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FIFTY-THIRD DAY

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MORNING SESSION

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Senate Chamber, Olympia, Thursday, March 2, 2000

      The Senate was called to order at 9:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Bauer, Costa, Finkbeiner, Haugen, Heavey, McDonald, Patterson, Sellar, Tim Sheldon and Thibaudeau. On motion of Senator Honeyford, Senator Sellar was excused. On motion of Senator Franklin, Senators Haugen and Tim Sheldon were excused.

      The Sergeant at Arms Color Guard, consisting of Pages Jessica Suepke and Elgin Demetrius Grant, presented the Colors. Mary Lynne Reiner of the Temple Beth Hatfiloh, offered the prayer.


MOTION


      On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.

INTRODUCTION AND FIRST READING

 

SB 6860             by Senators Roach, Rasmussen, McCaslin, Heavey, Morton, Benton, Rossi, Swecker, Stevens and Zarelli

 

AN ACT Relating to charges for surface water runoff; and amending RCW 36.89.080, 36.94.140, and 86.15.160.

Referred to Committee on Environmental Quality and Water Resources.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT


MOTION


      On motion of Senator Spanel, Gubernatorial Appointment No. 9054, Joe Bowen, as a member of the Human Rights Commission, was confirmed.


APPOINTMENT OF JOE BOWEN


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 39; Nays, 0; Absent, 7; Excused, 3.

     Voting yea: Senators Benton, Brown, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 39.

     Absent: Senators Bauer, Costa, Finkbeiner, Heavey, McDonald, Patterson and Thibaudeau - 7.

     Excused: Senators Haugen, Sellar and Sheldon, T. - 3.

 

MOTION

 

      On motion of Senator Zarelli, the following resolution was adopted:

 

SENATE RESOLUTION 2000-8739

 

By Senators Zarelli and Swecker

 

      WHEREAS, The Washington State Senate supports excellence in all fields of human endeavor; and

      WHEREAS, The members of the W.F. West High School boys’ basketball team have exhibited outstanding academic and athletic skill by winning the Class 3A state academic championship; and

      WHEREAS, To win the Class 3A state academic championship, the Bearcats achieved the top grade point average of all Class 3A boys’ basketball teams in the state with a team average of 3.56;

      WHEREAS, The W.F. West boys’ basketball team, consisting of Eddie Arredondo, Josh Aselton, Kyle Aselton, Keegan Fulton, Scott McCain, Nick Rambo, Brian Rash, Jordan Rinta, Kelly Ross, Sawyer Smith, Kyle State, and Phillip Thompson, achieved this academic excellence; and

      WHEREAS, The Bearcat boys’ basketball team benefitted from the leadership and support of Principal Dr. Linda Smith, Athletic Director Don Conway, Coach Dale Leach, and assistant coaches Ed Simmons, Rob Sandy, and Ken Hotsko in their bid for academic and athletic excellence; and

      WHEREAS, The team and its leadership have brought distinction and pride to W.F. West High School, its students, its supporters, and the entire Chehalis community;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor and congratulate the 1999-2000 W.F. West High School boys’ basketball team for its hard work, dedication to academic and athletic excellence, and maturity in achieving this recognition; and

      BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to the principal of W.F. West High School and to the members and coaching staff of the 1999-2000 W.F. West High School boys’ basketball team.

 

      Senators Zarelli and Swecker spoke to Senate Resolution 2000-8739.

 

INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced the members and coaches of the W. F. West High School Class 3A Boys’ Basketball State Academic Champions from Chehalis, who were seated in the gallery.


MOTION


      On motion of Senator Betti Sheldon, the Senate returned to the sixth order of business.


MOTION


      On motion of Senator Franklin, Senator Heavey was excused.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS


MOTION


      On motion of Senator Betti Sheldon, Gubernatorial Appointment No. 9247, Russell D. Hauge, as a member of the Sentencing Guidelines Commission, was confirmed.

      Senators Betti Sheldon and Oke spoke to the confirmation of Russell D. Hauge as a member of the Sentencing Guidelines Commission.


APPOINTMENT OF RUSSELL D. HAUGE


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 4; Excused, 2.

     Voting yea: Senators Benton, Brown, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 43.

     Absent: Senators Bauer, Costa, Patterson and Thibaudeau - 4.

     Excused: Senators Heavey and Sellar - 2.


MOTION


      On motion of Senator Franklin, Senator Patterson was excused.


MOTION


      On motion of Senator Loveland, Gubernatorial Appointment No. 9291, David Shaw, as a member of the Academic Achievement and Accountability Commission, was confirmed.

      Senators Loveland and Hale spoke to the confirmation of David Shaw as a member of the Academic Achievement and Accountability Commission.

 

APPOINTMENT OF DAVID SHAW


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.

     Excused: Senators Patterson and Sellar - 2.


MOTION


      On motion of Senator Betti Sheldon, the Senate advanced to the eighth order of business.


MOTION


      On motion of Senator Eide, the following resolution was adopted:


SENATE RESOLUTION 2000-8746


By Senators Benton, Morton, Rossi, Oke, Eide, Deccio, Johnson and McAuliffe


      WHEREAS, The 2000 Prudential Spirit of Community Award, presented by The Prudential Insurance Company of America in partnership with the National Association of Secondary School Principals, honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities; and

      WHEREAS, Paul Gordon, 18, of Redmond and Brett Byrd, 13, of Camas were named Washington's top two youth volunteers for the Year 2000 in The Prudential Spirit of Community Awards; and

      WHEREAS, Paul Gordon, a senior at Mount Si High School raised $24,000 individually, for a total of $90,000, to help pay for a young boy's liver transplant and has created the Paul Gordon Children's Fund to assist underprivileged children with medical costs, and has become a national spokesperson for the National Transplant Assistance Fund, for which he speaks to others about the importance of organ donation; and

      WHEREAS, Brett Byrd, a seventh-grader at Skyridge Middle School, produced concerts featuring his rock and roll band, along with his brother Cameron, to honor his mother's memory, and raised nearly $70,000 to provide mammograms for women who cannot afford them, and hopes to eventually raise one million dollars to help in the fight against breast cancer; and

      WHEREAS, Cameron Byrd, Lindsay O'Neal, Timothy Pilgrim, Jesse Rowe, Wynne Scherf, and Amanda Solano were recognized as Distinguished Finalists for their impressive community service activities; and

      WHEREAS, Cameron Byrd, 15, of Camas, a ninth-grader at Skyridge Middle School, raised nearly $70,000 for breast cancer screenings by performing in a rock and roll band with his brother, Brett; and

      WHEREAS, Lindsay O'Neal, 17, of Federal Way, a senior at Federal Way High School, helps organize a weekly breakfast at her church, with funds going to support various church and community programs; and

      WHEREAS, Timothy Pilgrim, 17, of Kent, a senior at Kentwood High School, developed and directs a math tutoring program at his school that has assisted 50 students with their studies; and

      WHEREAS, Jesse Rowe, 16, of Port Orchard, a sophomore at Explorer Academy, helped create an educational brochure about date violence for the Planned Parenthood Dating Violence Workforce; and

      WHEREAS, Wynne Scherf, 18, of Metaline Falls, a member of the WSU/Pend Oreille County 4-H, a senior at Selkirk High School, coordinated a blood, food, and clothing drive to benefit the needy in her community; and

      WHEREAS, Amanda Solano, 17, of Selah, a senior at Selah High School, planned and implemented a drug and alcohol awareness presentation that included a mock car crash witnessed by the entire student body; and

      WHEREAS, The success of the state of Washington, the strength of our communities, and the overall vitality of American society depend in great measure, upon the dedication of young people like Paul Gordon, Brett Byrd, Cameron Byrd, Lindsay O'Neal, Timothy Pilgrim, Jesse Rowe, Wynne Scherf, and Amanda Solano, who use their considerable talents and resources to serve others;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate congratulate and honor Paul Gordon, Brett Byrd, Cameron Byrd, Lindsay O'Neal, Timothy Pilgrim, Jesse Rowe, Wynne Scherf, and Amanda Solano as recipients of Prudential Spirit of Community Awards, recognize their outstanding records of volunteer service, peer leadership, and community spirit, and extend best wishes for their continued success and happiness; and

      BE IT FURTHER RESOLVED, That the Secretary of the Senate immediately transmit copies of this resolution to Paul Gordon, Brett Byrd, Cameron Byrd, Lindsay O'Neal, Timothy Pilgrim, Jesse Rowe, Wynne Scherf, and Amanda Solano.


      Senators Eide, Johnson, Benton, Deccio, Rossi and Oke spoke to Senate Resolution 2000-8746.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced and thanked the Year 2000 Prudential Spirit of Community Award volunteers, who were seated in the gallery.


MOTION


      On motion of Senator Betti Sheldon, the Senate reverted to the sixth order of business.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT


MOTION


      On motion of Senator McAuliffe, Gubernatorial Appointment No. 9242, Jose E. Gaitan, as a member of the Academic Achievement and Accountability Commission, was confirmed.


APPOINTMENT OF JOSE E. GAITAN


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.

     Absent: Senator Deccio - 1.

    Excused: Senators Patterson and Sellar - 2.

 

MOTION

 

      At 9:49 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.

 

      The Senate was called to order at 11:13 a.m. by President Owen.

 

MOTION

 

      On motion of Senator Betti Sheldon, the Senate reverted to the fourth order of business.

 

 

MESSAGES FROM THE HOUSE

March 1, 2000

MR. PRESIDENT:

      The House has passed:

      SUBSTITUTE SENATE BILL NO. 5330,

      SENATE BILL NO. 6121,

      SENATE BILL NO. 6160,

      SUBSTITUTE SENATE BILL NO. 6233,

      SENATE BILL NO. 6285,

      SUBSTITUTE SENATE BILL NO. 6351,

      SUBSTITUTE SENATE BILL NO. 6357,

      SUBSTITUTE SENATE BILL NO. 6382,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6389,

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6683,

      SENATE BILL NO. 6748, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk

 

March 1, 2000

MR. PRESIDENT:

      The House has passed:

      SENATE BILL NO. 6123,

      SENATE BILL NO. 6251, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk

 

 

March 1, 2000

MR. PRESIDENT:

      The House has passed:

      SUBSTITUTE SENATE BILL NO. 6740,

      SENATE BILL NO. 6770,

      SENATE JOINT MEMORIAL NO. 8022,

      SENATE JOINT MEMORIAL NO. 8027,

      SENATE JOINT RESOLUTION NO. 8214, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk

 

SIGNED BY THE PRESIDENT

 

      The President signed:

      SUBSTITUTE SENATE BILL NO. 5330,

      SENATE BILL NO. 6121,

      SENATE BILL NO. 6123,

      SENATE BILL NO. 6160,

      SUBSTITUTE SENATE BILL NO. 6233,

      SENATE BILL NO. 6251,

      SENATE BILL NO. 6285,

      SUBSTITUTE SENATE BILL NO. 6351,

      SUBSTITUTE SENATE BILL NO. 6357,

      SUBSTITUTE SENATE BILL NO. 6382,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6389,

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6683,

      SUBSTITUTE SENATE BILL NO. 6740,

      SENATE BILL NO. 6748,

      SENATE BILL NO. 6770,

      SENATE JOINT MEMORIAL NO. 8022,

      SENATE JOINT MEMORIAL NO. 8027,

      SENATE JOINT RESOLUTION NO. 8214.

 

MOTION

 

      On motion of Senator Betti Sheldon, the Senate advanced to the sixth order of business.

 

 

 

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 2406, by House Committee on Natural Resources (originally sponsored by Representatives Regala and Buck)

 

Changing salmon recovery provisions.

 

      The bill was read the second time.

 

MOTION

 

 

      Senator Jacobsen moved that the following Committee on Natural Resources, Parks and Recreation striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. 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) that shall receive consideration for funding by the salmon recovery funding board. Each project on the list must have a written agreement from the landowner on whose land the project will be implemented, and must be based on the limiting factors analysis conducted in RCW 75.46.070 when completed.

       (4) "Habitat projects" or "projects" include but are not limited to habitat restoration projects, habitat protection projects, habitat projects that improve water quality, habitat projects that protect water quality, habitat-related mitigation projects, fish passage barrier correction projects, fish screening projects, projects that accelerate the recovery process such as supplementation of wild stocks, projects that include the use of side channels, off-stream rearing enhancement, improvement in overwintering habitat, or use of acclimation ponds, and habitat project corrective maintenance and monitoring activities.

       (((4))) (5) "Habitat work schedule" means ((those projects from the habitat project list that will be implemented during the current funding cycle)) development of a table of completed, active, and potential projects as a basis for critical pathways methodology analysis. The schedule shall also include ((a list of the entities and individuals implementing projects,)) the estimated start date, duration, ((estimated)) date of completion, ((estimated)) cost, affected salmonid species, and funding sources for the projects.

       (((5))) (6) "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))) (7) "Project sponsor" is a county, city, special district, tribal government, state agency, a combination of such governments through interlocal or interagency agreement((s provided under chapter 39.34 RCW)), a nonprofit organization, or one or more private citizens.

       (((7))) (8) "Salmon" includes all species of the family Salmonidae which are capable of self-sustaining, natural production except for Atlantic salmon.

       (((8))) (9) "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))) (10) "Salmon recovery activities" or "activities" includes but is not limited to habitat protection or restoration activities by local governments, tribes, other public entities, and private entities. The activities must have as a principal purpose the protection and restoration of salmonid populations. Salmon recovery activities may include, but are not limited to: Preparation of stream corridor guidelines, programmatic permitting, preparation of geographic information system protocols, and the development of baseline hydrological data.

       (11) "Tribe" or "tribes" means federally recognized Indian tribes.

       (((10))) (12) "WRIA" means a water resource inventory area established in chapter 173-500 WAC as it existed on January 1, 1997.

       (((11))) (13) "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.

       (14) "Board" means the salmon recovery funding board created in RCW 75.46.150.

       (15) "Listed stocks" means salmon and trout stocks that are listed or proposed for listing as threatened or endangered under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq.

       (16) "SASSI" means the salmon and steelhead stock inventory report and appendices.

       (17) "SSHIAP" means the salmon and steelhead habitat inventory and assessment project.

       Sec. 2. RCW 75.46.170 and 1999 sp.s. c 13 s 5 are each amended to read as follows:

       (1) The (([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;

       (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, 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, 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.

       (8) The board shall establish a time limit for the completion of projects that are awarded funds under this section. The time limit imposed by the board for completing projects shall provide for timely completion of projects but allow adequate time for projects that by their nature require multiple years to accomplish. The time limit may not exceed five years from the time the funds are awarded. The board shall not require the project sponsor to reapply to the board for these same funds in subsequent funding cycles within the time limit imposed by the board."

 

MOTION

 

      Senator Jacobsen moved that the following amendment to the Committee on Natural Resources, Parks and Recreation striking amendment be adopted:

       On page 2, on line 30 of the amendment, after "protocols," strike "and the development of baseline hydrological data" and insert "the development of baseline hydrological data, and project scoping, predesign, and engineering for fish passage, screening, and habitat restoration and acquisition projects"

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senator Jacobsen on page 2, beginning on line 30 to the committee striking amendment.

      The motion by Senator Jacobsen carried and the amendment to the committee striking amendment was adopted.

      The President declared the question before the Senate to be the adoption of the Committee on Natural Resources, Parks and Recreation striking amendment, as amended, to Substitute House Bill No. 2406.

      Debate ensued.

      The motion by Senator Jacobsen carried and the committee striking amendment, as amended, was adopted.

 

MOTIONS

 

      On motion of Senator Jacobsen the following title amendment was adopted:

      On page 1, line 1 of the title, after "activities;" strike the remainder of the title and insert "and amending RCW 75.46.010 and 75.46.170."

      On motion of Senator Jacobsen, the rules were suspended, Substitute House Bill No. 2406, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2406, as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 2406, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.

     Absent: Senators Kline and Loveland - 2.

     Excused: Senator Sellar - 1.

      SUBSTITUTE HOUSE BILL NO. 2406, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

      HOUSE BILL NO. 2383, by Representatives Regala, G. Chandler, Anderson, Linville, Fisher, Scott, Kenney, Lovick, Haigh, Lantz, Wood, Santos, Edmonds and Ogden

 

Creating the aquatic nuisance species committee.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Jacobsen, the following Committee on Natural Resources, Parks and Recreation striking amendment was adopted:Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 75.24 RCW to read as follows:

       (1) The aquatic nuisance species committee is created for the purpose of fostering state, federal, tribal, and private cooperation on aquatic nuisance species issues. The mission of the committee is to minimize the unauthorized or accidental introduction of nonnative aquatic species and give special emphasis to preventing the introduction and spread of aquatic nuisance species. The term "aquatic nuisance species" means a nonnative aquatic plant or animal species that threatens the diversity or abundance of native species, the ecological stability of infested waters, or commercial, agricultural, or recreational activities dependent on such waters.

       (2) The committee consists of representatives from each of the following state agencies: Department of fish and wildlife, department of ecology, department of agriculture, department of health, department of natural resources, Puget Sound water quality action team, state patrol, state noxious weed control board, and Washington sea grant program. The committee shall encourage and solicit participation by: Federally recognized tribes of Washington, federal agencies, Washington conservation organizations, environmental groups, and representatives from industries that may either be affected by the introduction of an aquatic nuisance species or that may serve as a pathway for their introduction.

       (3) The committee has the following duties:

       (a) Periodically revise the state of Washington aquatic nuisance species management plan, originally published in June 1998;

       (b) Make recommendations to the legislature concerning how animals can be classified as aquatic nuisance species;

       (c) Recommend to the state noxious weed control board that a plant be classified under the process designated by RCW 17.10.080 as an aquatic noxious weed;

       (d) Coordinate education, research, regulatory authorities, monitoring and control programs, and participate in regional and national efforts regarding aquatic nuisance species;

       (e) Consult with representatives from industries and other activities that may serve as a pathway for the introduction of aquatic nuisance species to develop practical strategies that will minimize the risk of new introductions; and

       (f) Prepare a biennial report to the legislature with the first report due by December 1, 2001, making recommendations for better accomplishing the purposes of this chapter, and listing the accomplishments of this chapter to date.

       (4) The committee shall accomplish its duties through the authority and cooperation of its member agencies. Implementation of all plans and programs developed by the committee shall be through the member agencies and other cooperating organizations."

 

MOTIONS

 

      On motion of Senator Jacobsen, the following title amendment was adopted:

      On page 1, line 1 of the title, after "species;" strike the remainder of the title and insert "and adding a new section to chapter 75.24 RCW."

      On motion of Senator Jacobsen, the rules were suspended, Substitute House Bill No. 2383, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2383, as amended by the Senate.

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 2383, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.

      Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.                Absent: Senators Loveland and Snyder - 2.           Excused: Senator Sellar - 1.  SUBSTITUTE HOUSE BILL NO. 2383, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

      There being no objection, the Senate resumed consideration of Second Substitute Senate Bill No. 5243, deferred March 1, 2000, after Senator Kline moved that the bill be substituted and Senator Johnson challenged whether the bill was properly before the Senate.

 

RULING BY THE PRESIDENT

 

      President Owen: “In ruling upon the point of order by Senator Johnson that the Senate is beyond the cutoff date established in Senate Concurrent Resolution No. 8421 to consider Senate Bills on the floor and that consideration of Second Substitute Senate Bill No. 5243 is therefore not in order, the President finds that the cutoff resolution exempts ‘matters necessary to implement budgets.’ The issue is whether Second Substitute Senate Bill No. 5243 is a measure necessary to implement a budget. Because there is confusion surrounding this issue as evidenced by prior rulings, the President begs the body’s patience as he speaks at some length in an attempt to provide some guidelines while responding to the point of order.

      “Second Substitute Senate Bill No. 5243 is a measure which extends and expands the so-called linked deposit program. Under the linked deposit program, the state treasurer is directed to deposit an amount of short term surplus treasury funds with public depositories who agree to loan the amount deposited to qualifying loan applicants. The President notes that generally the treasurer is duty-bound under statute to maximize interest returns on short term surplus treasury funds. The linked deposit program directs the treasurer to discount interest otherwise received from public depositories participating in the loan program.

      “The President reminds the body that he has not seen a budget this session. Therefore, the President is left to analyze the issue in this point of order in the abstract. For the following reasons, the President finds that although he may be prepared to rule without first seeing a budget that a measure is necessary to implement a budget, this is not an instance in which he would do so.

      “On the floor yesterday, Senator Kline argued that because Second Substitute Senate Bill No. 5243 concerns state revenues in the form of earned interest, the measure therefore necessarily concerned the budget. The President finds that having an effect on revenue does not by itself make a measure necessary to implement a budget. The President can envision a situation where a measure that increases state revenues in the face of a projected budget deficit could be a measure necessary to implement the budget. Second Substitute Senate Bill No. 5243 is not such a measure.

      “Second Substitute Senate Bill No. 5243 would actually reduce state revenues otherwise available on deposited treasury funds. In prepared remarks, Senator Kline argues that this reduced revenue is, in essence, a subsidy to participating depositories and is therefore like a budgeted appropriation to those depositories. The President notes, however, that state budgets appropriate funds to state agencies, not to private individuals or entities directly. The President believes that Senator Johnson is correct when he argues that the linked deposit program came into existence in 1993, and has never been the subject of an appropriation in the budget. Under these circumstances, the President cannot rule in the abstract that Second Substitute Senate Bill No. 5243 is necessary to implement the budget, and Senator Johnson’s point of order is well taken.

      “Again, there may be instances in which to expedite the business before the body, the President would take notice of certain facts and rule before first seeing a budget that a measure is necessary to implement a budget. These might include but not necessarily be limited to the following:

      1. The instance noted above concerning a revenue increase measure in the face of a projected budget deficit. This measure would be actually necessary to implement a budget. Others like those that follow might be technically necessary.

      2. A measure extending or expanding a program that was actually funded in prior budgets. If such a measure failed to pass, the President could reasonably anticipate that a budget appropriation funding the extension or expansion of the program would lapse.

 

      3. A measure creating a new program, which proposed program has received publicity such that the President could reasonably anticipate that a budget appropriation would lapse but for the passage of the measure.

      4. A measure shifting a program from one agency to another or dividing an agency, which proposed shift or division has received publicity such that the President could reasonably anticipate that a budget appropriation would lapse but for the passage of the shift or division.

      “The President appreciates the body’s indulgence in this lengthy ruling. However, the President believes it is his responsibility to provide what guidance he can concerning the conduct of Senate business. .

      “At this time, Second Substitute Senate Bill No. 5243 is not properly before the Senate.”

 

      The President ruled that Second Substitute Senate Bill No. 5243 is not properly before the Senate at this time.


MOTION


      On motion of Senator Betti Sheldon, further consideration of Senate Bill No. 5243, which will hold its place on the second reading calendar, was deferred.


MOTION


      On motion of Senator Betti Sheldon, the Senate advanced to the eighth order of business.


MOTION


      On motion of Senator Goings, the following resolution was adopted:


SENATE RESOLUTION 2000-8717


By Senators Goings, Oke, Rasmussen, Franklin, Wojahn, Eide, Winsley, Roach and Swecker


      WHEREAS, The annual Daffodil Festival is a cherished tradition for the people of Pierce County and the Northwest; and

      WHEREAS, 2000 marks the Sixty-Seventh annual Daffodil Festival; and

      WHEREAS, The Festival began in 1926 as a modest garden party in Sumner, and grew steadily each year until 1934 when flowers, which previously had been largely discarded in favor of daffodil bulbs, where used to decorate cars and bicycles for a short parade through Tacoma; and

      WHEREAS, The Festival’s 2000 events are ongoing, and will culminate in the April 15, 2000, Grand Floral Street Parade, winding its way from downtown Tacoma through the communities of Puyallup, Sumner, and Orting; and

      WHEREAS, This year’s Festival royalty includes princesses Dawn Ainslie, Washington High School; Bobett Babcock, Eatonville High School; Moriah Blake, LakesHigh School; Emily Chipps, Puyallup High School; Melissa Clapper, Clover Park High School; Mariana DeArmas, Lincoln High School; Brenna Foley, Curtis High School; Amy Hamel, Franklin Pierce High School; Anna Hasselblad, Wilson High School; Leslie Hauge, Fife High School; Cela Mamic, Rogers High School; Megan McFadden, Bethel High School; Sarah Norris, Sumner High School; Keli O'Neill, Orting High School;Amanda Orr, Stadium High School; Shanel Rodriguez, Spanaway Lake High School;

Erlene Schwenke, Mt. Tahoma High School; Tiye Smith, Henry Foss High School; and Rene Unap, Chief Leschi High School;

      NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate do hereby recognize and honor the many contributions made to our state by the Daffodil Festival and its organizers for the past sixty-seven years; and

      BE IT FURTHER RESOLVED, That copies of this resolution be transmitted immediately by the Secretary of the Senate to the 2000 Daffodil Festival Officers and to the members of the Festival Royalty.


      Senators Goings, Oke, Rasmussen, Franklin, Winsley, Eide and Wojahn spoke to Senate Resolution 2000-8717.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced Daffodil Princess Anna Hasselblad and the queen mother, Karen Basket, who were seated on the rostrum

      With permission of the Senate, business was suspended to permit Princess Anna to address the Senate.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced the Daffodil Royalty Princesses, who were seated in the gallery.


MOTION


      On motion of Senator Snyder, Rule 15 was suspended for the day.


      EDITOR’S NOTE - Rule 15 states: ‘The Senate shall recess ninety minutes for lunch each working day. When reconvening on the same day, the senate shall recess ninety minutes for dinner each working evening. This rule may be suspended by a majority.




MOTION


      At 11:52 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.


      The Senate was called to order at 1:10 p.m by President Owen.


MOTION


      On motion of Senator Betti Sheldon, the Senate returned to the sixth order of business.


MOTION


      On motion of Senator Honeyford, Senators Deccio, Long and Sheahan were excused.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT


MOTION


      On motion of Senator Spanel, Gubernatorial Appointment No. 9012, Judge Marshall Forrest, as a member of the Gambling Commission, was confirmed.


APPOINTMENT OF JUDGE MARSHALL FORREST


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 38; Nays, 0; Absent, 7; Excused, 4. Voting yea: Senators Bauer, Benton, Brown, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Honeyford, Jacobsen, Johnson, Kline, Kohl-Welles, Loveland, McAuliffe, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Wojahn and Zarelli - 38.

     Absent: Senators Costa, Hochstatter, Horn, McCaslin, Patterson, Shin and Winsley - 7.

     Excused: Senators Deccio, Long, Sellar and Sheahan - 4.


SECOND READING


      HOUSE BILL NO. 2595, by Representatives Ogden, Lovick, Hankins, Radcliff, Mitchell and Kagi

 

Authorizing entry of protection order information in the judicial information system.


      The bill was read the second time.


MOTION


      On motion of Senator Heavey, the following Committee on Judiciary striking amendment was not adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 26.50 RCW to read as follows:

       The department of social and health services, in its discretion, may seek the relief provided in this chapter on behalf of and with the consent of any vulnerable adult as those persons are defined in RCW 74.34.020. Neither the department nor the state of Washington shall be liable for failure to seek relief on behalf of any persons under this section.

       NEW SECTION. Sec. 2. A new section is added to chapter 74.34 RCW to read as follows:

       (1) An order for protection of a vulnerable adult issued under this chapter which restrains the respondent or another person from committing acts of abuse, prohibits contact with the petitioner, excludes the person from any specified location, or prohibits the person from knowingly coming within, or knowingly remaining within a specified distance from a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

       (2) Whenever an order for protection of a vulnerable adult is issued under this chapter, and the respondent or person to be restrained knows of the order, a violation of a provision restraining the person from committing acts of abuse, prohibiting contact with the petitioner, excluding the person from any specified location, or prohibiting the person from knowingly coming within, or knowingly remaining within a specified distance of a location, shall be punishable under RCW 26.50.110, regardless of whether the person is a family or household member as defined in RCW 26.50.010.

       Sec. 3. RCW 10.31.100 and 1999 c 184 s 14 are each amended to read as follows:

       A police officer having probable cause to believe that a person has committed or is committing a felony shall have the authority to arrest the person without a warrant. A police officer may arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the presence of the officer, except as provided in subsections (1) through (10) of this section.

       (1) Any police officer having probable cause to believe that a person has committed or is committing a misdemeanor or gross misdemeanor, involving physical harm or threats of harm to any person or property or the unlawful taking of property or involving the use or possession of cannabis, or involving the acquisition, possession, or consumption of alcohol by a person under the age of twenty-one years under RCW 66.44.270, or involving criminal trespass under RCW 9A.52.070 or 9A.52.080, shall have the authority to arrest the person.

       (2) A police officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

       (a) An order has been issued of which the person has knowledge under RCW ((10.99.040(2), 10.99.050, 26.09.050, 26.09.060, 26.10.040, 26.10.115,)) 26.44.063, or chapter 10.99, 26.09, 26.10, 26.26 ((RCW, or chapter)), 26.50, or 74.34 RCW restraining the person and the person has violated the terms of the order restraining the person from acts or threats of violence, or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within a specified distance of a location or, in the case of an order issued under RCW 26.44.063, imposing any other restrictions or conditions upon the person; or

       (b) A foreign protection order, as defined in RCW 26.52.010, has been issued of which the person under restraint has knowledge and the person under restraint has violated a provision of the foreign protection order prohibiting the person under restraint from contacting or communicating with another person, or ((of a provision)) excluding the person under restraint from a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within a specified distance of a location, or a violation of any provision for which the foreign protection order specifically indicates that a violation will be a crime; or

       (c) The person is sixteen years or older and within the preceding four hours has assaulted a family or household member as defined in RCW 10.99.020 and the officer believes: (i) A felonious assault has occurred; (ii) an assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not; or (iii) that any physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death. Bodily injury means physical pain, illness, or an impairment of physical condition. When the officer has probable cause to believe that family or household members have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the primary physical aggressor. In making this determination, the officer shall make every reasonable effort to consider: (i) The intent to protect victims of domestic violence under RCW 10.99.010; (ii) the comparative extent of injuries inflicted or serious threats creating fear of physical injury; and (iii) the history of domestic violence between the persons involved.

       (3) Any police officer having probable cause to believe that a person has committed or is committing a violation of any of the following traffic laws shall have the authority to arrest the person:

       (a) RCW 46.52.010, relating to duty on striking an unattended car or other property;

       (b) RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;

       (c) RCW 46.61.500 or 46.61.530, relating to reckless driving or racing of vehicles;

       (d) RCW 46.61.502 or 46.61.504, relating to persons under the influence of intoxicating liquor or drugs;

       (e) RCW 46.20.342, relating to driving a motor vehicle while operator's license is suspended or revoked;

       (f) RCW 46.61.5249, relating to operating a motor vehicle in a negligent manner.

       (4) A law enforcement officer investigating at the scene of a motor vehicle accident may arrest the driver of a motor vehicle involved in the accident if the officer has probable cause to believe that the driver has committed in connection with the accident a violation of any traffic law or regulation.

       (5) Any police officer having probable cause to believe that a person has committed or is committing a violation of RCW ((88.12.025)) 79A.60.040 shall have the authority to arrest the person.

       (6) An officer may act upon the request of a law enforcement officer in whose presence a traffic infraction was committed, to stop, detain, arrest, or issue a notice of traffic infraction to the driver who is believed to have committed the infraction. The request by the witnessing officer shall give an officer the authority to take appropriate action under the laws of the state of Washington.

       (7) Any police officer having probable cause to believe that a person has committed or is committing any act of indecent exposure, as defined in RCW 9A.88.010, may arrest the person.

       (8) A police officer may arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that an order has been issued of which the person has knowledge under chapter 10.14 RCW and the person has violated the terms of that order.

       (9) Any police officer having probable cause to believe that a person has, within twenty-four hours of the alleged violation, committed a violation of RCW 9A.50.020 may arrest such person.

       (10) A police officer having probable cause to believe that a person illegally possesses or illegally has possessed a firearm or other dangerous weapon on private or public elementary or secondary school premises shall have the authority to arrest the person.

       For purposes of this subsection, the term "firearm" has the meaning defined in RCW 9.41.010 and the term "dangerous weapon" has the meaning defined in RCW 9.41.250 and 9.41.280(1) (c) through (e).

       (11) Except as specifically provided in subsections (2), (3), (4), and (6) of this section, nothing in this section extends or otherwise affects the powers of arrest prescribed in Title 46 RCW.

