MORNING SESSION
Senate Chamber, Olympia, Thursday, April 14, 2011
The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present with the exception of Senators Benton, Delvin and Honeyford.
The Sergeant at Arms Color Guard consisting of Pages Tristan Mailloux and Alyssa Walker, presented the Colors. Pastor Tom Niewulis, Jr. of Walnut Grove Community Church of Vancouver offered the prayer.
MOTION
On motion of Senator Eide, the reading of the Journal of the previous day was dispensed with and it was approved.
MOTION
There being no objection, the Senate advanced to the first order of business.
REPORTS OF STANDING COMMITTEES
April 13, 2011
E2SHB 1738 Prime Sponsor, Committee on Ways & Means: Changing the designation of the medicaid single state agency. Reported by Committee on Ways & Means
MAJORITY recommendation: That it be referred without recommendation. Signed by Senators Murray, Chair; Kilmer, Vice Chair, Capital Budget Chair; Zarelli; Baxter; Brown; Conway; Fraser; Hatfield; Hewitt; Honeyford; Kastama; Keiser; Kohl-Welles; Pflug; Regala; Rockefeller; Schoesler and Tom.
Passed to Committee on Health & Long-Term Care.
April 13, 2011
SHB 2017 Prime Sponsor, Committee on Ways & Means: Concerning the master license service program. Reported by Committee on Ways & Means
MAJORITY recommendation: Do pass. Signed by Senators Murray, Chair; Kilmer, Vice Chair, Capital Budget Chair; Zarelli; Brown; Conway; Fraser; Hatfield; Hewitt; Honeyford; Kastama; Keiser; Kohl-Welles; Pflug; Pridemore; Regala; Rockefeller; Schoesler and Tom.
MINORITY recommendation: Do not pass. Signed by Senator Holmquist Newbry.
Passed to Committee on Rules for second reading.
April 13, 2011
HB 2019 Prime Sponsor, Representative Dunshee: Concerning the deposit of the additional cigarette tax. Reported by Committee on Ways & Means
MAJORITY recommendation: Do pass. Signed by Senators Murray, Chair; Kilmer, Vice Chair, Capital Budget Chair; Zarelli; Brown; Conway; Fraser; Hatfield; Honeyford; Kastama; Keiser; Kohl-Welles; Pflug; Pridemore; Regala; Rockefeller; Schoesler and Tom.
Passed to Committee on Rules for second reading.
MOTION
On motion of Senator Eide, all measures listed on the Standing Committee report were referred to the committees as designated.
MOTION
On motion of Senator Eide, the Senate advanced to the third order of business.
MESSAGE FROM THE GOVERNOR
GUBERNATORIAL APPOINTMENTS
April 13, 2011
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
ELIZABETH K. JENSEN, appointed March 30, 2011, for the term ending January 19, 2015, as Member of the Board of Pharmacy.
Sincerely,
CHRISTINE O. GREGOIRE, Governor
Referred to Committee on Health & Long-Term Care.
MOTION
On motion of Senator Eide, the appointee listed on the Gubernatorial Appointment report was referred to the committee as designated.
MOTION
On motion of Senator Eide, the Senate advanced to the fourth order of business.
MESSAGE FROM THE HOUSE
April 13, 2011
MR. PRESIDENT:
The House concurred in the Senate amendments to the following bills and passed the bills as amended by the Senate:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1041,
SUBSTITUTE HOUSE BILL NO. 1051,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1071,
SUBSTITUTE HOUSE BILL NO. 1136,
SUBSTITUTE HOUSE BILL NO. 1145,
SECOND SUBSTITUTE HOUSE BILL NO. 1163,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1183,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1186,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1202,
SUBSTITUTE HOUSE BILL NO. 1211,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1220,
SUBSTITUTE HOUSE BILL NO. 1254,
HOUSE BILL NO. 1290,
HOUSE BILL NO. 1306,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1309.
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MESSAGE FROM THE HOUSE
April 13, 2011
MR. PRESIDENT:
The House concurred in the Senate amendments to the following bills and passed the bills as amended by the Senate:
SUBSTITUTE HOUSE BILL NO. 1315,
SUBSTITUTE HOUSE BILL NO. 1329,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1367,
HOUSE BILL NO. 1407,
ENGROSSED HOUSE BILL NO. 1409,
SUBSTITUTE HOUSE BILL NO. 1422,
SUBSTITUTE HOUSE BILL NO. 1431,
HOUSE BILL NO. 1455,
HOUSE BILL NO. 1465,
SUBSTITUTE HOUSE BILL NO. 1467,
HOUSE BILL NO. 1473,
HOUSE BILL NO. 1479,
SUBSTITUTE HOUSE BILL NO. 1485,
SUBSTITUTE HOUSE BILL NO. 1493,
SUBSTITUTE HOUSE BILL NO. 1502.
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MESSAGE FROM THE HOUSE
April 13, 2011
MR. PRESIDENT:
The House concurred in the Senate amendments to the following bills and passed the bills as amended by the Senate:
SUBSTITUTE HOUSE BILL NO. 1506,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1509,
ENGROSSED HOUSE BILL NO. 1517,
HOUSE BILL NO. 1521,
SUBSTITUTE HOUSE BILL NO. 1538,
SUBSTITUTE HOUSE BILL NO. 1567,
HOUSE BILL NO. 1582,
SUBSTITUTE HOUSE BILL NO. 1697,
SUBSTITUTE HOUSE BILL NO. 1710,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1716,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1721,
HOUSE BILL NO. 1770,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1776.
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
On motion of Senator Eide, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING
SB 5935 by Senator Hargrove
AN ACT Relating to adoption support payments; amending RCW 74.13A.025, 74.13A.050, and 74.13A.060; reenacting and amending RCW 74.13A.020; adding a new section to chapter 74.13A RCW; providing an effective date; and declaring an emergency.
Referred to Committee on Ways & Means.
SB 5936 by Senators Honeyford, Ericksen, Carrell, Swecker and Schoesler
AN ACT Relating to the Washington State Bar Association; adding new sections to chapter 2.44 RCW; creating a new section; recodifying RCW 2.48.180, 2.48.190, and 2.48.200; and repealing RCW 2.48.010, 2.48.020, 2.48.021, 2.48.030, 2.48.035, 2.48.040, 2.48.050, 2.48.060, 2.48.070, 2.48.080, 2.48.090, 2.48.100, 2.48.110, 2.48.130, 2.48.140, 2.48.150, 2.48.160, 2.48.165, 2.48.166, 2.48.170, 2.48.210, 2.48.220, and 2.48.230.
Referred to Committee on Judiciary.
SB 5937 by Senator Shin
AN ACT Relating to a temporary sales and use tax rate increase to provide funding for essential government services; amending RCW 82.08.020; reenacting and amending RCW 82.08.064; creating a new section; providing an effective date; and declaring an emergency.
Referred to Committee on Ways & Means.
SB 5938 by Senators Hargrove and Zarelli
AN ACT Relating to the disability lifeline programs; amending RCW 74.04.005, 43.330.175, and 43.185C.060; reenacting and amending RCW 74.09.035 and 43.84.092; adding new sections to chapter 74.04 RCW; creating a new section; providing an effective date; and declaring an emergency.
Referred to Committee on Ways & Means.
SB 5939 by Senator McAuliffe
AN ACT Relating to copayments for the early childhood education and assistance program; amending RCW 43.215.410 and 43.215.425; adding a new section to chapter 43.215 RCW; providing an effective date; and declaring an emergency.
Referred to Committee on Ways & Means.
SB 5940 by Senators Hobbs, Ericksen, Keiser, Tom, Kastama and Zarelli
AN ACT Relating to implementation of reforms to school employee benefits purchasing consistent with recommendations of the state auditor's performance review; amending RCW 28A.400.280; creating new sections; providing an effective date; and declaring an emergency.
Referred to Committee on Ways & Means.
SB 5941 by Senators Eide, Regala, Rockefeller and Kline
AN ACT Relating to judicial branch funding; amending RCW 3.62.020, 12.40.020, 36.18.018, and 43.79.505; reenacting and amending RCW 3.62.060 and 36.18.020; providing an effective date; and declaring an emergency.
Referred to Committee on Ways & Means.
SB 5942 by Senators Hewitt and Zarelli
AN ACT Relating to the warehousing and distribution of spirits, including the lease and modernization of the state's spirits warehousing and distribution facilities and related operations; amending RCW 66.08.050 and 66.08.070; adding a new chapter to Title 66 RCW; and declaring an emergency.
Referred to Committee on Ways & Means.
SB 5943 by Senators Prentice and Zarelli
AN ACT Relating to transition services for people with developmental disabilities; amending RCW 71A.10.020, 71A.20.010, 71A.20.020, 71A.18.040, and 71A.20.080; adding new sections to chapter 71A.20 RCW; creating new sections; providing an effective date; and declaring an emergency.
Referred to Committee on Ways & Means.
SB 5944 by Senators Murray, White, Regala, Prentice, Rockefeller, Fraser, Harper, Ranker, Conway, Nelson, Kohl-Welles, Kline and Chase
AN ACT Relating to revenue increases for purposes of imposing a supermajority voting requirement in the legislature; amending RCW 43.135.034; creating a new section; and providing for submission of this act to a vote of the people.
Referred to Committee on Ways & Means.
SB 5945 by Senators Rockefeller, Prentice, Eide, Kohl-Welles, Harper, Nelson, White, Ranker, Kline, Murray, Chase, Fraser, Conway, Keiser, Shin and Regala
AN ACT Relating to modifying excise tax laws to provide funding for essential government services; amending RCW 82.04.4281, 82.04.4292, 82.04.240, 82.04.2404, 82.04.260, 82.04.263, 82.04.272, 82.04.290, 82.04.2905, 82.04.2906, 82.04.2907, 82.04.2908, and 82.04.294; reenacting and amending RCW 82.04.250, 82.04.2909, and 82.32.790; creating a new section; and providing contingent effective dates.
Referred to Committee on Ways & Means.
SB 5946 by Senators Ranker, White, Rockefeller, Harper, Conway, Kohl-Welles, Fraser, Prentice, Hargrove, Kline, Chase and Nelson
AN ACT Relating to strengthening compliance measures for the collection of excise taxes from corporate officers responsible for tax payments to provide funding for essential government services; amending RCW 82.32.145; creating a new section; and providing an effective date.
Referred to Committee on Ways & Means.
SB 5947 by Senators Eide, Conway, Kohl-Welles, Rockefeller, Ranker, Shin, Nelson, White, Murray, Kline and Chase
AN ACT Relating to repealing certain tax exemptions to provide funding for essential government services; creating a new section; and repealing RCW 82.08.0272, 82.12.0272, 82.08.910, 82.12.910, 82.08.920, and 82.12.920.
Referred to Committee on Ways & Means.
SJM 8009 by Senators Regala and Nelson
Requesting respectfully for adoption of the federal main street fairness act.
Referred to Committee on Ways & Means.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
ESHB 2026 by House Committee on Labor & Workforce Development (originally sponsored by Representatives Sells and Reykdal)
AN ACT Relating to creating the industrial insurance rainy day account; amending RCW 51.16.035 and 51.44.100; reenacting and amending RCW 43.84.092; and adding new sections to chapter 51.44 RCW.
Referred to Committee on Ways & Means.
MOTION
On motion of Senator Eide, all measures listed on the Introduction and First Reading report were referred to the committees as designated.
MOTION
On motion of Senator Eide, the Senate advanced to the eighth order of business.
MOTION
Senator Eide moved adoption of the following resolution:
SENATE RESOLUTION
8656
By Senators Eide and Schoesler
WHEREAS, The Red Hat Society was founded in 1998 by Sue Ellen Cooper of Fullerton, California, who was inspired by "Warning," a poem by Jenny Joseph that opens with the line, "When I am an old woman I shall wear purple with a red hat that doesn't go and doesn't suit me"; and
WHEREAS, The Red Hat Society was created as a social outlet for women at least 50 years old; and
WHEREAS, The motto of The Red Hat Society is "Red Hatters Matter," to promote the value of older women in society and reshape the way they are viewed in today's culture; and
WHEREAS, Women of The Red Hat Society are from all areas of life: Mothers, grandmothers, homemakers, entrepreneurs, teachers, retirees, and senators, as well as women who are single, married, or widowed; and
WHEREAS, There are more than one million members of The Red Hat Society worldwide; and
WHEREAS, The Washington State Senate recognizes the value provided by the social support given by the organization; and
WHEREAS, The Senate also recognizes that men need the same support and social interaction or perhaps even more than the fairer sex; and
WHEREAS, The legislature strives in its activities to be inclusive of all individuals from all walks of life, including men;
NOW, THEREFORE, BE IT RESOLVED, That in celebrating the womanhood of our State Senators, we also celebrate the maturity and graceful aging of our male colleagues 50 years and older through admission into our society of blossoming through shared suffering; and
BE IT FURTHER RESOLVED, That admission into this exclusive society is reserved to a basis of temporary trial pending good behavior and high spirits; and
BE IT FURTHER RESOLVED, That male members of the society must wear both cowboy hats and red ties as a symbol of their commitment to solidarity and support of their colleagues; and
BE IT FURTHER RESOLVED, That the Washington State Senate shall celebrate Red Hat - or Tie - Day and that its members celebrate by having fun; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Washington State Senate and to the Federal Way, Shades of Ruby, chapter of the Red Hat Society.
Senators Eide, Regala and King spoke in favor of adoption of the resolution.
POINT OF ORDER
Senator Swecker: “Mr. President, I wonder if the good Senator from the Twenty-Third District is violating our dress code by wearing a non-red hat?”
REPLY BY THE PRESIDENT
President Owen: “Which Senator would that be, Senator Rockefeller? I don’t know if you’ve noticed this over the years, he’s been here quite a while. He is not a woman?”
PERSONAL PRIVILEGE
Senator Rockefeller: “Mr. President, I’m glad you noticed that. I have a red feather I think here on the side of this cowboy hat. Mr. President, with the response to the resolution by Senator Eide and others I just have a couple of things I’d like to say. ‘When I’m an old man, I shall wear a red tie and a cowboy hat that I find nifty. No matter how old I am I’m not a day above fifty. I take heed of the red-hatted ladies on this floor, ever youthful, active and engaged and these delightful women lead with passion and heart but if you don’t dance you’ll be up staged so fifty years young has proven it’s perks, wisdom and insight and seniority. We’re no jerks, but none of this would really truly matter without the leading presence of all these red-hatters.’ So I want to offer them congratulations. It’s a pleasure to serve here with you.”
PERSONAL PRIVILEGE
Senator Haugen: “Thank you Mr. President. Well, I miss our good friend, Senator McCaslin who always wore his red hat. It’s interesting to me to see that Spokane has another personality that likes red hats also although his isn’t as interesting as our former colleague, Senator McCaslin but I do think it looks very charming on him and so we’re really happy to see that Spokane still has some humor left. Thank you Mr. President.”
PERSONAL PRIVILEGE
Senator Baumgartner: “I’d just like to say most interpreted this as crimson hat day. It would note that be that be there red or be they crimson, they’re much better looking than purple hats. Thank you Mr. President. Go Cougs.”
Senator McAuliffe spoke in favor of adoption of the resolution.
The President declared the question before the Senate to be the adoption of Senate Resolution No. 8656.
The motion by Senator Eide carried and the resolution was adopted by voice vote.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced students from Randers Christian Free School in Randers, Denmark led by Bent Anderson and Camilla Poulsen who were seated in the gallery with Shani, daughter of the Lt. Governor and CammiAnn, the Lt. Governor’s granddaughter who were also seated in the gallery.
MOTION
On motion of Senator Eide, the Senate reverted to the fourth order of business.
MOTION
On motion of Senator Ericksen, Senators Benton, Delvin and Honeyford were excused.
MOTION
On motion of Senator White, Senator Hobbs was excused.
MESSAGE FROM THE HOUSE
April 5, 2011
MR. PRESIDENT:
The House passed ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5000 with the following amendment(s): 5000-S2.E AMH KLIP H2512.2
On page 3, beginning on line 11, after "after" strike "a registered tow truck operator has been dispatched" and insert "the police officer contacted the police dispatcher requesting a registered tow truck operator"
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
Senator Haugen moved that the Senate concur in the House amendment(s) to Engrossed Second Substitute Senate Bill No. 5000.
Senator Haugen spoke in favor of the motion.
The President declared the question before the Senate to be the motion by Senator Haugen that the Senate concur in the House amendment(s) to Engrossed Second Substitute Senate Bill No. 5000.
MOTION
On motion of Senator Ericksen, Senators Hill, Holmquist Newbry and Roach were excused.
The motion by Senator Haugen carried and the Senate concurred in the House amendment(s) to Engrossed Second Substitute Senate Bill No. 5000 by voice vote.
The President declared the question before the Senate to be the final passage of Engrossed Second Substitute Senate Bill No. 5000, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5000, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Baumgartner, Baxter, Becker, Brown, Carrell, Chase, Conway, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom, White and Zarelli
Excused: Senators Benton, Delvin and Honeyford
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5000, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MESSAGE FROM THE HOUSE
April 9, 2011
MR. PRESIDENT:
The House passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5021 with the following amendment(s): 5021-S.E AMH SGTA H2305.1
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that timely and full disclosure of election campaign funding and expenditures is essential to a well-functioning democracy in which Washington's voters can judge for themselves what is appropriate based on ideologies, programs, and policies. Long-term voter engagement and confidence depends on the public knowing who is funding the multiple and targeted messages distributed during election campaigns.
The legislature also finds that recent events have revealed the need for refining certain elements of our state's election campaign finance laws that have proven inadequate in preventing efforts to hide information from voters. The legislature intends, therefore, to promote greater transparency for the public by enhancing penalties for violations; regulating the formation of, and contributions between, political committees; and reducing the expenditure thresholds for purposes of mandatory electronic filing and disclosure.
Sec. 2. RCW 42.17A.005 and 2010 c 204 s 101 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Actual malice" means to act with knowledge of falsity or with reckless disregard as to truth or falsity.
(2) "Agency" includes all state agencies and all local agencies. "State agency" includes every state office, department, division, bureau, board, commission, or other state agency. "Local agency" includes every county, city, town, municipal corporation, quasi- municipal corporation, or special purpose district, or any office, department, division, bureau, board, commission, or agency thereof, or other local public agency.
(3) "Authorized committee" means the political committee authorized by a candidate, or by the public official against whom recall charges have been filed, to accept contributions or make expenditures on behalf of the candidate or public official.
(4) "Ballot proposition" means any "measure" as defined by RCW 29A.04.091, or any initiative, recall, or referendum proposition proposed to be submitted to the voters of the state or any municipal corporation, political subdivision, or other voting constituency from and after the time when the proposition has been initially filed with the appropriate election officer of that constituency before its circulation for signatures.
(5) "Benefit" means a commercial, proprietary, financial, economic, or monetary advantage, or the avoidance of a commercial, proprietary, financial, economic, or monetary disadvantage.
(6) "Bona fide political party" means:
(a) An organization that has been recognized as a minor political party by the secretary of state;
(b) The governing body of the state organization of a major political party, as defined in RCW 29A.04.086, that is the body authorized by the charter or bylaws of the party to exercise authority on behalf of the state party; or
(c) The county central committee or legislative district committee of a major political party. There may be only one legislative district committee for each party in each legislative district.
(7) "Candidate" means any individual who seeks nomination for election or election to public office. An individual seeks nomination or election when he or she first:
(a) Receives contributions or makes expenditures or reserves space or facilities with intent to promote his or her candidacy for office;
(b) Announces publicly or files for office;
(c) Purchases commercial advertising space or broadcast time to promote his or her candidacy; or
(d) Gives his or her consent to another person to take on behalf of the individual any of the actions in (a) or (c) of this subsection.
(8) "Caucus political committee" means a political committee organized and maintained by the members of a major political party in the state senate or state house of representatives.
(9) "Commercial advertiser" means any person who sells the service of communicating messages or producing printed material for broadcast or distribution to the general public or segments of the general public whether through the use of newspapers, magazines, television and radio stations, billboard companies, direct mail advertising companies, printing companies, or otherwise.
