs of towing, storage, or other services rendered during the course of towing, removing, impounding, or storing any such vehicle, with credit being given for the amount of any security deposit paid under (b) of this subsection. In addition, if a vehicle is impounded because the operator was arrested for a violation of RCW 46.20.342 or ((46.20.420)) 46.20.345 and was being operated by the registered owner when it was impounded under local ordinance or agency rule, it must not be released to any person until the registered owner establishes with the agency that ordered the vehicle impounded or the court having jurisdiction that any penalties, fines, or forfeitures owed by him or her have been satisfied. Registered tow truck operators are not liable for damages if they rely in good faith on an order from the impounding agency or a court in releasing a vehicle held under a suspended license impound. Commercially reasonable tender shall include, without limitation, cash, major bank credit cards issued by financial institutions, or personal checks drawn on ((in-state banks)) Washington state branches of financial institutions if accompanied by two pieces of valid identification, one of which may be required by the operator to have a photograph. If the towing firm ((can)) cannot determine through the customer's bank or a check verification service that the presented check would ((not)) be paid by the bank or guaranteed by the service, the towing firm may refuse to accept the check. Any person who stops payment on a personal check or credit card, or does not make restitution within ten days from the date a check becomes insufficient due to lack of funds, to a towing firm that has provided a service pursuant to this section or in any other manner defrauds the towing firm in connection with services rendered pursuant to this section shall be liable for damages in the amount of twice the towing and storage fees, plus costs and reasonable attorney's fees.

             (2)(a) The registered tow truck operator shall give to each person who seeks to redeem an impounded vehicle, or item of personal property registered or titled with the department, written notice of the right of redemption and opportunity for a hearing, which notice shall be accompanied by a form to be used for requesting a hearing, the name of the person or agency authorizing the impound, and a copy of the towing and storage invoice. The registered tow truck operator shall maintain a record evidenced by the redeeming person's signature that such notification was provided.

             (b) Any person seeking to redeem an impounded vehicle under this section has a right to a hearing in the district or municipal court for the jurisdiction in which the vehicle was impounded to contest the validity of the impoundment or the amount of towing and storage charges. The district court has jurisdiction to determine the issues involving all impoundments including those authorized by the state or its agents. The municipal court has jurisdiction to determine the issues involving impoundments authorized by agents of the municipality. Any request for a hearing shall be made in writing on the form provided for that purpose and must be received by the appropriate court within ten days of the date the opportunity was provided for in subsection (2)(a) of this section and more than five days before the date of the auction. At the time of the filing of the hearing request, the petitioner shall pay to the court clerk a filing fee in the same amount required for the filing of a suit in district court. If the hearing request is not received by the court within the ten-day period, the right to a hearing is waived and the registered owner is liable for any towing, storage, or other impoundment charges permitted under this chapter. Upon receipt of a timely hearing request, the court shall proceed to hear and determine the validity of the impoundment.

             (3)(a) The court, within five days after the request for a hearing, shall notify the registered tow truck operator, the person requesting the hearing if not the owner, the registered and legal owners of the vehicle or other item of personal property registered or titled with the department, and the person or agency authorizing the impound in writing of the hearing date and time.

             (b) At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show that the impoundment, towing, or storage fees charged were not proper. The court may consider a written report made under oath by the officer who authorized the impoundment in lieu of the officer's personal appearance at the hearing.

             (c) At the conclusion of the hearing, the court shall determine whether the impoundment was proper, whether the towing or storage fees charged were in compliance with the posted rates, and who is responsible for payment of the fees. The court may not adjust fees or charges that are in compliance with the posted or contracted rates.

             (d) If the impoundment is found proper, the impoundment, towing, and storage fees as permitted under this chapter together with court costs shall be assessed against the person or persons requesting the hearing, unless the operator did not have a signed and valid impoundment authorization from a private property owner or an authorized agent.

             (e) If the impoundment is determined to be in violation of this chapter, then the registered and legal owners of the vehicle or other item of personal property registered or titled with the department shall bear no impoundment, towing, or storage fees, and any security shall be returned or discharged as appropriate, and the person or agency who authorized the impoundment shall be liable for any towing, storage, or other impoundment fees permitted under this chapter. The court shall enter judgment in favor of the registered tow truck operator against the person or agency authorizing the impound for the impoundment, towing, and storage fees paid. In addition, the court shall enter judgment in favor of the registered and legal owners of the vehicle, or other item of personal property registered or titled with the department, for the amount of the filing fee required by law for the impound hearing petition as well as reasonable damages for loss of the use of the vehicle during the time the same was impounded, for not less than fifty dollars per day, against the person or agency authorizing the impound. However, if an impoundment arising from an alleged violation of RCW 46.20.342 or ((46.20.420)) 46.20.345 is determined to be in violation of this chapter, then the law enforcement officer directing the impoundment and the government employing the officer are not liable for damages if the officer relied in good faith and without gross negligence on the records of the department in ascertaining that the operator of the vehicle had a suspended or revoked driver's license. If any judgment entered is not paid within fifteen days of notice in writing of its entry, the court shall award reasonable attorneys' fees and costs against the defendant in any action to enforce the judgment. Notice of entry of judgment may be made by registered or certified mail, and proof of mailing may be made by affidavit of the party mailing the notice. Notice of the entry of the judgment shall read essentially as follows:

TO: . . . . . .

YOU ARE HEREBY NOTIFIED JUDGMENT was entered against you in the . . . . . . Court located at . . . . . . in the sum of $. . . . . ., in an action entitled . . . . . ., Case No. . . . . YOU ARE FURTHER NOTIFIED that attorneys fees and costs will be awarded against you under RCW . . . if the judgment is not paid within 15 days of the date of this notice.

DATED this . . . . day of . . . . . ., (year) . . .

                                                    Signature . . . . .. . . . . . .. . . . . . .. . . . . . .

                                                                              Typed name and address

                                                                              of party mailing notice

             (4) Any impounded abandoned vehicle or item of personal property registered or titled with the department that is not redeemed within fifteen days of mailing of the notice of custody and sale as required by RCW 46.55.110(3) shall be sold at public auction in accordance with all the provisions and subject to all the conditions of RCW 46.55.130. A vehicle or item of personal property registered or titled with the department may be redeemed at any time before the start of the auction upon payment of the applicable towing and storage fees.


             Sec. 2. RCW 46.55.130 and 1998 c 203 s 6 are each amended to read as follows:

             (1) If, after the expiration of fifteen days from the date of mailing of notice of custody and sale required in RCW 46.55.110(((2))) (3) to the registered and legal owners, the vehicle remains unclaimed and has not been listed as a stolen vehicle, or a suspended license impound has been directed, but no security paid under RCW 46.55.120, then the registered tow truck operator having custody of the vehicle shall conduct a sale of the vehicle at public auction after having first published a notice of the date, place, and time of the auction in a newspaper of general circulation in the county in which the vehicle is located not less than three days and no more than ten days before the date of the auction. The notice shall contain a description of the vehicle including the make, model, year, and license number and a notification that a three-hour public viewing period will be available before the auction. The auction shall be held during daylight hours of a normal business day.

             (2) The following procedures are required in any public auction of such abandoned vehicles:

             (a) The auction shall be held in such a manner that all persons present are given an equal time and opportunity to bid;

             (b) All bidders must be present at the time of auction unless they have submitted to the registered tow truck operator, who may or may not choose to use the preauction bid method, a written bid on a specific vehicle. Written bids may be submitted up to five days before the auction and shall clearly state which vehicle is being bid upon, the amount of the bid, and who is submitting the bid;

             (c) The open bid process, including all written bids, shall be used so that everyone knows the dollar value that must be exceeded;

             (d) The highest two bids received shall be recorded in written form and shall include the name, address, and telephone number of each such bidder;

             (e) In case the high bidder defaults, the next bidder has the right to purchase the vehicle for the amount of his or her bid;

             (f) The successful bidder shall apply for title within fifteen days;

             (g) The registered tow truck operator shall post a copy of the auction procedure at the bidding site. If the bidding site is different from the licensed office location, the operator shall post a clearly visible sign at the office location that describes in detail where the auction will be held. At the bidding site a copy of the newspaper advertisement that lists the vehicles for sale shall be posted;

             (h) All surplus moneys derived from the auction after satisfaction of the registered tow truck operator's lien shall be remitted within thirty days to the department for deposit in the state motor vehicle fund. A report identifying the vehicles resulting in any surplus shall accompany the remitted funds. If the director subsequently receives a valid claim from the registered vehicle owner of record as determined by the department within one year from the date of the auction, the surplus moneys shall be remitted to such owner;

             (i) If an operator receives no bid, or if the operator is the successful bidder at auction, the operator shall, within forty-five days sell the vehicle to a licensed vehicle wrecker, hulk hauler, or scrap processor by use of the abandoned vehicle report-affidavit of sale, or the operator shall apply for title to the vehicle.

             (3) In no case may an operator hold a vehicle for longer than ninety days without holding an auction on the vehicle, except for vehicles that are under a police or judicial hold.

             (4)(a) In no case may the accumulation of storage charges exceed fifteen days from the date of receipt of the information by the operator from the department as provided by RCW 46.55.110(((2))) (3).

             (b) The failure of the registered tow truck operator to comply with the time limits provided in this chapter limits the accumulation of storage charges to five days except where delay is unavoidable. Providing incorrect or incomplete identifying information to the department in the abandoned vehicle report shall be considered a failure to comply with these time limits if correct information is available. However, storage charges begin to accrue again on the date the correct and complete information is provided to the department by the registered tow truck operator."


             On page 1, line 2 of the title, after "institutions;" strike the remainder of the title and insert "amending RCW 46.55.130; and reenacting and amending RCW 46.55.120."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to Substitute House Bill No. 2343 and advanced the bill as amended by the Senate to final passage.


             Representative Hatfield spoke in favor of final passage of the bill.


MOTION


             On motion of Representative Wensman, Representative Schmidt was excused.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Ogden presiding) stated the question before the House to be final passage of Substitute House Bill No. 2343 as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2343 as amended by the Senate and the bill passed the House by the following vote: Yeas - 96, Nays - 1, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 96.

             Voting nay: Representative Sullivan - 1.

             Excused: Representative Schmidt - 1.


             Substitute House Bill No. 2343, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

March 2, 2000

Mr. Speaker:


             The Senate has passed Substitute House Bill No. 2372 with the following amendment(s)


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 13.32A.060 and 1997 c 146 s 3 are each amended to read as follows:

             (1) An officer taking a child into custody under RCW 13.32A.050(1) (a) or (b) shall inform the child of the reason for such custody and shall:

             (a) Transport the child to his or her home or to a parent at his or her place of employment, if no parent is at home. The parent may request that the officer take the child to the home of an adult extended family member, responsible adult, crisis residential center, the department, or a licensed youth shelter. In responding to the request of the parent, the officer shall take the child to a requested place which, in the officer's belief, is within a reasonable distance of the parent's home. The officer releasing a child into the custody of a parent, an adult extended family member, responsible adult, or a licensed youth shelter shall inform the person receiving the child of the reason for taking the child into custody and inform all parties of the nature and location of appropriate services available in the community; or

             (b) After attempting to notify the parent, take the child to a designated crisis residential center's secure facility or a center's semi-secure facility if a secure facility is full, not available, or not located within a reasonable distance:

             (i) If the child expresses fear or distress at the prospect of being returned to his or her home which leads the officer to believe there is a possibility that the child is experiencing some type of child abuse or neglect, as defined in RCW 26.44.020;

             (ii) If it is not practical to transport the child to his or her home or place of the parent's employment; or

             (iii) If there is no parent available to accept custody of the child; or

             (c) After attempting to notify the parent, if a crisis residential center is full, not available, or not located within a reasonable distance, the officer may request the department to accept custody of the child. If the department determines that an appropriate placement is currently available, the department shall accept custody and place the child in an out-of-home placement. Upon accepting custody of a child from the officer, the department may place the child in an out-of-home placement for up to seventy-two hours, excluding Saturdays, Sundays, and holidays, without filing a child in need of services petition under this chapter, obtaining parental consent, or obtaining an order for placement under chapter 13.34 RCW. Upon transferring a child to the department's custody, the officer shall provide written documentation of the reasons and the statutory basis for taking the child into custody. If the department declines to accept custody of the child, the officer may release the child after attempting to take the child to the following, in the order listed: The home of an adult extended family member; a responsible adult; a licensed youth shelter and shall immediately notify the department if no placement option is available and the child is released.

             (2) An officer taking a child into custody under RCW 13.32A.050(1) (c) or (d) shall inform the child of the reason for custody. An officer taking a child into custody under RCW 13.32A.050(1)(c) may release the child to the supervising agency, or shall take the child to a designated crisis residential center's secure facility. If the secure facility is not available, not located within a reasonable distance, or full, the officer shall take the child to a semi-secure crisis residential center. An officer taking a child into custody under RCW 13.32A.050(1)(d) may place the child in a juvenile detention facility as provided in RCW 13.32A.065 or a secure facility, except that the child shall be taken to either (a) a secure facility that is a separate, secure section of a juvenile detention facility; or (b) detention whenever the officer has been notified that a juvenile court has entered ((a detention)) an order directing such placement under this chapter or chapter 13.34 RCW. In no case may a child in contempt be confined in a secure facility that is free-standing outside a juvenile detention facility.

             (3) Whenever an officer transfers custody of a child to a crisis residential center or the department, the child may reside in the crisis residential center or may be placed by the department in an out-of-home placement for an aggregate total period of time not to exceed seventy-two hours excluding Saturdays, Sundays, and holidays, except that a child placed in a secure facility under a court order entered under RCW 13.32A.250 must remain in the secure facility as provided in RCW 13.32A.065. Thereafter, the child may continue in out-of-home placement only if the parents have consented, a child in need of services petition has been filed under this chapter, or an order for placement has been entered under chapter 13.34 RCW.

             (4) The department shall ensure that all law enforcement authorities are informed on a regular basis as to the location of all designated secure and semi-secure facilities within centers in their jurisdiction, where children taken into custody under RCW 13.32A.050 may be taken.


             Sec. 2. RCW 13.32A.065 and 1996 c 133 s 12 are each amended to read as follows:

             (1) A child may be placed in either (a) a secure facility that is a separate, secure section of a juvenile detention facility; or (b) detention after being taken into custody pursuant to RCW 13.32A.050(1)(d). In no case may a child in contempt be confined in a secure facility that is free-standing outside a juvenile detention facility. The court shall hold a ((detention)) review hearing within twenty-four hours, excluding Saturdays, Sundays, and holidays. The court shall release the child after twenty-four hours, excluding Saturdays, Sundays, and holidays, unless:

             (a) A motion and order to show why the child should not be held in contempt has been filed and served on the child at or before the detention hearing; and

             (b) The court believes that the child would not appear at a hearing on contempt.

             (2) If the court ((orders the child to remain in detention)) finds that the conditions in subsection (1)(a) and (b) of this section have been met, the court may order the child to remain confined either in (a) a secure facility that is a separate, secure section of a juvenile detention facility; or (b) detention, and shall set the matter for a hearing on contempt within seventy-two hours, excluding Saturdays, Sundays, and holidays. In no case may a child in contempt be confined in a secure facility that is free-standing outside a juvenile detention facility.


             Sec. 3. RCW 13.32A.130 and 1997 c 146 s 4 are each amended to read as follows:

             (1) A child admitted to a secure facility within a crisis residential center shall remain in the facility for not more than five consecutive days, but for at least twenty-four hours after admission. If the child admitted under this section is transferred between centers or between secure and semi-secure facilities, the aggregate length of time spent in all such centers or facilities may not exceed five consecutive days.

             (2)(a)(i) The facility administrator shall determine within twenty-four hours after a child's admission to a secure facility whether the child is likely to remain in a semi-secure facility and may transfer the child to a semi-secure facility or release the child to the department. The determination shall be based on: (A) The need for continued assessment, protection, and treatment of the child in a secure facility; and (B) the likelihood the child would remain at a semi-secure facility until his or her parents can take the child home or a petition can be filed under this title.

             (ii) In making the determination the administrator shall consider the following information if known: (A) The child's age and maturity; (B) the child's condition upon arrival at the center; (C) the circumstances that led to the child's being taken to the center; (D) whether the child's behavior endangers the health, safety, or welfare of the child or any other person; (E) the child's history of running away which has endangered the health, safety, and welfare of the child; and (F) the child's willingness to cooperate in the assessment.

             (b) If the administrator of a secure facility determines the child is unlikely to remain in a semi-secure facility, the administrator shall keep the child in the secure facility pursuant to this chapter and in order to provide for space for the child may transfer another child who has been in the facility for at least seventy-two hours to a semi-secure facility. The administrator shall only make a transfer of a child after determining that the child who may be transferred is likely to remain at the semi-secure facility.

             (c) A crisis residential center administrator is authorized to transfer a child to a crisis residential center in the area where the child's parents reside or where the child's lawfully prescribed residence is located.

             (d) An administrator may transfer a child from a semi-secure facility to a secure facility whenever he or she reasonably believes that the child is likely to leave the semi-secure facility and not return and after full consideration of all factors in (a)(i) and (ii) of this subsection.

             (3) If no parent is available or willing to remove the child during the first seventy-two hours following admission, the department shall consider the filing of a petition under RCW 13.32A.140.

             (4) Notwithstanding the provisions of subsection (1) of this section, the parents may remove the child at any time during the five-day period unless the staff of the crisis residential center has reasonable cause to believe that the child is absent from the home because he or she is abused or neglected or if allegations of abuse or neglect have been made against the parents. The department or any agency legally charged with the supervision of a child may remove a child from a crisis residential center at any time after the first twenty-four-hour period after admission has elapsed and only after full consideration by all parties of the factors in subsection (2)(a) of this section.

             (5) Crisis residential center staff shall make reasonable efforts to protect the child and achieve a reconciliation of the family. If a reconciliation and voluntary return of the child has not been achieved within forty-eight hours from the time of intake, and if the administrator of the center does not consider it likely that reconciliation will be achieved within the five-day period, then the administrator shall inform the parent and child of: (a) The availability of counseling services; (b) the right to file a child in need of services petition for an out-of-home placement, the right of a parent to file an at-risk youth petition, and the right of the parent and child to obtain assistance in filing the petition; (c) the right to request the facility administrator or his or her designee to form a multidisciplinary team; (d) the right to request a review of any out-of-home placement; (e) the right to request a mental health or chemical dependency evaluation by a county-designated professional or a private treatment facility; and (f) the right to request treatment in a program to address the child's at-risk behavior under RCW 13.32A.197.

             (6) At no time shall information regarding a parent's or child's rights be withheld. The department shall develop and distribute to all law enforcement agencies and to each crisis residential center administrator a written statement delineating the services and rights. Every officer taking a child into custody shall provide the child and his or her parent(s) or responsible adult with whom the child is placed with a copy of the statement. In addition, the administrator of the facility or his or her designee shall provide every resident and parent with a copy of the statement.

             (7) A crisis residential center and its administrator or his or her designee acting in good faith in carrying out the provisions of this section are immune from criminal or civil liability for such actions.

             (8) This section does not apply to children admitted to a secure facility that is a separate, secure section of a juvenile detention facility under a court order issued under RCW 13.32A.250(3) or 28A.225.090(2). In no case may a child in contempt be confined in a secure facility that is free-standing outside a juvenile detention facility.


             Sec. 4. RCW 13.32A.250 and 1998 c 296 s 37 are each amended to read as follows:

             (1) In all child in need of services proceedings and at-risk youth proceedings, the court shall verbally notify the parents and the child of the possibility of a finding of contempt for failure to comply with the terms of a court order entered pursuant to this chapter. Except as otherwise provided in this section, the court shall treat the parents and the child equally for the purposes of applying contempt of court processes and penalties under this section.

             (2) Failure by a party to comply with an order entered under this chapter is a civil contempt of court as provided in RCW 7.21.030(2)(e), subject to the limitations of subsection (3) of this section.

             (3) The court may impose remedial sanctions including a fine of up to one hundred dollars and confinement for up to seven days, or both for contempt of court under this section.

             (4) A child placed in confinement for contempt under this section shall be placed in confinement ((only)) either in a secure juvenile detention facility operated by or pursuant to a contract with a county or a secure facility that is a separate, secure section of a juvenile detention facility. In no case may a child in contempt be confined in a secure facility that is free-standing outside a juvenile detention facility.

             (5) A motion for contempt may be made by a parent, a child, juvenile court personnel, or by any public agency, organization, or person having custody of the child under a court order adopted pursuant to this chapter.

             (6) Whenever the court finds probable cause to believe, based upon consideration of a motion for contempt and the information set forth in a supporting declaration, that a child has violated a placement order entered under this chapter, the court may issue an order directing law enforcement to pick up and take the child to detention or to a secure facility. The order may be entered ex parte without prior notice to the child or other parties. Following the child's admission to detention or to the secure facility, a ((detention)) review hearing must be held in accordance with RCW 13.32A.065.


             NEW SECTION. Sec. 5. A new section is added to chapter 13.32A RCW to read as follows:

             No placement of a juvenile in a secure facility under RCW 13.32A.060, 13.32A.065, 13.32A.130, 13.32A.250, 28A.225.090, 74.13.033, or 74.13.034 as a result of an order entered under RCW 13.32A.250 or 28A.225.090(2) may displace, or prevent the placement of, a juvenile in a secure facility under RCW 13.32A.050, 13.32A.060, or 13.32A.130. If a secure facility is located in a separate, secure section of a juvenile detention facility, no more than fifty percent of its capacity may be occupied by juveniles placed under RCW 13.32A.250 or 28A.225.090(2). If any capacity of a secure facility located in a juvenile detention facility is taken by a juvenile placed under RCW 13.32A.250 or 28A.225.090 and a juvenile is brought to the secure facility under RCW 13.32A.050, 13.32A.060, or 13.32A.130, that juvenile must be placed in the secure facility and a juvenile placed under RCW 13.32A.250 or 28A.225.090 be moved immediately to the juvenile detention facility.


             Sec. 6. RCW 28A.225.090 and 1999 c 319 s 4 are each amended to read as follows:

             (1) A court may order a child subject to a petition under RCW 28A.225.035 to:

             (a) Attend the child's current school;

             (b) If there is space available and the program can provide educational services appropriate for the child, order the child to attend another public school, an alternative education program, center, a skill center, dropout prevention program, or another public educational program;

             (c) Attend a private nonsectarian school or program including an education center. Before ordering a child to attend an approved or certified private nonsectarian school or program, the court shall: (i) Consider the public and private programs available; (ii) find that placement is in the best interest of the child; and (iii) find that the private school or program is willing to accept the child and will not charge any fees in addition to those established by contract with the student's school district. If the court orders the child to enroll in a private school or program, the child's school district shall contract with the school or program to provide educational services for the child. The school district shall not be required to contract for a weekly rate that exceeds the state general apportionment dollars calculated on a weekly basis generated by the child and received by the district. A school district shall not be required to enter into a contract that is longer than the remainder of the school year. A school district shall not be required to enter into or continue a contract if the child is no longer enrolled in the district;

             (d) Be referred to a community truancy board, if available; or

             (e) Submit to testing for the use of controlled substances or alcohol based on a determination that such testing is appropriate to the circumstances and behavior of the child and will facilitate the child's compliance with the mandatory attendance law.

             (2) If the child fails to comply with the court order, the court may order the child to be ((subject to detention, as provided in RCW 7.21.030(2)(e))) placed in confinement for contempt, either in a juvenile detention facility operated by or under a contract with a county or in a secure facility that is a separate, secure section of a juvenile detention facility, or may impose alternatives to ((detention)) confinement such as community service. Failure by a child to comply with an order issued under this subsection shall not be subject to detention for a period greater than that permitted pursuant to a civil contempt proceeding against a child under chapter 13.32A RCW. In no case may a child in contempt be confined in a secure facility that is free-standing outside a juvenile detention facility.

             (3) Any parent violating any of the provisions of either RCW 28A.225.010, 28A.225.015, or 28A.225.080 shall be fined not more than twenty-five dollars for each day of unexcused absence from school. It shall be a defense for a parent charged with violating RCW 28A.225.010 to show that he or she exercised reasonable diligence in attempting to cause a child in his or her custody to attend school or that the child's school did not perform its duties as required in RCW 28A.225.020. The court may order the parent to provide community service instead of imposing a fine. Any fine imposed pursuant to this section may be suspended upon the condition that a parent charged with violating RCW 28A.225.010 shall participate with the school and the child in a supervised plan for the child's attendance at school or upon condition that the parent attend a conference or conferences scheduled by a school for the purpose of analyzing the causes of a child's absence.

             (4) If a child continues to be truant after entering into a court-approved order with the truancy board under RCW 28A.225.035, the juvenile court shall find the child in contempt, and the court may order the child to be subject to detention, as provided in RCW 7.21.030(2)(e), or may impose alternatives to detention such as meaningful community service. Failure by a child to comply with an order issued under this subsection may not subject a child to detention for a period greater than that permitted under a civil contempt proceeding against a child under chapter 13.32A RCW.

             (5) Subsections (1), (2), and (4) of this section shall not apply to a six or seven year-old child required to attend public school under RCW 28A.225.015.


             Sec. 7. RCW 74.13.033 and 1995 c 312 s 62 are each amended to read as follows:

             (1) If a resident of a center becomes by his or her behavior disruptive to the facility's program, such resident may be immediately removed to a separate area within the facility and counseled on an individual basis until such time as the child regains his or her composure. The department may set rules and regulations establishing additional procedures for dealing with severely disruptive children on the premises. A child confined in a secure facility that is a separate, secure section of a juvenile detention facility under RCW 13.32A.250(3) or 28A.225.090(2) may be moved to an available bed in a juvenile detention facility. In no case may a child in contempt be confined in a secure facility that is free-standing outside a juvenile detention facility.

             (2) When the juvenile resides in this facility, all services deemed necessary to the juvenile's reentry to normal family life shall be made available to the juvenile as required by chapter 13.32A RCW. In assessing the child and providing these services, the facility staff shall:

             (a) Interview the juvenile as soon as possible;

             (b) Contact the juvenile's parents and arrange for a counseling interview with the juvenile and his or her parents as soon as possible;

             (c) Conduct counseling interviews with the juvenile and his or her parents, to the end that resolution of the child/parent conflict is attained and the child is returned home as soon as possible;

             (d) Provide additional crisis counseling as needed, to the end that placement of the child in the crisis residential center will be required for the shortest time possible, but not to exceed five consecutive days or, in the case of a child admitted by court order issued under RCW 13.32A.250(3) or 28A.225.090(2), seven consecutive days; and

             (e) Convene, when appropriate, a multidisciplinary team.

             (3) Based on the assessments done under subsection (2) of this section the facility staff may refer any child who, as the result of a mental or emotional disorder, or intoxication by alcohol or other drugs, is suicidal, seriously assaultive, or seriously destructive toward others, or otherwise similarly evidences an immediate need for emergency medical evaluation and possible care, for evaluation pursuant to chapter 71.34 RCW, to a mental health professional pursuant to chapter 71.05 RCW, or to a chemical dependency specialist pursuant to chapter 70.96A RCW whenever such action is deemed appropriate and consistent with law.

             (4) A juvenile taking unauthorized leave from a facility shall be apprehended and returned to it by law enforcement officers or other persons designated as having this authority as provided in RCW 13.32A.050. If returned to the facility after having taken unauthorized leave for a period of more than twenty-four hours a juvenile shall be supervised by such a facility for a period, pursuant to this chapter, which, unless where otherwise provided, may not exceed five consecutive days on the premises. Costs of housing juveniles admitted to crisis residential centers shall be assumed by the department for a period not to exceed five consecutive days.


             Sec. 8. RCW 74.13.034 and 1995 c 312 s 63 are each amended to read as follows:

             (1) A child taken into custody and taken to a crisis residential center established pursuant to RCW 74.13.032 may, if the center is unable to provide appropriate treatment, supervision, and structure to the child, be taken at department expense to another crisis residential center, the nearest regional secure crisis residential center, or a secure facility with which it is collocated under RCW 74.13.032. Placement in both locations shall not exceed five consecutive days from the point of intake as provided in RCW 13.32A.130 or, in the case of a child admitted by court order issued under RCW 13.32A.250(3) or 28A.225.090(2), seven consecutive days.

             (2) A child taken into custody and taken to a crisis residential center established by this chapter may be placed physically by the department or the department's designee and, at departmental expense and approval, in a secure juvenile detention facility operated by the county in which the center is located for a maximum of forty-eight hours, including Saturdays, Sundays, and holidays, if the child has taken unauthorized leave from the center and the person in charge of the center determines that the center cannot provide supervision and structure adequate to ensure that the child will not again take unauthorized leave. Juveniles placed in such a facility pursuant to this section may not, to the extent possible, come in contact with alleged or convicted juvenile or adult offenders.

             (3) Any child placed in secure detention pursuant to this section shall, during the period of confinement, be provided with appropriate treatment by the department or the department's designee, which shall include the services defined in RCW 74.13.033(2). If the child placed in secure detention is not returned home or if an alternative living arrangement agreeable to the parent and the child is not made within twenty-four hours after the child's admission, the child shall be taken at the department's expense to a crisis residential center. Placement in the crisis residential center or centers plus placement in juvenile detention shall not exceed five consecutive days from the point of intake as provided in RCW 13.32A.130 or, in the case of a child admitted by court order issued under RCW 13.32A.250(3) or 28A.225.090(2), seven consecutive days.

             (4) Juvenile detention facilities used pursuant to this section shall first be certified by the department to ensure that juveniles placed in the facility pursuant to this section are provided with living conditions suitable to the well-being of the child. Where space is available, juvenile courts, when certified by the department to do so, shall provide secure placement for juveniles pursuant to this section, at department expense.


             NEW SECTION. Sec. 9. A new section is added to chapter 13.32A RCW to read as follows:

             The department has no responsibility to attend hearings, provide transportation, case management, or any other services to youth confined in a secure facility that is a separate, secure section of a juvenile detention facility unless it is otherwise ordered by a court under a petition relating to a child in need of services, an at-risk youth, or truancy.


             NEW SECTION. Sec. 10. A new section is added to chapter 13.32A RCW to read as follows:

             The cost to county juvenile court administrators of housing youths held in contempt and confined in secure crisis residential centers located in juvenile detention facilities shall be credited against the funds appropriated to fund the costs of processing truancy, children in need of services, and at-risk youth petitions.


             Sec. 11. RCW 13.32A.060 and 2000 c . . . s 1 (section 1 of this act) are each amended to read as follows:

             (1) An officer taking a child into custody under RCW 13.32A.050(1) (a) or (b) shall inform the child of the reason for such custody and shall:

             (a) Transport the child to his or her home or to a parent at his or her place of employment, if no parent is at home. The parent may request that the officer take the child to the home of an adult extended family member, responsible adult, crisis residential center, the department, or a licensed youth shelter. In responding to the request of the parent, the officer shall take the child to a requested place which, in the officer's belief, is within a reasonable distance of the parent's home. The officer releasing a child into the custody of a parent, an adult extended family member, responsible adult, or a licensed youth shelter shall inform the person receiving the child of the reason for taking the child into custody and inform all parties of the nature and location of appropriate services available in the community; or

             (b) After attempting to notify the parent, take the child to a designated crisis residential center's secure facility or a center's semi-secure facility if a secure facility is full, not available, or not located within a reasonable distance:

             (i) If the child expresses fear or distress at the prospect of being returned to his or her home which leads the officer to believe there is a possibility that the child is experiencing some type of child abuse or neglect, as defined in RCW 26.44.020;

             (ii) If it is not practical to transport the child to his or her home or place of the parent's employment; or

             (iii) If there is no parent available to accept custody of the child; or

             (c) After attempting to notify the parent, if a crisis residential center is full, not available, or not located within a reasonable distance, the officer may request the department to accept custody of the child. If the department determines that an appropriate placement is currently available, the department shall accept custody and place the child in an out-of-home placement. Upon accepting custody of a child from the officer, the department may place the child in an out-of-home placement for up to seventy-two hours, excluding Saturdays, Sundays, and holidays, without filing a child in need of services petition under this chapter, obtaining parental consent, or obtaining an order for placement under chapter 13.34 RCW. Upon transferring a child to the department's custody, the officer shall provide written documentation of the reasons and the statutory basis for taking the child into custody. If the department declines to accept custody of the child, the officer may release the child after attempting to take the child to the following, in the order listed: The home of an adult extended family member; a responsible adult; a licensed youth shelter and shall immediately notify the department if no placement option is available and the child is released.

             (2) An officer taking a child into custody under RCW 13.32A.050(1) (c) or (d) shall inform the child of the reason for custody. An officer taking a child into custody under RCW 13.32A.050(1)(c) may release the child to the supervising agency, or shall take the child to a designated crisis residential center's secure facility. If the secure facility is not available, not located within a reasonable distance, or full, the officer shall take the child to a semi-secure crisis residential center. An officer taking a child into custody under RCW 13.32A.050(1)(d) may place the child in a juvenile detention facility as provided in RCW 13.32A.065 or a secure facility, except that the child shall be taken to ((either (a) a secure facility that is a separate, secure section of a juvenile detention facility; or (b))) detention whenever the officer has been notified that a juvenile court has entered ((an)) a detention order ((directing such placement)) under this chapter or chapter 13.34 RCW. ((In no case may a child in contempt be confined in a secure facility that is free-standing outside a juvenile detention facility.))

             (3) Whenever an officer transfers custody of a child to a crisis residential center or the department, the child may reside in the crisis residential center or may be placed by the department in an out-of-home placement for an aggregate total period of time not to exceed seventy-two hours excluding Saturdays, Sundays, and holidays((, except that a child placed in a secure facility under a court order entered under RCW 13.32A.250 must remain in the secure facility as provided in RCW 13.32A.065)). Thereafter, the child may continue in out-of-home placement only if the parents have consented, a child in need of services petition has been filed under this chapter, or an order for placement has been entered under chapter 13.34 RCW.

             (4) The department shall ensure that all law enforcement authorities are informed on a regular basis as to the location of all designated secure and semi-secure facilities within centers in their jurisdiction, where children taken into custody under RCW 13.32A.050 may be taken.


             Sec. 12. RCW 13.32A.065 and 2000 c . . . s 2 (section 2 of this act) are each amended to read as follows:

             (1) A child may be placed in ((either (a) a secure facility that is a separate, secure section of a juvenile detention facility; or (b))) detention after being taken into custody pursuant to RCW 13.32A.050(1)(d). ((In no case may a child in contempt be confined in a secure facility that is free-standing outside a juvenile detention facility.)) The court shall hold a detention review hearing within twenty-four hours, excluding Saturdays, Sundays, and holidays. The court shall release the child after twenty-four hours, excluding Saturdays, Sundays, and holidays, unless:

             (a) A motion and order to show why the child should not be held in contempt has been filed and served on the child at or before the detention hearing; and

             (b) The court believes that the child would not appear at a hearing on contempt.

             (2) If the court ((finds that the conditions in subsection (1)(a) and (b) of this section have been met)) orders the child to remain in detention, the court ((may order the child to remain confined either in (a) a secure facility that is a separate, secure section of a juvenile detention facility; or (b) detention, and)) shall set the matter for a hearing on contempt within seventy-two hours, excluding Saturdays, Sundays, and holidays. ((In no case may a child in contempt be confined in a secure facility that is free-standing outside a juvenile detention facility.))


             Sec. 13. RCW 13.32A.130 and 2000 c . . . s 3 (section 3 of this act) are each amended to read as follows:

             (1) A child admitted to a secure facility within a crisis residential center shall remain in the facility for not more than five consecutive days, but for at least twenty-four hours after admission. If the child admitted under this section is transferred between centers or between secure and semi-secure facilities, the aggregate length of time spent in all such centers or facilities may not exceed five consecutive days.

             (2)(a)(i) The facility administrator shall determine within twenty-four hours after a child's admission to a secure facility whether the child is likely to remain in a semi-secure facility and may transfer the child to a semi-secure facility or release the child to the department. The determination shall be based on: (A) The need for continued assessment, protection, and treatment of the child in a secure facility; and (B) the likelihood the child would remain at a semi-secure facility until his or her parents can take the child home or a petition can be filed under this title.

             (ii) In making the determination the administrator shall consider the following information if known: (A) The child's age and maturity; (B) the child's condition upon arrival at the center; (C) the circumstances that led to the child's being taken to the center; (D) whether the child's behavior endangers the health, safety, or welfare of the child or any other person; (E) the child's history of running away which has endangered the health, safety, and welfare of the child; and (F) the child's willingness to cooperate in the assessment.

             (b) If the administrator of a secure facility determines the child is unlikely to remain in a semi-secure facility, the administrator shall keep the child in the secure facility pursuant to this chapter and in order to provide for space for the child may transfer another child who has been in the facility for at least seventy-two hours to a semi-secure facility. The administrator shall only make a transfer of a child after determining that the child who may be transferred is likely to remain at the semi-secure facility.

             (c) A crisis residential center administrator is authorized to transfer a child to a crisis residential center in the area where the child's parents reside or where the child's lawfully prescribed residence is located.