       (12) No police officer may be held criminally or civilly liable for making an arrest pursuant to RCW 10.31.100 (2) or (8) if the police officer acts in good faith and without malice.

       Sec. 4. RCW 10.99.020 and 1997 c 338 s 53 are each amended to read as follows:

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

       (1) "Family or household members" means spouses, former spouses, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.

       (2) "Dating relationship" has the same meaning as in RCW 26.50.010.

       (3) "Domestic violence" includes but is not limited to any of the following crimes when committed by one family or household member against another:

       (a) Assault in the first degree (RCW 9A.36.011);

       (b) Assault in the second degree (RCW 9A.36.021);

       (c) Assault in the third degree (RCW 9A.36.031);

       (d) Assault in the fourth degree (RCW 9A.36.041);

       (e) Drive-by shooting (RCW 9A.36.045);

       (f) Reckless endangerment (RCW 9A.36.050);

       (g) Coercion (RCW 9A.36.070);

       (h) Burglary in the first degree (RCW 9A.52.020);

       (i) Burglary in the second degree (RCW 9A.52.030);

       (j) Criminal trespass in the first degree (RCW 9A.52.070);

       (k) Criminal trespass in the second degree (RCW 9A.52.080);

       (l) Malicious mischief in the first degree (RCW 9A.48.070);

       (m) Malicious mischief in the second degree (RCW 9A.48.080);

       (n) Malicious mischief in the third degree (RCW 9A.48.090);

       (o) Kidnapping in the first degree (RCW 9A.40.020);

       (p) Kidnapping in the second degree (RCW 9A.40.030);

       (q) Unlawful imprisonment (RCW 9A.40.040);

       (r) Violation of the provisions of a restraining order, no-contact order, or protection order restraining the person or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within a specified distance of a location (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, ((or)) 26.26.138, 26.50.060, 26.50.070, 26.50.130, 26.52.070, or section 2 of this act);

       (s) ((Violation of the provisions of a protection order or no-contact order restraining the person or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care (RCW 26.50.060, 26.50.070, 26.50.130, 10.99.040, or 10.99.050);

       (t))) Rape in the first degree (RCW 9A.44.040);

       (((u))) (t) Rape in the second degree (RCW 9A.44.050);

       (((v))) (u) Residential burglary (RCW 9A.52.025);

       (((w))) (v) Stalking (RCW 9A.46.110); and

       (((x))) (w) Interference with the reporting of domestic violence (RCW 9A.36.150).

       (4) "Victim" means a family or household member who has been subjected to domestic violence.

       Sec. 5. RCW 26.09.050 and 1995 c 93 s 2 are each amended to read as follows:

       (1) In entering a decree of dissolution of marriage, legal separation, or declaration of invalidity, the court shall determine the marital status of the parties, make provision for a parenting plan for any minor child of the marriage, make provision for the support of any child of the marriage entitled to support, consider or approve provision for the maintenance of either spouse, make provision for the disposition of property and liabilities of the parties, make provision for the allocation of the children as federal tax exemptions, make provision for any necessary continuing restraining orders including the provisions contained in RCW 9.41.800, make provision for the issuance within this action of the restraint provisions of a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW, and make provision for the change of name of any party.

       (2) Restraining orders issued under this section restraining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER ((26.09)) 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

       (3) The court shall order that any restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section, in addition to the law enforcement information sheet or proof of service of the order, be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.

       Sec. 6. RCW 26.09.060 and 1995 c 246 s 26 are each amended to read as follows:

       (1) In a proceeding for:

       (a) Dissolution of marriage, legal separation, or a declaration of invalidity; or

       (b) Disposition of property or liabilities, maintenance, or support following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse; either party may move for temporary maintenance or for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.

       (2) As a part of a motion for temporary maintenance or support or by independent motion accompanied by affidavit, either party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any person from:

       (a) Transferring, removing, encumbering, concealing, or in any way disposing of any property except in the usual course of business or for the necessities of life, and, if so restrained or enjoined, requiring him or her to notify the moving party of any proposed extraordinary expenditures made after the order is issued;

       (b) Molesting or disturbing the peace of the other party or of any child;

       (c) Going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child upon a showing of the necessity therefor;

       (d) Knowingly coming within, or knowingly remaining within a specified distance from a specified location;

       (e) Removing a child from the jurisdiction of the court.

       (3) Either party may request a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW on a temporary basis. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080. Ex parte orders issued under this subsection shall be effective for a fixed period not to exceed fourteen days, or upon court order, not to exceed twenty-four days if necessary to ensure that all temporary motions in the case can be heard at the same time.

       (4) In issuing the order, the court shall consider the provisions of RCW 9.41.800.

       (5) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.

       (6) The court may issue a temporary restraining order or preliminary injunction and an order for temporary maintenance or support in such amounts and on such terms as are just and proper in the circumstances. The court may in its discretion waive the filing of the bond or the posting of security.

       (7) Restraining orders issued under this section restraining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER ((26.09)) 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

       (8) The court shall order that any temporary restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.

       (9) A temporary order, temporary restraining order, or preliminary injunction:

       (a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;

       (b) May be revoked or modified;

       (c) Terminates when the final decree is entered, except as provided under subsection (10) of this section, or when the petition for dissolution, legal separation, or declaration of invalidity is dismissed;

       (d) May be entered in a proceeding for the modification of an existing decree.

       (10) Delinquent support payments accrued under an order for temporary support remain collectible and are not extinguished when a final decree is entered unless the decree contains specific language to the contrary. A support debt under a temporary order owed to the state for public assistance expenditures shall not be extinguished by the final decree if:

       (a) The obligor was given notice of the state's interest under chapter 74.20A RCW; or

       (b) The temporary order directs the obligor to make support payments to the office of support enforcement or the Washington state support registry.

       Sec. 7. RCW 26.10.040 and 1995 c 93 s 3 are each amended to read as follows:

       In entering an order under this chapter, the court shall consider, approve, or make provision for:

       (1) Child custody, visitation, and the support of any child entitled to support;

       (2) The allocation of the children as a federal tax exemption;

       (3) Any necessary continuing restraining orders, including the provisions contained in RCW 9.41.800;

       (4) A domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080;

       (5) Restraining orders issued under this section restraining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER ((26.10)) 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST;

       (6) The court shall order that any restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section, in addition to the law enforcement information sheet or proof of service of the order, be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.

       Sec. 8. RCW 26.10.115 and 1995 c 246 s 29 are each amended to read as follows:

       (1) In a proceeding under this chapter either party may file a motion for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amount requested.

       (2) In a proceeding under this chapter either party may file a motion for a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any person from:

       (a) Molesting or disturbing the peace of the other party or of any child;

       (b) Entering the family home or the home of the other party upon a showing of the necessity therefor;

       (c) Knowingly coming within, or knowingly remaining within a specified distance from a specified location;

       (d) Removing a child from the jurisdiction of the court.

       (3) Either party may request a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW on a temporary basis. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080. Ex parte orders issued under this subsection shall be effective for a fixed period not to exceed fourteen days, or upon court order, not to exceed twenty-four days if necessary to ensure that all temporary motions in the case can be heard at the same time.

       (4) In issuing the order, the court shall consider the provisions of RCW 9.41.800.

       (5) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.

       (6) The court may issue a temporary restraining order or preliminary injunction and an order for temporary support in such amounts and on such terms as are just and proper in the circumstances.

       (7) Restraining orders issued under this section restraining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER ((26.10)) 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

       (8) The court shall order that any temporary restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.

       (9) A temporary order, temporary restraining order, or preliminary injunction:

       (a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;

       (b) May be revoked or modified;

       (c) Terminates when the final order is entered or when the motion is dismissed;

       (d) May be entered in a proceeding for the modification of an existing order.

       (10) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection. Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding. An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding.

       Sec. 9. RCW 26.26.130 and 1997 c 58 s 947 are each amended to read as follows:

       (1) The judgment and order of the court determining the existence or nonexistence of the parent and child relationship shall be determinative for all purposes.

       (2) If the judgment and order of the court is at variance with the child's birth certificate, the court shall order that an amended birth certificate be issued.

       (3) The judgment and order shall contain other appropriate provisions directed to the appropriate parties to the proceeding, concerning the duty of current and future support, the extent of any liability for past support furnished to the child if that issue is before the court, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. The judgment and order may direct the father to pay the reasonable expenses of the mother's pregnancy and confinement. The judgment and order may include a continuing restraining order or injunction. In issuing the order, the court shall consider the provisions of RCW 9.41.800.

       (4) The judgment and order shall contain the social security numbers of all parties to the order.

       (5) Support judgment and orders shall be for periodic payments which may vary in amount. The court may limit the father's liability for the past support to the child to the proportion of the expenses already incurred as the court deems just. The court shall not limit or affect in any manner the right of nonparties including the state of Washington to seek reimbursement for support and other services previously furnished to the child.

       (6) After considering all relevant factors, the court shall order either or both parents to pay an amount determined pursuant to the schedule and standards contained in chapter 26.19 RCW.

       (7) On the same basis as provided in chapter 26.09 RCW, the court shall make residential provisions with regard to minor children of the parties, except that a parenting plan shall not be required unless requested by a party.

       (8) In any dispute between the natural parents of a child and a person or persons who have (a) commenced adoption proceedings or who have been granted an order of adoption, and (b) pursuant to a court order, or placement by the department of social and health services or by a licensed agency, have had actual custody of the child for a period of one year or more before court action is commenced by the natural parent or parents, the court shall consider the best welfare and interests of the child, including the child's need for situation stability, in determining the matter of custody, and the parent or person who is more fit shall have the superior right to custody.

       (9) In entering an order under this chapter, the court may issue any necessary continuing restraining orders, including the restraint provisions of domestic violence protection orders under chapter 26.50 RCW or antiharassment protection orders under chapter 10.14 RCW.

       (10) Restraining orders issued under this section restraining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER ((26.26)) 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

       (11) The court shall order that any restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.

       Sec. 10. RCW 26.26.137 and 1995 c 246 s 32 are each amended to read as follows:

       (1) If the court has made a finding as to the paternity of a child, or if a party's acknowledgment of paternity has been filed with the court, or a party alleges he is the father of the child, any party may move for temporary support for the child prior to the date of entry of the final order. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.

       (2) Any party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any party from:

       (a) Molesting or disturbing the peace of another party;

       (b) Going onto the grounds of or entering the home, workplace, or school of another party or the day care or school of any child; or

       (c) Knowingly coming within, or knowingly remaining within a specified distance from a specified location; or

       (d) Removing a child from the jurisdiction of the court.

       (3) Either party may request a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW on a temporary basis. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080. Ex parte orders issued under this subsection shall be effective for a fixed period not to exceed fourteen days, or upon court order, not to exceed twenty-four days if necessary to ensure that all temporary motions in the case can be heard at the same time.

       (4) Restraining orders issued under this section restraining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER ((26.26)) 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

       (5) The court shall order that any temporary restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.

       (6) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.

       (7) The court may issue a temporary restraining order or preliminary injunction and an order for temporary support in such amounts and on such terms as are just and proper in the circumstances. In issuing the order, the court shall consider the provisions of RCW 9.41.800.

       (8) A temporary order, temporary restraining order, or preliminary injunction:

       (a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;

       (b) May be revoked or modified;

       (c) Terminates when the final order is entered or when the petition is dismissed; and

       (d) May be entered in a proceeding for the modification of an existing order.

       (9) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection. Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding. An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding.

       Sec. 11. RCW 26.50.060 and 1999 c 147 s 2 are each amended to read as follows:

       (1) Upon notice and after hearing, the court may provide relief as follows:

       (a) Restrain the respondent from committing acts of domestic violence;

       (b) Exclude the respondent from the dwelling which the parties share, from the residence, workplace, or school of the petitioner, or from the day care or school of a child;

       (c) Prohibit the respondent from knowingly coming within, or knowingly remaining within a specified distance from a specified location;

       (d) On the same basis as is provided in chapter 26.09 RCW, the court shall make residential provision with regard to minor children of the parties. However, parenting plans as specified in chapter 26.09 RCW shall not be required under this chapter;

       (((d))) (e) Order the respondent to participate in a domestic violence perpetrator treatment program approved under RCW 26.50.150;

       (((e))) (f) Order other relief as it deems necessary for the protection of the petitioner and other family or household members sought to be protected, including orders or directives to a peace officer, as allowed under this chapter;

       (((f))) (g) Require the respondent to pay the administrative court costs and service fees, as established by the county or municipality incurring the expense and to reimburse the petitioner for costs incurred in bringing the action, including a reasonable attorney's fee;

       (((g))) (h) Restrain the respondent from having any contact with the victim of domestic violence or the victim's children or members of the victim's household;

       (((h))) (i) Require the respondent to submit to electronic monitoring. The order shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The order also may include a requirement that the respondent pay the costs of the monitoring. The court shall consider the ability of the respondent to pay for electronic monitoring;

       (((i))) (j) Consider the provisions of RCW 9.41.800;

       (((j))) (k) Order possession and use of essential personal effects. The court shall list the essential personal effects with sufficient specificity to make it clear which property is included; and

       (((k))) (l) Order use of a vehicle.

       (2) If a ((restraining)) protection order restrains the respondent from contacting the respondent's minor children the restraint shall be for a fixed period not to exceed one year. This limitation is not applicable to orders for protection issued under chapter 26.09, 26.10, or 26.26 RCW. With regard to other relief, if the petitioner has petitioned for relief on his or her own behalf or on behalf of the petitioner's family or household members or minor children, and the court finds that the respondent is likely to resume acts of domestic violence against the petitioner or the petitioner's family or household members or minor children when the order expires, the court may either grant relief for a fixed period or enter a permanent order of protection.

       If the petitioner has petitioned for relief on behalf of the respondent's minor children, the court shall advise the petitioner that if the petitioner wants to continue protection for a period beyond one year the petitioner may either petition for renewal pursuant to the provisions of this chapter or may seek relief pursuant to the provisions of chapter 26.09 or 26.26 RCW.

       (3) If the court grants an order for a fixed time period, the petitioner may apply for renewal of the order by filing a petition for renewal at any time within the three months before the order expires. The petition for renewal shall state the reasons why the petitioner seeks to renew the protection order. Upon receipt of the petition for renewal the court shall order a hearing which shall be not later than fourteen days from the date of the order. Except as provided in RCW 26.50.085, personal service shall be made on the respondent not less than five days before the hearing. If timely service cannot be made the court shall set a new hearing date and shall either require additional attempts at obtaining personal service or permit service by publication as provided in RCW 26.50.085 or by mail as provided in RCW 26.50.123. If the court permits service by publication or mail, the court shall set the new hearing date not later than twenty-four days from the date of the order. If the order expires because timely service cannot be made the court shall grant an ex parte order of protection as provided in RCW 26.50.070. The court shall grant the petition for renewal unless the respondent proves by a preponderance of the evidence that the respondent will not resume acts of domestic violence against the petitioner or the petitioner's children or family or household members when the order expires. The court may renew the protection order for another fixed time period or may enter a permanent order as provided in this section. The court may award court costs, service fees, and reasonable attorneys' fees as provided in subsection (1)(f) of this section.

       (4) In providing relief under this chapter, the court may realign the designation of the parties as "petitioner" and "respondent" where the court finds that the original petitioner is the abuser and the original respondent is the victim of domestic violence and may issue an ex parte temporary order for protection in accordance with RCW 26.50.070 on behalf of the victim until the victim is able to prepare a petition for an order for protection in accordance with RCW 26.50.030.

       (5) Except as provided in subsection (4) of this section, no order for protection shall grant relief to any party except upon notice to the respondent and hearing pursuant to a petition or counter-petition filed and served by the party seeking relief in accordance with RCW 26.50.050.

       (6) The court order shall specify the date the order expires if any. The court order shall also state whether the court issued the protection order following personal service, service by publication, or service by mail and whether the court has approved service by publication or mail of an order issued under this section.

       (7) If the court declines to issue an order for protection or declines to renew an order for protection, the court shall state in writing on the order the particular reasons for the court's denial.

       Sec. 12. RCW 26.50.070 and 1996 c 248 s 14 are each amended to read as follows:

       (1) Where an application under this section alleges that irreparable injury could result from domestic violence if an order is not issued immediately without prior notice to the respondent, the court may grant an ex parte temporary order for protection, pending a full hearing, and grant relief as the court deems proper, including an order:

       (a) Restraining any party from committing acts of domestic violence;

       (b) Restraining any party from going onto the grounds of or entering the dwelling that the parties share, from the residence, workplace, or school of the other, or from the day care or school of a child until further order of the court;

       (c) Prohibiting any party from knowingly coming within, or knowingly remaining within a specified distance from a specified location;

       (d) Restraining any party from interfering with the other's custody of the minor children or from removing the children from the jurisdiction of the court;

       (((d))) (e) Restraining any party from having any contact with the victim of domestic violence or the victim's children or members of the victim's household; and

       (((e))) (f) Considering the provisions of RCW 9.41.800.

       (2) Irreparable injury under this section includes but is not limited to situations in which the respondent has recently threatened petitioner with bodily injury or has engaged in acts of domestic violence against the petitioner.

       (3) The court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day.

       (4) An ex parte temporary order for protection shall be effective for a fixed period not to exceed fourteen days or twenty-four days if the court has permitted service by publication under RCW 26.50.085 or by mail under RCW 26.50.123. The ex parte order may be reissued. A full hearing, as provided in this chapter, shall be set for not later than fourteen days from the issuance of the temporary order or not later than twenty-four days if service by publication or by mail is permitted. Except as provided in RCW 26.50.050, 26.50.085, and 26.50.123, the respondent shall be personally served with a copy of the ex parte order along with a copy of the petition and notice of the date set for the hearing.

       (5) Any order issued under this section shall contain the date and time of issuance and the expiration date and shall be entered into a state-wide judicial information system by the clerk of the court within one judicial day after issuance.

       (6) If the court declines to issue an ex parte temporary order for protection the court shall state the particular reasons for the court's denial. The court's denial of a motion for an ex parte order of protection shall be filed with the court.

       Sec. 13. RCW 9.94A.320 and 1999 c 352 s 3, 1999 c 322 s 5, and 1999 c 45 s 4 are each reenacted and amended to read as follows:

       TABLE 2


CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

 

XVI                       Aggravated Murder 1 (RCW 10.95.020)

 XV                       Homicide by abuse (RCW 9A.32.055)

                              Malicious explosion 1 (RCW 70.74.280(1))

                              Murder 1 (RCW 9A.32.030)

XIV                       Murder 2 (RCW 9A.32.050)

XIII                       Malicious explosion 2 (RCW 70.74.280(2))

                              Malicious placement of an explosive 1 (RCW 70.74.270(1))

 XII                       Assault 1 (RCW 9A.36.011)

                              Assault of a Child 1 (RCW 9A.36.120)

                              Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))

                              Rape 1 (RCW 9A.44.040)

                              Rape of a Child 1 (RCW 9A.44.073)

   XI                       Manslaughter 1 (RCW 9A.32.060)

                              Rape 2 (RCW 9A.44.050)

                              Rape of a Child 2 (RCW 9A.44.076)

    X                       Child Molestation 1 (RCW 9A.44.083)

                              Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))

                              Kidnapping 1 (RCW 9A.40.020)

                              Leading Organized Crime (RCW 9A.82.060(1)(a))

                              Malicious explosion 3 (RCW 70.74.280(3))

                              Manufacture of methamphetamine (RCW 69.50.401(a)(1)(ii))

                              Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)

   IX                       Assault of a Child 2 (RCW 9A.36.130)

                              Controlled Substance Homicide (RCW 69.50.415)

                              Explosive devices prohibited (RCW 70.74.180)

                              Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW ((88.12.029)) 79A.60.050)

                              Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))

                              Malicious placement of an explosive 2 (RCW 70.74.270(2))

                              Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)

                              Robbery 1 (RCW 9A.56.200)

                              Sexual Exploitation (RCW 9.68A.040)

                              Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)

VIII                       Arson 1 (RCW 9A.48.020)

                              Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))

                              Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW ((88.12.029)) 79A.60.050)

                              Manslaughter 2 (RCW 9A.32.070)

                              Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(a)(1)(ii))

                              Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))

                              Possession of ephedrine or pseudoephedrine with intent to manufacture methamphetamine (RCW 69.50.440)

                              Promoting Prostitution 1 (RCW 9A.88.070)

                              Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)

                              Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)

 VII                       Burglary 1 (RCW 9A.52.020)

                              Child Molestation 2 (RCW 9A.44.086)

                              Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)

                              Drive-by Shooting (RCW 9A.36.045)

                              Homicide by Watercraft, by disregard for the safety of others (RCW ((88.12.029)) 79A.60.050)

                              Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))

                              Introducing Contraband 1 (RCW 9A.76.140)

                              Involving a minor in drug dealing (RCW 69.50.401(f))

                              Malicious placement of an explosive 3 (RCW 70.74.270(3))

                              Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)

                              Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))

                              Use of a Machine Gun in Commission of a Felony (RCW 9.41.225)

                              Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)

   VI                       Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))

                              Bribery (RCW 9A.68.010)

                              Incest 1 (RCW 9A.64.020(1))

                              Intimidating a Judge (RCW 9A.72.160)

                              Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)

                              Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))

                              Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) or flunitrazepam from Schedule IV (RCW 69.50.401(a)(1)(i))

                              Rape of a Child 3 (RCW 9A.44.079)

                              Theft of a Firearm (RCW 9A.56.300)

    V                       Abandonment of dependent person 1 (RCW 9A.42.060)

                              Advancing money or property for extortionate extension of credit (RCW 9A.82.030)

                              Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))

                              Child Molestation 3 (RCW 9A.44.089)

                              Criminal Mistreatment 1 (RCW 9A.42.020)

                              Custodial Sexual Misconduct 1 (RCW 9A.44.160)

                              Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))

                              Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or section 2 of this act)

                              Extortion 1 (RCW 9A.56.120)

                              Extortionate Extension of Credit (RCW 9A.82.020)

                              Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)

                              Incest 2 (RCW 9A.64.020(2))

                              Kidnapping 2 (RCW 9A.40.030)

                              ((On and after July 1, 2000: No-Contact Order Violation: Domestic Violence Pretrial Condition (RCW 10.99.040(4) (b) and (c))

                              On and after July 1, 2000: No-Contact Order Violation: Domestic Violence Sentence Condition (RCW 10.99.050(2))

                              On and after July 1, 2000: Protection Order Violation: Domestic Violence Civil Action (RCW 26.50.110 (4) and (5))

                              On and after July 1, 2000: Stalking (RCW 9A.46.110)))

                              Perjury 1 (RCW 9A.72.020)

                              Persistent prison misbehavior (RCW 9.94.070)

                              Possession of a Stolen Firearm (RCW 9A.56.310)

                              Rape 3 (RCW 9A.44.060)

                              Rendering Criminal Assistance 1 (RCW 9A.76.070)

                              Sexual Misconduct with a Minor 1 (RCW 9A.44.093)

                              Sexually Violating Human Remains (RCW 9A.44.105)

                              Stalking (RCW 9A.46.110)

   IV                       Arson 2 (RCW 9A.48.030)

                              Assault 2 (RCW 9A.36.021)

                              Assault by Watercraft (RCW ((88.12.032)) 79A.60.060)

                              Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)

                              Commercial Bribery (RCW 9A.68.060)

                              Counterfeiting (RCW 9.16.035(4))

                              Escape 1 (RCW 9A.76.110)

                              Hit and Run--Injury Accident (RCW 46.52.020(4))

                              Hit and Run with Vessel--Injury Accident (RCW ((88.12.155(3))) 79A.60.200(3))

                              Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)

                              Influencing Outcome of Sporting Event (RCW 9A.82.070)

                              Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))

                              Malicious Harassment (RCW 9A.36.080)

                              Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401(a)(1) (iii) through (v))

                              Residential Burglary (RCW 9A.52.025)

                              Robbery 2 (RCW 9A.56.210)

                              Theft of Livestock 1 (RCW 9A.56.080)

                              Threats to Bomb (RCW 9.61.160)

                              Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))

                              Vehicular Assault (RCW 46.61.522)

                              Willful Failure to Return from Furlough (RCW 72.66.060)

   III                       Abandonment of dependent person 2 (RCW 9A.42.070)

                              Assault 3 (RCW 9A.36.031)

                              Assault of a Child 3 (RCW 9A.36.140)

                              Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))

                              Burglary 2 (RCW 9A.52.030)

                              Communication with a Minor for Immoral Purposes (RCW 9.68A.090)

                              Criminal Gang Intimidation (RCW 9A.46.120)

                              Criminal Mistreatment 2 (RCW 9A.42.030)

                              Custodial Assault (RCW 9A.36.100)

                              Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))

                              Escape 2 (RCW 9A.76.120)

                              Extortion 2 (RCW 9A.56.130)

                              Harassment (RCW 9A.46.020)

                              Intimidating a Public Servant (RCW 9A.76.180)

                              Introducing Contraband 2 (RCW 9A.76.150)

                              Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(a)(6))

                              Malicious Injury to Railroad Property (RCW 81.60.070)

                              Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(iii))

                              Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))

                              Patronizing a Juvenile Prostitute (RCW 9.68A.100)

                              Perjury 2 (RCW 9A.72.030)

                              Possession of Incendiary Device (RCW 9.40.120)

                              Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190)

                              Promoting Prostitution 2 (RCW 9A.88.080)

                              Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))

                              Securities Act violation (RCW 21.20.400)

                              Tampering with a Witness (RCW 9A.72.120)

                              Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230)

                              Theft of Livestock 2 (RCW 9A.56.080)

                              Unlawful Imprisonment (RCW 9A.40.040)

                              Unlawful possession of firearm in the second degree (RCW 9.41.040(1)(b))

                              Unlawful Use of Building for Drug Purposes (RCW 69.53.010)

                              Willful Failure to Return from Work Release (RCW 72.65.070)

    II                       Computer Trespass 1 (RCW 9A.52.110)

                              Counterfeiting (RCW 9.16.035(3))

                              Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))

                              Escape from Community Custody (RCW 72.09.310)

                              Health Care False Claims (RCW 48.80.030)

                              Malicious Mischief 1 (RCW 9A.48.070)

                              Possession of controlled substance that is either heroin or narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(d))

                              Possession of phencyclidine (PCP) (RCW 69.50.401(d))

                              Possession of Stolen Property 1 (RCW 9A.56.150)

                              Theft 1 (RCW 9A.56.030)

                              Theft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more) (RCW 9A.56.096(4))

                              Trafficking in Insurance Claims (RCW 48.30A.015)

                              Unlawful Practice of Law (RCW 2.48.180)

                              Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))

      I                       Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

                              False Verification for Welfare (RCW 74.08.055)

                              Forged Prescription (RCW 69.41.020)

                              Forged Prescription for a Controlled Substance (RCW 69.50.403)

                              Forgery (RCW 9A.60.020)

                              Malicious Mischief 2 (RCW 9A.48.080)

                              Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine or flunitrazepam) (RCW 69.50.401(d))

                              Possession of Stolen Property 2 (RCW 9A.56.160)

                              Reckless Burning 1 (RCW 9A.48.040)

                              Taking Motor Vehicle Without Permission (RCW 9A.56.070)

                              Theft 2 (RCW 9A.56.040)

                              Theft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less than one thousand five hundred dollars) (RCW 9A.56.096(4))

                              Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)

                              Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))

                              Vehicle Prowl 1 (RCW 9A.52.095)

       Sec. 14. RCW 9.94A.440 and 1999 c 322 s 6 and 1999 c 196 s 11 are each reenacted and amended to read as follows:

       (1) Decision not to prosecute.

       STANDARD: A prosecuting attorney may decline to prosecute, even though technically sufficient evidence to prosecute exists, in situations where prosecution would serve no public purpose, would defeat the underlying purpose of the law in question or would result in decreased respect for the law.

       GUIDELINE/COMMENTARY:

       Examples

       The following are examples of reasons not to prosecute which could satisfy the standard.

       (a) Contrary to Legislative Intent - It may be proper to decline to charge where the application of criminal sanctions would be clearly contrary to the intent of the legislature in enacting the particular statute.

       (b) Antiquated Statute - It may be proper to decline to charge where the statute in question is antiquated in that:

       (i) It has not been enforced for many years; and

       (ii) Most members of society act as if it were no longer in existence; and

       (iii) It serves no deterrent or protective purpose in today's society; and

       (iv) The statute has not been recently reconsidered by the legislature.

       This reason is not to be construed as the basis for declining cases because the law in question is unpopular or because it is difficult to enforce.

       (c) De Minimus Violation - It may be proper to decline to charge where the violation of law is only technical or insubstantial and where no public interest or deterrent purpose would be served by prosecution.

       (d) Confinement on Other Charges - It may be proper to decline to charge because the accused has been sentenced on another charge to a lengthy period of confinement; and

       (i) Conviction of the new offense would not merit any additional direct or collateral punishment;

       (ii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and

       (iii) Conviction of the new offense would not serve any significant deterrent purpose.

       (e) Pending Conviction on Another Charge - It may be proper to decline to charge because the accused is facing a pending prosecution in the same or another county; and

       (i) Conviction of the new offense would not merit any additional direct or collateral punishment;

       (ii) Conviction in the pending prosecution is imminent;

       (iii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and

       (iv) Conviction of the new offense would not serve any significant deterrent purpose.

       (f) High Disproportionate Cost of Prosecution - It may be proper to decline to charge where the cost of locating or transporting, or the burden on, prosecution witnesses is highly disproportionate to the importance of prosecuting the offense in question. This reason should be limited to minor cases and should not be relied upon in serious cases.

       (g) Improper Motives of Complainant - It may be proper to decline charges because the motives of the complainant are improper and prosecution would serve no public purpose, would defeat the underlying purpose of the law in question or would result in decreased respect for the law.

       (h) Immunity - It may be proper to decline to charge where immunity is to be given to an accused in order to prosecute another where the accused's information or testimony will reasonably lead to the conviction of others who are responsible for more serious criminal conduct or who represent a greater danger to the public interest.

       (i) Victim Request - It may be proper to decline to charge because the victim requests that no criminal charges be filed and the case involves the following crimes or situations:

       (i) Assault cases where the victim has suffered little or no injury;

       (ii) Crimes against property, not involving violence, where no major loss was suffered;

       (iii) Where doing so would not jeopardize the safety of society.

       Care should be taken to insure that the victim's request is freely made and is not the product of threats or pressure by the accused.

       The presence of these factors may also justify the decision to dismiss a prosecution which has been commenced.

       Notification

       The prosecutor is encouraged to notify the victim, when practical, and the law enforcement personnel, of the decision not to prosecute.

       (2) Decision to prosecute.

       (a) STANDARD:

       Crimes against persons will be filed if sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify conviction by a reasonable and objective fact-finder. With regard to offenses prohibited by RCW 9A.44.040, 9A.44.050, 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, 9A.44.089, and 9A.64.020 the prosecutor should avoid prefiling agreements or diversions intended to place the accused in a program of treatment or counseling, so that treatment, if determined to be beneficial, can be provided pursuant to RCW 9.94A.120(8).

       Crimes against property/other crimes will be filed if the admissible evidence is of such convincing force as to make it probable that a reasonable and objective fact-finder would convict after hearing all the admissible evidence and the most plausible defense that could be raised.

       See table below for the crimes within these categories.