(10) "Commission" means the agency established under RCW 42.17A.100.
(11) "Compensation" unless the context requires a narrower meaning, includes payment in any form for real or personal property or services of any kind. For the purpose of compliance with RCW 42.17A.710, "compensation" does not include per diem allowances or other payments made by a governmental entity to reimburse a public official for expenses incurred while the official is engaged in the official business of the governmental entity.
(12) "Continuing political committee" means a political committee that is an organization of continuing existence not established in anticipation of any particular election campaign.
(13)(a) "Contribution" includes:
(i) A loan, gift, deposit, subscription, forgiveness of indebtedness, donation, advance, pledge, payment, transfer of funds between political committees, or anything of value, including personal and professional services for less than full consideration;
(ii) An expenditure made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a political committee, the person or persons named on the candidate's or committee's registration form who direct expenditures on behalf of the candidate or committee, or their agents;
(iii) The financing by a person of the dissemination, distribution, or republication, in whole or in part, of broadcast, written, graphic, or other form of political advertising or electioneering communication prepared by a candidate, a political committee, or its authorized agent;
(iv) Sums paid for tickets to fund-raising events such as dinners and parties, except for the actual cost of the consumables furnished at the event.
(b) "Contribution" does not include:
(i) Standard interest on money deposited in a political committee's account;
(ii) Ordinary home hospitality;
(iii) A contribution received by a candidate or political committee that is returned to the contributor within five business days of the date on which it is received by the candidate or political committee;
(iv) A news item, feature, commentary, or editorial in a regularly scheduled news medium that is of primary interest to the general public, that is in a news medium controlled by a person whose business is that news medium, and that is not controlled by a candidate or a political committee;
(v) An internal political communication primarily limited to the members of or contributors to a political party organization or political committee, or to the officers, management staff, or stockholders of a corporation or similar enterprise, or to the members of a labor organization or other membership organization;
(vi) The rendering of personal services of the sort commonly performed by volunteer campaign workers, or incidental expenses personally incurred by volunteer campaign workers not in excess of fifty dollars personally paid for by the worker. "Volunteer services," for the purposes of this subsection, means services or labor for which the individual is not compensated by any person;
(vii) Messages in the form of reader boards, banners, or yard or window signs displayed on a person's own property or property occupied by a person. However, a facility used for such political advertising for which a rental charge is normally made must be reported as an in- kind contribution and counts towards any applicable contribution limit of the person providing the facility;
(viii) Legal or accounting services rendered to or on behalf of:
(A) A political party or caucus political committee if the person paying for the services is the regular employer of the person rendering such services; or
(B) A candidate or an authorized committee if the person paying for the services is the regular employer of the individual rendering the services and if the services are solely for the purpose of ensuring compliance with state election or public disclosure laws; or
(ix) The performance of ministerial functions by a person on behalf of two or more candidates or political committees either as volunteer services defined in (b)(vi) of this subsection or for payment by the candidate or political committee for whom the services are performed as long as:
(A) The person performs solely ministerial functions;
(B) A person who is paid by two or more candidates or political committees is identified by the candidates and political committees on whose behalf services are performed as part of their respective statements of organization under RCW 42.17A.205; and
(C) The person does not disclose, except as required by law, any information regarding a candidate's or committee's plans, projects, activities, or needs, or regarding a candidate's or committee's contributions or expenditures that is not already publicly available from campaign reports filed with the commission, or otherwise engage in activity that constitutes a contribution under (a)(ii) of this subsection.
A person who performs ministerial functions under this subsection (13)(b)(ix) is not considered an agent of the candidate or committee as long as he or she has no authority to authorize expenditures or make decisions on behalf of the candidate or committee.
(c) Contributions other than money or its equivalent are deemed to have a monetary value equivalent to the fair market value of the contribution. Services or property or rights furnished at less than their fair market value for the purpose of assisting any candidate or political committee are deemed a contribution. Such a contribution must be reported as an in-kind contribution at its fair market value and counts towards any applicable contribution limit of the provider.
(14) "Depository" means a bank, mutual savings bank, savings and loan association, or credit union doing business in this state.
(15) "Elected official" means any person elected at a general or special election to any public office, and any person appointed to fill a vacancy in any such office.
(16) "Election" includes any primary, general, or special election for public office and any election in which a ballot proposition is submitted to the voters. An election in which the qualifications for voting include other than those requirements set forth in Article VI, section 1 (Amendment 63) of the Constitution of the state of Washington shall not be considered an election for purposes of this chapter.
(17) "Election campaign" means any campaign in support of or in opposition to a candidate for election to public office and any campaign in support of, or in opposition to, a ballot proposition.
(18) "Election cycle" means the period beginning on the first day of January after the date of the last previous general election for the office that the candidate seeks and ending on December 31st after the next election for the office. In the case of a special election to fill a vacancy in an office, "election cycle" means the period beginning on the day the vacancy occurs and ending on December 31st after the special election.
(19)(a) "Electioneering communication" means any broadcast, cable, or satellite television or radio transmission, United States postal service mailing, billboard, newspaper, or periodical that:
(((a))) (i)
Clearly identifies a candidate for a state, local, or judicial office either by
specifically naming the candidate, or identifying the candidate without using
the candidate's name;
(((b))) (ii)
Is broadcast, transmitted, mailed, erected, distributed, or otherwise published
within sixty days before any election for that office in the jurisdiction in
which the candidate is seeking election; and
(((c))) (iii)
Either alone, or in combination with one or more communications identifying the
candidate by the same sponsor during the sixty days before an election, has a
fair market value of ((five)) one thousand dollars or more.
(((20))) (b)
"Electioneering communication" does not include:
(((a))) (i)
Usual and customary advertising of a business owned by a candidate, even if the
candidate is mentioned in the advertising when the candidate has been regularly
mentioned in that advertising appearing at least twelve months preceding his or
her becoming a candidate;
(((b))) (ii)
Advertising for candidate debates or forums when the advertising is paid for by
or on behalf of the debate or forum sponsor, so long as two or more candidates
for the same position have been invited to participate in the debate or forum;
(((c))) (iii)
A news item, feature, commentary, or editorial in a regularly scheduled news
medium that is:
(((i))) (A)
Of primary interest to the general public;
(((ii))) (B)
In a news medium controlled by a person whose business is that news medium; and
(((iii))) (C)
Not a medium controlled by a candidate or a political committee;
(((d))) (iv)
Slate cards and sample ballots;
(((e))) (v)
Advertising for books, films, dissertations, or similar works (((i))) (A)
written by a candidate when the candidate entered into a contract for such
publications or media at least twelve months before becoming a candidate, or (((ii)))
(B) written about a candidate;
(((f))) (vi)
Public service announcements;
(((g))) (vii)
A mailed internal political communication primarily limited to the members of
or contributors to a political party organization or political committee, or to
the officers, management staff, or stockholders of a corporation or similar
enterprise, or to the members of a labor organization or other membership
organization;
(((h))) (viii)
An expenditure by or contribution to the authorized committee of a candidate
for state, local, or judicial office; or
(((i))) (ix)
Any other communication exempted by the commission through rule consistent with
the intent of this chapter.
(((21))) (20)
"Expenditure" includes a payment, contribution, subscription,
distribution, loan, advance, deposit, or gift of money or anything of value,
and includes a contract, promise, or agreement, whether or not legally
enforceable, to make an expenditure. "Expenditure" also includes a
promise to pay, a payment, or a transfer of anything of value in exchange for
goods, services, property, facilities, or anything of value for the purpose of
assisting, benefiting, or honoring any public official or candidate, or
assisting in furthering or opposing any election campaign. For the purposes of
this chapter, agreements to make expenditures, contracts, and promises to pay
may be reported as estimated obligations until actual payment is made.
"Expenditure" shall not include the partial or complete repayment by
a candidate or political committee of the principal of a loan, the receipt of
which loan has been properly reported.
(((22))) (21)
"Final report" means the report described as a final report in RCW
42.17A.235(2).
(((23))) (22)
"General election" for the purposes of RCW 42.17A.405 means the
election that results in the election of a person to a state or local office.
It does not include a primary.
(((24))) (23)
"Gift" has the definition in RCW 42.52.010.
(((25))) (24)
"Immediate family" includes the spouse or domestic partner, dependent
children, and other dependent relatives, if living in the household. For the
purposes of the definition of "intermediary" in this section,
"immediate family" means an individual's spouse or domestic partner,
and child, stepchild, grandchild, parent, stepparent, grandparent, brother,
half brother, sister, or half sister of the individual and the spouse or the
domestic partner of any such person and a child, stepchild, grandchild, parent,
stepparent, grandparent, brother, half brother, sister, or half sister of the
individual's spouse or domestic partner and the spouse or the domestic partner
of any such person.
(((26))) (25)
"Incumbent" means a person who is in present possession of an elected
office.
(((27))) (26)
"Independent expenditure" means an expenditure that has each of the
following elements:
(a) It is made in support of or in opposition to a candidate for office by a person who is not (i) a candidate for that office, (ii) an authorized committee of that candidate for that office, (iii) a person who has received the candidate's encouragement or approval to make the expenditure, if the expenditure pays in whole or in part for political advertising supporting that candidate or promoting the defeat of any other candidate or candidates for that office, or (iv) a person with whom the candidate has collaborated for the purpose of making the expenditure, if the expenditure pays in whole or in part for political advertising supporting that candidate or promoting the defeat of any other candidate or candidates for that office;
(b) The expenditure pays in whole or in part for political advertising that either specifically names the candidate supported or opposed, or clearly and beyond any doubt identifies the candidate without using the candidate's name; and
(c) The expenditure, alone or in conjunction with another expenditure or other expenditures of the same person in support of or opposition to that candidate, has a value of eight hundred dollars or more. A series of expenditures, each of which is under eight hundred dollars, constitutes one independent expenditure if their cumulative value is eight hundred dollars or more.
(((28))) (27)(a)
"Intermediary" means an individual who transmits a contribution to a
candidate or committee from another person unless the contribution is from the
individual's employer, immediate family, or an association to which the
individual belongs.
(b) A treasurer or a candidate is not an intermediary for purposes of the committee that the treasurer or candidate serves.
(c) A professional fund-raiser is not an intermediary if the fund- raiser is compensated for fund-raising services at the usual and customary rate.
(d) A volunteer hosting a fund-raising event at the individual's home is not an intermediary for purposes of that event.
(((29))) (28)
"Legislation" means bills, resolutions, motions, amendments,
nominations, and other matters pending or proposed in either house of the state
legislature, and includes any other matter that may be the subject of action by
either house or any committee of the legislature and all bills and resolutions
that, having passed both houses, are pending approval by the governor.
(((30))) (29)
"Legislative office" means the office of a member of the state house
of representatives or the office of a member of the state senate.
(((31))) (30)
"Lobby" and "lobbying" each mean attempting to influence
the passage or defeat of any legislation by the legislature of the state of
Washington, or the adoption or rejection of any rule, standard, rate, or other
legislative enactment of any state agency under the state administrative
procedure act, chapter 34.05 RCW. Neither "lobby" nor
"lobbying" includes an association's or other organization's act of
communicating with the members of that association or organization.
(((32))) (31)
"Lobbyist" includes any person who lobbies either in his or her own
or another's behalf.
(((33))) (32)
"Lobbyist's employer" means the person or persons by whom a lobbyist
is employed and all persons by whom he or she is compensated for acting as a
lobbyist.
(((34))) (33)
"Ministerial functions" means an act or duty carried out as part of
the duties of an administrative office without exercise of personal judgment or
discretion.
(((35))) (34)
"Participate" means that, with respect to a particular election, an
entity:
(a) Makes either a monetary or in-kind contribution to a candidate;
(b) Makes an independent expenditure or electioneering communication in support of or opposition to a candidate;
(c) Endorses a candidate before contributions are made by a subsidiary corporation or local unit with respect to that candidate or that candidate's opponent;
(d) Makes a recommendation regarding whether a candidate should be supported or opposed before a contribution is made by a subsidiary corporation or local unit with respect to that candidate or that candidate's opponent; or
(e) Directly or indirectly collaborates or consults with a subsidiary corporation or local unit on matters relating to the support of or opposition to a candidate, including, but not limited to, the amount of a contribution, when a contribution should be given, and what assistance, services or independent expenditures, or electioneering communications, if any, will be made or should be made in support of or opposition to a candidate.
(((36))) (35)
"Person" includes an individual, partnership, joint venture, public
or private corporation, association, federal, state, or local governmental
entity or agency however constituted, candidate, committee, political
committee, political party, executive committee thereof, or any other
organization or group of persons, however organized.
(((37))) (36)
"Political advertising" includes any advertising displays, newspaper
ads, billboards, signs, brochures, articles, tabloids, flyers, letters, radio
or television presentations, or other means of mass communication, used for the
purpose of appealing, directly or indirectly, for votes or for financial or
other support or opposition in any election campaign.
(((38))) (37)
"Political committee" means any person (except a candidate or an
individual dealing with his or her own funds or property) having the
expectation of receiving contributions or making expenditures in support of, or
opposition to, any candidate or any ballot proposition.
(((39))) (38)
"Primary" for the purposes of RCW 42.17A.405 means the procedure for
nominating a candidate to state or local office under chapter 29A.52 RCW or any
other primary for an election that uses, in large measure, the procedures
established in chapter 29A.52 RCW.
(((40))) (39)
"Public office" means any federal, state, judicial, county, city,
town, school district, port district, special district, or other state
political subdivision elective office.
(((41))) (40)
"Public record" has the definition in RCW 42.56.010.
(((42))) (41)
"Recall campaign" means the period of time beginning on the date of
the filing of recall charges under RCW 29A.56.120 and ending thirty days after
the recall election.
(((43))) (42)(a)
"Sponsor" for purposes of an electioneering communications,
independent expenditures, or political advertising((")) means the
person paying for the electioneering communication, independent expenditure, or
political advertising. If a person acts as an agent for another or is
reimbursed by another for the payment, the original source of the payment is
the sponsor.
(b) "Sponsor," for
purposes of a political committee, means any person, except an authorized
committee, to whom any of the following applies:
(i) The committee receives eighty percent or more of its contributions either
from the person or from the person's members, officers, employees, or
shareholders;
(ii) The person collects contributions for the committee by use of
payroll deductions or dues from its members, officers, or employees.
(43) "Sponsored committee" means a committee, other than an
authorized committee, that has one or more sponsors.
(44) "State office" means state legislative office or the office of governor, lieutenant governor, secretary of state, attorney general, commissioner of public lands, insurance commissioner, superintendent of public instruction, state auditor, or state treasurer.
(45) "State official" means a person who holds a state office.
(46) "Surplus funds" mean, in the case of a political committee or candidate, the balance of contributions that remain in the possession or control of that committee or candidate subsequent to the election for which the contributions were received, and that are in excess of the amount necessary to pay remaining debts incurred by the committee or candidate with respect to that election. In the case of a continuing political committee, "surplus funds" mean those contributions remaining in the possession or control of the committee that are in excess of the amount necessary to pay all remaining debts when it makes its final report under RCW 42.17A.255.
(47) "Treasurer" and "deputy treasurer" mean the individuals appointed by a candidate or political committee, pursuant to RCW 42.17A.210, to perform the duties specified in that section.
Sec. 3. RCW 42.17A.205 and 2010 c 205 s 1 and 2010 c 204 s 402 are each reenacted and amended to read as follows:
(1) Every political committee shall file a statement of organization with the commission. The statement must be filed within two weeks after organization or within two weeks after the date the committee first has the expectation of receiving contributions or making expenditures in any election campaign, whichever is earlier. A political committee organized within the last three weeks before an election and having the expectation of receiving contributions or making expenditures during and for that election campaign shall file a statement of organization within three business days after its organization or when it first has the expectation of receiving contributions or making expenditures in the election campaign.
(2) The statement of organization shall include but not be limited to:
(a) The name and address of the committee;
(b) The names and addresses of all related or affiliated committees or other persons, and the nature of the relationship or affiliation;
(c) The names, addresses, and titles of its officers; or if it has no officers, the names, addresses, and titles of its responsible leaders;
(d) The name and address of its treasurer and depository;
(e) A statement whether the committee is a continuing one;
(f) The name, office sought, and party affiliation of each candidate whom the committee is supporting or opposing, and, if the committee is supporting the entire ticket of any party, the name of the party;
(g) The ballot proposition concerned, if any, and whether the committee is in favor of or opposed to such proposition;
(h) What distribution of surplus funds will be made, in accordance with RCW 42.17A.430, in the event of dissolution;
(i) The street address of the place and the hours during which the committee will make available for public inspection its books of account and all reports filed in accordance with RCW 42.17A.235;
(j) Such other information as the commission may by regulation prescribe, in keeping with the policies and purposes of this chapter;
(k) The name, address, and title of any person who authorizes expenditures or makes decisions on behalf of the candidate or committee; and
(l) The name, address, and title of any person who is paid by or is a volunteer for a candidate or political committee to perform ministerial functions and who performs ministerial functions on behalf of two or more candidates or committees.
(3) No two political
committees may have the same name.
(4) Any material change in information previously submitted in a
statement of organization shall be reported to the commission within the ten
days following the change.
(5) As used in this section, the "name" of a sponsored committee must include the name of the person that is the sponsor of the committee. If more than one person meets the definition of sponsor, the name of the committee must include the name of at least one sponsor, but may include the names of other sponsors. A person may sponsor only one political committee for the same elected office or same ballot measure per election cycle.
Sec. 4. RCW 42.17A.245 and 2010 c 204 s 410 are each amended to read as follows:
(1) Each candidate or
political committee that expended ((ten)) five thousand dollars
or more in the preceding year or expects to expend ((ten)) five
thousand dollars or more in the current year shall file all contribution reports
and expenditure reports required by this chapter by the electronic alternative
provided by the commission under RCW 42.17A.055. The commission may make
exceptions on a case-by-case basis for candidates whose authorized committees
lack the technological ability to file reports using the electronic alternative
provided by the commission.
(2) Failure by a candidate or political committee to comply with this section is a violation of this chapter.
NEW SECTION. Sec. 5. A new section is added to chapter 42.17A RCW to read as follows:
A political committee may make a contribution to another political committee only when the contributing political committee has received contributions of ten dollars or more each from at least ten persons registered to vote in Washington state.
Sec. 6. RCW 42.17A.750 and 2010 c 204 s 1001 are each amended to read as follows:
(1) In addition to the penalties in subsection (2) of this section, and any other remedies provided by law, one or more of the following civil remedies and sanctions may be imposed by court order in addition to any other remedies provided by law:
(((1))) (a)
If the court finds that the violation of any provision of this chapter by any
candidate or political committee probably affected the outcome of any election,
the result of that election may be held void and a special election held within
sixty days of the finding. Any action to void an election shall be commenced
within one year of the date of the election in question. It is intended that
this remedy be imposed freely in all appropriate cases to protect the right of
the electorate to an informed and knowledgeable vote.
(((2))) (b)
If any lobbyist or sponsor of any grass roots lobbying campaign violates any of
the provisions of this chapter, his or her registration may be revoked or
suspended and he or she may be enjoined from receiving compensation or making
expenditures for lobbying. The imposition of a sanction shall not excuse the
lobbyist from filing statements and reports required by this chapter.
(((3))) (c)
A person who violates any of the provisions of this chapter may be subject to a
civil penalty of not more than ten thousand dollars for each violation.
However, a person or entity who violates RCW 42.17A.405 may be subject to a
civil penalty of ten thousand dollars or three times the amount of the
contribution illegally made or accepted, whichever is greater.
(((4))) (d)
A person who fails to file a properly completed statement or report within the
time required by this chapter may be subject to a civil penalty of ten dollars
per day for each day each delinquency continues.
(((5))) (e)
A person who fails to report a contribution or expenditure as required by this
chapter may be subject to a civil penalty equivalent to the amount not reported
as required.
(((6))) (f)
The court may enjoin any person to prevent the doing of any act herein
prohibited, or to compel the performance of any act required herein.