             (d) An administrator may transfer a child from a semi-secure facility to a secure facility whenever he or she reasonably believes that the child is likely to leave the semi-secure facility and not return and after full consideration of all factors in (a)(i) and (ii) of this subsection.

             (3) If no parent is available or willing to remove the child during the first seventy-two hours following admission, the department shall consider the filing of a petition under RCW 13.32A.140.

             (4) Notwithstanding the provisions of subsection (1) of this section, the parents may remove the child at any time during the five-day period unless the staff of the crisis residential center has reasonable cause to believe that the child is absent from the home because he or she is abused or neglected or if allegations of abuse or neglect have been made against the parents. The department or any agency legally charged with the supervision of a child may remove a child from a crisis residential center at any time after the first twenty-four-hour period after admission has elapsed and only after full consideration by all parties of the factors in subsection (2)(a) of this section.

             (5) Crisis residential center staff shall make reasonable efforts to protect the child and achieve a reconciliation of the family. If a reconciliation and voluntary return of the child has not been achieved within forty-eight hours from the time of intake, and if the administrator of the center does not consider it likely that reconciliation will be achieved within the five-day period, then the administrator shall inform the parent and child of: (a) The availability of counseling services; (b) the right to file a child in need of services petition for an out-of-home placement, the right of a parent to file an at-risk youth petition, and the right of the parent and child to obtain assistance in filing the petition; (c) the right to request the facility administrator or his or her designee to form a multidisciplinary team; (d) the right to request a review of any out-of-home placement; (e) the right to request a mental health or chemical dependency evaluation by a county-designated professional or a private treatment facility; and (f) the right to request treatment in a program to address the child's at-risk behavior under RCW 13.32A.197.

             (6) At no time shall information regarding a parent's or child's rights be withheld. The department shall develop and distribute to all law enforcement agencies and to each crisis residential center administrator a written statement delineating the services and rights. Every officer taking a child into custody shall provide the child and his or her parent(s) or responsible adult with whom the child is placed with a copy of the statement. In addition, the administrator of the facility or his or her designee shall provide every resident and parent with a copy of the statement.

             (7) A crisis residential center and its administrator or his or her designee acting in good faith in carrying out the provisions of this section are immune from criminal or civil liability for such actions.

             (((8) This section does not apply to children admitted to a secure facility that is a separate, secure section of a juvenile detention facility under a court order issued under RCW 13.32A.250(3) or 28A.225.090(2). In no case may a child in contempt be confined in a secure facility that is free-standing outside a juvenile detention facility.))


             Sec. 14. RCW 13.32A.250 and 2000 c . . . s 4 (section 4 of this act) are each amended to read as follows:

             (1) In all child in need of services proceedings and at-risk youth proceedings, the court shall verbally notify the parents and the child of the possibility of a finding of contempt for failure to comply with the terms of a court order entered pursuant to this chapter. Except as otherwise provided in this section, the court shall treat the parents and the child equally for the purposes of applying contempt of court processes and penalties under this section.

             (2) Failure by a party to comply with an order entered under this chapter is a civil contempt of court as provided in RCW 7.21.030(2)(e), subject to the limitations of subsection (3) of this section.

             (3) The court may impose remedial sanctions including a fine of up to one hundred dollars and confinement for up to seven days, or both for contempt of court under this section.

             (4) A child placed in confinement for contempt under this section shall be placed in confinement ((either)) only in a secure juvenile detention facility operated by or pursuant to a contract with a county ((or a secure facility that is a separate, secure section of a juvenile detention facility. In no case may a child in contempt be confined in a secure facility that is free-standing outside a juvenile detention facility.))

             (5) A motion for contempt may be made by a parent, a child, juvenile court personnel, or by any public agency, organization, or person having custody of the child under a court order adopted pursuant to this chapter.

             (6) Whenever the court finds probable cause to believe, based upon consideration of a motion for contempt and the information set forth in a supporting declaration, that a child has violated a placement order entered under this chapter, the court may issue an order directing law enforcement to pick up and take the child to detention ((or to a secure facility)). The order may be entered ex parte without prior notice to the child or other parties. Following the child's admission to detention ((or to the secure facility)), a detention review hearing must be held in accordance with RCW 13.32A.065.


             Sec. 15. RCW 28A.225.090 and 2000 c . . . s 6 (section 6 of this act) are each amended to read as follows:

             (1) A court may order a child subject to a petition under RCW 28A.225.035 to:

             (a) Attend the child's current school;

             (b) If there is space available and the program can provide educational services appropriate for the child, order the child to attend another public school, an alternative education program, center, a skill center, dropout prevention program, or another public educational program;

             (c) Attend a private nonsectarian school or program including an education center. Before ordering a child to attend an approved or certified private nonsectarian school or program, the court shall: (i) Consider the public and private programs available; (ii) find that placement is in the best interest of the child; and (iii) find that the private school or program is willing to accept the child and will not charge any fees in addition to those established by contract with the student's school district. If the court orders the child to enroll in a private school or program, the child's school district shall contract with the school or program to provide educational services for the child. The school district shall not be required to contract for a weekly rate that exceeds the state general apportionment dollars calculated on a weekly basis generated by the child and received by the district. A school district shall not be required to enter into a contract that is longer than the remainder of the school year. A school district shall not be required to enter into or continue a contract if the child is no longer enrolled in the district;

             (d) Be referred to a community truancy board, if available; or

             (e) Submit to testing for the use of controlled substances or alcohol based on a determination that such testing is appropriate to the circumstances and behavior of the child and will facilitate the child's compliance with the mandatory attendance law.

             (2) If the child fails to comply with the court order, the court may order the child to be ((placed in confinement for contempt, either in a juvenile detention facility operated by or under a contract with a county or in a secure facility that is a separate, secure section of a juvenile detention facility)) subject to detention, as provided in RCW 7.21.030(2)(e), or may impose alternatives to ((confinement)) detention such as community service. Failure by a child to comply with an order issued under this subsection shall not be subject to detention for a period greater than that permitted pursuant to a civil contempt proceeding against a child under chapter 13.32A RCW. ((In no case may a child in contempt be confined in a secure facility that is free-standing outside a juvenile detention facility.))

             (3) Any parent violating any of the provisions of either RCW 28A.225.010, 28A.225.015, or 28A.225.080 shall be fined not more than twenty-five dollars for each day of unexcused absence from school. It shall be a defense for a parent charged with violating RCW 28A.225.010 to show that he or she exercised reasonable diligence in attempting to cause a child in his or her custody to attend school or that the child's school did not perform its duties as required in RCW 28A.225.020. The court may order the parent to provide community service instead of imposing a fine. Any fine imposed pursuant to this section may be suspended upon the condition that a parent charged with violating RCW 28A.225.010 shall participate with the school and the child in a supervised plan for the child's attendance at school or upon condition that the parent attend a conference or conferences scheduled by a school for the purpose of analyzing the causes of a child's absence.

             (4) If a child continues to be truant after entering into a court-approved order with the truancy board under RCW 28A.225.035, the juvenile court shall find the child in contempt, and the court may order the child to be subject to detention, as provided in RCW 7.21.030(2)(e), or may impose alternatives to detention such as meaningful community service. Failure by a child to comply with an order issued under this subsection may not subject a child to detention for a period greater than that permitted under a civil contempt proceeding against a child under chapter 13.32A RCW.

             (5) Subsections (1), (2), and (4) of this section shall not apply to a six or seven year-old child required to attend public school under RCW 28A.225.015.


             Sec. 16. RCW 74.13.033 and 2000 c . . . s 7 (section 7 of this act) are each amended to read as follows:

             (1) If a resident of a center becomes by his or her behavior disruptive to the facility's program, such resident may be immediately removed to a separate area within the facility and counseled on an individual basis until such time as the child regains his or her composure. The department may set rules and regulations establishing additional procedures for dealing with severely disruptive children on the premises. ((A child confined in a secure facility that is a separate, secure section of a juvenile detention facility under RCW 13.32A.250(3) or 28A.225.090(2) may be moved to an available bed in a juvenile detention facility. In no case may a child in contempt be confined in a secure facility that is free-standing outside a juvenile detention facility.))

             (2) When the juvenile resides in this facility, all services deemed necessary to the juvenile's reentry to normal family life shall be made available to the juvenile as required by chapter 13.32A RCW. In assessing the child and providing these services, the facility staff shall:

             (a) Interview the juvenile as soon as possible;

             (b) Contact the juvenile's parents and arrange for a counseling interview with the juvenile and his or her parents as soon as possible;

             (c) Conduct counseling interviews with the juvenile and his or her parents, to the end that resolution of the child/parent conflict is attained and the child is returned home as soon as possible;

             (d) Provide additional crisis counseling as needed, to the end that placement of the child in the crisis residential center will be required for the shortest time possible, but not to exceed five consecutive days ((or, in the case of a child admitted by court order issued under RCW 13.32A.250(3) or 28A.225.090(2), seven consecutive days)); and

             (e) Convene, when appropriate, a multidisciplinary team.

             (3) Based on the assessments done under subsection (2) of this section the facility staff may refer any child who, as the result of a mental or emotional disorder, or intoxication by alcohol or other drugs, is suicidal, seriously assaultive, or seriously destructive toward others, or otherwise similarly evidences an immediate need for emergency medical evaluation and possible care, for evaluation pursuant to chapter 71.34 RCW, to a mental health professional pursuant to chapter 71.05 RCW, or to a chemical dependency specialist pursuant to chapter 70.96A RCW whenever such action is deemed appropriate and consistent with law.

             (4) A juvenile taking unauthorized leave from a facility shall be apprehended and returned to it by law enforcement officers or other persons designated as having this authority as provided in RCW 13.32A.050. If returned to the facility after having taken unauthorized leave for a period of more than twenty-four hours a juvenile shall be supervised by such a facility for a period, pursuant to this chapter, which, unless where otherwise provided, may not exceed five consecutive days on the premises. Costs of housing juveniles admitted to crisis residential centers shall be assumed by the department for a period not to exceed five consecutive days.


             Sec. 17. RCW 74.13.034 and 2000 c . . . s 8 (section 8 of this act) are each amended to read as follows:

             (1) A child taken into custody and taken to a crisis residential center established pursuant to RCW 74.13.032 may, if the center is unable to provide appropriate treatment, supervision, and structure to the child, be taken at department expense to another crisis residential center, the nearest regional secure crisis residential center, or a secure facility with which it is collocated under RCW 74.13.032. Placement in both locations shall not exceed five consecutive days from the point of intake as provided in RCW 13.32A.130 ((or, in the case of a child admitted by court order issued under RCW 13.32A.250(3) or 28A.225.090(2), seven consecutive days)).

             (2) A child taken into custody and taken to a crisis residential center established by this chapter may be placed physically by the department or the department's designee and, at departmental expense and approval, in a secure juvenile detention facility operated by the county in which the center is located for a maximum of forty-eight hours, including Saturdays, Sundays, and holidays, if the child has taken unauthorized leave from the center and the person in charge of the center determines that the center cannot provide supervision and structure adequate to ensure that the child will not again take unauthorized leave. Juveniles placed in such a facility pursuant to this section may not, to the extent possible, come in contact with alleged or convicted juvenile or adult offenders.

             (3) Any child placed in secure detention pursuant to this section shall, during the period of confinement, be provided with appropriate treatment by the department or the department's designee, which shall include the services defined in RCW 74.13.033(2). If the child placed in secure detention is not returned home or if an alternative living arrangement agreeable to the parent and the child is not made within twenty-four hours after the child's admission, the child shall be taken at the department's expense to a crisis residential center. Placement in the crisis residential center or centers plus placement in juvenile detention shall not exceed five consecutive days from the point of intake as provided in RCW 13.32A.130 ((or, in the case of a child admitted by court order issued under RCW 13.32A.250(3) or 28A.225.090(2), seven consecutive days)).

             (4) Juvenile detention facilities used pursuant to this section shall first be certified by the department to ensure that juveniles placed in the facility pursuant to this section are provided with living conditions suitable to the well-being of the child. Where space is available, juvenile courts, when certified by the department to do so, shall provide secure placement for juveniles pursuant to this section, at department expense.


             Sec. 18. RCW 13.50.100 and 1999 c 390 s 3 are each amended to read as follows:

             (1) This section governs records not covered by RCW 13.50.050.

             (2) Records covered by this section shall be confidential and shall be released only pursuant to this section and RCW 13.50.010.

             (3) Records retained or produced by any juvenile justice or care agency may be released to other participants in the juvenile justice or care system only when an investigation or case involving the juvenile in question is being pursued by the other participant or when that other participant is assigned the responsibility of supervising the juvenile. Records covered under this section and maintained by the juvenile courts which relate to the official actions of the agency may be entered in the state-wide juvenile court information system.

             (4) A contracting agency or service provider of the department of social and health services that provides counseling, psychological, psychiatric, or medical services may release to the office of the family and children's ombudsman information or records relating to services provided to a juvenile who is dependent under chapter 13.34 RCW without the consent of the parent or guardian of the juvenile, or of the juvenile if the juvenile is under the age of thirteen years, unless such release is otherwise specifically prohibited by law.

             (5) A juvenile, his or her parents, the juvenile's attorney and the juvenile's parent's attorney, shall, upon request, be given access to all records and information collected or retained by a juvenile justice or care agency which pertain to the juvenile except:

             (a) If it is determined by the agency that release of this information is likely to cause severe psychological or physical harm to the juvenile or his or her parents the agency may withhold the information subject to other order of the court: PROVIDED, That if the court determines that limited release of the information is appropriate, the court may specify terms and conditions for the release of the information; or

             (b) If the information or record has been obtained by a juvenile justice or care agency in connection with the provision of counseling, psychological, psychiatric, or medical services to the juvenile, when the services have been sought voluntarily by the juvenile, and the juvenile has a legal right to receive those services without the consent of any person or agency, then the information or record may not be disclosed to the juvenile's parents without the informed consent of the juvenile unless otherwise authorized by law; or

             (c) That the department of social and health services may delete the name and identifying information regarding persons or organizations who have reported alleged child abuse or neglect.

             (6) A juvenile or his or her parent denied access to any records following an agency determination under subsection (5) of this section may file a motion in juvenile court requesting access to the records. The court shall grant the motion unless it finds access may not be permitted according to the standards found in subsections (5)(a) and (b) of this section.

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

             (8) Subject to the rules of discovery in civil cases, any party to a proceeding seeking a declaration of dependency or a termination of the parent-child relationship and any party's counsel and the guardian ad litem of any party, shall have access to the records of any natural or adoptive child of the parent, subject to the limitations in subsection (5) of this section. A party denied access to records may request judicial review of the denial. If the party prevails, he or she shall be awarded attorneys' fees, costs, and an amount not less than five dollars and not more than one hundred dollars for each day the records were wrongfully denied.

             (9) No unfounded allegation of child abuse or neglect as defined in RCW 26.44.020(12) may be disclosed to a child-placing agency, private adoption agency, or any other licensed provider.


             Sec. 19. RCW 26.44.020 and 1999 c 176 s 29 are each amended to read as follows:

             The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

             (1) "Court" means the superior court of the state of Washington, juvenile department.

             (2) "Law enforcement agency" means the police department, the prosecuting attorney, the state patrol, the director of public safety, or the office of the sheriff.

             (3) "Practitioner of the healing arts" or "practitioner" means a person licensed by this state to practice podiatric medicine and surgery, optometry, chiropractic, nursing, dentistry, osteopathic medicine and surgery, or medicine and surgery or to provide other health services. The term "practitioner" includes a duly accredited Christian Science practitioner: PROVIDED, HOWEVER, That a person who is being furnished Christian Science treatment by a duly accredited Christian Science practitioner will not be considered, for that reason alone, a neglected person for the purposes of this chapter.

             (4) "Institution" means a private or public hospital or any other facility providing medical diagnosis, treatment or care.

             (5) "Department" means the state department of social and health services.

             (6) "Child" or "children" means any person under the age of eighteen years of age.

             (7) "Professional school personnel" include, but are not limited to, teachers, counselors, administrators, child care facility personnel, and school nurses.

             (8) "Social service counselor" means anyone engaged in a professional capacity during the regular course of employment in encouraging or promoting the health, welfare, support or education of children, or providing social services to adults or families, including mental health, drug and alcohol treatment, and domestic violence programs, whether in an individual capacity, or as an employee or agent of any public or private organization or institution.

             (9) "Psychologist" means any person licensed to practice psychology under chapter 18.83 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

             (10) "Pharmacist" means any registered pharmacist under chapter 18.64 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

             (11) "Clergy" means any regularly licensed or ordained minister, priest, or rabbi of any church or religious denomination, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

             (12) "Abuse or neglect" means the injury, sexual abuse, sexual exploitation, negligent treatment, or maltreatment of a child by any person under circumstances which indicate that the child's health, welfare, and safety is harmed, excluding conduct permitted under RCW 9A.16.100. An abused child is a child who has been subjected to child abuse or neglect as defined in this section.

             (13) "Child protective services section" means the child protective services section of the department.

             (14) "Sexual exploitation" includes: (a) Allowing, permitting, or encouraging a child to engage in prostitution by any person; or (b) allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child by any person.

             (15) "Negligent treatment or maltreatment" means an act or omission that evidences a serious disregard of consequences of such magnitude as to constitute a clear and present danger to the child's health, welfare, and safety. The fact that siblings share a bedroom is not, in and of itself, negligent treatment or maltreatment.

             (16) "Child protective services" means those services provided by the department designed to protect children from child abuse and neglect and safeguard such children from future abuse and neglect, and conduct investigations of child abuse and neglect reports. Investigations may be conducted regardless of the location of the alleged abuse or neglect. Child protective services includes referral to services to ameliorate conditions that endanger the welfare of children, the coordination of necessary programs and services relevant to the prevention, intervention, and treatment of child abuse and neglect, and services to children to ensure that each child has a permanent home. In determining whether protective services should be provided, the department shall not decline to provide such services solely because of the child's unwillingness or developmental inability to describe the nature and severity of the abuse or neglect.

             (17) "Malice" or "maliciously" means an evil intent, wish, or design to vex, annoy, or injure another person. Such malice may be inferred from an act done in willful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a willful disregard of social duty.

             (18) "Sexually aggressive youth" means a child who is defined in RCW 74.13.075(1)(b) as being a sexually aggressive youth.

             (19) "Unfounded" means available information indicates that, more likely than not, child abuse or neglect did not occur. No unfounded allegation of child abuse or neglect may be disclosed to a child-placing agency, private adoption agency, or any other provider licensed under chapter 74.15 RCW.


             Sec. 20. RCW 74.15.030 and 1997 c 386 s 33 are each amended to read as follows:

             The secretary shall have the power and it shall be the secretary's duty:

             (1) In consultation with the children's services advisory committee, and with the advice and assistance of persons representative of the various type agencies to be licensed, to designate categories of facilities for which separate or different requirements shall be developed as may be appropriate whether because of variations in the ages, sex and other characteristics of persons served, variations in the purposes and services offered or size or structure of the agencies to be licensed hereunder, or because of any other factor relevant thereto;

             (2) In consultation with the children's services advisory committee, and with the advice and assistance of persons representative of the various type agencies to be licensed, to adopt and publish minimum requirements for licensing applicable to each of the various categories of agencies to be licensed.

             The minimum requirements shall be limited to:

             (a) The size and suitability of a facility and the plan of operation for carrying out the purpose for which an applicant seeks a license;

             (b) The character, suitability and competence of an agency and other persons associated with an agency directly responsible for the care and treatment of children, expectant mothers or developmentally disabled persons. In consultation with law enforcement personnel, the secretary shall investigate the conviction record or pending charges and dependency record information under chapter 43.43 RCW of each agency and its staff seeking licensure or relicensure. No unfounded allegation of child abuse or neglect as defined in RCW 26.44.020 may be disclosed to a child-placing agency, private adoption agency, or any other provider licensed under this chapter. In order to determine the suitability of applicants for an agency license, licensees, their employees, and other persons who have unsupervised access to children in care, and who have not resided in the state of Washington during the three-year period before being authorized to care for children shall be fingerprinted. The fingerprints shall be forwarded to the Washington state patrol and federal bureau of investigation for a criminal history records check. The fingerprint criminal history records checks will be at the expense of the licensee except that in the case of a foster family home, if this expense would work a hardship on the licensee, the department shall pay the expense. The licensee may not pass this cost on to the employee or prospective employee, unless the employee is determined to be unsuitable due to his or her criminal history record. The secretary shall use the information solely for the purpose of determining eligibility for a license and for determining the character, suitability, and competence of those persons or agencies, excluding parents, not required to be licensed who are authorized to care for children, expectant mothers, and developmentally disabled persons. Criminal justice agencies shall provide the secretary such information as they may have and that the secretary may require for such purpose;

             (c) The number of qualified persons required to render the type of care and treatment for which an agency seeks a license;

             (d) The safety, cleanliness, and general adequacy of the premises to provide for the comfort, care and well-being of children, expectant mothers or developmentally disabled persons;

             (e) The provision of necessary care, including food, clothing, supervision and discipline; physical, mental and social well-being; and educational, recreational and spiritual opportunities for those served;

             (f) The financial ability of an agency to comply with minimum requirements established pursuant to chapter 74.15 RCW and RCW 74.13.031; and

             (g) The maintenance of records pertaining to the admission, progress, health and discharge of persons served;

             (3) To investigate any person, including relatives by blood or marriage except for parents, for character, suitability, and competence in the care and treatment of children, expectant mothers, and developmentally disabled persons prior to authorizing that person to care for children, expectant mothers, and developmentally disabled persons. However, if a child is placed with a relative under RCW 13.34.060 or 13.34.130, and if such relative appears otherwise suitable and competent to provide care and treatment the criminal history background check required by this section need not be completed before placement, but shall be completed as soon as possible after placement;

             (4) On reports of alleged child abuse and neglect, to investigate agencies in accordance with chapter 26.44 RCW, including child day-care centers and family day-care homes, to determine whether the alleged abuse or neglect has occurred, and whether child protective services or referral to a law enforcement agency is appropriate;

             (5) To issue, revoke, or deny licenses to agencies pursuant to chapter 74.15 RCW and RCW 74.13.031. Licenses shall specify the category of care which an agency is authorized to render and the ages, sex and number of persons to be served;

             (6) To prescribe the procedures and the form and contents of reports necessary for the administration of chapter 74.15 RCW and RCW 74.13.031 and to require regular reports from each licensee;

             (7) To inspect agencies periodically to determine whether or not there is compliance with chapter 74.15 RCW and RCW 74.13.031 and the requirements adopted hereunder;

             (8) To review requirements adopted hereunder at least every two years and to adopt appropriate changes after consultation with the child care coordinating committee and other affected groups for child day-care requirements and with the children's services advisory committee for requirements for other agencies; and

             (9) To consult with public and private agencies in order to help them improve their methods and facilities for the care of children, expectant mothers and developmentally disabled persons.


             NEW SECTION. Sec. 21. Sections 11 through 17 of this act take effect July 1, 2002.


             NEW SECTION. Sec. 22. Sections 5, 9, and 10 of this act expire June 30, 2002."


             On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "children; amending RCW 13.32A.060, 13.32A.065, 13.32A.130, 13.32A.250, 28A.225.090, 74.13.033, 74.13.034, 13.32A.060, 13.32A.065, 13.32A.130, 13.32A.250, 28A.225.090, 74.13.033, 74.13.034, 13.50.100, 26.44.020, and 74.15.030; adding new sections to chapter 13.32A RCW; providing an effective date; and providing an expiration date."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to Substitute House Bill No. 2372 and advanced the bill as amended by the Senate to final passage.


             Representative Tokuda spoke in favor of final passage of the bill.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Ogden presiding) stated the question before the House to be final passage of Substitute House Bill No. 2372 as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2372 as amended by the Senate and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 97.

             Excused: Representative Schmidt - 1.


             Substitute House Bill No. 2372, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

March 1, 2000

Mr. Speaker:


             The Senate has passed House Bill No. 2452 with the following amendment(s)


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 18.35.240 and 1996 c 200 s 30 are each amended to read as follows:

             (1) Every ((establishment)) individual engaged in the fitting and dispensing of hearing instruments shall ((file with the department)) be covered by a surety bond ((in the sum)) of ten thousand dollars((, running to the state of Washington)) or more, for the benefit of any person injured or damaged as a result of any violation by the ((establishment's)) licensee, certificate or permit holder, or their employees or agents of any of the provisions of this chapter or rules adopted by the secretary.

             (2) In lieu of the surety bond required by this section, the ((establishment may file with the department a cash)) licensee or certificate or permit holder may deposit cash or other negotiable security ((acceptable to the department)) in a banking institution as defined in chapter 30.04 RCW or a credit union as defined in chapter 31.12 RCW. All obligations and remedies relating to surety bonds shall apply to deposits and security filed in lieu of surety bonds.

             (3) If a cash deposit or other negotiable security is filed, ((the department shall deposit the funds. The cash or other negotiable security deposited with the department shall be returned to the depositor)) the licensee or certificate or permit holder shall maintain such cash or other negotiable security for one year after ((the establishment has discontinued)) discontinuing the fitting and dispensing of hearing instruments ((if no legal action has been instituted against the establishment, its agents or employees, or the cash deposit or other security. The establishment owners shall notify the department if the establishment is sold, changes names, or has discontinued the fitting and dispensing of hearing instruments in order that the cash deposit or other security may be released at the end of one year from that date.

             (4) A surety may file with the department notice of withdrawal of the bond of the establishment. Upon filing a new bond, or upon the expiration of sixty days after the filing of notice of withdrawal by the surety, the liability of the former surety for all future acts of the establishment terminates.

             (5) Upon the filing with the department notice by a surety of withdrawal of the surety on the bond of an establishment or upon the cancellation by the department of the bond of a surety under this section, the department shall immediately give notice to the establishment by certified or registered mail with return receipt requested addressed to the establishment's last place of business as filed with the department.

             (6) The department shall immediately cancel the bond given by a surety company upon being advised that the surety company's license to transact business in this state has been revoked)).

             (((7))) (4) Each invoice for the purchase of a hearing instrument provided to a customer must clearly display on the first page the bond number ((of the establishment or)) covering the licensee or certificate or permit holder responsible for fitting/dispensing the hearing instrument.

             (5) All licensed hearing instrument fitter/dispensers, certified audiologists, and permit holders must verify compliance with the requirement to hold a surety bond or cash or other negotiable security by submitting a signed declaration of compliance upon annual renewal of their license, certificate, or permit. Up to twenty-five percent of the credential holders may be randomly audited for surety bond compliance after the credential is renewed. It is the credential holder's responsibility to submit a copy of the original surety bond or bonds, or documentation that cash or other negotiable security is held in a banking institution during the time period being audited. Failure to comply with the audit documentation request or failure to supply acceptable documentation within thirty days may result in disciplinary action.


             Sec. 2. RCW 18.35.240 and 1998 c 142 s 18 are each amended to read as follows:

             (1) Every ((establishment)) individual engaged in the fitting and dispensing of hearing instruments shall ((file with the department)) be covered by a surety bond ((in the sum)) of ten thousand dollars((, running to the state of Washington)) or more, for the benefit of any person injured or damaged as a result of any violation by the ((establishment's)) licensee, certificate or permit holder, or their employees or agents of any of the provisions of this chapter or rules adopted by the secretary.

             (2) In lieu of the surety bond required by this section, the ((establishment may file with the department a cash)) licensee or certificate or permit holder may deposit cash or other negotiable security ((acceptable to the department)) in a banking institution as defined in chapter 30.04 RCW or a credit union as defined in chapter 31.12 RCW. All obligations and remedies relating to surety bonds shall apply to deposits and security filed in lieu of surety bonds.

             (3) If a cash deposit or other negotiable security is filed, ((the department shall deposit the funds. The cash or other negotiable security deposited with the department shall be returned to the depositor)) the licensee or certificate or permit holder shall maintain such cash or other negotiable security for one year after ((the establishment has discontinued)) discontinuing the fitting and dispensing of hearing instruments ((if no legal action has been instituted against the establishment, its agents or employees, or the cash deposit or other security. The establishment owners shall notify the department if the establishment is sold, changes names, or has discontinued the fitting and dispensing of hearing instruments in order that the cash deposit or other security may be released at the end of one year from that date.

             (4) A surety may file with the department notice of withdrawal of the bond of the establishment. Upon filing a new bond, or upon the expiration of sixty days after the filing of notice of withdrawal by the surety, the liability of the former surety for all future acts of the establishment terminates.

             (5) Upon the filing with the department notice by a surety of withdrawal of the surety on the bond of an establishment or upon the cancellation by the department of the bond of a surety under this section, the department shall immediately give notice to the establishment by certified or registered mail with return receipt requested addressed to the establishment's last place of business as filed with the department.

             (6) The department shall immediately cancel the bond given by a surety company upon being advised that the surety company's license to transact business in this state has been revoked)).

             (((7))) (4) Each invoice for the purchase of a hearing instrument provided to a customer must clearly display on the first page the bond number ((of the establishment or)) covering the licensee or certificate or interim permit holder responsible for fitting/dispensing the hearing instrument.

             (5) All licensed hearing instrument fitter/dispensers, certified audiologists, and permit holders must verify compliance with the requirement to hold a surety bond or cash or other negotiable security by submitting a signed declaration of compliance upon annual renewal of their license, certificate, or permit. Up to twenty-five percent of the credential holders may be randomly audited for surety bond compliance after the credential is renewed. It is the credential holder's responsibility to submit a copy of the original surety bond or bonds, or documentation that cash or other negotiable security is held in a banking institution during the time period being audited. Failure to comply with the audit documentation request or failure to supply acceptable documentation within thirty days may result in disciplinary action.


             Sec. 3. RCW 18.35.250 and 1996 c 200 s 31 are each amended to read as follows:

             (1) In addition to any other legal remedies, an action may be brought in any court of competent jurisdiction upon the bond, cash deposit, or security in lieu of a surety bond required by this chapter, by any person having a claim against a licensee or certificate or permit holder, agent, or ((establishment)) employee for any violation of this chapter or any rule adopted under this chapter. The aggregate liability of the surety, cash deposit, or other negotiable security to all claimants shall in no event exceed the sum of the bond. Claims shall be satisfied in the order of judgment rendered.

             (2) An action upon the bond, cash deposit, or other negotiable security shall be commenced by serving and filing ((the)) a complaint ((within one year from the date of the cancellation of the bond. An action upon a cash deposit or other security shall be commenced by serving and filing the complaint within one year from the date of notification to the department of the change in ownership of the establishment or the discontinuation of the fitting and dispensing of hearing instruments by that establishment. Two copies of the complaint shall be served by registered or certified mail, return receipt requested, upon the department at the time the suit is started. The service constitutes service on the surety. The secretary shall transmit one copy of the complaint to the surety within five business days after the copy has been received.

             (3) The secretary shall maintain a record, available for public inspection, of all suits commenced under this chapter under surety bonds, or the cash or other security deposited in lieu of the surety bond. In the event that any final judgment impairs the liability of the surety upon a bond so furnished or the amount of the deposit so that there is not in effect a bond undertaking or deposit in the full amount prescribed in this section, the department shall suspend the license or certificate until the bond undertaking or deposit in the required amount, unimpaired by unsatisfied judgment claims, has been furnished.

             (4) If a judgment is entered against the deposit or security required under this chapter, the department shall, upon receipt of a certified copy of a final judgment, pay the judgment from the amount of the deposit or security)).


             Sec. 4. RCW 18.35.250 and 1998 c 142 s 19 are each amended to read as follows:

             (1) In addition to any other legal remedies, an action may be brought in any court of competent jurisdiction upon the bond, cash deposit, or security in lieu of a surety bond required by this chapter, by any person having a claim against a licensee or certificate or interim permit holder, agent, or ((establishment)) employee for any violation of this chapter or any rule adopted under this chapter. The aggregate liability of the surety, cash deposit, or other negotiable security to all claimants shall in no event exceed the sum of the bond. Claims shall be satisfied in the order of judgment rendered.

             (2) An action upon the bond, cash deposit, or other negotiable security shall be commenced by serving and filing ((the)) a complaint ((within one year from the date of the cancellation of the bond. An action upon a cash deposit or other security shall be commenced by serving and filing the complaint within one year from the date of notification to the department of the change in ownership of the establishment or the discontinuation of the fitting and dispensing of hearing instruments by that establishment. Two copies of the complaint shall be served by registered or certified mail, return receipt requested, upon the department at the time the suit is started. The service constitutes service on the surety. The secretary shall transmit one copy of the complaint to the surety within five business days after the copy has been received.

             (3) The secretary shall maintain a record, available for public inspection, of all suits commenced under this chapter under surety bonds, or the cash or other security deposited in lieu of the surety bond. In the event that any final judgment impairs the liability of the surety upon a bond so furnished or the amount of the deposit so that there is not in effect a bond undertaking or deposit in the full amount prescribed in this section, the department shall suspend the license or certificate until the bond undertaking or deposit in the required amount, unimpaired by unsatisfied judgment claims, has been furnished.

             (4) If a judgment is entered against the deposit or security required under this chapter, the department shall, upon receipt of a certified copy of a final judgment, pay the judgment from the amount of the deposit or security)).


             Sec. 5. RCW 18.48.020 and 1996 c 81 s 4 are each amended to read as follows:

             (1) The secretary shall register adult family home providers and resident managers.

             (2) The secretary, by policy or rule, shall define terms and establish forms and procedures for registration applications, including the payment of registration fees pursuant to RCW 43.70.250. An application for an adult family home resident manager or provider registration shall include at least the following information:

             (a) Name and address; and

             (b) If the provider is a corporation, copies of its articles of incorporation and current bylaws, together with the names and addresses of its officers and directors.

             (((3) The secretary shall adopt policies or rules to establish the registration periods, fees, and procedures. If the adult family home is sold or ownership or management is transferred, the registration shall be voided and the provider and resident manager shall apply for a new registration.))


             Sec. 6. RCW 18.52.030 and 1992 c 53 s 3 are each amended to read as follows:

             Nursing homes operating within this state shall be under the active, overall administrative charge and supervision of an on-site full-time administrator licensed as provided in this chapter. No person acting in any capacity, unless the holder of a nursing home administrator's license issued under this chapter, shall be charged with the overall responsibility to make decisions or direct actions involved in managing the internal operation of a nursing home, except as specifically delegated in writing by the administrator to identify a responsible person to act on the administrator's behalf when the administrator is absent. The administrator shall review the decisions upon the administrator's return and amend the decisions if necessary. The board shall define by rule the parameters for on-site full-time administrators in nursing homes with small resident populations and nursing homes in rural areas, or separately licensed facilities collocated on the same campus((, as well as provide for the administrative requirements for nursing homes that are temporarily without administrators)).


             Sec. 7. RCW 18.83.135 and 1999 c 66 s 2 are each amended to read as follows:

             In addition to the authority prescribed under RCW 18.130.050, the board shall have the following authority:

             (1) To maintain records of all activities, and to publish and distribute to all psychologists at least once each year abstracts of significant activities of the ((committee)) board;

             (2) To obtain the written consent of the complaining client or patient or their legal representative, or of any person who may be affected by the complaint, in order to obtain information which otherwise might be confidential or privileged; and

             (3) To apply the provisions of the uniform disciplinary act, chapter 18.130 RCW, to all persons licensed as psychologists under this chapter.


             Sec. 8. RCW 18.92.013 and 1993 c 78 s 2 are each amended to read as follows:

             (1) A veterinarian legally prescribing drugs may delegate to a registered veterinary medication clerk or a registered ((animal)) veterinary technician, while under the veterinarian's direct supervision, certain nondiscretionary functions defined by the board and used in the dispensing of legend and nonlegend drugs (except controlled substances as defined in or under chapter 69.50 RCW) associated with the practice of veterinary medicine. Upon final approval of the packaged prescription following a direct physical inspection of the packaged prescription for proper formulation, packaging, and labeling by the veterinarian, the veterinarian may delegate the delivery of the prescription to a registered veterinary medication clerk or registered ((animal)) veterinary technician, while under the veterinarian's indirect supervision. Dispensing of drugs by veterinarians, registered ((animal)) veterinary technicians, and registered veterinary medication clerks shall meet the applicable requirements of chapters 18.64, 69.40, 69.41, and 69.50 RCW and is subject to inspection by the board of pharmacy investigators.

             (2) For the purposes of this section:

             (a) "Direct supervision" means the veterinarian is on the premises and is quickly and easily available; and

             (b) "Indirect supervision" means the veterinarian is not on the premises but has given written or oral instructions for the delegated task.


             Sec. 9. RCW 18.92.015 and 1993 c 78 s 1 are each amended to read as follows:

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

             "((Animal)) Veterinary technician" means a person who has successfully completed an examination administered by the board and who has either successfully completed a post high school course approved by the board in the care and treatment of animals or had five years' practical experience, acceptable to the board, with a licensed veterinarian.

             "Board" means the Washington state veterinary board of governors.

             "Department" means the department of health.

             "Secretary" means the secretary of the department of health.