CATEGORIZATION OF CRIMES FOR PROSECUTING STANDARDS


       CRIMES AGAINST PERSONS

       Aggravated Murder

       1st Degree Murder

       2nd Degree Murder

       1st Degree Kidnaping

       1st Degree Assault

       1st Degree Assault of a Child

       1st Degree Rape

       1st Degree Robbery

       1st Degree Rape of a Child

       1st Degree Arson

       2nd Degree Kidnaping

       2nd Degree Assault

       2nd Degree Assault of a Child

       2nd Degree Rape

       2nd Degree Robbery

       1st Degree Burglary

       1st Degree Manslaughter

       2nd Degree Manslaughter

       1st Degree Extortion

       Indecent Liberties

       Incest

       2nd Degree Rape of a Child

       Vehicular Homicide

       Vehicular Assault

       3rd Degree Rape

       3rd Degree Rape of a Child

       1st Degree Child Molestation

       2nd Degree Child Molestation

       3rd Degree Child Molestation

       2nd Degree Extortion

       1st Degree Promoting Prostitution

       Intimidating a Juror

       Communication with a Minor

       Intimidating a Witness

       Intimidating a Public Servant

       Bomb Threat (if against person)

       3rd Degree Assault

       3rd Degree Assault of a Child

       Unlawful Imprisonment

       Promoting a Suicide Attempt

       Riot (if against person)

       Stalking

       Custodial Assault

       ((No-Contact Order-Domestic Violence Pretrial (RCW 10.99.040(4) (b) and (c))

       No-Contact Order-Domestic Violence Sentence (RCW 10.99.050(2))

       Protection Order-Domestic Violence Civil (RCW 26.50.110 (4) and (5))))

       Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or section 2 of this act)

       Counterfeiting (if a violation of RCW 9.16.035(4))


       CRIMES AGAINST PROPERTY/OTHER CRIMES

       2nd Degree Arson

       1st Degree Escape

       2nd Degree Burglary

       1st Degree Theft

       1st Degree Perjury

       1st Degree Introducing Contraband

       1st Degree Possession of Stolen Property

       Bribery

       Bribing a Witness

       Bribe received by a Witness

       Bomb Threat (if against property)

       1st Degree Malicious Mischief

       2nd Degree Theft

       2nd Degree Escape

       2nd Degree Introducing Contraband

       2nd Degree Possession of Stolen Property

       2nd Degree Malicious Mischief

       1st Degree Reckless Burning

       Taking a Motor Vehicle without Authorization

       Forgery

       2nd Degree Perjury

       2nd Degree Promoting Prostitution

       Tampering with a Witness

       Trading in Public Office

       Trading in Special Influence

       Receiving/Granting Unlawful Compensation

       Bigamy

       Eluding a Pursuing Police Vehicle

       Willful Failure to Return from Furlough

       Escape from Community Custody

       Riot (if against property)

       Thefts of Livestock


       ALL OTHER UNCLASSIFIED FELONIES

       Selection of Charges/Degree of Charge

       (i) The prosecutor should file charges which adequately describe the nature of defendant's conduct. Other offenses may be charged only if they are necessary to ensure that the charges:

       (A) Will significantly enhance the strength of the state's case at trial; or

       (B) Will result in restitution to all victims.

       (ii) The prosecutor should not overcharge to obtain a guilty plea. Overcharging includes:

       (A) Charging a higher degree;

       (B) Charging additional counts.

       This standard is intended to direct prosecutors to charge those crimes which demonstrate the nature and seriousness of a defendant's criminal conduct, but to decline to charge crimes which are not necessary to such an indication. Crimes which do not merge as a matter of law, but which arise from the same course of conduct, do not all have to be charged.


       (b) GUIDELINES/COMMENTARY:

       (i) Police Investigation

       A prosecuting attorney is dependent upon law enforcement agencies to conduct the necessary factual investigation which must precede the decision to prosecute. The prosecuting attorney shall ensure that a thorough factual investigation has been conducted before a decision to prosecute is made. In ordinary circumstances the investigation should include the following:

       (A) The interviewing of all material witnesses, together with the obtaining of written statements whenever possible;

       (B) The completion of necessary laboratory tests; and

       (C) The obtaining, in accordance with constitutional requirements, of the suspect's version of the events.

       If the initial investigation is incomplete, a prosecuting attorney should insist upon further investigation before a decision to prosecute is made, and specify what the investigation needs to include.

       (ii) Exceptions

       In certain situations, a prosecuting attorney may authorize filing of a criminal complaint before the investigation is complete if:

       (A) Probable cause exists to believe the suspect is guilty; and

       (B) The suspect presents a danger to the community or is likely to flee if not apprehended; or

       (C) The arrest of the suspect is necessary to complete the investigation of the crime.

       In the event that the exception to the standard is applied, the prosecuting attorney shall obtain a commitment from the law enforcement agency involved to complete the investigation in a timely manner. If the subsequent investigation does not produce sufficient evidence to meet the normal charging standard, the complaint should be dismissed.

       (iii) Investigation Techniques

       The prosecutor should be fully advised of the investigatory techniques that were used in the case investigation including:

       (A) Polygraph testing;

       (B) Hypnosis;

       (C) Electronic surveillance;

       (D) Use of informants.

       (iv) Pre-Filing Discussions with Defendant

       Discussions with the defendant or his/her representative regarding the selection or disposition of charges may occur prior to the filing of charges, and potential agreements can be reached.

       (v) Pre-Filing Discussions with Victim(s)

       Discussions with the victim(s) or victims' representatives regarding the selection or disposition of charges may occur before the filing of charges. The discussions may be considered by the prosecutor in charging and disposition decisions, and should be considered before reaching any agreement with the defendant regarding these decisions.

       Sec. 15. RCW 10.99.040 and 1997 c 338 s 54 are each amended to read as follows:

       (1) Because of the serious nature of domestic violence, the court in domestic violence actions:

       (a) Shall not dismiss any charge or delay disposition because of concurrent dissolution or other civil proceedings;

       (b) Shall not require proof that either party is seeking a dissolution of marriage prior to instigation of criminal proceedings;

       (c) Shall waive any requirement that the victim's location be disclosed to any person, other than the attorney of a criminal defendant, upon a showing that there is a possibility of further violence: PROVIDED, That the court may order a criminal defense attorney not to disclose to his or her client the victim's location; and

       (d) Shall identify by any reasonable means on docket sheets those criminal actions arising from acts of domestic violence.

       (2) Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when any person charged with or arrested for a crime involving domestic violence is released from custody before arraignment or trial on bail or personal recognizance, the court authorizing the release may prohibit that person from having any contact with the victim. The jurisdiction authorizing the release shall determine whether that person should be prohibited from having any contact with the victim. If there is no outstanding restraining or protective order prohibiting that person from having contact with the victim, the court authorizing release may issue, by telephone, a no-contact order prohibiting the person charged or arrested from having contact with the victim. In issuing the order, the court shall consider the provisions of RCW 9.41.800. The no-contact order shall also be issued in writing as soon as possible.

       (3) At the time of arraignment the court shall determine whether a no-contact order shall be issued or extended. If a no-contact order is issued or extended, the court may also include in the conditions of release a requirement that the defendant submit to electronic monitoring. If electronic monitoring is ordered, the court shall specify who shall provide the monitoring services, and the terms under which the monitoring shall be performed. Upon conviction, the court may require as a condition of the sentence that the defendant reimburse the providing agency for the costs of the electronic monitoring.

       (4)(a) Willful violation of a court order issued under subsection (2) or (3) of this section is ((a gross misdemeanor except as provided in (b) and (c) of this subsection (4). Upon conviction and in addition to other penalties provided by law, the court may require that the defendant submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The court also may include a requirement that the defendant pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring.

       (b) Any assault that is a violation of an order issued under this section and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony punishable under chapter 9A.20 RCW, and any conduct in violation of a protective order issued under this section that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony punishable under chapter 9A.20 RCW.

       (c) A willful violation of a court order issued under this section is a class C felony if the offender has at least two previous convictions for violating the provisions of a no-contact order issued under this chapter, a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order issued under Washington law. The previous convictions may involve the same victim or other victims specifically protected by the no-contact orders or protection orders the offender violated)) punishable under RCW 26.50.110.

       (((d))) (b) The written order releasing the person charged or arrested shall contain the court's directives and shall bear the legend: "Violation of this order is a criminal offense under chapter ((10.99)) 26.50 RCW and will subject a violator to arrest; any assault, drive-by shooting, or reckless endangerment that is a violation of this order is a felony. You can be arrested even if any person protected by the order invites or allows you to violate the order's prohibitions. You have the sole responsibility to avoid or refrain from violating the order's provisions. Only the court can change the order." A certified copy of the order shall be provided to the victim. If a no-contact order has been issued prior to charging, that order shall expire at arraignment or within seventy-two hours if charges are not filed. Such orders need not be entered into the computer-based criminal intelligence information system in this state which is used by law enforcement agencies to list outstanding warrants.

       (5) Whenever an order prohibiting contact is issued, modified, or terminated under subsection (2) or (3) of this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall forthwith enter the order for one year or until the expiration date specified on the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state.

       Sec. 16. RCW 10.99.050 and 1997 c 338 s 55 are each amended to read as follows:

       (1) When a defendant is found guilty of a crime and a condition of the sentence restricts the defendant's ability to have contact with the victim, such condition shall be recorded and a written certified copy of that order shall be provided to the victim.

       (2) Willful violation of a court order issued under this section is ((a gross misdemeanor. Any assault that is a violation of an order issued under this section and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony, and any conduct in violation of a protective order issued under this section that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony. A willful violation of a court order issued under this section is also a class C felony if the offender has at least two previous convictions for violating the provisions of a no-contact order issued under this chapter, or a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order that is issued under Washington law. The previous convictions may involve the same victim or other victims specifically protected by the no-contact orders or protection orders the offender violated)) punishable under RCW 26.50.110.

       The written order shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter ((10.99)) 26.50 RCW and will subject a violator to arrest; any assault, drive-by shooting, or reckless endangerment that is a violation of this order is a felony.

       (3) Whenever an order prohibiting contact is issued pursuant to this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall forthwith enter the order for one year into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state.

       Sec. 17. RCW 26.09.300 and 1996 c 248 s 9 are each amended to read as follows:

       (1) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within a specified distance of a location, is ((a misdemeanor)) punishable under RCW 26.50.110.

       (2) A person is deemed to have notice of a restraining order if:

       (a) The person to be restrained or the person's attorney signed the order;

       (b) The order recites that the person to be restrained or the person's attorney appeared in person before the court;

       (c) The order was served upon the person to be restrained; or

       (d) The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

       (3) A peace officer shall verify the existence of a restraining order by:

       (a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or

       (b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

       (4) A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

       (a) A restraining order has been issued under this chapter;

       (b) The respondent or person to be restrained knows of the order; and

       (c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within a specified distance of a location.

       (5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule.

       (6) No peace officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice.

       Sec. 18. RCW 26.10.220 and 1999 c 184 s 11 are each amended to read as follows:

       (1) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within a specified distance of a location, is ((a gross misdemeanor)) punishable under RCW 26.50.110.

       (2) A person is deemed to have notice of a restraining order if:

       (a) The person to be restrained or the person's attorney signed the order;

       (b) The order recites that the person to be restrained or the person's attorney appeared in person before the court;

       (c) The order was served upon the person to be restrained; or

       (d) The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

       (3) A peace officer shall verify the existence of a restraining order by:

       (a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or

       (b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

       (4) A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

       (a) A restraining order has been issued under this chapter;

       (b) The respondent or person to be restrained knows of the order; and

       (c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within a specified distance of a location.

       (5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule.

       (6) No peace officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice.

       Sec. 19. RCW 26.26.138 and 1999 c 184 s 12 are each amended to read as follows:

       (1) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within a specified distance of a location, is ((a gross misdemeanor)) punishable under RCW 26.50.110.

       (2) A person is deemed to have notice of a restraining order if:

       (a) The person to be restrained or the person's attorney signed the order;

       (b) The order recites that the person to be restrained or the person's attorney appeared in person before the court;

       (c) The order was served upon the person to be restrained; or

       (d) The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

       (3) A peace officer shall verify the existence of a restraining order by:

       (a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or

       (b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

       (4) A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

       (a) A restraining order has been issued under this chapter;

       (b) The respondent or person to be restrained knows of the order; and

       (c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within a specified distance of a location.

       (5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule.

       (6) No peace officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice.

       Sec. 20. RCW 26.50.110 and 1996 c 248 s 16 are each amended to read as follows:

       (1) Whenever an order ((for protection)) is granted under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or there is a valid foreign protection order as defined in RCW 26.52.020, and the respondent or person to be restrained knows of the order, a violation of the restraint provisions, or of a provision excluding the person from a residence, workplace, school, or day care, or of a provision prohibiting a person from knowingly coming within, or knowingly remaining within a specified distance of a location, or of a provision of a foreign protection order specifically indicating that a violation will be a crime for which an arrest is required under RCW 10.31.100(2) (a) or (b), is a gross misdemeanor except as provided in subsections (4) and (5) of this section. Upon conviction, and in addition to any other penalties provided by law, the court may require that the respondent submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services, and the terms under which the monitoring shall be performed. The order also may include a requirement that the respondent pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring.

       (2) A peace officer shall arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated an order issued under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or a valid foreign protection order as defined in RCW 26.52.020, that restrains the person or excludes the person from a residence, workplace, school, or day care, or prohibits the person from knowingly coming within, or knowingly remaining within a specified distance of a location, if the person restrained knows of the order. Presence of the order in the law enforcement computer-based criminal intelligence information system is not the only means of establishing knowledge of the order.

       (3) A violation of an order ((for protection)) issued under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a valid foreign protection order as defined in RCW 26.52.020, shall also constitute contempt of court, and is subject to the penalties prescribed by law.

       (4) Any assault that is a violation of an order issued under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a valid foreign protection order as defined in RCW 26.52.020, and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony, and any conduct in violation of ((a protective)) such an order ((issued under this chapter)) that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony.

       (5) A violation of a court order issued under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a valid foreign protection order as defined in RCW 26.52.020, is a class C felony if the offender has at least two previous convictions for violating the provisions of ((a no-contact)) an order issued under chapter 10.99 ((RCW, a domestic violence protection order issued under chapter 26.09, 26.10, or 26.26 RCW or this chapter, or any federal or out-of-state order that is comparable to a no-contact or protection order issued under Washington law)), 26.09, 26.10, 26.26, or 74.34 RCW, or a valid foreign protection order as defined in RCW 26.52.020. The previous convictions may involve the same victim or other victims specifically protected by the ((no-contact orders or protection)) orders the offender violated.

       (6) Upon the filing of an affidavit by the petitioner or any peace officer alleging that the respondent has violated an order ((for protection)) granted under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or a valid foreign protection order as defined in RCW 26.52.020, the court may issue an order to the respondent, requiring the respondent to appear and show cause within fourteen days why the respondent should not be found in contempt of court and punished accordingly. The hearing may be held in the court of any county or municipality in which the petitioner or respondent temporarily or permanently resides at the time of the alleged violation.

       Sec. 21. RCW 26.50.160 and 1995 c 246 s 18 are each amended to read as follows:

       (1) To prevent the issuance of competing protection orders in different courts and to give courts needed information for issuance of orders, the judicial information system shall be available in each district, municipal, and superior court by July 1, 1997, and shall include a data base containing the following information:

       (((1))) (a) The names of the parties and the cause number for every order of protection issued under this title, every criminal no-contact order issued under chapter 10.99 RCW, every antiharassment order issued under chapter 10.14 RCW, every dissolution action under chapter 26.09 RCW, every third-party custody action under chapter 26.10 RCW, ((and)) every parentage action under chapter ((26.10)) 26.26 RCW, every foreign protection order filed under chapter 26.52 RCW, and every order for protection of a vulnerable adult under chapter 74.34 RCW. When a guardian or the department of social and health services has petitioned for relief on behalf of a vulnerable adult, the name of the vulnerable adult shall be included in the data base as a party rather than the guardian or department;

       (((2))) (b) A criminal history of the parties; ((and

       (3) Other relevant information necessary to assist courts in issuing orders under this chapter as determined by the judicial information system committee))

       (c) The date of birth of the parties;

       (d) The contact addresses of the parties. When collecting this information, each party must be given notice that the contact address becomes a public record and that the party may use an address other than the party's personal residence. Addresses assigned through the state's address confidentiality program under chapter 40.24 RCW may be used for this purpose; and

       (e) Driver's license number and state of issue.

       (2) In no case shall any other personally identifying information be entered into the data base.

       Sec. 22. RCW 26.52.070 and 1999 c 184 s 9 are each amended to read as follows:

       (1) Whenever a foreign protection order is granted to a person entitled to protection and the person under restraint knows of the foreign protection order, a violation of a provision prohibiting the person under restraint from contacting or communicating with another person, or of a provision excluding the person under restraint from a residence, workplace, school, or day care, or of a provision prohibiting a person from knowingly coming within, or knowingly remaining within a specified distance of a location, or a violation of any provision for which the foreign protection order specifically indicates that a violation will be a crime, is ((a gross misdemeanor except as provided in subsections (3) and (4) of this section. Upon conviction, and in addition to any other penalties provided by law, the court may require the person under restraint to submit to electronic monitoring. The court shall specify who will provide the electronic monitoring services, and the terms under which the monitoring will be performed. The order also may include a requirement that the person under restraint pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring)) punishable under RCW 26.50.110.

       (2) A peace officer shall arrest without a warrant and take into custody a person when the peace officer has probable cause to believe that a foreign protection order has been issued of which the person under restraint has knowledge and the person under restraint has violated a provision of the foreign protection order that prohibits the person under restraint from contacting or communicating with another person, or a provision that excludes the person under restraint from a residence, workplace, school, or day care, or of a provision prohibiting a person from knowingly coming within, or knowingly remaining within a specified distance of a location, or a violation of any provision for which the foreign protection order specifically indicates that a violation will be a crime. Presence of the order in the law enforcement computer-based criminal intelligence information system is not the only means of establishing knowledge of the order.

       (((3) An assault that is a violation of a valid foreign protection order that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony, and conduct in violation of a valid foreign protection order issued under this chapter that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony.

       (4) A violation of a valid foreign protection order is a class C felony if the offender has at least two previous convictions for violating the provisions of a no-contact order issued under chapter 10.99 RCW, a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, or a federal or out-of-state order that is comparable to a no-contact or protection order issued under Washington law. The previous convictions may involve the same person entitled to protection or other person entitled to protection specifically protected by the no-contact orders or protection orders the offender violated.))

       Sec. 23. RCW 74.34.130 and 1999 c 176 s 13 are each amended to read as follows:

       The court may order relief as it deems necessary for the protection of the petitioner, including, but not limited to the following:

       (1) Restraining respondent from committing acts of abandonment, abuse, neglect, or financial exploitation;

       (2) Excluding the respondent from petitioner's residence for a specified period or until further order of the court;

       (3) Prohibiting contact by respondent for a specified period or until further order of the court;

       (4) Prohibiting the respondent from knowingly coming within, or knowingly remaining within a specified distance from a specified location;

       (5) Requiring an accounting by respondent of the disposition of petitioner's income or other resources;

       (((5))) (6) Restraining the transfer of property for a specified period not exceeding ninety days;

       (((6))) (7) Requiring the respondent to pay the filing fee and court costs, including service fees, and to reimburse the petitioner for costs incurred in bringing the action, including a reasonable attorney's fee.

       Any relief granted by an order for protection, other than a judgment for costs, shall be for a fixed period not to exceed one year. The clerk of the court shall enter any order for protection issued under this section into the judicial information system.

       NEW SECTION. Sec. 24. Section 13 of this act takes effect July 1, 2000.

       NEW SECTION. Sec. 25. The penalties prescribed in this act apply to violations of court orders which occur on or after July 1, 2000, regardless of the date the court issued the order."


MOTION


      On motion of Senator Costa, the following striking amendment by Senators Costa, Heavey, Hargrove and Long was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 26.50 RCW to read as follows:

       The department of social and health services, in its discretion, may seek the relief provided in this chapter on behalf of and with the consent of any vulnerable adult as those persons are defined in RCW 74.34.020. Neither the department nor the state of Washington shall be liable for failure to seek relief on behalf of any persons under this section.

       NEW SECTION. Sec. 2. A new section is added to chapter 74.34 RCW to read as follows:

       (1) An order for protection of a vulnerable adult issued under this chapter which restrains the respondent or another person from committing acts of abuse, prohibits contact with the petitioner, excludes the person from any specified location, or prohibits the person from knowingly coming within, or knowingly remaining within a specified distance from a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

       (2) Whenever an order for protection of a vulnerable adult is issued under this chapter, and the respondent or person to be restrained knows of the order, a violation of a provision restraining the person from committing acts of abuse, prohibiting contact with the petitioner, excluding the person from any specified location, or prohibiting the person from knowingly coming within, or knowingly remaining within a specified distance of a location, shall be punishable under RCW 26.50.110, regardless of whether the person is a family or household member as defined in RCW 26.50.010.

       Sec. 3. RCW 10.31.100 and 1999 c 184 s 14 are each amended to read as follows:

       A police officer having probable cause to believe that a person has committed or is committing a felony shall have the authority to arrest the person without a warrant. A police officer may arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the presence of the officer, except as provided in subsections (1) through (10) of this section.

       (1) Any police officer having probable cause to believe that a person has committed or is committing a misdemeanor or gross misdemeanor, involving physical harm or threats of harm to any person or property or the unlawful taking of property or involving the use or possession of cannabis, or involving the acquisition, possession, or consumption of alcohol by a person under the age of twenty-one years under RCW 66.44.270, or involving criminal trespass under RCW 9A.52.070 or 9A.52.080, shall have the authority to arrest the person.

       (2) A police officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

       (a) An order has been issued of which the person has knowledge under RCW ((10.99.040(2), 10.99.050, 26.09.050, 26.09.060, 26.10.040, 26.10.115,)) 26.44.063, or chapter 10.99, 26.09, 26.10, 26.26 ((RCW, or chapter)), 26.50, or 74.34 RCW restraining the person and the person has violated the terms of the order restraining the person from acts or threats of violence, or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within a specified distance of a location or, in the case of an order issued under RCW 26.44.063, imposing any other restrictions or conditions upon the person; or

       (b) A foreign protection order, as defined in RCW 26.52.010, has been issued of which the person under restraint has knowledge and the person under restraint has violated a provision of the foreign protection order prohibiting the person under restraint from contacting or communicating with another person, or ((of a provision)) excluding the person under restraint from a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within a specified distance of a location, or a violation of any provision for which the foreign protection order specifically indicates that a violation will be a crime; or

       (c) The person is sixteen years or older and within the preceding four hours has assaulted a family or household member as defined in RCW 10.99.020 and the officer believes: (i) A felonious assault has occurred; (ii) an assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not; or (iii) that any physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death. Bodily injury means physical pain, illness, or an impairment of physical condition. When the officer has probable cause to believe that family or household members have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the primary physical aggressor. In making this determination, the officer shall make every reasonable effort to consider: (i) The intent to protect victims of domestic violence under RCW 10.99.010; (ii) the comparative extent of injuries inflicted or serious threats creating fear of physical injury; and (iii) the history of domestic violence between the persons involved.

       (3) Any police officer having probable cause to believe that a person has committed or is committing a violation of any of the following traffic laws shall have the authority to arrest the person:

       (a) RCW 46.52.010, relating to duty on striking an unattended car or other property;

       (b) RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;

       (c) RCW 46.61.500 or 46.61.530, relating to reckless driving or racing of vehicles;

       (d) RCW 46.61.502 or 46.61.504, relating to persons under the influence of intoxicating liquor or drugs;

       (e) RCW 46.20.342, relating to driving a motor vehicle while operator's license is suspended or revoked;

       (f) RCW 46.61.5249, relating to operating a motor vehicle in a negligent manner.

       (4) A law enforcement officer investigating at the scene of a motor vehicle accident may arrest the driver of a motor vehicle involved in the accident if the officer has probable cause to believe that the driver has committed in connection with the accident a violation of any traffic law or regulation.

       (5) Any police officer having probable cause to believe that a person has committed or is committing a violation of RCW ((88.12.025)) 79A.60.040 shall have the authority to arrest the person.

       (6) An officer may act upon the request of a law enforcement officer in whose presence a traffic infraction was committed, to stop, detain, arrest, or issue a notice of traffic infraction to the driver who is believed to have committed the infraction. The request by the witnessing officer shall give an officer the authority to take appropriate action under the laws of the state of Washington.

       (7) Any police officer having probable cause to believe that a person has committed or is committing any act of indecent exposure, as defined in RCW 9A.88.010, may arrest the person.

       (8) A police officer may arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that an order has been issued of which the person has knowledge under chapter 10.14 RCW and the person has violated the terms of that order.

       (9) Any police officer having probable cause to believe that a person has, within twenty-four hours of the alleged violation, committed a violation of RCW 9A.50.020 may arrest such person.

       (10) A police officer having probable cause to believe that a person illegally possesses or illegally has possessed a firearm or other dangerous weapon on private or public elementary or secondary school premises shall have the authority to arrest the person.

       For purposes of this subsection, the term "firearm" has the meaning defined in RCW 9.41.010 and the term "dangerous weapon" has the meaning defined in RCW 9.41.250 and 9.41.280(1) (c) through (e).

       (11) Except as specifically provided in subsections (2), (3), (4), and (6) of this section, nothing in this section extends or otherwise affects the powers of arrest prescribed in Title 46 RCW.

       (12) No police officer may be held criminally or civilly liable for making an arrest pursuant to RCW 10.31.100 (2) or (8) if the police officer acts in good faith and without malice.

       Sec. 4. RCW 10.99.020 and 1997 c 338 s 53 are each amended to read as follows:

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

       (1) "Family or household members" means spouses, former spouses, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.

       (2) "Dating relationship" has the same meaning as in RCW 26.50.010.

       (3) "Domestic violence" includes but is not limited to any of the following crimes when committed by one family or household member against another:

       (a) Assault in the first degree (RCW 9A.36.011);

       (b) Assault in the second degree (RCW 9A.36.021);

       (c) Assault in the third degree (RCW 9A.36.031);

       (d) Assault in the fourth degree (RCW 9A.36.041);

       (e) Drive-by shooting (RCW 9A.36.045);

       (f) Reckless endangerment (RCW 9A.36.050);

       (g) Coercion (RCW 9A.36.070);

       (h) Burglary in the first degree (RCW 9A.52.020);

       (i) Burglary in the second degree (RCW 9A.52.030);

       (j) Criminal trespass in the first degree (RCW 9A.52.070);

       (k) Criminal trespass in the second degree (RCW 9A.52.080);

       (l) Malicious mischief in the first degree (RCW 9A.48.070);

       (m) Malicious mischief in the second degree (RCW 9A.48.080);

       (n) Malicious mischief in the third degree (RCW 9A.48.090);

       (o) Kidnapping in the first degree (RCW 9A.40.020);

       (p) Kidnapping in the second degree (RCW 9A.40.030);

       (q) Unlawful imprisonment (RCW 9A.40.040);

       (r) Violation of the provisions of a restraining order, no-contact order, or protection order restraining the person or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within a specified distance of a location (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, ((or)) 26.26.138, 26.50.060, 26.50.070, 26.50.130, 26.52.070, or section 2 of this act);

       (s) ((Violation of the provisions of a protection order or no-contact order restraining the person or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care (RCW 26.50.060, 26.50.070, 26.50.130, 10.99.040, or 10.99.050);

       (t))) Rape in the first degree (RCW 9A.44.040);

       (((u))) (t) Rape in the second degree (RCW 9A.44.050);

       (((v))) (u) Residential burglary (RCW 9A.52.025);

       (((w))) (v) Stalking (RCW 9A.46.110); and

       (((x))) (w) Interference with the reporting of domestic violence (RCW 9A.36.150).

       (4) "Victim" means a family or household member who has been subjected to domestic violence.

       Sec. 5. RCW 26.09.050 and 1995 c 93 s 2 are each amended to read as follows:

       (1) In entering a decree of dissolution of marriage, legal separation, or declaration of invalidity, the court shall determine the marital status of the parties, make provision for a parenting plan for any minor child of the marriage, make provision for the support of any child of the marriage entitled to support, consider or approve provision for the maintenance of either spouse, make provision for the disposition of property and liabilities of the parties, make provision for the allocation of the children as federal tax exemptions, make provision for any necessary continuing restraining orders including the provisions contained in RCW 9.41.800, make provision for the issuance within this action of the restraint provisions of a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW, and make provision for the change of name of any party.

       (2) Restraining orders issued under this section restraining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER ((26.09)) 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

       (3) The court shall order that any restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section, in addition to the law enforcement information sheet or proof of service of the order, be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.

       Sec. 6. RCW 26.09.060 and 1995 c 246 s 26 are each amended to read as follows:

       (1) In a proceeding for:

       (a) Dissolution of marriage, legal separation, or a declaration of invalidity; or

       (b) Disposition of property or liabilities, maintenance, or support following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse; either party may move for temporary maintenance or for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.

       (2) As a part of a motion for temporary maintenance or support or by independent motion accompanied by affidavit, either party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any person from:

       (a) Transferring, removing, encumbering, concealing, or in any way disposing of any property except in the usual course of business or for the necessities of life, and, if so restrained or enjoined, requiring him or her to notify the moving party of any proposed extraordinary expenditures made after the order is issued;

       (b) Molesting or disturbing the peace of the other party or of any child;

       (c) Going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child upon a showing of the necessity therefor;

       (d) Knowingly coming within, or knowingly remaining within a specified distance from a specified location;

       (e) Removing a child from the jurisdiction of the court.

       (3) Either party may request a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW on a temporary basis. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080. Ex parte orders issued under this subsection shall be effective for a fixed period not to exceed fourteen days, or upon court order, not to exceed twenty-four days if necessary to ensure that all temporary motions in the case can be heard at the same time.

       (4) In issuing the order, the court shall consider the provisions of RCW 9.41.800.

       (5) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.

       (6) The court may issue a temporary restraining order or preliminary injunction and an order for temporary maintenance or support in such amounts and on such terms as are just and proper in the circumstances. The court may in its discretion waive the filing of the bond or the posting of security.

       (7) Restraining orders issued under this section restraining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER ((26.09)) 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

       (8) The court shall order that any temporary restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.

       (9) A temporary order, temporary restraining order, or preliminary injunction:

       (a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;

       (b) May be revoked or modified;

       (c) Terminates when the final decree is entered, except as provided under subsection (10) of this section, or when the petition for dissolution, legal separation, or declaration of invalidity is dismissed;

       (d) May be entered in a proceeding for the modification of an existing decree.

       (10) Delinquent support payments accrued under an order for temporary support remain collectible and are not extinguished when a final decree is entered unless the decree contains specific language to the contrary. A support debt under a temporary order owed to the state for public assistance expenditures shall not be extinguished by the final decree if:

       (a) The obligor was given notice of the state's interest under chapter 74.20A RCW; or

       (b) The temporary order directs the obligor to make support payments to the office of support enforcement or the Washington state support registry.

       Sec. 7. RCW 26.10.040 and 1995 c 93 s 3 are each amended to read as follows:

       In entering an order under this chapter, the court shall consider, approve, or make provision for:

       (1) Child custody, visitation, and the support of any child entitled to support;

       (2) The allocation of the children as a federal tax exemption;

       (3) Any necessary continuing restraining orders, including the provisions contained in RCW 9.41.800;

       (4) A domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080;

       (5) Restraining orders issued under this section restraining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER ((26.10)) 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST;

       (6) The court shall order that any restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section, in addition to the law enforcement information sheet or proof of service of the order, be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.

       Sec. 8. RCW 26.10.115 and 1995 c 246 s 29 are each amended to read as follows:

       (1) In a proceeding under this chapter either party may file a motion for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amount requested.

       (2) In a proceeding under this chapter either party may file a motion for a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any person from:

       (a) Molesting or disturbing the peace of the other party or of any child;

       (b) Entering the family home or the home of the other party upon a showing of the necessity therefor;

       (c) Knowingly coming within, or knowingly remaining within a specified distance from a specified location;

       (d) Removing a child from the jurisdiction of the court.

       (3) Either party may request a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW on a temporary basis. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080. Ex parte orders issued under this subsection shall be effective for a fixed period not to exceed fourteen days, or upon court order, not to exceed twenty-four days if necessary to ensure that all temporary motions in the case can be heard at the same time.

       (4) In issuing the order, the court shall consider the provisions of RCW 9.41.800.

       (5) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.

       (6) The court may issue a temporary restraining order or preliminary injunction and an order for temporary support in such amounts and on such terms as are just and proper in the circumstances.

       (7) Restraining orders issued under this section restraining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER ((26.10)) 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

       (8) The court shall order that any temporary restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.

       (9) A temporary order, temporary restraining order, or preliminary injunction:

       (a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;

       (b) May be revoked or modified;

       (c) Terminates when the final order is entered or when the motion is dismissed;

       (d) May be entered in a proceeding for the modification of an existing order.

       (10) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection. Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding. An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding.

       Sec. 9. RCW 26.26.130 and 1997 c 58 s 947 are each amended to read as follows:

       (1) The judgment and order of the court determining the existence or nonexistence of the parent and child relationship shall be determinative for all purposes.

       (2) If the judgment and order of the court is at variance with the child's birth certificate, the court shall order that an amended birth certificate be issued.

       (3) The judgment and order shall contain other appropriate provisions directed to the appropriate parties to the proceeding, concerning the duty of current and future support, the extent of any liability for past support furnished to the child if that issue is before the court, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. The judgment and order may direct the father to pay the reasonable expenses of the mother's pregnancy and confinement. The judgment and order may include a continuing restraining order or injunction. In issuing the order, the court shall consider the provisions of RCW 9.41.800.