(2) The commission may refer
the following violations for criminal prosecution:
(a) A person who, with actual malice, violates a provision of this
chapter is guilty of a misdemeanor under chapter 9.92 RCW;
(b) A person who, within a five-year period, with actual malice, violates
three or more provisions of this chapter is guilty of a gross misdemeanor under
chapter 9.92 RCW; and
(c) A person who, with actual malice, procures or offers any false or
forged document to be filed, registered, or recorded with the commission under
this chapter is guilty of a class C felony under chapter 9.94A RCW.
Sec. 7. RCW 42.17A.755 and 2010 c 204 s 1002 are each amended to read as follows:
(1) The commission may (a) determine whether an actual violation of this chapter has occurred; and (b) issue and enforce an appropriate order following such a determination.
(2) The commission, in cases where it chooses to determine whether an actual violation has occurred, shall hold a hearing pursuant to the administrative procedure act, chapter 34.05 RCW, to make a determination. Any order that the commission issues under this section shall be pursuant to such a hearing.
(3) In lieu of holding a hearing or issuing an order under this section, the commission may refer the matter to the attorney general or other enforcement agency as provided in RCW 42.17A.105.
(4) The person against
whom an order is directed under this section shall be designated as the
respondent. The order may require the respondent to cease and desist from the
activity that constitutes a violation and in addition, or alternatively, may
impose one or more of the remedies provided in RCW 42.17A.750 (((2) through
(5))) (1) (b) through (e). ((No individual penalty assessed by
the commission may exceed one thousand seven hundred dollars, and in any case
where multiple violations are involved in a single complaint or hearing, the
maximum aggregate penalty may not exceed four thousand two hundred)) The
commission may assess a penalty in an amount not to exceed ten thousand
dollars.
(5) The commission has
the authority to waive a fine for a first- time violation. A second violation
of the same rule by the same person or individual, regardless if the person or
individual committed the violation for a different political committee, shall
result in a fine. Succeeding violations of the same rule shall result in
successively increased fines.
(6) An order issued by the commission under this section shall be subject
to judicial review under the administrative procedure act, chapter 34.05 RCW.
If the commission's order is not satisfied and no petition for review is filed
within thirty days, the commission may petition a court of competent
jurisdiction of any county in which a petition for review could be filed under
that section, for an order of enforcement. Proceedings in connection with the
commission's petition shall be in accordance with RCW 42.17A.760.
NEW SECTION. Sec. 8. This act takes effect January 1, 2012.
NEW SECTION. Sec. 9. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."
Correct the title.
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
Senator Pridemore moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5021
Senators Pridemore and Swecker spoke in favor of passage of the motion.
The President declared the question before the Senate to be the motion by Senator Pridemore that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5021.
The motion by Senator Pridemore carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 5021 by voice vote.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5021, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5021, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Baumgartner, Baxter, Becker, Brown, Carrell, Chase, Conway, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom, White and Zarelli
Excused: Senators Benton, Delvin and Honeyford
ENGROSSED SUBSTITUTE SENATE BILL NO. 5021, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MESSAGE FROM THE HOUSE
April 5, 2011
MR. PRESIDENT:
The House passed SECOND SUBSTITUTE SENATE BILL NO. 5034 with the following amendment(s): 5034-S2 AMH ENVI H2155.2
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature recognizes the critical importance of infrastructure to the development of industrial, commercial, and residential properties and finds that infill development is often limited by the lack of infrastructure. The legislature further finds that in many areas, public funding to extend infrastructure is not available. It is the purpose of this act to allow private utilities to provide infrastructure needed for economic development in a manner that minimizes development sprawl.
Sec. 2. RCW 80.04.010 and 1995 c 243 s 2 are each amended to read as follows:
As used in this title, unless specifically defined otherwise or unless the context indicates otherwise:
(1) "Automatic location identification" means a system by which information about a caller's location, including the seven-digit number or ten-digit number used to place a 911 call or a different seven-digit number or ten-digit number to which a return call can be made from the public switched network, is forwarded to a public safety answering point for display.
(2) "Automatic number identification" means a system that allows for the automatic display of the seven-digit or ten-digit number used to place a 911 call.
(3) "Commission" means the utilities and transportation commission.
(4) "Commissioner" means one of the members of such commission.
(5) "Competitive telecommunications company" means a telecommunications company which has been classified as such by the commission pursuant to RCW 80.36.320.
(6) "Competitive telecommunications service" means a service which has been classified as such by the commission pursuant to RCW 80.36.330.
(7) "Corporation" includes a corporation, company, association or joint stock association.
(8) "Person" includes an individual, a firm or partnership.
(9) "Gas plant" includes all real estate, fixtures and personal property, owned, leased, controlled, used or to be used for or in connection with the transmission, distribution, sale or furnishing of natural gas, or the manufacture, transmission, distribution, sale or furnishing of other type gas, for light, heat or power.
(10) "Gas company" includes every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receiver appointed by any court whatsoever, and every city or town, owning, controlling, operating or managing any gas plant within this state.
(11) "Electric plant" includes all real estate, fixtures and personal property operated, owned, used or to be used for or in connection with or to facilitate the generation, transmission, distribution, sale or furnishing of electricity for light, heat, or power for hire; and any conduits, ducts or other devices, materials, apparatus or property for containing, holding or carrying conductors used or to be used for the transmission of electricity for light, heat or power.
(12) "Electrical company" includes any corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever (other than a railroad or street railroad company generating electricity solely for railroad or street railroad purposes or for the use of its tenants and not for sale to others), and every city or town owning, operating or managing any electric plant for hire within this state. "Electrical company" does not include a company or person employing a cogeneration facility solely for the generation of electricity for its own use or the use of its tenants or for sale to an electrical company, state or local public agency, municipal corporation, or quasi municipal corporation engaged in the sale or distribution of electrical energy, but not for sale to others, unless such company or person is otherwise an electrical company.
(13) "LATA" means a local access transport area as defined by the commission in conformance with applicable federal law.
(14) "Private telecommunications system" means a telecommunications system controlled by a person or entity for the sole and exclusive use of such person, entity, or affiliate thereof, including the provision of private shared telecommunications services by such person or entity. "Private telecommunications system" does not include a system offered for hire, sale, or resale to the general public.
(15) "Private shared telecommunications services" includes the provision of telecommunications and information management services and equipment within a user group located in discrete private premises in building complexes, campuses, or high-rise buildings, by a commercial shared services provider or by a user association, through privately owned customer premises equipment and associated data processing and information management services and includes the provision of connections to the facilities of a local exchange and to interexchange telecommunications companies.
(16) "Private switch automatic location identification service" means a service that enables automatic location identification to be provided to a public safety answering point for 911 calls originating from station lines served by a private switch system.
(17) "Radio communications service company" includes every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court, and every city or town making available facilities to provide radio communications service, radio paging, or cellular communications service for hire, sale, or resale.
(18) "Telecommunications company" includes every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, and every city or town owning, operating or managing any facilities used to provide telecommunications for hire, sale, or resale to the general public within this state.
(19) "Noncompetitive telecommunications service" means any service which has not been classified as competitive by the commission.
(20) "Facilities" means lines, conduits, ducts, poles, wires, cables, cross-arms, receivers, transmitters, instruments, machines, appliances, instrumentalities and all devices, real estate, easements, apparatus, property and routes used, operated, owned or controlled by any telecommunications company to facilitate the provision of telecommunications service.
(21) "Telecommunications" is the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. As used in this definition, "information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols.
(22) "Water system" includes all real estate, easements, fixtures, personal property, dams, dikes, head gates, weirs, canals, reservoirs, flumes or other structures or appliances operated, owned, used or to be used for or in connection with or to facilitate the supply, storage, distribution, sale, furnishing, diversion, carriage, apportionment or measurement of water for power, irrigation, reclamation, manufacturing, municipal, domestic or other beneficial uses for hire.
(23)(a) "Water company" includes every corporation,
company, association, joint stock association, partnership and person, their
lessees, trustees or receivers appointed by any court whatsoever, and every
city or town owning, controlling, operating, or managing any water system for
hire within this state((: PROVIDED, That)).
(b) For purposes of commission jurisdiction ((it shall)),
"water company" does not include any water system serving less
than one hundred customers where the average annual gross revenue per customer
does not exceed three hundred dollars per year, which revenue figure may be
increased annually by the commission by rule adopted pursuant to chapter 34.05
RCW to reflect the rate of inflation as determined by the implicit price
deflator of the United States department of commerce((: AND PROVIDED
FURTHER, That such)). The measurement of customers or revenues ((shall))
must include all portions of water companies having common ownership or
control, regardless of location or corporate designation.
(c) "Control" ((as used herein shall be))
is defined by the commission by rule and ((shall)) does
not include management by a satellite agency as defined in chapter 70.116 RCW
if the satellite agency is not an owner of the water company.
(d) "Water company" also includes, for auditing
purposes only, nonmunicipal water systems which are referred to the commission
pursuant to an administrative order from the department, or the city or county
as provided in RCW 80.04.110. ((However,))
(e) Water companies exempt from commission regulation ((shall
be)) are subject to the provisions of chapter 19.86 RCW. A water
company cannot be removed from regulation except with the approval of the
commission. Water companies subject to regulation may petition the commission
for removal from regulation if the number of customers falls below one hundred
or the average annual revenue per customer falls below three hundred dollars.
The commission is authorized to maintain continued regulation if it finds that
the public interest so requires.
(24) "Cogeneration facility" means any machinery, equipment, structure, process, or property, or any part thereof, installed or acquired for the primary purpose of the sequential generation of electrical or mechanical power and useful heat from the same primary energy source or fuel.
(25) "Public service company" includes every gas company, electrical company, telecommunications company, wastewater company, and water company. Ownership or operation of a cogeneration facility does not, by itself, make a company or person a public service company.
(26) "Local exchange company" means a telecommunications company providing local exchange telecommunications service.
(27) "Department" means the department of health.
((The term)) (28)
"Service" is used in this title in its broadest and most
inclusive sense.
(29)(a) "Wastewater
company" means a corporation, company, association, joint stock association,
partnership and person, their lessees, trustees, or receivers that owns or
proposes to develop and own a system of sewerage that is designed for a peak
flow of twenty- seven thousand to one hundred thousand gallons per day if
treatment is by a large on-site sewerage system, or to serve one hundred or
more customers.
(b) For purposes of commission jurisdiction, wastewater company does not
include: (i) Municipal, county, or other publicly owned systems of sewerage;
or (ii) wastewater company service to customers outside of an urban growth area
as defined in RCW 36.70A.030.
(30) "System of sewerage" means collection, treatment, and
disposal facilities and services for sewerage, or storm or surface water run-
off.
NEW SECTION. Sec. 3. A new section is added to chapter 80.28 RCW to read as follows:
(1) A wastewater company may not own or develop a system of sewerage for the purpose of providing service for compensation without first having obtained from the commission a certificate declaring that the public convenience and necessity requires such service.
(2) Issuance of the certificate of public convenience and necessity must be determined on, but not limited to, the following factors:
(a) A comprehensive business plan detailing the design, construction, operation, and maintenance of the proposed service system;
(b) Demonstration of sufficient financial resources to properly operate and maintain the proposed system, and to replace and upgrade capital assets;
(c) The need to develop a new stand alone system instead of connecting to an existing system;
(d) A statement of prior experience, if any, in such field by the petitioner, set out in an affidavit or declaration;
(e) A certification from the municipal corporation that it is not willing and able to provide the sewerage services being proposed; and
(f) A certification from the municipal corporation that the company's proposed service is consistent with the locally approved general sewer plan.
(3) The commission may, after providing notice and an opportunity for public comment, issue certificates, or for good cause shown refuse to issue them, or issue them for the partial exercise only of the privilege sought, and may attach to the exercise of the rights granted such terms and conditions as, in its judgment, the public convenience and necessity may require.
(4) No certificate may be transferred to any private or nonprofit entity unless authorized by the commission.
(5)(a) Prior to the commission approving a wastewater company to provide new service or extend existing service, the wastewater company must file and continuously maintain in effect, a bond, or equivalent surety as determined by the commission, with the commission to ensure that there are sufficient funds to:
(i) Design, construct, operate, and maintain the proposed system;
(ii) Replace and upgrade capital assets as required by federal or state law or by order of the department of health or department of ecology; and
(iii) Allow additional connections to the system, if approved by the department of health or the department of ecology.
(b) The bond, or its equivalent surety, is payable under this section to the commission upon:
(i) An order under section 5 of this act to transfer a system or systems of sewerage to a capable wastewater company;
(ii) Notice that the wastewater company does not intend to renew the bond or its equivalent surety or has failed to renew the bond or its equivalent surety; or
(iii) A petition by the commission under section 6, 13, or 14 of this act to place a wastewater company in receivership.
(c) The commission must hold the payment in trust until an acquiring wastewater company is designated under section 5 of this act or a receiving entity is designated under section 6, 13, or 14 of this act, at which point the funds will be made available to the company or entity to expend as directed by the commission.
(6) For purposes of issuing certificates under this chapter, the commission may adopt rules to implement this section.
(7) A wastewater company must obtain commission approval before expanding an existing system beyond the approved capacity set forth in its certificate or acquiring new systems, either by construction or purchase.
NEW SECTION. Sec. 4. A new section is added to chapter 80.04 RCW to read as follows:
(1) Every wastewater company subject to regulation by the commission must, on or before the date specified by the commission for filing annual reports under RCW 80.04.080, pay to the commission a regulatory fee.
(2) The commission must assess such regulatory fees in amounts sufficient for the commission to recover the commission's actual and reasonable costs of supervising and regulating wastewater companies.
(3) Any payment of a fee assessed under this section made after the due date must include a late fee of two percent of the amount due.
(4) Delinquent fees accrue interest at the rate of one percent per month.
(5) The provisions of RCW 80.04.030, 80.04.040, and 80.04.050 apply to regulatory fees for wastewater companies.
(6) The commission is authorized and empowered to adopt and issue rules and regulations to implement this section, including establishing the methodologies and procedures for developing, assessing, and collecting fees under this section.
NEW SECTION. Sec. 5. A new section is added to chapter 80.28 RCW to read as follows:
(1) If the commission determines, after providing notice and opportunity for a hearing in the manner required for complaints under RCW 80.04.110, that a wastewater company is unfit to provide wastewater service on any system of sewerage, under its ownership, the commission may order the transfer of any such system or systems to a capable wastewater company.
(2) In determining whether a wastewater company is unfit to provide wastewater service on a system of sewerage in consultation with the department of health or the department of ecology as appropriate to the agencies' jurisdiction, the commission may consider the company's technical and managerial expertise to operate the system of sewerage, the company's financial soundness and the company's willingness and ability to make ongoing investments necessary to maintain compliance with statutory and regulatory standards for the safety, adequacy, efficiency, and reasonableness of the service provided.
(3) Before ordering the transfer of a system of sewerage owned by a wastewater company that is unfit to provide service, the commission must first determine that:
(a) Alternatives to the transfer are impractical or not economically feasible;
(b) The acquiring wastewater company is willing and able to acquire the system or systems of sewerage, financially sound, and has the technical and managerial expertise to own and operate the system or systems of sewerage in compliance with applicable statutory and regulatory standards; and
(c) Rates paid by existing customers served by the acquiring wastewater company will not increase unreasonably because of the acquisition of the system of sewerage or because of expenditures that may be necessary to assure compliance with applicable statutory and regulatory standards for the safety, adequacy, efficiency, and reasonableness of the service provided.
(4) The sale price for the unfit wastewater company's system or systems of sewerage assets must be determined by agreement between the unfit wastewater company and the acquiring capable wastewater company subject to a finding by the commission that the agreed price is reasonable. A price is deemed reasonable if it does not exceed the original cost of plant in service, minus accumulated depreciation, minus contributions in aid to construction. If the unfit wastewater company and the acquiring capable wastewater company are unable to agree on the sale price or the commission finds that the agreed sale price is not reasonable, the acquiring capable wastewater company may initiate a condemnation proceeding in superior court in the manner provided by chapter 8.04 RCW to determine the compensation to be paid by the acquiring capable wastewater company for the failed system or systems of sewerage assets.
(5) The capable wastewater company acquiring an unfit wastewater company's system or systems shall have the same immunity from liability as wastewater companies assuming substandard systems as set forth in RCW 80.28.275.
(6) The commission must provide copies of the notice required by subsection (1) of this section to the department of health or the department of ecology, as appropriate to the agencies' jurisdiction, and all proximate public entities providing wastewater utility service.
(7) Any capable wastewater company approved by the commission to acquire the system or systems of sewerage of an unfit wastewater company must submit to the commission, for approval, a financial plan, including a timetable, for bringing the acquired system of sewerage assets into compliance with applicable statutory and regulatory standards. The acquiring capable wastewater company must also provide a copy of the plan to the department of health or the department of ecology, as appropriate to the agencies' jurisdiction, and other state or local agency as the commission may direct. The commission must give the department of health or the department of ecology, as appropriate to the agencies' jurisdiction, adequate opportunity to comment on the plan and must consider any comments submitted in deciding whether or not to approve the plan.
(8) The legislature grants to any private entity the power of eminent domain, for exercise only under the circumstances described in this section. However, a private entity must obtain authorization from the city, town, or county with jurisdiction over the subject property after the legislative authority of the city, town, or county has passed an ordinance requiring that property be taken for public use. This subsection does not limit eminent domain authority granted by any other provision of law.
NEW SECTION. Sec. 6. A new section is added to chapter 80.28 RCW to read as follows:
(1) The commission may petition the Thurston county superior court pursuant to chapter 7.60 RCW to place a wastewater company in receivership. The petition must include the names of one or more qualified candidates for receiver who have consented to assume operation of the system of sewerage. The petition must also include a list of interested and qualified individuals, municipal corporations, and wastewater companies with experience in providing wastewater service and a history of satisfactory operation of a system of sewerage. If no other entity is willing and able to be appointed as the receiver, the court must appoint the county or other municipal corporation whose geographic boundaries include, in whole or in part, the system of sewerage at issue. The municipal corporation may designate one of its agencies or divisions to operate the system, or it may contract with another entity to operate the system. The department of health or department of ecology, whichever has jurisdiction, must provide regulatory oversight for managing the system of sewerage.
(2) In any petition for receivership under subsection (1) of this section, the commission must recommend that the court grant the receiver full authority to act in the best interests of the customers served by the system of sewerage. The receiver must assess the capability, in conjunction with the department of health or ecology, whichever has jurisdiction, and local government, for the system to operate in compliance with health and safety standards. The receiver must report to the court and the commission its recommendations for the company's future operation of the system, including the formation of a water-sewer district or other public entity, or ownership by another existing wastewater company capable of providing service.
(3) If a petition for receivership and verifying affidavit executed by an appropriate official allege an immediate and serious danger to residents constituting an emergency, the court must set the matter for hearing within three days and may appoint a temporary receiver ex parte upon the strength of such petition and affidavit pending a full evidentiary hearing, which must be held within fourteen days after receipt of the petition.
(4) If the court imposes a bond upon a receiver, the amount must reasonably relate to the level of operating revenue generated by, and the capital value of, the wastewater company. Any receiver appointed pursuant to this section may not be held personally liable for any good faith, reasonable effort to assume possession of, and to operate, the system in compliance with the court's orders, subject to the provisions of law governing clean water as referenced by the commission by rule.
(5) The court must authorize the receiver to impose reasonable assessments on the customers of the system of sewerage to recover expenditures for improvements necessary for the public health and safety.
(6) The commission must develop a plan for transfer of the system of sewerage to a new operator and submit its plan to the court. The commission must develop the plan after notice to, and an opportunity to participate by, the receiver, the municipal corporations whose geographic boundaries, in whole or in part, include the system of sewerage at issue, and the public. The commission must complete the plan no later than twelve months after appointment of a receiver.
(a) If the commission finds that no private entity is able or willing to take over the system of sewerage and decides the system of sewerage should be taken over by a municipal corporation whose geographic boundaries include the system of sewerage at issue, in whole or in part, the commission must provide its findings to the court and the court may issue an order to that effect. If the court orders a municipal corporation to take over the system of sewerage, the municipal corporation must promptly institute negotiations to purchase the system. If, within six months of the court's order, the negotiations fail or otherwise do not result in a purchase, the municipal corporation must promptly initiate a condemnation proceeding to acquire the system. The court must terminate the receivership once the purchase is complete.