             "Veterinary medication clerk" means a person who has satisfactorily completed a board-approved training program developed in consultation with the board of pharmacy and designed to prepare persons to perform certain nondiscretionary functions defined by the board and used in the dispensing of legend and nonlegend drugs (except controlled substances as defined in or under chapter 69.50 RCW) associated with the practice of veterinary medicine.


             Sec. 10. RCW 18.92.030 and 1995 c 198 s 13 are each amended to read as follows:

             The board shall develop and administer, or approve, or both, a licensure examination in the subjects determined by the board to be essential to the practice of veterinary medicine, surgery, and dentistry. The board may approve an examination prepared or administered by a private testing agency or association of licensing authorities. The board, under chapter 34.05 RCW, may adopt rules necessary to carry out the purposes of this chapter, including the performance of the duties and responsibilities of ((animal)) veterinary technicians and veterinary medication clerks. The rules shall be adopted in the interest of good veterinary health care delivery to the consuming public and shall not prevent ((animal)) veterinary technicians from inoculating an animal. The board also has the power to adopt by rule standards prescribing requirements for veterinary medical facilities and fixing minimum standards of continuing veterinary medical education.

             The department is the official office of record.


             Sec. 11. RCW 18.92.060 and 1995 c 317 s 2 are each amended to read as follows:

             Nothing in this chapter applies to:

             (1) Commissioned veterinarians in the United States military services or veterinarians employed by Washington state and federal agencies while performing official duties;

             (2) A person practicing veterinary medicine upon his or her own animal;

             (3) A person advising with respect to or performing the castrating and dehorning of cattle, castrating and docking of sheep, castrating of swine, caponizing of poultry, or artificial insemination of animals;

             (4)(a) A person who is a regularly enrolled student in a veterinary school or training course approved under RCW 18.92.015 and performing duties or actions assigned by his or her instructors or working under the direct supervision of a licensed veterinarian during a school vacation period or (b) a person performing assigned duties under the supervision of a veterinarian within the established framework of an internship program recognized by the board;

             (5) A veterinarian regularly licensed in another state consulting with a licensed veterinarian in this state;

             (6) ((An animal)) A veterinary technician or veterinary medication clerk acting under the supervision and control of a licensed veterinarian. The practice of ((an animal)) a veterinary technician or veterinary medication clerk is limited to the performance of services which are authorized by the board;

             (7) An owner being assisted in practice by his or her employees when employed in the conduct of the owner's business;

             (8) An owner being assisted in practice by some other person gratuitously;

             (9) The implanting in their own animals of any electronic device for identifying animals by established humane societies and animal control organizations that provide appropriate training, as determined by the veterinary board of governors, and/or direct or indirect supervision by a licensed veterinarian;

             (10) The implanting of any electronic device by a public fish and wildlife agency for the identification of fish or wildlife.


             Sec. 12. RCW 18.92.125 and 1993 c 78 s 5 are each amended to read as follows:

             No veterinarian who uses the services of ((an animal)) a veterinary technician or veterinary medication clerk shall be considered as aiding and abetting any unlicensed person to practice veterinary medicine. A veterinarian retains professional and personal responsibility for any act which constitutes the practice of veterinary medicine as defined in this chapter when performed by ((an animal)) a veterinary technician or veterinary medication clerk in his or her employ.


             Sec. 13. RCW 18.92.140 and 1996 c 191 s 79 are each amended to read as follows:

             Each person now qualified to practice veterinary medicine, surgery, and dentistry, registered as ((an animal)) a veterinary technician, or registered as a veterinary medication clerk in this state or who becomes licensed or registered to engage in practice shall comply with administrative procedures, administrative requirements, and fees determined as provided in RCW 43.70.250 and 43.70.280.


             Sec. 14. RCW 18.92.145 and 1996 c 191 s 80 are each amended to read as follows:

             Administrative procedures, administrative requirements, and fees shall be established as provided in RCW 43.70.250 and 43.70.280 for the issuance, renewal, or administration of the following licenses, certificates of registration, permits, duplicate licenses, renewals, or examination:

             (1) For a license to practice veterinary medicine, surgery, and dentistry issued upon an examination given by the examining board;

             (2) For a license to practice veterinary medicine, surgery, and dentistry issued upon the basis of a license issued in another state;

             (3) For a certificate of registration as ((an animal)) a veterinary technician;

             (4) For a certificate of registration as a veterinary medication clerk;

             (5) For a temporary permit to practice veterinary medicine, surgery, and dentistry. The temporary permit fee shall be accompanied by the full amount of the examination fee; and

             (6) For a license to practice specialized veterinary medicine.


             Sec. 15. RCW 18.120.020 and 1997 c 334 s 13 are each amended to read as follows:

             The definitions ((contained)) in this section ((shall)) apply throughout this chapter unless the context clearly requires otherwise.

             (1) "Applicant group" includes any health professional group or organization, any individual, or any other interested party which proposes that any health professional group not presently regulated be regulated or which proposes to substantially increase the scope of practice of the profession.

             (2) "Certificate" and "certification" mean a voluntary process by which a statutory regulatory entity grants recognition to an individual who (a) has met certain prerequisite qualifications specified by that regulatory entity, and (b) may assume or use "certified" in the title or designation to perform prescribed health professional tasks.

             (3) "Grandfather clause" means a provision in a regulatory statute applicable to practitioners actively engaged in the regulated health profession prior to the effective date of the regulatory statute which exempts the practitioners from meeting the prerequisite qualifications set forth in the regulatory statute to perform prescribed occupational tasks.

             (4) "Health professions" means and includes the following health and health-related licensed or regulated professions and occupations: Podiatric medicine and surgery under chapter 18.22 RCW; chiropractic under chapter 18.25 RCW; dental hygiene under chapter 18.29 RCW; dentistry under chapter 18.32 RCW; denturism under chapter 18.30 RCW; dispensing opticians under chapter 18.34 RCW; hearing instruments under chapter 18.35 RCW; naturopaths under chapter 18.36A RCW; embalming and funeral directing under chapter 18.39 RCW; midwifery under chapter 18.50 RCW; nursing home administration under chapter 18.52 RCW; optometry under chapters 18.53 and 18.54 RCW; ocularists under chapter 18.55 RCW; osteopathic medicine and surgery under chapters 18.57 and 18.57A RCW; pharmacy under chapters 18.64 and 18.64A RCW; medicine under chapters 18.71 and 18.71A RCW; emergency medicine under chapter 18.73 RCW; physical therapy under chapter 18.74 RCW; practical nurses under chapter 18.79 RCW; psychologists under chapter 18.83 RCW; registered nurses under chapter 18.79 RCW; occupational therapists licensed under chapter 18.59 RCW; respiratory care practitioners licensed under chapter 18.89 RCW; veterinarians and ((animal)) veterinary technicians under chapter 18.92 RCW; health care assistants under chapter 18.135 RCW; massage practitioners under chapter 18.108 RCW; acupuncturists licensed under chapter 18.06 RCW; persons registered or certified under chapter 18.19 RCW; dietitians and nutritionists certified by chapter 18.138 RCW; radiologic technicians under chapter 18.84 RCW; and nursing assistants registered or certified under chapter 18.88A RCW.

             (5) "Inspection" means the periodic examination of practitioners by a state agency in order to ascertain whether the practitioners' occupation is being carried out in a fashion consistent with the public health, safety, and welfare.

             (6) "Legislative committees of reference" means the standing legislative committees designated by the respective rules committees of the senate and house of representatives to consider proposed legislation to regulate health professions not previously regulated.

             (7) "License," "licensing," and "licensure" mean permission to engage in a health profession which would otherwise be unlawful in the state in the absence of the permission. A license is granted to those individuals who meet prerequisite qualifications to perform prescribed health professional tasks and for the use of a particular title.

             (8) "Professional license" means an individual, nontransferable authorization to carry on a health activity based on qualifications which include: (a) Graduation from an accredited or approved program, and (b) acceptable performance on a qualifying examination or series of examinations.

             (9) "Practitioner" means an individual who (a) has achieved knowledge and skill by practice, and (b) is actively engaged in a specified health profession.

             (10) "Public member" means an individual who is not, and never was, a member of the health profession being regulated or the spouse of a member, or an individual who does not have and never has had a material financial interest in either the rendering of the health professional service being regulated or an activity directly related to the profession being regulated.

             (11) "Registration" means the formal notification which, prior to rendering services, a practitioner shall submit to a state agency setting forth the name and address of the practitioner; the location, nature and operation of the health activity to be practiced; and, if required by the regulatory entity, a description of the service to be provided.

             (12) "Regulatory entity" means any board, commission, agency, division, or other unit or subunit of state government which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state.

             (13) "State agency" includes every state office, department, board, commission, regulatory entity, and agency of the state, and, where provided by law, programs and activities involving less than the full responsibility of a state agency.


             Sec. 16. RCW 18.73.030 and 1990 c 269 s 23 are each amended to read as follows:

             Unless a different meaning is plainly required by the context, the following words and phrases as used in this chapter shall have the meanings indicated.

             (1) "Secretary" means the secretary of the department of health.

             (2) "Department" means the department of health.

             (3) "Committee" means the emergency medical services licensing and certification advisory committee.

             (4) "Ambulance" means a ground or air vehicle designed and used to transport the ill and injured and to provide personnel, facilities, and equipment to treat patients before and during transportation.

             (5) "Aid vehicle" means a vehicle used to carry aid equipment and individuals trained in first aid or emergency medical procedure.

             (6) "Emergency medical technician" means a person who is authorized by the secretary to render emergency medical care pursuant to RCW 18.73.081.

             (7) (("Ambulance operator" means a person who owns one or more ambulances and operates them as a private business.

             (8) "Ambulance director" means a person who is a director of a service which operates one or more ambulances provided by a volunteer organization or governmental agency.

             (9) "Aid vehicle operator" means a person who owns one or more aid vehicles and operates them as a private business.

             (10) "Aid director" means a person who is a director of a service which operates one or more aid vehicles provided by a volunteer organization or governmental agency.

             (11))) "Ambulance service" means an organization that operates one or more ambulances.

             (8) "Aid service" means an organization that operates one or more aid vehicles.

             (9) "Emergency medical service" means medical treatment and care which may be rendered at the scene of any medical emergency or while transporting any patient in an ambulance to an appropriate medical facility, including ambulance transportation between medical facilities.

             (((12))) (10) "Communications system" means a radio and landline network which provides rapid public access, coordinated central dispatching of services, and coordination of personnel, equipment, and facilities in an emergency medical services and trauma care system.

             (((13))) (11) "Prehospital patient care protocols" means the written procedure adopted by the emergency medical services medical program director which direct the out-of-hospital emergency care of the emergency patient which includes the trauma care patient. These procedures shall be based upon the assessment of the patient's medical needs and what treatment will be provided for emergency conditions. The protocols shall meet or exceed state-wide minimum standards developed by the department in rule as authorized in chapter 70.168 RCW.

             (((14))) (12) "Patient care procedures" means written operating guidelines adopted by the regional emergency medical services and trauma care council, in consultation with the local emergency medical services and trauma care councils, emergency communication centers, and the emergency medical services medical program director, in accordance with state-wide minimum standards. The patient care procedures shall identify the level of medical care personnel to be dispatched to an emergency scene, procedures for triage of patients, the level of trauma care facility to first receive the patient, and the name and location of other trauma care facilities to receive the patient should an interfacility transfer be necessary. Procedures on interfacility transfer of patients shall be consistent with the transfer procedures in chapter 70.170 RCW.

             (((15))) (13) "Emergency medical services medical program director" means a person who is an approved medical program director as defined by RCW 18.71.205(4).

             (((16))) (14) "Council" means the local or regional emergency medical services and trauma care council as authorized under chapter 70.168 RCW.

             (((17))) (15) "Basic life support" means noninvasive emergency medical services requiring basic medical treatment skills as defined in chapter 18.73 RCW.

             (((18))) (16) "Advanced life support" means invasive emergency medical services requiring advanced medical treatment skills as defined by chapter 18.71 RCW.

             (((19))) (17) "First responder" means a person who is authorized by the secretary to render emergency medical care as defined by RCW 18.73.081.


             Sec. 17. RCW 18.73.101 and 1987 c 214 s 9 are each amended to read as follows:

             The secretary may grant a variance from a provision of this chapter and RCW 18.71.200 through 18.71.220 if no detriment to health and safety would result from the variance and compliance is expected to cause reduction or loss of existing emergency medical services. Variances may be granted for a period of no more than one year. A variance may be renewed by the secretary upon approval of the committee.


             Sec. 18. RCW 18.73.130 and 1992 c 128 s 2 are each amended to read as follows:

             An ambulance ((operator, ambulance director, aid vehicle operator or aid director)) service or aid service may not operate ((a service)) in the state of Washington without holding a license for such operation, issued by the secretary when such operation is consistent with the state-wide and regional emergency medical services and trauma care plans established pursuant to chapter 70.168 RCW, indicating the general area to be served and the number of vehicles to be used, with the following exceptions:

             (1) The United States government;

             (2) Ambulance ((operators and ambulance directors)) services providing service in other states when bringing patients into this state;

             (3) Owners of businesses in which ambulance or aid vehicles are used exclusively on company property but occasionally in emergencies may transport patients to hospitals not on company property; and

             (4) Operators of vehicles pressed into service for transportation of patients in emergencies when licensed ambulances are not available or cannot meet overwhelming demand.

             The license shall be valid for a period of two years and shall be renewed on request provided the holder has consistently complied with the regulations of the department and the department of licensing and provided also that the needs of the area served have been met satisfactorily. The license shall not be transferable and may be revoked if the service is found in violation of rules adopted by the department.


             Sec. 19. RCW 18.73.140 and 1992 c 128 s 3 are each amended to read as follows:

             The secretary shall issue an ambulance or aid vehicle license for each vehicle so designated. The license shall be for a period of two years and may be reissued on expiration if the vehicle and its equipment meet requirements in force at the time of expiration of the license period. The license may be revoked if the ambulance or aid vehicle is found to be operating in violation of the regulations promulgated by the department or without required equipment. The license shall be terminated automatically if the vehicle is sold or transferred to the control of ((anyone)) any organization not currently licensed as an ambulance or aid vehicle ((operator or director)) service. The license number shall be prominently displayed on each vehicle.


             Sec. 20. RCW 70.168.020 and 1990 c 269 s 5 are each amended to read as follows:

             (1) There is hereby created an emergency medical services and trauma care steering committee composed of representatives of individuals knowledgeable in emergency medical services and trauma care, including emergency medical providers such as physicians, nurses, hospital personnel, emergency medical technicians, paramedics, ambulance ((operators)) services, a member of the emergency medical services licensing and certification advisory committee, local government officials, state officials, consumers, and persons affiliated professionally with health science schools. The governor shall appoint members of the steering committee. Members shall be appointed for a period of three years. The department shall provide administrative support to the committee. All appointive members of the committee, in the performance of their duties, may be entitled to receive travel expenses as provided in RCW 43.03.050 and 43.03.060. The governor may remove members from the committee who have three unexcused absences from committee meetings. The governor shall fill any vacancies of the committee in a timely manner. The terms of those members representing the same field shall not expire at the same time.

             The committee shall elect a chair and a vice-chair whose terms of office shall be for one year each. The chair shall be ineligible for reelection after serving four consecutive terms.

             The committee shall meet on call by the governor, the secretary, or the chair.

             (2) The emergency medical services and trauma care steering committee shall:

             (a) Advise the department regarding emergency medical services and trauma care needs throughout the state.

             (b) Review the regional emergency medical services and trauma care plans and recommend changes to the department before the department adopts the plans.

             (c) Review proposed departmental rules for emergency medical services and trauma care.

             (d) Recommend modifications in rules regarding emergency medical services and trauma care.


             Sec. 21. RCW 71.12.455 and 1977 ex.s. c 80 s 43 are each amended to read as follows:

             As used in this chapter, "establishment" and "institution" mean and include every private hospital, sanitarium, home, or other place receiving or caring for any mentally ill, ((or)) mentally incompetent person, or ((alcoholic)) chemically dependent person.


             Sec. 22. RCW 71.12.460 and 1989 1st ex.s. c 9 s 226 are each amended to read as follows:

             No person, association, or corporation, shall establish or keep, for compensation or hire, an establishment as defined in this chapter without first having obtained a license therefor from the department of health, complied with rules adopted under this chapter, and ((having)) paid the license fee provided in this chapter. Any person who carries on, conducts, or attempts to carry on or conduct an establishment as defined in this chapter without first having obtained a license from the department of health, as in this chapter provided, is guilty of a misdemeanor and on conviction thereof shall be punished by imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment. The managing and executive officers of any corporation violating the provisions of this chapter shall be liable under the provisions of this chapter in the same manner and to the same effect as a private individual violating the same.


             Sec. 23. RCW 71.12.470 and 1987 c 75 s 19 are each amended to read as follows:

             Every application for a license shall be accompanied by a plan of the premises proposed to be occupied, describing the capacities of the buildings for the uses intended, the extent and location of grounds appurtenant thereto, and the number of patients proposed to be received therein, with such other information, and in such form, as the department of health requires. The application shall be accompanied by the proper license fee. The amount of the license fee shall be established by the department of health under RCW ((43.20B.110)) 43.70.110.


             Sec. 24. RCW 71.12.480 and 1989 1st ex.s. c 9 s 227 are each amended to read as follows:

             The department of health shall not grant any such license until it has made an examination of all phases of the operation of the establishment necessary to determine compliance with rules adopted under this chapter including the premises proposed to be licensed and is satisfied that ((they)) the premises are substantially as described, and are otherwise fit and suitable for the purposes for which they are designed to be used, and that such license should be granted.


             Sec. 25. RCW 71.12.500 and 1989 1st ex.s. c 9 s 230 and 1989 c 175 s 137 are each reenacted and amended to read as follows:

             The department of health may at any time examine and ascertain how far a licensed establishment is conducted in compliance with this chapter, the rules adopted under this chapter, and the requirements of the license therefor. If the interests of the patients of the establishment so demand, the department may, for just and reasonable cause, suspend, modify, or revoke any such license. RCW ((43.20A.205)) 43.70.115 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding.


             Sec. 26. RCW 71.12.510 and 1959 c 25 s 71.12.510 are each amended to read as follows:

             The department of health may at any time cause any establishment as defined in this chapter to be visited and examined.


             Sec. 27. RCW 71.12.520 and 1989 1st ex.s. c 9 s 231 are each amended to read as follows:

             Each such visit may include an inspection of every part of each establishment. The representatives of the department of health may make an examination of all records, methods of administration, the general and special dietary, the stores and methods of supply, and may cause an examination and diagnosis to be made of any person confined therein. The representatives of the department of health may examine to determine their fitness for their duties the officers, attendants, and other employees, and may talk with any of the patients apart from the officers and attendants.


             NEW SECTION. Sec. 28. A new section is added to chapter 71.12 RCW to read as follows:

             The department of health shall adopt rules for the licensing, operation, and inspections of establishments and institutions and the enforcement thereof.


             Sec. 29. RCW 18.46.005 and 1951 c 168 s 1 are each amended to read as follows:

             The purpose of this chapter is to provide for the development, establishment, and enforcement of standards for the maintenance and operation of ((maternity homes)) birthing centers, which, in the light of advancing knowledge, will promote safe and adequate care and treatment of the individuals therein.


             Sec. 30. RCW 18.46.010 and 1991 c 3 s 100 are each amended to read as follows:

             (1) (("Maternity home")) "Birthing center" or "childbirth center" means any ((home, place, hospital or institution in which facilities are maintained for the care of four or more women, not related by blood or marriage to the operator, during pregnancy or during or within ten days after delivery)) health facility, not part of a hospital or in a hospital, that provides facilities and staff to support a birth service to low-risk maternity clients: PROVIDED, HOWEVER, That this chapter shall not apply to any hospital approved by the American College of Surgeons, American Osteopathic Association, or its successor.

             (2) (("Person" means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof.

             (3))) "Department" means the state department of health.

             (3) "Low-risk" means normal, uncomplicated prenatal course as determined by adequate prenatal care and prospects for a normal uncomplicated birth as defined by reasonable and generally accepted criteria of maternal and fetal health.

             (4) "Person" means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof.


             Sec. 31. RCW 18.46.020 and 1951 c 168 s 3 are each amended to read as follows:

             After July 1, 1951, no person shall operate a ((maternity home)) birthing center in this state without a license under this chapter.


             Sec. 32. RCW 18.46.040 and 1987 c 75 s 5 are each amended to read as follows:

             Upon receipt of an application for a license and the license fee, the licensing agency shall issue a license if the applicant and the ((maternity home facilities)) birthing center meet the requirements established under this chapter. A license, unless suspended or revoked, shall be renewable annually. Applications for renewal shall be on forms provided by the department and shall be filed in the department not less than ten days prior to its expiration. Each application for renewal shall be accompanied by a license fee as established by the department under RCW 43.20B.110. Each license shall be issued only for the premises and persons named in the application and shall not be transferable or assignable except with the written approval of the department. Licenses shall be posted in a conspicuous place on the licensed premises.


             Sec. 33. RCW 18.46.060 and 1985 c 213 s 10 are each amended to read as follows:

             The department, after consultation with representatives of ((maternity home)) birthing center operators, state medical association, Washington Osteopathic Association, state nurses association, state hospital association, state midwives association, and any other representatives as the department may deem necessary, shall adopt, amend, and promulgate such rules and regulations with respect to all ((maternity homes)) birthing centers in the promotion of safe and adequate medical and nursing care ((of inmates)) in the ((maternity home)) birthing center and the sanitary, hygienic, and safe condition of the ((maternity home)) birthing center in the interest of the health, safety, and welfare of the people.


             Sec. 34. RCW 18.46.070 and 1951 c 168 s 8 are each amended to read as follows:

             Any ((maternity home)) birthing center which is in operation at the time of promulgation of any applicable rules or regulations under this chapter shall be given a reasonable time, under the particular circumstances, not to exceed three months from the date of such promulgation, to comply with the rules and regulations established under this chapter.


             Sec. 35. RCW 18.46.080 and 1951 c 168 s 9 are each amended to read as follows:

             The department shall make or cause to be made an inspection and investigation of all ((maternity homes)) birthing centers, and every inspection may include an inspection of every part of the premises. The department may make an examination of all records, methods of administration, the general and special dietary and the stores and methods of supply. The ((board)) department may prescribe by regulation that any licensee or applicant desiring to make specified types of alteration or addition to its facilities or to construct new facilities shall before commencing such alterations, addition, or new construction submit plans and specifications therefor to the department for preliminary inspection and approval or recommendations with respect to compliance with regulations and standards herein authorized. Necessary conferences and consultations may be provided.


             Sec. 36. RCW 18.46.090 and 1951 c 168 s 10 are each amended to read as follows:

             All information received by the department through filed reports, inspection, or as otherwise authorized under this chapter shall not be disclosed publicly in any manner as to identify individuals or ((maternity homes)) birthing centers except in a proceeding involving the question of licensure.


             Sec. 37. RCW 18.46.110 and 1995 c 369 s 5 are each amended to read as follows:

             Fire protection with respect to all ((maternity homes)) birthing centers to be licensed hereunder, shall be the responsibility of the chief of the Washington state patrol, through the director of fire protection, who shall adopt by reference, such recognized standards as may be applicable to nursing homes, places of refuge, and ((maternity homes)) birthing centers for the protection of life against the cause and spread of fire and fire hazards. The department upon receipt of an application for a license, shall submit to the chief of the Washington state patrol, through the director of fire protection, in writing, a request for an inspection, giving the applicant's name and the location of the premises to be licensed. Upon receipt of such a request, the chief of the Washington state patrol, through the director of fire protection, or his or her deputy, shall make an inspection of the ((maternity home)) birthing center to be licensed, and if it is found that the premises do not comply with the required safety standards and fire regulations as promulgated by the chief of the Washington state patrol, through the director of fire protection, he or she shall promptly make a written report to the department as to the manner in which the premises may qualify for a license and set forth the conditions to be remedied with respect to fire regulations. The department, applicant or licensee shall notify the chief of the Washington state patrol, through the director of fire protection, upon completion of any requirements made by him or her, and the chief of the Washington state patrol, through the director of fire protection, or his or her deputy, shall make a reinspection of such premises. Whenever the ((maternity home)) birthing center to be licensed meets with the approval of the chief of the Washington state patrol, through the director of fire protection, he or she shall submit to the department, a written report approving same with respect to fire protection before a license can be issued. The chief of the Washington state patrol, through the director of fire protection, shall make or cause to be made such inspection of such ((maternity homes)) birthing centers as he or she deems necessary.

             In cities which have in force a comprehensive building code, the regulation of which is equal to the minimum standards of the code for ((maternity homes)) birthing centers adopted by the chief of the Washington state patrol, through the director of fire protection, the building inspector and the chief of the fire department, provided the latter is a paid chief of a paid fire department, shall make the inspection and shall approve the premises before a license can be issued.

             In cities where such building codes are in force, the chief of the Washington state patrol, through the director of fire protection, may, upon request by the chief fire official, or the local governing body, or of a taxpayer of such city, assist in the enforcement of any such code pertaining to ((maternity homes)) birthing centers.


             Sec. 38. RCW 18.46.120 and 1951 c 168 s 13 are each amended to read as follows:

             Any person operating or maintaining any ((maternity home)) birthing center without a license under this chapter shall be guilty of a misdemeanor. Each day of a continuing violation after conviction shall be considered a separate offense.


             Sec. 39. RCW 18.46.130 and 1951 c 168 s 14 are each amended to read as follows:

             Notwithstanding the existence or use of any other remedy, the department may in the manner provided by law, upon the advice of the attorney general who shall represent the department in all proceedings, maintain an action in the name of the state for an injunction or other process against any person to restrain or prevent the operation or maintenance of a ((maternity home)) birthing center not licensed under this chapter.


             Sec. 40. RCW 18.46.140 and 1951 c 168 s 15 are each amended to read as follows:

             Nothing in this chapter or the rules and regulations adopted pursuant thereto shall be construed as authorizing the supervision, regulation, or control of the remedial and nursing care of ((residents or)) patients in any ((maternity home)) birthing center as defined in this chapter, conducted for or by members of a recognized religious sect, denomination, or organization which in accordance with its creed, tenets, or principles depends for healing upon prayer in the practice of religion, nor shall the existence of any of the above conditions militate against the licensing of such ((home or institution)) facility.


             Sec. 41. RCW 18.57A.070 and 1977 ex.s. c 233 s 1 are each amended to read as follows:

             (((1) The performance of acupuncture for the purpose of demonstration, therapy, or the induction of analgesia by a person licensed under this chapter shall be within the scope of practice authorized: PROVIDED, HOWEVER, That a person licensed to perform acupuncture under this section shall only do so under the direct supervision of a licensed osteopathic physician.

             (2) The board shall determine the qualifications of a person authorized to perform acupuncture under subsection (1) of this section. In establishing a procedure for certification of such practitioners the board shall consider a license or certificate which acknowledges that the person has the qualifications to practice acupuncture issued by the government of the Republic of China (Taiwan), the Peoples' Republic of China, British Crown Colony of Hong Kong, Korea, Great Britain, France, the Federated Republic of Germany (West Germany), Italy, Japan, or any other country or state which has generally equivalent standards of practices of acupuncture as determined by the board as evidence of such qualification.

             (3) As used in this section "acupuncture" means the insertion of needles into the human body by piercing the skin of the body for the purpose of relieving pain, treating disease, or to produce analgesia, or as further defined by rules and regulations of the board.)) Any physician assistant acupuncturist currently licensed as a physician assistant may continue to perform acupuncture under the physician assistant license as long as he or she maintains licensure as a physician assistant.


             Sec. 42. RCW 18.84.020 and 1994 sp.s. c 9 s 505 are each amended to read as follows:

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

             (1) "Department" means the department of health.

             (2) "Secretary" means the secretary of health.

             (3) "Licensed practitioner" means any licensed health care practitioner performing services within the person's authorized scope of practice.

             (4) "Radiologic technologist" means an individual certified under this chapter, other than a licensed practitioner, who practices radiologic technology as a:

             (a) Diagnostic radiologic technologist, who is a person who actually handles x-ray equipment in the process of applying radiation on a human being for diagnostic purposes at the direction of a licensed practitioner, this includes parenteral procedures related to radiologic technology when performed under the direct supervision of a physician licensed under chapter 18.71 or 18.57 RCW; or

             (b) Therapeutic radiologic technologist, who is a person who uses radiation-generating equipment for therapeutic purposes on human subjects at the direction of a licensed practitioner, this includes parenteral procedures related to radiologic technology when performed under the direct supervision of a physician licensed under chapter 18.71 or 18.57 RCW; or

             (c) Nuclear medicine technologist, who is a person who prepares radiopharmaceuticals and administers them to human beings for diagnostic and therapeutic purposes and who performs in vivo and in vitro detection and measurement of radioactivity for medical purposes at the direction of a licensed practitioner.

             (5) "Approved school of radiologic technology" means a school of radiologic technology approved by the council on medical education of the American medical association or a school found to maintain the equivalent of such a course of study as determined by the department. Such school may be operated by a medical or educational institution, and for the purpose of providing the requisite clinical experience, shall be affiliated with one or more general hospitals.

             (6) "Radiologic technology" means the use of ionizing radiation upon a human being for diagnostic or therapeutic purposes.

             (7) "Radiologist" means a physician certified by the American board of radiology or the American osteopathic board of radiology.

             (8) "Registered x-ray technician" means a person who is registered with the department, and who applies ionizing radiation at the direction of a licensed practitioner and who does not perform parenteral procedures.


             Sec. 43. RCW 18.89.140 and 1997 c 334 s 11 are each amended to read as follows:

             Licenses shall be renewed according to administrative procedures, administrative requirements, continuing education requirements, and fees determined by the secretary under RCW 43.70.250 and 43.70.280. A minimum of thirty hours of continuing education approved by the secretary must be completed every two years to meet the continuing education requirements under this section.


             NEW SECTION. Sec. 44. The following acts or parts of acts are each repealed:

             (1)         RCW 18.48.040 (Multiple facility operators--Registration) and 1996 c 81 s 3;

             (2)         RCW 18.83.910 (Examining board--Termination) and 1994 c 35 s 6, 1990 c 297 s 7, 1988 c 288 s 8, 1986 c 27 s 11, 1985 c 7 s 109, & 1984 c 279 s 94; and

             (3)         RCW 18.83.911 (Examining board--Repeal) and 1994 c 35 s 7 & 1990 c 297 s 8.


             NEW SECTION. Sec. 45. Sections 1 and 3 of this act expire January 1, 2003.


             NEW SECTION. Sec. 46. Sections 2 and 4 of this act take effect January 1, 2003."


             On page 1, line 3 of the title, after "facilities;" strike the remainder of the title and insert "amending RCW 18.35.240, 18.35.240, 18.35.250, 18.35.250, 18.48.020, 18.52.030, 18.83.135, 18.92.013, 18.92.015, 18.92.030, 18.92.060, 18.92.125, 18.92.140, 18.92.145, 18.120.020, 18.73.030, 18.73.101, 18.73.130, 18.73.140, 70.168.020, 71.12.455, 71.12.460, 71.12.470, 71.12.480, 71.12.510, 71.12.520, 18.46.005, 18.46.010, 18.46.020, 18.46.040, 18.46.060, 18.46.070, 18.46.080, 18.46.090, 18.46.110, 18.46.120, 18.46.130, 18.46.140, 18.57A.070, 18.84.020, and 18.89.140; reenacting and amending RCW 71.12.500; adding a new section to chapter 71.12 RCW; repealing RCW 18.48.040, 18.83.910, and 18.83.911; providing an effective date; and providing an expiration date."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to House Bill No. 2452 and advanced the bill as amended by the Senate to final passage.


             Representatives Cody and Parlette spoke in favor of final passage of the bill.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Ogden presiding) stated the question before the House to be final passage of House Bill No. 2452 as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 2452 as amended by the Senate and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 97.

             Excused: Representative Schmidt - 1.


             House Bill No. 2452, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

February 28, 2000

Mr. Speaker:


             The Senate has passed Substitute House Bill No. 2466 with the following amendment(s)


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that some nonindigenous species have the potential to cause economic and environmental damage to the state and that current efforts to stop the introduction of nonindigenous species from shipping vessels do not adequately reduce the risk of new introductions into Washington waters.

             The legislature recognizes the international ramifications and the rapidly changing dimensions of this issue, and the difficulty that any one state has in either legally or practically managing this issue. Recognizing the possible limits of state jurisdiction over international issues, the state declares its support for the international maritime organization and United States coast guard efforts, and the state intends to complement, to the extent its powers allow it, the United States coast guard's ballast water management program.


             NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

             (1) "Ballast tank" means any tank or hold on a vessel used for carrying ballast water, whether or not the tank or hold was designed for that purpose.

             (2) "Ballast water" means any water and matter taken on board a vessel to control or maintain trim, draft, stability, or stresses of the vessel, without regard to the manner in which it is carried.

             (3) "Empty/refill exchange" means to pump out, until the tank is empty or as close to empty as the master or operator determines is safe, the ballast water taken on in ports, estuarine, or territorial waters, and then refilling the tank with open sea waters.

             (4) "Exchange" means to replace the water in a ballast tank using either flow through exchange, empty/refill exchange, or other exchange methodology recommended or required by the United States coast guard.

             (5) "Flow through exchange" means to flush out ballast water by pumping in midocean water at the bottom of the tank and continuously overflowing the tank from the top until three full volumes of water have been changed to minimize the number of original organisms remaining in the tank.

             (6) "Nonindigenous species" means any species or other viable biological material that enters an ecosystem beyond its natural range.

             (7) "Open sea exchange" means an exchange that occurs fifty or more nautical miles offshore. If the United States coast guard requires a vessel to conduct an exchange further offshore, then that distance is the required distance for purposes of compliance with this chapter.

             (8) "Recognized marine trade association" means those trade associations in Washington state that promote improved ballast water management practices by educating their members on the provisions of this chapter, participating in regional ballast water coordination through the Pacific ballast water group, assisting the department in the collection of ballast water exchange forms, and the monitoring of ballast water. This includes members of the Puget Sound marine committee for Puget Sound and the Columbia river steamship operators association for the Columbia river.

             (9) "Sediments" means any matter settled out of ballast water within a vessel.

             (10) "Untreated ballast water" includes exchanged or unexchanged ballast water that has not undergone treatment.

             (11) "Vessel" means a self-propelled ship in commerce of three hundred gross tons or more.

             (12) "Voyage" means any transit by a vessel destined for any Washington port.

             (13) "Waters of the state" means any surface waters, including internal waters contiguous to state shorelines within the boundaries of the state.


             NEW SECTION. Sec. 3. (1) This chapter applies to all vessels carrying ballast water into the waters of the state from a voyage, except:

             (a) A vessel of the United States department of defense or United States coast guard subject to the requirements of section 1103 of the national invasive species act of 1996, or any vessel of the armed forces, as defined in 33 U.S.C. Sec. 1322(a)(14), that is subject to the uniform national discharge standards for vessels of the armed forces under 33 U.S.C. Sec. 1322(n);

             (b) A vessel (i) that discharges ballast water or sediments only at the location where the ballast water or sediments originated, if the ballast water or sediments do not mix with ballast water or sediments from areas other than open sea waters; or (ii) that does not discharge ballast water in Washington waters;

             (c) A vessel traversing the internal waters of Washington in the Strait of Juan de Fuca, bound for a port in Canada, and not entering or departing a United States port, or a vessel in innocent passage, which is a vessel merely traversing the territorial sea of the United States and not entering or departing a United States port, or not navigating the internal waters of the United States; and

             (d) A crude oil tanker that does not exchange or discharge ballast water into the waters of the state.

             (2) This chapter does not authorize the discharge of oil or noxious liquid substances in a manner prohibited by state, federal, or international laws or regulations. Ballast water containing oil, noxious liquid substances, or any other pollutant shall be discharged in accordance with the applicable requirements.

             (3) The master or operator in charge of a vessel is responsible for the safety of the vessel, its crew, and its passengers. Nothing in this chapter relieves the master or operator in charge of a vessel of the responsibility for ensuring the safety and stability of the vessel or the safety of the crew and passengers.


             NEW SECTION. Sec. 4. The owner or operator in charge of any vessel covered by this chapter is required to ensure that the vessel under their ownership or control does not discharge ballast water into the waters of the state except as authorized by this section.

             (1) Discharge into waters of the state is authorized if the vessel has conducted an open sea exchange of ballast water. A vessel is exempt from this requirement if the vessel's master reasonably determines that such a ballast water exchange operation will threaten the safety of the vessel or the vessel's crew, or is not feasible due to vessel design limitations or equipment failure. If a vessel relies on this exemption, then it may discharge ballast water into waters of the state, subject to any requirements of treatment under subsection (2) of this section and subject to section 5 of this act.

             (2) After July 1, 2002, discharge of ballast water into waters of the state is authorized only if there has been an open sea exchange or if the vessel has treated its ballast water to meet standards set by the department. When weather or extraordinary circumstances make access to treatment unsafe to the vessel or crew, the master of a vessel may delay compliance with any treatment required under this subsection until it is safe to complete the treatment.