       (4) The judgment and order shall contain the social security numbers of all parties to the order.

       (5) Support judgment and orders shall be for periodic payments which may vary in amount. The court may limit the father's liability for the past support to the child to the proportion of the expenses already incurred as the court deems just. The court shall not limit or affect in any manner the right of nonparties including the state of Washington to seek reimbursement for support and other services previously furnished to the child.

       (6) After considering all relevant factors, the court shall order either or both parents to pay an amount determined pursuant to the schedule and standards contained in chapter 26.19 RCW.

       (7) On the same basis as provided in chapter 26.09 RCW, the court shall make residential provisions with regard to minor children of the parties, except that a parenting plan shall not be required unless requested by a party.

       (8) In any dispute between the natural parents of a child and a person or persons who have (a) commenced adoption proceedings or who have been granted an order of adoption, and (b) pursuant to a court order, or placement by the department of social and health services or by a licensed agency, have had actual custody of the child for a period of one year or more before court action is commenced by the natural parent or parents, the court shall consider the best welfare and interests of the child, including the child's need for situation stability, in determining the matter of custody, and the parent or person who is more fit shall have the superior right to custody.

       (9) In entering an order under this chapter, the court may issue any necessary continuing restraining orders, including the restraint provisions of domestic violence protection orders under chapter 26.50 RCW or antiharassment protection orders under chapter 10.14 RCW.

       (10) Restraining orders issued under this section restraining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER ((26.26)) 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

       (11) The court shall order that any restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.

       Sec. 10. RCW 26.26.137 and 1995 c 246 s 32 are each amended to read as follows:

       (1) If the court has made a finding as to the paternity of a child, or if a party's acknowledgment of paternity has been filed with the court, or a party alleges he is the father of the child, any party may move for temporary support for the child prior to the date of entry of the final order. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.

       (2) Any party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any party from:

       (a) Molesting or disturbing the peace of another party;

       (b) Going onto the grounds of or entering the home, workplace, or school of another party or the day care or school of any child; or

       (c) Knowingly coming within, or knowingly remaining within a specified distance from a specified location; or

       (d) Removing a child from the jurisdiction of the court.

       (3) Either party may request a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW on a temporary basis. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080. Ex parte orders issued under this subsection shall be effective for a fixed period not to exceed fourteen days, or upon court order, not to exceed twenty-four days if necessary to ensure that all temporary motions in the case can be heard at the same time.

       (4) Restraining orders issued under this section restraining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER ((26.26)) 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

       (5) The court shall order that any temporary restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.

       (6) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.

       (7) The court may issue a temporary restraining order or preliminary injunction and an order for temporary support in such amounts and on such terms as are just and proper in the circumstances. In issuing the order, the court shall consider the provisions of RCW 9.41.800.

       (8) A temporary order, temporary restraining order, or preliminary injunction:

       (a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;

       (b) May be revoked or modified;

       (c) Terminates when the final order is entered or when the petition is dismissed; and

       (d) May be entered in a proceeding for the modification of an existing order.

       (9) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection. Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding. An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding.

       Sec. 11. RCW 26.50.060 and 1999 c 147 s 2 are each amended to read as follows:

       (1) Upon notice and after hearing, the court may provide relief as follows:

       (a) Restrain the respondent from committing acts of domestic violence;

       (b) Exclude the respondent from the dwelling which the parties share, from the residence, workplace, or school of the petitioner, or from the day care or school of a child;

       (c) Prohibit the respondent from knowingly coming within, or knowingly remaining within a specified distance from a specified location;

       (d) On the same basis as is provided in chapter 26.09 RCW, the court shall make residential provision with regard to minor children of the parties. However, parenting plans as specified in chapter 26.09 RCW shall not be required under this chapter;

       (((d))) (e) Order the respondent to participate in a domestic violence perpetrator treatment program approved under RCW 26.50.150;

       (((e))) (f) Order other relief as it deems necessary for the protection of the petitioner and other family or household members sought to be protected, including orders or directives to a peace officer, as allowed under this chapter;

       (((f))) (g) Require the respondent to pay the administrative court costs and service fees, as established by the county or municipality incurring the expense and to reimburse the petitioner for costs incurred in bringing the action, including a reasonable attorney's fee;

       (((g))) (h) Restrain the respondent from having any contact with the victim of domestic violence or the victim's children or members of the victim's household;

       (((h))) (i) Require the respondent to submit to electronic monitoring. The order shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The order also may include a requirement that the respondent pay the costs of the monitoring. The court shall consider the ability of the respondent to pay for electronic monitoring;

       (((i))) (j) Consider the provisions of RCW 9.41.800;

       (((j))) (k) Order possession and use of essential personal effects. The court shall list the essential personal effects with sufficient specificity to make it clear which property is included; and

       (((k))) (l) Order use of a vehicle.

       (2) If a ((restraining)) protection order restrains the respondent from contacting the respondent's minor children the restraint shall be for a fixed period not to exceed one year. This limitation is not applicable to orders for protection issued under chapter 26.09, 26.10, or 26.26 RCW. With regard to other relief, if the petitioner has petitioned for relief on his or her own behalf or on behalf of the petitioner's family or household members or minor children, and the court finds that the respondent is likely to resume acts of domestic violence against the petitioner or the petitioner's family or household members or minor children when the order expires, the court may either grant relief for a fixed period or enter a permanent order of protection.

       If the petitioner has petitioned for relief on behalf of the respondent's minor children, the court shall advise the petitioner that if the petitioner wants to continue protection for a period beyond one year the petitioner may either petition for renewal pursuant to the provisions of this chapter or may seek relief pursuant to the provisions of chapter 26.09 or 26.26 RCW.

       (3) If the court grants an order for a fixed time period, the petitioner may apply for renewal of the order by filing a petition for renewal at any time within the three months before the order expires. The petition for renewal shall state the reasons why the petitioner seeks to renew the protection order. Upon receipt of the petition for renewal the court shall order a hearing which shall be not later than fourteen days from the date of the order. Except as provided in RCW 26.50.085, personal service shall be made on the respondent not less than five days before the hearing. If timely service cannot be made the court shall set a new hearing date and shall either require additional attempts at obtaining personal service or permit service by publication as provided in RCW 26.50.085 or by mail as provided in RCW 26.50.123. If the court permits service by publication or mail, the court shall set the new hearing date not later than twenty-four days from the date of the order. If the order expires because timely service cannot be made the court shall grant an ex parte order of protection as provided in RCW 26.50.070. The court shall grant the petition for renewal unless the respondent proves by a preponderance of the evidence that the respondent will not resume acts of domestic violence against the petitioner or the petitioner's children or family or household members when the order expires. The court may renew the protection order for another fixed time period or may enter a permanent order as provided in this section. The court may award court costs, service fees, and reasonable attorneys' fees as provided in subsection (1)(f) of this section.

       (4) In providing relief under this chapter, the court may realign the designation of the parties as "petitioner" and "respondent" where the court finds that the original petitioner is the abuser and the original respondent is the victim of domestic violence and may issue an ex parte temporary order for protection in accordance with RCW 26.50.070 on behalf of the victim until the victim is able to prepare a petition for an order for protection in accordance with RCW 26.50.030.

       (5) Except as provided in subsection (4) of this section, no order for protection shall grant relief to any party except upon notice to the respondent and hearing pursuant to a petition or counter-petition filed and served by the party seeking relief in accordance with RCW 26.50.050.

       (6) The court order shall specify the date the order expires if any. The court order shall also state whether the court issued the protection order following personal service, service by publication, or service by mail and whether the court has approved service by publication or mail of an order issued under this section.

       (7) If the court declines to issue an order for protection or declines to renew an order for protection, the court shall state in writing on the order the particular reasons for the court's denial.

       Sec. 12. RCW 26.50.070 and 1996 c 248 s 14 are each amended to read as follows:

       (1) Where an application under this section alleges that irreparable injury could result from domestic violence if an order is not issued immediately without prior notice to the respondent, the court may grant an ex parte temporary order for protection, pending a full hearing, and grant relief as the court deems proper, including an order:

       (a) Restraining any party from committing acts of domestic violence;

       (b) Restraining any party from going onto the grounds of or entering the dwelling that the parties share, from the residence, workplace, or school of the other, or from the day care or school of a child until further order of the court;

       (c) Prohibiting any party from knowingly coming within, or knowingly remaining within a specified distance from a specified location;

       (d) Restraining any party from interfering with the other's custody of the minor children or from removing the children from the jurisdiction of the court;

       (((d))) (e) Restraining any party from having any contact with the victim of domestic violence or the victim's children or members of the victim's household; and

       (((e))) (f) Considering the provisions of RCW 9.41.800.

       (2) Irreparable injury under this section includes but is not limited to situations in which the respondent has recently threatened petitioner with bodily injury or has engaged in acts of domestic violence against the petitioner.

       (3) The court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day.

       (4) An ex parte temporary order for protection shall be effective for a fixed period not to exceed fourteen days or twenty-four days if the court has permitted service by publication under RCW 26.50.085 or by mail under RCW 26.50.123. The ex parte order may be reissued. A full hearing, as provided in this chapter, shall be set for not later than fourteen days from the issuance of the temporary order or not later than twenty-four days if service by publication or by mail is permitted. Except as provided in RCW 26.50.050, 26.50.085, and 26.50.123, the respondent shall be personally served with a copy of the ex parte order along with a copy of the petition and notice of the date set for the hearing.

       (5) Any order issued under this section shall contain the date and time of issuance and the expiration date and shall be entered into a state-wide judicial information system by the clerk of the court within one judicial day after issuance.

       (6) If the court declines to issue an ex parte temporary order for protection the court shall state the particular reasons for the court's denial. The court's denial of a motion for an ex parte order of protection shall be filed with the court.

       Sec. 13. RCW 9.94A.320 and 1999 c 352 s 3, 1999 c 322 s 5, and 1999 c 45 s 4 are each reenacted and amended to read as follows:


       TABLE 2


CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

 

XVI                       Aggravated Murder 1 (RCW 10.95.020)

 XV                       Homicide by abuse (RCW 9A.32.055)

                              Malicious explosion 1 (RCW 70.74.280(1))

                              Murder 1 (RCW 9A.32.030)

XIV                       Murder 2 (RCW 9A.32.050)

XIII                       Malicious explosion 2 (RCW 70.74.280(2))

                              Malicious placement of an explosive 1 (RCW 70.74.270(1))

 XII                       Assault 1 (RCW 9A.36.011)

                              Assault of a Child 1 (RCW 9A.36.120)

                              Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))

                              Rape 1 (RCW 9A.44.040)

                              Rape of a Child 1 (RCW 9A.44.073)

   XI                       Manslaughter 1 (RCW 9A.32.060)

                              Rape 2 (RCW 9A.44.050)

                              Rape of a Child 2 (RCW 9A.44.076)

    X                       Child Molestation 1 (RCW 9A.44.083)

                              Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))

                              Kidnapping 1 (RCW 9A.40.020)

                              Leading Organized Crime (RCW 9A.82.060(1)(a))

                              Malicious explosion 3 (RCW 70.74.280(3))

                              Manufacture of methamphetamine (RCW 69.50.401(a)(1)(ii))

                              Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)

   IX                       Assault of a Child 2 (RCW 9A.36.130)

                              Controlled Substance Homicide (RCW 69.50.415)

                              Explosive devices prohibited (RCW 70.74.180)

                              Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW ((88.12.029)) 79A.60.050)

                              Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))

                              Malicious placement of an explosive 2 (RCW 70.74.270(2))

                              Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)

                              Robbery 1 (RCW 9A.56.200)

                              Sexual Exploitation (RCW 9.68A.040)

                              Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)

VIII                       Arson 1 (RCW 9A.48.020)

                              Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))

                              Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW ((88.12.029)) 79A.60.050)

                              Manslaughter 2 (RCW 9A.32.070)

                              Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(a)(1)(ii))

                              Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))

                              Possession of ephedrine or pseudoephedrine with intent to manufacture methamphetamine (RCW 69.50.440)

                              Promoting Prostitution 1 (RCW 9A.88.070)

                              Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)

                              Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)

 VII                       Burglary 1 (RCW 9A.52.020)

                              Child Molestation 2 (RCW 9A.44.086)

                              Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)

                              Drive-by Shooting (RCW 9A.36.045)

                              Homicide by Watercraft, by disregard for the safety of others (RCW ((88.12.029)) 79A.60.050)

                              Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))

                              Introducing Contraband 1 (RCW 9A.76.140)

                              Involving a minor in drug dealing (RCW 69.50.401(f))

                              Malicious placement of an explosive 3 (RCW 70.74.270(3))

                              Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)

                              Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))

                              Use of a Machine Gun in Commission of a Felony (RCW 9.41.225)

                              Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)

   VI                       Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))

                              Bribery (RCW 9A.68.010)

                              Incest 1 (RCW 9A.64.020(1))

                              Intimidating a Judge (RCW 9A.72.160)

                              Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)

                              Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))

                              Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) or flunitrazepam from Schedule IV (RCW 69.50.401(a)(1)(i))

                              Rape of a Child 3 (RCW 9A.44.079)

                              Theft of a Firearm (RCW 9A.56.300)

    V                       Abandonment of dependent person 1 (RCW 9A.42.060)

                              Advancing money or property for extortionate extension of credit (RCW 9A.82.030)

                              Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))

                              Child Molestation 3 (RCW 9A.44.089)

                              Criminal Mistreatment 1 (RCW 9A.42.020)

                              Custodial Sexual Misconduct 1 (RCW 9A.44.160)

                              Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))

                              Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or section 2 of this act)

                              Extortion 1 (RCW 9A.56.120)

                              Extortionate Extension of Credit (RCW 9A.82.020)

                              Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)

                              Incest 2 (RCW 9A.64.020(2))

                              Kidnapping 2 (RCW 9A.40.030)

                              ((On and after July 1, 2000: No-Contact Order Violation: Domestic Violence Pretrial Condition (RCW 10.99.040(4) (b) and (c))

                              On and after July 1, 2000: No-Contact Order Violation: Domestic Violence Sentence Condition (RCW 10.99.050(2))

                              On and after July 1, 2000: Protection Order Violation: Domestic Violence Civil Action (RCW 26.50.110 (4) and (5))

                              On and after July 1, 2000: Stalking (RCW 9A.46.110)))

                              Perjury 1 (RCW 9A.72.020)

                              Persistent prison misbehavior (RCW 9.94.070)

                              Possession of a Stolen Firearm (RCW 9A.56.310)

                              Rape 3 (RCW 9A.44.060)

                              Rendering Criminal Assistance 1 (RCW 9A.76.070)

                              Sexual Misconduct with a Minor 1 (RCW 9A.44.093)

                              Sexually Violating Human Remains (RCW 9A.44.105)

                              Stalking (RCW 9A.46.110)

   IV                       Arson 2 (RCW 9A.48.030)

                              Assault 2 (RCW 9A.36.021)

                              Assault by Watercraft (RCW ((88.12.032)) 79A.60.060)

                              Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)

                              Commercial Bribery (RCW 9A.68.060)

                              Counterfeiting (RCW 9.16.035(4))

                              Escape 1 (RCW 9A.76.110)

                              Hit and Run--Injury Accident (RCW 46.52.020(4))

                              Hit and Run with Vessel--Injury Accident (RCW ((88.12.155(3))) 79A.60.200(3))

                              Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)

                              Influencing Outcome of Sporting Event (RCW 9A.82.070)

                              Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))

                              Malicious Harassment (RCW 9A.36.080)

                              Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401(a)(1) (iii) through (v))

                              Residential Burglary (RCW 9A.52.025)

                              Robbery 2 (RCW 9A.56.210)

                              Theft of Livestock 1 (RCW 9A.56.080)

                              Threats to Bomb (RCW 9.61.160)

                              Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))

                              Vehicular Assault (RCW 46.61.522)

                              Willful Failure to Return from Furlough (RCW 72.66.060)

   III                       Abandonment of dependent person 2 (RCW 9A.42.070)

                              Assault 3 (RCW 9A.36.031)

                              Assault of a Child 3 (RCW 9A.36.140)

                              Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))

                              Burglary 2 (RCW 9A.52.030)

                              Communication with a Minor for Immoral Purposes (RCW 9.68A.090)

                              Criminal Gang Intimidation (RCW 9A.46.120)

                              Criminal Mistreatment 2 (RCW 9A.42.030)

                              Custodial Assault (RCW 9A.36.100)

                              Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))

                              Escape 2 (RCW 9A.76.120)

                              Extortion 2 (RCW 9A.56.130)

                              Harassment (RCW 9A.46.020)

                              Intimidating a Public Servant (RCW 9A.76.180)

                              Introducing Contraband 2 (RCW 9A.76.150)

                              Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(a)(6))

                              Malicious Injury to Railroad Property (RCW 81.60.070)

                              Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(iii))

                              Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))

                              Patronizing a Juvenile Prostitute (RCW 9.68A.100)

                              Perjury 2 (RCW 9A.72.030)

                              Possession of Incendiary Device (RCW 9.40.120)

                              Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190)

                              Promoting Prostitution 2 (RCW 9A.88.080)

                              Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))

                              Securities Act violation (RCW 21.20.400)

                              Tampering with a Witness (RCW 9A.72.120)

                              Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230)

                              Theft of Livestock 2 (RCW 9A.56.080)

                              Unlawful Imprisonment (RCW 9A.40.040)

                              Unlawful possession of firearm in the second degree (RCW 9.41.040(1)(b))

                              Unlawful Use of Building for Drug Purposes (RCW 69.53.010)

                              Willful Failure to Return from Work Release (RCW 72.65.070)

    II                       Computer Trespass 1 (RCW 9A.52.110)

                              Counterfeiting (RCW 9.16.035(3))

                              Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))

                              Escape from Community Custody (RCW 72.09.310)

                              Health Care False Claims (RCW 48.80.030)

                              Malicious Mischief 1 (RCW 9A.48.070)

                              Possession of controlled substance that is either heroin or narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(d))

                              Possession of phencyclidine (PCP) (RCW 69.50.401(d))

                              Possession of Stolen Property 1 (RCW 9A.56.150)

                              Theft 1 (RCW 9A.56.030)

                              Theft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more) (RCW 9A.56.096(4))

                              Trafficking in Insurance Claims (RCW 48.30A.015)

                              Unlawful Practice of Law (RCW 2.48.180)

                              Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))

      I                       Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

                              False Verification for Welfare (RCW 74.08.055)

                              Forged Prescription (RCW 69.41.020)

                              Forged Prescription for a Controlled Substance (RCW 69.50.403)

                              Forgery (RCW 9A.60.020)

                              Malicious Mischief 2 (RCW 9A.48.080)

                              Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine or flunitrazepam) (RCW 69.50.401(d))

                              Possession of Stolen Property 2 (RCW 9A.56.160)

                              Reckless Burning 1 (RCW 9A.48.040)

                              Taking Motor Vehicle Without Permission (RCW 9A.56.070)

                              Theft 2 (RCW 9A.56.040)

                              Theft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less than one thousand five hundred dollars) (RCW 9A.56.096(4))

                              Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)

                              Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))

                              Vehicle Prowl 1 (RCW 9A.52.095)

       Sec. 14. RCW 9.94A.440 and 1999 c 322 s 6 and 1999 c 196 s 11 are each reenacted and amended to read as follows:

       (1) Decision not to prosecute.

       STANDARD: A prosecuting attorney may decline to prosecute, even though technically sufficient evidence to prosecute exists, in situations where prosecution would serve no public purpose, would defeat the underlying purpose of the law in question or would result in decreased respect for the law.

       GUIDELINE/COMMENTARY:

       Examples

       The following are examples of reasons not to prosecute which could satisfy the standard.

       (a) Contrary to Legislative Intent - It may be proper to decline to charge where the application of criminal sanctions would be clearly contrary to the intent of the legislature in enacting the particular statute.

       (b) Antiquated Statute - It may be proper to decline to charge where the statute in question is antiquated in that:

       (i) It has not been enforced for many years; and

       (ii) Most members of society act as if it were no longer in existence; and

       (iii) It serves no deterrent or protective purpose in today's society; and

       (iv) The statute has not been recently reconsidered by the legislature.

       This reason is not to be construed as the basis for declining cases because the law in question is unpopular or because it is difficult to enforce.

       (c) De Minimus Violation - It may be proper to decline to charge where the violation of law is only technical or insubstantial and where no public interest or deterrent purpose would be served by prosecution.

       (d) Confinement on Other Charges - It may be proper to decline to charge because the accused has been sentenced on another charge to a lengthy period of confinement; and

       (i) Conviction of the new offense would not merit any additional direct or collateral punishment;

       (ii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and

       (iii) Conviction of the new offense would not serve any significant deterrent purpose.

       (e) Pending Conviction on Another Charge - It may be proper to decline to charge because the accused is facing a pending prosecution in the same or another county; and

       (i) Conviction of the new offense would not merit any additional direct or collateral punishment;

       (ii) Conviction in the pending prosecution is imminent;

       (iii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and

       (iv) Conviction of the new offense would not serve any significant deterrent purpose.

       (f) High Disproportionate Cost of Prosecution - It may be proper to decline to charge where the cost of locating or transporting, or the burden on, prosecution witnesses is highly disproportionate to the importance of prosecuting the offense in question. This reason should be limited to minor cases and should not be relied upon in serious cases.

       (g) Improper Motives of Complainant - It may be proper to decline charges because the motives of the complainant are improper and prosecution would serve no public purpose, would defeat the underlying purpose of the law in question or would result in decreased respect for the law.

       (h) Immunity - It may be proper to decline to charge where immunity is to be given to an accused in order to prosecute another where the accused's information or testimony will reasonably lead to the conviction of others who are responsible for more serious criminal conduct or who represent a greater danger to the public interest.

       (i) Victim Request - It may be proper to decline to charge because the victim requests that no criminal charges be filed and the case involves the following crimes or situations:

       (i) Assault cases where the victim has suffered little or no injury;

       (ii) Crimes against property, not involving violence, where no major loss was suffered;

       (iii) Where doing so would not jeopardize the safety of society.

       Care should be taken to insure that the victim's request is freely made and is not the product of threats or pressure by the accused.

       The presence of these factors may also justify the decision to dismiss a prosecution which has been commenced.

       Notification

       The prosecutor is encouraged to notify the victim, when practical, and the law enforcement personnel, of the decision not to prosecute.

       (2) Decision to prosecute.

       (a) STANDARD:

       Crimes against persons will be filed if sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify conviction by a reasonable and objective fact-finder. With regard to offenses prohibited by RCW 9A.44.040, 9A.44.050, 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, 9A.44.089, and 9A.64.020 the prosecutor should avoid prefiling agreements or diversions intended to place the accused in a program of treatment or counseling, so that treatment, if determined to be beneficial, can be provided pursuant to RCW 9.94A.120(8).

       Crimes against property/other crimes will be filed if the admissible evidence is of such convincing force as to make it probable that a reasonable and objective fact-finder would convict after hearing all the admissible evidence and the most plausible defense that could be raised.

       See table below for the crimes within these categories.


CATEGORIZATION OF CRIMES FOR PROSECUTING STANDARDS


       CRIMES AGAINST PERSONS

       Aggravated Murder

       1st Degree Murder

       2nd Degree Murder

       1st Degree Kidnaping

       1st Degree Assault

       1st Degree Assault of a Child

       1st Degree Rape

       1st Degree Robbery

       1st Degree Rape of a Child

       1st Degree Arson

       2nd Degree Kidnaping

       2nd Degree Assault

       2nd Degree Assault of a Child

       2nd Degree Rape

       2nd Degree Robbery

       1st Degree Burglary

       1st Degree Manslaughter

       2nd Degree Manslaughter

       1st Degree Extortion

       Indecent Liberties

       Incest

       2nd Degree Rape of a Child

       Vehicular Homicide

       Vehicular Assault

       3rd Degree Rape

       3rd Degree Rape of a Child

       1st Degree Child Molestation

       2nd Degree Child Molestation

       3rd Degree Child Molestation

       2nd Degree Extortion

       1st Degree Promoting Prostitution

       Intimidating a Juror

       Communication with a Minor

       Intimidating a Witness

       Intimidating a Public Servant

       Bomb Threat (if against person)

       3rd Degree Assault

       3rd Degree Assault of a Child

       Unlawful Imprisonment

       Promoting a Suicide Attempt

       Riot (if against person)

       Stalking

       Custodial Assault

       ((No-Contact Order-Domestic Violence Pretrial (RCW 10.99.040(4) (b) and (c))

       No-Contact Order-Domestic Violence Sentence (RCW 10.99.050(2))

       Protection Order-Domestic Violence Civil (RCW 26.50.110 (4) and (5))))

       Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or section 2 of this act)

       Counterfeiting (if a violation of RCW 9.16.035(4))


       CRIMES AGAINST PROPERTY/OTHER CRIMES

       2nd Degree Arson

       1st Degree Escape

       2nd Degree Burglary

       1st Degree Theft

       1st Degree Perjury

       1st Degree Introducing Contraband

       1st Degree Possession of Stolen Property

       Bribery

       Bribing a Witness

       Bribe received by a Witness

       Bomb Threat (if against property)

       1st Degree Malicious Mischief

       2nd Degree Theft

       2nd Degree Escape

       2nd Degree Introducing Contraband

       2nd Degree Possession of Stolen Property

       2nd Degree Malicious Mischief

       1st Degree Reckless Burning

       Taking a Motor Vehicle without Authorization

       Forgery

       2nd Degree Perjury

       2nd Degree Promoting Prostitution

       Tampering with a Witness

       Trading in Public Office

       Trading in Special Influence

       Receiving/Granting Unlawful Compensation

       Bigamy

       Eluding a Pursuing Police Vehicle

       Willful Failure to Return from Furlough

       Escape from Community Custody

       Riot (if against property)

       Thefts of Livestock


       ALL OTHER UNCLASSIFIED FELONIES

       Selection of Charges/Degree of Charge

       (i) The prosecutor should file charges which adequately describe the nature of defendant's conduct. Other offenses may be charged only if they are necessary to ensure that the charges:

       (A) Will significantly enhance the strength of the state's case at trial; or

       (B) Will result in restitution to all victims.

       (ii) The prosecutor should not overcharge to obtain a guilty plea. Overcharging includes:

       (A) Charging a higher degree;

       (B) Charging additional counts.

       This standard is intended to direct prosecutors to charge those crimes which demonstrate the nature and seriousness of a defendant's criminal conduct, but to decline to charge crimes which are not necessary to such an indication. Crimes which do not merge as a matter of law, but which arise from the same course of conduct, do not all have to be charged.


       (b) GUIDELINES/COMMENTARY:

       (i) Police Investigation

       A prosecuting attorney is dependent upon law enforcement agencies to conduct the necessary factual investigation which must precede the decision to prosecute. The prosecuting attorney shall ensure that a thorough factual investigation has been conducted before a decision to prosecute is made. In ordinary circumstances the investigation should include the following:

       (A) The interviewing of all material witnesses, together with the obtaining of written statements whenever possible;

       (B) The completion of necessary laboratory tests; and

       (C) The obtaining, in accordance with constitutional requirements, of the suspect's version of the events.

       If the initial investigation is incomplete, a prosecuting attorney should insist upon further investigation before a decision to prosecute is made, and specify what the investigation needs to include.

       (ii) Exceptions

       In certain situations, a prosecuting attorney may authorize filing of a criminal complaint before the investigation is complete if:

       (A) Probable cause exists to believe the suspect is guilty; and

       (B) The suspect presents a danger to the community or is likely to flee if not apprehended; or

       (C) The arrest of the suspect is necessary to complete the investigation of the crime.

       In the event that the exception to the standard is applied, the prosecuting attorney shall obtain a commitment from the law enforcement agency involved to complete the investigation in a timely manner. If the subsequent investigation does not produce sufficient evidence to meet the normal charging standard, the complaint should be dismissed.

       (iii) Investigation Techniques

       The prosecutor should be fully advised of the investigatory techniques that were used in the case investigation including:

       (A) Polygraph testing;

       (B) Hypnosis;

       (C) Electronic surveillance;

       (D) Use of informants.

       (iv) Pre-Filing Discussions with Defendant

       Discussions with the defendant or his/her representative regarding the selection or disposition of charges may occur prior to the filing of charges, and potential agreements can be reached.

       (v) Pre-Filing Discussions with Victim(s)

       Discussions with the victim(s) or victims' representatives regarding the selection or disposition of charges may occur before the filing of charges. The discussions may be considered by the prosecutor in charging and disposition decisions, and should be considered before reaching any agreement with the defendant regarding these decisions.

       Sec. 15. RCW 10.99.040 and 1997 c 338 s 54 are each amended to read as follows:

       (1) Because of the serious nature of domestic violence, the court in domestic violence actions:

       (a) Shall not dismiss any charge or delay disposition because of concurrent dissolution or other civil proceedings;

       (b) Shall not require proof that either party is seeking a dissolution of marriage prior to instigation of criminal proceedings;

       (c) Shall waive any requirement that the victim's location be disclosed to any person, other than the attorney of a criminal defendant, upon a showing that there is a possibility of further violence: PROVIDED, That the court may order a criminal defense attorney not to disclose to his or her client the victim's location; and

       (d) Shall identify by any reasonable means on docket sheets those criminal actions arising from acts of domestic violence.

       (2) Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when any person charged with or arrested for a crime involving domestic violence is released from custody before arraignment or trial on bail or personal recognizance, the court authorizing the release may prohibit that person from having any contact with the victim. The jurisdiction authorizing the release shall determine whether that person should be prohibited from having any contact with the victim. If there is no outstanding restraining or protective order prohibiting that person from having contact with the victim, the court authorizing release may issue, by telephone, a no-contact order prohibiting the person charged or arrested from having contact with the victim. In issuing the order, the court shall consider the provisions of RCW 9.41.800. The no-contact order shall also be issued in writing as soon as possible.

       (3) At the time of arraignment the court shall determine whether a no-contact order shall be issued or extended. If a no-contact order is issued or extended, the court may also include in the conditions of release a requirement that the defendant submit to electronic monitoring. If electronic monitoring is ordered, the court shall specify who shall provide the monitoring services, and the terms under which the monitoring shall be performed. Upon conviction, the court may require as a condition of the sentence that the defendant reimburse the providing agency for the costs of the electronic monitoring.

       (4)(a) Willful violation of a court order issued under subsection (2) or (3) of this section is ((a gross misdemeanor except as provided in (b) and (c) of this subsection (4). Upon conviction and in addition to other penalties provided by law, the court may require that the defendant submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The court also may include a requirement that the defendant pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring.

       (b) Any assault that is a violation of an order issued under this section and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony punishable under chapter 9A.20 RCW, and any conduct in violation of a protective order issued under this section that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony punishable under chapter 9A.20 RCW.

       (c) A willful violation of a court order issued under this section is a class C felony if the offender has at least two previous convictions for violating the provisions of a no-contact order issued under this chapter, a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order issued under Washington law. The previous convictions may involve the same victim or other victims specifically protected by the no-contact orders or protection orders the offender violated)) punishable under RCW 26.50.110.

       (((d))) (b) The written order releasing the person charged or arrested shall contain the court's directives and shall bear the legend: "Violation of this order is a criminal offense under chapter ((10.99)) 26.50 RCW and will subject a violator to arrest; any assault, drive-by shooting, or reckless endangerment that is a violation of this order is a felony. You can be arrested even if any person protected by the order invites or allows you to violate the order's prohibitions. You have the sole responsibility to avoid or refrain from violating the order's provisions. Only the court can change the order." A certified copy of the order shall be provided to the victim. If a no-contact order has been issued prior to charging, that order shall expire at arraignment or within seventy-two hours if charges are not filed. Such orders need not be entered into the computer-based criminal intelligence information system in this state which is used by law enforcement agencies to list outstanding warrants.

       (5) Whenever an order prohibiting contact is issued, modified, or terminated under subsection (2) or (3) of this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall forthwith enter the order for one year or until the expiration date specified on the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state.

       Sec. 16. RCW 10.99.050 and 1997 c 338 s 55 are each amended to read as follows:

       (1) When a defendant is found guilty of a crime and a condition of the sentence restricts the defendant's ability to have contact with the victim, such condition shall be recorded and a written certified copy of that order shall be provided to the victim.