(b) If the commission decides the system of sewerage should be taken over by a private entity, such as an individual or business, the commission must provide its findings to the court and the court may issue an order to that effect. If the court orders a private entity to take over the system of sewerage, the private entity must promptly institute negotiations to purchase the system. If, within six months of the court's order, the negotiations fail or otherwise do not result in a purchase, the private entity must promptly exercise its power of eminent domain granted by the legislature in subsection (9) of this section to acquire the system. The court must terminate the receivership once the purchase is complete.
(7) Other than pursuant to subsection (6)(a) and (b) of this section, the court may not terminate the receivership, and order the return of the system to the owners, unless the commission approves that action. The court may impose reasonable conditions upon the return of the system to the owner, including the posting of a bond or other security, routine performance and financial audits, employment of qualified operators and other staff or contracted services, compliance with financial viability requirements, or other measures sufficient to ensure the ongoing proper operation of the system.
(8) If, as part of the ultimate disposition of the system, a condemnation proceeding is commenced to acquire the system of sewerage, the court shall oversee any appraisal of the system conducted under Title 7 RCW to assure that the appraised value properly reflects any reduced value because of the necessity to make improvements to the system. The court has the authority to approve the appraisal and to modify the appraisal based on any information provided at an evidentiary hearing. The court's determination of the proper value of the system, based on the appraisal, is final and only appealable if not supported by substantial evidence. If the appraised value is appealed, the court may order the system's ownership to be transferred upon payment of the approved appraised value.
(9) The legislature grants any municipal corporation, and any private entity the power of eminent domain under the circumstances described in this section. However, a private entity must obtain authorization from the city, town, or county with jurisdiction over the subject property after the legislative authority of the city, town, or county has passed an ordinance requiring that property be taken for public use. This subsection does not limit eminent domain authority granted by any other provision of law.
Sec. 7. RCW 80.04.110 and 1995 c 376 s 12 are each amended to read as follows:
(1)(a) Complaint
may be made by the commission of its own motion or by any person or
corporation, chamber of commerce, board of trade, or any commercial,
mercantile, agricultural or manufacturing society, or any body politic or
municipal corporation, or by the public counsel section of the office of the
attorney general, or its successor, by petition or complaint in writing,
setting forth any act or thing done or omitted to be done by any public service
corporation in violation, or claimed to be in violation, of any provision of ((law))
this title, Title 81 RCW, or of any order or rule of the commission((:
PROVIDED, That)).
(b) No complaint ((shall)) may be entertained by the
commission except upon its own motion, as to the reasonableness of the schedule
of the rates or charges of any gas company, electrical company, water company, wastewater
company, or telecommunications company, unless the same be signed by the
mayor, council or commission of the city or town in which the company
complained of is engaged in business, or not less than twenty-five consumers or
purchasers of such gas, electricity, water, wastewater company services,
or telecommunications service, or at least twenty-five percent of the consumers
or purchasers of the company's service((: PROVIDED, FURTHER, That)).
(c) When two or more public service corporations, (meaning to
exclude municipal and other public corporations) are engaged in competition in
any locality or localities in the state, either may make complaint against the
other or others that the rates, charges, rules, regulations or practices of
such other or others with or in respect to which the complainant is in
competition, are unreasonable, unremunerative, discriminatory, illegal, unfair
or intending or tending to oppress the complainant, to stifle competition, or
to create or encourage the creation of monopoly, and upon such complaint or
upon complaint of the commission upon its own motion, the commission ((shall
have)) has power, after notice and hearing as in other cases, to, by
its order, subject to appeal as in other cases, correct the abuse complained of
by establishing such uniform rates, charges, rules, regulations or practices in
lieu of those complained of, to be observed by all of such competing public
service corporations in the locality or localities specified as ((shall be))
is found reasonable, remunerative, nondiscriminatory, legal, and fair or
tending to prevent oppression or monopoly or to encourage competition, and upon
any such hearing it ((shall be)) is proper for the commission to
take into consideration the rates, charges, rules, regulations and practices of
the public service corporation or corporations complained of in any other
locality or localities in the state.
(2) All matters upon
which complaint may be founded may be joined in one hearing, and no motion ((shall))
may be entertained against a complaint for misjoinder of complaints or
grievances or misjoinder of parties; and in any review of the courts of orders
of the commission the same rule shall apply and pertain with regard to the
joinder of complaints and parties as herein provided((: PROVIDED,)).
However, all grievances to be inquired into ((shall)) must be
plainly set forth in the complaint. No complaint ((shall)) may be
dismissed because of the absence of direct damage to the complainant.
(3) Upon the filing of a
complaint, the commission shall cause a copy thereof to be served upon the
person or corporation complained of, which ((shall)) must be
accompanied by a notice fixing the time when and place where a hearing will be
had upon such complaint. The time fixed for such hearing ((shall)) may
not be less than ten days after the date of the service of such notice and
complaint, excepting as herein provided. The commission shall enter its final
order with respect to a complaint filed by any entity or person other than the
commission within ten months from the date of filing of the complaint, unless
the date is extended for cause. Rules of practice and procedure not otherwise
provided for in this title may be prescribed by the commission. Such rules may
include the requirement that a complainant use informal processes before filing
a formal complaint.
(4)(a) The
commission ((shall)) may, as appropriate, audit a nonmunicipal
water system upon receipt of an administrative order from the department, or
the city or county in which the water system is located, finding that the water
delivered by a system does not meet state board of health standards adopted
under RCW 43.20.050(2)(a) or standards adopted under chapters 70.116 and
70.119A RCW, and the results of the audit ((shall)) must be
provided to the requesting department, city, or county. However, the number of
nonmunicipal water systems referred to the commission in any one calendar year
shall not exceed twenty percent of the water companies subject to commission
regulation as defined in RCW 80.04.010.
(b) Every nonmunicipal water system referred to the commission for audit under this section shall pay to the commission an audit fee in an amount, based on the system's twelve-month audited period, equal to the fee required to be paid by regulated companies under RCW 80.24.010.
(5) Any customer or
purchaser of service from a water system or company that is subject to commission
regulation may file a complaint with the commission if he or she has reason to
believe that the water delivered by the system to the customer does not meet
state drinking water standards under chapter 43.20 or 70.116 RCW. The
commission shall investigate such a complaint, and shall request that the state
department of health or local health department of the county in which the
system is located test the water for compliance with state drinking water
standards, and provide the results of such testing to the commission. The
commission may decide not to investigate the complaint if it determines that
the complaint has been filed in bad faith, or for the purpose of harassment of
the water system or company, or for other reasons has no substantial merit.
The water system or company shall bear the expense for the testing. After the
commission has received the complaint from the customer and during the pendency
of the commission investigation, the water system or company ((shall)) may
not take any steps to terminate service to the customer or to collect any
amounts alleged to be owed to the company by the customer. The commission may
issue an order or take any other action to ensure that no such steps are taken
by the system or company. The customer may, at the customer's option and
expense, obtain a water quality test by a licensed or otherwise qualified water
testing laboratory, of the water delivered to the customer by the water system
or company, and provide the results of such a test to the commission. If the
commission determines that the water does not meet state drinking water
standards, it shall exercise its authority over the system or company as
provided in this title, and may, where appropriate, order a refund to the
customer on a pro rata basis for the substandard water delivered to the
customer, and shall order reimbursement to the customer for the cost incurred
by the customer, if any, in obtaining a water quality test.
Sec. 8. RCW 80.04.160 and 1961 c 14 s 80.04.160 are each amended to read as follows:
The commission is hereby
authorized and empowered to adopt, promulgate and issue rules and regulations
covering the transmission and delivery of messages and conversations, and the
furnishing and supply of gas, electricity, wastewater company services,
and water, and any and all services concerning the same, or connected
therewith; and generally such rules as pertain to the comfort and convenience
of the public concerning the subjects treated of in this title. Such rules and
regulations ((shall)) must be promulgated and issued by the
commission on its own motion, and ((shall)) must be served on the
public service company affected thereby as other orders of the commission are
served. Any public service company affected thereby, and deeming such rules
and regulations, or any of them, improper, unjust, unreasonable, or contrary to
law, may within twenty days from the date of service of such order upon it file
objections thereto with the commission, specifying the particular grounds of
such objections. The commission shall, upon receipt of such objections, fix a
time and place for hearing the same, and after a full hearing may make such
changes or modifications thereto, if any, as the evidence may justify. The
commission ((shall have)) has, and it is hereby given, power to
adopt rules to govern its proceedings, and to regulate the mode and manner of
all investigations and hearings((: PROVIDED,)). However, no
person desiring to be present at such hearing ((shall)) may be
denied permission. Actions may be instituted to review rules and regulations
promulgated under this section as in the case of orders of the commission.
Sec. 9. RCW 80.04.250 and 1991 c 122 s 2 are each amended to read as follows:
(1) The commission ((shall have)) has power
upon complaint or upon its own motion to ascertain and determine the fair value
for rate making purposes of the property of any public service company used and
useful for service in this state and shall exercise such power whenever it ((shall))
deems such valuation or determination necessary or proper under any of
the provisions of this title. In determining what property is used and useful
for providing electric, gas, wastewater company services, or water
service, the commission may include the reasonable costs of construction work
in progress to the extent that the commission finds that inclusion is in the
public interest.
(2) The commission ((shall have)) has the
power to make revaluations of the property of any public service company from
time to time.
(3) The commission shall, before any hearing is had,
notify the complainants and the public service company concerned of the time
and place of such hearing by giving at least thirty days' written notice thereof,
specifying that at the time and place designated a hearing will be held for the
purpose of ascertaining the value of the company's property, used and useful as
aforesaid, which notice ((shall)) must be sufficient to authorize
the commission to inquire into and pass upon the matters designated in this
section.
Sec. 10. RCW 80.04.500 and 1985 c 450 s 13 are each amended to read as follows:
Nothing in this title ((shall))
authorizes the commission to make or enforce any order affecting rates,
tolls, rentals, contracts or charges or service rendered, or the adequacy or
sufficiency of the facilities, equipment, instrumentalities or buildings, or
the reasonableness of rules or regulations made, furnished, used, supplied or
in force affecting any telecommunications line, gas plant, electrical plant,
system of sewerage, or water system owned and operated by any city or town,
or to make or enforce any order relating to the safety of any
telecommunications line, electrical plant, system of sewerage, or water
system owned and operated by any city or town, but all other provisions
enumerated herein ((shall)) apply to public utilities owned by any city
or town.
Sec. 11. RCW 80.28.010 and 2008 c 299 s 35 are each amended to read as follows:
(1) All charges made,
demanded or received by any gas company, electrical company, wastewater
company, or water company for gas, electricity or water, or for any service
rendered or to be rendered in connection therewith, shall be just, fair,
reasonable and sufficient. Reasonable charges necessary to cover the cost of
administering the collection of voluntary donations for the purposes of
supporting the development and implementation of evergreen community management
plans and ordinances under RCW 80.28.300 ((shall)) must be deemed
as prudent and necessary for the operation of a utility.
(2) Every gas company, electrical company, wastewater company, and water company shall furnish and supply such service, instrumentalities and facilities as shall be safe, adequate and efficient, and in all respects just and reasonable.
(3) All rules and
regulations issued by any gas company, electrical company, wastewater
company, or water company, affecting or pertaining to the sale or distribution
of its product or service, ((shall)) must be just and
reasonable.
(4) Utility service for residential space heating shall not be terminated between November 15 through March 15 if the customer:
(a) Notifies the utility of the inability to pay the bill, including a security deposit. This notice should be provided within five business days of receiving a payment overdue notice unless there are extenuating circumstances. If the customer fails to notify the utility within five business days and service is terminated, the customer can, by paying reconnection charges, if any, and fulfilling the requirements of this section, receive the protections of this chapter;
(b) Provides
self-certification of household income for the prior twelve months to a grantee
of the department of ((community, trade, and economic development)) commerce,
which administers federally funded energy assistance programs. The grantee
shall determine that the household income does not exceed the maximum allowed
for eligibility under the state's plan for low-income energy assistance under
42 U.S.C. 8624 and shall provide a dollar figure that is seven percent of
household income. The grantee may verify information provided in the
self-certification;
(c) Has applied for home heating assistance from applicable government and private sector organizations and certifies that any assistance received will be applied to the current bill and future utility bills;
(d) Has applied for low-income weatherization assistance to the utility or other appropriate agency if such assistance is available for the dwelling;
(e) Agrees to a payment
plan and agrees to maintain the payment plan. The plan will be designed both
to pay the past due bill by the following October 15th and to pay for
continued utility service. If the past due bill is not paid by the following
October 15, the customer ((shall)) is not ((be)) eligible
for protections under this chapter until the past due bill is paid. The plan
((shall)) may not require monthly payments in excess of seven
percent of the customer's monthly income plus one-twelfth of any arrearage
accrued from the date application is made and thereafter during November 15
through March 15. A customer may agree to pay a higher percentage during this
period, but shall not be in default unless payment during this period is less
than seven percent of monthly income plus one-twelfth of any arrearage accrued
from the date application is made and thereafter. If assistance payments are
received by the customer subsequent to implementation of the plan, the customer
shall contact the utility to reformulate the plan; and
(f) Agrees to pay the moneys owed even if he or she moves.
(5) The utility shall:
(a) Include in any notice that an account is delinquent and that service may be subject to termination, a description of the customer's duties in this section;
(b) Assist the customer in fulfilling the requirements under this section;
(c) Be authorized to transfer an account to a new residence when a customer who has established a plan under this section moves from one residence to another within the same utility service area;
(d) Be permitted to disconnect service if the customer fails to honor the payment program. Utilities may continue to disconnect service for those practices authorized by law other than for nonpayment as provided for in this subsection. Customers who qualify for payment plans under this section who default on their payment plans and are disconnected can be reconnected and maintain the protections afforded under this chapter by paying reconnection charges, if any, and by paying all amounts that would have been due and owing under the terms of the applicable payment plan, absent default, on the date on which service is reconnected; and
(e) Advise the customer in writing at the time it disconnects service that it will restore service if the customer contacts the utility and fulfills the other requirements of this section.
(6) A payment plan implemented under this section is consistent with RCW 80.28.080.
(7) Every gas company and electrical company shall offer residential customers the option of a budget billing or equal payment plan. The budget billing or equal payment plan shall be offered low- income customers eligible under the state's plan for low-income energy assistance prepared in accordance with 42 U.S.C. 8624(C)(1) without limiting availability to certain months of the year, without regard to the length of time the customer has occupied the premises, and without regard to whether the customer is the tenant or owner of the premises occupied.
(8) Every gas company, electrical company, wastewater company, and water company shall construct and maintain such facilities in connection with the manufacture and distribution of its product, or provision of its services, as will be efficient and safe to its employees and the public.
(9) An agreement between
the customer and the utility, whether oral or written, ((shall)) does
not waive the protections afforded under this chapter.
(10) In establishing rates or charges for water service, water companies as defined in RCW 80.04.010 may consider the achievement of water conservation goals and the discouragement of wasteful water use practices.
Sec. 12. RCW 80.28.020 and 1961 c 14 s 80.28.020 are each amended to read as follows:
Whenever the commission shall find, after a hearing had upon its own motion, or upon complaint, that the rates or charges demanded, exacted, charged or collected by any gas company, electrical company, wastewater company, or water company, for gas, electricity, wastewater company services, or water, or in connection therewith, or that the rules, regulations, practices or contracts affecting such rates or charges are unjust, unreasonable, unjustly discriminatory or unduly preferential, or in any wise in violation of the provisions of the law, or that such rates or charges are insufficient to yield a reasonable compensation for the service rendered, the commission shall determine the just, reasonable, or sufficient rates, charges, regulations, practices or contracts to be thereafter observed and in force, and shall fix the same by order.
Sec. 13. RCW 80.28.030 and 1989 c 207 s 4 are each amended to read as follows:
(1) Whenever the commission ((shall)) finds,
after such hearing, that the illuminating or heating power, purity or pressure
of gas, the efficiency of electric lamp supply, the voltage of the current
supplied for light, heat or power, the quality of wastewater company services,
or the purity, quality, volume, and pressure of water, supplied by any gas
company, electrical company, wastewater company, or water company, as
the case may be, is insufficient, impure, inadequate or inefficient, it shall
order such improvement in the manufacture, distribution or supply of gas, in
the manufacture, transmission or supply of electricity, in the operation of
the services and facilities of wastewater companies, or in the storage,
distribution or supply of water, or in the methods employed by such gas
company, electrical company, wastewater company, or water company, as
will in its judgment be efficient, adequate, just and reasonable. Failure of a
water company to comply with state board of health standards adopted under RCW
43.20.050(2)(a) or department standards adopted under chapter 70.116 RCW for
purity, volume, and pressure ((shall be)) is prima facie evidence
that the water supplied is insufficient, impure, inadequate, or inefficient. Failure
of a wastewater company to comply with standards and permit conditions adopted
and implemented under chapter 70.118B or 90.48 RCW for treatment and disposal
of sewerage, is prima facie evidence that the system of sewerage is
insufficient, inadequate, or inefficient.
(2) In ordering improvements in the storage, distribution, or
supply of water, the commission shall consult and coordinate with the
department of health. In the event that a water company fails to comply
with an order of the commission ((in a timely fashion)) within the
deadline specified in the order, the commission may request that the
department petition the superior court of Thurston county to
place the company in receivership pursuant to chapter 7.60 RCW.
(3) In ordering improvements to the system of sewerage, the commission shall consult and coordinate with the department of health or the department of ecology, as appropriate to the agencies' jurisdiction. In the event that a wastewater company fails to comply with an order of the commission within the deadline specified in the order, the commission may petition the superior court of Thurston county to place the company in receivership pursuant to chapter 7.60 RCW.
Sec. 14. RCW 80.28.040 and 1989 c 207 s 5 are each amended to read as follows:
(1) Whenever the commission ((shall)) finds,
after hearing, that any rules, regulations, measurements or the standard
thereof, practices, acts or services of any such gas company, electrical
company, wastewater company, or water company are unjust, unreasonable,
improper, insufficient, inefficient or inadequate, or that any service which
may be reasonably demanded is not furnished, the commission shall fix the
reasonable rules, regulations, measurements or the standard thereof, practices,
acts or service to be thereafter furnished, imposed, observed and followed, and
shall fix the same by order or rule.
(2) In ordering improvements to the service of any water company, the commission shall consult and coordinate with the department of health. In the event that a water company fails to comply with an order of the commission within the deadline specified in the order, the commission may request that the department petition the superior court of Thurston county to place the company in receivership pursuant to chapter 7.60 RCW.
(3) In ordering improvements to the service of any system of sewerage, the commission shall consult and coordinate with the department of health or the department of ecology, as appropriate to the agencies' jurisdiction. In the event that a wastewater company fails to comply with an order of the commission within the deadline specified in the order, the commission may petition the superior court of Thurston county to place the company in receivership pursuant to chapter 7.60 RCW.
Sec. 15. RCW 80.28.050 and 1961 c 14 s 80.28.050 are each amended to read as follows:
Every gas company, electrical company, wastewater company, and water company shall file with the commission and shall print and keep open to public inspection schedules in such form as the commission may prescribe, showing all rates and charges made, established or enforced, or to be charged or enforced, all forms of contract or agreement, all rules and regulations relating to rates, charges or service, used or to be used, and all general privileges and facilities granted or allowed by such gas company, electrical company, wastewater company, or water company.
Sec. 16. RCW 80.28.060 and 2008 c 181 s 402 are each amended to read as follows:
(1) Unless the commission otherwise orders, no change ((shall))
may be made in any rate or charge or in any form of contract or
agreement or in any rule or regulation relating to any rate, charge or service,
or in any general privilege or facility which shall have been filed and
published by a gas company, electrical company, wastewater company, or
water company in compliance with the requirements of RCW 80.28.050 except after
thirty days' notice to the commission and publication for thirty days, which
notice ((shall)) must plainly state the changes proposed to be
made in the schedule then in force and the time when the change will go into
effect and all proposed changes ((shall)) must be shown by
printing, filing and publishing new schedules, or shall be plainly indicated
upon the schedules in force at the time and kept open to public inspection.