             (3) The requirements of this section do not apply to a vessel discharging ballast water or sediments that originated solely within the waters of Washington state, the Columbia river system, or the internal waters of British Columbia south of latitude fifty degrees north, including the waters of the Straits of Georgia and Juan de Fuca.

             (4) Open sea exchange is an exchange that occurs fifty or more nautical miles offshore. If the United States coast guard requires a vessel to conduct an exchange further offshore, then that distance is the required distance for purposes of compliance with this chapter.


             NEW SECTION. Sec. 5. The owner or operator in charge of any vessel covered by this chapter is required to ensure that the vessel under their ownership or control complies with the reporting and sampling requirements of this section.

             (1) Vessels covered by this chapter must report ballast water management information to the department using ballast water management forms that are acceptable to the United States coast guard. The frequency, manner, and form of such reporting shall be established by the department by rule. Any vessel may rely on a recognized marine trade association to collect and forward this information to the department.

             (2) In order to monitor the effectiveness of national and international efforts to prevent the introduction of nonindigenous species, all vessels covered by this chapter must submit nonindigenous species ballast water monitoring data. The monitoring, sampling, testing protocols, and methods of identifying nonindigenous species in ballast water shall be determined by the department by rule. A vessel covered by this chapter may contract with a recognized marine trade association to randomly sample vessels within that association's membership, and provide data to the department.

             (3) Vessels that do not belong to a recognized marine trade association must submit individual ballast tank sample data to the department for each voyage.

             (4) All data submitted to the department under subsection (2) of this section shall be consistent with sampling and testing protocols as adopted by the department by rule.

             (5) The department shall adopt rules to implement this section. The rules and recommendations shall be developed in consultation with advisors from regulated industries and the potentially affected parties, including but not limited to shipping interests, ports, shellfish growers, fisheries, environmental interests, interested citizens who have knowledge of the issues, and appropriate governmental representatives including the United States coast guard.

             (a) The department shall set standards for the discharge of treated ballast water into the waters of the state. The rules are intended to ensure that the discharge of treated ballast water poses minimal risk of introducing nonindigenous species. In developing this standard, the department shall consider the extent to which the requirement is technologically and practically feasible. Where practical and appropriate, the standards shall be compatible with standards set by the United States coast guard and shall be developed in consultation with federal and state agencies to ensure consistency with the federal clean water act, 33 U.S.C. Sec. 1251-1387.

             (b) The department shall adopt ballast water sampling and testing protocols for monitoring the biological components of ballast water that may be discharged into the waters of the state under this chapter. Monitoring data is intended to assist the department in evaluating the risk of new, nonindigenous species introductions from the discharge of ballast water, and to evaluate the accuracy of ballast water exchange practices. The sampling and testing protocols must consist of cost-effective, scientifically verifiable methods that, to the extent practical and without compromising the purposes of this chapter, utilize easily measured indices, such as salinity, or check for species that indicate the potential presence of nonindigenous species or pathogenic species. The department shall specify appropriate quality assurance and quality control for the sampling and testing protocols.


             NEW SECTION. Sec. 6. The shipping vessel industry, the public ports, and the department shall promote the creation of a pilot project to establish a private sector ballast water treatment operation that is capable of servicing vessels at all Washington ports. Federal and state agencies and private industries shall be invited to participate. The project will develop equipment or methods to treat ballast water and establish operational methods that do not increase the cost of ballast water treatment at smaller ports. The legislature intends that the cost of treatment required by this chapter is substantially equivalent among large and small ports in Washington.


             NEW SECTION. Sec. 7. The legislature recognizes that international and national laws relating to this chapter are changing and that state law must adapt accordingly. The department shall submit to the legislature, and make available to the public, a report that summarizes the results of this chapter and makes recommendations for improvement to this chapter on or before December 1, 2001, and a second report on or before December 1, 2004. The 2001 report shall describe how the costs of treatment required as of July 1, 2002, will be substantially equivalent among ports where treatment is required. The department shall strive to fund the provisions of this chapter through existing resources, cooperative agreements with the maritime industry, and federal funding sources.


             NEW SECTION. Sec. 8. (1) Except as limited by subsection (2) or (3) of this section, the director or the director's designee may impose a civil penalty or warning for a violation of the requirements of this chapter on the owner or operator in charge of a vessel who fails to comply with the requirements imposed under sections 4 and 5 of this act. The penalty shall not exceed five thousand dollars for each violation. In determining the amount of a civil penalty, the department shall consider if the violation was intentional, negligent, or without any fault, and shall consider the quality and nature of risks created by the violation. The owner or operator subject to such a penalty may contest the determination by requesting an adjudicative proceeding within twenty days. Any determination not timely contested is final and may be reduced to a judgment enforceable in any court with jurisdiction. If the department prevails using any judicial process to collect a penalty under this section, the department shall also be awarded its costs and reasonable attorneys' fees.

             (2) The civil penalty for a violation of reporting requirements of section 5 of this act shall not exceed five hundred dollars per violation.

             (3) Any owner or operator who knowingly, and with intent to deceive, falsifies a ballast water management report form is liable for a civil penalty in an amount not to exceed five thousand dollars per violation, in addition to any criminal liability that may attach to the filing of false documents.

             (4) The department, in cooperation with the United States coast guard, may enforce the requirements of this chapter.


             NEW SECTION. Sec. 9. By December 31, 2005, the natural resources committees of the legislature must review this chapter and its implementation and make recommendations if needed to the 2006 regular session of the legislature.


             NEW SECTION. Sec. 10. The departments of fish and wildlife and ecology shall invite representatives from the United States department of defense to discuss ways of improving ballast water management in Washington state. The departments, in cooperation with the United States coast guard shall seek input from other coastal states and the Providence of British Columbia in conducting the study and in formulating recommendations. The departments shall provide the most appropriate forum to stimulate dialogue which can result in specific policies and action protocols. The departments shall make recommendations concerning proposals for laws and rules that will guarantee the same level of public and private compliance to protect the marine environment. The legislature wishes to ensure that vessels exempted from this act by section 3(1)(a) of this act are taking adequate precautions to prevent the introduction of nonindigenous species into the waters of the state. The departments of fish and wildlife and ecology shall submit a report to the legislature by December 31, 2001, summarizing the results of these discussions.


             NEW SECTION. Sec. 11. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.


             NEW SECTION. Sec. 12. Sections 1 through 9 and 11 of this act constitute a new chapter in Title 75 RCW."


             On page 1, line 1 of the title, after "management;" strike the remainder of the title and insert "adding a new chapter to Title 75 RCW; creating a new section; and prescribing penalties."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to Substitute House Bill No. 2466 and advanced the bill as amended by the Senate to final passage.


             Representatives Regala and Buck spoke in favor of final passage of the bill.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Ogden presiding) stated the question before the House to be final passage of Substitute House Bill No. 2466 as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2466 as amended by the Senate and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 98.


             Substitute House Bill No. 2466, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

February 29, 2000

Mr. Speaker:


             The Senate has passed Substitute House Bill No. 2644 with the following amendment(s)


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 80.50.300 and 1996 c 4 s 2 are each amended to read as follows:

             (1) This section applies only to unfinished nuclear power projects ((that are not located on federal property)). If a certificate holder stops construction of a nuclear energy facility before completion, terminates the project or otherwise resolves not to complete construction, never introduces or stores fuel for the energy facility on the site, and never operates the energy facility as designed to produce energy, the certificate holder may contract, establish interlocal agreements, or use other formal means to effect the transfer of site restoration responsibilities, which may include economic development activities, to any political subdivision or subdivisions of the state composed of elected officials. The contracts, interlocal agreements, or other formal means of cooperation may include, but are not limited to provisions effecting the transfer or conveyance of interests in the site and energy facilities from the certificate holder to other political subdivisions of the state, including costs of maintenance and security, capital improvements, and demolition and salvage of the unused energy facilities and infrastructure.

             (2) If a certificate holder transfers all or a portion of the site to a political subdivision or subdivisions of the state composed of elected officials and located in the same county as the site, the council shall amend the site certification agreement to release those portions of the site ((that are transferred pursuant to this section)) that it finds are no longer intended for the development of an energy facility.

             Immediately upon release of all or a portion of the site pursuant to this section, all responsibilities for maintaining the public welfare for portions of the site transferred, including but not limited to health and safety, are transferred to the political subdivision or subdivisions of the state. For sites located on federal land, all responsibilities for maintaining the public welfare for all of the site, including but not limited to health and safety, must be transferred to the political subdivision or subdivisions of the state irrespective of whether all or a portion of the site is released.

             (3) The legislature finds that for all or a portion of sites that have been transferred to a political subdivision or subdivisions of the state prior to September 1, 1999, ensuring water for site restoration including economic development, completed pursuant to this section can best be accomplished by a transfer of existing surface water rights, and that such a transfer is best accomplished administratively through procedures set forth in existing statutes and rules. However, if a transfer of water rights is not possible, the department of ecology shall, within six months of the transfer of the site or portion thereof pursuant to subsection (1) of this section, create a trust water right under chapter 90.42 RCW containing between ten and twenty cubic feet per second for the benefit of the appropriate political subdivision or subdivisions of the state. The trust water right shall be used in fulfilling site restoration responsibilities, including economic development. The trust water right shall be from existing valid water rights within the basin where the site is located.

             (4) For purposes of this section, "political subdivision or subdivisions of the state" means a city, town, county, public utility district, port district, or joint operating agency."


             On page 1, line 4 of the title, after "sites;" strike the remainder of the title and insert "and amending RCW 80.50.300."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to Substitute House Bill No. 2644 and advanced the bill as amended by the Senate to final passage.


             Representative Delvin spoke in favor of final passage of the bill.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Ogden presiding) stated the question before the House to be final passage of Substitute House Bill No. 2644 as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2644 as amended by the Senate and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 97.

             Excused: Representative Schmidt - 1.


             Substitute House Bill No. 2644, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

February 29, 2000

Mr. Speaker:


             The Senate has passed House Bill No. 2684 with the following amendment(s)


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. A new section is added to chapter 28A.150 RCW to read as follows:

             In order to effectively serve students who are under the jurisdiction of the juvenile justice system as dependent pursuant to chapter 13.34 RCW, education records shall be released upon request to the department of social and health services provided that the department of social and health services certifies that it will not disclose to any other party the education records without prior written consent of the parent or student unless authorized to disclose the records under state law. The department of social and health services is authorized to disclose education records it obtains pursuant to this section to a foster parent, guardian, or other entity authorized by the department of social and health services to provide residential care to the student.


             Sec. 2. RCW 74.13.285 and 1997 c 272 s 5 are each amended to read as follows:

             (1) Within available resources, the department shall prepare a passport containing all known and available information concerning the mental, physical, health, and educational status of the child for any child who has been in a foster home for ninety consecutive days or more. The passport shall contain education records obtained pursuant to section 1 of this act. The passport shall be provided to a foster parent at any placement of a child covered by this section. The department shall update the passport during the regularly scheduled court reviews required under chapter 13.34 RCW.

             New placements after July 1, 1997, shall have first priority in the preparation of passports. Within available resources, the department may prepare passports for any child in a foster home on July 1, 1997, provided that no time spent in a foster home before July 1, 1997, shall be included in the computation of the ninety days.

             (2) In addition to the requirements of subsection (1) of this section, the department shall, within available resources, notify a foster parent before placement of a child of any known health conditions that pose a serious threat to the child and any known behavioral history that presents a serious risk of harm to the child or others.

             (3) The department shall hold harmless the provider for any unauthorized disclosures caused by the department."


             On page 1, line 2 of the title, after "services;" strike the remainder of the title and insert "amending RCW 74.13.285; and adding a new section to chapter 28A.150 RCW."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to House Bill No. 2684 and advanced the bill as amended by the Senate to final passage.


             Representatives D. Sommers and Tokuda spoke in favor of final passage of the bill.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Ogden presiding) stated the question before the House to be final passage of House Bill No. 2684 as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 2684 as amended by the Senate and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 97.

             Excused: Representative Schmidt - 1.


             House Bill No. 2684, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

February 29, 2000

Mr. Speaker:


             The Senate has passed Engrossed House Bill No. 2995 with the following amendment(s)


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 15.60.005 and 1994 c 178 s 1 are each amended to read as follows:

             Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

             (1) "Department" means the department of agriculture of the state of Washington.

             (2) "Director" means the director of the state department of agriculture or the director's authorized representative.

             (3) "Apiary" means a site where hives of bees or hives are kept or found.

             (4) (("Abandoned hive" means any hive, with or without bees, that evidences a lack of being properly managed in that it has not been supered in the spring, except nucs, or unsupered in the fall, or is otherwise unmanaged and left without authorization and unattended on the property of another person or on public land.

             (5))) "Apiarist" means any person who owns bees or is a keeper of bees in Washington.

             (((6) "Beekeeping equipment" means any implements or devices used in the manipulation of bees, their brood, or hives in an apiary.

             (7))) (5) "Bees" means adult insects, eggs, larvae, pupae, or other immature stages of the species Apis mellifera.

             (((8) "Certificate" or "certificate of inspection" means an official document certifying compliance with the requirements of this chapter and accompanying the movement of inspected bees, bee hives, or beekeeping equipment.

             (9))) (6) "Colony" refers to a natural group of bees having a queen or queens.

             (((10) "Compliance agreement" means a written agreement between the department and a person engaged in apiculture, or handling, selling, or moving of hives or beekeeping equipment in which the person agrees to comply with stipulated requirements.

             (11) "Feral colony" means a colony of bees in a natural cavity or a manufactured structure not intended for the keeping of bees on movable frames and comb.

             (12) "Swarm" means a natural group of bees having a queen or queens, which is the progeny of a parent colony, without a hive, and not a feral colony.

             (13) "Disease" means American foulbrood, European foulbrood, chalkbrood, nosema, sacbrood, or any other viral, fungal, bacterial or insect-related disease affecting bees or their brood.

             (14) "Regulated bee pests" means a disease of bees for which maximum allowable limits of infection, or mites, or other parasites are set in rule.

             (15))) (7) "Hive" means a manufactured receptacle or container prepared for the use of bees, that includes movable frames, combs, and substances deposited into the hive by bees.

             (((16))) (8) "Person" means a natural person, individual, firm, partnership, company, society, association, corporation or every officer, agent, or employee of one of these entities.

             (((17) "Bee pests" means a disease, mite, or other parasite that causes injury to bees.

             (18) "Nets" means a device that is made of fabricated material and that is designed and utilized to prevent the escape of bees from bee hives during transit.

             (19) "Apparently free" means no specified bee pest was found during inspection of survey activities.

             (20) "Substantially free" means levels of specified bee pests found during inspection or survey activities were within established tolerances.

             (21) "Africanized honey bee" means any bee of the subspecies Apis mellifera scutellata.

             (22) "Super" means the portion of a hive in which honey is stored by bees.

             (23))) (9) "Broker" means a person((,)) who is engaged in pollinating agricultural crops((,)) for a fee using hives that are owned by another person.

             (((24) "Grower" means a person engaged in producing agricultural crops, and a user of honey bees for pollination of the crops.))


             Sec. 2. RCW 15.60.010 and 1994 c 178 s 3 are each amended to read as follows:

             ((An apiary advisory committee is established to advise the director on the administration of this chapter. The apiary advisory committee may consist of up to eleven members.

             (1) The committee shall include six apiarists, appointed by the director, and representing the major geographical divisions of the beekeeping industry in the state as established in rule. In making an appointment, the director shall seek nominations from the beekeepers' organizations within the geographic area and from nonaffiliated apiarists. Apiarists may nominate themselves.

             (2) The committee shall include the director and a representative from the Washington State University apiary program or cooperative extension.

             (3) The committee may include up to three representatives of receivers of pollination services.

             (4) The terms of the apiarist members of the committee shall be staggered and the members shall serve a term of three years and until their successors have been appointed and qualified.

             In the event a committee member resigns, is disqualified, or vacates a position on the committee for any reason, the vacancy shall be filled by the director under the provisions of this section.

             (5))) The director may establish an apiary advisory committee including members representing the major segments of the apiary industry including commercial and noncommercial beekeepers, representatives from the Washington State University apiary program or cooperative extension, and receivers of pollination services as deemed appropriate.

             The committee shall advise the director on administration of this chapter and issues affecting the apiary industry. The committee may also advise the director on the funding of research projects of benefit to the apiary industry.

             The committee shall meet ((at least once yearly. It may also meet)) at the call of the director ((or the request of any three members of the committee)). Members of the committee shall serve without compensation but ((shall)) may be reimbursed for travel expenses incurred in attending meetings of the committee and any other official duty authorized ((by the committee and approved)) by the director, pursuant to RCW 43.03.050 and 43.03.060((, if apiarists are charged a registration fee, under RCW 15.60.050, to cover the expenses of the committee)).


             Sec. 3. RCW 15.60.050 and 1994 c 178 s 6 are each amended to read as follows:

             (1) Each person owning one or more hives with bees, brokers ((of)) renting hives, and ((beekeepers)) apiarists resident in other states who operate hives in Washington((,)) shall register with the director ((on or before)) by April 1st each year.

             (((1))) (2) The registration application shall include:

             (a) The name, address, and phone number of the ((owner)) apiarist or broker((,));

             (b) The number of colonies of bees to be owned, brokered, or operated in Washington((, and such)) that year;

             (c) A registration fee as ((may be)) prescribed in rule ((under subsection (2) of this section.)) by the director, with the advice of the apiary advisory committee; and

             (d) Any other information required by the department by rule.

             (3) The director shall issue to each ((resident)) apiarist or broker registered with the department an apiarist identification number. ((The apiarist identification number shall be displayed on hives of an apiary in a manner prescribed by the director in rule.

             (2) A registration fee may be set in rule by the director, with the advice of the apiary advisory committee. The fee shall be used for covering the expenses of the apiary advisory committee and may be used for supporting the industry apiary program of the department or funding research projects of benefit to the apiary industry that the director may select upon the advice of the apiary advisory committee.))


             Sec. 4. RCW 15.60.043 and 1994 c 178 s 5 are each amended to read as follows:

             ((The inspection fees, registration fees, pollination service fees, and other charges provided in this chapter shall become due and payable upon billing by the department.)) A late ((charge)) fee of one and one-half percent per month shall be assessed on ((the unpaid balance against persons more than thirty days in arrears. In addition to any other penalties, the director may refuse to perform an inspection or certification service for a person in arrears unless the person makes payment in full prior to such inspection or certification service)) registration fees received after April 1st.


             Sec. 5. RCW 15.60.040 and 1994 c 178 s 4 are each amended to read as follows:

             (((1) There is hereby established a fee on the use, by growers of agricultural crops, of bee pollination services provided by others. This pollination service fee is in the amount of fifty cents for each setting of each hive containing a colony that is used by the grower. The fee shall be paid by the grower using the service, shall be collected by the beekeeper providing the service, and shall be remitted by the beekeeper to the department as provided by rules adopted by the director. All such fees shall be deposited in the industry apiary program account. Revenues from these fees shall be directed to use in providing services to the apiary industry that assist in ensuring the vitality and availability of bees for commercial pollination services for the agricultural industry.

             (2) There is established an industry apiary program account within the agricultural local fund.)) All money collected under this chapter ((including fees for requested services, required inspections, or treatments, registration fees, and apiary assessments)) shall be placed in ((the industry apiary program)) an account in the agricultural local fund. Money in the account ((may only)) shall be used to carry out the purposes of this chapter and may be used for apiary-related activities of the department or funding research projects of benefit to the apiary industry that the director may select upon the advice of the apiary advisory committee. No appropriation is required for disbursement from the ((industry apiary program)) account.


             Sec. 6. RCW 17.24.007 and 1991 c 257 s 4 are each amended to read as follows:

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

             (1) "Department" means the state department of agriculture.

             (2) "Director" means the director of the state department of agriculture or the director's designee.

             (3) "Quarantine" means a rule issued by the department that prohibits or regulates the movement of articles, bees, plants, or plant products from designated quarantine areas within or outside the state to prevent the spread of disease, plant pathogens, or pests to nonquarantine areas.

             (4) "Plant pest" means a living stage of an insect, mite, nematode, slug, snail, or protozoa, or other invertebrate animal, bacteria, fungus, or parasitic plant, or their reproductive parts, or viruses, or an organism similar to or allied with any of the foregoing plant pests, including a genetically engineered organism, or an infectious substance that can directly or indirectly injure or cause disease or damage in plants or parts of plants or in processed, manufactured, or other products of plants.

             (5) "Plants and plant products" means trees, shrubs, vines, forage, and cereal plants, and all other plants and plant parts, including cuttings, grafts, scions, buds, fruit, vegetables, roots, bulbs, seeds, wood, lumber, and all products made from the plants and plant products.

             (6) "Certificate" or "certificate of inspection" means an official document certifying compliance with the requirements of this chapter. The term "certificate" includes labels, rubber stamp imprints, tags, permits, written statements, or a form of inspection and certification document that accompanies the movement of inspected and certified plant material and plant products, or bees, bee hives, or beekeeping equipment.

             (7) "Compliance agreement" means a written agreement between the department and a person engaged in growing, handling, or moving articles, plants, plant products, or bees, bee hives, or beekeeping equipment regulated under this chapter, in which the person agrees to comply with stipulated requirements.

             (8) "Distribution" means the movement of a regulated article from the property where it is grown or kept, to property that is not contiguous to the property, regardless of the ownership of the properties.

             (9) "Genetically engineered organism" means an organism altered or produced through genetic modification from a donor, vector, or recipient organism using recombinant DNA techniques, excluding those organisms covered by the food, drug and cosmetic act (21 U.S.C. Secs. 301-392).

             (10) "Person" means a natural person, individual, firm, partnership, corporation, company, society, or association, and every officer, agent, or employee of any of these entities.

             (11) "Sell" means to sell, to hold for sale, offer for sale, handle, or to use as inducement for the sale of another article or product.

             (12) "Noxious weed" means a living stage, including, but not limited to, seeds and reproductive parts, of a parasitic or other plant of a kind that presents a threat to Washington agriculture or environment.

             (13) "Regulated article" means a plant or plant product, bees or beekeeping equipment, noxious weed or other articles or equipment capable of harboring or transporting plant or bee pests or noxious weeds that is specifically addressed in rules or quarantines adopted under this chapter.

             (14) "Owner" means the person having legal ownership, possession, or control over a regulated article covered by this chapter including, but not limited to, the owner, shipper, consignee, or their agent.

             (15) "Nuisance" means a plant, or plant part, apiary, or property found in a commercial area on which is found a pest, pathogen, or disease that is a source of infestation to other properties.

             (16) "Bees" means ((honey producing insects of the species apis mellifera and includes the adults, eggs, larvae, pupae, and other immature stages of)) adult insects, eggs, larvae, pupae, or other immature stages of the species Apis mellifera.

             (17) "Bee pests" means a mite, other parasite, or disease that causes injury to bees and those honey bees generally recognized to have undesirable behavioral characteristics such as or as found in Africanized honey bees.

             (18) "Biological control" means the use by humans of living organisms to control or suppress undesirable animals and plants; the action of parasites, predators, or pathogens on a host or prey population to produce a lower general equilibrium than would prevail in the absence of these agents.

             (19) "Biological control agent" means a parasite, predator, or pathogen intentionally released, by humans, into a target host or prey population with the intent of causing population reduction of that host or prey.

             (20) "Emergency" means a situation where there is an imminent danger of an infestation of plant pests or disease that seriously threatens the state's agricultural or horticultural industries or environment and that cannot be adequately addressed with normal procedures or existing resources.


             NEW SECTION. Sec. 7. The following sections are recodified within chapter 15.60 RCW in the following order:

             RCW 15.60.005

             RCW 15.60.010

             RCW 15.60.050

             RCW 15.60.043

             RCW 15.60.040

             RCW 15.60.170

             RCW 15.60.180

             RCW 15.60.190

             RCW 15.60.210

             RCW 15.60.220

             RCW 15.60.900


             NEW SECTION. Sec. 8. The following acts or parts of acts are each repealed:

             (1)         RCW 15.60.007 (Industry apiary program) and 1994 c 178 s 2, 1993 c 89 s 2, & 1988 c 4 s 14;

             (2)         RCW 15.60.015 (Bee pests--Control--Quarantine) and 1993 c 89 s 4, 1988 c 4 s 2, 1977 ex.s. c 362 s 2, & 1961 c 11 s 15.60.015;

             (3)         RCW 15.60.020 (Abandoned hives--Impoundment) and 1993 c 89 s 5, 1988 c 4 s 3, 1975-'76 2nd ex.s. c 34 s 17, & 1961 c 11 s 15.60.020;

             (4)         RCW 15.60.025 (Specific rule-making authority) and 1993 c 89 s 6, 1988 c 4 s 4, & 1977 ex.s. c 362 s 8;

             (5)         RCW 15.60.030 (Bringing bees or equipment into state--Requirements) and 1993 c 89 s 7, 1988 c 4 s 5, 1981 c 296 s 7, 1977 ex.s. c 362 s 3, 1965 c 44 s 1, & 1961 c 11 s 15.60.030;

             (6)         RCW 15.60.042 (Request of department services) and 1993 c 89 s 9 & 1988 c 4 s 7;

             (7)         RCW 15.60.100 (Director's powers) and 1993 c 89 s 12, 1988 c 4 s 10, 1981 c 296 s 10, 1977 ex.s. c 362 s 7, & 1961 c 11 s 15.60.100;

             (8)         RCW 15.60.110 (Access and entry by director) and 1993 c 89 s 13, 1988 c 4 s 11, 1977 ex.s. c 362 s 6, & 1961 c 11 s 15.60.110;

             (9)         RCW 15.60.120 (Queen bee rearing apiaries) and 1993 c 89 s 14, 1988 c 4 s 12, 1981 c 296 s 11, & 1961 c 11 s 15.60.120;

             (10)       RCW 15.60.140 (Africanized honey bees) and 1993 c 89 s 15, 1988 c 4 s 13, 1981 c 296 s 12, & 1961 c 11 s 15.60.140;

             (11)       RCW 15.60.150 (Unlawful acts enumerated) and 1993 c 89 s 16, 1981 c 296 s 13, & 1961 c 11 s 15.60.150; and

             (12)       RCW 15.60.230 (Injunction) and 1993 c 89 s 19.


             NEW SECTION. Sec. 9. This act takes effect June 30, 2001."


             On page 1, line 1 of the title, after "apiaries;" strike the remainder of the title and insert "amending RCW 15.60.005, 15.60.010, 15.60.050, 15.60.043, 15.60.040, and 17.24.007; adding new sections to chapter 15.60 RCW; recodifying RCW 15.60.005, 15.60.010, 15.60.050, 15.60.043, 15.60.040, 15.60.170, 15.60.180, 15.60.190, 15.60.210, 15.60.220, and 15.60.900; repealing RCW 15.60.007, 15.60.015, 15.60.020, 15.60.025, 15.60.030, 15.60.042, 15.60.100, 15.60.110, 15.60.120, 15.60.140, 15.60.150, and 15.60.230; and providing an effective date."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to Engrossed House Bill No. 2995 and advanced the bill as amended by the Senate to final passage.


             Representative G. Chandler spoke in favor of final passage of the bill.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Ogden presiding) stated the question before the House to be final passage of Engrossed House Bill No. 2995 as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed House Bill No. 2995 as amended by the Senate and the bill passed the House by the following vote: Yeas - 94, Nays - 3, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Ruderman, Santos, Schindler, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 94.

             Voting nay: Representatives Kastama, Morris and Romero - 3.

             Excused: Representative Schmidt - 1.


             Engrossed House Bill No. 2995, as amended by the Senate, having received the constitutional majority, was declared passed.


RESOLUTION


             HOUSE RESOLUTION NO. 2000-4768, by Representatives Clements, Conway, B. Chandler, Wood, McIntire, Huff, Thomas, Van Luven, Ericksen, Delvin, Wensman, Radcliff, Lisk, Buck, Benson, Mulliken, Alexander, Pflug, Parlette, Crouse, Mielke, Dunn, Boldt, DeBolt, G. Chandler, Lambert, Schindler, Campbell, Cox, Carlson, Hankins, Skinner, Esser, Fortunato and Talcott


             WHEREAS, In 1916, the first case of polio was recorded, and the following epidemic resulted in approximately 27,000 deaths; and

             WHEREAS, Between 1946 and 1952, polio affected 144,000 victims nationally; and

             WHEREAS, There are an estimated 35,000 polio survivors in Washington state alone; and

             WHEREAS, There are currently 1.6 million polio survivors in the United States; and

             WHEREAS, The centralized Burien office for polio outreach of Washington was formed in 1995 by peer volunteers to locate and inform polio survivors who may currently be experiencing postpolio syndrome; and

             WHEREAS, Many individuals are diagnosed with this disease year after year; and

             WHEREAS, The debilitating effects of postpolio syndrome, from severe fatigue to total body exhaustion, are often not detected until up to thirty years after the original onset of polio; and

             WHEREAS, Postpolio syndrome is the second most common cause of neurological damage; and

             WHEREAS, The medical field and the polio survivors must be able to recognize the symptoms of postpolio syndrome so that they will not be prematurely disabled; and

             WHEREAS, The distribution of accurate information and educational material is a necessity in order to create awareness for this disease and its effects;

             NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize the courage and strength of all polio survivors and the efforts of polio outreach of Washington to reach them; and

             BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Co-Chief Clerks of the House of Representatives to the Burien office for polio outreach.


             Representative Clements moved adoption of the resolution.


             Representatives Clements and Cody spoke in favor of the adoption of the resolution.


             House Resolution No. 2000-4768 was adopted.


MESSAGE FROM THE SENATE

March 6, 2000

Mr. Speaker:


             The President has signed:


ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1572,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2109,

SUBSTITUTE HOUSE BILL NO. 2320,

SUBSTITUTE HOUSE BILL NO. 2321,

HOUSE BILL NO. 2333,

HOUSE BILL NO. 2339,

ENGROSSED HOUSE BILL NO. 2340,

HOUSE BILL NO. 2375,

SUBSTITUTE HOUSE BILL NO. 2398,

SUBSTITUTE HOUSE BILL NO. 2399,

HOUSE BILL NO. 2403,

HOUSE BILL NO. 2407,

HOUSE BILL NO. 2459,

HOUSE BILL NO. 2515,

HOUSE BILL NO. 2536,

ENGROSSED HOUSE BILL NO. 2565,

SUBSTITUTE HOUSE BILL NO. 2587,

HOUSE BILL NO. 2612,

SUBSTITUTE HOUSE BILL NO. 2633,

HOUSE BILL NO. 2650,

HOUSE BILL NO. 2657,

ENGROSSED HOUSE BILL NO. 2713,

HOUSE BILL NO. 2775,

SUBSTITUTE HOUSE BILL NO. 2792,

HOUSE BILL NO. 2851,

HOUSE BILL NO. 2868,

ENGROSSED HOUSE BILL NO. 2881,

SUBSTITUTE HOUSE BILL NO. 2886,

ENGROSSED HOUSE BILL NO. 2952,

HOUSE BILL NO. 3005,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 3045,

and the same are herewith transmitted.

Tony M. Cook, Secretary


March 6,2000

Mr. Speaker:


             The President has signed SUBSTITUTE HOUSE BILL NO. 2721, and the same is herewith transmitted.

Tony M. Cook, Secretary


SENATE AMENDMENTS TO HOUSE BILL

February 29, 2000

Mr. Speaker:


             The Senate has passed House Bill No. 2344 with the following amendment(s)


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 43.88C.010 and 1997 c 168 s 1 are each amended to read as follows:

             (1) The caseload forecast council is hereby created. The council shall consist of two individuals appointed by the governor and four individuals, one of whom is appointed by the chairperson of each of the two largest political caucuses in the senate and house of representatives. The chair of the council shall be selected from among the four caucus appointees. The council may select such other officers as the members deem necessary.

             (2) The council shall employ a caseload forecast supervisor to supervise the preparation of all caseload forecasts. As used in this chapter, "supervisor" means the caseload forecast supervisor.

             (3) Approval by an affirmative vote of at least five members of the council is required for any decisions regarding employment of the supervisor. Employment of the supervisor shall terminate after each term of three years. At the end of the first year of each three-year term the council shall consider extension of the supervisor's term by one year. The council may fix the compensation of the supervisor. The supervisor shall employ staff sufficient to accomplish the purposes of this section.

             (4) The caseload forecast council shall oversee the preparation of and approve, by an affirmative vote of at least four members, the official state caseload forecasts prepared under RCW 43.88C.020. If the council is unable to approve a forecast before a date required in RCW 43.88C.020, the supervisor shall submit the forecast without approval and the forecast shall have the same effect as if approved by the council.

             (5) A council member who does not cast an affirmative vote for approval of the official caseload forecast may request, and the supervisor shall provide, an alternative forecast based on assumptions specified by the member.

             (6) Members of the caseload forecast council shall serve without additional compensation but shall be reimbursed for travel expenses in accordance with RCW 44.04.120 while attending sessions of the council or on official business authorized by the council. Nonlegislative members of the council shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

             (7) "Caseload," as used in this chapter, means the number of persons expected to meet entitlement requirements and require the services of public assistance programs, state correctional institutions, state correctional noninstitutional supervision, state institutions for juvenile offenders, the common school system, long-term care, medical assistance, foster care, and adoption support.

             (8) Unless the context clearly requires otherwise, the definitions provided in RCW 43.88.020 apply to this chapter.


             NEW SECTION. Sec. 2. This act takes effect July 1, 2000."


             On page 1, line 1 of the title, after "forecasting;" strike the remainder of the title and insert "amending RCW 43.88C.010; and providing an effective date."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to House Bill No. 2344 and advanced the bill as amended by the Senate to final passage.


             Representative Alexander spoke in favor of final passage of the bill.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Ogden presiding) stated the question before the House to be final passage of House Bill No. 2344 as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 2344 as amended by the Senate and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 98.


             House Bill No. 2344, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

March 1, 2000

Mr. Speaker:


             The Senate has passed Engrossed Second Substitute House Bill No. 2867 with the following amendment(s)


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. A new section is added to chapter 90.44 RCW to read as follows:

             The legislature recognizes the importance of sound water management. In an effort to promote new and innovative methods of water storage, the legislature authorizes the department of ecology to issue reservoir permits that enable an entity to artificially store and recover water in any underground geological formation, which qualifies as a reservoir under RCW 90.03.370.


             Sec. 2. RCW 90.44.035 and 1987 c 109 s 107 are each amended to read as follows:

             For purposes of this chapter:

             (1) "Department" means the department of ecology;

             (2) "Director" means the director of ecology;

             (3) "Ground waters" means all waters that exist beneath the land surface or beneath the bed of any stream, lake or reservoir, or other body of surface water within the boundaries of this state, whatever may be the geological formation or structure in which such water stands or flows, percolates or otherwise moves. There is a recognized distinction between natural ground water and artificially stored ground water;

             (4) "Natural ground water" means water that exists in underground storage owing wholly to natural processes; ((and))

             (5) "Artificially stored ground water" means water that is made available in underground storage artificially, either intentionally, or incidentally to irrigation and that otherwise would have been dissipated by natural ((waste)) processes; and

             (6) "Underground artificial storage and recovery project" means any project in which it is intended to artificially store water in the ground through injection, surface spreading and infiltration, or other department-approved method, and to make subsequent use of the stored water. However, (a) this subsection does not apply to irrigation return flow, or to operational and seepage losses that occur during the irrigation of land, or to water that is artificially stored due to the construction, operation, or maintenance of an irrigation district project, or to projects involving water reclaimed in accordance with chapter 90.46 RCW; and (b) RCW 90.44.130 applies to those instances of claimed artificial recharge occurring due to the construction, operation, or maintenance of an irrigation district project or operational and seepage losses that occur during the irrigation of land, as well as other forms of claimed artificial recharge already existing at the time a ground water subarea is established.


             Sec. 3. RCW 90.03.370 and 1987 c 109 s 93 are each amended to read as follows:

             (1) All applications for reservoir permits shall be subject to the provisions of RCW 90.03.250 through 90.03.320. But the party or parties proposing to apply to a beneficial use the water stored in any such reservoir shall also file an application for a permit, to be known as the secondary permit, which shall be in compliance with the provisions of RCW 90.03.250 through 90.03.320. Such secondary application shall refer to such reservoir as its source of water supply and shall show documentary evidence that an agreement has been entered into with the owners of the reservoir for a permanent and sufficient interest in said reservoir to impound enough water for the purposes set forth in said application. When the beneficial use has been completed and perfected under the secondary permit, the department shall take the proof of the water users under such permit and the final certificate of appropriation shall refer to both the ditch and works described in the secondary permit and the reservoir described in the primary permit.

             (2)(a) For the purposes of this section, "reservoir" includes, in addition to any surface reservoir, any naturally occurring underground geological formation where water is collected and stored for subsequent use as part of an underground artificial storage and recovery project. To qualify for issuance of a reservoir permit an underground geological formation must meet standards for review and mitigation of adverse impacts identified, for the following issues:

             (i) Aquifer vulnerability and hydraulic continuity;

             (ii) Potential impairment of existing water rights;

             (iii) Geotechnical impacts and aquifer boundaries and characteristics;

             (iv) Chemical compatibility of surface waters and ground water;

             (v) Recharge and recovery treatment requirements;

             (vi) System operation;

             (vii) Water rights and ownership of water stored for recovery; and

             (viii) Environmental impacts.