       (2) Willful violation of a court order issued under this section is ((a gross misdemeanor. Any assault that is a violation of an order issued under this section and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony, and any conduct in violation of a protective order issued under this section that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony. A willful violation of a court order issued under this section is also a class C felony if the offender has at least two previous convictions for violating the provisions of a no-contact order issued under this chapter, or a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order that is issued under Washington law. The previous convictions may involve the same victim or other victims specifically protected by the no-contact orders or protection orders the offender violated)) punishable under RCW 26.50.110.

       The written order shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter ((10.99)) 26.50 RCW and will subject a violator to arrest; any assault, drive-by shooting, or reckless endangerment that is a violation of this order is a felony.

       (3) Whenever an order prohibiting contact is issued pursuant to this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall forthwith enter the order for one year into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state.

       Sec. 17. RCW 26.09.300 and 1996 c 248 s 9 are each amended to read as follows:

       (1) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within a specified distance of a location, is ((a misdemeanor)) punishable under RCW 26.50.110.

       (2) A person is deemed to have notice of a restraining order if:

       (a) The person to be restrained or the person's attorney signed the order;

       (b) The order recites that the person to be restrained or the person's attorney appeared in person before the court;

       (c) The order was served upon the person to be restrained; or

       (d) The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

       (3) A peace officer shall verify the existence of a restraining order by:

       (a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or

       (b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

       (4) A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

       (a) A restraining order has been issued under this chapter;

       (b) The respondent or person to be restrained knows of the order; and

       (c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within a specified distance of a location.

       (5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule.

       (6) No peace officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice.

       Sec. 18. RCW 26.10.220 and 1999 c 184 s 11 are each amended to read as follows:

       (1) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within a specified distance of a location, is ((a gross misdemeanor)) punishable under RCW 26.50.110.

       (2) A person is deemed to have notice of a restraining order if:

       (a) The person to be restrained or the person's attorney signed the order;

       (b) The order recites that the person to be restrained or the person's attorney appeared in person before the court;

       (c) The order was served upon the person to be restrained; or

       (d) The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

       (3) A peace officer shall verify the existence of a restraining order by:

       (a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or

       (b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

       (4) A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

       (a) A restraining order has been issued under this chapter;

       (b) The respondent or person to be restrained knows of the order; and

       (c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within a specified distance of a location.

       (5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule.

       (6) No peace officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice.

       Sec. 19. RCW 26.26.138 and 1999 c 184 s 12 are each amended to read as follows:

       (1) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within a specified distance of a location, is ((a gross misdemeanor)) punishable under RCW 26.50.110.

       (2) A person is deemed to have notice of a restraining order if:

       (a) The person to be restrained or the person's attorney signed the order;

       (b) The order recites that the person to be restrained or the person's attorney appeared in person before the court;

       (c) The order was served upon the person to be restrained; or

       (d) The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

       (3) A peace officer shall verify the existence of a restraining order by:

       (a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or

       (b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

       (4) A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

       (a) A restraining order has been issued under this chapter;

       (b) The respondent or person to be restrained knows of the order; and

       (c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within a specified distance of a location.

       (5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule.

       (6) No peace officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice.

       Sec. 20. RCW 26.50.110 and 1996 c 248 s 16 are each amended to read as follows:

       (1) Whenever an order ((for protection)) is granted under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or there is a valid foreign protection order as defined in RCW 26.52.020, and the respondent or person to be restrained knows of the order, a violation of the restraint provisions, or of a provision excluding the person from a residence, workplace, school, or day care, or of a provision prohibiting a person from knowingly coming within, or knowingly remaining within a specified distance of a location, or of a provision of a foreign protection order specifically indicating that a violation will be a crime, for which an arrest is required under RCW 10.31.100(2) (a) or (b), is a gross misdemeanor except as provided in subsections (4) and (5) of this section. Upon conviction, and in addition to any other penalties provided by law, the court may require that the respondent submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services, and the terms under which the monitoring shall be performed. The order also may include a requirement that the respondent pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring.

       (2) A peace officer shall arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated an order issued under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or a valid foreign protection order as defined in RCW 26.52.020, that restrains the person or excludes the person from a residence, workplace, school, or day care, or prohibits the person from knowingly coming within, or knowingly remaining within a specified distance of a location, if the person restrained knows of the order. Presence of the order in the law enforcement computer-based criminal intelligence information system is not the only means of establishing knowledge of the order.

       (3) A violation of an order ((for protection)) issued under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a valid foreign protection order as defined in RCW 26.52.020, shall also constitute contempt of court, and is subject to the penalties prescribed by law.

       (4) Any assault that is a violation of an order issued under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a valid foreign protection order as defined in RCW 26.52.020, and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony, and any conduct in violation of ((a protective)) such an order ((issued under this chapter)) that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony.

       (5) A violation of a court order issued under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a valid foreign protection order as defined in RCW 26.52.020, is a class C felony if the offender has at least two previous convictions for violating the provisions of ((a no-contact)) an order issued under this chapter, chapter 10.99 ((RCW, a domestic violence protection order issued under chapter 26.09, 26.10, or 26.26 RCW or this chapter, or any federal or out-of-state order that is comparable to a no-contact or protection order issued under Washington law)), 26.09, 26.10, 26.26, or 74.34 RCW, or a valid foreign protection order as defined in RCW 26.52.020. The previous convictions may involve the same victim or other victims specifically protected by the ((no-contact orders or protection)) orders the offender violated.

       (6) Upon the filing of an affidavit by the petitioner or any peace officer alleging that the respondent has violated an order ((for protection)) granted under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or a valid foreign protection order as defined in RCW 26.52.020, the court may issue an order to the respondent, requiring the respondent to appear and show cause within fourteen days why the respondent should not be found in contempt of court and punished accordingly. The hearing may be held in the court of any county or municipality in which the petitioner or respondent temporarily or permanently resides at the time of the alleged violation.

       Sec. 21. RCW 26.50.160 and 1995 c 246 s 18 are each amended to read as follows:

       To prevent the issuance of competing protection orders in different courts and to give courts needed information for issuance of orders, the judicial information system shall be available in each district, municipal, and superior court by July 1, 1997, and shall include a data base containing the following information:

       (1) The names of the parties and the cause number for every order of protection issued under this title, every criminal no-contact order issued under chapter 10.99 RCW, every antiharassment order issued under chapter 10.14 RCW, every dissolution action under chapter 26.09 RCW, every third-party custody action under chapter 26.10 RCW, ((and)) every parentage action under chapter ((26.10)) 26.26 RCW, every foreign protection order filed under chapter 26.52 RCW, and every order for protection of a vulnerable adult under chapter 74.34 RCW. When a guardian or the department of social and health services has petitioned for relief on behalf of a vulnerable adult, the name of the vulnerable adult shall be included in the data base as a party rather than the guardian or department;

       (2) A criminal history of the parties; and

       (3) Other relevant information necessary to assist courts in issuing orders under this chapter as determined by the judicial information system committee.

       Sec. 22. RCW 26.52.070 and 1999 c 184 s 9 are each amended to read as follows:

       (1) Whenever a foreign protection order is granted to a person entitled to protection and the person under restraint knows of the foreign protection order, a violation of a provision prohibiting the person under restraint from contacting or communicating with another person, or of a provision excluding the person under restraint from a residence, workplace, school, or day care, or of a provision prohibiting a person from knowingly coming within, or knowingly remaining within a specified distance of a location, or a violation of any provision for which the foreign protection order specifically indicates that a violation will be a crime, is ((a gross misdemeanor except as provided in subsections (3) and (4) of this section. Upon conviction, and in addition to any other penalties provided by law, the court may require the person under restraint to submit to electronic monitoring. The court shall specify who will provide the electronic monitoring services, and the terms under which the monitoring will be performed. The order also may include a requirement that the person under restraint pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring)) punishable under RCW 26.50.110.

       (2) A peace officer shall arrest without a warrant and take into custody a person when the peace officer has probable cause to believe that a foreign protection order has been issued of which the person under restraint has knowledge and the person under restraint has violated a provision of the foreign protection order that prohibits the person under restraint from contacting or communicating with another person, or a provision that excludes the person under restraint from a residence, workplace, school, or day care, or of a provision prohibiting a person from knowingly coming within, or knowingly remaining within a specified distance of a location, or a violation of any provision for which the foreign protection order specifically indicates that a violation will be a crime. Presence of the order in the law enforcement computer-based criminal intelligence information system is not the only means of establishing knowledge of the order.

       (((3) An assault that is a violation of a valid foreign protection order that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony, and conduct in violation of a valid foreign protection order issued under this chapter that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony.

       (4) A violation of a valid foreign protection order is a class C felony if the offender has at least two previous convictions for violating the provisions of a no-contact order issued under chapter 10.99 RCW, a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, or a federal or out-of-state order that is comparable to a no-contact or protection order issued under Washington law. The previous convictions may involve the same person entitled to protection or other person entitled to protection specifically protected by the no-contact orders or protection orders the offender violated.))

       Sec. 23. RCW 74.34.130 and 1999 c 176 s 13 are each amended to read as follows:

       The court may order relief as it deems necessary for the protection of the petitioner, including, but not limited to the following:

       (1) Restraining respondent from committing acts of abandonment, abuse, neglect, or financial exploitation;

       (2) Excluding the respondent from petitioner's residence for a specified period or until further order of the court;

       (3) Prohibiting contact by respondent for a specified period or until further order of the court;

       (4) Prohibiting the respondent from knowingly coming within, or knowingly remaining within a specified distance from a specified location;

       (5) Requiring an accounting by respondent of the disposition of petitioner's income or other resources;

       (((5))) (6) Restraining the transfer of property for a specified period not exceeding ninety days;

       (((6))) (7) Requiring the respondent to pay the filing fee and court costs, including service fees, and to reimburse the petitioner for costs incurred in bringing the action, including a reasonable attorney's fee.

       Any relief granted by an order for protection, other than a judgment for costs, shall be for a fixed period not to exceed one year. The clerk of the court shall enter any order for protection issued under this section into the judicial information system.

       NEW SECTION. Sec. 24. Section 13 of this act takes effect July 1, 2000.

       NEW SECTION. Sec. 25. The penalties prescribed in this act apply to violations of court orders which occur on or after July 1, 2000, regardless of the date the court issued the order."


MOTIONS


      On motion of Senator Costa, the following title amendment was adopted:

       On page 1, line 1 of the title, after "orders;" strike the remainder of the title and insert "amending RCW 10.31.100, 10.99.020, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.26.137, 26.50.060, 26.50.070, 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.50.160, 26.52.070, and 74.34.130; reenacting and amending RCW 9.94A.320 and 9.94A.440; adding a new section to chapter 26.50 RCW; adding a new section to chapter 74.34 RCW; creating a new section; prescribing penalties; and providing an effective date."

      On motion of Senator Costa, the rules were suspended, House Bill No. 2595, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2595, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2595, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Wojahn and Zarelli - 46.

     Excused: Senators Deccio, Sellar and Winsley - 3.

      HOUSE BILL NO. 2595, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2588, by House Committee on Children and Family Services (originally sponsored by Representatives Tokuda, D. Sommers, Kagi, Boldt, Kenney, Dickerson, Ogden, Veloria, Haigh, Santos, Romero, O'Brien, Edwards, Constantine, Rockefeller, Miloscia and McIntire)

 

Creating domestic violence fatality review panels.


      The bill was read the second time.


MOTION


      On motion of Senator Heavey, the following Committee on Judiciary amendment was not adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

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

       (2) "Domestic violence fatality" means a homicide or suicide under any of the following circumstances:

       (a) The alleged perpetrator and victim resided together at any time;

       (b) The alleged perpetrator and victim have a child in common;

       (c) The alleged perpetrator and victim were married, divorced, separated, or had a dating relationship;

       (d) The alleged perpetrator had been stalking the victim;

       (e) The homicide victim lived in the same household, was present at the workplace of, was in proximity of, or was related by blood or affinity to a victim who experienced or was threatened with domestic abuse by the alleged perpetrator;

       (f) The victim or perpetrator was a child of a person in a relationship that is described within this subsection; or

       (g) The domestic violence fatality review panel decides that the death falls within the parameters of its mission.

       This subsection should be interpreted broadly to give the domestic violence fatality review panels discretion to review fatalities that have occurred both directly and peripherally to domestic relationships.

       NEW SECTION. Sec. 2. (1) Subject to the availability of state funds, the department shall contract with an entity with expertise in domestic violence policy and education and with a state-wide perspective to coordinate review of domestic violence fatalities. The coordinating entity shall be authorized to:

       (a) Convene regional review panels;

       (b) Gather information for use of regional review panels;

       (c) Provide training and technical assistance to regional review panels;

       (d) Compile information and issue biennial reports with recommendations; and

       (e) Establish a protocol that may be used as a guideline for identifying domestic violence related fatalities, forming review panels, convening reviews, and selecting which cases to review. The coordinating entity may also establish protocols for data collection and preservation of confidentiality.

       (2)(a) The coordinating entity may convene a regional domestic violence fatality review panel to review any domestic violence fatality.

       (b) Private citizens may request a review of a particular death by submitting a written request to the coordinating entity within two years of the death. Of these, the appropriate regional review panel may review those cases which fit the criteria set forth in the protocol for the project.

       NEW SECTION. Sec. 3. (1) Regional domestic violence fatality review panels shall include but not be limited to:

       (a) Medical personnel with expertise in domestic violence abuse;

       (b) Coroners or medical examiners or others experienced in the field of forensic pathology, if available;

       (c) County prosecuting attorneys and municipal attorneys;

       (d) Domestic violence shelter service staff and domestic violence victims' advocates;

       (e) Law enforcement personnel;

       (f) Local health department staff;

       (g) Child protective services workers;

       (h) Community corrections professionals;

       (i) Perpetrator treatment program provider; and

       (j) Judges, court administrators, and/or their representatives.

       (2) Regional domestic violence fatality review panels may also invite other relevant persons to serve on an ad hoc basis and participate as full members of the review team for a particular review. These persons may include, but are not limited to:

       (a) Individuals with particular expertise helpful to the regional review panel;

       (b) Representatives of organizations or agencies that had contact with or provided services to the homicide victim or to the alleged perpetrator.

       (3) The regional review panels shall make periodic reports to the coordinating entity and shall make a final report to the coordinating entity with regard to every fatality that is reviewed.

       NEW SECTION. Sec. 4. (1) An oral or written communication or a document shared within or produced by a regional domestic violence fatality review panel related to a domestic violence fatality review is confidential and not subject to disclosure or discoverable by a third party. An oral or written communication or a document provided by a third party to a regional domestic violence fatality review panel, or between a third party and a regional domestic violence fatality review panel is confidential and not subject to disclosure or discovery by a third party. Notwithstanding the foregoing, recommendations from the regional domestic violence fatality review panel and the coordinating entity generally may be disclosed minus personal identifiers.

       (2) The regional review panels shall have access to information and records regarding the domestic violence victims and perpetrators under review held by domestic violence perpetrators' treatment providers; dental care providers; hospitals, medical providers, and pathologists; coroners and medical examiners; mental health providers; lawyers; the state and local governments; the courts; and employers. The coordinating entity and the regional review panels shall maintain the confidentiality of such information to the extent required by any applicable law.

       (3) The regional review panels shall review, when determined to be appropriate, guardian ad litem reports, parenting evaluations, and victim impact statements; probation information; mental health evaluations done for court; presentence interviews and reports, and any recommendations made regarding bail and release on own recognizance; child protection services, welfare, and other information held by the department; any law enforcement incident documentation, such as incident reports, dispatch records, victim, witness, and suspect statements, and any supplemental reports, probable cause statements, and 911 call taker's reports; corrections and postsentence supervision reports; and any other information determined to be relevant to the review. The coordinating entity and the regional review panels shall maintain the confidentiality of such information to the extent required by any applicable law.

       NEW SECTION. Sec. 5. If acting in good faith, without malice, and within the parameters of this chapter and the protocols established, representatives of the coordinating entity and the regional domestic violence fatality review panels are immune from civil or criminal liability for an activity related to reviews of particular fatalities.

       NEW SECTION. Sec. 6. Within available funds, data regarding each domestic violence fatality review shall be collected on standard forms created by the coordinating entity. Data collected on reviewed fatalities shall be compiled and analyzed for the purposes of identifying points at which the system response to domestic violence could be improved and identifying patterns in domestic violence fatalities.                 NEW SECTION. Sec. 7. (1) A biennial state-wide report shall be issued by the coordinating entity in December of even-numbered years containing recommendations on policy changes that would improve program performance, and issues identified through the work of the regional panels. Copies of this report shall be distributed to the house of representatives children and family services and criminal justice and corrections committees and the senate human services and corrections committee and to those agencies involved in the regional domestic violence fatality review panels.

       (2) The annual report in December 2010 shall contain a recommendation as to whether or not the domestic violence review process provided for in this chapter should continue or be terminated by the legislature.

       NEW SECTION. Sec. 8. Sections 1 through 7 of this act constitute a new chapter in Title 43 RCW.

       NEW SECTION. Sec. 9. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2000, in the omnibus appropriations act, this act is null and void."


MOTION


      On motion of Senator Costa, the following striking amendment by Senators Costa, Heavey, Hargrove and Long was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

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

       (2) "Domestic violence fatality" means a homicide or suicide under any of the following circumstances:

       (a) The alleged perpetrator and victim resided together at any time;

       (b) The alleged perpetrator and victim have a child in common;

       (c) The alleged perpetrator and victim were married, divorced, separated, or had a dating relationship;

       (d) The alleged perpetrator had been stalking the victim;

       (e) The homicide victim lived in the same household, was present at the workplace of, was in proximity of, or was related by blood or affinity to a victim who experienced or was threatened with domestic abuse by the alleged perpetrator; or

       (f) The victim or perpetrator was a child of a person in a relationship that is described within this subsection.

       This subsection should be interpreted broadly to give the domestic violence fatality review panels discretion to review fatalities that have occurred directly to domestic relationships.

       NEW SECTION. Sec. 2. (1) Subject to the availability of state funds, the department shall contract with an entity with expertise in domestic violence policy and education and with a state-wide perspective to coordinate review of domestic violence fatalities. The coordinating entity shall be authorized to:

       (a) Convene regional review panels;

       (b) Gather information for use of regional review panels;

       (c) Provide training and technical assistance to regional review panels;

       (d) Compile information and issue biennial reports with recommendations; and

       (e) Establish a protocol that may be used as a guideline for identifying domestic violence related fatalities, forming review panels, convening reviews, and selecting which cases to review. The coordinating entity may also establish protocols for data collection and preservation of confidentiality.

       (2)(a) The coordinating entity may convene a regional domestic violence fatality review panel to review any domestic violence fatality.

       (b) Private citizens may request a review of a particular death by submitting a written request to the coordinating entity within two years of the death. Of these, the appropriate regional review panel may review those cases which fit the criteria set forth in the protocol for the project.

       NEW SECTION. Sec. 3. (1) Regional domestic violence fatality review panels shall include but not be limited to:

       (a) Medical personnel with expertise in domestic violence abuse;

       (b) Coroners or medical examiners or others experienced in the field of forensic pathology, if available;

       (c) County prosecuting attorneys and municipal attorneys;

       (d) Domestic violence shelter service staff and domestic violence victims' advocates;

       (e) Law enforcement personnel;

       (f) Local health department staff;

       (g) Child protective services workers;

       (h) Community corrections professionals;

       (i) Perpetrator treatment program provider; and

       (j) Judges, court administrators, and/or their representatives.

       (2) Regional domestic violence fatality review panels may also invite other relevant persons to serve on an ad hoc basis and participate as full members of the review team for a particular review. These persons may include, but are not limited to:

       (a) Individuals with particular expertise helpful to the regional review panel;

       (b) Representatives of organizations or agencies that had contact with or provided services to the homicide victim or to the alleged perpetrator.

       (3) The regional review panels shall make periodic reports to the coordinating entity and shall make a final report to the coordinating entity with regard to every fatality that is reviewed.

       NEW SECTION. Sec. 4. (1) An oral or written communication or a document shared within or produced by a regional domestic violence fatality review panel related to a domestic violence fatality review is confidential and not subject to disclosure or discoverable by a third party. An oral or written communication or a document provided by a third party to a regional domestic violence fatality review panel, or between a third party and a regional domestic violence fatality review panel is confidential and not subject to disclosure or discovery by a third party. Notwithstanding the foregoing, recommendations from the regional domestic violence fatality review panel and the coordinating entity generally may be disclosed minus personal identifiers.

       (2) The regional review panels, only to the extent otherwise permitted by law or court rule, shall have access to information and records regarding the domestic violence victims and perpetrators under review held by domestic violence perpetrators' treatment providers; dental care providers; hospitals, medical providers, and pathologists; coroners and medical examiners; mental health providers; lawyers; the state and local governments; the courts; and employers. The coordinating entity and the regional review panels shall maintain the confidentiality of such information to the extent required by any applicable law.

       (3) The regional review panels shall review, only to the extent otherwise permitted by law or court rule when determined to be relevant and necessary to an investigation, guardian ad litem reports, parenting evaluations, and victim impact statements; probation information; mental health evaluations done for court; presentence interviews and reports, and any recommendations made regarding bail and release on own recognizance; child protection services, welfare, and other information held by the department; any law enforcement incident documentation, such as incident reports, dispatch records, victim, witness, and suspect statements, and any supplemental reports, probable cause statements, and 911 call taker's reports; corrections and postsentence supervision reports; and any other information determined to be relevant to the review. The coordinating entity and the regional review panels shall maintain the confidentiality of such information to the extent required by any applicable law.

       NEW SECTION. Sec. 5. If acting in good faith, without malice, and within the parameters of this chapter and the protocols established, representatives of the coordinating entity and the regional domestic violence fatality review panels are immune from civil liability for an activity related to reviews of particular fatalities.

       NEW SECTION. Sec. 6. Within available funds, data regarding each domestic violence fatality review shall be collected on standard forms created by the coordinating entity. Data collected on reviewed fatalities shall be compiled and analyzed for the purposes of identifying points at which the system response to domestic violence could be improved and identifying patterns in domestic violence fatalities.

       NEW SECTION. Sec. 7. (1) A biennial state-wide report shall be issued by the coordinating entity in December of even-numbered years containing recommendations on policy changes that would improve program performance, and issues identified through the work of the regional panels. Copies of this report shall be distributed to the governor, the house of representatives children and family services and criminal justice and corrections committees, and the senate human services and corrections and judiciary committees and to those agencies involved in the regional domestic violence fatality review panels.

       (2) The annual report in December 2010 shall contain a recommendation as to whether or not the domestic violence review process provided for in this chapter should continue or be terminated by the legislature.

       NEW SECTION. Sec. 8. Sections 1 through 7 of this act constitute a new chapter in Title 43 RCW.

       NEW SECTION. Sec. 9. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

       NEW SECTION. Sec. 10. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2000, in the omnibus appropriations act, this act is null and void."


MOTIONS


      On motion of Senator Costa, the following title amendment was adopted:

       On page 1, line 1 of the title, after "reviews;" strike the remainder of the title and insert "adding a new chapter to Title 43 RCW; and creating new sections."

      On motion of Senator Costa, the rules were suspended, Engrossed Second Substitute House Bill No. 2588, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute House Bill No. 2588, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 2588, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.

    Excused: Senator Sellar - 1.

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2588, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Eide, Senators Hargrove and Thibaudeau were excused.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2721, by House Committee on Judiciary (originally sponsored by Representatives Morris, Schoesler, Grant, Mastin, Quall, Dunn and Anderson)

 

Changing provisions relating to venue of actions by or against counties.


      The bill was read the second time.


MOTION


      On motion of Senator Heavey, the rules were suspended, Substitute House Bill No. 2721 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2721.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2721 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 45.

     Absent: Senator Deccio - 1.

     Excused: Senators Hargrove, Sellar and Thibaudeau - 3.

      SUBSTITUTE HOUSE BILL NO. 2721, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Honeyford, Senator Deccio was excused.


SECOND READING


      HOUSE BILL NO. 2407, by Representatives Lantz, Esser and Haigh (by request of Board for Judicial Administration)

 

Authorizing judges pro tempore whenever a judge serves on a commission, board, or committee.


      The bill was read the second time.


MOTION


      On motion of Senator Heavey, the rules were suspended, House Bill No. 2407 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2407.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2407 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Wojahn - 44.

     Voting nay: Senator Zarelli - 1.

     Excused: Senators Deccio, Hargrove, Sellar and Thibaudeau - 4.

      HOUSE BILL NO. 2407, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 2353, by Representatives Wood, Carrell and Hurst (by request of Gambling Commission)

 

Allowing criminal history records to be sent to the Washington state gambling commission.


      The bill was read the second time.


MOTION


      On motion of Senator Prentice, the following Committee on Commerce, Trade, Housing and Financial Institutions striking amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 9.46.210 and 1981 c 139 s 11 are each amended to read as follows:

       (1) It shall be the duty of all peace officers, law enforcement officers, and law enforcement agencies within this state to investigate, enforce, and prosecute all violations of this chapter.

       (2) In addition to the authority granted by subsection (1) of this section law enforcement agencies of cities and counties shall investigate and report to the commission all violations of the provisions of this chapter and of the rules of the commission found by them and shall assist the commission in any of its investigations and proceedings respecting any such violations. Such law enforcement agencies shall not be deemed agents of the commission.

       (3) In addition to its other powers and duties, the commission shall have the power to enforce the penal provisions of chapter 218, Laws of 1973 1st ex. sess. and as it may be amended, and the penal laws of this state relating to the conduct of or participation in gambling activities and the manufacturing, importation, transportation, distribution, possession, and sale of equipment or paraphernalia used or for use in connection therewith. The director, the deputy director, both assistant directors, and each of the commission's investigators, enforcement officers, and inspectors shall have the power, under the supervision of the commission, to enforce the penal provisions of chapter 218, Laws of 1973 1st ex. sess. and as it may be amended, and the penal laws of this state relating to the conduct of or participation in gambling activities and the manufacturing, importation, transportation, distribution, possession, and sale of equipment or paraphernalia used or for use in connection therewith. They shall have the power and authority to apply for and execute all warrants and serve process of law issued by the courts in enforcing the penal provisions of chapter 218, Laws of 1973 1st ex. sess. and as it may be amended, and the penal laws of this state relating to the conduct of or participation in gambling activities and the manufacturing, importation, transportation, distribution, possession, and sale of equipment or paraphernalia used or for use in connection therewith. They shall have the power to arrest without a warrant, any person or persons found in the act of violating any of the penal provisions of chapter 218, Laws of 1973 1st ex. sess. and as it may be amended, and the penal laws of this state relating to the conduct of or participation in gambling activities and the manufacturing, importation, transportation, distribution, possession, and sale of equipment or paraphernalia used or for use in connection therewith. To the extent set forth above, the commission shall be a law enforcement agency of this state with the power to investigate for violations of and to enforce the provisions of this chapter, as now law or hereafter amended, and to obtain information from and provide information to all other law enforcement agencies.

       (4) Criminal history record information that includes nonconviction data, as defined in RCW 10.97.030, shall be disseminated by a criminal justice agency to the Washington state gambling commission for any purpose associated with the investigation for suitability for involvement in gambling activities authorized under this chapter. The Washington state gambling commission shall only disseminate nonconviction data obtained under this section to criminal justice agencies."


MOTIONS


      On motion of Senator Prentice, the following title amendment was adopted:

       On line 2 of the title, after "commission;" strike the remainder of the title and insert "and amending RCW 9.46.210."

      On motion of Senator Prentice, the rules were suspended, House Bill No. 2353, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2353, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2353, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 37; Nays, 9; Absent, 0; Excused, 3.

     Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Loveland, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, West, Winsley and Wojahn - 37.

     Voting nay: Senators Benton, Hargrove, Hochstatter, Long, Morton, Roach, Stevens, Swecker and Zarelli - 9.

     Excused: Senators Deccio, Sellar and Thibaudeau - 3.

      HOUSE BILL NO. 2353, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 2400, by Representatives Constantine, Esser, Lantz, Barlean, Cairnes and Pflug (by request of Office of the Code Reviser)

 

Making technical corrections to Titles 18 and 19 RCW.


      The bill was read the second time.


MOTION


      On motion of Senator Prentice, the following Committee on Commerce, Trade, Housing and Financial Institutions striking amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 18.04.295 and 1992 c 103 s 11 are each amended to read as follows:

       The board of accountancy shall have the power to revoke, suspend, (([or])) or refuse to renew a certificate or license, and may impose a fine in an amount not to exceed one thousand dollars plus the board's investigative and legal costs in bringing charges against a certified public accountant, or impose conditions precedent to renewal of the certificate or license of any certified public accountant for any of the following causes:

       (1) Fraud or deceit in obtaining a certificate as a certified public accountant, or in obtaining a license;

       (2) Dishonesty, fraud, or negligence while representing oneself as a CPA;

       (3) A violation of any provision of this chapter;

       (4) A violation of a rule of professional conduct promulgated by the board under the authority granted by this chapter;

       (5) Conviction of a crime or an act constituting a crime under:

       (a) The laws of this state;

       (b) The laws of another state, and which, if committed within this state, would have constituted a crime under the laws of this state; or

       (c) Federal law;

       (6) Cancellation, revocation, suspension, or refusal to renew the authority to practice as a certified public accountant by any other state for any cause other than failure to pay a fee or to meet the requirements of continuing education in the other state;

       (7) Suspension or revocation of the right to practice matters relating to public accounting before any state or federal agency;

       For purposes of subsections (6) and (7) of this section, a certified copy of such revocation, suspension, or refusal to renew shall be prima facie evidence;

       (8) Failure to maintain compliance with the requirements for issuance, renewal, or reinstatement of the certificate or license, or to report changes to the board;

       (9) Failure to cooperate with the board by:

       (a) Failure to furnish any papers or documents requested or ordered by the board;

       (b) Failure to furnish in writing a full and complete explanation covering the matter contained in the complaint filed with the board or the inquiry of the board;

       (c) Failure to respond to subpoenas issued by the board, whether or not the recipient of the subpoena is the accused in the proceeding.


EXPLANATORY NOTE

Corrects a manifest grammatical error.

       Sec. 2. RCW 18.04.105 and 1999 c 378 s 2 are each amended to read as follows:

       (1) The certificate of "certified public accountant" shall be granted by the board to any person:

       (a) Who is of good character. Good character, for purposes of this section, means lack of a history of dishonest or felonious acts. The board may refuse to grant a certificate on the ground of failure to satisfy this requirement only if there is a substantial connection between the lack of good character of the applicant and the professional responsibilities of a certified public accountant and if the finding by the board of lack of good character is supported by a preponderance of evidence. When an applicant is found to be unqualified for a certificate because of a lack of good character, the board shall furnish the applicant a statement containing the findings of the board and a notice of the applicant's right of appeal;

       (b) Who has met the educational standards established by rule as the board determines to be appropriate;

       The board may, in its discretion, waive the educational requirements for any person if it is satisfied through review of documentation of successful completion of an equivalency examination that the person's educational qualifications are an acceptable substitute for the requirements of (b) of this subsection; and

       (c) Who has passed a written examination.

       (2) The examination described in subsection (1)(c) of this section shall be in writing, shall be held twice a year, and shall test the applicant's knowledge of the subjects of accounting and auditing, and other related fields the board may specify by rule. The time for holding the examination is fixed by the board and may be changed from time to time. The board shall prescribe by rule the methods of applying for and taking the examination, including methods for grading papers and determining a passing grade required of an applicant for a certificate. The board shall to the extent possible see to it that the grading of the examination, and the passing grades, are uniform with those applicable to all other states. The board may make use of all or a part of the uniform certified public accountant examination and advisory grading service of the American Institute of Certified Public Accountants and may contract with third parties to perform administrative services with respect to the examination as the board deems appropriate to assist it in performing its duties under this chapter.

       (3) An applicant is required to pass all sections of the examination provided for in subsection (2) of this section in order to qualify for a certificate. If at a given sitting of the examination an applicant passes two or more but not all sections, then the applicant shall be given credit for those sections that he or she passed, and need not take those sections again: PROVIDED, That:

       (a) The applicant took all sections of the examination at that sitting;

       (b) The applicant attained a minimum grade of fifty on each section not passed at that sitting;

       (c) The applicant passes the remaining sections of the examination within six consecutive examinations given after the one at which the first sections were passed;

       (d) At each subsequent sitting at which the applicant seeks to pass additional sections, the applicant takes all sections not yet passed; and

       (e) In order to receive credit for passing additional sections in a subsequent sitting, the applicant attains a minimum grade of fifty on sections written but not passed on the sitting.