Proposed changes may be suspended by the commission within thirty days or
before the stated effective date of the proposed change, whichever is later. The
commission, for good cause shown, may allow changes without requiring the
thirty days' notice by duly filing, in such manner as it may direct, an order
specifying the changes so to be made and the time when it ((shall)) takes
effect. All such changes ((shall)) must be immediately indicated
upon its schedules by the company affected. When any change is made in any
rate or charge, form of contract or agreement, or any rule or regulation
relating to any rate or charge or service, or in any general privilege or
facility, the effect of which is to increase any rate or charge, then in
existence, attention ((shall)) must be directed on the copy filed
with the commission to such increase by some character immediately preceding or
following the item in such schedule, such character to be in form as designated
by the commission.
(2) During a state of emergency declared under RCW 43.06.010(12), the governor may waive or suspend the operation or enforcement of this section or any portion of this section or under any administrative rule, and issue any orders to facilitate the operation of state or local government or to promote and secure the safety and protection of the civilian population.
Sec. 17. RCW 80.28.080 and 1985 c 427 s 2 are each amended to read as follows:
(1)(a) Except as provided
otherwise in this subsection, no gas
company, electrical company, wastewater company, or water company ((shall))
may charge, demand, collect or receive a greater or less or different
compensation for any service rendered or to be rendered than the rates and
charges applicable to such service as specified in its schedule filed and in
effect at the time, nor ((shall)) may any such company directly
or indirectly refund or remit in any manner or by any device any portion of the
rates or charges so specified, or furnish its product at free or reduced rates
except to its employees and their families, and its officers, attorneys, and
agents; to hospitals, charitable and eleemosynary institutions and persons engaged
in charitable and eleemosynary work; to indigent and destitute persons; to
national homes or state homes for disabled volunteer soldiers and soldiers' and
sailors' homes((: PROVIDED, That the term)).
For the purposes of this subsection (1):
(i) "Employees" ((as used in this paragraph
shall)) includes furloughed, pensioned and superannuated employees,
persons who have become disabled or infirm in the service of any such company;
and ((the term))
(ii) "Families((,))" ((as used
in this paragraph, shall)) includes the families of those persons
named in this proviso, the families of persons killed or dying in the service,
also the families of persons killed, and the surviving spouse prior to
remarriage, and the minor children during minority of persons who died while in
the service of any of the companies named in this ((paragraph: PROVIDED
FURTHER, That)) subsection (1).
(b) Water companies may furnish free or at reduced rates water for
the use of the state, or for any project in which the state is interested((:
AND PROVIDED FURTHER, That)).
(c) Gas companies, electrical companies, wastewater companies,
and water companies may charge the defendant for treble damages awarded in
lawsuits successfully litigated under RCW 80.28.240.
(2) No gas company, electrical company, wastewater
company, or water company ((shall)) may extend to any person
or corporation any form of contract or agreement or any rule or regulation or
any privilege or facility except such as are regularly and uniformly extended
to all persons and corporations under like circumstances.
Sec. 18. RCW 80.28.090 and 1961 c 14 s 80.28.090 are each amended to read as follows:
No gas company,
electrical company, wastewater company, or water company ((shall))
may make or grant any undue or unreasonable preference or advantage to
any person, corporation, or locality, or to any particular description of
service in any respect whatsoever, or subject any particular person,
corporation or locality or any particular description of service to any undue
or unreasonable prejudice or disadvantage in any respect whatsoever.
Sec. 19. RCW 80.28.100 and 1961 c 14 s 80.28.100 are each amended to read as follows:
No gas company,
electrical company, wastewater company, or water company ((shall))
may, directly or indirectly, or by any special rate, rebate, drawback or
other device or method, charge, demand, collect or receive from any person or
corporation a greater or less compensation for gas, electricity, wastewater
company services, or water, or for any service rendered or to be rendered,
or in connection therewith, except as authorized in this chapter, than it
charges, demands, collects or receives from any other person or corporation for
doing a like or contemporaneous service with respect thereto under the same or
substantially similar circumstances or conditions.
Sec. 20. RCW 80.28.110 and 1990 c 132 s 5 are each amended to read as follows:
Every gas company,
electrical company, wastewater company, or water company, engaged in the
sale and distribution of gas, electricity or water or the provision of
wastewater company services, shall, upon reasonable notice, furnish to all
persons and corporations who may apply therefor and be reasonably entitled
thereto, suitable facilities for furnishing and furnish all available gas,
electricity, wastewater company services, and water as demanded, except
that a water company ((shall)) may not furnish water contrary to
the provisions of water system plans approved under chapter 43.20 or 70.116 RCW
and wastewater companies may not provide services contrary to the approved
general sewer plan.
Sec. 21. RCW 80.28.120 and 1961 c 14 s 80.28.120 are each amended to read as follows:
Every gas, water,
wastewater, or electrical company owning, operating or managing a plant or
system for the distribution and sale of gas, water or electricity, or the
provision of wastewater company services to the public for hire ((shall
be)) is, and ((be)) is held to be, a public
service company as to such plant or system and as to all gas, water,
wastewater company services, or electricity distributed or furnished
therefrom, whether such gas, water, wastewater company services, or
electricity be sold wholesale or retail or be distributed wholly to the general
public or in part as surplus gas, water, wastewater company services, or
electricity to manufacturing or industrial concerns or to other public service
companies or municipalities for redistribution. Nothing in this title ((shall))
may be construed to prevent any gas company, electrical company or water
company from continuing to furnish its product or the use of its lines,
equipment or service under any contract or contracts in force on June 7, 1911,
at the rates fixed in such contract or contracts((: PROVIDED, That)).
However, the commission ((shall have)) has power, in its
discretion, to direct by order that such contract or contracts ((shall))
be terminated by the company party thereto and thereupon such contract or
contracts ((shall)) must be terminated by such company as and
when directed by such order.
Sec. 22. RCW 80.28.130 and 1961 c 14 s 80.28.130 are each amended to read as follows:
Whenever the commission
((shall)) finds, after hearing had upon its own motion or upon
complaint, that repairs or improvements, to, or changes in, any gas plant,
electrical plant, system of sewerage, or water system ought to be made,
or that any additions or extensions should reasonably be made thereto, in order
to promote the security or convenience of the public or employees, or in order
to secure adequate service or facilities for manufacturing, distributing or
supplying gas, electricity, wastewater company services, or water, the
commission may enter an order directing that such reasonable repairs,
improvements, changes, additions or extensions of such gas plant, electrical
plant, system of sewerage, or water system be made.
Sec. 23. RCW 80.28.185 and 1989 c 207 s 6 are each amended to read as follows:
The commission may develop and enter into an agreement with a county to carry out the regulatory functions of this chapter with regard to water companies or wastewater companies located within the boundary of that county. The duration of the agreement, the duties to be performed, and the remuneration to be paid by the commission are subject to agreement by the commission and the county.
Sec. 24. RCW 80.28.240 and 1989 c 11 s 30 are each amended to read as follows:
(1) A utility may bring a civil action for damages against any person who commits, authorizes, solicits, aids, abets, or attempts to:
(a) Divert, or cause to be diverted, utility services by any means whatsoever;
(b) Make, or cause to be made, any connection or reconnection with property owned or used by the utility to provide utility service without the authorization or consent of the utility;
(c) Prevent any utility meter or other device used in determining the charge for utility services from accurately performing its measuring function by tampering or by any other means;
(d) Tamper with any property owned or used by the utility to provide utility services; or
(e) Use or receive the direct benefit of all or a portion of the utility service with knowledge of, or reason to believe that, the diversion, tampering, or unauthorized connection existed at the time of the use or that the use or receipt was without the authorization or consent of the utility.
(2) In any civil action brought under this section, the utility may recover from the defendant as damages three times the amount of actual damages, if any, plus the cost of the suit and reasonable attorney's fees, plus the costs incurred on account of the bypassing, tampering, or unauthorized reconnection, including but not limited to costs and expenses for investigation, disconnection, reconnection, service calls, and expert witnesses.
(3) Any damages recovered under this section in excess of the actual damages sustained by the utility may be taken into account by the utilities and transportation commission or other applicable rate- making agency in establishing utility rates.
(4) As used in this section:
(a) "Customer" means the person in whose name a utility service is provided;
(b) "Divert" means to change the intended course or path of electricity, gas, or water without the authorization or consent of the utility;
(c) "Person" means any individual, partnership, firm, association, or corporation or government agency;
(d) "Reconnection" means the commencement of utility service to a customer or other person after service has been lawfully disconnected by the utility;
(e) "Tamper" means to rearrange, injure, alter, interfere with, or otherwise prevent from performing the normal or customary function;
(f) "Utility" means any electrical company, gas company, wastewater company, or water company as those terms are defined in RCW 80.04.010, and includes any electrical, gas, system of sewerage, or water system operated by any public agency; and
(g) "Utility service" means the provision of electricity, gas, water, wastewater company services, or any other service or commodity furnished by the utility for compensation.
Sec. 25. RCW 80.28.270 and 1991 c 101 s 2 are each amended to read as follows:
The commission's
jurisdiction over the rates, charges, practices, acts or services of any water
company ((shall)) or wastewater company includes any
aspect of line extension, service installation, or service connection. If the
charges for such services are not set forth by specific amount in the company's
tariff filed with the commission pursuant to RCW 80.28.050, the commission
shall determine the fair, just, reasonable, and sufficient charge for such
extension, installation, or connection. In any such proceeding in which there
is no specified tariffed rate, the burden ((shall be)) is on the
company to prove that its proposed charges are fair, just, reasonable, and
sufficient.
Sec. 26. RCW 80.28.275 and 1994 c 292 s 9 are each amended to read as follows:
A water company or a
wastewater company assuming responsibility for a water system or system
of sewerage that is not in compliance with state or federal requirements ((for
public drinking water systems)), and its agents and employees, are immune
from lawsuits or causes of action, based on noncompliance with state or federal
requirements ((for public drinking water systems)), which predate the
date of assuming responsibility and continue after the date of assuming
responsibility, provided that the water company or wastewater company
has submitted and is complying with a plan and schedule of improvements
approved by the department of health or the department of ecology, as
appropriate to the agencies' jurisdiction. This immunity ((shall))
expires on the earlier of the date the plan of improvements is completed
or four years from the date of assuming responsibility. This immunity does not
apply to intentional injuries, fraud, or bad faith and is subject to the
provisions of law governing clean water as referenced by the commission by rule.
Sec. 27. RCW 7.60.025 and 2010 c 212 s 4 are each amended to read as follows:
(1) A receiver may be appointed by the superior court of this state in the following instances, but except in any case in which a receiver's appointment is expressly required by statute, or any case in which a receiver's appointment is sought by a state agent whose authority to seek the appointment of a receiver is expressly conferred by statute, or any case in which a receiver's appointment with respect to real property is sought under (b)(ii) of this subsection, a receiver shall be appointed only if the court additionally determines that the appointment of a receiver is reasonably necessary and that other available remedies either are not available or are inadequate:
(a) On application of any party, when the party is determined to have a probable right to or interest in property that is a subject of the action and in the possession of an adverse party, or when the property or its revenue-producing potential is in danger of being lost or materially injured or impaired. A receiver may be appointed under this subsection (1)(a) whether or not the application for appointment of a receiver is combined with, or is ancillary to, an action seeking a money judgment or other relief;
(b) Provisionally, during the pendency of any action to foreclose upon any lien against or for forfeiture of any interest in real or personal property, or after notice of a trustee's sale has been given under RCW 61.24.040, or after notice of forfeiture has been given under RCW 61.30.040, on application of any person, when the interest in the property that is the subject of foreclosure or forfeiture of the person seeking the receiver's appointment is determined to be probable and either:
(i) The property or its revenue-producing potential is in danger of being lost or materially injured or impaired; or
(ii) The appointment of a receiver with respect to the real or personal property that is the subject of the action, the notice of trustee's sale or notice of forfeiture is provided for by agreement or is reasonably necessary to effectuate or enforce an assignment of rents or other revenues from the property;
(c) After judgment, in order to give effect to the judgment;
(d) To dispose of property according to provisions of a judgment dealing with its disposition;
(e) To the extent that property is not exempt from execution, at the instance of a judgment creditor either before or after the issuance of any execution, to preserve or protect it, or prevent its transfer;
(f) If and to the extent that property is subject to execution to satisfy a judgment, to preserve the property during the pendency of an appeal, or when an execution has been returned unsatisfied, or when an order requiring a judgment debtor to appear for proceedings supplemental to judgment has been issued and the judgment debtor fails to submit to examination as ordered;
(g) Upon an attachment of real or personal property when the property attached is of a perishable nature or is otherwise in danger of waste, impairment, or destruction, or where the abandoned property's owner has absconded with, secreted, or abandoned the property, and it is necessary to collect, conserve, manage, control, or protect it, or to dispose of it promptly, or when the court determines that the nature of the property or the exigency of the case otherwise provides cause for the appointment of a receiver;
(h) In an action by a transferor of real or personal property to avoid or rescind the transfer on the basis of fraud, or in an action to subject property or a fund to the payment of a debt;
(i) In an action against any person who is not an individual if the object of the action is the dissolution of that person, or if that person has been dissolved, or if that person is insolvent or is not generally paying the person's debts as those debts become due unless they are the subject of bona fide dispute, or if that person is in imminent danger of insolvency;
(j) In accordance with RCW 7.08.030 (4) and (6), in cases in which a general assignment for the benefit of creditors has been made;
(k) In quo warranto proceedings under chapter 7.56 RCW;
(l) As provided under RCW 11.64.022;
(m) In an action by the department of licensing under RCW 18.35.220(3) with respect to persons engaged in the business of dispensing of hearing aids, RCW 18.85.430 in the case of persons engaged in the business of a real estate broker, associate real estate broker, or real estate salesperson, or RCW 19.105.470 with respect to persons engaged in the business of camping resorts;
(n) In an action under RCW 18.44.470 or 18.44.490 in the case of persons engaged in the business of escrow agents;
(o) Upon a petition with respect to a nursing home in accordance with and subject to receivership provisions under chapter 18.51 RCW;
(p) Under RCW 19.40.071(3), in connection with a proceeding for relief with respect to a transfer fraudulent as to a creditor or creditors;
(q) Under RCW 19.100.210(1), in an action by the attorney general or director of financial institutions to restrain any actual or threatened violation of the franchise investment protection act;
(r) In an action by the attorney general or by a prosecuting attorney under RCW 19.110.160 with respect to a seller of business opportunities;
(s) In an action by the director of financial institutions under RCW 21.20.390 in cases involving actual or threatened violations of the securities act of Washington or under RCW 21.30.120 in cases involving actual or threatened violations of chapter 21.30 RCW with respect to certain businesses and transactions involving commodities;
(t) In an action for or relating to dissolution of a business corporation under RCW 23B.14.065, 23B.14.300, 23B.14.310, or 23B.14.320, for dissolution of a nonprofit corporation under RCW 24.03.271, for dissolution of a mutual corporation under RCW 24.06.305, or in any other action for the dissolution or winding up of any other entity provided for by Title 23, 23B, 24, or 25 RCW;
(u) In any action in which the dissolution of any public or private entity is sought, in any action involving any dispute with respect to the ownership or governance of such an entity, or upon the application of a person having an interest in such an entity when the appointment is reasonably necessary to protect the property of the entity or its business or other interests;
(v) Under RCW 25.05.215, in aid of a charging order with respect to a partner's interest in a partnership;
(w) Under and subject to RCW 30.44.100, 30.44.270, and 30.56.030, in the case of a bank or trust company or, under and subject to RCW 32.24.070 through 32.24.090, in the case of a mutual savings bank;
(x) Under and subject to RCW 31.12.637 and 31.12.671 through 31.12.724, in the case of credit unions;
(y) Upon the application of the director of financial institutions under RCW 31.35.090 in actions to enforce chapter 31.35 RCW applicable to agricultural lenders, under RCW 31.40.120 in actions to enforce chapter 31.40 RCW applicable to entities engaged in federally guaranteed small business loans, under RCW 31.45.160 in actions to enforce chapter 31.45 RCW applicable to persons licensed as check cashers or check sellers, or under RCW 19.230.230 in actions to enforce chapter 19.230 RCW applicable to persons licensed under the uniform money services act;
(z) Under RCW 35.82.090 or 35.82.180, with respect to a housing project;
(aa) Under RCW 39.84.160 or 43.180.360, in proceedings to enforce rights under any revenue bonds issued for the purpose of financing industrial development facilities or bonds of the Washington state housing finance commission, or any financing document securing any such bonds;
(bb) Under and subject to RCW 43.70.195, in an action by the secretary of health or by a local health officer with respect to a public water system;
(cc) As contemplated by RCW 61.24.030, with respect to real property that is the subject of nonjudicial foreclosure proceedings under chapter 61.24 RCW;
(dd) As contemplated by RCW 61.30.030(3), with respect to real property that is the subject of judicial or nonjudicial forfeiture proceedings under chapter 61.30 RCW;
(ee) Under RCW 64.32.200(2), in an action to foreclose upon a lien for common expenses against a dwelling unit subject to the horizontal property regimes act, chapter 64.32 RCW;
(ff) Under RCW 64.34.364(10), in an action by a unit owners' association to foreclose a lien for nonpayment of delinquent assessments against condominium units;
(gg) Upon application of the attorney general under RCW 64.36.220(3), in aid of any writ or order restraining or enjoining violations of chapter 64.36 RCW applicable to timeshares;
(hh) Under RCW 70.95A.050(3), in aid of the enforcement of payment or performance of municipal bonds issued with respect to facilities used to abate, control, or prevent pollution;
(ii) Upon the application of the department of social and health services under RCW 74.42.580, in cases involving nursing homes;
(jj) Upon the application of the utilities and transportation commission under RCW 80.28.040, with respect to a water company or wastewater company that has failed to comply with an order of such commission within the time deadline specified therein;
(kk) Under RCW 87.56.065, in connection with the dissolution of an irrigation district;
(ll) Upon application of the attorney general or the department of licensing, in any proceeding that either of them are authorized by statute to bring to enforce Title 18 or 19 RCW; the securities act of Washington, chapter 21.20 RCW; the Washington commodities act, chapter 21.30 RCW; the land development act, chapter 58.19 RCW; or under chapter 64.36 RCW relating to the regulation of timeshares;
(mm) Upon application of the director of financial institutions in any proceeding that the director of financial institutions is authorized to bring to enforce chapters 31.35, 31.40, and 31.45 RCW; or
(nn) In such other cases as may be provided for by law, or when, in the discretion of the court, it may be necessary to secure ample justice to the parties.
(2) The superior courts of this state shall appoint as receiver of property located in this state a person who has been appointed by a federal or state court located elsewhere as receiver with respect to the property specifically or with respect to the owner's property generally, upon the application of the person or of any party to that foreign proceeding, and following the appointment shall give effect to orders, judgments, and decrees of the foreign court affecting the property in this state held by the receiver, unless the court determines that to do so would be manifestly unjust or inequitable. The venue of such a proceeding may be any county in which the person resides or maintains any office, or any county in which any property over which the receiver is to be appointed is located at the time the proceeding is commenced.
(3) At least seven days'
notice of any application for the appointment of a receiver ((shall)) must
be given to the owner of property to be subject thereto and to all other
parties in the action, and to other parties in interest as the court may
require. If any execution by a judgment creditor under Title 6 RCW or any
application by a judgment creditor for the appointment of a receiver, with
respect to property over which the receiver's appointment is sought, is pending
in any other action at the time the application is made, then notice of the
application for the receiver's appointment also ((shall)) must be
given to the judgment creditor in the other action. The court may shorten or
expand the period for notice of an application for the appointment of a
receiver upon good cause shown.