             (b) Standards for review and standards for mitigation of adverse impacts for an underground artificial storage and recovery project shall be established by the department by rule. Notwithstanding the provisions of RCW 90.03.250 through 90.03.320, analysis of each underground artificial storage and recovery project and each underground geological formation for which an applicant seeks the status of a reservoir shall be through applicant-initiated studies reviewed by the department.

             (3) For the purposes of this section, "underground artificial storage and recovery project" means any project in which it is intended to artificially store water in the ground through injection, surface spreading and infiltration, or other department-approved method, and to make subsequent use of the stored water. However, (a) this subsection does not apply to irrigation return flow, or to operational and seepage losses that occur during the irrigation of land, or to water that is artificially stored due to the construction, operation, or maintenance of an irrigation district project, or to projects involving water reclaimed in accordance with chapter 90.46 RCW; and (b) RCW 90.44.130 applies to those instances of claimed artificial recharge occurring due to the construction, operation, or maintenance of an irrigation district project or operational and seepage losses that occur during the irrigation of land, as well as other forms of claimed artificial recharge already existing at the time a ground water subarea is established.

             (4) Nothing in this act changes the requirements of existing law governing issuance of permits to appropriate or withdraw the waters of the state.

             (5) The department shall report to the legislature by December 31, 2001, on the standards for review and standards for mitigation developed under subsection (3) of this section and on the status of any applications that have been filed with the department for underground artificial storage and recovery projects by that date."


             On page 1, line 1 of the title, after "storage;" strike the remainder of the title and insert "amending RCW 90.44.035 and 90.03.370; and adding a new section to chapter 90.44 RCW."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to Engrossed Second Substitute House Bill No. 2867 and advanced the bill as amended by the Senate to final passage.


             Representatives G. Chandler and Cooper spoke in favor of final passage of the bill.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Ogden presiding) stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 2867 as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2867 as amended by the Senate and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 98.


             Engrossed Second Substitute House Bill No. 2867, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

March 2, 2000

Mr. Speaker:


             The Senate has passed House Bill No. 2993 with the following amendment(s)


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 52.12.150 and 1994 c 28 s 1 are each amended to read as follows:

             Without obtaining a permit issued under RCW 70.94.650, fire protection district fire fighters may set fire to structures located outside of urban growth areas in counties that plan under the requirements of RCW 36.70A.040, and outside of any city with a population of ten thousand or more in all other counties, for instruction in methods of fire fighting, if all of the following conditions are met:

             (1) ((The fire conforms with any other permits, licenses, or approvals that are required)) In consideration of prevailing air patterns, the fire is unlikely to cause air pollution in areas of sensitivity downwind of the proposed fire location;

             (2) The fire is not located in an area that is declared to be in an air pollution episode or any stage of an impaired air quality as defined in RCW 70.94.715 and 70.94.473;

             (3) Nuisance laws are applicable to the fire, including nuisances related to the unreasonable interference with the enjoyment of life and property and the depositing of particulate matter or ash on other property;

             (4) Notice of the fire is provided to the owners of property adjoining the property on which the fire will occur, to other persons who potentially will be impacted by the fire, and to additional persons in a broader manner as specifically requested by the local air pollution control agency or the department of ecology;

             (5) Each structure that is proposed to be set on fire must be identified specifically as a structure to be set on fire. Each other structure on the same parcel of property that is not proposed to be set on fire must be identified specifically as a structure not to be set on fire; and

             (6) Before setting a structure on fire, a good-faith inspection is conducted by the fire agency or fire protection district conducting the training fire to determine if materials containing asbestos are present, the inspection is documented in writing and forwarded to the appropriate local air authority or the department of ecology if there is no local air authority, and asbestos that is found is removed as required by state and federal laws."


             On page 1, line 1 of the title, after "instruction;" strike the remainder of the title and insert "and amending RCW 52.12.150."


and the same are herewith transmitted.

Tony M. Cook, Secretary


             There being no objection, the House concurred in the Senate amendment(s) to House Bill No. 2993 and advanced the bill as amended by the Senate to final passage.


             Representative G. Chandler spoke in favor of final passage of the bill.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Ogden presiding) stated the question before the House to be final passage of House Bill No. 2993 as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 2993 as amended by the Senate and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 98.


             House Bill No. 2993, as amended by the Senate, having received the constitutional majority, was declared passed.


             SUBSTITUTE HOUSE BILL NO. 3099, by House Committee on Capital Budget (originally sponsored by Representatives Dunshee, Barlean, Murray, Reardon, Koster and Lovick)

 

Allowing state and local governments to continue to lower their exposure to interest rate fluctuations with respect to financial obligations. (REVISED FOR PASSED LEGISLATURE: Concerning the issuance of state and local government bonds.)


             There being no objection, the request for a ruling on the Scope & Object on the Senate amendment to Substitute House Bill No. 3099 was withdrawn.


             There being no objection, the House concurred in the Senate amendment(s) to Substitute House Bill No. 3099 and advanced the bill as amended by the Senate to final passage.


             Representatives Murray and Alexander spoke in favor of final passage of the bill.


FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE


             The Speaker (Representative Ogden presiding) stated the question before the House to be final passage of Substitute House Bill No. 3099 as amended by the Senate.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 3099 as amended by the Senate and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Benson, Boldt, Buck, Bush, Cairnes, Campbell, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Haigh, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Poulsen, Quall, Radcliff, Reardon, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Scott, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Thomas, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 98.


             Substitute House Bill No. 3099, as amended by the Senate, having received the constitutional majority, was declared passed.


SENATE AMENDMENTS TO HOUSE BILL

March 2, 2000

Mr. Speaker:


             The Senate has passed Engrossed Substitute House Bill No. 2078 with the following amendment(s)


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The purpose of this act is to recodify Titles 75 and 77 RCW into Title 77 RCW ensuant to the merger of the departments of wildlife and fisheries.

PART I

TITLE 75

Amendments


             Sec. 2. RCW 75.08.012 and 1983 1st ex.s. c 46 s 5 are each amended to read as follows:

             Wildlife, fish, and shellfish are the property of the state. The commission, director, and the department shall preserve, protect, perpetuate, and manage the wildlife and food fish, game fish, and shellfish in state waters and offshore waters.

             The department shall conserve the wildlife and food fish, game fish, and shellfish resources in a manner that does not impair the resource. In a manner consistent with this goal, the department shall seek to maintain the economic well-being and stability of the fishing industry in the state. The department shall promote orderly fisheries and shall enhance and improve recreational and commercial fishing in this state.

             The commission may authorize the taking of wildlife, food fish, game fish, and shellfish only at times or places, or in manners or quantities, as in the judgment of the commission does not impair the supply of these resources.

             The commission shall attempt to maximize the public recreational game fishing and hunting opportunities of all citizens, including juvenile, disabled, and senior citizens.

             Recognizing that the management of our state wildlife, food fish, game fish, and shellfish resources depends heavily on the assistance of volunteers, the department shall work cooperatively with volunteer groups and individuals to achieve the goals of this title to the greatest extent possible.

             Nothing in this title shall be construed to infringe on the right of a private property owner to control the owner's private property.


             Sec. 3. RCW 75.08.020 and 1988 c 36 s 31 are each amended to read as follows:

             (1) The director shall investigate the habits, supply, and economic use of food fish and shellfish in state and offshore waters.

             (2) The director shall make an annual report to the governor on the operation of the department and the statistics of the fishing industry.

             (3) Subject to RCW 40.07.040, the director shall provide a comprehensive biennial report of all departmental operations to the chairs of the committees on natural resources ((and ways and means)) of the senate and house of representatives, the senate ways and means committee, and the house of representatives appropriations committee, including one copy to the staff of each of the committees, to reflect the previous fiscal period. The format of the report shall be similar to reports issued by the department from 1964-1970 and the report shall include, but not be limited to, descriptions of all department activities including: Revenues generated, program costs, capital expenditures, personnel, special projects, new and ongoing research, environmental controls, cooperative projects, intergovernmental agreements, and outlines of ongoing litigation, recent court decisions and orders on major issues with the potential for state liability. The report shall describe the status of the resource and its recreational, commercial, and tribal utilization. The report ((shall be given to the house and senate committees on ways and means and the house and senate committees on natural resources and)) shall be made available to the public.


             Sec. 4. RCW 75.08.040 and 1995 1st sp.s. c 2 s 23 are each amended to read as follows:

             The commission may acquire by gift, easement, purchase, lease, or condemnation lands, buildings, water rights, ((and)) rights of way, or other necessary property, and construct and maintain necessary facilities for purposes consistent with this title. The commission may authorize the director to acquire property under this section, but the power of condemnation may only be exercised by the director when an appropriation has been made by the legislature for the acquisition of a specific property, except to clear title and acquire access rights of way.

             The commission may sell, lease, convey, or grant concessions upon real or personal property under the control of the department.


             Sec. 5. RCW 75.08.045 and 1995 1st sp.s. c 2 s 24 are each amended to read as follows:

             The ((commission)) director may accept money or real property from persons under conditions requiring the use of the property or money for the protection, rehabilitation, preservation, or conservation of the state wildlife, food fish, and shellfish resources, or in settlement of claims for damages to wildlife, food fish, and shellfish resources. The ((commission)) director shall only accept real property useful for the protection, rehabilitation, preservation, or conservation of these fisheries resources.


             Sec. 6. RCW 75.08.055 and 1995 1st sp.s. c 2 s 8 are each amended to read as follows:

             (1) The commission may enter into agreements with and receive funds from the United States for the construction, maintenance, and operation of fish cultural stations, laboratories, and devices in the Columbia River basin for improvement of feeding and spawning conditions for fish, for the protection of migratory fish from irrigation projects and for facilitating free migration of fish over obstructions.

             (2) The ((commission)) director and the department may acquire by gift, purchase, lease, easement, or condemnation the use of lands where the construction or improvement is to be carried on by the United States.


             Sec. 7. RCW 75.08.080 and 1995 1st sp.s. c 2 s 11 are each amended to read as follows:

             (1) The commission may adopt, amend, or repeal rules as follows:

             (a) Specifying the times when the taking of wildlife, food fish, or shellfish is lawful or unlawful.

             (b) Specifying the areas and waters in which the taking and possession of wildlife, food fish, or shellfish is lawful or unlawful.

             (c) Specifying and defining the gear, appliances, or other equipment and methods that may be used to take wildlife, food fish, or shellfish, and specifying the times, places, and manner in which the equipment may be used or possessed.

             (d) Regulating the possession, disposal, landing, and sale of wildlife, food fish, or shellfish within the state, whether acquired within or without the state.

             (e) Regulating the prevention and suppression of diseases and pests affecting wildlife, food fish, or shellfish.

             (f) Regulating the size, sex, species, and quantities of wildlife, food fish, or shellfish that may be taken, possessed, sold, or disposed of.

             (g) Specifying the statistical and biological reports required from fishermen, dealers, boathouses, or processors of wildlife, food fish, or shellfish.

             (h) Classifying species of marine and freshwater life as food fish or shellfish.

             (i) Classifying the species of wildlife, food fish, and shellfish that may be used for purposes other than human consumption.

             (j) Other rules necessary to carry out this title and the purposes and duties of the department.

             (2) Subsections (1)(a), (b), (c), (d), and (f) of this section do not apply to private tideland owners and lessees and the immediate family members of the owners or lessees of state tidelands, when they take or possess oysters, clams, cockles, borers, or mussels, excluding razor clams, produced on their own private tidelands or their leased state tidelands for personal use.

             "Immediate family member" for the purposes of this section means a spouse, brother, sister, grandparent, parent, child, or grandchild.

             (3) Except for subsection (1)(g) of this section, this section does not apply to private sector cultured aquatic products as defined in RCW 15.85.020. Subsection (1)(g) of this section does apply to such products.


             Sec. 8. RCW 75.08.206 and 1983 1st ex.s. c 46 s 20 are each amended to read as follows:

             The director shall provide compensation insurance for ((fisheries patrol)) fish and wildlife officers, insuring these employees against injury or death in the performance of enforcement duties not covered under the workers' compensation act of the state. The beneficiaries and the compensation and benefits under the compensation insurance shall be the same as provided in chapter 51.32 RCW, and the compensation insurance also shall provide for medical aid and hospitalization to the extent and amount as provided in RCW 51.36.010 and 51.36.020.


             Sec. 9. RCW 75.08.208 and 1983 1st ex.s. c 46 s 22 are each amended to read as follows:

             The director shall relieve from active duty ((fisheries patrol)) fish and wildlife officers who are injured in the performance of their official duties to such an extent as to be incapable of active service. While relieved from active duty, the employees shall receive one-half of their salary less any compensation received through the provisions of RCW 41.40.200, 41.40.220, and 75.08.206.


             Sec. 10. RCW 75.08.230 and 1996 c 267 s 3 are each amended to read as follows:

             (1) Except as provided in this ((section)) title, state and county officers receiving the following moneys shall deposit them in the state general fund:

             (a) The sale of commercial licenses required under this title, except for licenses issued under chapter 77.32 RCW; and

             (b) ((The sale of property seized or confiscated under this title;

             (c) Fines and forfeitures collected under this title;

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

             (e) Rentals or concessions of the department;

             (f))) Moneys received for damages to food fish((,)) or shellfish ((or department property; and

             (g) Gifts)).

             (2) The director shall make weekly remittances to the state treasurer of moneys collected by the department.

             (3) All fines and forfeitures collected or assessed by a district court for a violation of this title or rule of the department shall be remitted as provided in chapter 3.62 RCW.

             (4) Proceeds from the sale of food fish or shellfish taken in test fishing conducted by the department, to the extent that these proceeds exceed the estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270 to reimburse the department for unanticipated costs for test fishing operations in excess of the allowance in the budget approved by the legislature.

             (5) Proceeds from the sale of salmon carcasses and salmon eggs from state general funded hatcheries by the department of general administration shall be deposited in the regional fisheries enhancement group account established in RCW 75.50.100 (as recodified by this act).

             (6) Moneys received by the commission under RCW 75.08.045 (as recodified by this act), to the extent these moneys exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270. Allocations under this subsection shall be made only for the specific purpose for which the moneys were received, unless the moneys were received in settlement of a claim for damages to food fish or shellfish, in which case the moneys may be expended for the conservation of these resources.

             (7) Proceeds from the sale of herring spawn on kelp fishery licenses by the department, to the extent those proceeds exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270. Allocations under this subsection shall be made only for herring management, enhancement, and enforcement.


             Sec. 11. RCW 75.08.245 and 1988 c 115 s 1 are each amended to read as follows:

             The department may supply, at a reasonable charge, surplus salmon eggs to a person for use in the cultivation of salmon. The department shall not intentionally create a surplus of salmon to provide eggs for sale. The department shall only sell salmon eggs from stocks that are not suitable for salmon population rehabilitation or enhancement in state waters in Washington. All sales or transfers shall be consistent with the department's egg transfer and aquaculture disease control regulations as now existing or hereafter amended. Prior to department determination that eggs of a salmon stock are surplus and available for sale, the department shall assess the productivity of each watershed that is suitable for receiving eggs.

             ((The salmon enhancement advisory council, created in RCW 75.48.120, shall consider egg sales at each meeting.))


             Sec. 12. RCW 75.10.150 and 1996 c 267 s 14 are each amended to read as follows:

             Since violation of the rules of the department relating to the accounting of the commercial harvest of food fish and shellfish result in damage to the resources of the state, liability for damage to food fish and shellfish resources is imposed on a wholesale fish dealer for violation of a provision in chapter 75.28 RCW (as recodified by this act) or a rule of the department related to the accounting of the commercial harvest of food fish and shellfish and shall be for the actual damages or for damages imposed as follows:

             (1) For violation of rules requiring the timely presentation to the department of documents relating to the accounting of commercial harvest, fifty dollars for each of the first fifteen documents in a series and ten dollars for each subsequent document in the same series. If documents relating to the accounting of commercial harvest of food fish and shellfish are lost or destroyed and the wholesale dealer notifies the department in writing within seven days of the loss or destruction, the director shall waive the requirement for timely presentation of the documents.

             (2) For violation of rules requiring accurate and legible information relating to species, value, harvest area, or amount of harvest, twenty-five dollars for each of the first five violations of this subsection following July 28, 1985, and fifty dollars for each violation after the first five violations.

             (3) For violations of rules requiring certain signatures, fifty dollars for each of the first two violations and one hundred dollars for each subsequent violation. For the purposes of this subsection, each signature is a separate requirement.

             (4) For other violations of rules relating to the accounting of the commercial harvest, fifty dollars for each separate violation.


             Sec. 13. RCW 75.12.230 and 1998 c 190 s 81 are each amended to read as follows:

             Within the waters described in RCW 75.12.210 (as recodified by this act), 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. 14. RCW 75.20.061 and 1983 1st ex.s. c 46 s 73 are each amended to read as follows:

             If the director determines that a fishway or fish guard described in RCW 75.20.040 and 75.20.060 (as recodified by this act) and in existence on September 1, 1963, is inadequate, in addition to other authority granted in this chapter, the director may remove, relocate, reconstruct, or modify the device, without cost to the owner. The director shall not materially modify the amount of flow of water through the device. After the department has completed the improvements, the fishways and fish guards shall be operated and maintained at the expense of the owner in accordance with RCW 75.20.040 and 75.20.060 (as recodified by this act).


             Sec. 15. RCW 75.20.098 and 1997 c 424 s 6 are each amended to read as follows:

             When reviewing a mitigation plan under RCW 75.20.100 or 75.20.103 (as recodified by this act), the department shall, at the request of the project proponent, follow the guidance contained in RCW 90.74.005 through 90.74.030.


             Sec. 16. RCW 75.20.100 and 1998 c 190 s 87 are each 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 (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)(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 (as recodified by this act), "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.

             (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.

             (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 (as recodified by this act).

             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.

             (8) For the purposes of this section and RCW 75.20.103 (as recodified by this act), "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.

             (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. 17. RCW 75.20.104 and 1993 sp.s. c 2 s 33 are each amended to read as follows:

             Whenever the placement of woody debris is required as a condition of a hydraulic permit approval issued pursuant to RCW 75.20.100 or 75.20.103 (as recodified by this act), the department, upon request, shall invite comment regarding that placement from the local governmental authority, affected tribes, affected federal and state agencies, and the project applicant.


             Sec. 18. RCW 75.20.1041 and 1993 sp.s. c 2 s 34 are each amended to read as follows:

             The department and the department of ecology will work cooperatively with the United States army corps of engineers to develop a memorandum of agreement outlining dike vegetation management guidelines so that dike owners are eligible for coverage under P.L. 84-99, and state requirements established pursuant to RCW 75.20.100 and 75.20.103 (as recodified by this act) are met.


             Sec. 19. RCW 75.20.106 and 1993 sp.s. c 2 s 35 are each amended to read as follows:

             The department may levy civil penalties of up to one hundred dollars per day for violation of any provisions of RCW 75.20.100 or 75.20.103 (as recodified by this act). The penalty provided shall be imposed by notice in writing, either by certified mail or personal service to the person incurring the penalty, from the director or the director's designee describing the violation. Any person incurring any penalty under this chapter may appeal the same under chapter 34.05 RCW to the director. Appeals shall be filed within thirty days of receipt of notice imposing any penalty. The penalty imposed shall become due and payable thirty days after receipt of a notice imposing the penalty unless an appeal is filed. Whenever an appeal of any penalty incurred under this chapter is filed, the penalty shall become due and payable only upon completion of all review proceedings and the issuance of a final order confirming the penalty in whole or in part.

             If the amount of any penalty is not paid within thirty days after it becomes due and payable the attorney general, upon the request of the director shall bring an action in the name of the state of Washington in the superior court of Thurston county or of any county in which such violator may do business, to recover such penalty. In all such actions the procedure and rules of evidence shall be the same as an ordinary civil action. All penalties recovered under this section shall be paid into the state's general fund.


             Sec. 20. RCW 75.20.130 and 1996 c 276 s 2 are each amended to read as follows:

             (1) There is hereby created within the environmental hearings office under RCW 43.21B.005 the hydraulic appeals board of the state of Washington.

             (2) The hydraulic appeals board shall consist of three members: The director of the department of ecology or the director's designee, the director of the department of agriculture or the director's designee, and the director or the director's designee of the department whose action is appealed under subsection (6) of this section. A decision must be agreed to by at least two members of the board to be final.

             (3) The board may adopt rules necessary for the conduct of its powers and duties or for transacting other official business.

             (4) The board shall make findings of fact and prepare a written decision in each case decided by it, and that finding and decision shall be effective upon being signed by two or more board members and upon being filed at the hydraulic appeals board's principal office, and shall be open to public inspection at all reasonable times.

             (5) The board has exclusive jurisdiction to hear appeals arising from the approval, denial, conditioning, or modification of a hydraulic approval issued by the department: (a) Under the authority granted in RCW 75.20.103 (as recodified by this act) for the diversion of water for agricultural irrigation or stock watering purposes or when associated with streambank stabilization to protect farm and agricultural land as defined in RCW 84.34.020; or (b) under the authority granted in RCW 75.20.190 (as recodified by this act) for off-site mitigation proposals.

             (6)(a) Any person aggrieved by the approval, denial, conditioning, or modification of a hydraulic approval pursuant to RCW 75.20.103 (as recodified by this act) may seek review from the board by filing a request for the same within thirty days of notice of the approval, denial, conditioning, or modification of such approval.

             (b) The review proceedings authorized in (a) of this subsection are subject to the provisions of chapter 34.05 RCW pertaining to procedures in adjudicative proceedings.


             Sec. 21. RCW 75.20.320 and 1995 c 328 s 1 are each amended to read as follows:

             The department may not require mitigation for adverse impacts on fish life or habitat that occurred at the time a wetland was filled, if the wetland was filled under the provisions of RCW 75.20.300 (as recodified by this act).


             Sec. 22. RCW 75.24.060 and 1998 c 245 s 152 are each amended to read as follows:

             It is the policy of the state to improve state oyster reserves so that they are productive and yield a revenue sufficient for their maintenance. In fixing the price of oysters and other shellfish sold from the reserves, the director shall take into consideration this policy. It is also the policy of the state to maintain the oyster reserves to furnish shellfish to growers and processors and to stock public beaches.

             Shellfish may be harvested from state oyster reserves for personal use as prescribed by rule of the director.

             The ((department)) director shall periodically inventory the state oyster reserves and assign the reserve lands into management categories:

             (1) Native Olympia oyster broodstock reserves;

             (2) Commercial shellfish harvesting zones;

             (3) Commercial shellfish propagation zones designated for long-term leasing to private aquaculturists;

             (4) Public recreational shellfish harvesting zones;

             (5) Unproductive land.

             The ((department)) director shall manage each category of oyster reserve land to maximize the sustained yield production of shellfish consistent with the purpose for establishment of each management category.

             The ((department)) commission shall develop an oyster reserve management plan, to include recommendations for leasing reserve lands, in coordination with the shellfish industry, by January 1, 1986.

             The director shall protect, reseed, improve the habitat of, and replant state oyster reserves ((and)). The director shall also issue cultch permits and oyster reserve fishery licenses.


             Sec. 23. RCW 75.24.065 and 1993 sp.s. c 2 s 40 are each amended to read as follows:

             The legislature finds that current environmental and economic conditions warrant a renewal of the state's historical practice of actively cultivating and managing its oyster reserves in Puget Sound to produce the state's native oyster, the Olympia oyster. The ((department)) director shall reestablish dike cultivated production of Olympia oysters on such reserves on a trial basis as a tool for planning more comprehensive cultivation by the state.


             Sec. 24. RCW 75.24.070 and 1983 1st ex.s. c 46 s 82 are each amended to read as follows:

             The director shall determine the time, place, and method of sale of oysters and other shellfish from state oyster reserves. Any person who commercially takes shellfish from state oyster reserves must possess an oyster reserve fishery license issued by the director pursuant to RCW 75.28.290 (as recodified by this act). Any person engaged in the commercial cultching of oysters on state oyster reserves must possess an oyster cultch permit issued by the director pursuant to RCW 75.28.295 (as recodified by this act).

             To maintain local communities and industries and to restrain the formation of monopolies in the industry, the director shall determine the number of bushels which shall be sold to a person. When the shellfish are sold at public auction, the director may reject any and all bids.


             Sec. 25. RCW 75.24.100 and 1998 c 190 s 91 are each amended to read as follows:

             (1) The ((department)) director 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. The ((department)) director 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)) director shall determine the effect of each type or unit of gear upon the geoduck population or the substrate they inhabit. The ((commission)) director 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. 26. RCW 75.24.130 and 1995 1st sp.s. c 2 s 30 are each amended to read as follows:

             The commission may examine the clam, mussel, and oyster beds located on aquatic lands belonging to the state and request the commissioner of public lands to withdraw these lands from sale and lease for the purpose of establishing reserves or public beaches. The ((commission)) director shall conserve, protect, and develop these reserves and the oyster, shrimp, clam, and mussel beds on state lands.


             Sec. 27. RCW 75.25.092 and 1999 c 243 s 3 are each amended to read as follows:

             (1) A personal use shellfish and seaweed license is required for all persons other than residents or nonresidents under fifteen years of age to fish for, take, dig for, or possess seaweed or shellfish for personal use from state waters or offshore waters including national park beaches.

             (2) The fees for annual personal use shellfish and seaweed licenses are:

             (a) For a resident fifteen years of age or older, seven dollars;

             (b) For a nonresident fifteen years of age or older, twenty dollars; and

             (c) For a senior, five dollars.

             (3) The license fee for a two-day personal use shellfish and seaweed license is six dollars for residents or nonresidents fifteen years of age or older.

             (4) The personal use shellfish and seaweed license shall be visible on the licensee while harvesting shellfish or seaweed.


             Sec. 28. RCW 75.28.011 and 1997 c 418 s 1 are each amended to read as follows:

             (1) Unless otherwise provided in this title, a license issued under this chapter is not transferable from the license holder to any other person.

             (2) The following restrictions apply to transfers of commercial fishery licenses, salmon delivery licenses, and salmon charter licenses that are transferable between license holders:

             (a) The license holder shall surrender the previously issued license to the department.

             (b) The department shall complete no more than one transfer of the license in any seven-day period.

             (c) The fee to transfer a license from one license holder to another is:

             (i) The same as the resident license renewal fee if the license is not limited under chapter 75.30 RCW (as recodified by this act);

             (ii) Three and one-half times the resident renewal fee if the license is not a commercial salmon license and the license is limited under chapter 75.30 RCW (as recodified by this act);

             (iii) Fifty dollars if the license is a commercial salmon license and is limited under chapter 75.30 RCW (as recodified by this act);

             (iv) Five hundred dollars if the license is a Dungeness crab-coastal fishery license; or

             (v) If a license is transferred from a resident to a nonresident, an additional fee is assessed that is equal to the difference between the resident and nonresident license fees at the time of transfer, to be paid by the transferee.

             (3) A commercial license that is transferable under this title survives the death of the holder. Though such licenses are not personal property, they shall be treated as analogous to personal property for purposes of inheritance and intestacy. Such licenses are subject to state laws governing wills, trusts, estates, intestate succession, and community property, except that such licenses are exempt from claims of creditors of the estate and tax liens. The surviving spouse, estate, or beneficiary of the estate may apply for a renewal of the license. There is no fee for transfer of a license from a license holder to the license holder's surviving spouse or estate, or to a beneficiary of the estate.


             Sec. 29. RCW 75.28.020 and 1994 c 244 s 1 are each amended to read as follows:

             (1) Except as otherwise provided in this title, a person ((as defined in RCW 75.08.011)) may hold a commercial license established by this chapter.

             (2) Except as otherwise provided in this title, an individual may hold a commercial license only if the individual is sixteen years of age or older and a bona fide resident of the United States.

             (3) A corporation may hold a commercial license only if it is authorized to do business in this state.

             (4) No person may hold a limited-entry license unless the person meets the qualifications that this title establishes for the license.

             (5) The residency requirements in subsection (2) of this section do not apply to holders of nonsalmon delivery licenses.


             Sec. 30. RCW 75.28.034 and 1995 c 227 s 1 are each amended to read as follows:

             If, for any reason, the department does not allow any opportunity for a commercial fishery during a calendar year, the ((department)) director shall either: (1) Waive the requirement to obtain a license for that commercial fishery for that year; or (2) refund applicable license fees upon return of the license.


             Sec. 31. RCW 75.28.042 and 1997 c 58 s 882 are each amended to read as follows:

             (1) The department shall immediately suspend the license 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)).

             (2) A listing on the department of licensing's data base that an individual's license is currently suspended pursuant to RCW 46.20.291(((7))) (8) shall be prima facie evidence that the individual is in noncompliance with a support order ((or residential or visitation order)). Presentation of a written release issued by the department of social and health services or a court stating that the person is in compliance with an order shall serve as proof of compliance.


             Sec. 32. RCW 75.28.046 and 1998 c 267 s 2 are each amended to read as follows:

             This section applies to all commercial fishery licenses and delivery licenses, except for whiting--Puget Sound fishery licenses and emergency salmon delivery licenses.

             (1) The license holder may engage in the activity authorized by a license subject to this section. With the exception of Dungeness crab--coastal fishery class B licensees licensed under RCW 75.30.350(4) (as recodified by this act), the holder of a license subject to this section may also designate up to two alternate operators for the license. Dungeness crab--coastal fishery class B licensees may not designate alternate operators. A person designated as an alternate operator must possess an alternate operator license issued under RCW 75.28.048 (as recodified by this act).

             (2) The fee to change the alternate operator designation is twenty-two dollars.


             Sec. 33. RCW 75.28.047 and 1998 c 267 s 3 are each amended to read as follows:

             (1) Only the license holder and any alternate operators designated on the license may sell or deliver food fish or shellfish under a commercial fishery license or delivery license. A commercial fishery license or delivery license authorizes no taking or delivery of food fish or shellfish unless the license holder or an alternate operator designated on the license is present or aboard the vessel.

             (2) Notwithstanding RCW 75.28.010(1)(c) (as recodified by this act), an alternate operator license is not required for an individual to operate a vessel as a charter boat.


             Sec. 34. RCW 75.28.048 and 1998 c 267 s 4 are each amended to read as follows:

             (1) A person who holds a commercial fishery license or a delivery license may operate the vessel designated on the license. A person who is not the license holder may operate the vessel designated on the license only if:

             (a) The person holds an alternate operator license issued by the director; and

             (b) The person is designated as an alternate operator on the underlying commercial fishery license or delivery license under RCW 75.28.046 (as recodified by this act).

             (2) Only an individual at least sixteen years of age may hold an alternate operator license.

             (3) No individual may hold more than one alternate operator license. An individual who holds an alternate operator license may be designated as an alternate operator on an unlimited number of commercial fishery licenses or delivery licenses under RCW 75.28.046 (as recodified by this act).

             (4) An individual who holds two Dungeness crab--Puget Sound fishery licenses may operate the licenses on one vessel if the vessel owner or alternate operator is on the vessel. The department shall allow a license holder to operate up to one hundred crab pots for each license.

             (5) As used in this section, to "operate" means to control the deployment or removal of fishing gear from state waters while aboard a vessel or to operate a vessel delivering food fish or shellfish taken in offshore waters to a port within the state.


             Sec. 35. RCW 75.28.055 and 1997 c 421 s 1 are each amended to read as follows:

             The ((fish and wildlife commission)) director may, by rule, increase the number of alternate operators beyond the level authorized by RCW 75.28.030 and 75.28.046 (as recodified by this act) for a commercial fishery license, delivery license, or charter license.


             Sec. 36. RCW 75.28.095 and 1998 c 190 s 95 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 (as recodified by this act) Surcharge)      Section

                                         Resident     Nonresident

(a) Nonsalmon charter        $225              $375

(b) Salmon charter              $380              $685     RCW 75.30.065

                                                                     (as recodified by this act)

                                       (plus $100)    (plus $100)

(c) Salmon angler                $ 0                $ 0      RCW 75.30.070

                                                                     (as recodified by this act)

(d) Salmon roe                    $ 95               $ 95      RCW 75.28.690

                                                                     (as recodified by this act)

             (2) 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 (as recodified by this act).

             (3) 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. 37. RCW 75.28.110 and 1997 c 76 s 1 are each amended to read as follows:

             (1) The following commercial salmon fishery licenses are required for the license holder to use the specified gear to fish for salmon in state waters. Only a person who meets the qualifications of RCW 75.30.120 (as recodified by this act) may hold a license listed in this subsection. The licenses and their annual fees and surcharges under RCW 75.50.100 (as recodified by this act) are:

          Fishery                                Resident     Nonresident       Surcharge

          License                                   Fee               Fee

(a) Salmon Gill Net--Grays             $380               $685            plus $100

          Harbor-Columbia river

(b) Salmon Gill Net--Puget             $380               $685            plus $100

          Sound

(c) Salmon Gill Net--Willapa          $380               $685            plus $100

          Bay-Columbia river

(d) Salmon purse seine                    $530               $985            plus $100

(e) Salmon reef net                          $380               $685            plus $100

(f) Salmon troll                                $380               $685            plus $100

             (2) A license issued under this section authorizes no taking or delivery of salmon or other food fish unless a vessel is designated under RCW 75.28.045 (as recodified by this act).

             (3) Holders of commercial salmon fishery licenses may retain incidentally caught food fish other than salmon, subject to rules of the department.

             (4) A salmon troll license includes a salmon delivery license.

             (5) A salmon gill net license authorizes the taking of salmon only in the geographical area for which the license is issued. The geographical designations in subsection (1) of this section have the following meanings:

             (a) "Puget Sound" includes waters of the Strait of Juan de Fuca, Georgia Strait, Puget Sound and all bays, inlets, canals, coves, sounds, and estuaries lying easterly and southerly of the international boundary line and a line at the entrance to the Strait of Juan de Fuca projected northerly from Cape Flattery to the lighthouse on Tatoosh Island and then to Bonilla Point on Vancouver Island.

             (b) "Grays Harbor-Columbia river" includes waters of Grays Harbor and tributary estuaries lying easterly of a line projected northerly from Point Chehalis Light to Point Brown and those waters of the Columbia river and tributary sloughs and estuaries easterly of a line at the entrance to the Columbia river projected southerly from the most westerly point of the North jetty to the most westerly point of the South jetty.

             (c) "Willapa Bay-Columbia river" includes waters of Willapa Bay and tributary estuaries and easterly of a line projected northerly from Leadbetter Point to the Cape Shoalwater tower and those waters of the Columbia river and tributary sloughs described in (b) of this subsection.

             (6) A commercial salmon troll fishery license may be renewed under this section 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. A commercial salmon gill net, reef net, or seine fishery license may be renewed under this section if the license holder notifies the department by August 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. 38. RCW 75.28.113 and 1998 c 190 s 96 are each amended to read as follows:

             (1) A salmon delivery license 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 (as recodified by this act) is one hundred dollars for each license. Holders of nonlimited entry delivery licenses issued under RCW 75.28.125 (as recodified by this act) 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 (as recodified by this act) 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. 39. RCW 75.28.114 and 1999 c 103 s 1 are each amended to read as follows:

             (1) The legislature finds that landing salmon into the ports of Washington state, regardless of where such salmon have been harvested, is economically beneficial to those ports as well as to the citizens of the state of Washington. It is therefore the intent of the legislature to encourage this practice.

             (2) Notwithstanding the provisions of RCW 75.28.010(1)(b) and 75.28.113 (as recodified by this act), a Washington citizen who holds a valid Oregon or California salmon troll license may land salmon taken during lawful seasons in Oregon and California into Washington ports without obtaining a salmon delivery license. This exception is valid only when the salmon were taken in offshore waters south of Cape Falcon.

             (3) The department shall adopt rules necessary to implement this section, including rules identifying the appropriate methods for verifying that salmon were in fact taken south of Cape Falcon.


             Sec. 40. RCW 75.28.116 and 1993 sp.s. c 17 s 37 are each amended to read as follows:

             A person who does not qualify for a license under RCW 75.30.120 (as recodified by this act) shall obtain a nontransferable emergency salmon delivery license to make one delivery of salmon taken in offshore waters. The director shall not issue an emergency salmon delivery license unless, as determined by the director, a bona fide emergency exists. The license fee is two hundred twenty-five dollars for residents and four hundred seventy-five dollars for nonresidents. An applicant for an emergency salmon delivery license shall designate no more than one vessel that will be used with the license. Alternate operator licenses are not required of persons delivering salmon under an emergency salmon delivery license. Emergency salmon delivery licenses are not renewable.


             Sec. 41. RCW 75.28.120 and 1993 sp.s. c 17 s 38 are each amended to read as follows:

             (1) This section establishes commercial fishery licenses required for food fish fisheries and the annual fees for those licenses. As used in this section, "food fish" does not include salmon. The director may issue a limited-entry commercial fishery license only to a person who meets the qualifications established in applicable governing sections of this title.