       (4) The board may waive or defer any of the requirements of subsection (3) of this section for candidates transferring conditional CPA exam credits from other states or for qualifying reciprocity certification applicants who met the conditioning requirements of the state or foreign jurisdiction issuing their original certificate.

       (5) The board shall charge each applicant an examination fee for the initial examination under subsection (1) of this section, or for reexamination under subsection (3) of this section for each subject in which the applicant is reexamined. The applicable fee shall be paid by the person at the time he or she applies for examination, reexamination, or evaluation of educational qualifications. Fees for examination, reexamination, or evaluation of educational qualifications shall be determined by the board under chapter 18.04 RCW. There is established in the state treasury an account to be known as the certified public accountants' account. All fees received from candidates to take any or all sections of the certified public accountant examination shall be used only for costs related to the examination.

       (6) Persons who on June 30, 1986, held certified public accountant certificates previously issued under the laws of this state shall not be required to obtain additional certificates under this chapter, but shall otherwise be subject to this chapter. Certificates previously issued shall, for all purposes, be considered certificates issued under this chapter and subject to its provisions.

       (7) A certificate of a "certified public accountant" under this chapter is issued every three years with renewal subject to requirements of continuing professional education and payment of fees, prescribed by the board.

       (8) The board shall adopt rules providing for continuing professional education for certified public accountants. The rules shall:

       (a) Provide that a certified public accountant shall verify to the board that he or she has completed at least an accumulation of one hundred twenty hours of continuing professional education during the last three-year period to maintain the certificate;

       (b) Establish continuing professional education requirements;

       (c) Establish when newly certificated public accountants shall verify that they have completed the required continuing professional education;

       (d) Provide that failure to furnish verification of the completion of the continuing professional education requirement shall make the certificate invalid and subject to reinstatement, unless the board determines that the failure was due to retirement, reasonable cause, or excusable neglect; and

       (e) Provide for transition from existing to new continuing professional education requirements.

       (9) The board may adopt by rule new CPE standards that differ from those in subsection (8) of this section or RCW 18.04.215 if: (a) The new standards are consistent with the continuing professional education standards of other states so as to provide to the greatest extent possible, consistent national standards; and (b) the new standards are at least as strict as the standards set forth in subsection (8) of this section or RCW 18.04.215.

       Sec. 3. RCW 18.20.010 and 1985 c 297 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 boarding homes, which, in the light of advancing knowledge, will promote safe and adequate care of the individuals therein. It is further the intent of the legislature that boarding homes be available to meet the needs of those for whom they care by recognizing the capabilities of individuals to direct their self-medication or to use supervised self-medication techniques when ordered and approved by a physician licensed under chapter 18.57 or 18.71 RCW or a ((podiatrist)) podiatric physician and surgeon licensed under chapter 18.22 RCW.


EXPLANATORY NOTE

The term "podiatrist" was changed to "podiatric physician and surgeon" by 1990 c 147.

       Sec. 4. RCW 18.22.040 and 1993 c 29 s 2 are each amended to read as follows:

       Before any person may take an examination for the issuance of a podiatric physician and surgeon license, the applicant shall submit a completed application and a fee determined by the secretary as provided in RCW 43.70.250. The applicant shall also furnish the secretary and the board with satisfactory proof that:

       (1) The applicant has not engaged in unprofessional conduct as defined in chapter 18.130 RCW and is not unable to practice with reasonable skill and safety as a result of a physical or mental impairment;

       (2) The applicant has satisfactorily completed a course in an approved school of podiatric medicine and surgery;

       (3) The applicant has completed one year (([of])) of postgraduate podiatric medical training in a program approved by the board, provided that applicants graduating before July 1, 1993, shall be exempt from the postgraduate training requirement.


EXPLANATORY NOTE

Corrects a manifest grammatical error.

       Sec. 5. RCW 18.25.0151 and 1994 sp.s. c 9 s 104 are each amended to read as follows:

       The Washington state chiropractic quality assurance commission is established, consisting of fourteen members appointed by the governor to four-year terms, and including eleven practicing chiropractors and three public members. No member may serve more than two consecutive full terms. In appointing the initial members of the commission, it is the intent of the legislature that, to the extent possible, the governor appoint members of the previous boards and committees regulating this profession to the commission. Members of the commission hold office until their successors are appointed. The governor may appoint the members of the initial ((commissions [commission])) commission to staggered terms of from one to four years. Thereafter, all members shall be appointed to full four-year terms. The governor may consider persons who are recommended for appointment by chiropractic associations of this state.


EXPLANATORY NOTE

Corrects a manifest grammatical error.

       Sec. 6. RCW 18.25.0196 and 1974 ex.s. c 97 s 5 are each amended to read as follows:

       Notwithstanding any other provision of law, for the purpose of RCW ((8.25.120 through 18.25.150 and 18.25.170)) 18.25.0192 through 18.25.0195 and 18.25.0197 it is immaterial whether the cost of any policy, plan, agreement, or contract be deemed additional compensation for services, or otherwise.


EXPLANATORY NOTE

RCW 18.25.120 through 18.25.150 and 18.25.170 were recodified as RCW 18.25.0192 through 18.25.0195 and 18.25.0197 by 1994 sp.s. c 9 s 120, effective July 1, 1994.


       Sec. 7. RCW 18.25.0197 and 1974 ex.s. c 97 s 6 are each amended to read as follows:

       RCW ((18.25.120 through 18.25.160)) 18.25.0192 through 18.25.0196 shall apply to all agreements, renewals, or contracts issued on or after July 24, 1974.


EXPLANATORY NOTE

RCW 18.25.120 through 18.25.160 were recodified as RCW 18.25.0192 through 18.25.0196 by 1994 sp.s. c 9 s 120, effective July 1, 1994.

       Sec. 8. RCW 18.25.190 and 1994 sp.s. c 9 s 118 are each amended to read as follows:

       Nothing in this chapter shall be construed to prohibit:

       (1) The temporary practice in this state of chiropractic by any chiropractor licensed by another state, territory, or country in which he or she resides. However, the chiropractor shall not establish a practice open to the general public and shall not engage in temporary practice under this section for a period longer than thirty days. The chiropractor shall register his or her intention to engage in the temporary practice of chiropractic in this state with the commission before engaging in the practice of chiropractic, and shall agree to be bound by such conditions as may be prescribed by rule by the commission.

       (2) The practice of chiropractic, except the administration of a chiropractic adjustment, by a person who is a regular senior student in an accredited school of chiropractic approved by the commission if the practice is part of a regular course of instruction offered by the school and the student is under the direct supervision and control of a chiropractor duly licensed pursuant to this chapter and approved by the commission.

       (3) The practice of chiropractic by a person serving a period of postgraduate chiropractic training in a program of clinical chiropractic training sponsored by a school of chiropractic accredited in this state if the practice is part of his or her duties as a clinical postgraduate trainee and the trainee is under the direct supervision and control of a chiropractor duly licensed pursuant to this chapter and approved by the commission.

       (4) The practice of chiropractic by a person who is eligible and has applied to take the next available examination for licensing offered by the commission, except that the unlicensed chiropractor must provide all services under the direct control and supervision of a licensed chiropractor approved by the commission. The unlicensed chiropractor may continue to practice as provided by this subsection until the results of the next available examination are published, but in no case for a period longer than six months. The commission shall adopt rules necessary to effectuate the intent of this subsection.

       Any provision of chiropractic services by any individual under subsection (1), (2), (3), or (4) of this section shall be subject to the jurisdiction of the commission as provided in chapter((s 18.26 and)) 18.130 RCW.


EXPLANATORY NOTE

Chapter 18.26 RCW was repealed by 1994 sp.s. c 9 s 121, effective July 1, 1994.

       Sec. 9. RCW 18.27.270 and 1997 c 314 s 16 are each amended to read as follows:

       (1) A contractor who is issued a notice of infraction shall respond within twenty days of the date of issuance of the notice of infraction.

       (2) If the contractor named in the notice of infraction does not elect to contest the notice of infraction, then the contractor shall pay to the department, by check or money order, the amount of the penalty prescribed for the infraction. When a response which does not contest the notice of infraction is received by the department with the appropriate penalty, the department shall make the appropriate entry in its records.

       (3) If the contractor named in the notice of infraction elects to contest the notice of infraction, the contractor shall respond by filing an answer of protest with the department specifying the grounds of protest.

       (4) If any contractor issued a notice of infraction fails to respond within the prescribed response period, the contractor shall be guilty of a misdemeanor and prosecuted in the county where the infraction occurred.

       (5) After final determination by an administrative law judge that an infraction has been committed, a contractor who fails to pay a monetary penalty within thirty days, that is not waived((, reduced, or suspended)) pursuant to RCW 18.27.340(2), and who fails to file an appeal pursuant to RCW 18.27.310(4), shall be guilty of a misdemeanor and be prosecuted in the county where the infraction occurred.

       (6) A contractor who fails to pay a monetary penalty within thirty days after exhausting appellate remedies pursuant to RCW 18.27.310(4), shall be guilty of a misdemeanor and be prosecuted in the county where the infraction occurred.

       (7) If a contractor who is issued a notice of infraction is a contractor who has failed to register as a contractor under this chapter, the contractor is subject to a monetary penalty per infraction as provided in the schedule of penalties established by the department, and each day the person works without becoming registered is a separate infraction.


EXPLANATORY NOTE

RCW 18.27.340(2) was amended by 1997 c 314 s 17, removing the reference to a reduced or suspended monetary penalty.

       Sec. 10. RCW 18.39.010 and 1989 c 390 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) "Funeral director" means a person engaged in the profession or business of conducting funerals and supervising or directing the burial and disposal of dead human bodies.

       (2) "Embalmer" means a person engaged in the profession or business of disinfecting, preserving or preparing for disposal or transportation of dead human bodies.

       (3) "Two-year college course" means the completion of sixty semester hours or ninety quarter hours of college credit, including the satisfactory completion of certain college courses, as set forth in this chapter.

       (4) "Funeral establishment" means a place of business licensed in accordance with RCW 18.39.145, conducted at a specific street address or location, and devoted to the care and preparation for burial or disposal of dead human bodies and includes all areas of such business premises and all tools, instruments, and supplies used in preparation and embalming of dead human bodies for burial or disposal.

       (5) "Director" means the director of licensing.

       (6) "Board" means the state board of funeral directors and embalmers created pursuant to RCW 18.39.173.

       (7) "Prearrangement funeral service contract" means any contract under which, for a specified consideration, a funeral establishment promises, upon the death of the person named or implied in the contract, to furnish funeral merchandise or services.

       (8) "Funeral merchandise or services" means those services normally performed and merchandise normally provided by funeral establishments, including the sale of burial supplies and equipment, but excluding the sale by a cemetery of lands or interests therein, services incidental thereto, markers, memorials, monuments, equipment, crypts, niches, or vaults.

       (9) "Qualified public depositary" means a public depositary defined by RCW 39.58.010, a credit union as governed by chapter 31.12 RCW, a mutual savings bank as governed by Title 32 RCW, a savings and loan association as governed by Title 33 RCW, or a federal credit union or a federal savings and loan association organized, operated, and governed by any act of congress, in which prearrangement funeral service contract funds are deposited by any funeral establishment.

       Words used in this chapter importing the singular may be applied to the plural of the person or thing, words importing the plural may be applied to the singular, and words importing the masculine gender may be applied to the female.


EXPLANATORY NOTE

The term "depositary" was redefined as "public depositary" by 1996 c 256 s 1.

       Sec. 11. RCW 18.39.510 and 1994 c 17 s 13 are each amended to read as follows:

       (1) Prior to serving a statement of charges, the board may furnish a statement of allegations to the licensee, registrant, endorsement or permit holder, or applicant along with a detailed summary of the evidence relied upon to establish the allegations and a proposed stipulation for informal resolution of the allegations. These documents shall be exempt from public disclosure until such time as the allegations are resolved either by stipulation or otherwise.

       (2) The board and the licensee, registrant, endorsement or permit holder, or applicant may stipulate that the allegations may be disposed of informally in accordance with this subsection. The stipulation shall contain a statement of the facts leading to the filing of the complaint; the act or acts of unprofessional conduct alleged to have been committed or the alleged basis for determining that the licensee, registrant, endorsement or permit holder, or applicant is unable to practice with reasonable skill and safety; a statement that the stipulation is not to be construed as a finding of either unprofessional conduct or inability to practice; an acknowledgement that a finding of unprofessional conduct or inability to practice, if proven, constitutes grounds for discipline under this chapter; an agreement on the part of the licensee, registrant, endorsement or permit holder, or applicant that the sanctions set forth in this chapter, except for revocation, suspension, censure, or reprimand of a licensee, registrant, endorsement ((of [or])) or permit holder, or applicant may be imposed as part of the stipulation, except that no fine may be imposed but the licensee, registrant, endorsement or permit holder, or applicant may agree to reimburse the board the costs of investigation and processing the complaint up to an amount not exceeding one thousand dollars per allegation; and an agreement on the part of the board to forego further disciplinary proceedings concerning the allegations. A stipulation entered into pursuant to this subsection shall not be considered formal disciplinary action.

       (3) If the licensee, registrant, endorsement or permit holder, or applicant declines to agree to disposition of the charges by means of a stipulation pursuant to subsection (2) of this section, the board may proceed to formal disciplinary action pursuant to this chapter.

       (4) Upon execution of a stipulation under subsection (2) of this section by both the licensee, registrant, endorsement or permit holder, or applicant and the board, the complaint is deemed disposed of and shall become subject to public disclosure on the same basis and to the same extent as other records of the board. Should the licensee, registrant, endorsement or permit ((holer [holder])) holder, or applicant fail to pay any agreed reimbursement within thirty days of the date specified in the stipulation for payment, the board may seek collection of the amount agreed to be paid in the same manner as enforcement of a fine under this chapter.


EXPLANATORY NOTE

Corrects manifest drafting errors.

       Sec. 12. RCW 18.44.241 and 1987 c 471 s 5 are each amended to read as follows:

       The following criteria will be considered by the director when deciding whether to grant a licensed escrow agent a waiver from the errors and omissions policy requirement under RCW ((18.44.050)) 18.44.201:

       (1) Whether the director has determined pursuant to RCW ((18.44.360)) 18.44.221 that an errors and omissions policy is not reasonably available to a substantial number of licensed escrow agents;

       (2) Whether purchasing an errors and omissions policy would be cost-prohibitive for the licensed escrow agent requesting the exemption;

       (3) Whether a licensed escrow agent has wilfully violated the provisions of chapter 18.44 RCW, which violation thereby resulted in the termination of the agent's certificate, or engaged in any other conduct resulting in the termination of the escrow certificate;

       (4) Whether a licensed escrow agent has paid claims directly or through an errors and omissions carrier, exclusive of costs and attorney fees, in excess of ten thousand dollars in the calendar year preceding the year for which the waiver is requested;

       (5) Whether a licensed escrow agent has paid claims directly or through an errors or omissions insurance carrier, exclusive of costs and attorney fees, totaling in excess of twenty thousand dollars in the three calendar years preceding the calendar year for which the exemption is requested; and

       (6) Whether the licensed escrow agent has been convicted of a crime involving honesty or moral turpitude.

       These criteria are not intended to be a wholly inclusive list of factors to be applied by the director when considering the merits of a licensed escrow agent's request for a waiver of the required errors and omissions policy.


EXPLANATORY NOTE

RCW 18.44.050 and 18.44.360 were recodified as RCW 18.44.201 and 18.44.221 pursuant to 1999 c 30 s 37.

       Sec. 13. RCW 18.44.261 and 1987 c 471 s 6 are each amended to read as follows:

       The director shall, within thirty days following submission of a written petition for waiver of the insurance requirements found in RCW ((18.44.050)) 18.44.201, issue a written determination granting or rejecting an applicant's request for waiver.


EXPLANATORY NOTE

RCW 18.44.050 was recodified as RCW 18.44.201 pursuant to 1999 c 30 s 37.

       Sec. 14. RCW 18.44.271 and 1987 c 471 s 7 are each amended to read as follows:

       Upon granting a waiver of insurance requirements found in RCW ((18.44.050)) 18.44.201, the director shall issue a certificate of waiver, which certificate shall be mailed to the escrow agent who requested the waiver.


EXPLANATORY NOTE

RCW 18.44.050 was recodified as RCW 18.44.201 pursuant to 1999 c 30 s 37.

       Sec. 15. RCW 18.44.281 and 1987 c 471 s 8 are each amended to read as follows:

       Upon determining that a licensed escrow agent is to be denied a waiver of the errors and omissions policy requirements of RCW ((18.44.050)) 18.44.201, the director shall within thirty days of the denial of an escrow agent's request for same, provide to the escrow agent a written explanation of the reasons for the director's decision to deny the requested waiver.


EXPLANATORY NOTE

RCW 18.44.050 was recodified as RCW 18.44.201 pursuant to 1999 c 30 s 37.

       Sec. 16. RCW 18.44.291 and 1987 c 471 s 9 are each amended to read as follows:

       Nothing in RCW ((18.44.050 and 18.44.375 through 18.44.395)) 18.44.201, 18.44.241 through 18.44.261, 18.44.271, and 18.44.281 shall be construed as prohibiting a person applying for an escrow license from applying for a certificate of waiver of the errors and omissions policy requirement when seeking an escrow license.


EXPLANATORY NOTE

RCW 18.44.050 and 18.44.375 through 18.44.395 were recodified as RCW 18.44.201, 18.44.241 through 18.44.261, 18.44.271, and 18.44.281, respectively, pursuant to 1999 c 30 s 37.

       Sec. 17. RCW 18.44.450 and 1999 c 30 s 33 are each amended to read as follows:

       (1) "Real property lender" as used in this section means a bank, savings bank, savings and loan association, credit union, mortgage company, or other corporation, association, or partnership that makes loans secured by real property located in this state.

       (2) No real property lender, escrow agent, or officer or employee of any escrow agent or real property lender may give or agree to pay or give any money, service, or object of value to any real estate agent or broker, to any real property lender, or to any officer or employee of any agent, broker, or lender in return for the referral of any real estate escrow services. Nothing in this subsection prohibits the payment of fees or other compensation permitted under the federal Real Estate Settlement Procedures Act as amended (12 U.S.C. sections 2601 through 2617).

       (3) The legislature finds that the practices governed by this subsection are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Any violation of this section is not reasonable in relation to the development and preservation of business and is an unfair and deceptive act or practice and (([an])) an unfair method of competition in the conduct of trade or commerce in violation of RCW 19.86.020. Remedies provided by chapter 19.86 RCW are cumulative and not exclusive.


EXPLANATORY NOTE

Corrects a manifest grammatical error.

       Sec. 18. RCW 18.48.060 and 1998 c 272 s 8 are each amended to read as follows:

       (1) The secretary, in consultation with the secretary of social and health services, shall appoint an advisory committee on matters relating to the regulation, administrative rules, enforcement process, staffing, and training requirements of adult family homes. The advisory committee shall be composed of six members, of which two members shall be resident advocates, three members shall represent adult family home providers, and one member shall represent the public and serve as chair. The members shall generally represent the interests of aging residents, residents with dementia, residents with mental illness, and residents with developmental disabilities(([,])), respectively. Members representing adult family home providers must have at least two years' experience as licensees. The membership must generally reflect urban and rural areas and western and eastern parts of the state. A member may not serve more than two consecutive terms.

       (2) The secretary may remove a member of the advisory committee for cause as specified by rule adopted by the department. If there is a vacancy, the secretary shall appoint a member to serve for the remainder of the unexpired term.

       (3) The advisory committee shall meet at the times and places designated by the secretary and shall hold meetings during the year as necessary to provide advice to the secretary on matters relating to the regulation of adult family homes. A majority of the members may request a meeting of the committee for any express purpose directly related to the regulation of adult family homes. A majority of members currently serving shall constitute a quorum.

       (4) Establishment of the advisory committee shall not prohibit the department of health from utilizing other advisory activities that the department of health deems necessary for program development.

       (5) Each member of the advisory committee shall serve without compensation but may be reimbursed for travel expenses as authorized in RCW 43.03.060.

       (6) The secretary, members of the advisory committee, or individuals acting on their behalf are immune from civil liability for official acts performed in the course of their duties.


EXPLANATORY NOTE

Corrects a manifest error in punctuation.

       Sec. 19. RCW 18.53.040 and 1975 1st ex.s. c 69 s 15 are each amended to read as follows:

       Nothing in this chapter shall be construed to pertain in any manner to the practice of any regularly qualified oculist or physician, who is regularly licensed to practice medicine in the state of Washington, or to any person who is regularly licensed to practice as a dispensing optician in the state of Washington, nor to any person who in the regular course of trade, sells or offers for sale, spectacles or eyeglasses as regular merchandise without pretense of adapting them to the eyes of the purchaser, and not in evasion of this chapter: PROVIDED, That any such regularly qualified oculist or physician or other person shall be subject to the provisions of ((subdivisions (10) through (15) of)) RCW 18.53.140 (9) through (14), in connection with the performance of any function coming within the definition of the practice of optometry as defined in this chapter: PROVIDED FURTHER, HOWEVER, That in no way shall this section be construed to permit a dispensing optician to practice optometry as defined in this 1975 amendatory act.


EXPLANATORY NOTE

RCW 18.53.140 was amended by 1986 c 259 s 82, changing subsections (10) through (15) to subsections (9) through (14), respectively.

       Sec. 20. RCW 18.57.174 and 1986 c 300 s 9 are each amended to read as follows:

       (([(1)])) (1) A health care professional licensed under chapter 18.57 RCW shall report to the board when he or she has personal knowledge that a practicing osteopathic physician has either committed an act or acts which may constitute statutorily defined unprofessional conduct or that a practicing osteopathic physician may be unable to practice osteopathic medicine with reasonable skill and safety to patients by reason of illness, drunkenness, excessive use of drugs, narcotics, chemicals, or any other type of material, or as a result of any impairing mental or physical conditions.

       (2) Reporting under this section is not required by:

       (a) An appropriately appointed peer review committee member of a licensed hospital or by an appropriately designated professional review committee member of an osteopathic medical society during the investigative phase of their respective operations if these investigations are completed in a timely manner; or

       (b) A treating licensed health care professional of an osteopathic physician currently involved in a treatment program as long as the physician patient actively participates in the treatment program and the physician patient's impairment does not constitute a clear and present danger to the public health, safety, or welfare.

       (3) The board may impose disciplinary sanctions, including license suspension or revocation, on any health care professional subject to the jurisdiction of the board who has failed to comply with this section.


EXPLANATORY NOTE

Corrects a manifest clerical error.

       Sec. 21. RCW 18.57A.060 and 1973 c 77 s 20 are each amended to read as follows:

       No health care services may be performed under this chapter in any of the following areas:

       (1) The measurement of the powers or range of human vision, or the determination of the accommodation and refractive state of the human eye or the scope of its functions in general, or the fitting or adaptation of lenses or frames for the aid thereof.

       (2) The prescribing or directing the use of, or using, any optical device in connection with ocular exercises, visual training, vision training or orthoptics.

       (3) The prescribing of contact lenses for, or the fitting or adaptation of contact lenses to, the human eye.

       (4) Nothing in this section shall preclude the performance of routine visual screening.

       (5) The practice of dentistry or dental hygiene as defined in chapter 18.32 and 18.29 RCW respectively. The exemptions set forth in RCW 18.32.030, paragraphs (1) and (8), shall not apply to a physician's assistant.

       (6) The practice of chiropractic as defined in chapter 18.25 RCW including the adjustment or manipulation of the articulations of the spine.

       (7) The practice of ((podiatry)) podiatric medicine and surgery as defined in chapter 18.22 RCW.


EXPLANATORY NOTE

The term "podiatry" was changed to "podiatric medicine and surgery" by 1990 c 147.

       Sec. 22. RCW 18.64.430 and 1993 c 492 s 267 are each amended to read as follows:

       The registered or licensed pharmacist ((of [under])) under this chapter shall establish and maintain a procedure for disclosing to physicians and other health care providers with prescriptive authority information detailed by prescriber, of the cost and dispensation of all prescriptive medications prescribed by him or her for his or her patients on request. These charges should be made available on at least a quarterly basis for all requested patients and should include medication, dosage, number dispensed, and the cost of the prescription. Pharmacies may provide this information in a summary form for each prescribing physician for all patients rather than as individually itemized reports. All efforts should be made to utilize the existing computerized records and software to provide this information in the least costly format.


EXPLANATORY NOTE

Corrects a grammatical deficiency.

       Sec. 23. RCW 18.71.017 and 1994 sp.s. c 9 s 304 are each amended to read as follows:

       The ((board [commission])) commission may adopt such rules as are not inconsistent with the laws of this state as may be determined necessary or proper to carry out the purposes of this chapter. The commission is the successor in interest of the board of medical examiners and the medical disciplinary board. All contracts, undertakings, agreements, rules, regulations, and policies continue in full force and effect on July 1, 1994, unless otherwise repealed or rejected by this chapter or by the commission.


EXPLANATORY NOTE

Corrects the reference to the Washington state medical quality assurance commission.

       Sec. 24. RCW 18.74.012 and 1991 c 12 s 2 are each amended to read as follows:

       Notwithstanding the provisions of RCW 18.74.010(((4))) (3), a consultation and periodic review by an authorized health care practitioner is not required for treatment of neuromuscular or musculoskeletal conditions: PROVIDED, That a physical therapist may only provide treatment utilizing orthoses that support, align, prevent, or correct any structural problems intrinsic to the foot or ankle by referral or consultation from an authorized health care practitioner.


EXPLANATORY NOTE

RCW 18.74.010 was amended by 1991 c 12 s 1 and subsection (4) was renumbered as subsection (3).

       Sec. 25. RCW 18.88A.140 and 1991 c 16 s 5 are each amended to read as follows:

       Nothing in this chapter may be construed to prohibit or restrict:

       (1) The practice by an individual licensed, certified, or registered under the laws of this state and performing services within their authorized scope of practice;

       (2) The practice by an individual employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States;

       (3) The practice by a person who is a regular student in an educational program approved by the secretary, and whose performance of services (([is])) is pursuant to a regular course of instruction or assignments from an instructor and under the general supervision of the instructor.


EXPLANATORY NOTE

Corrects a manifest grammatical error.

       Sec. 26. RCW 18.104.020 and 1993 c 387 s 2 are each amended to read as follows:

       The definitions set forth in this section apply throughout this chapter, unless a different meaning is plainly required by the context.

       (1) "Abandoned well" means a well that is unused, unmaintained, and is in such disrepair as to be unusable.

       (2) "Constructing a well" or "construct a well" means:

       (a) Boring, digging, drilling, or excavating a well;

       (b) Installing casing, sheeting, lining, or well screens, in a well; or

       (c) Drilling a geotechnical soil boring.

       "Constructing a well" or "construct a well" includes the alteration of an existing well.

       (3) "Decommission" means to fill or plug a well so that it will not produce water, serve as a channel for movement of water or pollution, or allow the entry of pollutants into the well or aquifers.

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

       (5) "Dewatering well" means a cased or lined excavation or boring that is intended to withdraw or divert ground water for the purpose of facilitating construction, stabilizing a landslide, or protecting an aquifer.

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

       (7) "Geotechnical soil boring" or "boring" means an uncased well drilled for purpose of obtaining soil samples to ascertain structural properties of the subsurface. Geotechnical soil boring includes auger borings, rotary borings, cone penetrometer probes and vane shear probes, or any other uncased ground penetration for geotechnical information.

       (8) "Ground water" means and includes ground waters as defined in RCW 90.44.035.

       (9) "Instrumentation well" means a well in which pneumatic or electric geotechnical or hydrological instrumentation is permanently or periodically installed to measure or monitor subsurface strength and movement. Instrumentation well includes borehole extensometers, slope indicators, pneumatic or electric pore pressure transducers, and load cells.

       (10) "Monitoring well" means a well designed to obtain a representative ground water sample or designed to measure the water level elevation in either clean or contaminated water or soil.

       (11) "Observation well" means a well designed to measure the depth to the water level elevation in either clean or contaminated water or soil.

       (12) "Operator" means a person who (a) is employed by a well contractor; (b) is licensed under this chapter; or (c) who controls, supervises, or oversees the construction of a well or who operates well construction equipment.

       (13) "Owner" or "well owner" means the person, firm, partnership, copartnership, corporation(([,])), association, or other entity who owns the property on which the well is or will be constructed.

       (14) "Pollution" and "contamination" have the meanings provided in RCW 90.48.020.

       (15) "Resource protection well" means a cased boring used to determine the existence or migration of pollutants within an underground formation. Resource protection wells include monitoring wells, observation wells, piezometers, spill response wells, vapor extraction wells, and instrumentation wells.

       (16) "Resource protection well contractor" means any person, firm, partnership, copartnership, corporation, association, or other entity, licensed and bonded under chapter 18.27 RCW, engaged in the business of constructing resource protection wells or geotechnical soil borings.

       (17) "Water well" means any excavation that is constructed when the intended use of the well is for the location, diversion, artificial recharge, observation, monitoring, dewatering, or withdrawal of ground water.

       (18) "Water well contractor" means any person, firm, partnership, copartnership, corporation, association, or other entity, licensed and bonded under chapter 18.27 RCW, engaged in the business of constructing water wells.

       (19) "Well" means water wells, resource protection wells, instrumentation wells, dewatering wells, and geotechnical soil borings. Well does not mean an excavation made for the purpose of obtaining or prospecting for oil, natural gas, geothermal resources, minerals, or products of mining, or quarrying, or for inserting media to repressure oil or natural gas bearing formations, or for storing petroleum, natural gas, or other products.

       (20) "Well contractor" means a resource protection well contractor and a water well contractor.


EXPLANATORY NOTE

Corrects a manifest error in punctuation.

       Sec. 27. RCW 18.106.180 and 1996 c 147 s 4 are each amended to read as follows:

       An authorized representative of the department may issue a notice of infraction as specified in RCW 18.106.020(((3))) (4) if a person who is doing plumbing work or who is offering to do plumbing work fails to produce evidence of having a certificate or permit issued by the department in accordance with this chapter or of being supervised by a person who has such a certificate or permit. A notice of infraction issued under this section shall be personally served on the person named in the notice by an authorized representative of the department or sent by certified mail to the last known address provided to the department of the person named in the notice.


EXPLANATORY NOTE

RCW 18.106.020 was amended by 1997 c 326 s 3, changing subsection (3) to subsection (4).

       Sec. 28. RCW 18.106.250 and 1994 c 174 s 7 are each amended to read as follows:

       (1) The administrative law judge shall conduct notice of infraction cases under this chapter pursuant to chapter 34.05 RCW.

       (2) The burden of proof is on the department to establish the commission of the infraction by a preponderance of the evidence. The notice of infraction shall be dismissed if the defendant establishes that, at the time the notice was issued:

       (a) The defendant who was issued a notice of infraction authorized by RCW 18.106.020(((3)(a))) (4)(a) had a certificate or permit issued by the department in accordance with this chapter, was supervised by a person who has such a certificate or permit, or was exempt from this chapter under RCW 18.106.150; or

       (b) For the defendant who was issued a notice of infraction authorized by RCW 18.106.020(((3))) (4) (b) or (c), the person employed or supervised by the defendant has a certificate or permit issued by the department in accordance with this chapter, was supervised by a person who had such a certificate or permit, or was exempt from this chapter under RCW 18.106.150.

       (3) After consideration of the evidence and argument, the administrative law judge shall determine whether the infraction was committed. If it has not been established that the infraction was committed, an order dismissing the notice shall be entered in the record of the proceedings. If it has been established that the infraction was committed, the administrative law judge shall issue findings of fact and conclusions of law in its decision and order determining whether the infraction was committed.

       (4) An appeal from the administrative law judge's determination or order shall be to the superior court. The decision of the superior court is subject only to discretionary review pursuant to Rule 2.3 of the Rules of Appellate Procedure.


EXPLANATORY NOTE

RCW 18.106.020 was amended by 1997 c 326 s 3, changing subsection (3) to subsection (4).

       Sec. 29. RCW 18.130.172 and 1993 c 367 s 7 are each amended to read as follows:

       (1) Prior to serving a statement of charges under RCW 18.130.090 or 18.130.170, the disciplinary authority may furnish a statement of allegations to the licensee or applicant along with a detailed summary of the evidence relied upon to establish the allegations and a proposed stipulation for informal resolution of the allegations. These documents shall be exempt from public disclosure until such time as the allegations are resolved either by stipulation or otherwise.