(4) The order appointing
a receiver in all cases ((shall)) must reasonably describe the
property over which the receiver is to take charge, by category, individual
items, or both if the receiver is to take charge of less than all of the
owner's property. If the order appointing a receiver does not expressly limit
the receiver's authority to designated property or categories of property of
the owner, the receiver is a general receiver with the authority to take charge
over all of the owner's property, wherever located.
(5) The court may condition the appointment of a receiver upon the giving of security by the person seeking the receiver's appointment, in such amount as the court may specify, for the payment of costs and damages incurred or suffered by any person should it later be determined that the appointment of the receiver was wrongfully obtained.
Sec. 28. RCW 36.94.110 and 1967 c 72 s 11 are each amended to read as follows:
After adoption of the
sewerage and/or water general plan, all municipal corporations and private
utilities within the plan area shall abide by and adhere to the plan for the
future development of their systems. A municipal corporation or private
utility, including a wastewater company as defined in RCW 80.04.010, may
petition for amendments to the plan. Whenever the governing authority of
any county or counties or any municipal corporation deems it to be for the
public interest to amend the sewerage and/or water general plan for such county
or counties, notice ((shall)) must be filed with the board or
boards of county commissioners. Upon such notice, the board or boards shall
initiate consideration of any amendment requested relating to the plan and
proceed as provided in this chapter for the adoption of an original plan.
NEW SECTION. Sec. 29. (1) The commission may adopt rules to implement this act before July 1, 2012, to ensure that this act is implemented on its effective date.
(2)(a) The commission may collect payments from wastewater companies and other private entities that have notified the commission of their willingness to cover the costs of the rule making. The commission must issue a notice of intent to adopt rules that includes a request that wastewater companies or other private entities notify the commission of their intent to participate in the cost recovery mechanism.
(b) Upon receipt of the statements of intent to participate in the cost recovery mechanism, the commission must proportionately divide among the companies or private entities the anticipated cost of the rule making and send the parties an invoice.
(c) Upon receipt of sufficient funds to pay for the rule making, the commission must commence the rule-making process.
(3) The commission is not required to engage in rule making until it has collected sufficient payments to cover the projected costs of the rule making.
(4) The commission must provide a refund for any overpayment of the costs at the conclusion of the rule making.
(5) Between the conclusion of the rule making and June 30, 2013, the commission may collect from applicants for a certificate of public convenience and necessity a portion of the costs of rule making and provide proportionate refunds to the parties that had previously paid for the costs of rule making.
NEW SECTION. Sec. 30. Nothing in this act supersedes federal, state, or local government requirements to obtain a wastewater discharge permit or a large on-site sewerage system operating permit or other permits or licenses required by law in the state of Washington.
NEW SECTION. Sec. 31. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 32. Except for section 29 of this act, this act takes effect July 1, 2012."
Correct the title.
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
Senator Kastama moved that the Senate concur in the House amendment(s) to Second Substitute Senate Bill No. 5034.
Senator Kastama spoke in favor of the motion.
The President declared the question before the Senate to be the motion by Senator Kastama that the Senate concur in the House amendment(s) to Second Substitute Senate Bill No. 5034.
The motion by Senator Kastama carried and the Senate concurred in the House amendment(s) to Second Substitute Senate Bill No. 5034 by voice vote.
The President declared the question before the Senate to be the final passage of Second Substitute Senate Bill No. 5034, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5034, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.
Voting yea: Senators Baumgartner, Baxter, Becker, Brown, Carrell, Chase, Conway, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Swecker, Tom, White and Zarelli
Voting nay: Senators Holmquist Newbry and Stevens
Excused: Senators Benton and Delvin
SECOND SUBSTITUTE SENATE BILL NO. 5034, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Carrell, Senators Hewitt and Zarelli were excused.
MESSAGE FROM THE HOUSE
April 6, 2011
MR. PRESIDENT:
The House passed SENATE BILL NO. 5035 with the following amendment(s): 5035 AMH JUDI H2194.1
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 59.20 RCW to read as follows:
(1) A landlord shall provide a written receipt for any payment made by a tenant in the form of cash.
(2) A landlord shall provide, upon the request of a tenant, a written receipt for any payments made by the tenant in a form other than cash."
Correct the title.
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
Senator White moved that the Senate concur in the House amendment(s) to Senate Bill No. 5035.
The President declared the question before the Senate to be the motion by Senator White that the Senate concur in the House amendment(s) to Senate Bill No. 5035.
MOTION
On motion of Senator White, Senator Brown was excused.
The motion by Senator White carried and the Senate concurred in the House amendment(s) to Senate Bill No. 5035 by voice vote.
The President declared the question before the Senate to be the final passage of Senate Bill No. 5035, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5035, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.
Voting yea: Senators Baumgartner, Baxter, Becker, Benton, Carrell, Chase, Conway, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hill, Hobbs, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and White
Voting nay: Senator Holmquist Newbry
Excused: Senators Brown, Delvin, Hewitt and Zarelli
SENATE BILL NO. 5035, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MESSAGE FROM THE HOUSE
April 7, 2011
MR. PRESIDENT:
The House passed SUBSTITUTE SENATE BILL NO. 5036 with the following amendment(s): 5036-S AMH APPG H2449.1
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 88.02.640 and 2010 c 161 s 1028 are each amended to read as follows:
(1) In addition to any other fees and taxes required by law, the department, county auditor or other agent, or subagent appointed by the director shall charge the following vessel fees:
|
FEE |
AMOUNT |
AUTHORITY |
DISTRIBUTION |
|
(a) Dealer temporary permit |
$5.00 |
RCW 88.02.800(2) |
General fund |
|
(b) Derelict vessel and invasive species removal |
Subsection (3) of this section |
Subsections (3) and (4) of this section |
Subsection (3) of this section |
|
(c) Duplicate registration |
$1.25 |
RCW 88.02.590(1)(c) |
General fund |
|
(d) Filing |
RCW 46.17.005 |
RCW 46.17.005 |
RCW 46.68.440 |
|
(e) License plate technology |
RCW 46.17.015 |
RCW 46.17.015 |
RCW 46.68.400 |
|
(f) License service |
RCW 46.17.025 |
RCW 46.17.025 |
RCW 46.68.220 |
|
(g) Nonresident vessel permit |
$25.00 |
RCW 88.02.620(3) |
Subsection (6) of this section |
|
(h) Registration |
$10.50 |
RCW 88.02.560(2) |
General fund |
|
(i) Replacement decal |
$1.25 |
RCW 88.02.595(1)(c) |
General fund |
|
(j) Title application |
$5.00 |
RCW 88.02.515 |
General fund |
|
(k) Transfer |
$1.00 |
RCW 88.02.560(7) |
General fund |
|
(l) Vessel visitor permit |
$30.00 |
RCW 88.02.610(3) |
General fund |
(2) The five dollar dealer temporary permit fee required in subsection (1) of this section must be credited to the payment of registration fees at the time application for registration is made.
(3)(a) ((Until June
30, 2012,)) The derelict vessel and invasive species removal fee
required in subsection (1) of this section is five dollars and must be
distributed as follows:
(i) One dollar and fifty cents must be deposited in the aquatic invasive species prevention account created in RCW 77.12.879;
(ii) One dollar must be
deposited into the ((freshwater)) aquatic algae control account created
in RCW 43.21A.667;
(iii) Fifty cents must be deposited into the aquatic invasive species enforcement account created in RCW 43.43.400; and
(iv) Two dollars must be deposited in the derelict vessel removal account created in RCW 79.100.100.
(b) ((On and after June 30, 2012, the derelict vessel and invasive species removal fee is two dollars and must be deposited into the derelict vessel removal account created in RCW 79.100.100.)) If the department of natural resources indicates that the balance of the derelict vessel removal account, not including any transfer or appropriation of funds into the account or funds deposited into the account collected under subsection (5) of this section reaches one million dollars as of March 1st of any year, the collection of the two dollars of the derelict vessel and invasive species removal fee that is deposited into the derelict vessel removal account as authorized in (a)(iv) of this subsection must be suspended for the following fiscal year.
(4) Until January 1, 2014, an annual derelict vessel removal surcharge of one dollar must be charged with each vessel registration. The surcharge:
(a) Is to address the significant backlog of derelict vessels accumulated in Washington state waters that pose a threat to the health and safety of the people and to the environment;
(b) Is to be used only for the removal of vessels that are less than seventy-five feet in length; and
(c) Must be deposited into the derelict vessel removal account created in RCW 79.100.100.
(5) The twenty-five dollar nonresident vessel permit fee must be paid by the vessel owner to the department for the cost of providing the identification document by the department. Any moneys remaining from the fee after the payment of costs must be allocated to counties by the state treasurer for approved boating safety programs under RCW 88.02.655.
(6) The thirty dollar vessel visitor permit fee must be distributed as follows:
(a) Five dollars must be deposited in the derelict vessel removal account created in RCW 79.100.100;
(b) The department may keep an amount to cover costs for providing the vessel visitor permit;
(c) Any moneys remaining must be allocated to counties by the state treasurer for approved boating safety programs under RCW 88.02.655; and
(d) Any fees required for licensing agents under RCW 46.17.005 are in addition to any other fee or tax due for the titling and registration of vessels.
Sec. 2. RCW 43.21A.667 and 2009 c 564 s 933 are each amended to read as follows:
(1) The ((freshwater))
aquatic algae control account is created in the state treasury. Moneys
directed to the account from RCW ((88.02.050)) 88.02.640 must be
deposited in the account. Expenditures from the account may only be used as
provided in this section. Moneys in the account may be spent only after
appropriation.
(2) Funds in the ((freshwater))
aquatic algae control account may be appropriated to the department to develop
a freshwater and saltwater aquatic algae control program and may be
used to establish contingency funds for emergent issues. Funds must be
expended as follows:
(a) As grants to cities,
counties, tribes, special purpose districts, and state agencies: (i) To
manage excessive freshwater and saltwater nuisance algae, with priority
for the treatment of lakes in which harmful algal blooms have occurred within
the past three years; and ((during the 2009-2011 fiscal biennium to provide
grants)) (ii) for ((sea lettuce research)) freshwater and
saltwater nuisance algae monitoring and removal ((to assist Puget Sound
communities that are impacted by hyperblooms of sea lettuce)); and
(b) To provide technical assistance to applicants and the public about aquatic algae control.
(3) The department shall submit a biennial report to the appropriate legislative committees describing the actions taken to implement this section along with suggestions on how to better fulfill the intent of chapter 464, Laws of 2005. The first report is due December 1, 2007.
(4) For the purposes of this section, "saltwater nuisance algae" means native invasive algae (sea lettuce), nonnative invasive algae, and algae producing harmful toxins.
Sec. 3. RCW 43.43.400 and 2007 c 350 s 1 are each amended to read as follows:
(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise:
(a) "Aquatic
invasive species" means any invasive, prohibited, regulated, unregulated,
or unlisted aquatic animal or plant species as defined under RCW 77.08.010 (((49)
through (54))) (28), (40), (44), (58), and (59), aquatic noxious
weeds as defined under RCW 17.26.020(5)(c), and aquatic nuisance species as
defined under RCW 77.60.130(1).
(b) "Recreational and commercial watercraft" includes the boat, as well as equipment used to transport the boat, and any auxiliary equipment such as attached or detached outboard motors.
(2) The aquatic invasive
species enforcement account is created in the state treasury. Moneys directed
to the account from RCW ((88.02.050)) 88.02.640 must be deposited
in the account. Expenditures from the account may only be used as provided in
this section. Moneys in the account may be spent only after appropriation.
(3) Funds in the aquatic invasive species enforcement account may be appropriated to the Washington state patrol and the department of fish and wildlife to develop an aquatic invasive species enforcement program for recreational and commercial watercraft, which includes equipment used to transport the watercraft and auxiliary equipment such as attached or detached outboard motors. Funds must be expended as follows:
(a) By the Washington state patrol, to inspect recreational and commercial watercraft that are required to stop at port of entry weigh stations managed by the Washington state patrol. The watercraft must be inspected for the presence of aquatic invasive species; and
(b) By the department of fish and wildlife to:
(i) Establish random check stations, to inspect recreational and commercial watercraft as provided for in RCW 77.12.879(3);
(ii) Inspect or delegate inspection of recreational and commercial watercraft. If the department conducts the inspection, there will be no cost to the person requesting the inspection;
(iii) Provide training to all department employees that are deployed in the field to inspect recreational and commercial watercraft; and
(iv) Provide an inspection receipt verifying that the watercraft is not contaminated after the watercraft has been inspected at a check station or has been inspected at the request of the owner of the recreational or commercial watercraft. The inspection receipt is valid until the watercraft is used again.
(4) The Washington state patrol and the department of fish and wildlife shall submit a biennial report to the appropriate legislative committees describing the actions taken to implement this section along with suggestions on how to better fulfill the intent of chapter 464, Laws of 2005. The first report is due December 1, 2007.
Sec. 4. RCW 77.12.879 and 2009 c 333 s 22 are each amended to read as follows:
(1) The aquatic invasive
species prevention account is created in the state treasury. Moneys directed
to the account from RCW ((88.02.050)) 88.02.640 must be deposited
in the account. Expenditures from the account may only be used as provided in
this section. Moneys in the account may be spent only after appropriation.
(2) Funds in the aquatic invasive species prevention account may be appropriated to the department to develop an aquatic invasive species prevention program for recreational and commercial watercraft. Funds must be expended as follows:
(a) To inspect recreational and commercial watercraft;
(b) To educate general law enforcement officers on how to enforce state laws relating to preventing the spread of aquatic invasive species;
(c) To evaluate and survey the risk posed by recreational and commercial watercraft in spreading aquatic invasive species into Washington state waters;
(d) To evaluate the risk posed by float planes in spreading aquatic invasive species into Washington state waters; and
(e) To implement an aquatic invasive species early detection and rapid response plan. The plan must address the treatment and immediate response to the introduction to Washington waters of aquatic invasive species. Agency and public review of the plan must be conducted under chapter 43.21C RCW, the state environmental policy act. If the implementation measures or actions would have a probable significant adverse environmental impact, a detailed statement under chapter 43.21C RCW must be prepared on the plan.
(3) Funds in the aquatic invasive species enforcement account created in RCW 43.43.400 may be appropriated to the department and Washington state patrol to develop an aquatic invasive species enforcement program for recreational and commercial watercraft. The department shall provide training to Washington state patrol employees working at port of entry weigh stations, and other local law enforcement employees, on how to inspect recreational and commercial watercraft for the presence of aquatic invasive species. A person who enters Washington by road transporting any commercial or recreational watercraft that has been used in any designated aquatic invasive species state or foreign country as defined by rule of the department must have in his or her possession valid documentation that the watercraft has been inspected and found free of aquatic invasive species. The department is authorized to require persons transporting recreational and commercial watercraft to stop at check stations. Check stations must be plainly marked by signs, operated by at least one uniformed fish and wildlife officer, and operated in a safe manner. Any person stopped at a check station who possesses a recreational or commercial watercraft that has been used in any designated aquatic invasive species state or foreign country as defined by rule of the department, or that is contaminated with aquatic invasive species, must bear the expense for any necessary impoundment, transportation, cleaning, and decontamination of the watercraft. Any person stopped at a check station who possesses a recreational or commercial watercraft that has been used in any designated aquatic invasive species state or foreign country as defined by rule of the department, or that is contaminated with aquatic invasive species, is exempt from the criminal penalties found in RCW 77.15.253 and 77.15.290, and forfeiture under RCW 77.15.070, if that person complies with all department directives for the proper decontamination of the watercraft and equipment.
(4) The department shall submit a biennial report to the appropriate legislative committees describing the actions taken to implement this section along with suggestions on how to better fulfill the intent of chapter 464, Laws of 2005."
Correct the title.
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
Senator Ranker moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5036.
Senators Ranker and Morton spoke in favor of passage of the motion.
The President declared the question before the Senate to be the motion by Senator Ranker that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5036.
The motion by Senator Ranker carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5036 by voice vote.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5036, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5036, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 37; Nays, 8; Absent, 0; Excused, 4.
Voting yea: Senators Baumgartner, Becker, Chase, Conway, Eide, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hill, Hobbs, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Swecker, Tom and White
Voting nay: Senators Baxter, Benton, Carrell, Ericksen, Holmquist Newbry, Honeyford, Morton and Stevens
Excused: Senators Brown, Delvin, Hewitt and Zarelli
SUBSTITUTE SENATE BILL NO. 5036, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MESSAGE FROM THE HOUSE
April 4, 2011
MR. PRESIDENT:
The House passed SUBSTITUTE SENATE BILL NO. 5042 with the following amendment(s): 5042-S AMH JUDI H2184.3
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 74.34.020 and 2010 c 133 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) "Abandonment" means action or inaction by a person or entity with a duty of care for a vulnerable adult that leaves the vulnerable person without the means or ability to obtain necessary food, clothing, shelter, or health care.
(2) "Abuse" means the willful action or inaction that inflicts injury, unreasonable confinement, intimidation, or punishment on a vulnerable adult. In instances of abuse of a vulnerable adult who is unable to express or demonstrate physical harm, pain, or mental anguish, the abuse is presumed to cause physical harm, pain, or mental anguish. Abuse includes sexual abuse, mental abuse, physical abuse, and exploitation of a vulnerable adult, which have the following meanings:
(a) "Sexual abuse" means any form of nonconsensual sexual contact, including but not limited to unwanted or inappropriate touching, rape, sodomy, sexual coercion, sexually explicit photographing, and sexual harassment. Sexual abuse includes any sexual contact between a staff person, who is not also a resident or client, of a facility or a staff person of a program authorized under chapter 71A.12 RCW, and a vulnerable adult living in that facility or receiving service from a program authorized under chapter 71A.12 RCW, whether or not it is consensual.
(b) "Physical abuse" means the willful action of inflicting bodily injury or physical mistreatment. Physical abuse includes, but is not limited to, striking with or without an object, slapping, pinching, choking, kicking, shoving, prodding, or the use of chemical restraints or physical restraints unless the restraints are consistent with licensing requirements, and includes restraints that are otherwise being used inappropriately.
(c) "Mental abuse" means any willful action or inaction of mental or verbal abuse. Mental abuse includes, but is not limited to, coercion, harassment, inappropriately isolating a vulnerable adult from family, friends, or regular activity, and verbal assault that includes ridiculing, intimidating, yelling, or swearing.
(d) "Exploitation" means an act of forcing, compelling, or exerting undue influence over a vulnerable adult causing the vulnerable adult to act in a way that is inconsistent with relevant past behavior, or causing the vulnerable adult to perform services for the benefit of another.
(3) "Consent" means express written consent granted after the vulnerable adult or his or her legal representative has been fully informed of the nature of the services to be offered and that the receipt of services is voluntary.
(4) "Department" means the department of social and health services.
(5) "Facility" means a residence licensed or required to be licensed under chapter 18.20 RCW, boarding homes; chapter 18.51 RCW, nursing homes; chapter 70.128 RCW, adult family homes; chapter 72.36 RCW, soldiers' homes; or chapter 71A.20 RCW, residential habilitation centers; or any other facility licensed or certified by the department.
(6) "Financial
exploitation" means the illegal or improper use, control over, or
withholding of the property, income, resources, or trust funds of the
vulnerable adult by any person or entity for any person's or entity's
profit or advantage other than for the vulnerable adult's profit or advantage.
"Financial exploitation" includes, but is not limited to:
(a) The use of deception, intimidation, or undue influence by a person
or entity in a position of trust and confidence with a vulnerable adult to
obtain or use the property, income, resources, or trust funds of the vulnerable
adult for the benefit of a person or entity other than the vulnerable adult;
(b) The breach of a fiduciary duty, including, but not limited to, the
misuse of a power of attorney, trust, or a guardianship appointment, that
results in the unauthorized appropriation, sale, or transfer of the property,
income, resources, or trust funds of the vulnerable adult for the benefit of a
person or entity other than the vulnerable adult; or
(c) Obtaining or using a vulnerable adult's property, income,
resources, or trust funds without lawful authority, by a person or entity who
knows or clearly should know that the vulnerable adult lacks the capacity to
consent to the release or use of his or her property, income, resources, or
trust funds.