Fishery                                          Annual Fee              Vessel         Limited

(Governing section(s))         Resident    Nonresident  Required?     Entry?

(a) Baitfish Lampara               $185            $295              Yes             No

(b) Baitfish purse seine           $530            $985              Yes             No

(c) Bottom fish jig                   $130            $185              Yes             No

(d) Bottom fish pot                 $130            $185              Yes             No

(e) Bottom fish troll                $130            $185              Yes             No

(f) Carp                                   $130            $185              No              No

(g) Columbia river smelt         $380            $685              No              No

(h) Dog fish set net                 $130            $185              Yes             No

(i) Emerging commercial        $185            $295     Determined Determined

         fishery (RCW 75.30.220                                    by rule        by rule

         and 75.28.740 (as recodified

         by this act))

(j) Food fish drag seine           $130            $185              Yes             No

(k) Food fish set line               $130            $185              Yes             No

(l) Food fish trawl-                  $240            $405              Yes             No

         Non-Puget Sound

(m) Food fish trawl-                $185            $295              Yes             No

         Puget Sound

(n) Herring dip bag net           $175            $275              Yes             Yes

         (RCW 75.30.140 (as

         recodified by this act))

(o) Herring drag seine             $175            $275              Yes             Yes

         (RCW 75.30.140 (as

         recodified by this act))

(p) Herring gill net                  $175            $275              Yes             Yes

         (RCW 75.30.140 (as

         recodified by this act))

(q) Herring Lampara               $175            $275              Yes             Yes

         (RCW 75.30.140 (as

         recodified by this act))

(r) Herring purse seine            $175            $275              Yes             Yes

         (RCW 75.30.140 (as

         recodified by this act))

(s) Herring spawn-on-kelp       N/A             N/A              Yes             Yes

         (RCW 75.30.270 (as

         recodified by this act))

(t) Smelt dip bag net               $130            $185              No              No

(u) Smelt gill net                     $380            $685              Yes             No

(v) Whiting-Puget Sound        $295            $520              Yes             Yes

         (RCW 75.30.170 (as

         recodified by this act))

             (2) The director may by rule determine the species of food fish that may be taken with the commercial fishery licenses established in this section, the gear that may be used with the licenses, and the areas or waters in which the licenses may be used. Where a fishery license has been established for a particular species, gear, geographical area, or combination thereof, a more general fishery license may not be used to take food fish in that fishery.


             Sec. 42. RCW 75.28.125 and 1998 c 190 s 97 are each amended to read as follows:

             (1) Except as provided in subsection (2) of this section, 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 (as recodified by this act), salmon delivery licenses issued under RCW 75.28.113 (as recodified by this act), crab pot fishery licenses issued under RCW 75.28.130 (as recodified by this act), food fish trawl--Non-Puget Sound fishery licenses issued under RCW 75.28.120 (as recodified by this act), Dungeness crab--coastal fishery licenses, ocean pink shrimp delivery licenses, and shrimp trawl--Non-Puget Sound fishery licenses issued under RCW 75.28.130 (as recodified by this act) 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. 43. RCW 75.28.130 and 1999 c 239 s 2 are each amended to read as follows:

             (1) This section establishes commercial fishery licenses required for shellfish fisheries and the annual fees for those licenses. The director may issue a limited-entry commercial fishery license only to a person who meets the qualifications established in applicable governing sections of this title.

Fishery                                          Annual Fee              Vessel         Limited

(Governing section(s))         Resident    Nonresident  Required?     Entry?

(a) Burrowing shrimp             $185            $295              Yes             No

(b) Crab ring net-                    $130            $185              Yes             No

         Non-Puget Sound

(c) Crab ring net-                    $130            $185              Yes             No

         Puget Sound

(d) Dungeness crab-                $295            $520              Yes             Yes

         coastal (RCW 75.30.350

         (as recodified by this act))

(e) Dungeness crab-                $295            $520              Yes             Yes

         coastal, class B

(RCW 75.30.350

         (as recodified by this act))

(f) Dungeness crab-                $130            $185              Yes             Yes

         Puget Sound

         (RCW 75.30.130

         (as recodified by this act))

(g) Emerging commercial       $185            $295     Determined Determined

         fishery (RCW 75.30.220                                    by rule        by rule

         and 75.28.740 (as

         recodified by this act))

(h) Geoduck (RCW                   $ 0              $ 0              Yes             Yes

         75.30.280 (as

         recodified by this act))

(i) Hardshell clam                   $530            $985              Yes             No

         mechanical harvester

         (RCW 75.28.280

         (as recodified by this act))

(j) Oyster reserve                    $130            $185              No              No

         (RCW 75.28.290

         (as recodified by this act))

(k) Razor clam                        $130            $185              No              No

(l) Sea cucumber dive             $130            $185              Yes             Yes

         (RCW 75.30.250

         (as recodified by this act))

(m) Sea urchin dive                 $130            $185              Yes             Yes

         (RCW 75.30.210

         (as recodified by this act))

(n) Shellfish dive                    $130            $185              Yes             No

(o) Shellfish pot                      $130            $185              Yes             No

(p) Shrimp pot-                       $185            $295              Yes             Yes

         Puget Sound

         (RCW 75.30.490

         (as recodified by this act))

(q) Shrimp trawl-                    $240            $405              Yes             No

         Non-Puget Sound

(r) Shrimp trawl-                     $185            $295              Yes                                                                                                        Yes

         Puget Sound

         (RCW 75.30.500

         (as recodified by this act))

(s) Squid                                  $185            $295              Yes             No

             (2) The director may by rule determine the species of shellfish that may be taken with the commercial fishery licenses established in this section, the gear that may be used with the licenses, and the areas or waters in which the licenses may be used. Where a fishery license has been established for a particular species, gear, geographical area, or combination thereof, a more general fishery license may not be used to take shellfish in that fishery.


             Sec. 44. RCW 75.28.132 and 1994 c 260 s 15 are each amended to read as follows:

             A surcharge of fifty dollars shall be collected with each Dungeness crab-coastal fishery license issued under RCW 75.28.130 (as recodified by this act) until June 30, 2000, and with each Dungeness crab-coastal class B fishery license issued under RCW 75.28.130 (as recodified by this act) until December 31, 1997. Moneys collected under this section shall be placed in the Dungeness crab appeals account hereby created in the state treasury. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures. Expenditures from the account shall only be used for processing appeals related to the issuance of Dungeness crab-coastal fishery licenses.


             Sec. 45. RCW 75.28.133 and 1997 c 418 s 5 are each amended to read as follows:

             A surcharge of one hundred twenty dollars shall be collected with each Dungeness crab-coastal fishery license and with each Dungeness crab-coastal class B fishery license issued under RCW 75.28.130 (as recodified by this act). Moneys collected under this section shall be placed in the coastal crab account created under RCW 75.30.390 (as recodified by this act).


             Sec. 46. RCW 75.28.280 and 1993 c 340 s 19 are each amended to read as follows:

             A hardshell clam mechanical harvester fishery license is required to operate a mechanical or hydraulic device for commercially harvesting clams, other than geoduck clams, unless the requirements of RCW 75.20.100 (as recodified by this act) are fulfilled for the proposed activity.


             Sec. 47. RCW 75.28.290 and 1993 c 340 s 20 are each amended to read as follows:

             A person who commercially takes shellfish from state oyster reserves under RCW 75.24.070 (as recodified by this act) must have an oyster reserve fishery license.


             Sec. 48. RCW 75.28.300 and 1993 sp.s. c 17 s 43 are each amended to read as follows:

             A wholesale fish dealer's license is required for:

             (1) A business in the state to engage in the commercial processing of food fish or shellfish, including custom canning or processing of personal use food fish or shellfish.

             (2) A business in the state to engage in the wholesale selling, buying, or brokering of food fish or shellfish. A wholesale fish dealer's license is not required of those businesses which buy exclusively from Washington licensed wholesale dealers and sell solely at retail.

             (3) Fishermen who land and sell their catch or harvest in the state to anyone other than a licensed wholesale dealer within or outside the state.

             (4) A business to engage in the commercial manufacture or preparation of fertilizer, oil, meal, caviar, fish bait, or other byproducts from food fish or shellfish.

             (5) A business employing a fish buyer as defined under RCW 75.28.340 (as recodified by this act).

             The annual license fee for a wholesale dealer is two hundred fifty dollars. A wholesale fish dealer's license is not required for persons engaged in the processing, wholesale selling, buying, or brokering of private sector cultured aquatic products as defined in RCW 15.85.020. However, if a means of identifying such products is required by rules adopted under RCW 15.85.060, the exemption from licensing requirements established by this subsection applies only if the aquatic products are identified in conformance with those rules.


             Sec. 49. RCW 75.28.323 and 1996 c 267 s 30 are each amended to read as follows:

             (1) A wholesale fish dealer shall not take possession of food fish or shellfish until the dealer has deposited with the department an acceptable performance bond on forms prescribed and furnished by the department. This performance bond shall be a corporate surety bond executed in favor of the department by a corporation authorized to do business in the state of Washington under chapter 48.28 RCW and approved by the department. The bond shall be filed and maintained in an amount equal to one thousand dollars for each buyer engaged by the wholesale dealer. In no case shall the bond be less than two thousand dollars nor more than fifty thousand dollars.

             (2) A wholesale dealer shall, within seven days of engaging additional fish buyers, notify the department and increase the amount of the bonding required in subsection (1) of this section.

             (3) The director may suspend and refuse to reissue a wholesale fish dealer's license of a dealer who has taken possession of food fish or shellfish without an acceptable performance bond on deposit with the department.

             (4) The bond shall be conditioned upon the compliance with the requirements of this chapter and rules of the department relating to the payment of fines for violations of rules for the accounting of the commercial harvest of food fish or shellfish. In lieu of the surety bond required by this section the wholesale fish dealer may file with the department a cash deposit, negotiable securities acceptable to the department, or an assignment of a savings account or of a savings certificate in a Washington bank on an assignment form prescribed by the department.

             (5) Liability under the bond shall be maintained as long as the wholesale fish dealer engages in activities under RCW 75.28.300 (as recodified by this act) unless released. Liability under the bond may be released only upon written notification from the department. Notification shall be given upon acceptance by the department of a substitute bond or forty-five days after the expiration of the wholesale fish dealer's annual license. In no event shall the liability of the surety exceed the amount of the surety bond required under this chapter.


             Sec. 50. RCW 75.28.340 and 1993 sp.s. c 17 s 46 are each amended to read as follows:

             (1) A fish buyer's license is required of and shall be carried by each individual engaged by a wholesale fish dealer to purchase food fish or shellfish from a licensed commercial fisherman. A fish buyer may represent only one wholesale fish dealer.

             (2) ((Unless adjusted by the director pursuant to the director's authority granted in RCW 75.28.065,)) The annual fee for a fish buyer's license is ninety-five dollars.


             Sec. 51. RCW 75.28.730 and 1993 c 376 s 4 are each amended to read as follows:

             An ocean pink shrimp delivery license is required to deliver ocean pink shrimp taken in offshore waters and delivered to a port in the state. ((Unless adjusted by the director pursuant to the director's authority granted in RCW 75.28.065,)) The annual license fee is one hundred fifty dollars for residents and three hundred dollars for nonresidents. Ocean pink shrimp delivery licenses are transferable.


             Sec. 52. RCW 75.28.740 and 1998 c 190 s 99 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 (as recodified by this act) may be designated as an emerging commercial fishery.

             (3) 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 (as recodified by this act).

             (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 (as recodified by this act). A person who meets the qualifications of RCW 75.28.020 (as recodified by this act) 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. 53. RCW 75.28.760 and 1993 sp.s. c 4 s 2 are each amended to read as follows:

             By July 1, 1994, the ((departments of fisheries and wildlife)) commission jointly with the appropriate Indian tribes, shall each establish a wild salmonid policy. The policy shall ensure that department actions and programs are consistent with the goals of rebuilding wild stock populations to levels that permit commercial and recreational fishing opportunities.


             Sec. 54. RCW 75.28.770 and 1998 c 245 s 153 are each amended to read as follows:

             The ((department)) director shall evaluate and recommend, in consultation with the Indian tribes, salmon fishery management strategies and gear types, as well as a schedule for implementation, that will minimize the impact of commercial and recreational fishing in the mixed stock fishery on critical and depressed wild stocks of salmonids. As part of this evaluation, the ((department)) director, in conjunction with the commercial and recreational fishing industries, shall evaluate commercial and recreational salmon fishing gear types developed by these industries.


             Sec. 55. RCW 75.28.780 and 1993 sp.s. c 17 s 42 are each amended to read as follows:

             The director shall issue the personal licenses listed in this section according to the requirements of this title. The licenses and their annual fees are:

Personal License                            Annual Fee                      Governing

                                       (RCW 75.50.100 (as recodified

                                               by this act) Surcharge)             Section

                                             Resident      Nonresident

(1) Alternate Operator             $ 35                $ 35          RCW 75.28.048

(as recodified by this act)

(2) Geoduck Diver                  $185               $295          RCW 75.28.750

(as recodified by this act)

(3) Salmon Guide                   $130               $630          RCW 75.28.710

(as recodified by this act)

                                            (plus $20)      (plus $100)


             Sec. 56. RCW 75.30.021 and 1995 c 227 s 2 are each amended to read as follows:

             (1) The ((department)) director shall waive license requirements, including landing or poundage requirements, if, during the calendar year that a license issued pursuant to chapter 75.28 RCW (as recodified by this act) is valid, no harvest opportunity occurs in the fishery corresponding to the license.

             (2) For each license limitation program, where the person failed to hold the license and failed to make landing or poundage requirements because of a license waiver by the ((department)) director during the previous year, the person shall qualify for a license by establishing that the person held the license during the last year in which the license was not waived.


             Sec. 57. RCW 75.30.050 and 1999 c 151 s 1601 are each amended to read as follows:

             (1) The director shall appoint three-member advisory review boards to hear cases as provided in RCW 75.30.060 (as recodified by this act). Members shall be from:

             (a) The commercial sea urchin and sea cucumber fishery in cases involving sea urchin and sea cucumber dive fishery licenses; (([and])) and

             (b) The commercial coastal crab fishery in cases involving Dungeness crab-coastal fishery licenses and Dungeness crab-coastal class B fishery licenses. The members shall include one person from the commercial crab processors, one Dungeness crab-coastal fishery license holder, and one citizen representative of a coastal community.

             (2) Members shall serve at the discretion of the director and shall be reimbursed for travel expenses as provided in RCW 43.03.050, 43.03.060, and 43.03.065.


             Sec. 58. RCW 75.30.060 and 1995 1st sp.s. c 2 s 32 are each amended to read as follows:

             A person aggrieved by a decision of the department under this chapter may request administrative review under the informal procedure established by this section.

             In an informal hearing before a review board, the rules of evidence do not apply. A record of the proceeding shall be kept as provided by chapter 34.05 RCW. After hearing the case the review board shall notify in writing the ((commission)) director and the initiating party whether the review board agrees or disagrees with the department's decision and the reasons for the review board's findings. Upon receipt of the review board's findings the ((commission)) director may order such relief as the ((commission)) director deems appropriate under the circumstances.

             Nothing in this section: (1) Impairs an aggrieved person's right to proceed under chapter 34.05 RCW; or (2) imposes a liability on members of a review board for their actions under this section.


             Sec. 59. RCW 75.30.065 and 1993 c 340 s 28 are each amended to read as follows:

             (1) After May 28, 1977, the director shall issue no new salmon charter licenses. A person may renew an existing salmon charter 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.

             (2) Salmon charter licenses may be renewed each year. A salmon charter license which is not renewed each year shall not be renewed further.

             (3) Subject to the restrictions in ((section 11 of this act)) RCW 75.28.011 (as recodified by this act), salmon charter licenses are transferrable from one license holder to another.


             Sec. 60. RCW 75.30.070 and 1998 c 190 s 100 are each amended to read as follows:

             (1) Except as provided in subsection (3) of this section, 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 (as recodified by this act) 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. 61. RCW 75.30.090 and 1993 c 340 s 30 are each amended to read as follows:

             A salmon charter boat may not carry more anglers than the number specified in the angler permit issued under RCW 75.30.070 (as recodified by this act). Members of the crew may fish from the boat only to the extent that the number of anglers specified in the angler permit exceeds the number of noncrew passengers on the boat at that time.


             Sec. 62. RCW 75.30.100 and 1993 c 340 s 31 are each amended to read as follows:

             (1) The total number of anglers authorized by the ((department)) director shall not exceed the total number authorized for 1980.

             (2) Angler permits issued under RCW 75.30.070 (as recodified by this act) are transferable. All or a portion of the permit may be transferred to another salmon charter license holder.

             (3) The angler permit holder and proposed transferee shall notify the department when transferring an angler permit, and the ((department)) director shall issue a new angler permit certificate. If the original permit holder retains a portion of the permit, the ((department)) director shall issue a new angler permit certificate reflecting the decrease in angler capacity.

             (4) The department shall collect a fee of ten dollars for each certificate issued under subsection (3) of this section.


             Sec. 63. RCW 75.30.120 and 1995 c 135 s 7 are each amended to read as follows:

             (1) Except as provided in subsection (2) of this section, after May 6, 1974, the director shall issue no new commercial salmon fishery licenses or salmon delivery licenses. 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.

             (2) 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.

             (3) Subject to the restrictions in RCW 75.28.011 (as recodified by this act), commercial salmon fishery licenses and salmon delivery licenses are transferable from one license holder to another.


             Sec. 64. RCW 75.30.125 and 1993 c 340 s 33 are each amended to read as follows:

             Any commercial salmon fishery license issued under RCW 75.28.110 (as recodified by this act) or salmon delivery license issued under RCW 75.28.113 (as recodified by this act) shall revert to the department when any government confiscates and sells the vessel designated on the license. Upon application of the person named on the license as license holder and the approval of the director, the department shall transfer the license to the applicant. Application for transfer of the license must be made within the calendar year for which the license was issued.


             Sec. 65. RCW 75.30.130 and 1999 c 151 s 1602 are each amended to read as follows:

             (1) 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) (as recodified by this act). 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.


             Sec. 66. RCW 75.30.140 and 1998 c 190 s 102 are each amended to read as follows:

             (1) 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 (as recodified by this act): 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 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.

             (3) Herring fishery licenses may be renewed each year. A herring fishery license that is not renewed each year shall not be renewed further.

             (4) The ((department)) director may issue additional herring fishery licenses if the stocks of herring will not be jeopardized by granting additional licenses.

             (5) Subject to the restrictions of RCW 75.28.011 (as recodified by this act), herring fishery licenses are transferable from one license holder to another.


             Sec. 67. RCW 75.30.170 and 1993 c 340 s 39 are each amended to read as follows:

             (1) A person shall not commercially take whiting from areas that the department designates within the waters described in RCW 75.28.110(5)(a) (as recodified by this act) without a whiting-Puget Sound fishery license.

             (2) A whiting-Puget Sound fishery license may be issued only to an individual who:

             (a) Delivered at least fifty thousand pounds of whiting during the period from January 1, 1981, through February 22, 1985, as verified by fish delivery tickets;

             (b) Possessed, on January 1, 1986, all equipment necessary to fish for whiting; and

             (c) Held a whiting-Puget Sound fishery license during the previous year or acquired such a license by transfer from someone who held it during the previous year.

             (((2))) (3) After January 1, 1995, the director shall issue no new whiting-Puget Sound fishery licenses. After January 1, 1995, only an individual who meets the following qualifications may renew an existing license: The individual shall have 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 shall not have subsequently transferred the license to another person.

             (((3))) (4) Whiting-Puget Sound fishery licenses may be renewed each year. A whiting-Puget Sound fishery license that is not renewed each year shall not be renewed further.


             Sec. 68. RCW 75.30.180 and 1993 c 340 s 40 are each amended to read as follows:

             A whiting-Puget Sound fishery license may be transferred through gift, devise, bequest, or descent to members of the license holder's immediate family which shall be limited to spouse, children, or stepchildren. The holder of a whiting-Puget Sound fishery license shall be present on any vessel taking whiting under the license. In no instance may temporary permits be issued.

             The director may adopt rules necessary to implement RCW ((75.30.160 through)) 75.30.170 and 75.30.180 (as recodified by this act).


             Sec. 69. RCW 75.30.220 and 1993 c 340 s 42 are each amended to read as follows:

             (1) The director may issue experimental fishery permits for commercial harvest in an emerging commercial fishery for which the director has determined there is a need to limit the number of participants. The director shall determine by rule the number and qualifications of participants for such experimental fishery permits. Only a person who holds an emerging commercial fishery license issued under RCW 75.28.740 (as recodified by this act) and who meets the qualifications established in those rules may hold an experimental fishery permit. The director shall limit the number of these permits to prevent habitat damage, ensure conservation of the resource, and prevent overharvesting. In developing rules for limiting participation in an emerging or expanding commercial fishery, the director shall appoint a five-person advisory board representative of the affected fishery industry. The advisory board shall review and make recommendations to the director on rules relating to the number and qualifications of the participants for such experimental fishery permits.

             (2) RCW 34.05.422(3) does not apply to applications for new experimental fishery permits.

             (3) Experimental fishery permits are not transferable from the permit holder to any other person.


             Sec. 70. RCW 75.30.270 and 1993 c 340 s 37 are each amended to read as follows:

             (1) A herring spawn on kelp fishery license is required to commercially take herring eggs which have been deposited on vegetation of any type.

             (2) A herring spawn on kelp fishery license may be issued only to a person who:

             (a) Holds a herring fishery license issued under RCW 75.28.120 and 75.30.140 (as recodified by this act); and

             (b) Is the highest bidder in an auction conducted under subsection (3) of this section.

             (3) The department shall sell herring spawn on kelp commercial fishery licenses at auction to the highest bidder. Bidders shall identify their sources of kelp. Kelp harvested from state-owned aquatic lands as defined in RCW 79.90.465 requires the written consent of the department of natural resources. The department shall give all holders of herring fishery licenses thirty days' notice of the auction.


             Sec. 71. RCW 75.30.280 and 1998 c 190 s 106 are each amended to read as follows:

             (1) 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 (as recodified by this act). 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)) director 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)) director 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)) director 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. 72. RCW 75.30.290 and 1998 c 190 s 107 are each amended to read as follows:

             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 (as recodified by this act), or an ocean pink shrimp single delivery license issued under RCW 75.30.320 (as recodified by this act). 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)) (as recodified by this act);

             (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. 73. RCW 75.30.300 and 1993 c 376 s 6 are each amended to read as follows:

             An applicant who can show historical participation under RCW 75.30.290(1) (as recodified by this act) but does not satisfy the continuous participation requirement of RCW 75.30.290(2) (as recodified by this act) shall be issued an ocean pink shrimp delivery license if:

             (1) The owner can prove that the owner was in the process on December 31, 1992, of constructing a vessel for the purpose of ocean pink shrimp harvest. For purposes of this section, "construction" means having the keel laid, and "for the purpose of ocean pink shrimp harvest" means the vessel is designed as a trawl vessel. An ocean pink shrimp delivery license issued to a vessel under construction is not renewable after December 31, 1994, unless the vessel lands a total of at least five thousand pounds of ocean pink shrimp into a Washington state port before December 31, 1994; or

             (2) The applicant's vessel is a replacement for a vessel that is otherwise eligible for an ocean pink shrimp delivery license.


             Sec. 74. RCW 75.30.320 and 1993 c 376 s 8 are each amended to read as follows:

             The owner of an ocean pink shrimp fishing vessel that does not qualify for an ocean pink shrimp delivery license issued under RCW 75.28.730 (as recodified by this act) shall obtain an ocean pink shrimp single delivery license in order to make a landing into a state port of ocean pink shrimp taken in offshore waters. The director shall not issue an ocean pink shrimp single delivery license unless, as determined by the director, a bona fide emergency exists. A maximum of six ocean pink shrimp single delivery licenses may be issued annually to any vessel. ((Unless adjusted by the director pursuant to the director's authority granted in RCW 75.28.065,)) The fee for an ocean pink shrimp single delivery license is one hundred dollars.


             Sec. 75. RCW 75.30.330 and 1993 c 376 s 10 are each amended to read as follows:

             The director may reduce the landing requirements established under RCW 75.30.290 (as recodified by this act) upon the recommendation of an advisory review board established under RCW 75.30.050 (as recodified by this act), but the director may not entirely waive the landing requirement. The advisory review board may recommend a reduction of the landing requirement in individual cases if in the advisory review board's judgment, extenuating circumstances prevented achievement of the landing requirement. The director shall adopt rules governing the operation of the advisory review board and defining "extenuating circumstances."


             Sec. 76. RCW 75.30.350 and 1998 c 190 s 108 are each amended to read as follows:

             (1) 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) (as recodified by this act);

             (ii) Nonsalmon delivery license, issued under RCW 75.28.125 (as recodified by this act);

             (iii) Salmon troll license, issued under RCW 75.28.110 (as recodified by this act);

             (iv) Salmon delivery license, issued under RCW 75.28.113 (as recodified by this act);

             (v) Food fish trawl license, issued under RCW 75.28.120 (as recodified by this act); or

             (vi) Shrimp trawl license, issued under RCW 75.28.130 (as recodified by this act); 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 (as recodified by this act). 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 (as recodified by this act), "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. 77. RCW 75.30.370 and 1994 c 260 s 4 are each amended to read as follows:

             A person commercially fishing for Dungeness crab in offshore waters outside of Washington state jurisdiction shall obtain a Dungeness crab offshore delivery license from the director if the person does not possess a valid Dungeness crab-coastal fishery license or a valid Dungeness crab-coastal class B fishery license and the person wishes to land Dungeness crab into a place or a port in the state. The annual fee for a Dungeness crab offshore delivery license is two hundred fifty dollars. The director may specify restrictions on landings of offshore Dungeness crab in Washington state as authorized in RCW 75.30.360 (as recodified by this act).

             Fees from the offshore Dungeness crab delivery license shall be placed in the ((costal [coastal])) coastal crab account created in RCW 75.30.390 (as recodified by this act).


             Sec. 78. RCW 75.30.380 and 1997 c 418 s 3 are each amended to read as follows:

             Dungeness crab-coastal fishery licenses are freely transferable on a willing seller-willing buyer basis after paying the transfer fee in RCW 75.28.011 (as recodified by this act).


             Sec. 79. RCW 75.30.390 and 1997 c 418 s 4 are each amended to read as follows:

             The coastal crab account is created in the custody of the state treasurer. The account shall consist of revenues from fees from the transfer of each Dungeness crab-coastal fishery license assessed under RCW 75.28.011 (as recodified by this act), delivery fees assessed under RCW 75.30.370 (as recodified by this act), and the license surcharge under RCW 75.28.133 (as recodified by this act). Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW but no appropriation is required for expenditures. Funds may be used for coastal crab management activities as provided in RCW 75.30.410 (as recodified by this act).


             Sec. 80. RCW 75.30.420 and 1994 c 260 s 9 are each amended to read as follows:

             (1) An Oregon resident who can show historical and continuous participation in the Washington state coastal crab fishery by having held a nonresident non-Puget Sound crab pot license issued under RCW 75.28.130 (as recodified by this act) each year from 1990 through 1994, and who has delivered a minimum of eight landings totaling five thousand pounds of crab into Oregon during any two of the four qualifying seasons as provided in RCW 75.30.350(((4))) (5) (as recodified by this act) as evidenced by valid Oregon fish receiving tickets, shall be issued a nonresident Dungeness crab-coastal fishery license valid for fishing in Washington state waters north from the Oregon-Washington boundary to United States latitude forty-six degrees thirty minutes north. Such license shall be issued upon application and submission of proof of delivery.

             (2) This section shall become effective contingent upon reciprocal statutory authority in the state of Oregon providing for equal access for Washington state coastal crab fishers to Oregon territorial coastal waters north of United States latitude forty-five degrees fifty-eight minutes north, and Oregon waters of the Columbia river.


             Sec. 81. RCW 75.30.440 and 1994 c 260 s 13 are each amended to read as follows:

             Except as provided under RCW 75.30.460 (as recodified by this act), the director shall issue no new Dungeness crab-coastal fishery licenses after December 31, 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. 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.


             Sec. 82. RCW 75.30.460 and 1994 c 260 s 17 are each amended to read as follows:

             If fewer than one hundred seventy-five persons are eligible for Dungeness crab-coastal fishery licenses, the director may accept applications for new licenses. Additional licenses issued may maintain a maximum of one hundred seventy-five licenses in the Washington coastal crab fishery. If additional licenses are to be issued, the director shall adopt rules governing the notification, application, selection, and issuance procedures for new Dungeness crab-coastal fishery licenses, based on recommendations of the advisory review board established under RCW 75.30.050 (as recodified by this act).


             Sec. 83. RCW 75.30.470 and 1994 c 260 s 19 are each amended to read as follows:

             The director may reduce the landing requirements established under RCW 75.30.350 (as recodified by this act) upon the recommendation of an advisory review board established under RCW 75.30.050 (as recodified by this act), but the director may not entirely waive the landing requirement. The advisory review board may recommend a reduction of the landing requirement in individual cases if in the advisory review board's judgment, extenuating circumstances prevented achievement of the landing requirement. The director shall adopt rules governing the operation of the advisory review board and defining "extenuating circumstances." Extenuating circumstances may include situations in which a person had a vessel under construction such that qualifying landings could not be made. In defining extenuating circumstances, special consideration shall be given to individuals who can provide evidence of lack of access to capital based on past discrimination due to race, creed, color, sex, national origin, or disability.


             Sec. 84. RCW 75.30.490 and 1999 c 239 s 3 are each amended to read as follows:

             (1) The Puget Sound shrimp emerging fishery management regime is converted from an emerging fishery status to a limited entry fishery status effective January 1, 2000.

             (2) Effective January 1, 2000, a person shall not fish for shrimp taken from Puget Sound for commercial purposes with shrimp pot gear except under the provisions of a shrimp pot-Puget Sound fishery license issued under RCW 75.28.130 (as recodified by this act).

             (3) Effective January 1, 2000, a shrimp pot-Puget Sound fishery license shall only be issued to a natural person who held an emerging commercial fishery license and Puget Sound shrimp pot experimental fishery permit during 1999. Beginning January 1, 2001, a shrimp pot-Puget Sound fishery license shall only be issued to a natural person who held a shrimp pot-Puget Sound fishery license during the previous year.

             (4) Shrimp pot-Puget Sound fishery licenses are nontransferable.

             (5) The department, by rule, may set licensee participation requirements for Puget Sound shellfish pot shrimp harvest.


             Sec. 85. RCW 75.30.500 and 1999 c 239 s 4 are each amended to read as follows:

             (1) The Puget Sound shrimp emerging fishery management regime is converted from an emerging fishery status to a limited entry fishery status effective January 1, 2000.

             (2) Effective January 1, 2000, a person shall not fish for shrimp taken from Puget Sound for commercial purposes with shrimp trawl gear except under the provisions of a shrimp trawl-Puget Sound fishery license issued under RCW 75.28.130 (as recodified by this act).

             (3) Effective January 1, 2000, a shrimp trawl-Puget Sound fishery license shall only be issued to a natural person who held an emerging commercial fishery license and Puget Sound shrimp trawl experimental fishery permit during 1999. Beginning January 1, 2001, a shrimp trawl-Puget Sound fishery license shall only be issued to a natural person who held a shrimp trawl-Puget Sound fishery license during the previous licensing year.

             (4) The department, by rule, may set licensee participation requirements for Puget Sound shellfish trawl shrimp harvest.

             (5) Shrimp trawl-Puget Sound fishery licenses are nontransferable.


             Sec. 86. RCW 75.40.020 and 1995 1st sp.s. c 2 s 19 are each amended to read as follows:

             The commission may give to the state of Oregon such consent and approbation of the state of Washington as is necessary under the compact set out in RCW 75.40.010 (as recodified by this act). For the purposes of RCW 75.40.010 (as recodified by this act), the states of Washington and Oregon have concurrent jurisdiction in the concurrent waters of the Columbia river ((as defined in RCW 75.08.011)).


             Sec. 87. RCW 75.40.110 and 1994 c 148 s 2 are each amended to read as follows:

             Until such time as the agencies in California, Idaho, Oregon, and Washington present a final proposed interstate compact for enactment by their respective legislative bodies, the governor may establish cooperative agreements with the states of California, Idaho, and Oregon that allow the states to coordinate their individual efforts in developing state programs that further the region-wide goals set forth under RCW 75.40.100 (as recodified by this act).


             Sec. 88. RCW 75.44.100 and 1985 c 7 s 150 are each amended to read as follows:

             As used in this chapter:

             (1) "Case areas" means those areas of the Western district of Washington and in the adjacent offshore waters which are within the jurisdiction of the state of Washington, as defined in United States of America et al. v. State of Washington et al., Civil No. 9213, United States District Court for Western District of Washington, February 12, 1974, and in Sohappy v. Smith, 302 F. Supp. 899 (D. Oregon, 1969), as amended, affirmed, and remanded 529 F. 2d 570 (9th Cir., 1976), or an area in which fishing rights are affected by court decision in a manner consistent with the above-mentioned decisions;

             (2) "Program" means the program established under RCW 75.44.100 through 75.44.150 (as recodified by this act).


             Sec. 89. RCW 75.44.120 and 1983 1st ex.s. c 46 s 157 are each amended to read as follows:

             The purchase price of a vessel and appurtenant gear shall be based on a survey conducted by a qualified marine surveyor. A license or delivery permit shall be valued separately.

             The director may specify a maximum price to be paid for a vessel, gear, license, or delivery permit purchased under RCW 75.44.110 (as recodified by this act). A license or delivery permit purchased under RCW 75.44.110 (as recodified by this act) shall be permanently retired by the department.


             Sec. 90. RCW 75.44.130 and 1983 1st ex.s. c 46 s 158 are each amended to read as follows:

             The department may arrange for the insurance, storage, and resale or other disposition of vessels and gear purchased under RCW 75.44.110 (as recodified by this act). Vessels shall not be resold by the department to the seller or the seller's immediate family. The vessels shall not be used by any owner or operator: (1) As a commercial fishing or charter vessel in state waters; or (2) to deliver fish to a place or port in the state. The department shall require that the purchasers and other users of vessels sold by the department execute suitable instruments to insure compliance with the requirements of this section. The director may commence suit or be sued on such an instrument in a state court of record or United States district court having jurisdiction.


             Sec. 91. RCW 75.44.150 and 1983 1st ex.s. c 46 s 160 are each amended to read as follows:

             The director is responsible for the administration and disbursement of all funds, goods, commodities, and services received by the state under the program.

             There is created within the state treasury a fund to be known as the "vessel, gear, license, and permit reduction fund". This fund shall be used for purchases under RCW 75.44.110 (as recodified by this act) and for the administration of the program. This fund shall be credited with federal or other funds received to carry out the purposes of the program and the proceeds from the sale or other disposition of property purchased under RCW 75.44.110 (as recodified by this act).


             Sec. 92. RCW 75.46.010 and 1998 c 246 s 2 are each amended to read as follows:

             The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

             (1) "Adaptive management" means reliance on scientific methods to test the results of actions taken so that the management and related policy can be changed promptly and appropriately.

             (2) "Critical pathways methodology" means a project scheduling and management process for examining interactions between habitat projects and salmonid species, prioritizing habitat projects, and assuring positive benefits from habitat projects.

             (3) "Habitat project list" is the list of projects resulting from the critical pathways methodology under RCW 75.46.070(2) (as recodified by this act). Each project on the list must have a written agreement from the landowner on whose land the project will be implemented. Projects include habitat restoration projects, habitat protection projects, habitat projects that improve water quality, habitat projects that protect water quality, habitat-related mitigation projects, and habitat project maintenance and monitoring activities.

             (4) "Habitat work schedule" means those projects from the habitat project list that will be implemented during the current funding cycle. The schedule shall also include a list of the entities and individuals implementing projects, the start date, duration, estimated date of completion, estimated cost, and funding sources for the projects.

             (5) "Limiting factors" means conditions that limit the ability of habitat to fully sustain populations of salmon. These factors are primarily fish passage barriers and degraded estuarine areas, riparian corridors, stream channels, and wetlands.

             (6) "Project sponsor" is a county, city, special district, tribal government, a combination of such governments through interlocal agreements provided under chapter 39.34 RCW, a nonprofit organization, or one or more private citizens.

             (7) "Salmon" includes all species of the family Salmonidae which are capable of self-sustaining, natural production.

             (8) "Salmon recovery plan" means a state plan developed in response to a proposed or actual listing under the federal endangered species act that addresses limiting factors including, but not limited to harvest, hatchery, hydropower, habitat, and other factors of decline.

             (9) "Tribe" or "tribes" means federally recognized Indian tribes.

             (10) "WRIA" means a water resource inventory area established in chapter 173-500 WAC as it existed on January 1, 1997.

             (11) "Owner" means the person holding title to the land or the person under contract with the owner to lease or manage the legal owner's property.