       (2) The disciplinary authority and the applicant or licensee may stipulate that the allegations may be disposed of informally in accordance with this subsection. The stipulation shall contain a statement of the facts leading to the filing of the complaint; the act or acts of unprofessional ((conducted [conduct])) conduct alleged to have been committed or the alleged basis for determining that the applicant or licensee is unable to practice with reasonable skill and safety; a statement that the stipulation is not to be construed as a finding of either unprofessional conduct or inability to practice; an acknowledgement that a finding of unprofessional conduct or inability to practice, if proven, constitutes grounds for discipline under this chapter; and an agreement on the part of the licensee or applicant that the sanctions set forth in RCW 18.130.160, except RCW 18.130.160 (1), (2), (6), and (8), may be imposed as part of the stipulation, except that no fine may be imposed but the licensee or applicant may agree to reimburse the disciplinary authority the costs of investigation and processing the complaint up to an amount not exceeding one thousand dollars per allegation; and an agreement on the part of the disciplinary authority to forego further disciplinary proceedings concerning the allegations. A stipulation entered into pursuant to this subsection shall not be considered formal disciplinary action.

       (3) If the licensee or applicant declines to agree to disposition of the charges by means of a stipulation pursuant to subsection (2) of this section, the disciplinary authority may proceed to formal disciplinary action pursuant to RCW 18.130.090 or 18.130.170.

       (4) Upon execution of a stipulation under subsection (2) of this section by both the licensee or applicant and the disciplinary authority, the complaint is deemed disposed of and shall become subject to public disclosure on the same basis and to the same extent as other records of the disciplinary authority. Should the licensee or applicant fail to pay any agreed reimbursement within thirty days of the date specified in the stipulation for payment, the disciplinary authority may seek collection of the amount agreed to be paid in the same manner as enforcement of a fine under RCW 18.130.165.


EXPLANATORY NOTE

Corrects a manifest grammatical error.

       Sec. 30. RCW 18.135.060 and 1993 c 13 s 1 are each amended to read as follows:

       (1) Except as provided in subsection (2) of this section:

       (a) Any health care assistant certified pursuant to this chapter shall perform the functions authorized in this chapter only by delegation of authority from the health care practitioner and under the supervision of a health care practitioner acting within the scope of his or her license. In the case of subcutaneous, intradermal and intramuscular and intravenous injections, a health care assistant may perform such functions only under the supervision of a health care practitioner having authority, within the scope of his or her license, to order such procedures.

       (b) The health care practitioner who ordered the procedure or a health care practitioner who could order the procedure under his or her license shall be physically present in the immediate area of a hospital or nursing home where the injection is administered. Sensitivity agents being administered intradermally or by the scratch method are excluded from this requirement.

       (2) A health care assistant trained by a federally approved end-stage renal disease facility may perform venipuncture for blood withdrawal, administration of oxygen as necessary by cannula or mask, venipuncture for placement of fistula needles, intravenous administration of heparin and sodium chloride solutions as an integral part of dialysis treatment, and intradermal, subcutaneous, or topical administration of local anesthetics in conjunction with placement of fistula needles, and intraperitoneal administration of sterile electrolyte solutions and heparin for peritoneal dialysis: (a) In the center or health care facility if a registered nurse licensed under chapter ((18.88)) 18.79 RCW is physically present and immediately available in such center or health care facility; or (b) in the patient's home if a physician and a registered nurse are available for consultation during the dialysis.


EXPLANATORY NOTE

Chapter 18.88 RCW was repealed by 1994 sp.s. c 9 s 433, effective July 1, 1994, and replaced by chapter 18.79 RCW.

       Sec. 31. RCW 18.145.010 and 1989 c 382 s 2 are each amended to read as follows:

       (1) No person may represent himself or herself as a ((shorthand reporter or a)) court reporter without first obtaining a certificate as required by this chapter.

       (2) A person represents himself or herself to be a ((shorthand reporter or)) court reporter when the person adopts or uses any title or description of services that incorporates one or more of the following terms: "Shorthand reporter," "court reporter," "certified shorthand reporter," or "certified court reporter."


EXPLANATORY NOTE

"Shorthand reporter" or "court reporter" now just "court reporter" pursuant to 1995 c 27.

       Sec. 32. RCW 18.155.010 and 1990 c 3 s 801 are each amended to read as follows:

       The legislature finds that sex offender therapists who examine and treat sex offenders pursuant to the special sexual offender sentencing alternative under RCW 9.94A.120(((7)(a))) (8)(a) and who may treat juvenile sex offenders pursuant to RCW 13.40.160, play a vital role in protecting the public from sex offenders who remain in the community following conviction. The legislature finds that the qualifications, practices, techniques, and effectiveness of sex offender treatment providers vary widely and that the court's ability to effectively determine the appropriateness of granting the sentencing alternative and monitoring the offender to ensure continued protection of the community is undermined by a lack of regulated practices. The legislature recognizes the right of sex offender therapists to practice, consistent with the paramount requirements of public safety. Public safety is best served by regulating sex offender therapists whose clients are being evaluated and being treated pursuant to RCW 9.94A.120(((7)(a))) (8)(a) and 13.40.160. This chapter shall be construed to require only those sex offender therapists who examine and treat sex offenders pursuant to RCW 9.94A.120(((7)(a))) (8)(a) and 13.40.160 to obtain a sexual offender treatment certification as provided in this chapter.


EXPLANATORY NOTE

RCW 9.94A.120 was amended by 1995 c 108 s 3, changing subsection (7) to subsection (8).

       Sec. 33. RCW 18.155.020 and 1990 c 3 s 802 are each amended to read as follows:

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

       (1) "Certified sex offender treatment provider" means a licensed, certified, or registered health professional who is certified to examine and treat sex offenders pursuant to RCW 9.94A.120(((7)(a))) (8)(a) and 13.40.160.

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

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

       (4) "Sex offender treatment provider" means a person who counsels or treats sex offenders accused of or convicted of a sex offense as defined by RCW 9.94A.030.


EXPLANATORY NOTE

RCW 9.94A.120 was amended by 1995 c 108 s 3, changing subsection (7) to subsection (8).

       Sec. 34. RCW 18.155.030 and 1990 c 3 s 803 are each amended to read as follows:

       (1) No person shall represent himself or herself as a certified sex offender treatment provider without first applying for and receiving a certificate pursuant to this chapter.

       (2) Only a certified sex offender treatment provider may perform or provide the following services:

       (a) Evaluations conducted for the purposes of and pursuant to RCW 9.94A.120(((7)(a))) (8)(a) and 13.40.160;

       (b) Treatment of convicted sex offenders who are sentenced and ordered into treatment pursuant to RCW 9.94A.120(((7)(a))) (8)(a) and adjudicated juvenile sex offenders who are ordered into treatment pursuant to RCW 13.40.160.


EXPLANATORY NOTE

RCW 9.94A.120 was amended by 1995 c 108 s 3, changing subsection (7) to subsection (8).

       Sec. 35. RCW 18.160.030 and 1992 c 116 s 2 are each amended to read as follows:

       (1) This chapter shall be administered by the state director of fire protection.

       (2) The state director of fire protection shall have the authority, and it shall be his or her duty to:

       (a) Issue such administrative regulations as necessary for the administration of this chapter;

       (b)(i) Set reasonable fees for licenses, certificates, testing, and other aspects of the administration of this chapter. However, the license fee for fire protection sprinkler system contractors engaged solely in the installation, inspection, maintenance, or servicing of NFPA 13-D fire protection sprinkler systems shall not exceed one hundred dollars, and the license fee for fire protection sprinkler system contractors engaged solely in the installation, inspection, maintenance, or servicing of NFPA 13-R fire protection sprinkler systems shall not exceed three hundred dollars;

       (ii) Adopt rules establishing a special category restricted to contractors registered under chapter 18.27 RCW who install underground systems that service fire protection sprinkler systems. The rules shall be adopted within ninety days of March 31, 1992;

       (c) Enforce the provisions of this chapter;

       (d) Conduct investigations of complaints to determine if any infractions of this chapter or the regulations developed under this chapter have occurred;

       (e) ((Work with the fire sprinkler advisory committee consisting of fire protection sprinkler system contractors and other related officials;

       (f))) Assign a certificate number to each certificate of competency holder; and

       (((g))) (f) Adopt rules necessary to implement and administer a program which requires the affixation of a seal any time a fire protection sprinkler system is installed, which seal shall include the certificate number of any certificate of competency holder who installs, in whole or in part, the fire protection sprinkler system.


EXPLANATORY NOTE

The section creating the fire sprinkler advisory committee, 1990 c 177 s 9, was vetoed by the governor.

       Sec. 36. RCW 18.160.040 and 1990 c 177 s 5 are each amended to read as follows:           (1) To become a certificate of competency holder under this chapter, an applicant must have satisfactorily passed an examination administered by the state director of fire protection. A certificate of competency holder can satisfy this examination requirement by presenting a copy of a current certificate of competency from the national institute for certification in engineering technologies showing that the applicant has achieved the classification of engineering technician level 3 or senior engineering technician level 4 in the field of fire protection, automatic sprinkler system layout. The state director of fire protection may accept equivalent proof of qualification in lieu of examination((, as recommended by the fire sprinkler advisory committee)). This examination requirement is mandatory except as otherwise provided in this chapter.

       (2) Every applicant for a certificate of competency shall fulfill the requirements established by the state director of fire protection ((and the fire protection sprinkler system technical advisory committee)) under chapter 34.05 RCW.

       (3) Every applicant for a certificate of competency shall make application to the state director of fire protection and pay the fees required.

       (4) Provided the application for the certificate of competency is made prior to ninety days after May 1, 1991, the state director of fire protection, in lieu of the examination requirements of the applicant for a certificate of competency, may accept as satisfactory evidence of competency and qualification, affidavits attesting that the applicant has had a minimum of three years' experience.

       (5) The state director of fire protection may((, after consultation with the fire sprinkler advisory committee,)) issue a temporary certificate of competency to an applicant who, in his or her judgment, will satisfactorily perform as a certificate of competency holder under the provisions of this chapter. The temporary certificate of competency shall remain in effect for a period of up to three years. The temporary certificate of competency holder shall, within the three-year period, complete the examination requirements specified in subsection (1) of this section. There shall be no examination exemption for an individual issued a temporary certificate of competency. Prior to the expiration of the three-year period, the temporary certificate of competency holder shall make application for a regular certificate of competency. The procedures and qualifications for issuance of a regular certificate of competency shall be applicable to the temporary certificate of competency holder. When a temporary certificate of competency expires, the holder shall cease all activities associated with the holding of a temporary certificate of competency, subject to the penalties contained in this chapter.

       (6) To become a licensed fire protection sprinkler system contractor under this chapter, a person or firm must comply with the following:

       (a) Must be or have in his or her full-time employ a holder of a valid certificate of competency;

       (b) Comply with the minimum insurance requirements of this chapter; and

       (c) Make application to the state director of fire protection for a license and pay the fees required.

       (7) Each license and certificate of competency issued under this chapter must be posted in a conspicuous place in the fire protection sprinkler system contractor's place of business.

       (8) All bids, advertisements, proposals, offers, and installation drawings for fire protection sprinkler systems must prominently display the fire protection sprinkler system contractor's license number.

       (9) A certificate of competency or license issued under this chapter is not transferable.

       (10) In no case shall a certificate of competency holder be employed full time by more than one fire protection sprinkler system contractor at the same time. If the certificate of competency holder should leave the employment of the fire protection sprinkler system contractor, he or she must notify the state director of fire protection within thirty days. If the certificate of competency holder should leave the employment of the fire protection sprinkler system contractor, the contractor shall have six months or until the expiration of the current license, whichever occurs last, to submit a new application identifying another certificate of competency holder who is at the time of application an owner of the fire protection sprinkler system business or a full-time employee of the fire protection sprinkler system contractor, in order to be issued a new license. If such application is not received and a new license issued within the allotted time, the state director of fire protection shall revoke the license of the fire protection sprinkler system contractor.


EXPLANATORY NOTE

The section creating the fire sprinkler advisory committee, 1990 c 177 s 9, was vetoed by the governor.

       Sec. 37. RCW 18.165.020 and 1995 c 277 s 18 are each amended to read as follows:

       The requirements of this chapter do not apply to:

       (1) A person who is employed exclusively or regularly by one employer and performs investigations solely in connection with the affairs of that employer, if the employer is not a private investigator agency;

       (2) An officer or employee of the United States or of this state or a political subdivision thereof, while engaged in the performance of the officer's official duties;

       (3) A person engaged exclusively in the business of obtaining and furnishing information about the financial rating of persons;

       (4) An attorney at law while performing the attorney's duties as an attorney;

       (5) A licensed collection agency or its employee, while acting within the scope of that person's employment and making an investigation incidental to the business of the agency;

       (6) Insurers, agents, and insurance brokers licensed by the state, while performing duties in connection with insurance transacted by them;

       (7) A bank subject to the jurisdiction of the ((Washington state banking commission)) department of financial institutions or the comptroller of currency of the United States, or a savings and loan association subject to the jurisdiction of this state or the federal home loan bank board;

       (8) A licensed insurance adjuster performing the adjuster's duties within the scope of the adjuster's license;

       (9) A secured creditor engaged in the repossession of the creditor's collateral, or a lessor engaged in the repossession of leased property in which it claims an interest;

       (10) A person who is a forensic scientist, accident reconstructionist, or other person who performs similar functions and does not hold himself or herself out to be an investigator in any other capacity; or

       (11) A person solely engaged in the business of securing information about persons or property from public records.


EXPLANATORY NOTE

Powers, duties, and functions of the department of general administration relating to financial institutions were transferred to the department of financial institutions by 1993 c 472, effective October 1, 1993. See chapter 43.320 RCW.

       Sec. 38. RCW 18.165.130 and 1995 c 277 s 31 are each amended to read as follows:

       (1) A private investigator agency shall notify the director within thirty days after the death or termination of employment of any employee who is a licensed private investigator or armed private investigator by returning the license to the department with the word ((["]terminated["])) "terminated" written across the face of the license, the date of termination, and the signature of the principal of the private investigator company.

       (2) A private investigator agency shall notify the director within seventy-two hours and the chief law enforcement officer of the county, city, or town in which the agency is located immediately upon receipt of information affecting a licensed private investigator's or armed private investigator's continuing eligibility to hold a license under the provisions of this chapter.

       (3) A private investigator company shall notify the local law enforcement agency whenever an employee who is an armed private investigator discharges his or her firearm while on duty other than on a supervised firearm range. The notification shall be made within ten business days of the date the firearm is discharged.


EXPLANATORY NOTE

Corrects a manifest grammatical error.

       Sec. 39. RCW 18.170.110 and 1995 c 277 s 8 are each amended to read as follows:

       (1) A private security company shall notify the director within thirty days after the death or termination of employment of any employee who is a licensed private security guard or armed private security guard by returning the license to the department with the word ((["]terminated["])) "terminated" written across the face of the license, the date of termination, and the signature of the principal or the principal's designee of the private security guard company.

       (2) A private security company shall notify the department within seventy-two hours and the chief law enforcement officer of the county, city, or town in which the private security guard or armed private security guard was last employed immediately upon receipt of information affecting his or her continuing eligibility to hold a license under the provisions of this chapter.

       (3) A private security guard company shall notify the local law enforcement agency whenever an employee who is an armed private security guard discharges his or her firearm while on duty other than on a supervised firearm range. The notification shall be made within ten business days of the date the firearm is discharged.


EXPLANATORY NOTE

Corrects a manifest grammatical error.

       Sec. 40. RCW 18.185.010 and 1996 c 242 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 licensing.

       (2) "Director" means the director of licensing.

       (3) "Collateral or security" means property of any kind given as security to obtain a bail bond.

       (4) "Bail bond agency" means a business that sells and issues corporate surety bail bonds or that provides security in the form of personal or real property to insure the appearance of a criminal defendant before the courts of this state or the United States.

       (5) "Qualified agent" means an owner, sole proprietor, partner, manager, officer, or chief operating officer of a corporation who meets the requirements set forth in this chapter for obtaining a bail bond agency license.

       (6) "Bail bond agent" means a person who is employed by a bail bond agency and engages in the sale or issuance of bail bonds, but does not mean a clerical, secretarial, or other support person who does not participate in the sale or issuance of bail bonds.

       (7) "Licensee" means a bail bond agency or a bail bond agent or both.

       (8) "Branch office" means any office physically separated from the principal place of business of the licensee from which the licensee or an employee or agents conduct any activity meeting the criteria of (([a])) a bail bond agency.


EXPLANATORY NOTE

Corrects a manifest grammatical error.

       Sec. 41. RCW 18.205.030 and 1998 c 243 s 3 are each amended to read as follows:

       No person may represent oneself as a certified chemical dependency professional or use any title or description of services of (([a])) a certified chemical dependency professional without applying for certification, meeting the required qualifications, and being certified by the department of health, unless otherwise exempted by this chapter.


EXPLANATORY NOTE

Corrects a manifest grammatical error.

       Sec. 42. RCW 18.205.100 and 1998 c 243 s 10 are each amended to read as follows:

       The secretary may establish by rule the standards and procedures for approval of educational programs and alternative training. The secretary may utilize or contract with individuals or organizations having expertise in the profession or in education to assist in the evaluations. The secretary shall establish by rule the standards and procedures for revocation of approval of ((education [educational])) educational programs. The standards and procedures set shall apply equally to educational programs and training in the United States and in foreign jurisdictions. The secretary may establish a fee for educational program evaluations.


EXPLANATORY NOTE

Corrects a manifest grammatical error.

       Sec. 43. RCW 19.02.110 and 1988 c 5 s 3 are each amended to read as follows:

       In addition to the licenses processed under the master license system prior to April 1, 1982, on July 1, 1982, use of the master license system shall be expanded as provided by this section.

       Applications for the following shall be filed with the business license center and shall be processed, and renewals shall be issued, under the master license system:

       (1) Nursery dealer's licenses required by chapter 15.13 RCW;

       (2) Seed dealer's licenses required by chapter 15.49 RCW;

       (3) Pesticide dealer's licenses required by chapter 15.58 RCW;

       (4) Shopkeeper's licenses required by chapter 18.64 RCW;

       (5) Refrigerated locker licenses required by chapter 19.32 RCW;

       (6) ((Wholesalers licenses and retailers licenses required by chapter 19.91 RCW;

       (7))) Egg dealer's licenses required by chapter 69.25 RCW.



EXPLANATORY NOTE

Chapter 19.91 RCW was repealed by 1986 c 321 s 14, effective July 1, 1991.

       Sec. 44. RCW 19.02.800 and 1982 c 182 s 17 are each amended to read as follows:

       Except as provided in RCW 43.07.200, the provisions of this chapter regarding the processing of license applications and renewals under a master license system shall not apply to those business or professional activities that are licensed or regulated under chapter 31.04, ((31.08,)) 31.12, 31.12A, or 31.13 RCW or under Title 30, 32, 33, or 48 RCW.


EXPLANATORY NOTE

Chapter 31.08 RCW was repealed by 1991 c 208 s 24, effective January 1, 1993.

       Sec. 45. RCW 19.27A.050 and 1985 c 144 s 5 are each amended to read as follows:

       As used in this chapter, references to the state building code ((advisory)) council shall be construed to include any successor agency.


EXPLANATORY NOTE

The "state building code advisory council" was redesignated as the "state building code council" by 1985 c 360 s 11.

       Sec. 46. RCW 19.28.015 and 1988 c 81 s 2 are each amended to read as follows:

       Disputes arising under RCW 19.28.010(((2))) (3) regarding whether the city or town's electrical rules, regulations, or ordinances are equal to the rules adopted by the department shall be resolved by arbitration. The department shall appoint two members of the board to serve on the arbitration panel, and the city or town shall appoint two persons to serve on the arbitration panel. These four persons shall choose a fifth person to serve. If the four persons cannot agree on a fifth person, the presiding judge of the superior court of the county in which the city or town is located shall choose a fifth person. A decision of the arbitration panel may be appealed to the superior court of the county in which the city or town is located within thirty days after the date the panel issues its final decision.


EXPLANATORY NOTE

RCW 19.28.010 was reenacted and amended by 1992 c 79 s 2, changing subsection (2) to subsection (3).

       Sec. 47. RCW 19.28.370 and 1980 c 30 s 17 are each amended to read as follows:

       The provisions of RCW 19.28.010 through ((19.28.380)) 19.28.360 shall not apply to the work of installing, maintaining or repairing any and all electrical wires, apparatus, installations or equipment used or to be used by a telegraph company or a telephone company in the exercise of its functions and located outdoors or in a building or buildings used exclusively for that purpose.


EXPLANATORY NOTE

RCW 19.28.380 was repealed by 1986 c 156 s 18.

       Sec. 48. RCW 19.30.200 and 1985 c 280 s 14 are each amended to read as follows:

       Any person who knowingly uses the services of an unlicensed farm labor contractor shall be personally, jointly, and severally liable with the person acting as a farm labor contractor to the same extent and in the same manner as provided in this chapter. In making determinations under this ((subsection [section])) section, any user may rely upon either the license issued by the director to the farm labor contractor under RCW 19.30.030 or the director's representation that such contractor is licensed as required by this chapter.

EXPLANATORY NOTE

Corrects an inaccurate reference.

       Sec. 49. RCW 19.32.150 and 1943 c 117 s 8 are each amended to read as follows:

       The director of agriculture shall cause to be made periodically a thorough inspection of each establishment licensed under this chapter to determine whether or not the premises are constructed, equipped and operated in accordance with the requirements of this chapter and of all other laws of this state applicable to the operation either of refrigerated lockers or of the handling of human food in connection therewith, and of all regulations effective under this chapter relative to such operation. Such inspection shall also be made of each vehicle used by (([an])) an operator of refrigerated lockers or of an establishment handling human food in connection therewith, when such vehicle is used in transporting or distributing human food products to or from refrigerated lockers within this state.


EXPLANATORY NOTE

Corrects a manifest grammatical error.

       Sec. 50. RCW 19.34.020 and 1999 c 287 s 2 are each amended to read as follows:

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

       (1) "Accept a certificate" means to manifest approval of a certificate, while knowing or having notice of its contents. Such approval may be manifested by the use of the certificate.

       (2) "Accept a digital signature" means to verify a digital signature or take an action in reliance on a digital signature.

       (3) "Asymmetric cryptosystem" means an algorithm or series of algorithms that provide a secure key pair.

       (4) "Certificate" means a computer-based record that:

       (a) Identifies the certification authority issuing it;

       (b) Names or identifies its subscriber;

       (c) Contains the subscriber's public key; and

       (d) Is digitally signed by the certification authority issuing it.

       (5) "Certification authority" means a person who issues a certificate.

       (6) "Certification authority disclosure record" means an on-line, publicly accessible record that concerns a licensed certification authority and is kept by the secretary.

       (7) "Certification practice statement" means a declaration of the practices that a certification authority employs in issuing certificates.

       (8) "Certify" means to declare with reference to a certificate, with ample opportunity to reflect, and with a duty to apprise oneself of all material facts.

       (9) "Confirm" means to ascertain through appropriate inquiry and investigation.

       (10) "Correspond," with reference to keys, means to belong to the same key pair.

       (11) "Digital signature" means an electronic signature that is a transformation of a message using an asymmetric cryptosystem such that a person having the initial message and the signer's public key can accurately determine:

       (a) Whether the transformation was created using the private key that corresponds to the signer's public key; and

       (b) Whether the initial message has been altered since the transformation was made.

       (12) "Electronic" means electrical, digital, magnetic, optical, electromagnetic, or any other form of technology that entails capabilities similar to these technologies.

       (13) "Electronic record" means a record generated, communicated, received, or stored by electronic means for use in an information system or for transmission from one information system to another.

       (14) "Electronic signature" means a signature in electronic form attached to or logically associated with an electronic record, including but not limited to a digital signature.

       (15) "Financial institution" means a national or state-chartered commercial bank or trust company, savings bank, savings association, or credit union authorized to do business in the state of Washington and the deposits of which are federally insured.

       (16) "Forge a digital signature" means either:

       (a) To create a digital signature without the authorization of the rightful holder of the private key; or

       (b) To create a digital signature verifiable by a certificate listing as subscriber a person who either:

       (i) Does not exist; or

       (ii) Does not hold the private key corresponding to the public key listed in the certificate.

       (17) "Hold a private key" means to be authorized to utilize a private key.

       (18) "Incorporate by reference" means to make one message a part of another message by identifying the message to be incorporated and expressing the intention that it be incorporated.

       (19) "Issue a certificate" means the acts of a certification authority in creating a certificate and notifying the subscriber listed in the certificate of the contents of the certificate.

       (20) "Key pair" means a private key and its corresponding public key in an asymmetric cryptosystem, keys which have the property that the public key can verify a digital signature that the private key creates.

       (21) "Licensed certification authority" means a certification authority to whom a license has been issued by the secretary and whose license is in effect.

       (22) "Message" means a digital representation of information.

       (23) "Notify" means to communicate a fact to another person in a manner reasonably likely under the circumstances to impart knowledge of the information to the other person.

       (24) "Official public business" means any legally authorized transaction or communication among state agencies, tribes, and local governments, or between a state agency, tribe, or local government and a private person or entity.

       (25) "Operative personnel" means one or more natural persons acting as a certification authority or its agent, or in the employment of, or under contract with, a certification authority, and who have:

       (a) Duties directly involving the issuance of certificates, (([or])) or creation of private keys;

       (b) Responsibility for the secure operation of the trustworthy system used by the certification authority or any recognized repository;

       (c) Direct responsibility, beyond general supervisory authority, for establishing or adopting policies regarding the operation and security of the certification authority; or

       (d) Such other responsibilities or duties as the secretary may establish by rule.

       (26) "Person" means a human being or an organization capable of signing a document, either legally or as a matter of fact.

       (27) "Private key" means the key of a key pair used to create a digital signature.

       (28) "Public key" means the key of a key pair used to verify a digital signature.

       (29) "Publish" means to make information publicly available.

       (30) "Qualified right to payment" means an award of damages against a licensed certification authority by a court having jurisdiction over the certification authority in a civil action for violation of this chapter.

       (31) "Recipient" means a person who has received a certificate and a digital signature verifiable with reference to a public key listed in the certificate and is in a position to rely on it.

       (32) "Recognized repository" means a repository recognized by the secretary under RCW 19.34.400.

       (33) "Recommended reliance limit" means the monetary amount recommended for reliance on a certificate under RCW 19.34.280(1).

       (34) "Repository" means a system for storing and retrieving certificates and other information relevant to digital signatures.

       (35) "Revoke a certificate" means to make a certificate ineffective permanently from a specified time forward. Revocation is effected by notation or inclusion in a set of revoked certificates, and does not imply that a revoked certificate is destroyed or made illegible.

       (36) "Rightfully hold a private key" means the authority to utilize a private key:

       (a) That the holder or the holder's agents have not disclosed to a person in violation of RCW 19.34.240(1); and

       (b) That the holder has not obtained through theft, deceit, eavesdropping, or other unlawful means.

       (37) "Secretary" means the secretary of state.

       (38) "Subscriber" means a person who:

       (a) Is the subject listed in a certificate;

       (b) Applies for or accepts the certificate; and

       (c) Holds a private key that corresponds to a public key listed in that certificate.

       (39) "Suitable guaranty" means either a surety bond executed by a surety authorized by the insurance commissioner to do business in this state, or an irrevocable letter of credit issued by a financial institution authorized to do business in this state, which, in either event, satisfies all of the following requirements:

       (a) It is issued payable to the secretary for the benefit of persons holding qualified rights of payment against the licensed certification authority named as the principal of the bond or customer of the letter of credit;

       (b) It is in an amount specified by rule by the secretary under RCW 19.34.030;

       (c) It states that it is issued for filing under this chapter;

       (d) It specifies a term of effectiveness extending at least as long as the term of the license to be issued to the certification authority; and

       (e) It is in a form prescribed or approved by rule by the secretary.

       A suitable guaranty may also provide that the total annual liability on the guaranty to all persons making claims based on it may not exceed the face amount of the guaranty.

       (40) "Suspend a certificate" means to make a certificate ineffective temporarily for a specified time forward.

       (41) "Time stamp" means either:

       (a) To append or attach a digitally signed notation indicating at least the date, time, and identity of the person appending or attaching the notation to a message, digital signature, or certificate; or

       (b) The notation thus appended or attached.

       (42) "Transactional certificate" means a valid certificate incorporating by reference one or more digital signatures.

       (43) "Trustworthy system" means computer hardware and software that:

       (a) Are reasonably secure from intrusion and misuse; and

       (b) Conform with the requirements established by the secretary by rule.

       (44) "Valid certificate" means a certificate that:

       (a) A licensed certification authority has issued;

       (b) The subscriber listed in it has accepted;

       (c) Has not been revoked or suspended; and

       (d) Has not expired.

       However, a transactional certificate is a valid certificate only in relation to the digital signature incorporated in it by reference.

       (45) "Verify a digital signature" means, in relation to a given digital signature, message, and public key, to determine accurately that:

       (a) The digital signature was created by the private key corresponding to the public key; and

       (b) The message has not been altered since its digital signature was created.


EXPLANATORY NOTE

Corrects a manifest grammatical error.

       Sec. 51. RCW 19.34.250 and 1999 c 287 s 13 are each amended to read as follows:

       (1) Unless the certification authority provides otherwise in the certificate or its certification practice statement, the licensed certification authority that issued a certificate that is not a transactional certificate must suspend the certificate for a period not to exceed five business days:

       (a) Upon request by a person whom the certification authority reasonably believes to be: (i) The subscriber named in the certificate; (ii) a person duly authorized to act for that subscriber; or (iii) a person acting on behalf of the unavailable subscriber; or

       (b) By order of the secretary under RCW 19.34.210(((5))) (7).

       The certification authority need not confirm the identity or agency of the person requesting suspension. The certification authority may require the person requesting suspension to provide evidence, including a statement under oath or affirmation, regarding the requestor's identity, authorization, or the unavailability of the subscriber. Law enforcement agencies may investigate suspensions for possible wrongdoing by persons requesting suspension.

       (2) Unless the certification authority provides otherwise in the certificate or its certification practice statement, the secretary may suspend a certificate issued by a licensed certification authority for a period not to exceed five business days, if:

       (a) A person identifying himself or herself as the subscriber named in the certificate, a person authorized to act for that subscriber, or a person acting on behalf of that unavailable subscriber (([requests suspension])) requests suspension; and

       (b) The requester represents that the certification authority that issued the certificate is unavailable.

       The secretary may require the person requesting suspension to provide evidence, including a statement under oath or affirmation, regarding his or her identity, authorization, or the unavailability of the issuing certification authority, and may decline to suspend the certificate in its discretion. Law enforcement agencies may investigate suspensions by the secretary for possible wrongdoing by persons requesting suspension.

       (3) Immediately upon suspension of a certificate by a licensed certification authority, the licensed certification authority must give notice of the suspension according to the specification in the certificate. If one or more repositories are specified, then the licensed certification authority must publish a signed notice of the suspension in all the repositories. If a repository no longer exists or refuses to accept publication, or if no repository is recognized under RCW 19.34.400, the licensed certification authority must also publish the notice in a recognized repository. If a certificate is suspended by the secretary, the secretary must give notice as required in this subsection for a licensed certification authority, provided that the person requesting suspension pays in advance any fee required by a repository for publication of the notice of suspension.

       (4) A certification authority must terminate a suspension initiated by request only:

       (a) If the subscriber named in the suspended certificate requests termination of the suspension, the certification authority has confirmed that the person requesting suspension is the subscriber or an agent of the subscriber authorized to terminate the suspension; or

       (b) When the certification authority discovers and confirms that the request for the suspension was made without authorization by the subscriber. However, this subsection (4)(b) does not require the certification authority to confirm a request for suspension.

       (5) The contract between a subscriber and a licensed certification authority may limit or preclude requested suspension by the certification authority, or may provide otherwise for termination of a requested suspension. However, if the contract limits or precludes suspension by the secretary when the issuing certification authority is unavailable, the limitation or preclusion is effective only if notice of it is published in the certificate.

       (6) No person may knowingly or intentionally misrepresent to a certification authority his or her identity or authorization in requesting suspension of a certificate. Violation of this subsection is a gross misdemeanor.

       (7) The secretary may authorize other state or local governmental agencies to perform any of the functions of the secretary under this section upon a regional basis. The authorization must be formalized by an agreement under chapter 39.34 RCW. The secretary may provide by rule the terms and conditions of the regional services.