(7) "Financial institution" has the same meaning as in RCW 30.22.040 and 30.22.041. For purposes of this chapter only, "financial institution" also means a "broker-dealer" or "investment adviser" as defined in RCW 21.20.005.
(8) "Incapacitated person" means a person who is at a significant risk of personal or financial harm under RCW 11.88.010(1) (a), (b), (c), or (d).
(9) "Individual provider" means a person under contract with the department to provide services in the home under chapter 74.09 or 74.39A RCW.
(10) "Interested person" means a person who demonstrates to the court's satisfaction that the person is interested in the welfare of the vulnerable adult, that the person has a good faith belief that the court's intervention is necessary, and that the vulnerable adult is unable, due to incapacity, undue influence, or duress at the time the petition is filed, to protect his or her own interests.
(11) "Mandated reporter" is an employee of the department; law enforcement officer; social worker; professional school personnel; individual provider; an employee of a facility; an operator of a facility; an employee of a social service, welfare, mental health, adult day health, adult day care, home health, home care, or hospice agency; county coroner or medical examiner; Christian Science practitioner; or health care provider subject to chapter 18.130 RCW.
(12) "Neglect" means (a) a pattern of conduct or inaction by a person or entity with a duty of care that fails to provide the goods and services that maintain physical or mental health of a vulnerable adult, or that fails to avoid or prevent physical or mental harm or pain to a vulnerable adult; or (b) an act or omission that demonstrates a serious disregard of consequences of such a magnitude as to constitute a clear and present danger to the vulnerable adult's health, welfare, or safety, including but not limited to conduct prohibited under RCW 9A.42.100.
(13) "Permissive reporter" means any person, including, but not limited to, an employee of a financial institution, attorney, or volunteer in a facility or program providing services for vulnerable adults.
(14) "Protective services" means any services provided by the department to a vulnerable adult with the consent of the vulnerable adult, or the legal representative of the vulnerable adult, who has been abandoned, abused, financially exploited, neglected, or in a state of self-neglect. These services may include, but are not limited to case management, social casework, home care, placement, arranging for medical evaluations, psychological evaluations, day care, or referral for legal assistance.
(15) "Self-neglect" means the failure of a vulnerable adult, not living in a facility, to provide for himself or herself the goods and services necessary for the vulnerable adult's physical or mental health, and the absence of which impairs or threatens the vulnerable adult's well-being. This definition may include a vulnerable adult who is receiving services through home health, hospice, or a home care agency, or an individual provider when the neglect is not a result of inaction by that agency or individual provider.
(16) "Vulnerable adult" includes a person:
(a) Sixty years of age or older who has the functional, mental, or physical inability to care for himself or herself; or
(b) Found incapacitated under chapter 11.88 RCW; or
(c) Who has a developmental disability as defined under RCW 71A.10.020; or
(d) Admitted to any facility; or
(e) Receiving services from home health, hospice, or home care agencies licensed or required to be licensed under chapter 70.127 RCW; or
(f) Receiving services from
an individual provider; or
(g) Who self-directs his or her own care and receives services from a
personal aide under chapter 74.39 RCW.
Sec. 2. RCW 74.34.067 and 2007 c 312 s 2 are each amended to read as follows:
(1) Where appropriate, an investigation by the department may include a private interview with the vulnerable adult regarding the alleged abandonment, abuse, financial exploitation, neglect, or self- neglect.
(2) In conducting the investigation, the department shall interview the complainant, unless anonymous, and shall use its best efforts to interview the vulnerable adult or adults harmed, and, consistent with the protection of the vulnerable adult shall interview facility staff, any available independent sources of relevant information, including if appropriate the family members of the vulnerable adult.
(3) The department may conduct ongoing case planning and consultation with: (a) Those persons or agencies required to report under this chapter or submit a report under this chapter; (b) consultants designated by the department; and (c) designated representatives of Washington Indian tribes if client information exchanged is pertinent to cases under investigation or the provision of protective services. Information considered privileged by statute and not directly related to reports required by this chapter must not be divulged without a valid written waiver of the privilege.
(4) The department shall prepare and keep on file a report of each investigation conducted by the department for a period of time in accordance with policies established by the department.
(5) If the department
has reason to believe that the vulnerable adult has suffered from abandonment,
abuse, financial exploitation, neglect, or self-neglect, ((abandonment,
or financial exploitation,)) and lacks the ability or capacity to consent,
and needs the protection of a guardian, the department may bring a guardianship
action under chapter 11.88 RCW.
(6) When the investigation is completed and the department determines that an incident of abandonment, abuse, financial exploitation, neglect, or self-neglect has occurred, the department shall inform the vulnerable adult of their right to refuse protective services, and ensure that, if necessary, appropriate protective services are provided to the vulnerable adult, with the consent of the vulnerable adult. The vulnerable adult has the right to withdraw or refuse protective services.
(7) The department's
adult protective services division may enter into agreements with federally
recognized tribes to investigate reports of abandonment, abuse, financial
exploitation, neglect, or self-neglect of vulnerable adults on property over
which a federally recognized tribe has exclusive jurisdiction. If the
department has information that abandonment, abuse, financial exploitation, or
neglect is criminal or is placing a vulnerable adult on tribal property at
potential risk of personal or financial harm, the department may notify tribal
law enforcement or another tribal representative specified by the tribe. Upon
receipt of the notification, the tribe may assume jurisdiction of the matter.
Neither the department nor its employees may participate in the investigation
after the tribe assumes jurisdiction. The department, its officers, and its
employees are not liable for any action or inaction of the tribe or for any
harm to the alleged victim, the person against whom the allegations were made,
or other parties that occurs after the tribe assumes jurisdiction. Nothing in
this section limits the department's jurisdiction and authority over facilities
or entities that the department licenses or certifies under federal or state
law.
(8) The department may photograph a vulnerable adult or their environment
for the purpose of providing documentary evidence of the physical condition of
the vulnerable adult or his or her environment. When photographing the
vulnerable adult, the department shall obtain permission from the vulnerable
adult or his or her legal representative unless immediate photographing is
necessary to preserve evidence. However, if the legal representative is
alleged to have abused, neglected, abandoned, or exploited the vulnerable
adult, consent from the legal representative is not necessary. No such consent
is necessary when photographing the physical environment.
(((8))) (9)
When the investigation is complete and the department determines that the
incident of abandonment, abuse, financial exploitation, or neglect has
occurred, the department shall inform the facility in which the incident
occurred, consistent with confidentiality requirements concerning the
vulnerable adult, witnesses, and complainants.
NEW SECTION. Sec. 3. A new section is added to chapter 74.34 RCW to read as follows:
(1) When the department opens an investigation of a report of abandonment, abuse, financial exploitation, or neglect of a vulnerable adult, the department shall, at the time of the interview of the vulnerable adult who is an alleged victim, provide a written statement of the rights afforded under this chapter and other applicable law to alleged victims or legal guardians. This statement must include the department's name, address, and telephone number and may include other appropriate referrals. The statement must be substantially in the following form:
"You are entitled to be free from abandonment, abuse, financial exploitation, and neglect. If there is a reason to believe that you have experienced abandonment, abuse, financial exploitation, or neglect, you have the right to:
(a) Make a report to the department of social and health services and law enforcement and share any information you believe could be relevant to the investigation, and identify any persons you believe could have relevant information.
(b) Be free from retaliation for reporting or causing a report of abandonment, abuse, financial exploitation, or neglect.
(c) Be treated with dignity and addressed with respectful language.
(d) Reasonable accommodation for your disability when reporting, and during investigations and administrative proceedings.
(e) Request an order that prohibits anyone who has abandoned, abused, financially exploited, or neglected you from remaining in your home, having contact with you, or accessing your money or property.
(f) Receive from the department of social and health services information and appropriate referrals to other agencies that can advocate, investigate, or take action.
(g) Be informed of the status of investigations, proceedings, court actions, and outcomes by the agency that is handling any case in which you are a victim.
(h) Request referrals for advocacy or legal assistance to help with safety planning, investigations, and hearings.
(i) Complain to the department of social and health services, formally or informally, about investigations or proceedings, and receive a prompt response."
(2) This section shall not be construed to create any new cause of action or limit any existing remedy.
NEW SECTION. Sec. 4. RCW 74.34.021 (Vulnerable adult‑-Definition) and 1999 c 336 s 6 are each repealed."
Correct the title.
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
Senator Keiser moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5042.
Senators Keiser and Becker spoke in favor of passage of the motion.
The President declared the question before the Senate to be the motion by Senator Keiser that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5042.
The motion by Senator Keiser carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5042 by voice vote.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5042, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5042, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Baumgartner, Baxter, Becker, Benton, Carrell, Chase, Conway, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and White
Excused: Senators Brown, Delvin, Hewitt and Zarelli
SUBSTITUTE SENATE BILL NO. 5042, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MESSAGE FROM THE HOUSE
April 5, 2011
MR. PRESIDENT:
The House passed ENGROSSED SENATE BILL NO. 5061 with the following amendment(s): 5061.E AMH CLIB H2511.1; 5061.E AMH TR H1934.2
On page 40, after line 23, insert the following:
"Sec. 49. RCW 46.16A.405 and 2010 c 161 s 437 are each amended to read as follows:
This chapter applies to the following:
(1) Campers are considered vehicles for the purposes of vehicle registration and license plate display, except for campers held as part of a manufacturer's or dealer's inventory that:
(a) Are unoccupied at all times;
(b) Have been issued a dated demonstration permit that is valid for no more than seventy-two hours. The permit must be carried in the vehicle on which the camper is mounted; and
(c) Are mounted on a properly registered vehicle.
(2) Mopeds are considered vehicles for the purposes of vehicle registration and license plate display. The department, county auditor or other agent, or subagent appointed by the director shall charge the fee required under RCW 46.17.200(1)(a) when issuing an original moped license plate. Mopeds are exempt from personal property taxes and vehicle excise taxes imposed under chapter 82.44 RCW.
(3) Wheelchair conveyances are considered vehicles for the purposes of vehicle registration and license plate display. Wheelchair conveyances that do not meet braking equipment requirements described in RCW 46.37.340 must be registered as mopeds.
Renumber the remaining sections consecutively, correct any internal references accordingly, and correct the title.
On page 44, after line 33, insert the following:
"Sec. 55. RCW 46.17.200 and 2010 c 161 s 518 are each amended to read as follows:
(1) In addition to all other fees and taxes required by law, the department, county auditor or other agent, or subagent appointed by the director shall charge:
(a) The following license plate fees for each license plate, unless the owner or type of vehicle is exempt from payment:
|
FEE TYPE |
FEE |
DISTRIBUTION |
|
Reflectivity |
$ 2.00 |
RCW 46.68.070 |
|
Replacement |
$ 10.00 |
RCW 46.68.070 |
|
Replacement, motorcycle |
$ 2.00 |
RCW 46.68.070 |
|
Original issue, moped |
$1.50 |
RCW 46.68.070 |
(b) A license plate retention fee, as required under RCW 46.16A.200(10)(a)(iii), of twenty dollars if the owner wishes to retain the current license plate number upon license plate replacement, unless the owner or type of vehicle is exempt from payment. The twenty dollar fee must be deposited in the multimodal transportation account created in RCW 47.66.070.
(c) A ten dollar license plate transfer fee, as required under RCW 46.16A.200(8)(a), when transferring standard issue license plates from one vehicle to another, unless the owner or type of vehicle is exempt from payment. The ten dollar license plate transfer fee must be deposited in the motor vehicle fund created in RCW 46.68.070.
(d) Former prisoner of war license plates, as described in RCW 46.18.235, may be transferred to a replacement vehicle upon payment of a five dollar license plate fee, in addition to any other fee required by law.
(2) The department may, upon request, provide license plates that have been used and returned to the department to individuals for nonvehicular use. The department may charge a fee of up to five dollars per license plate to cover costs or recovery for postage and handling. The department may waive the fee for license plates used in educational projects and may, by rule, provide standards for the fee waiver and restrictions on the number of license plates provided to any one person. The fee must be deposited in the motor vehicle fund created in RCW 46.68.070."
Renumber the remaining sections consecutively, correct any internal references accordingly, and correct the title.
On page 74, at the beginning of line 7, strike
"(1)" and insert "(((1)))"
On page 74, after line 22, strike all of subsection (2) and
insert the following:
"(((2) The vehicle identification number inspection fee created in
RCW 46.17.130 must be credited as follows:
(a) Fifteen dollars to the state patrol highway account created in RCW
46.68.030; and
(b) Fifty dollars to the motor vehicle fund created in RCW
46.68.070.))"
On page 76, line 25, after "section" insert "in the custody of the state treasurer"
On page 46, after line 25, insert the following:
"Sec. 58. RCW 46.17.315 and 2010 c 161 s 524 are each amended to read as follows:
(1) Before accepting an application for a motor vehicle base plated in the state of Washington that is subject to highway inspections and compliance reviews by the Washington state patrol under RCW 46.32.080 or the international registration plan if base plated in a foreign jurisdiction, the department, county auditor or other agent, or subagent appointed by the director shall require the applicant to pay a sixteen dollar commercial vehicle safety enforcement fee in addition to any other fees and taxes required by law. The sixteen dollar fee:
(a) Must be apportioned for those vehicles operating interstate and registered under the international registration plan;
(b) Does not apply to trailers; and
(c) Is not refundable when the motor vehicle is no longer subject to RCW 46.32.080.
(2) The department may deduct an amount equal to the cost of administering the program. All remaining fees must be deposited with the state treasurer and credited to the state patrol highway account of the motor vehicle fund created in RCW 46.68.070." Renumber the remaining sections consecutively, correct any internal references accordingly, and correct the title.
On page 49, line 10, after "$" strike "((25.00))"
and insert "25.00"
On page 49, line 11, strike "30.00"
On page 51, line 26, after "organizations,"
strike "the department," and insert "((the department,))"
On page 56, line 35, after "plates" insert "under subsection (2)(b) of this section"
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
Senator Haugen moved that the Senate concur in the House amendment(s) to Engrossed Senate Bill No. 5061.
Senator Haugen spoke in favor of the motion.
The President declared the question before the Senate to be the motion by Senator Haugen that the Senate concur in the House amendment(s) to Engrossed Senate Bill No. 5061.
The motion by Senator Haugen carried and the Senate concurred in the House amendment(s) to Engrossed Senate Bill No. 5061 by voice vote.
The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 5061, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5061, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Baumgartner, Baxter, Becker, Benton, Brown, Carrell, Chase, Conway, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and White
Excused: Senators Delvin, Hewitt and Zarelli
ENGROSSED SENATE BILL NO. 5061, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MESSAGE FROM THE HOUSE
April 9, 2011
MR. PRESIDENT:
The House passed SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5171 with the following amendment(s): 5171-S.E2 AMH ENGR H2266.E
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 29A.04.255 and 2004 c 266 s 5 are each amended to read as follows:
The secretary of state
or a county auditor shall accept and file in his or her office electronic ((facsimile))
transmissions of the following documents:
(1) Declarations of candidacy;
(2) County canvass reports;
(3) Voters' pamphlet statements;
(4) Arguments for and against ballot measures that will appear in a voters' pamphlet;
(5) Requests for recounts;
(6) Certification of candidates and measures by the secretary of state;
(7) Direction by the
secretary of state for the conduct of a ((mandatory)) recount;
(8) Requests for ((absentee))
ballots;
(9) Any other election
related document authorized by rule adopted by the secretary of state under RCW
((29A.04.610)) 29A.04.611.
The acceptance by the secretary of state or the county auditor is conditional upon the document being filed in a timely manner, being legible, and otherwise satisfying the requirements of state law or rules with respect to form and content.
((If the original copy of a document must be signed and a copy of the document is filed by facsimile transmission under this section, the original copy must be subsequently filed with the official with whom the facsimile was filed. The original copy must be filed by a deadline established by the secretary by rule.)) The secretary may by rule require that the original of any document, a copy of which is filed by ((facsimile)) electronic transmission under this section, also be filed by a deadline established by the secretary by rule.
Sec. 2. RCW 29A.04.311 and 2006 c 344 s 1 are each amended to read as follows:
((Nominating)) Primaries
for general elections to be held in November, and the election of precinct
committee officers, must be held on the ((third)) first Tuesday
of the preceding August.
Sec. 3. RCW 29A.04.321 and 2009 c 413 s 2 are each amended to read as follows:
(1) All state, county, city, town, and district general elections for the election of federal, state, legislative, judicial, county, city, town, and district officers, and for the submission to the voters of the state, county, city, town, or district of any measure for their adoption and approval or rejection, shall be held on the first Tuesday after the first Monday of November, in the year in which they may be called. A statewide general election shall be held on the first Tuesday after the first Monday of November of each year. However, the statewide general election held in odd-numbered years shall be limited to (a) city, town, and district general elections as provided for in RCW 29A.04.330, or as otherwise provided by law; (b) the election of federal officers for the remainder of any unexpired terms in the membership of either branch of the Congress of the United States; (c) the election of state and county officers for the remainder of any unexpired terms of offices created by or whose duties are described in Article II, section 15, Article III, sections 16, 17, 19, 20, 21, 22, and 23, and Article IV, sections 3 and 5 of the state Constitution and RCW 2.06.080; (d) the election of county officers in any county governed by a charter containing provisions calling for general county elections at this time; and (e) the approval or rejection of state measures, including proposed constitutional amendments, matters pertaining to any proposed constitutional convention, initiative measures and referendum measures proposed by the electorate, referendum bills, and any other matter provided by the legislature for submission to the electorate.
(2) A county legislative authority may call a special county election by presenting a resolution to the county auditor prior to the proposed election date. A special election called by the county legislative authority shall be held on one of the following dates as decided by such governing body:
(a) The second Tuesday in February;
(b) The third Tuesday in
April until January 1, 2013;
(c) The fourth Tuesday in April on or after January 1, 2013;
(((c))) (d)
The day of the primary as specified by RCW 29A.04.311; or
(((d))) (e)
The first Tuesday after the first Monday in November.
(3) A resolution calling
for a special election on a date set forth in subsection (2)(a) ((and (b)))
through (c) of this section must be presented to the county auditor at
least ((forty-five)) forty-six days prior to the election date.
A resolution calling for a special election on a date set forth in subsection
(2)(((c) or)) (d) of this section must be presented to the county
auditor ((at least eighty‑four days prior to the election date))
no later than the Friday immediately before the first day of regular
candidate filing. A resolution calling for a special election on a date set
forth in subsection (2)(e) of this section must be presented to the county
auditor no later than the day of the primary.
(4) In addition to the
dates set forth in subsection (2)(a) through (((d))) (e) of this
section, a special election to validate an excess levy or bond issue may be
called at any time to meet the needs resulting from fire, flood, earthquake, or
other act of God. Such county special election shall be noticed and conducted
in the manner provided by law.
(5) This section shall
supersede the provisions of any and all other statutes, whether general or
special in nature, having different dates for such city, town, and district
elections, the purpose of this section being to establish mandatory dates for
holding elections ((except for those elections held pursuant to a home-rule
charter adopted under Article XI, section 4 of the state Constitution)).
This section shall not be construed as fixing the time for holding primary
elections, or elections for the recall of any elective public officer.
Sec. 4. RCW 29A.04.330 and 2009 c 413 s 4, 2009 c 144 s 3, and 2009 c 413 s 3 are each reenacted and amended to read as follows:
(1) All city, town, and district general elections shall be held throughout the state of Washington on the first Tuesday following the first Monday in November in the odd-numbered years.
This section shall not apply to:
(a) Elections for the recall of any elective public officer;
(b) Public utility districts, conservation districts, or district elections at which the ownership of property within those districts is a prerequisite to voting, all of which elections shall be held at the times prescribed in the laws specifically applicable thereto;
(c) Consolidation proposals as provided for in RCW 28A.315.235 and nonhigh capital fund aid proposals as provided for in chapter 28A.540 RCW; and
(d) Special flood control districts consisting of three or more counties.