             Sec. 93. RCW 75.46.040 and 1999 1st sp.s. c 13 s 8 are each amended to read as follows:

             (1) The salmon recovery office is created within the office of the governor to coordinate state strategy to allow for salmon recovery to healthy sustainable population levels with productive commercial and recreational fisheries. The primary purpose of the office is to coordinate and assist in the development of salmon recovery plans for evolutionarily significant units, and submit those plans to the appropriate tribal governments and federal agencies as an integral part of a state-wide strategy developed consistent with the guiding principles and procedures under RCW 75.46.190 (as recodified by this act). The governor's salmon recovery office may also:

             (a) Act as liaison to local governments, the state congressional delegation, the United States congress, federally recognized tribes, and the federal executive branch agencies for issues related to the state's endangered species act salmon recovery plans; and

             (b) Provide the biennial state of the salmon report to the legislature pursuant to RCW 75.46.030 (as recodified by this act).

             (2) This section expires June 30, 2006.


             Sec. 94. RCW 75.46.050 and 1999 1st sp.s. c 13 s 10 are each amended to read as follows:

             (1) The governor shall request the national academy of sciences, the American fisheries society, or a comparable institution to screen candidates to serve as members on the independent science panel. The institution that conducts the screening of the candidates shall submit a list of the nine most qualified candidates to the governor, the speaker of the house of representatives, and the majority leader of the senate. The candidates shall reflect expertise in habitat requirements of salmon, protection and restoration of salmon populations, artificial propagation of salmon, hydrology, or geomorphology.

             (2) The speaker of the house of representatives and the majority leader in the senate may each remove one name from the nomination list. The governor shall consult with tribal representatives and the governor shall appoint five scientists from the remaining names on the nomination list.

             (3) The members of the independent science panel shall serve four-year terms. Vacant positions on the panel shall be filled in the same manner as the original appointments. Members shall serve no more than two full terms. The independent science panel members shall elect the chair of the panel among themselves every two years. Based upon available funding, the governor's salmon recovery office may contract for services with members of the independent science panel for compensation under chapter 39.29 RCW.

             (4) The independent science panel shall be governed by generally accepted guidelines and practices governing the activities of independent science boards such as the national academy of sciences. The purpose of the independent science panel is to help ensure that sound science is used in salmon recovery efforts. The governor's salmon recovery office shall request review of salmon recovery plans by the science review panel. The science panel does not have the authority to review individual projects or habitat project lists developed under RCW 75.46.060, 75.46.070, and 75.46.080 (as recodified by this act) or to make policy decisions. The panel shall periodically submit its findings and recommendations under this subsection to the legislature and the governor.

             (5) The independent science panel, in conjunction with the technical review team, shall recommend standardized monitoring indicators and data quality guidelines for use by entities involved in habitat projects and salmon recovery activities across the state.

             (6) The independent science panel, in conjunction with the technical review team, shall also recommend criteria for the systematic and periodic evaluation of monitoring data in order for the state to be able to answer critical questions about the effectiveness of the state's salmon recovery efforts.

             (7) The recommendations on monitoring as required in this section shall be provided in a report to the governor and to the legislature by the independent science panel, in conjunction with the salmon recovery office, no later than December 31, 2000. The report shall also include recommendations on the level of effort needed to sustain monitoring of salmon projects and other recovery efforts, and any other recommendations on monitoring deemed important by the independent science panel and the technical review team. The report may be included in the biennial state of the salmon report required under RCW 75.46.030 (as recodified by this act).


             Sec. 95. RCW 75.46.070 and 1999 1st sp.s. c 13 s 12 are each amended to read as follows:

             (1) Critical pathways methodology shall be used to develop a habitat project list and a habitat work schedule that ensures salmon habitat projects will be prioritized and implemented in a logical sequential manner that produces habitat capable of sustaining healthy populations of salmon.

             (2) The critical pathways methodology shall:

             (a) Include a limiting factors analysis for salmon in streams, rivers, tributaries, estuaries, and subbasins in the region. The technical advisory group shall have responsibility for the limiting factors analysis;

             (b) Identify local habitat projects that sponsors are willing to undertake. The projects identified must have a written agreement from the landowner on which the project is to be implemented. Project sponsors shall have the lead responsibility for this task;

             (c) Identify how projects will be monitored and evaluated. The project sponsor, in consultation with the technical advisory group and the appropriate landowner, shall have responsibility for this task;

             (d) Include a review of monitoring data, evaluate project performance, and make recommendations to the committee established under RCW 75.46.060 (as recodified by this act) and to the technical review team. The technical advisory group has responsibility for this task; and

             (e) Describe the adaptive management strategy that will be used. The committee established under RCW 75.46.060 (as recodified by this act) shall have responsibility for this task. If a committee has not been formed, the technical advisory group shall have the responsibility for this task.

             (3) The habitat work schedule shall include all projects developed pursuant to subsection (2) of this section, and shall identify and coordinate with any other salmon habitat project implemented in the region, including habitat preservation projects funded through the Washington wildlife and recreation program, the conservation reserve enhancement program, and other conservancy programs. The habitat work schedule shall also include the start date, duration, estimated date of completion, estimated cost, and, if appropriate, the affected salmonid species of each project. Each schedule shall be updated on an annual basis to depict new activities.


             Sec. 96. RCW 75.46.080 and 1999 1st sp.s. c 13 s 15 are each amended to read as follows:

             (1) Representatives from the conservation commission, the department of transportation, the department of natural resources, the department of ecology, and the department of fish and wildlife shall establish an interagency review team. Habitat restoration project lists shall be submitted to the interagency review team by January 1st and July 1st of each year. The purpose of the team is to assist the salmon recovery funding board in developing procedures and standards for state-wide funding allocation, and to assist the board in reviewing funding applications to identify the highest priority projects and activities for funding.

             (2) If a lead entity established under RCW 75.46.060 (as recodified by this act) has been formed, the interagency review team shall evaluate habitat project lists developed pursuant to RCW 75.46.060 (as recodified by this act) and submitted to the board for consideration for funding. The team shall advise the board on whether the list for the area complies with the list development procedures and critical path methodology provided by RCW 75.46.060 and 75.46.070 (as recodified by this act). When the board determines the list to comply with those requirements it shall accord substantial weight to the list's project priorities when making determinations among applications for funding of projects and activities within the area covered by the list. Projects that include use of side channels, off-stream rearing enhancement, improvement in overwintering habitat, or use of acclimation ponds shall receive consideration for funding.

             (3) The board may annually establish a maximum amount of funding available for any individual project, subject to available funding.

             (4) Where a lead entity has been established pursuant to RCW 75.46.060 (as recodified by this act), the board may provide grants to the lead entity to assist in carrying out lead entity functions under this chapter, subject to available funding.

             (5) The interagency review team shall review, rank, and approve projects submitted for funding until January 1, 2000.

             (6) This section expires July 1, 2000.


             Sec. 97. RCW 75.46.090 and 1998 c 246 s 10 are each amended to read as follows:

             (1) The conservation commission, in consultation with local government and the tribes, shall invite private, federal, state, tribal, and local government personnel with appropriate expertise to act as a technical advisory group.

             (2) For state personnel, involvement on the technical advisory group shall be at the discretion of the particular agency. Unless specifically provided for in the budget, technical assistance participants shall be provided from existing full-time equivalent employees.

             (3) The technical advisory group shall identify the limiting factors for salmonids to respond to the limiting factors relating to habitat pursuant to RCW 75.46.070(2) (as recodified by this act).

             (4) Where appropriate, the conservation district within the area implementing this chapter shall take the lead in developing and maintaining relationships between the technical advisory group and the private landowners under RCW 75.46.080 (as recodified by this act). The conservation districts may assist landowners to organize around river, tributary, estuary, or subbasins of a watershed.

             (5) Fishery enhancement groups and other volunteer organizations may participate in the activities under this section.


             Sec. 98. RCW 75.46.100 and 1999 1st sp.s. c 13 s 14 are each amended to read as follows:

             The sea grant program at the University of Washington is authorized to provide technical assistance to volunteer groups and other project sponsors in designing and implementing habitat projects that address the limiting factors analysis required under RCW 75.46.070 (as recodified by this act). The cost for such assistance may be covered on a fee-for-service basis.


             Sec. 99. RCW 75.46.110 and 1998 c 246 s 12 are each amended to read as follows:

             The southwest Washington salmon recovery region, whose boundaries are provided in chapter 60, Laws of 1998, is created. ((If chapter 60, Laws of 1998 is not enacted by July 1, 1998, this section is null and void.))


             Sec. 100. RCW 75.46.120 and 1998 c 246 s 16 are each amended to read as follows:

             (1) The departments of transportation, fish and wildlife, and ecology, and tribes shall convene a work group to develop policy guidance to evaluate mitigation alternatives. The policy guidance shall be designed to enable committees established under RCW 75.46.060 (as recodified by this act) to develop and implement habitat project lists that maximize environmental benefits from project mitigation while reducing project design and permitting costs. The work group shall seek technical assistance to ensure that federal, state, treaty right, and local environmental laws and ordinances are met. The purpose of this section is not to increase regulatory requirements or expand departmental authority.

             (2) The work group shall develop guidance for determining alternative mitigation opportunities. Such guidance shall include criteria and procedures for identifying and evaluating mitigation opportunities within a watershed. Such guidance shall create procedures that provide alternative mitigation that has a low risk to the environment, yet has high net environmental, social, and economic benefits compared to status quo options.

             (3) The evaluation shall include:

             (a) All elements of mitigation, including but not limited to data requirements, decision making, state and tribal agency coordination, and permitting; and

             (b) Criteria and procedures for identifying and evaluating mitigation opportunities, including but not limited to the criteria in chapter 90.74 RCW.

             (4) Committees established under RCW 75.46.060 (as recodified by this act) shall coordinate voluntary collaborative efforts between habitat project proponents and mitigation project proponents. Mitigation funds may be used to implement projects identified by a work plan to mitigate for the impacts of a transportation or other development proposal or project.

             (5) For the purposes of this section, "mitigation" has the same meaning as provided in RCW 90.74.010.


             Sec. 101. RCW 75.46.160 and 1999 1st sp.s. c 13 s 4 are each amended to read as follows:

             (1) The (([salmon recovery funding])) salmon recovery funding board is responsible for making grants and loans for salmon habitat projects and salmon recovery activities from the amounts appropriated to the board for this purpose. To accomplish this purpose the board may:

             (a) Provide assistance to grant applicants regarding the procedures and criteria for grant and loan awards;

             (b) Make and execute all manner of contracts and agreements with public and private parties as the board deems necessary, consistent with the purposes of this chapter;

             (c) Accept any gifts, grants, or loans of funds, property, or financial or other aid in any form from any other source on any terms that are not in conflict with this chapter;

             (d) Adopt rules under chapter 34.05 RCW as necessary to carry out the purposes of this chapter; and

             (e) Do all acts and things necessary or convenient to carry out the powers expressly granted or implied under this chapter.

             (2) The interagency committee for outdoor recreation shall provide all necessary grants and loans administration assistance to the board, and shall distribute funds as provided by the board in RCW 75.46.170 (as recodified by this act).


             Sec. 102. RCW 75.46.170 and 1999 1st sp.s. c 13 s 5 are each amended to read as follows:

             (1) The (([salmon recovery funding])) salmon recovery funding board shall develop procedures and criteria for allocation of funds for salmon habitat projects and salmon recovery activities on a state-wide basis to address the highest priorities for salmon habitat protection and restoration. To the extent practicable the board shall adopt an annual allocation of funding. The allocation should address both protection and restoration of habitat, and should recognize the varying needs in each area of the state on an equitable basis. The board has the discretion to partially fund, or to fund in phases, salmon habitat projects. The board may annually establish a maximum amount of funding available for any individual project, subject to available funding. No projects required solely as a mitigation or a condition of permitting are eligible for funding.

             (2)(a) In evaluating, ranking, and awarding funds for projects and activities the board shall give preference to projects that:

             (i) Are based upon the limiting factors analysis identified under RCW 75.46.070 (as recodified by this act);

             (ii) Provide a greater benefit to salmon recovery based upon the stock status information contained in the department of fish and wildlife salmonid stock inventory (SASSI), the salmon and steelhead habitat inventory and assessment project (SSHIAP), and any comparable science-based assessment when available;

             (iii) Will benefit listed species and other fish species; and

             (iv) Will preserve high quality salmonid habitat.

             (b) In evaluating, ranking, and awarding funds for projects and activities the board shall also give consideration to projects that:

             (i) Are the most cost-effective;

             (ii) Have the greatest matched or in-kind funding; and

             (iii) Will be implemented by a sponsor with a successful record of project implementation.

             (3) The board may reject, but not add, projects from a habitat project list submitted by a lead entity for funding.

             (4) For fiscal year 2000, the board may authorize the interagency review team to evaluate, rank, and make funding decisions for categories of projects or activities or from funding sources provided for categories of projects or activities. In delegating such authority the board shall consider the review team's staff resources, procedures, and technical capacity to meet the purposes and objectives of this chapter. The board shall maintain general oversight of the team's exercise of such authority.

             (5) The board shall seek the guidance of the technical review team to ensure that scientific principles and information are incorporated into the allocation standards and into proposed projects and activities. If the technical review team determines that a habitat project list complies with the critical pathways methodology under RCW 75.46.070 (as recodified by this act), it shall provide substantial weight to the list's project priorities when making determinations among applications for funding of projects within the area covered by the list.

             (6) The board shall establish criteria for determining when block grants may be made to a lead entity or other recognized regional recovery entity consistent with one or more habitat project lists developed for that region. Where a lead entity has been established pursuant to RCW 75.46.060 (as recodified by this act), the board may provide grants to the lead entity to assist in carrying out lead entity functions under this chapter, subject to available funding. The board shall determine an equitable minimum amount of funds for each region, and shall distribute the remainder of funds on a competitive basis.

             (7) The board may waive or modify portions of the allocation procedures and standards adopted under this section in the award of grants or loans to conform to legislative appropriations directing an alternative award procedure or when the funds to be awarded are from federal or other sources requiring other allocation procedures or standards as a condition of the board's receipt of the funds. The board shall develop an integrated process to manage the allocation of funding from federal and state sources to minimize delays in the award of funding while recognizing the differences in state and legislative appropriation timing.


             Sec. 103. RCW 75.46.180 and 1999 1st sp.s. c 13 s 6 are each amended to read as follows:

             (1) Habitat project lists shall be submitted to the salmon recovery funding board for funding by January 1st and July 1st of each year beginning in 2000. The board shall provide the legislature with a list of the proposed projects and a list of the projects funded by October 1st of each year beginning in 2000 for informational purposes.

             (2) The interagency committee for outdoor recreation shall track all funds allocated for salmon habitat projects and salmon recovery activities on behalf of the board, including both funds allocated by the board and funds allocated by other state or federal agencies for salmon recovery or water quality improvement.

             (3) Beginning in December 2000, the board shall provide a biennial report to the governor and the legislature on salmon recovery expenditures. This report shall be coordinated with the state of the salmon report required under RCW 75.46.030 (as recodified by this act).


             Sec. 104. RCW 75.48.100 and 1983 1st ex.s. c 46 s 170 are each amended to read as follows:

             The bonds authorized by this chapter shall be issued only after the director has certified, based upon reasonable estimates and data provided to the department, that sufficient revenues will be available from sport and commercial salmon license sales and from salmon fees and taxes to meet the requirements of RCW 75.48.080 (as recodified by this act) during the life of the bonds.


             Sec. 105. RCW 75.50.080 and 1997 c 389 s 5 are each amended to read as follows:

             Regional fisheries enhancement groups, consistent with the long-term regional policy statements developed under RCW 75.50.020 (as recodified by this act), shall seek to:

             (1) Enhance the salmon and steelhead resources of the state;

             (2) Maximize volunteer efforts and private donations to improve the salmon and steelhead resources for all citizens;

             (3) Assist the department in achieving the goal to double the state-wide salmon and steelhead catch by the year 2000; and

             (4) Develop projects designed to supplement the fishery enhancement capability of the department.


             Sec. 106. RCW 75.50.100 and 1998 c 245 s 155 and 1998 c 191 s 27 are each reenacted and amended to read as follows:

             The dedicated regional fisheries enhancement group account is created in the custody of the state treasurer. Only the commission or the commission's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.

             A portion of each recreational fishing license fee shall be used as provided in RCW 77.32.440. A surcharge of one hundred dollars shall be collected on each commercial salmon fishery license, each salmon delivery license, and each salmon charter license sold in the state. All receipts shall be placed in the regional fisheries enhancement group account and shall be used exclusively for regional fisheries enhancement group projects for the purposes of RCW 75.50.110 (as recodified by this act). Funds from the regional fisheries enhancement group account shall not serve as replacement funding for department operated salmon projects that exist on January 1, 1991.

             All revenue from the department's sale of salmon carcasses and eggs that return to group facilities shall be deposited in the regional fisheries enhancement group account for use by the regional fisheries enhancement group that produced the surplus. The commission shall adopt rules to implement this section pursuant to chapter 34.05 RCW.


             Sec. 107. RCW 75.50.105 and 1997 c 389 s 2 are each amended to read as follows:

             The department may provide start-up funds to regional fisheries enhancement groups for costs associated with any enhancement project. The regional fisheries enhancement group advisory board and the ((department)) commission shall develop guidelines for providing funds to the regional fisheries enhancement groups.


             Sec. 108. RCW 75.50.110 and 1995 1st sp.s. c 2 s 40 and 1995 c 367 s 5 are each reenacted and amended to read as follows:

             (1) A regional fisheries enhancement group advisory board is established to make recommendations to the commission. The members shall be appointed by the commission and consist of two commercial fishing representatives, two recreational fishing representatives, and three at-large positions. At least two of the advisory board members shall be members of a regional fisheries enhancement group. Advisory board members shall serve three-year terms. The advisory board membership shall include two members serving ex officio to be nominated, one through the Northwest Indian fisheries commission, and one through the Columbia river intertribal fish commission. The chair of the regional fisheries enhancement group advisory board shall be elected annually by members of the regional fisheries enhancement (([group])) group advisory board. The advisory board shall meet at least quarterly. All meetings of the advisory board shall be open to the public under the open public meetings act, chapter 42.30 RCW.

             The department shall invite the advisory board to comment and provide input into all relevant policy initiatives, including, but not limited to, wild stock, hatcheries, and habitat restoration efforts.

             (2) Members shall not be compensated but shall receive reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

             (3) The department may use account funds to provide agency assistance to the groups, to provide professional, administrative or clerical services to the advisory board, or to implement the training and technical (([assistance])) assistance services plan as developed by the advisory board pursuant to RCW 75.50.115 (as recodified by this act). The level of account funds used by the department shall be determined by the commission after review of recommendation by the regional fisheries enhancement group advisory board and shall not exceed twenty percent of annual contributions to the account.


             Sec. 109. RCW 75.50.115 and 1998 c 96 s 1 are each amended to read as follows:

             (1) The regional fisheries enhancement group advisory board shall:

             (a) Assess the training and technical assistance needs of the regional fisheries enhancement groups;

             (b) Develop a training and technical assistance services plan in order to provide timely, topical technical assistance and training services to regional fisheries enhancement groups. The plan shall be provided to the director and to the senate and house of representatives natural resources committees no later than October 1, 1995, and shall be updated not less than every year. The advisory board shall provide ample opportunity for the public and interested parties to participate in the development of the plan. The plan shall include but is not limited to:

             (i) Establishment of an information clearinghouse service that is readily available to regional fisheries enhancement groups. The information clearinghouse shall collect, collate, and make available a broad range of information on subjects that affect the development, implementation, and operation of diverse fisheries and habitat enhancement projects. The information clearinghouse service may include periodical news and informational bulletins;

             (ii) An ongoing program in order to provide direct, on-site technical assistance and services to regional fisheries enhancement groups. The advisory board shall assist regional fisheries enhancement groups in soliciting federal, state, and local agencies, tribal governments, institutions of higher education, and private business for the purpose of providing technical assistance and services to regional fisheries enhancement group projects; and

             (iii) A cost estimate for implementing the plan;

             (c) Propose a budget to the director for operation of the advisory board and implementation of the technical assistance plan;

             (d) Make recommendations to the director regarding regional enhancement group project proposals and funding of those proposals; and

             (e) Establish criteria for the redistribution of unspent project funds for any regional enhancement group that has a year ending balance exceeding one hundred thousand dollars.

             (2) The regional fisheries enhancement group advisory board may:

             (a) Facilitate resolution of disputes between regional fisheries enhancement groups and the department;

             (b) Promote community and governmental partnerships that enhance the salmon resource and habitat;

             (c) Promote environmental ethics and watershed stewardship;

             (d) Advocate for watershed management and restoration;

             (e) Coordinate regional fisheries enhancement group workshops and training;

             (f) Monitor and evaluate regional fisheries enhancement projects;

             (g) Provide guidance to regional fisheries enhancement groups; and

             (h) Develop recommendations to the director to address identified impediments to the success of regional fisheries enhancement groups.

             (3)(a) The regional fisheries enhancement group advisory board shall develop recommendations for limitations on the amount of overhead that a regional fisheries enhancement group may charge from each of the following categories of funding provided to the group:

             (i) Federal funds;

             (ii) State funds;

             (iii) Local funds; and

             (iv) Private donations.

             (b) The advisory board shall develop recommendations for limitations on the number and salary of paid employees that are employed by a regional fisheries enhancement group. The regional fisheries enhancement group advisory board shall adhere to the founding principles for regional groups that emphasize the volunteer nature of the groups, maximization of field-related fishery resource benefits, and minimization of overhead.

             (c) The advisory board shall evaluate and make recommendations for the limitation or elimination of commissions, finders fees, or other reimbursements to regional fisheries enhancement group employees.

             (((d) The regional fisheries enhancement group advisory board shall report to the appropriate legislative committees by January 1, 1999, on the board recommendations for overhead limitations, paid employee limitations, and commission limitations for regional fisheries enhancement groups.))


             Sec. 110. RCW 75.50.160 and 1997 c 389 s 6 are each amended to read as follows:

             The department and the department of transportation shall convene a fish passage barrier removal task force. The task force shall consist of one representative each from the department, the department of transportation, the department of ecology, tribes, cities, counties, a business organization, an environmental organization, regional fisheries enhancement groups, and other interested entities as deemed appropriate by the cochairs. The persons representing the department and the department of transportation shall serve as cochairs of the task force and shall appoint members to the task force. The task force shall make recommendations to expand the program in RCW 75.50.170 (as recodified by this act) to identify and expedite the removal of human-made or caused impediments to anadromous fish passage in the most efficient manner practical. Program recommendations shall include a funding mechanism and other necessary mechanisms to coordinate and prioritize state, tribal, local, and volunteer efforts within each water resource inventory area. A priority shall be given to projects that immediately increase access to available and improved spawning and rearing habitat for depressed, threatened, and endangered stocks. The department or the department of transportation may contract with cities and counties to assist in the identification and removal of impediments to anadromous fish passage.

             ((A report on the recommendations to develop a program to identify and remove fish passage barriers and any additional legislative action needed to implement the program shall be submitted to the appropriate standing committees of the legislature no later than December 1, 1997.))


             Sec. 111. RCW 75.52.020 and 1993 sp.s. c 2 s 50 are each amended to read as follows:

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

             (1) "Volunteer group" means any person or group of persons interested in or party to an agreement with the department relating to a cooperative fish or wildlife project.

             (2) "Cooperative project" means a project conducted by a volunteer group that will benefit the fish, shellfish, game bird, nongame wildlife, or game animal resources of the state and for which the benefits of the project, including fish and wildlife reared and released, are available to all citizens of the state. Indian tribes may elect to participate in cooperative fish and wildlife projects with the department.

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


             Sec. 112. RCW 75.52.050 and 1995 1st sp.s. c 2 s 42 are each amended to read as follows:

             The commission shall establish by rule:

             (1) The procedure for entering a cooperative agreement and the application forms for a permit to release fish or wildlife required by RCW 75.08.295 ((or 77.16.150)) (as recodified by this act). The procedure shall indicate the information required from the volunteer group as well as the process of review by the department. The process of review shall include the means to coordinate with other agencies and Indian tribes when appropriate and to coordinate the review of any necessary hydraulic permit approval applications.

             (2) The procedure for providing within forty-five days of receipt of a proposal a written response to the volunteer group indicating the date by which an acceptance or rejection of the proposal can be expected, the reason why the date was selected, and a written summary of the process of review. The response should also include any suggested modifications to the proposal which would increase its likelihood of approval and the date by which such modified proposal could be expected to be accepted. If the proposal is rejected, the department must provide in writing the reasons for rejection. The volunteer group may request the director or the director's designee to review information provided in the response.

             (3) The priority of the uses to which eggs, seed, juveniles, or brood stock are put. Use by cooperative projects shall be second in priority only to the needs of programs of the department or of other public agencies within the territorial boundaries of the state. Sales of eggs, seed, juveniles, or brood stock have a lower priority than use for cooperative projects.

             (4) The procedure for ((notice in writing to a volunteer group of cause to revoke)) the director to notify a volunteer group that the agreement for the project is being revoked for cause and the procedure for revocation. Revocation shall be documented in writing to the volunteer group. Cause for revocation may include: (a) The unavailability of adequate biological or financial resources; (b) the development of unacceptable biological or resource management conflicts; or (c) a violation of agreement provisions. Notice of cause to revoke for a violation of agreement provisions may specify a reasonable period of time within which the volunteer group must comply with any violated provisions of the agreement.

             (5) An appropriate method of distributing among volunteer groups fish, bird, or animal food or other supplies available for the program.


             Sec. 113. RCW 75.52.070 and 1984 c 72 s 7 are each amended to read as follows:

             (1) The volunteer group shall:

             (a) Provide care and diligence in conducting the cooperative project; and

             (b) Maintain accurately the required records of the project on forms provided by the department.

             (2) The volunteer group shall acknowledge that fish and game reared in cooperative projects are public property and must be handled and released for the benefit of all citizens of the state. The fish and game are to remain public property until reduced to private ownership under rules of the ((department)) commission.


             Sec. 114. RCW 75.52.100 and 1993 sp.s. c 2 s 52 are each amended to read as follows:

             A salmon spawning channel shall be constructed on the Cedar river with the assistance and cooperation of the department. The department shall use existing personnel and the volunteer fisheries enhancement program outlined under chapter 75.52 RCW (as recodified by this act) to assist in the planning, construction, and operation of the spawning channel.


             Sec. 115. RCW 75.52.110 and 1998 c 245 s 156 are each amended to read as follows:

             The department shall chair a technical committee, which shall review the preparation of enhancement plans and construction designs for a Cedar river sockeye spawning channel. The technical committee shall consist of not more than eight members: One representative each from the department, national marine fisheries service, United States fish and wildlife service, and Muckleshoot Indian tribe; and four representatives from the public utility described in RCW 75.52.130 (as recodified by this act). The technical committee will be guided by a policy committee, also to be chaired by the department, which shall consist of not more than six members: One representative from the department, one from the Muckleshoot Indian tribe, and one from either the national marine fisheries service or the United States fish and wildlife service; and three representatives from the public utility described in RCW 75.52.130 (as recodified by this act). The policy committee shall oversee the operation and evaluation of the spawning channel. The policy committee will continue its oversight until the policy committee concludes that the channel is meeting the production goals specified in RCW 75.52.120 (as recodified by this act).


             Sec. 116. RCW 75.52.130 and 1989 c 85 s 6 are each amended to read as follows:

             The legislature recognizes that, if funding for planning, design, evaluation, construction, and operating expenses is provided by a public utility that diverts water for beneficial public use, and if the performance of the spawning channel meets the production goals described in RCW 75.52.120 (as recodified by this act), the spawning channel project will serve, at a minimum, as compensation for lost sockeye salmon spawning habitat upstream of the Landsburg diversion. The amount of funding to be supplied by ((said)) the utility will fully fund the total cost of planning, design, evaluation, and construction of the spawning channel.


             Sec. 117. RCW 75.52.140 and 1989 c 85 s 7 are each amended to read as follows:

             In order to provide operation and maintenance funds for the facility authorized by RCW 75.52.100 through 75.52.160 (as recodified by this act), the utility shall place two million five hundred thousand dollars in the state general fund Cedar river channel construction and operation account herein created. The interest from the fund shall be used for operation and maintenance of the spawning channel and any unused interest shall be added to the fund to increase the principal to cover possible future operation cost increases. The state treasurer may invest funds from the account as provided by law.


             Sec. 118. RCW 75.52.160 and 1993 sp.s. c 2 s 54 are each amended to read as follows:

             Should the requirements of RCW 75.52.100 through 75.52.160 (as recodified by this act) not be met, the department shall seek immediate legal clarification of the steps which must be taken to fully mitigate water diversion projects on the Cedar river.


             Sec. 119. RCW 75.54.140 and 1998 c 191 s 28 are each amended to read as follows:

             As provided in RCW 77.32.440, a portion of each saltwater and combination fishing license fee shall be deposited in the recreational fisheries enhancement account created in RCW 75.54.150 (as recodified by this act).


             Sec. 120. RCW 75.54.150 and 1993 sp.s. c 2 s 98 are each amended to read as follows:

             The recreational fisheries enhancement account is created in the state treasury. All receipts from RCW 75.54.140 (as recodified by this act) shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for recreational fisheries enhancement programs.


             Sec. 121. RCW 75.56.050 and 1998 c 60 s 2 are each amended to read as follows:

             (1) A pilot program for steelhead recovery is established in Clark, Cowlitz, Lewis, Skamania, and Wahkiakum counties within the habitat area classified as evolutionarily significant unit 4 by the federal national marine fisheries service. The management board created under subsection (2) of this section is responsible for implementing the habitat portion of the approved steelhead recovery initiative and is empowered to receive and disburse funds for the approved steelhead recovery initiative. The management board created pursuant to this section shall constitute the ((regional council for this area responsible for fulfilling the requirements and exercising the powers of a regional council under chapter 246, Laws of 1998)) lead entity and the committee established under RCW 75.46.060 (as recodified by this act) responsible for fulfilling the requirements and exercising powers under this chapter.

             (2) A management board consisting of fifteen voting members is created within evolutionarily significant unit 4. The members shall consist of one county commissioner or designee from each of the five participating counties selected by each county legislative authority; one member representing the cities contained within evolutionarily significant unit 4 as a voting member selected by the cities in evolutionarily significant unit 4; a representative of the Cowlitz Tribe appointed by the tribe; one state legislator elected from one of the legislative districts contained within evolutionarily significant unit 4 selected by that group of state legislators representing the area; five representatives to include at least one member who represents private property interests appointed by the five county commissioners or designees; one hydro utility representative nominated by hydro utilities and appointed by the five county commissioners or designees; and one representative nominated from the environmental community who resides in evolutionarily significant unit 4 appointed by the five county commissioners or designees. The board shall appoint and consult a technical advisory committee, which shall include four representatives of state agencies one each appointed by the directors of the departments of ecology, fish and wildlife, and transportation, and the commissioner of public lands. The board may also appoint additional persons to the technical advisory committee as needed. The chair of the board shall be selected from among the five county commissioners or designees and the legislator on the board. In making appointments under this subsection, the county commissioners shall consider recommendations of interested parties. Vacancies shall be filled in the same manner as the original appointments were selected. No action may be brought or maintained against any management board member, the management board, or any of its agents, officers, or employees for any noncontractual acts or omissions in carrying out the purposes of this section.

             (3)(a) The management board shall participate in the development of a recovery plan to implement its responsibilities under (b) of this subsection. The management board shall consider local watershed efforts and activities as well as habitat conservation plans in the implementation of the recovery plan. Any of the participating counties may continue its own efforts for restoring steelhead habitat. Nothing in this section limits the authority of units of local government to enter into interlocal agreements under chapter 39.34 RCW or any other provision of law.

             (b) The management board is responsible for implementing the habitat portions of the local government responsibilities of the lower Columbia steelhead conservation initiative approved by the state and the national marine fisheries service. The management board may work in cooperation with the state and the national marine fisheries service to modify the initiative, or to address habitat for other aquatic species that may be subsequently listed under the federal endangered species act. The management board may not exercise authority over land or water within the individual counties or otherwise preempt the authority of any units of local government.

             (c) The management board shall prioritize as appropriate and approve projects and programs related to the recovery of lower Columbia river steelhead runs, including the funding of those projects and programs, and coordinate local government efforts as prescribed in the recovery plan. The management board shall establish criteria for funding projects and programs based upon their likely value in steelhead recovery. The management board may consider local economic impact among the criteria, but jurisdictional boundaries and factors related to jurisdictional population may not be considered as part of the criteria.

             (d) The management board shall assess the factors for decline along each prioritized stream as listed in the lower Columbia steelhead conservation initiative. The management board is encouraged to take a stream-by-stream approach in conducting the assessment which utilizes state and local expertise, including volunteer groups, interest groups, and affected units of local government.

             (4) The management board has the authority to hire and fire staff, including an executive director, enter into contracts, accept grants and other moneys, disburse funds, make recommendations to cities and counties about potential code changes and the development of programs and incentives upon request, pay all necessary expenses, and may choose a fiduciary agent. The management board shall report on its progress on a quarterly basis to the legislative bodies of the five participating counties and the state natural resource-related agencies. The management board shall prepare a final report at the conclusion of the pilot program describing its efforts and successes in implementing the habitat portion of the lower Columbia steelhead conservation initiative. The final report shall be transmitted to the appropriate committees of the legislature, the legislative bodies of the participating counties, and the state natural resource-related agencies.

             (5) The pilot program terminates on July 1, 2002.

             (6) For purposes of this section, "evolutionarily significant unit" means the habitat area identified for an evolutionarily significant unit of an aquatic species listed or proposed for listing as a threatened or endangered species under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.).


             Sec. 122. RCW 75.58.010 and 1998 c 190 s 110 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 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 (as recodified by this act) 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) A person shall not violate the rules adopted under subsection (2) or (3) of this section or violate RCW 75.58.040 (as recodified by this act).

             (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. 12. RCW 75.58.020 and 1993 sp.s. c 2 s 56 are each amended to read as follows:

             The directors of agriculture and fish and wildlife shall jointly adopt by rule, in the manner prescribed in RCW 75.58.010(2) (as recodified by this act), a schedule of user fees for the disease inspection and control program established under RCW 75.58.010 (as recodified by this act). The fees shall be established such that the program shall be entirely funded by revenues derived from the user fees by the beginning of the 1987-89 biennium.

             There is established in the state treasury an account known as the aquaculture disease control account which is subject to appropriation. Proceeds of fees charged under this section shall be deposited in the account. Moneys from the account shall be used solely for administering the disease inspection and control program established under RCW 75.58.010 (as recodified by this act).


             Sec. 124. RCW 75.58.030 and 1993 sp.s. c 2 s 57 are each amended to read as follows:

             (1) The director shall consult regarding the disease inspection and control program established under RCW 75.58.010 (as recodified by this act) with federal agencies and Indian tribes to assure protection of state, federal, and tribal aquatic resources and to protect private sector cultured aquatic products from disease that could originate from waters or facilities managed by those agencies.

             (2) With regard to the program, the director may enter into contracts or interagency agreements for diagnostic field services with government agencies and institutions of higher education and private industry.

             (3) The director shall provide for the creation and distribution of a roster of biologists having a ((speciality [specialty])) specialty in the diagnosis or treatment of diseases of fish or shellfish. The director shall adopt rules specifying the qualifications which a person must have in order to be placed on the roster.


Repealed Sections


             NEW SECTION. Sec. 125. The following acts or parts of acts are each repealed:

             (1)         RCW 75.08.010 (Fisheries Code) and 1983 1st ex.s. c 46 s 2 & 1955 c 12 s 75.08.010;

             (2)         RCW 75.08.011 (Definitions) and 1998 c 190 s 70, 1996 c 267 s 2, 1995 1st sp.s. c 2 s 6, & 1994 c 255 s 2;

             (3)         RCW 75.08.014 (Authority of director to administer department--Qualifications of director) and 1995 1st sp.s. c 2 s 22, 1993 sp.s. c 2 s 21, 1983 1st ex.s. c 46 s 6, & 1953 c 207 s 10;

             (4)         RCW 75.08.035 (Senior environmental corps--Department powers and duties) and 1993 sp.s. c 2 s 22 & 1992 c 63 s 11;

             (5)         RCW 75.08.274 (Taking food fish for propagation or scientific purposes--Permit required) and 1998 c 190 s 72, 1995 1st sp.s. c 2 s 15, 1983 1st ex.s. c 46 s 28, 1971 c 35 s 1, & 1955 c 12 s 75.16.010;

             (6)         RCW 75.10.070 (Service of summons and forfeiture if unable to prosecute violator) and 1983 1st ex.s. c 46 s 38 & 1955 c 12 s 75.36.030;

             (7)         RCW 75.10.160 (Enforcement of watercraft registration and boating safety education) and 1989 c 393 s 16;

             (8)         RCW 75.25.090 (Personal use fishing licenses--Fees) and 1993 c 215 s 1, 1989 c 305 s 5, & 1987 c 87 s 1;

             (9)         RCW 75.25.160 (Recreational licenses--Penalties) and 1989 c 305 s 15, 1987 c 87 s 8, 1984 c 80 s 10, 1983 1st ex.s. c 46 s 100, & 1977 ex.s. c 327 s 16;

             (10)       RCW 75.25.210 (Duplicate licenses, permits, tags, stamps, and catch record cards--Fees) and 1994 c 255 s 9;

             (11)       RCW 75.28.012 (Licensing districts--Created) and 1993 c 20 s 3, 1983 1st ex.s. c 46 s 102, 1971 ex.s. c 283 s 2, & 1957 c 171 s 1;

             (12)       RCW 75.28.335 (Wholesale fish dealers--Additional penalties) and 1985 c 248 s 8; and

             (13)       RCW 75.30.160 (Whiting license required in designated areas) and 1998 c 190 s 103, 1993 c 340 s 38, & 1986 c 198 s 6.