       (8) A suspension under this section must be completed within twenty-four hours of receipt of all information required in this section.


EXPLANATORY NOTE

RCW 19.34.210 was amended by 1999 c 287 s 11, changing subsection (5) to subsection (7). Also corrects an apparent drafting error.

       Sec. 52. RCW 19.34.901 and 1997 c 27 s 28 are each amended to read as follows:

       (1) Sections ((1 [101])) 101 through 601, 604, and 605, chapter 250, Laws of 1996 take effect January 1, 1998.

       (2) Sections 602 and 603, chapter 250, Laws of 1996 take effect July 27, 1997.


EXPLANATORY NOTE

Corrects a manifest drafting error.

       Sec. 53. RCW 19.36.100 and 1990 c 211 s 1 are each amended to read as follows:

       "Credit agreement" means an agreement, promise, or commitment to lend money, to otherwise extend credit, to forbear with respect to the repayment of any debt or the exercise of any remedy, to modify or amend the terms under which the creditor has lent money or otherwise extended credit, to release any guarantor or ((consigner [cosigner])) cosigner, or to make any other financial accommodation pertaining to a debt or other extension of credit.


EXPLANATORY NOTE

Corrects an apparent typographical error.

       Sec. 54. RCW 19.40.071 and 1987 c 444 s 7 are each amended to read as follows:

       (a) In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in RCW 19.40.081, may obtain:

       (1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;

       (2) An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by chapter ((7.12)) 6.25 RCW;

       (3) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure:

       (i) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;

       (ii) Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or

       (iii) Any other relief the circumstances may require.

       (b) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.


EXPLANATORY NOTE

Chapter 7.12 RCW was recodified by 1987 c 442 s 1121. Of the thirty-two sections that previously comprised chapter 7.12 RCW, twenty-four sections were recodified in chapter 6.25 RCW, seven sections were repealed, and one section was recodified in chapter 6.17 RCW.

       Sec. 55. RCW 19.56.010 and 1890 p 460 s 1 are each amended to read as follows:

       Whenever any person, company or corporation owning or controlling any newspaper or periodical of any kind, or whenever any editor or proprietor of any such newspaper or periodical shall mail or send any such newspaper or periodical to any person or persons in this state without first receiving an order for said newspaper or periodical from such person or persons to whom said newspaper or periodical is mailed or sent, (([it])) it shall be deemed to be a gift, and no debt or obligation shall accrue against such person or persons, whether said newspaper or periodical is received by the person or persons to whom it is sent or not.


EXPLANATORY NOTE

Corrects a manifest grammatical error.

       Sec. 56. RCW 19.60.085 and 1985 c 70 s 2 are each amended to read as follows:

       The provisions of this chapter do not apply to transactions conducted by the following:

       (1) Motor vehicle dealers licensed under chapter 46.70 RCW;

       (2) ((Motor)) Vehicle wreckers or hulk haulers licensed under chapter 46.79 or 46.80 RCW;

       (3) Persons giving an allowance for the trade-in or exchange of second-hand property on the purchase of other merchandise of the same kind of greater value; and

       (4) Persons in the business of buying or selling empty food and beverage containers or metal or nonmetal junk.


EXPLANATORY NOTE

"Motor vehicle wrecker" redesignated "vehicle wrecker" by 1995 c 256.

       Sec. 57. RCW 19.68.040 and 1949 c 204 s 4 are each amended to read as follows:

       It is the intent of this ((article [chapter])) chapter, and this ((article [chapter])) chapter shall be so construed, that persons so licensed shall only be authorized by law to charge or receive compensation for professional services rendered if such services are actually rendered by the licensee and not otherwise: PROVIDED, HOWEVER, That it is not intended to prohibit two or more licensees who practice their profession as copartners to charge or collect compensation for any professional services by any member of the firm, or to prohibit a licensee who employs another licensee to charge or collect compensation for professional services rendered by the employee licensee.


EXPLANATORY NOTE

Corrects an inaccurate reference.

       Sec. 58. RCW 19.72.040 and 1987 c 202 s 186 are each amended to read as follows:

       In case such bond or recognizance is given in any action or proceeding commenced or pending in any court, the judge or clerk of any court of record or district court, or any party to the action or proceeding for the security or protection of which such bond or recognizance is made may, upon notice, require any of such sureties to attend before the judge at a time and place specified and to be examined under oath touching the surety's qualifications both as to residence and property as such surety, in such manner as the judge, in the judge's discretion, may think proper. If the party demanding the examination require it, the examination shall be reduced to writing and subscribed by the surety. If the judge ((find[s])) finds the surety possesses the requisite qualifications and property, the judge shall endorse the allowance thereof on the bond or recognizance, and cause it to be filed as provided by law, otherwise it shall be of no effect.


EXPLANATORY NOTE

Corrects a manifest grammatical error.

       Sec. 59. RCW 19.80.065 and 1984 c 130 s 8 are each amended to read as follows:

       RCW 42.17.260(((5))) (9) does not apply to registrations made under this chapter.


EXPLANATORY NOTE

RCW 42.17.260 was amended by 1989 c 175 s 36, changing subsection (5) to subsection (6). RCW 42.17.260 was subsequently amended by 1992 c 139 s 3, changing subsection (6) to subsection (7). RCW 42.17.260 was subsequently amended by 1995 c 341 s 1, changing subsection (7) to subsection (9).

       Sec. 60. RCW 19.85.030 and 1995 c 403 s 402 are each amended to read as follows:

       (1) In the adoption of a rule under chapter 34.05 RCW, an agency shall prepare a small business economic impact statement: (a) If the proposed rule will impose more than minor costs on businesses in an industry; or (b) if requested to do so by a majority vote of the joint administrative rules review committee within forty-five days of receiving the notice of proposed rule making under RCW 34.05.320. However, if the agency has completed the pilot rule process as defined by RCW 34.05.313 before filing the notice of a proposed rule, the agency is not required to prepare a small business economic impact statement.

       An agency shall prepare the small business economic impact statement in accordance with RCW 19.85.040, and file it with the code reviser along with the notice required under RCW 34.05.320. An agency shall file a statement prepared at the request of the joint administrative rules review committee with the code reviser upon its completion before the adoption of the rule. An agency shall provide a copy of the small business economic impact statement to any person requesting it.

       ((An agency may request assistance from the business assistance center in the preparation of the small business economic impact statement.))

       (2) ((The business assistance center shall develop guidelines to assist agencies in determining whether a proposed rule will impose more than minor costs on businesses in an industry and therefore require preparation of a small business economic impact statement. The business assistance center may review an agency determination that a proposed rule will not impose such costs, and shall advise the joint administrative rules review committee on disputes involving agency determinations under this section.

       (3))) Based upon the extent of disproportionate impact on small business identified in the statement prepared under RCW 19.85.040, the agency shall, where legal and feasible in meeting the stated objectives of the statutes upon which the rule is based, reduce the costs imposed by the rule on small businesses. Methods to reduce the costs on small businesses may include:

       (a) Reducing, modifying, or eliminating substantive regulatory requirements;

       (b) Simplifying, reducing, or eliminating recordkeeping and reporting requirements;

       (c) Reducing the frequency of inspections;

       (d) Delaying compliance timetables;

       (e) Reducing or modifying fine schedules for noncompliance; or

       (f) Any other mitigation techniques.


EXPLANATORY NOTE

The business assistance center and its powers and duties were terminated June 30, 1995. See 1993 c 280 ss 80 and 81.

       Sec. 61. RCW 19.94.258 and 1995 c 355 s 15 are each amended to read as follows:

       (1) Except as authorized by the department, a service agent who intends to provide the examination that permits a weighing or measuring instrument or device to be placed back into commercial service under RCW 19.94.255(3) shall receive an official registration certificate from the director prior to performing such a service. This registration requirement does not apply to the department or a city sealer.

       (2) Except as provided in RCW ((19.94.035)) 19.94.2584, a registration certificate is valid for one year. It may be renewed by submitting a request for renewal to the department.


EXPLANATORY NOTE

RCW 19.94.035 was recodified as RCW 19.94.2584 pursuant to RCW 1.08.015(2)(k), September 1996.

       Sec. 62. RCW 19.94.2584 and 1995 c 355 s 17 are each amended to read as follows:

       (1) The department shall have the power to revoke, suspend, or refuse to renew the official registration certificate of any service agent for any of the following reasons:

       (a) Fraud or deceit in obtaining an official registration certificate under this chapter;

       (b) A finding by the department of a pattern of intentional fraudulent or negligent activities in the installation, inspection, testing, checking, adjusting, or systematically standardizing and approving the graduations of any weighing or measuring instrument or device;

       (c) Knowingly placing back into commercial service any weighing or measuring instrument or device that is incorrect;

       (d) A violation of any provision of this chapter; or

       (e) Conviction of a crime or an act constituting a crime under the laws of this state, the laws of another state, or federal law.

       (2) Upon the department's revocation of, suspension of, or refusal to ((renewal [renew])) renew an official registration certificate, an individual shall have the right to appeal this decision in accordance with the administrative procedure act, chapter 34.05 RCW.


EXPLANATORY NOTE

Corrects a manifest grammatical error.

       Sec. 63. RCW 19.94.310 and 1992 c 237 s 21 are each amended to read as follows:

       (1) The governing body of each city for which a city sealer has been appointed as provided for by RCW 19.94.280 shall:

       (a) Procure at the expense of the city the official weights and measures standards and any field weights and measures standards necessary for the administration and enforcement of the provisions of this chapter or any rule that may be prescribed by the director;

       (b) Provide a suitable office for the city sealer and any deputies that have been duly appointed; and

       (c) Make provision for the necessary clerical services, supplies, transportation and for defraying contingent expenses incidental to the official activities of the city sealer and his or her deputies in carrying out the provisions of this chapter.

        (2) When the acquisition of the official weights and measures standards required under subsection (1)(a) of this section has been made and such weights and measures standards have been examined and approved by the director, they shall be the certified weights and measures standards for such city.

       (3) In order to maintain field weights and ((measure[s])) measures standards in accurate condition, the city sealer shall, at least once every two years, compare the field weights and measures standards used within his or her city to the certified weights and measures standards of such city or to the official weights and measures standards of this state.


EXPLANATORY NOTE

Corrects a manifest typographical error.

       Sec. 64. RCW 19.94.390 and 1995 c 355 s 20 are each amended to read as follows:

       (1) Whenever any commodity or service is sold, or is offered, exposed, or advertised for sale, by weight, measure, or count, the price shall not be misrepresented, nor shall the price be represented in any manner calculated or tending to mislead or deceive an actual or prospective purchaser. Whenever an advertised, ((poster [posted])) posted or labeled price per unit of weight, measure, or count includes a fraction of a cent, all elements of the fraction shall be prominently displayed and the numeral or numerals expressing the fraction shall be immediately adjacent to, of the same general design and style as, and at least one-half the height and one-half the width of the numerals representing the whole cents.

       (2) The examination procedure recommended for price verification by the price verification working group of the laws and regulations committee of the national conference on weights and measures (as reflected in the fourth draft, dated November 1, 1994) for devices such as electronic scanners shall govern such examinations conducted under this chapter. The procedure shall be deemed to be adopted under this chapter. However, the department may revise the procedure as follows: The department shall provide notice of and conduct a public hearing pursuant to chapter 34.05 RCW to determine whether any revisions to this procedure made by the national institute of standards and technology or its successor organization for incorporating the examination procedure into an official handbook of the institute or its successor, or any subsequent revisions of the handbook regarding such procedures shall also be adopted under this chapter. If the department determines that the procedure should be so revised, it may adopt the revisions. Violations of this section regarding the use of devices such as electronic scanners may be found only as provided by the examination procedures adopted by or under this subsection.

       (3) Electronic scanner screens installed after January 1, 1996, and used in retail establishments must be visible to the consumer at the checkout line.


EXPLANATORY NOTE

Corrects a manifest typographical error.

       Sec. 65. RCW 19.94.505 and 1992 c 237 s 34 are each amended to read as follows:

       (1) It is unlawful for any dealer ((or service station)), as ((both are)) defined in RCW 82.36.010, to sell ethanol and/or methanol at one percent, by volume, or greater in gasoline for use as motor vehicle fuel unless the dispensing device has a label stating the type and maximum percentage of alcohol contained in the motor vehicle fuel.

       (2) In any county, city, or other political subdivision designated as a carbon monoxide nonattainment area pursuant to the provisions of subchapter I of the clean air act amendments of 1990, P.L. 101-549, and in which the sale of oxygenated petroleum products is required by section 211(m) of the clean air act amendments of 1990, 42 U.S.C. 7545(m), any dealer ((or service station)), as ((both are)) defined in RCW 82.36.010, who sells or dispenses a petroleum product that contains at least one percent, by volume, ethanol, methanol, or other oxygenate, shall post only such label or notice as may be required pursuant to 42 U.S.C. 7545(m)(4) or any amendments thereto or any successor provision thereof. This provision shall be applicable only during such portion of the year as oxygenated petroleum product sales are required pursuant to 42 U.S.C. 7545(m).

       (3) Any person who violates this section is subject to a civil penalty of no more than five hundred dollars.


EXPLANATORY NOTE

RCW 82.36.010 was amended by 1998 c 176 s 6, deleting the definition of "service station."

       Sec. 66. RCW 19.98.020 and 1975 1st ex.s. c 277 s 2 are each amended to read as follows:

       All repurchase payments to retailers and sellers made pursuant to RCW 19.98.010 shall be less amounts owed on any lien or claim then outstanding upon such items covered by this section. Any wholesaler, manufacturer, or distributor making repurchase payments covered by this chapter to any retailer or seller shall satisfy such secured liens or claims pursuant to ((chapter [article])) Article 62A.9 RCW less any interest owed to the lienholder arising from the financing of such items which shall be paid to any such secured lienholder by the retailer or seller. In no case shall the wholesaler, manufacturer, or distributor, in making payments covered by RCW 19.98.010, pay in excess of those amounts prescribed therein.


EXPLANATORY NOTE

Corrects an inaccurate reference.

       Sec. 67. RCW 19.98.110 and 1990 c 124 s 2 are each amended to read as follows:

       Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 19.98.100 through 19.98.150 and 19.98.911:

       (1) "Equipment" means machinery consisting of a framework, various fixed and moving parts, driven by an internal combustion engine, and all other implements associated with this machinery that are designed for or adapted and used for agriculture, horticulture, livestock, or grazing use.

       (2) "Equipment dealer" or "equipment dealership" means any person, partnership, corporation, association, or other form of business enterprise, primarily engaged in retail sale or service of equipment in this state, pursuant to any oral or written agreement for a definite or indefinite period of time in which there is a continuing commercial relationship in the marketing of the equipment or related services, but does not include dealers covered by chapter 46.70 or 46.94 RCW.

       (3) "Supplier" means the manufacturer, wholesaler, or distributor of the equipment to be sold by the equipment dealer.

       (4) "Dealer agreement" means a contract or agreement, either expressed or implied, whether oral or written, between a supplier and an equipment dealer, by which the equipment dealer is granted the right to sell, distribute, or service the supplier's equipment where there is a continuing commercial relationship between the supplier and the equipment dealer.

       (5) "Continuing commercial relationship" means any relationship in which the equipment dealer has been granted the right to sell or service equipment manufactured by (([the])) the supplier.

       (6) "Good cause" means failure by an equipment dealer to substantially comply with essential and reasonable requirements imposed upon the equipment dealer by the dealer agreement, provided such requirements are not different from those requirements imposed on other similarly situated equipment dealers in the state either by their terms or in the manner of their enforcement.


EXPLANATORY NOTE

Corrects a manifest grammatical error.

       Sec. 68. RCW 19.105.330 and 1988 c 159 s 5 are each amended to read as follows:

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

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

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

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


EXPLANATORY NOTE

Corrects a manifest clerical error.

       Sec. 69. RCW 19.105.470 and 1988 c 159 s 23 are each amended to read as follows:

       (1) Whenever it appears to the director that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter, any withdrawal of a camping resort property in violation of RCW 19.105.380(((1)(j))) (1)(q), or any rule, order, or permit issued under this chapter, the director may in his or her discretion issue an order directing the person to cease and desist from continuing the act or practice. Reasonable notice of and opportunity for a hearing shall be given. However, the director may issue a temporary order pending the hearing which shall be effective immediately upon delivery to the person affected and which shall remain in effect until ten days after the hearing is held and which shall become final if the person to whom notice is addressed does not request a hearing within fifteen days after receipt of notice.

       (2) If it appears necessary in order to protect the interests of members and purchasers, whether or not the director has issued a cease and desist order, the attorney general in the name of the state, the director, the proper prosecuting attorney, an affiliated members' common-interest association, or a group of members as a class, may bring an action in any court of competent jurisdiction to enjoin any such acts or practices and to enforce compliance with this chapter or any rule, order, or permit under this chapter. Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted and a receiver or conservator may be appointed for the defendant, for the defendant's assets, or to protect the interests or assets of a members' common-interest association or the members of a camping resort as a class. The state, the director, a members' common-interest association, or members as a class shall not be required to post a bond in such proceedings.


EXPLANATORY NOTE

The reference to RCW 19.105.380(1)(j) appears to be erroneous. Before March 20, 1988, the reference was to RCW 19.105.380(9). Chapter 159, Laws of 1988 placed the text of RCW 19.105.380(9) in RCW 19.105.380(1)(q), effective March 20, 1988.


       Sec. 70. RCW 19.116.030 and 1990 c 44 s 4 are each amended to read as follows:

       Unlawful subleasing or unlawful transfer of an ownership interest in motor vehicles ((are [is])) is not reasonable in relation to the development and preservation of business. A violation of this chapter is an unfair or deceptive act in trade or commerce for the purpose of applying the consumer protection act, chapter 19.86 RCW.


EXPLANATORY NOTE

Corrects a manifest grammatical error.

       Sec. 71. RCW 19.116.050 and 1990 c 44 s 6 are each amended to read as follows:

       A dealer engages in an act of unlawful transfer of ownership interest in motor vehicles when all of the following circumstances are met:

       (1) The dealer does not pay off any balance due to the secured party on a vehicle acquired by the dealer, no later than the close of the second business day after the acquisition date of the vehicle; and

       (2) The dealer does not obtain a certificate of ownership under RCW ((46.12.140)) 46.70.124 for each used vehicle kept in his or her possession unless that certificate is in the possession of the person holding a security interest in the dealer's inventory; and

       (3) The dealer does not transfer the certificate of ownership after the transferee has taken possession of the motor vehicle.


EXPLANATORY NOTE

RCW 46.12.140 was recodified as RCW 46.70.124 pursuant to 1993 c 307 s 18.

       Sec. 72. RCW 19.120.080 and 1986 c 320 s 9 are each amended to read as follows:

       Without limiting the other provisions of this chapter, the following specific rights and prohibitions shall govern the relation between the motor fuel refiner-supplier and the motor fuel retailers:

       (1) The parties shall deal with each other in good faith.

       (2) For the purposes of this chapter and without limiting its general application, it shall be an unfair or deceptive act or practice or an unfair method of competition and therefore unlawful and a violation of this chapter for any person to:

       (a) Require a motor fuel retailer to purchase or lease goods or services of the motor fuel refiner-supplier or from approved sources of supply unless and to the extent that the motor fuel refiner-supplier satisfies the burden of proving that such restrictive purchasing agreements are reasonably necessary for a lawful purpose justified on business grounds, and do not substantially affect competition: PROVIDED, That this provision shall not apply to the initial inventory of the motor fuel franchise. In determining whether a requirement to purchase or lease goods or services constitutes an unfair or deceptive act or practice or an unfair method of competition the courts shall be guided by the decisions of the courts of the United States interpreting and applying the anti-trust laws of the United States.

       (b) Discriminate between motor fuel retailers in the charges offered or made for royalties, goods, services, equipment, rentals, advertising services, or in any other business dealing, unless and to the extent that the motor fuel refiner-supplier satisfies the burden of proving that any classification of or discrimination between motor fuel retailers is reasonable, is based on motor fuel franchises granted at materially different times and such discrimination is reasonably related to such difference in time or on other proper and justifiable distinctions considering the purposes of this chapter, and is not arbitrary.

       (c) Sell, rent, or offer to sell to a motor fuel retailer any product or service for more than a fair and reasonable price.

       (d) Require (([a])) a motor fuel retailer to assent to a release, assignment, novation, or waiver which would relieve any person from liability imposed by this chapter.


EXPLANATORY NOTE

Corrects a manifest grammatical error.

       Sec. 73. RCW 19.138.021 and 1996 c 180 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 licensing.

       (2) "Director" means the director of licensing or the director's designee.

       (3) "Seller of travel" means a person, firm, or corporation both inside and outside the state of Washington, who transacts business with Washington consumers for travel services.

       (a) "Seller of travel" includes a travel agent and any person who is an independent contractor or outside agent for a travel agency or other seller of travel whose principal duties include consulting with and advising persons concerning travel arrangements or accommodations in the conduct or administration of its business. If a seller of travel is employed by a seller of travel who is registered under this chapter, the employee need not also be registered.

       (b) "Seller of travel" does not include:

       (i) An air carrier;

       (ii) An owner or operator of a vessel, including an ocean common carrier as defined in 46 U.S.C. App. 1702(18), an owner or charterer of a vessel that is required to establish its financial responsibility in accordance with the requirements of the federal maritime commission, 46 U.S.C. App. 817 (e), and a steamboat company ((as defined in RCW 84.12.200)) whether or not operating over and upon the waters of this state;

       (iii) A motor carrier;

       (iv) A rail carrier;

       (v) A charter party carrier of passengers as defined in RCW 81.70.020;

       (vi) An auto transportation company as defined in RCW 81.68.010;

       (vii) A hotel or other lodging accommodation;

       (viii) An affiliate of any person or entity described in (i) through (vii) of this subsection (3)(b) that is primarily engaged in the sale of travel services provided by the person or entity. For purposes of this subsection (3)(b)(viii), an "affiliate" means a person or entity owning, owned by, or under common ownership, with "owning," "owned," and "ownership" referring to equity holdings of at least eighty percent;

       (ix) Direct providers of transportation by air, sea, or ground, or hotel or other lodging accommodations who do not book or arrange any other travel services.

       (4) "Travel services" includes transportation by air, sea, or ground, hotel or any lodging accommodations, package tours, or vouchers or coupons to be redeemed for future travel or accommodations for a fee, commission, or other valuable consideration.

       (5) "Advertisement" includes, but is not limited to, a written or graphic representation in a card, brochure, newspaper, magazine, directory listing, or display, and oral, written, or graphic representations made by radio, television, or cable transmission that relates to travel services.

       (6) "Transacts business with Washington consumers" means to directly offer or sell travel services to Washington consumers, including the placement of advertising in media based in the state of Washington or that is primarily directed to Washington residents. Advertising placed in national print or electronic media alone does not constitute "transacting business with Washington consumers." Those entities who only wholesale travel services are not "transacting business with Washington consumers" for the purposes of this chapter.


EXPLANATORY NOTE

RCW 84.12.200 was amended by 1998 c 335 s 1, removing the definition of steamboat company.

       Sec. 74. RCW 19.146.260 and 1997 c 106 s 18 are each amended to read as follows:

       Every licensed mortgage broker that does not maintain a physical office within the state must maintain a registered agent within the state to receive service of any lawful process in any judicial or administrative noncriminal suit, action, or proceeding against the licensed mortgage broker which arises under this chapter or any rule or order under this chapter, with the same force and validity as if served personally on the licensed mortgage broker. Service upon the registered agent shall not be effective unless the plaintiff, who may be the director in a suit, action, or proceeding instituted by him or her, no later than the next business day sends notice of the service and a copy of the process by registered mail to the defendant or respondent at the last address of the respondent or defendant on file with the director. In any judicial action, suit, or proceeding arising under this chapter or any rule or order adopted under this chapter between the department or director and a licensed mortgage broker who does not maintain a physical office in this state, venue shall be exclusively in the superior court of ((the [of])) Thurston county.


EXPLANATORY NOTE

Corrects a manifest grammatical error.

       Sec. 75. RCW 19.166.090 and 1991 c 128 s 9 are each amended to read as follows:

       Any person who violates any provision of this chapter or who willfully and knowingly gives false or incorrect information to the secretary (([of state])) of state, attorney general, or county prosecuting attorney in filing statements required by this chapter, whether or not such statement or report is verified, is guilty of a misdemeanor punishable under chapter 9A.20 RCW.


EXPLANATORY NOTE

Clarifies that the reference is to the secretary of state.

       Sec. 76. RCW 19.174.020 and 1993 c 324 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) "Access area" means a paved walkway or sidewalk that is within fifty feet of an automated teller machine or night deposit facility. "Access area" does not include publicly maintained sidewalks or roads.

       (2) "Access device" means:

       (a) "Access device" as defined in federal reserve board Regulation E, 12 C.F.R. Part 205, promulgated under the Electronic Fund Transfer Act, 15 U.S.C. Sec. 1601, et seq.; or

       (b) A key or other mechanism issued by a banking institution to its customer to give the customer access to the banking institution's night deposit facility.

       (3) "Automated teller machine" means an electronic information processing device located in this state that accepts or dispenses cash in connection with a credit, deposit, or convenience account. (("Automatic [automated])) "Automated teller machine" does not include a device used primarily to facilitate check guarantees or check authorizations, used in connection with the acceptance or dispensing of cash on a person-to-person basis such as by a store cashier, or used for payment of goods and services.

       (4) "Banking institution" means a state or federally chartered bank, trust company, savings bank, savings and loan association, and credit union.

       (5) "Candle-foot power" means a light intensity of candles on a horizontal plane at thirty-six inches above ground level and five feet in front of the area to be measured.

       (6) "Control of an access area or defined parking area" means to have the present authority to determine how, when, and by whom it is to be used, and how it is to be maintained, lighted, and landscaped.

       (7) "Defined parking area" means that portion of a parking area open for customer parking that is:

       (a) Contiguous to an access area with respect to an automated teller machine or night deposit facility;

       (b) Regularly, principally, and lawfully used for parking by users of the automated teller machine or night deposit facility while conducting transactions during hours of darkness; and

       (c) Owned or leased by the operator of the automated teller machine or night deposit facility or owned or controlled by the party leasing the automated teller machine or night deposit facility site to the operator. "Defined parking area" does not include a parking area that is not open or regularly used for parking by users of the automated teller machine or night deposit facility who are conducting transactions during hours of darkness. A parking area is not open if it is physically closed to access or if conspicuous signs indicate that it is closed. If a multiple level parking area satisfies the conditions of this subsection (7)(c) and would therefore otherwise be a defined parking area, only the single parking level deemed by the operator of the automated teller machine and night deposit facility to be the most directly accessible to the users of the automated teller machine and night deposit facility is a defined parking area.

       (8) "Hours of darkness" means the period that commences thirty minutes after sunset and ends thirty minutes before sunrise.

       (9) "Night deposit facility" means a receptacle that is provided by a banking institution for the use of its customers in delivering cash, checks, and other items to the banking institution.

       (10) "Operator" means a banking institution or other business entity or a person who operates an automated teller machine or night deposit facility.


EXPLANATORY NOTE

Corrects a manifest drafting error.

       NEW SECTION. Sec. 77. The following acts or parts of acts are each repealed:

       (1) RCW 18.08.150 (Application for examination--Fee) and 1985 c 7 s 5;

       (2) RCW 18.08.190 (Expiration of certificate--Renewal--Fee--Withdrawal of registrant) and 1985 c 7 s 6;

       (3) RCW 18.08.220 (Reinstatement of certificate--Replacement of lost or destroyed certificate, charge) and 1985 c 7 s 7;

       (4) RCW 18.25.050 (Revocation or refusal of licenses--Hearing--Restoration) and 1985 c 7 s 16;

       (5) RCW 18.32.326 (Identification of dental prostheses--Technical assistance);

       (6) RCW 18.45.010 (Definitions) and 1979 c 141 s 27;

       (7) RCW 18.45.020 (Administration of chapter) and 1979 c 141 s 28;

       (8) RCW 18.45.440 (Inspection of premises, records, materials--Powers of secretary) and 1979 c 141 s 29;

       (9) RCW 18.45.450 (Condemnation of articles, materials--Grounds--Disposition) and 1979 c 141 s 30;

       (10) RCW 18.45.470 (Condemned articles--Failure to relinquish--Penalty) and 1979 c 141 s 31; and

       (11) RCW 18.90.010 (Definitions) and 1979 c 158 s 70.


EXPLANATORY NOTE

RCW 18.08.150 was amended by 1985 c 7 s 5 without reference to its repeal by 1985 c 37 s 18. Repealing this section removes the decodified section from the code.

RCW 18.08.190 was amended by 1985 c 7 s 6 without reference to its repeal by 1985 c 37 s 18. Repealing this section removes the decodified section from the code.

RCW 18.08.220 was amended by 1985 c 7 s 7 without reference to its repeal by 1985 c 37 s 18. Repealing this section removes the decodified section from the code.

RCW 18.25.050 was amended by 1985 c 7 s 16 without reference to its repeal by 1986 c 259 s 27. Repealing this section removes the decodified section from the code.

RCW 18.32.326 was both recodified and repealed during the 1989 legislative sessions, each without reference to the other. Repealing this section removes the decodified section from the code.

RCW 18.45.010 was amended by 1979 c 141 s 27 without reference to its repeal by 1979 c 99 s 1, effective June 30, 1982. Repealing this section removes the decodified section from the code.

RCW 18.45.020 was amended by 1979 c 141 s 28 without reference to its repeal by 1979 c 99 s 51, effective June 30, 1982. Repealing this section removes the decodified section from the code.

RCW 18.45.440 was amended by 1979 c 141 s 29 without reference to its repeal by 1979 c 99 s 51, effective June 30, 1982. Repealing this section removes the decodified section from the code.

RCW 18.45.450 was amended by 1979 c 141 s 30 without reference to its repeal by 1979 c 99 s 51, effective June 30, 1982. Repealing this section removes the decodified section from the code.

RCW 18.45.470 was amended by 1979 c 141 s 31 without reference to its repeal by 1979 c 99 s 51, effective June 30, 1982. Repealing this section removes the decodified section from the code.

RCW 18.90.010 was amended by 1979 c 158 s 70 without reference to its repeal by 1979 c 99 s 60, effective June 30, 1982. Repealing this section removes the decodified section from the code."


MOTIONS


      On motion of Senator Prentice, the following title amendment was adopted:

       On page 1, line 2 of the title, after "laws;" strike the remainder of the title and insert "amending RCW 18.04.295, 18.04.105, 18.20.010, 18.22.040, 18.25.0151, 18.25.0196, 18.25.0197, 18.25.190, 18.27.270, 18.39.010, 18.39.510, 18.44.241, 18.44.261, 18.44.271, 18.44.281, 18.44.291, 18.44.450, 18.48.060, 18.53.040, 18.57.174, 18.57A.060, 18.64.430, 18.71.017, 18.74.012, 18.88A.140, 18.104.020, 18.106.180, 18.106.250, 18.130.172, 18.135.060, 18.145.010, 18.155.010, 18.155.020, 18.155.030, 18.160.030, 18.160.040, 18.165.020, 18.165.130, 18.170.110, 18.185.010, 18.205.030, 18.205.100, 19.02.110, 19.02.800, 19.27A.050, 19.28.015, 19.28.370, 19.30.200, 19.32.150, 19.34.020, 19.34.250, 19.34.901, 19.36.100, 19.40.071, 19.56.010, 19.60.085, 19.68.040, 19.72.040, 19.80.065, 19.85.030, 19.94.258, 19.94.2584, 19.94.310, 19.94.390, 19.94.505, 19.98.020, 19.98.110, 19.105.330, 19.105.470, 19.116.030, 19.116.050, 19.120.080, 19.138.021, 19.146.260, 19.166.090, and 19.174.020; and repealing RCW 18.08.150, 18.08.190, 18.08.220, 18.25.050, 18.32.326, 18.45.010, 18.45.020, 18.45.440, 18.45.450, 18.45.470, and 18.90.010."

      On motion of Senator Prentice, the rules were suspended, House Bill No. 2400, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2400, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2400, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.

     Excused: Senator Sellar - 1.

      HOUSE BILL NO. 2400, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2078, by House Committee on Natural Resources (originally sponsored by Representatives Buck, Regala, Eickmeyer and Anderson)

 

Merging Titles 75 and 77 RCW.


      The bill was read the second time.


MOTION


      On motion of Senator Jacobsen, the following Committee on Natural Resources, Parks and Recreation striking amendment was adopted:

       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))