Recodified Sections


             NEW SECTION. Sec. 126. RCW 75.08.012, 75.08.013, 75.08.020, 75.08.090, and 75.08.110 are each recodified as sections in chapter 77.04 RCW.


             NEW SECTION. Sec. 127. RCW 75.08.025, 75.08.040, 75.08.045, 75.08.055, 75.08.058, 75.08.065, 75.08.070, 75.08.080, 75.08.120, 75.08.160, 75.08.206, 75.08.208, 75.08.230, 75.08.235, 75.08.255, 75.08.265, 75.08.285, 75.08.295, and 75.08.300 are each recodified as sections in chapter 77.12 RCW.


             NEW SECTION. Sec. 128. RCW 75.12.010, 75.12.015, 75.12.040, 75.12.132, 75.12.140, 75.12.155, 75.12.210, 75.12.230, 75.12.390, 75.12.440, and 75.12.650 are each recodified as sections in a new chapter in Title 77 RCW.


             NEW SECTION. Sec. 129. RCW 75.20.005, 75.20.015, 75.20.025, 75.20.040, 75.20.050, 75.20.060, 75.20.061, 75.20.090, 75.20.098, 75.20.100, 75.20.103, 75.20.104, 75.20.1041, 75.20.106, 75.20.108, 75.20.110, 75.20.130, 75.20.140, 75.20.150, 75.20.160, 75.20.170, 75.20.180, 75.20.190, 75.20.310, 75.20.320, 75.20.325, 75.20.330, 75.20.340, 75.20.350, and 77.12.830 are each recodified as sections in a new chapter added to Title 77 RCW.


             NEW SECTION. Sec. 130. RCW 75.24.010, 75.24.030, 75.24.060, 75.24.065, 75.24.070, 75.24.080, 75.24.100, 75.24.110, 75.24.120, 75.24.130, 75.24.140, and 75.24.150 are each recodified as sections in a new chapter in Title 77 RCW.


             NEW SECTION. Sec. 131. RCW 75.28.010, 75.28.011, 75.28.014, 75.28.020, 75.28.030, 75.28.034, 75.28.040, 75.28.042, 75.28.044, 75.28.045, 75.28.046, 75.28.047, 75.28.048, 75.28.055, 75.28.095, 75.28.110, 75.28.113, 75.28.114, 75.28.116, 75.28.120, 75.28.125, 75.28.130, 75.28.132, 75.28.133, 75.28.280, 75.28.290, 75.28.295, 75.28.300, 75.28.302, 75.28.305, 75.28.315, 75.28.323, 75.28.328, 75.28.340, 75.28.690, 75.28.700, 75.28.710, 75.28.720, 75.28.730, 75.28.740, 75.28.750, 75.28.760, 75.28.770, 75.28.780, 75.28.900, 77.32.191, 77.32.197, 77.32.199, and 77.32.211 are each recodified as sections in a new chapter in Title 77 RCW.


             NEW SECTION. Sec. 132. RCW 75.30.015, 75.30.021, 75.30.050, 75.30.060, 75.30.065, 75.30.070, 75.30.090, 75.30.100, 75.30.120, 75.30.125, 75.30.130, 75.30.140, 75.30.170, 75.30.180, 75.30.210, 75.30.220, 75.30.230, 75.30.240, 75.30.250, 75.30.260, 75.30.270, 75.30.280, 75.30.290, 75.30.300, 75.30.310, 75.30.320, 75.30.330, 75.30.350, 75.30.360, 75.30.370, 75.30.380, 75.30.390, 75.30.410, 75.30.420, 75.30.430, 75.30.440, 75.30.450, 75.30.460, 75.30.470, 75.30.480, 75.30.490, and 75.30.500 are each recodified as sections in a new chapter in Title 77 RCW.


             NEW SECTION. Sec. 133. A new chapter is added to Title 77 RCW and is named "Compacts and other agreements." The following sections are recodified under the following subchapter headings:

             (1) "Columbia river compact" as follows:

             RCW 75.40.010; and

             RCW 75.40.020.

             (2) "Pacific marine fisheries compact" as follows:

             RCW 75.40.030; and

             RCW 75.40.040.

             (3) "Coastal ecosystems compact" as follows:

             RCW 75.40.100; and

             RCW 75.40.110.

             (4) "Wildlife violator compact" as follows:

             RCW 77.17.010;

             RCW 77.17.020; and

             RCW 77.17.030.

             (5) "Snake river boundary" as follows:

             RCW 77.12.450;

             RCW 77.12.470;

             RCW 77.12.480; and

             RCW 77.12.490.

             (6) "Miscellaneous" as follows:

             RCW 75.40.060;

             RCW 77.12.430; and

             RCW 77.12.440.


             NEW SECTION. Sec. 134. RCW 75.44.100, 75.44.110, 75.44.120, 75.44.130, 75.44.140, and 75.44.150 are each recodified as sections in a new chapter in Title 77 RCW.


             NEW SECTION. Sec. 135. RCW 75.46.005, 75.46.010, 75.46.030, 75.46.040, 75.46.050, 75.46.060, 75.46.070, 75.46.080, 75.46.090, 75.46.100, 75.46.110, 75.46.120, 75.46.150, 75.46.160, 75.46.170, 75.46.180, 75.46.190, 75.46.200, 75.46.210, 75.46.300, 75.46.350, 75.56.050, and 75.46.900 are each recodified as sections in a new chapter in Title 77 RCW.


             NEW SECTION. Sec. 136. RCW 75.48.020, 75.48.040, 75.48.050, 75.48.060, 75.48.070, 75.48.080, 75.48.100, and 75.48.110 are each recodified as sections in a new chapter in Title 77 RCW.


             NEW SECTION. Sec. 137. RCW 75.50.010, 75.50.020, 75.50.030, 75.50.040, 75.50.060, 75.50.070, 75.50.080, 75.50.090, 75.50.100, 75.50.105, 75.50.110, 75.50.115, 75.50.125, 75.50.130, 75.50.150, 75.50.160, 75.50.165, 75.50.170, 75.50.180, 75.50.190, 75.08.245, 75.08.400, 75.08.410, 75.08.420, 75.08.430, 75.08.440, 75.08.450, 75.08.500, 75.08.510, 75.08.520, 75.08.530, and 75.50.900 are each recodified as sections in a new chapter in Title 77 RCW.


             NEW SECTION. Sec. 138. RCW 75.52.010, 75.52.020, 75.52.030, 75.52.035, 75.52.040, 75.52.050, 75.52.060, 75.52.070, 75.08.047, 75.52.080, 75.52.100, 75.52.110, 75.52.120, 75.52.130, 75.52.140, 75.52.150, 75.52.160, and 75.52.900 are each recodified as sections in a new chapter in Title 77 RCW.


             NEW SECTION. Sec. 139. RCW 75.54.005, 75.54.010, 75.54.020, 75.54.030, 75.54.040, 75.54.050, 75.54.060, 75.54.070, 75.54.080, 75.54.090, 75.54.100, 75.54.110, 75.54.120, 75.54.130, 75.54.140, 75.54.150, 75.54.900, and 75.54.901 are each recodified as sections in a new chapter in Title 77 RCW.


             NEW SECTION. Sec. 140. RCW 75.56.010, 75.56.020, 75.56.030, 75.56.040, 75.56.900, and 75.56.905 are each recodified as sections in a new chapter in Title 77 RCW.


             NEW SECTION. Sec. 141. RCW 75.58.010, 75.58.020, 75.58.030, and 75.58.040 are each recodified as sections in a new chapter in Title 77 RCW.


             NEW SECTION. Sec. 142. RCW 75.25.092 is recodified as a new section in chapter 77.32 RCW.


             NEW SECTION. Sec. 143. RCW 75.10.150 is recodified as a new section in chapter 77.15 RCW.


             NEW SECTION. Sec. 144. RCW 75.25.901, 75.25.902, 75.30.055, 75.98.005, 75.98.006, 75.98.007, and 75.98.030 are each decodified.


PART II

TITLE 77

Amendments


             Sec. 201. RCW 77.04.010 and 1990 c 84 s 1 are each amended to read as follows:

             This title is known and may be cited as "Fish and Wildlife Code of the State of Washington."


             Sec. 202. RCW 77.04.020 and 1996 c 267 s 32 are each amended to read as follows:

             The department consists of the state fish and wildlife commission and the director. ((The director is responsible for the administration and operation of the department, subject to the provisions of this title.)) The commission may delegate to the director any of the powers and duties vested in the commission. ((The director shall perform the duties prescribed by law and shall carry out the basic goals and objectives prescribed under RCW 77.04.055.))


             Sec. 203. RCW 77.04.030 and 1994 c 264 s 52 are each amended to read as follows:

             The fish and wildlife commission consists of nine registered voters of the state. In January of each odd-numbered year, the governor shall appoint with the advice and consent of the senate two registered voters to the commission to serve for terms of six years from that January or until their successors are appointed and qualified. If a vacancy occurs on the commission prior to the expiration of a term, the governor shall appoint a registered voter within sixty days to complete the term. Three members shall be residents of that portion of the state lying east of the summit of the Cascade mountains, and three shall be residents of that portion of the state lying west of the summit of the Cascade mountains. Three additional members shall be appointed at-large ((effective July 1, 1993; one of whom shall serve a one and one-half year term to end December 31, 1994; one of whom shall serve a three and one-half year term to end December 31, 1996; and one of whom shall serve a five and one-half year term to end December 31, 1998. Thereafter all members are to serve a six-year term)). No two members may be residents of the same county. The legal office of the commission is at the administrative office of the department in Olympia.


             Sec. 204. RCW 77.04.055 and 1995 1st sp.s. c 2 s 4 are each amended to read as follows:

             (1) In establishing policies to preserve, protect, and perpetuate wildlife, fish, and wildlife and fish habitat, the commission shall meet annually with the governor to:

             (a) Review and prescribe basic goals and objectives related to those policies; and

             (b) Review the performance of the department in implementing fish and wildlife policies.

             The commission shall maximize fishing, hunting, and outdoor recreational opportunities compatible with healthy and diverse fish and wildlife populations.

             (2) The commission shall establish hunting, trapping, and fishing seasons and prescribe the time, place, manner, and methods that may be used to harvest or enjoy game fish and wildlife.

             (3) The commission shall establish provisions regulating food fish and shellfish as provided in RCW 75.08.080 (as recodified by this act).

             (4) The commission shall have final approval authority for tribal, interstate, international, and any other department agreements relating to fish and wildlife.

             (5) The commission shall adopt rules to implement the state's fish and wildlife laws.

             (6) The commission shall have final approval authority for the department's budget proposals.

             (7) The commission shall select its own staff and shall appoint the director of the department. The director and commission staff shall serve at the pleasure of the commission.


             Sec. 205. RCW 77.04.080 and 1995 1st sp.s. c 2 s 5 are each amended to read as follows:

             Persons eligible for appointment as director shall have practical knowledge of the habits and distribution of fish and wildlife. The director shall supervise the administration and operation of the department and perform the duties prescribed by law and delegated by the commission. The director shall carry out the basic goals and objectives prescribed under RCW 77.04.055. The director may appoint and employ necessary personnel. The director may delegate, in writing, to department personnel the duties and powers necessary for efficient operation and administration of the department.

             Only persons having general knowledge of the fisheries and wildlife resources and of the commercial and recreational fishing industry in this state are eligible for appointment as director. The director shall not have a financial interest in the fishing industry or a directly related industry. The director shall receive the salary fixed by the governor under RCW 43.03.040.

             The director is the ex officio secretary of the commission and shall attend its meetings and keep a record of its business.

             ((The director may appoint and employ necessary departmental personnel. The director may delegate to department personnel the duties and powers necessary for efficient operation and administration of the department.))


             Sec. 206. RCW 77.04.100 and 1993 sp.s. c 2 s 65 are each amended to read as follows:

             The director shall develop proposals to reinstate the natural salmon and steelhead trout fish runs in the Tilton and upper Cowlitz rivers in accordance with RCW 75.08.020(3) (as recodified by this act).


             Sec. 207. RCW 77.08.010 and 1998 c 190 s 111 are each amended to read as follows:

             As used in this title ((or Title 75 RCW)) or rules adopted ((pursuant to those)) under this title((s)), 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((,)); a public or private entity or organization; a local, state, or federal agency; all business organizations, including corporations and partnerships; 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 officer" means a person appointed and commissioned by the director, with authority to enforce ((laws)) this title and rules adopted pursuant to this title, and other statutes as prescribed by the legislature. Fish and wildlife officer includes a person commissioned before June 11, 1998, as a wildlife agent or a fisheries patrol officer.

             (6) "Ex officio 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 fish and wildlife officer" includes 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," "to harvest," and "to take," and ((its)) their derivatives means an effort to kill, injure, harass, or catch a fish or shellfish.

             (10) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful hunting, fishing, taking, or possession of game animals, game birds, ((or)) game fish, food fish, or shellfish 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, take, 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, taking, 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, take, 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, old world rats and mice of 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 old world rats and mice of 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.

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

             (30) "Youth" means a person fifteen years old for fishing and under sixteen years old for hunting.

             (31) "Senior" means a person seventy years old or older.

             (32) "License year" means the period of time for which a recreational license is valid. The license year begins April 1st, and ends March 31st.

             (33) "Saltwater" means those marine waters seaward of river mouths.

             (34) "Freshwater" means all waters not defined as saltwater including, but not limited to, rivers upstream of the river mouth, lakes, ponds, and reservoirs.

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

             (36) "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.

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

             (38) "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.

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

             (40) "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.

             (41) "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.

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

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

             (44) "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.

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

             (46) "Limited-entry license" means a license subject to a license limitation program established in chapter 75.30 RCW (as recodified by this act).

             (47) "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.

             (48) "Trafficking" means offering, attempting to engage, or engaging in sale, barter, or purchase of fish, shellfish, wildlife, or deleterious exotic wildlife.


             NEW SECTION. Sec. 208. A new section is added to chapter 77.08 RCW to read as follows:

             "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.


             NEW SECTION. Sec. 209. A new section is added to chapter 77.08 RCW to read as follows:

             "Salmon" means all species of the genus Oncorhynchus, except those classified as game fish in RCW 77.08.020, 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


             Sec. 210. RCW 77.12.010 and 1985 c 438 s 1 are each amended to read as follows:

             ((Wildlife is the property of the state. The department shall preserve, protect, and perpetuate wildlife. Game animals, game birds, and game fish may be taken only at times or places, or in manners or quantities as in the judgment of the commission maximizes public recreational opportunities without impairing the supply of wildlife.))

             The commission shall not adopt rules that categorically prohibit fishing with bait or artificial lures in streams, rivers, beaver ponds, and lakes except that the commission may adopt rules and regulations restricting fishing methods upon a determination by the director that an individual body of water or part thereof clearly requires a fishing method prohibition to conserve or enhance the fisheries resource or to provide selected fishing alternatives. ((The commission shall attempt to maximize the public recreational fishing opportunities of all citizens, particularly juvenile, handicapped, and senior citizens.

             Nothing contained herein shall be construed to infringe on the right of a private property owner to control the owner's private property.))


             Sec. 211. RCW 77.12.035 and 1995 c 370 s 1 are each amended to read as follows:

             The ((department)) commission shall protect grizzly bears and develop management programs on publicly owned lands that will encourage the natural regeneration of grizzly bears in areas with suitable habitat. Grizzly bears shall not be transplanted or introduced into the state. Only grizzly bears that are native to Washington state may be utilized by the department for management programs. The department is directed to fully participate in all discussions and negotiations with federal and state agencies relating to grizzly bear management and shall fully communicate, support, and implement the policies of this section.


             Sec. 212. RCW 77.12.055 and 1998 c 190 s 112 are each amended to read as follows:

             (1) Fish and wildlife officers and ex officio 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 fish and wildlife officer who is not an ex officio fish and wildlife officer, the fish and wildlife officer may enforce all criminal laws of the state. The fish and wildlife officer must have successfully completed the basic law enforcement academy course sponsored by the criminal justice training commission, or a course 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) Fish and wildlife officers are peace officers.

             (3) Any liability or claim of liability under chapter 4.92 RCW that arises out of the exercise or alleged exercise of authority by a fish and wildlife officer rests with the department unless the fish and wildlife officer acts under the direction and control of another agency or unless the liability is otherwise assumed under an agreement between the department and another agency.

             (4) 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) Fish and wildlife officers are authorized to enforce all provisions of chapter 88.02 RCW and any rules adopted under that chapter, and the provisions of RCW 79A.05.310 and any rules adopted under that section.

             (7) 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.


             Sec. 213. RCW 77.12.080 and 1998 c 190 s 114 are each amended to read as follows:

             Fish and wildlife officers and ex officio 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. 214. RCW 77.12.090 and 1998 c 190 s 115 are each amended to read as follows:

             Fish and wildlife officers and ex officio fish and wildlife officers may make a reasonable search without warrant of a vessel, ((container, or)) conveyances, vehicles, containers, 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 authority does not extend to quarters in a boat, building, or other property used exclusively as a private domicile, does not extend to transitory residences in which a person has a reasonable expectation of privacy, and does not allow search and seizure without a warrant if the thing or place is protected from search without warrant within the meaning of Article I, section 7 of the state Constitution. Seizure of property as evidence of a crime does not preclude seizure of the property ((if authorized)) for forfeiture as authorized by law.


             Sec. 215. RCW 77.12.103 and 1993 sp.s. c 2 s 68 are each amended to read as follows:

             (1) ((The burden of proof of any exemption or exception to seizure or forfeiture of personal property involved with wildlife offenses is upon the person claiming it.

             (2))) An authorized state, county, or municipal officer may be subject to civil liability under RCW ((77.12.101)) 77.15.070 for willful misconduct or gross negligence in the performance of his or her duties.

             (((3))) (2) The director, the fish and wildlife commission, or the department may be subject to civil liability for their willful or reckless misconduct in matters involving the seizure and forfeiture of personal property involved with fish or wildlife offenses.


             Sec. 216. RCW 77.12.170 and 1998 c 191 s 38 and 1998 c 87 s 2 are each reenacted and amended to read as follows:

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

             (a) Rentals or concessions of the department;

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

             (c) The sale of licenses, permits, tags, stamps, and punchcards required by this title, except annual resident adult saltwater and all shellfish licenses, which shall be deposited into the state general fund;

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

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

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

             (g) Compensation for damage to department property or wildlife losses or contributions, gifts, or grants received under RCW 77.12.320 or 77.32.380;

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

             (i) The sale of personal property seized by the department for food fish, shellfish, or wildlife violations; and

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

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


             Sec. 217. RCW 77.12.204 and 1993 sp.s. c 4 s 6 are each amended to read as follows:

             The department of fish and wildlife shall implement practices necessary to meet the standards developed under RCW 79.01.295 on agency-owned and managed agricultural and grazing lands. The standards may be modified on a site-specific basis as necessary and as determined by the department of ((fisheries or)) fish and wildlife, for species that these agencies respectively manage, to achieve the goals established under RCW 79.01.295(1). Existing lessees shall be provided an opportunity to participate in any site-specific field review. Department agricultural and grazing leases issued after December 31, 1994, shall be subject to practices to achieve the standards that meet those developed pursuant to RCW 79.01.295.

             This section shall in no way prevent the department of fish and wildlife from managing its lands ((to accomplish its statutory mandate pursuant to RCW 77.12.010, nor shall it prevent the department from managing its lands)) according to the provisions of RCW 75.08.012, 77.12.210, or rules adopted pursuant to this chapter.


             Sec. 218. RCW 77.12.210 and 1987 c 506 s 30 are each amended to read as follows:

             The director shall maintain and manage real or personal property owned, leased, or held by the department and shall control the construction of buildings, structures, and improvements in or on the property. The director may adopt rules for the operation and maintenance of the property.

             The commission may authorize the director to sell, lease, convey, or grant concessions upon real or personal property under the control of the department. This includes the authority to sell timber, gravel, sand, and other materials or products from real property held by the department ((and may authorize the director)), and to sell or lease the department's real or personal property or grant concessions or rights of way for roads or utilities in the property. Oil and gas resources owned by the state which lie below lands owned, leased, or held by the department shall be offered for lease by the commissioner of public lands pursuant to chapter 79.14 RCW with the proceeds being deposited in the state wildlife fund: PROVIDED, That the commissioner of public lands shall condition such leases at the request of the department to protect wildlife and its habitat.

             If the commission determines that real or personal property held by the department cannot be used advantageously by the department, the director may dispose of that property if it is in the public interest.

             If the state acquired real property with use limited to specific purposes, the director may negotiate terms for the return of the property to the donor or grantor. Other real property shall be sold to the highest bidder at public auction. After appraisal, notice of the auction shall be published at least once a week for two successive weeks in a newspaper of general circulation within the county where the property is located at least twenty days prior to sale.

             Proceeds from the sales shall be deposited in the state wildlife fund.


             Sec. 219. RCW 77.12.220 and 1987 c 506 s 31 are each amended to read as follows:

             For purposes of this title, the commission may make agreements to obtain real or personal property or to transfer or convey property held by the state to the United States or its agencies or instrumentalities, ((political subdivisions)) units of local government of this state, public service companies, or other persons, if in the judgment of the commission and the attorney general the transfer and conveyance is consistent with public interest. For purposes of this section, "local government" means any city, town, county, special district, municipal corporation, or quasi-municipal corporation.

             If the commission agrees to a transfer or conveyance under this section or to a sale or return of real property under RCW 77.12.210, the director shall certify, with the attorney general, to the governor that the agreement has been made. The certification shall describe the real property. The governor then may execute and the secretary of state attest and deliver to the appropriate entity or person the instrument necessary to fulfill the agreement.


             Sec. 220. RCW 77.12.250 and 1980 c 78 s 42 are each amended to read as follows:

             The director, ((wildlife agents)) fish and wildlife officers, ex officio ((wildlife agents)) fish and wildlife officers, and department employees may enter upon lands 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 beaches or waters of the state.


             Sec. 221. RCW 77.12.315 and 1987 c 506 s 40 are each amended to read as follows:

             If the director determines that a severe problem exists in an area of the state because deer and elk are being pursued, harassed, attacked or killed by dogs, the director may declare by emergency rule that an emergency exists and specify the area where it is lawful for fish and wildlife ((agents)) officers to take into custody or destroy the dogs if necessary. Fish and wildlife ((agents)) officers who take into custody or destroy a dog pursuant to this section are immune from civil or criminal liability arising from their actions.


             Sec. 222. RCW 77.12.470 and 1980 c 78 s 63 are each amended to read as follows:

             To enforce RCW 77.12.480 and 77.12.490 (as recodified by this act), courts in the counties contiguous to the boundary waters, fish and wildlife ((agents)) officers, and ex officio fish and wildlife ((agents)) officers have jurisdiction over the boundary waters to the furthermost shoreline. This jurisdiction is concurrent with the courts and law enforcement officers of Idaho.


             Sec. 223. RCW 77.12.480 and 1980 c 78 s 64 are each amended to read as follows:

             The taking of wildlife from the boundary waters or islands of the Snake river shall be in accordance with the wildlife laws of the respective states. Fish and wildlife ((agents)) officers and ex officio fish and wildlife ((agents)) officers shall honor the license of either state and the right of the holder to take wildlife from the boundary waters and islands in accordance with the laws of the state issuing the license.


             Sec. 224. RCW 77.12.490 and 1980 c 78 s 65 are each amended to read as follows:

             The purpose of RCW 77.12.450 through 77.12.490 (as recodified by this act) is to avoid the conflict, confusion, and difficulty of locating the state boundary in or on the boundary waters and islands of the Snake river. These sections do not allow the holder of a Washington license to fish or hunt on the shoreline, sloughs, or tributaries on the Idaho side, nor allow the holder of an Idaho license to fish or hunt on the shoreline, sloughs, or tributaries on the Washington side.


             Sec. 225. RCW 77.12.610 and 1982 c 155 s 1 are each amended to read as follows:

             The purposes of RCW 77.12.610 through 77.12.630 ((and 77.16.610)) are to facilitate the department's gathering of biological data for managing wildlife, fish, and shellfish resources of this state and to protect ((wildlife)) these resources by assuring compliance with Title 77 RCW, and rules adopted thereunder, in a manner designed to minimize inconvenience to the public.


             Sec. 226. RCW 77.12.620 and 1982 c 155 s 2 are each amended to read as follows:

             The department is authorized to require hunters and fishermen occupying a motor vehicle approaching or entering a check station to stop and produce for inspection: (1) Any wildlife, fish, shellfish, or seaweed in their possession; (2) licenses, permits, tags, stamps, or ((punchcards)) catch record cards, required under Title 77 RCW, or rules adopted thereunder. For these purposes, the department is authorized to operate check stations which shall be plainly marked by signs, operated by at least one uniformed fish and wildlife ((agent)) officer, and operated in a safe manner.


             Sec. 227. RCW 77.12.630 and 1982 c 155 s 4 are each amended to read as follows:

             The powers conferred by RCW 77.12.610 through 77.12.630 ((and 77.16.610)) are in addition to all other powers conferred by law upon the department. Nothing in RCW 77.12.610 through 77.12.630 ((and 77.16.610)) shall be construed to prohibit the department from operating wildlife information stations at which persons shall not be required to stop and report, or from executing arrests, searches, or seizures otherwise authorized by law.


             Sec. 228. RCW 77.12.655 and 1990 c 84 s 3 are each amended to read as follows:

             The department, in accordance with chapter 34.05 RCW, shall adopt and enforce necessary rules defining the extent and boundaries of habitat buffer zones for bald eagles. Rules shall take into account the need for variation of the extent of the zone from case to case, and the need for protection of bald eagles. The rules shall also establish guidelines and priorities for purchase or trade and establishment of conservation easements and/or leases to protect such designated properties. The department shall also adopt rules to provide adequate notice to property owners of their options under RCW 77.12.650 ((through 77.12.655)) and this section.


             Sec. 229. RCW 77.12.830 and 1997 c 425 s 3 are each amended to read as follows:

             (1) Beginning in January 1998, the department of fish and wildlife and the department of natural resources shall implement a habitat incentives program based on the recommendations of federally recognized Indian tribes, landowners, the regional fisheries enhancement groups, the timber, fish, and wildlife cooperators, and other interested parties. The program shall allow a private landowner to enter into an agreement with the departments to enhance habitat on the landowner's property for food fish, game fish, or other wildlife species. In exchange, the landowner shall receive state regulatory certainty with regard to future applications for hydraulic project approval or a forest practices permit on the property covered by the agreement. The overall goal of the program is to provide a mechanism that facilitates habitat development on private property while avoiding an adverse state regulatory impact to the landowner at some future date. A single agreement between the departments and a landowner may encompass up to one thousand acres. A landowner may enter into multiple agreements with the departments, provided that the total acreage covered by such agreements with a single landowner does not exceed ten thousand acres. The departments are not obligated to enter into an agreement unless the departments find that the agreement is in the best interest of protecting fish or wildlife species or their habitat.

             (2) A habitat incentives agreement shall be in writing and shall contain at least the following: A description of the property covered by the agreement, an expiration date, a description of the condition of the property prior to the implementation of the agreement, and other information needed by the landowner and the departments for future reference and decisions.

             (3) As part of the agreement, the department of fish and wildlife may stipulate the factors that will be considered when the department evaluates a landowner's application for hydraulic project approval under RCW 75.20.100 or 75.20.103 (as recodified by this act) on property covered by the agreement. The department's identification of these evaluation factors shall be in concurrence with the department of natural resources and affected federally recognized Indian tribes. In general, future decisions related to the issuance, conditioning, or denial of hydraulic project approval shall be based on the conditions present on the landowner's property at the time of the agreement, unless all parties agree otherwise.

             (4) As part of the agreement, the department of natural resources may stipulate the factors that will be considered when the department evaluates a landowner's application for a forest practices permit under chapter 76.09 RCW on property covered by the agreement. The department's identification of these evaluation factors shall be in concurrence with the department of fish and wildlife and affected federally recognized Indian tribes. In general, future decisions related to the issuance, conditioning, or denial of forest practices permits shall be based on the conditions present on the landowner's property at the time of the agreement, unless all parties agree otherwise.

             (5) The agreement is binding on and may be used by only the landowner who entered into the agreement with the department. The agreement shall not be appurtenant with the land. However, if a new landowner chooses to maintain the habitat enhancement efforts on the property, the new landowner and the departments may jointly choose to retain the agreement on the property.

             (6) If the departments receive multiple requests for agreements with private landowners under the habitat incentives program, the departments shall prioritize these requests and shall enter into as many agreements as possible within available budgetary resources.


             Sec. 230. RCW 77.12.858 and 1999 c 342 s 6 are each amended to read as follows:

             All receipts from the salmon stamp program created under RCW 77.12.850 through 77.12.860 must be deposited into the regional fisheries enhancement salmonid recovery account created under RCW 75.50.125 (as recodified by this act). Expenditures from the account may be used only for the purposes specified in RCW 75.50.125 (as recodified by this act) and chapter 342, Laws of 1999. The department shall report biennially to the legislature on the amount of money the salmon stamp program has generated.


             Sec. 231. RCW 77.15.070 and 1998 c 190 s 69 are each amended to read as follows:

             (1) Fish and wildlife officers and ex officio fish and wildlife officers may seize without warrant boats, airplanes, vehicles, motorized implements, conveyances, gear, appliances, or other articles they have probable cause to believe have been held with intent to violate or used in violation of this ((chapter)) title or rule of the commission or director. However, fish and wildlife officers or ex officio 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 and is 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)) chapter 34.05 RCW, the administrative procedure act. 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 (([of])) of 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.


             NEW SECTION. Sec. 232. A new section is added to chapter 77.15 RCW to read as follows:

             Fish and wildlife officers and ex officio fish and wildlife officers may seize without a warrant wildlife, fish, and shellfish they have probable cause to believe have been taken, transported, or possessed in violation of this title or rule of the commission or director.


             Sec. 233. RCW 77.15.080 and 1998 c 190 s 113 are each amended to read as follows:

             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. 234. RCW 77.15.090 and 1998 c 190 s 117 are each amended to read as follows:

             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 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. 235. RCW 77.15.100 and 1998 c 190 s 63 are each amended to read as follows:

             (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)) When seized property is forfeited ((by the court or)) to the department, 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 the property to the agency for the use of enforcing this title, or sell such property and deposit the proceeds into the state wildlife fund established under RCW 77.12.170. 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.))


             Sec. 236. RCW 77.15.120 and 1998 c 190 s 13 are each amended to read as follows:

             (1) A person is guilty of unlawful taking of endangered fish or wildlife in the second degree if the person hunts, fishes, possesses, maliciously harasses or kills fish or wildlife, or maliciously 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.


             Sec. 237. RCW 77.15.160 and 1998 c 190 s 17 are each amended to read as follows:

             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)) 77.32.430, 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. 238. A new section is added to chapter 77.15 RCW to read as follows:

             Any person who is damaged by any act prohibited in RCW 77.15.210 may bring a civil action to enjoin further violations, and recover damages sustained, including a reasonable attorneys' fee. The trial court may increase the award of damages to an amount not to exceed three times the damages sustained. A party seeking civil damages under this section may recover upon proof of a violation by a preponderance of the evidence. The state of Washington may bring a civil action to enjoin violations of this section.


             Sec. 239. RCW 77.15.300 and 1998 c 190 s 52 are each amended to read as follows:

             (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 (as recodified by this act) 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.


             Sec. 240. RCW 77.15.310 and 1998 c 190 s 53 are each amended to read as follows:

             (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 (as recodified by this act) 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.


             Sec. 241. RCW 77.15.320 and 1998 c 190 s 54 are each amended to read as follows:

             (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 (as recodified by this act);

             (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.


             Sec. 242. RCW 77.15.350 and 1998 c 190 s 58 are each amended to read as follows:

             (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 (as recodified by this act) 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 (as recodified by this act).

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


             Sec. 243. RCW 77.15.360 and 1998 c 190 s 61 are each amended to read as follows:

             (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.


             Sec. 244. RCW 77.15.380 and 1998 c 190 s 18 are each amended to read as follows:

             (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 (as recodified by this act) 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 RCW 77.15.580.

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


             Sec. 245. RCW 77.15.390 and 1998 c 190 s 20 are each amended to read as follows:

             (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 (as recodified by this act) 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.


             Sec. 246. RCW 77.15.470 and 1998 c 190 s 29 are each amended to read as follows:

             (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.


             Sec. 247. RCW 77.15.480 and 1980 c 78 s 27 are each amended to read as follows:

             Articles or devices unlawfully used, possessed, or maintained for catching, taking, killing, attracting, or decoying wildlife are public nuisances. If necessary, fish and wildlife ((agents)) officers and ex officio fish and wildlife ((agents)) officers may seize, abate, or destroy these public nuisances without warrant or process.


             Sec. 248. RCW 77.15.500 and 1998 c 190 s 35 are each amended to read as follows:

             (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 (as recodified by this act) 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 (as recodified by this act) 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.


             Sec. 249. RCW 77.15.530 and 1998 c 190 s 38 are each amended to read as follows:

             (1) A person who holds a fishery license required by chapter 75.28 RCW (as recodified by this act), or who holds an operator's license and is designated as an alternate operator on a fishery license required by chapter 75.28 RCW (as recodified by this act), 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 (as recodified by this act).

             (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 (as recodified by this act) for a period of one year.


             Sec. 250. RCW 77.15.540 and 1998 c 190 s 39 are each amended to read as follows:

             (1) A person who holds a fishery license required by chapter 75.28 RCW (as recodified by this act), or who holds an operator's license and is designated as an alternate operator on a fishery license required by chapter 75.28 RCW (as recodified by this act), 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.


             Sec. 251. RCW 77.15.570 and 1998 c 190 s 49 are each amended to read as follows:

             (1) Except as provided in subsection (3) of this section, it is unlawful for a person who is not a treaty Indian fisherman to participate in the taking of 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 (as recodified by this act).

             (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.

             (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, to claim possession of a share of the catch, or to represent that the catch was lawfully taken in an Indian fishery.

             (5) A violation of this section constitutes illegal fishing and is subject to the suspensions provided for commercial fishing violations.


             Sec. 252. RCW 77.15.580 and 1998 c 190 s 50 are each amended to read as follows:

             (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.


             Sec. 253. RCW 77.15.620 and 1998 c 190 s 43 are each amended to read as follows:

             (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 (as recodified by this act) 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 (as recodified by this act) 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 (as recodified by this act) 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 (as recodified by this act) 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.


             Sec. 254. RCW 77.15.630 and 1998 c 190 s 44 are each amended to read as follows:

             (1) A person who holds a fish dealer's license required by RCW 75.28.300 (as recodified by this act), an anadromous game fish buyer's license required by RCW 77.32.211 (as recodified by this act), or a fish buyer's license required by RCW 75.28.340 (as recodified by this act) 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.


             Sec. 255. RCW 77.15.640 and 1998 c 190 s 45 are each amended to read as follows:

             (1) A person who holds a wholesale fish dealer's license required by RCW 75.28.300 (as recodified by this act), an anadromous game fish buyer's license required by RCW 77.32.211 (as recodified by this act), or a fish buyer's license required by RCW 75.28.340 (as recodified by this act) 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.


             Sec. 256. RCW 77.15.650 and 1998 c 190 s 59 are each amended to read as follows:

             (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.


             Sec. 257. RCW 77.15.710 and 1998 c 190 s 67 are each amended to read as follows:

             (1) The commission shall revoke all hunting, fishing, or other licenses issued under this title and order a ten-year suspension of all privileges extended under the authority of the department of a person convicted of assault on a fish and wildlife officer ((or other law enforcement officer provided that:

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

             (b) The fish and wildlife officer or other law enforcement officer was enforcing the provisions of this title)), ex officio officer, employee, agent, or personnel acting for the department, if the employee assaulted was on duty at the time of the assault and carrying out the provisions of this title. The suspension shall be continued beyond this period if any damages to the victim have not been paid by the suspended person.

             (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.


             Sec. 258. RCW 77.15.720 and 1998 c 190 s 68 are each amended to read as follows:

             (1) If a person shoots another person or domestic livestock while hunting, the director shall revoke all hunting licenses and 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)) shall be continued beyond these periods if damages owed to the victim or livestock owner have not been paid by the suspended person. A hunting license shall not be reissued to the suspended person unless authorized by the director.

             (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 or RCW 77.15.710, a person may petition for administrative review under chapter 34.05 RCW by serving the direct