(2) The county auditor, as ex officio supervisor of elections, upon request in the form of a resolution of the governing body of a city, town, or district, presented to the auditor prior to the proposed election date, may call a special election in such city, town, or district, and for the purpose of such special election he or she may combine, unite, or divide precincts. Such a special election shall be held on one of the following dates as decided by the governing body:
(a) The second Tuesday in February;
(b) The third Tuesday in
April until January 1, 2013;
(c) The fourth Tuesday in April on or after January 1, 2013;
(((c))) (d)
The day of the primary election as specified by RCW 29A.04.311; or
(((d))) (e)
The first Tuesday after the first Monday in November.
(3) A resolution calling
for a special election on a date set forth in subsection (2)(a) ((and (b)))
through (c) of this section must be presented to the county auditor at
least ((forty-five)) forty-six days prior to the election date.
A resolution calling for a special election on a date set forth in subsection
(2)(((c) or)) (d) of this section must be presented to the county
auditor ((at least eighty‑four days prior to the election date))
no later than the Friday immediately before the first day of regular
candidate filing. A resolution calling for a special election on a date set
forth in subsection (2)(e) of this section must be presented to the county
auditor no later than the day of the primary.
(4) In addition to
subsection (2)(a) through (((d))) (e) of this section, a special
election to validate an excess levy or bond issue may be called at any time to
meet the needs resulting from fire, flood, earthquake, or other act of God,
except that no special election may be held between the first day for
candidates to file for public office and the last day to certify the returns of
the general election other than as provided in subsection (2)(((c) and))
(d) and (e) of this section. Such special election shall be conducted
and notice thereof given in the manner provided by law.
(5) This section shall supersede the provisions of any and all other statutes, whether general or special in nature, having different dates for such city, town, and district elections, the purpose of this section being to establish mandatory dates for holding elections.
Sec. 5. RCW 29A.16.040 and 2004 c 266 s 10 are each amended to read as follows:
The county legislative authority of each county in the state hereafter formed shall, at their first session, divide their respective counties into election precincts and establish the boundaries of the precincts. The county auditor shall thereupon designate the voting place for each such precinct or whether the precinct is a vote by mail precinct.
(1) Precinct boundaries
may be altered at any time as long as sufficient time exists prior to a given
election for the necessary procedural steps to be honored. Except as permitted
under subsection (5) of this section, no precinct ((boundaries)) changes
may be ((changed)) made during the period starting ((on the
thirtieth)) fourteen days prior to the first day for
candidates to file for the primary election and ending with the day of the
general election.
(2) The county legislative authority may establish by ordinance a limitation on the maximum number of active registered voters in each precinct within its jurisdiction. The limitation may be different for precincts based upon the method of voting used for such precincts and the number may be less than the number established by law, but in no case may the number exceed that authorized by law.
(3) Precincts in which voting machines or electronic voting devices are used may contain as many as nine hundred active registered voters. The number of poll-site ballot counting devices at each polling place is at the discretion of the auditor. The number of devices must be adequate to meet the expected voter turnout.
(4) On petition of twenty-five or more voters resident more than ten miles from any polling site, the county legislative authority shall establish a separate voting precinct therefor.
(5) The county auditor shall temporarily adjust precinct boundaries when a city or town annexes unincorporated territory to the city or town, or whenever unincorporated territory is incorporated as a city or town. The adjustment must be made as soon as possible after the approval of the annexation or incorporation. The temporary adjustment must be limited to the minimum changes necessary to accommodate the addition of the territory to the city or town, or to establish the eligible voters within the boundaries of the new city or town, and remains in effect only until precinct boundary modifications reflecting the annexation or incorporation are adopted by the county legislative authority.
(6) In determining the number of active registered voters for the purposes of this section, persons who are ongoing absentee voters under RCW 29A.40.040 shall not be counted. Nothing in this subsection may be construed as altering the vote tallying requirements of RCW 29A.60.230.
Sec. 6. RCW 29A.24.040 and 2006 c 344 s 5 are each amended to read as follows:
A candidate may file his or her declaration of candidacy for an office by electronic means on a system specifically designed and authorized by a filing officer to accept filings.
(1) Filings that are received electronically must capture all information specified in RCW 29A.24.031 (1) through (4).
(2) Electronic filing
may begin at 9:00 a.m. the first ((Monday in June)) day of the filing
period and continue through 4:00 p.m. the ((following Friday)) last
day of the filing period.
(((3) In case of special filing periods established in this chapter, electronic filings may be accepted beginning at 9:00 a.m. on the first day of the special filing period through 4:00 p.m. the last day of the special filing period.))
Sec. 7. RCW 29A.24.050 and 2006 c 344 s 6 are each amended to read as follows:
Except where otherwise
provided by this title, declarations of candidacy for the following offices
shall be filed during regular business hours with the filing officer ((no
earlier than the first Monday in June)) beginning the Monday two weeks
before Memorial day and ((no later than)) ending the following
Friday in the year in which the office is scheduled to be voted upon:
(1) Offices that are scheduled to be voted upon for full terms or both full terms and short terms at, or in conjunction with, a state general election; and
(2) Offices where a vacancy, other than a short term, exists that has not been filled by election and for which an election to fill the vacancy is required in conjunction with the next state general election.
This section supersedes all other statutes that provide for a different filing period for these offices.
Sec. 8. RCW 29A.24.131 and 2004 c 271 s 115 are each amended to read as follows:
A candidate may withdraw
his or her declaration of candidacy at any time before the close of business on
the ((Thursday)) Monday following the last day for candidates to
file under RCW 29A.24.050 by filing, with the officer with whom the declaration
of candidacy was filed, a signed request that his or her name not be printed on
the ballot. There shall be no withdrawal period for declarations of candidacy
filed during special filing periods held under this title. ((The filing
officer may permit the withdrawal of a filing for the office of precinct
committee officer at the request of the candidate at any time if no absentee
ballots have been issued for that office and the ballots for that precinct have
not been printed. The filing officer may permit the withdrawal of a filing for
any elected office of a city, town, or special district at the request of the
candidate at any time before a primary if the primary ballots for that city,
town, or special district have not been ordered.)) No filing fee may be
refunded to any candidate who withdraws under this section. Notice of the
deadline for withdrawal of candidacy and that the filing fee is not refundable
shall be given to each candidate at the time he or she files.
Sec. 9. RCW 29A.24.141 and 2004 c 271 s 162 are each amended to read as follows:
A void in candidacy ((for
a nonpartisan office)) occurs when an election ((for such office, except
for the short term,)) has been scheduled and no valid declaration of
candidacy has been filed for the position or all persons filing such valid
declarations of candidacy have died or been disqualified.
Sec. 10. RCW 29A.24.171 and 2006 c 344 s 7 are each amended to read as follows:
((Filings for a
nonpartisan office shall be reopened for a period of three normal business
days, such three-day period to be fixed by the election officer with whom such
declarations of candidacy are filed and notice thereof given by notifying
press, radio, and television in the county and by such other means as may now
or hereafter be provided by law whenever before the eleventh Tuesday prior to a
primary:
(1) A void in candidacy occurs;
(2) A vacancy occurs in any nonpartisan office leaving an unexpired term
to be filled by an election for which filings have not been held; or
(3) A nominee for judge of the superior court entitled to a certificate
of election pursuant to Article 4, section 29, Amendment 41 of the state
Constitution, dies or is disqualified.
Candidacies validly filed within said three-day period shall appear on
the ballot as if made during the earlier filing period.)) (1) If, prior to
the first day of the regular filing period, a vacancy occurs in an office that
is not scheduled to appear on the general election ballot, leaving an unexpired
term for which a successor must be elected at the next general election,
filings for that office shall be accepted during the regular filing period.
The filing officer shall provide notice of the vacancy and filing period to
newspapers, radio, and television in the county, and online. The position shall
appear on the primary and general election ballots unless no primary is
required or unless a candidate for superior court judge is entitled to a
certificate of election pursuant to Article 4, section 29 of the state
Constitution.
(2) If, on the first day of the regular filing period or later, a vacancy
occurs in an office that is not scheduled to appear on the general election
ballot, leaving an unexpired term, the election of the successor shall occur at
the next succeeding general election that the office is allowed by law to have
an election.
Sec. 11. RCW 29A.24.181 and 2006 c 344 s 8 are each amended to read as follows:
((Filings for a
nonpartisan office (other than judge of the supreme court or superintendent of
public instruction))) (1) If a void in candidacy occurs following the
regular filing period and deadline to withdraw, but prior to the day of the
primary, filings for that office shall be reopened for a period of three normal
business days, such three-day period to be fixed by the ((election officer
with whom such declarations of candidacy are filed and notice thereof given by
notifying press, radio, and television in the county and by such other means as
may now or hereafter be provided by law, when:
(1) A void in candidacy for such nonpartisan office occurs on or after
the eleventh Tuesday prior to a primary but prior to the eleventh Tuesday
before an election; or
(2) A nominee for judge of the superior court eligible after a
contested primary for a certificate of election by Article 4, section 29,
Amendment 41 of the state Constitution, dies or is disqualified within the
ten-day period immediately following the last day allotted for a candidate to
withdraw; or
(3) A vacancy occurs in any nonpartisan office on or after the
eleventh Tuesday prior to a primary but prior to the eleventh Tuesday before an
election leaving an unexpired term to be filled by an election for which
filings have not been held.
The candidate receiving a plurality of the votes cast for that office
in the general election shall be deemed elected.)) filing officer. The
filing officer shall provide notice of the special filing period to newspapers,
radio, and television in the county, and online. The candidate receiving a
plurality of the votes cast for that office in the general election is deemed
elected.
(2) This section does not apply to voids in candidacy in the office of
precinct committee officer, which are filled by appointment pursuant to RCW
29A.28.071.
Sec. 12. RCW 29A.24.191 and 2006 c 344 s 9 are each amended to read as follows:
A scheduled election
shall be lapsed, the office deemed stricken from the ballot, no purported
write-in votes counted, and no candidate certified as elected, when((:
(1) In an election for judge of the supreme court or superintendent of
public instruction, a void in candidacy occurs on or after the eleventh Tuesday
prior to a primary, public filings and the primary being an indispensable phase
of the election process for such offices;
(2) Except as otherwise specified in RCW 29A.24.181, a nominee for
judge of the superior court entitled to a certificate of election pursuant to
Article 4, section 29, Amendment 41 of the state Constitution dies or is
disqualified on or after the eleventh Tuesday prior to a primary;
(3) In other elections for nonpartisan office)) a void in
candidacy occurs ((or a vacancy occurs involving an unexpired term to be
filled on or after the eleventh Tuesday prior to an election)) following
the special three day filing period required by RCW 29A.24.181.
Sec. 13. RCW 29A.24.311 and 2004 c 271 s 117 are each amended to read as follows:
Any person who desires
to be a write-in candidate and have such votes counted at a primary or election
may file a declaration of candidacy with the officer designated in RCW
29A.24.070 not later than the day ((before the primary or election)) ballots
must be mailed according to RCW 29A.40.070. Declarations of candidacy for
write-in candidates must be accompanied by a filing fee in the same manner as
required of other candidates filing for the office as provided in RCW
29A.24.091.
Votes cast for write-in candidates who have filed such declarations of candidacy and write-in votes for persons appointed by major political parties pursuant to RCW 29A.28.021 need only specify the name of the candidate in the appropriate location on the ballot in order to be counted. Write-in votes cast for any other candidate, in order to be counted, must designate the office sought and position number or political party, if the manner in which the write-in is done does not make the office or position clear.
No person may file as a write-in candidate where:
(1) At a general election, the person attempting to file either filed as a write-in candidate for the same office at the preceding primary or the person's name appeared on the ballot for the same office at the preceding primary;
(2) The person attempting to file as a write-in candidate has already filed a valid write-in declaration for that primary or election, unless one or the other of the two filings is for the office of precinct committeeperson;
(3) The name of the person attempting to file already appears on the ballot as a candidate for another office, unless one of the two offices for which he or she is a candidate is precinct committeeperson.
The declaration of candidacy shall be similar to that required by RCW 29A.24.031. No write-in candidate filing under this section may be included in any voter's pamphlet produced under chapter 29A.32 RCW unless that candidate qualifies to have his or her name printed on the general election ballot. The legislative authority of any jurisdiction producing a local voter's pamphlet under chapter 29A.32 RCW may provide, by ordinance, for the inclusion of write-in candidates in such pamphlets.
Sec. 14. RCW 29A.28.041 and 2006 c 344 s 12 are each amended to read as follows:
(1) Whenever a vacancy occurs in the United States house of representatives or the United States senate from this state, the governor shall order a special election to fill the vacancy. Minor political party candidates and independent candidates may be nominated through the convention procedures provided in chapter 29A.20 RCW.
(2) Within ten days of such vacancy occurring, he or she shall issue a writ of election fixing a date for the ((special vacancy election not less than ninety days after the issuance of the writ, fixing a date for the primary for nominating major political party candidates for the special vacancy election not less than thirty days before the day fixed for holding the special vacancy election, fixing the dates for the special filing period, and designating the term or part of the term for which the vacancy exists)) primary at least seventy days after issuance of the writ, and fixing a date for the election at least seventy days after the date of the primary. If the vacancy is in the office of United States representative, the writ of election shall specify the congressional district that is vacant.
(3) If the vacancy
occurs less than ((six)) eight months before a state general
election and before the ((second Friday following the)) close of the
filing period for that general election, the special primary, special vacancy
election, and minor party and independent candidate nominating conventions must
be held in concert with the state primary and state general election in that
year.
(4) If the vacancy
occurs on or after the first day for filing under RCW 29A.24.050 and on or
before the ((second Friday following the)) close of the filing period, a
special filing period of three normal business days shall be fixed by the
governor and notice thereof given to all media, including press, radio, and
television within the area in which the vacancy election is to be held, to the
end that, insofar as possible, all interested persons will be aware of such
filing period. ((The last day of the filing period shall not be later than
the sixth Tuesday before the primary at which major political party candidates
are to be nominated.)) The names of major political party candidates who
have filed valid declarations of candidacy during this three-day period shall
appear on the approaching primary ballot. The requirements of RCW 29A.20.131
do not apply to a minor political party or independent candidate convention
held under this subsection.
(5) If the vacancy
occurs later than the ((second Friday following the)) close of the
filing period, a special primary((, special)) and vacancy
election((, and the minor party and independent candidate conventions))
to fill the position shall be held after the next state general election but,
in any event, no later than the ninetieth day following the November election.
Sec. 15. RCW 29A.36.010 and 2005 c 2 s 12 are each reenacted and amended to read as follows:
((On or before the
day following the last day allowed for candidates to withdraw under RCW
29A.24.130)) Not later than the Tuesday following the regular filing
period, the secretary of state shall certify to each county auditor a list
of the candidates who have filed declarations of candidacy in his or her office
for the primary. For each office, the certificate shall include the name of
each candidate, his or her address, and his or her party preference or
independent designation as shown on filed declarations.
Sec. 16. RCW 29A.40.070 and 2006 c 344 s 13 are each amended to read as follows:
(1) Except where a recount or litigation ((under RCW 29A.68.011)) is pending, the county auditor ((shall have sufficient absentee ballots available for absentee voters of that county, other than overseas voters and service voters, at least twenty days before any primary, general election, or special election. The county auditor)) must mail ((absentee)) ballots to each voter ((for whom the county auditor has received a request nineteen days before the primary or election)) at least eighteen days before ((the)) each primary or election, and as soon as possible for all subsequent registration changes. ((For a request for an absentee ballot received after the nineteenth day before the primary or election, the county auditor shall make every effort to mail ballots within one business day, and shall mail the ballots within two business days)).
(2) ((At least thirty days before any primary, general election, or special election, the county auditor shall mail ballots to all overseas and service voters.)) Except where a recount or litigation is pending, the county auditor must mail ballots to each service and overseas voter at least thirty days before each special election and at least forty-five days before each primary or general election. A request for a ballot made by an overseas or service voter after that day must be processed immediately.
(3) A registered voter
may obtain a replacement ballot if the ballot is destroyed, spoiled, lost, or
not received by the voter. The voter may obtain the ballot by telephone
request, by mail, electronically, or in person. The county auditor shall keep
a record of each request for a replacement ballot.
(4) Each county auditor shall certify to the office of the secretary of
state the dates the ballots ((prescribed in subsection (1) of this section
were available and)) were mailed, or the reason and date the ballots will
be mailed if the ballots were not mailed timely.
(((4) If absentee
ballots will not be available or mailed as prescribed in subsection (1) of this
section, the county auditor shall immediately certify to the office of the
secretary of state when absentee ballots will be available and mailed. Copies
of this certification must be provided to the county canvassing board, the
press, jurisdictions with issues on the ballot in the election, and any
candidates.
(5) If absentee ballots were not available or mailed as prescribed in
subsection (1) of this section, for a reason other than a recount or
litigation, the county auditor, in consultation with the certification and
training program of the office of the secretary of state, shall submit a report
to the office of the secretary of state outlining why the deadline was missed
and what corrective actions will be taken in future elections to ensure that
absentee ballots are available and mailed as prescribed in subsection (1) of
this section.
(6))) Failure to ((have absentee ballots available and mailed)) mail
ballots as prescribed in ((subsection (1) of)) this section does not by
itself provide a basis for an election contest or other legal challenge to the
results of a primary, general election, or special election.
Sec. 17. RCW 29A.40.091 and 2010 c 125 s 1 are each amended to read as follows:
(1) The county auditor shall send each voter a ballot, a
security envelope in which to seal the ballot after voting, a larger envelope
in which to return the security envelope, a declaration that the voter must
sign, and instructions on how to obtain information about the election,
how to mark the ballot, and how to return ((it)) the ballot
to the county auditor.
(2) The ((instructions that accompany a ballot for a partisan primary must include instructions for voting the applicable ballot style, as provided in chapter 29A.36 RCW. The voter's name and address must be printed on the larger return envelope, which must also contain a declaration by the voter reciting his or her qualifications and stating that he or she)) voter must swear under penalty of perjury that he or she meets the qualifications to vote, and has not voted in any other jurisdiction at this election((, together with a summary of the penalties for any violation of any of the provisions of this chapter)). The declaration must clearly inform the voter that it is illegal to vote if he or she is not a United States citizen; it is illegal to vote if he or she has been convicted of a felony and has not had his or her voting rights restored; and((, except as otherwise provided by law,)) it is illegal to cast a ballot or sign a return envelope on behalf of another voter. The ((return envelope must provide space for the)) voter ((to)) must indicate the date on which the ballot was voted and ((for the voter to)) sign the ((oath)) declaration. ((It)) The ballot materials must also contain a space so that the voter may include a telephone number. ((A summary of the applicable penalty provisions of this chapter must be printed on the return envelope immediately adjacent to the space for the voter's signature. The signature of the voter on the return envelope must affirm and attest to the statements regarding the qualifications of that voter and to the validity of the ballot. The return envelope may provide secrecy for the voter's signature and optional telephone number.))
(3) For overseas and service voters, the signed declaration
on the return envelope constitutes the equivalent of a voter registration for
the election or primary for which the ballot has been issued. Return
envelopes for overseas and service voters must enable the ballot to be returned
postage free if mailed through the United States postal service, United States
armed forces postal service, or the postal service of a United States foreign
embassy under 39 U.S.C. 3406.
(4) The voter must be instructed to either return the ballot to
the county auditor ((by whom it was issued)) no later than 8:00 p.m.
the day of the election or primary, or ((attach sufficient first-class
postage, if applicable, and)) mail the ballot to the ((appropriate))
county auditor with a postmark no later than the day of the election or
primary ((for which the ballot was issued.
If the county auditor chooses to forward ballots, he or she must
include with the ballot a clear explanation of the qualifications necessary to
vote in that election and must also advise a voter with questions about his or
her eligibility to contact the county auditor. This explanation may be
provided on the ballot envelope, on an enclosed insert, or printed directly on
the ballot itself. If the information is not included, the envelope must
clearly indicate that the ballot is not to be forwarded and that return postage
is guaranteed)). Service and overseas voters must be provided with
instructions and a secrecy cover sheet for returning the ballot and signed
declaration by fax or e-mail. A voted ballot and signed declaration returned
by fax or e- mail must be received by 8:00 p.m. on the day of the election or
primary.
Sec. 18. RCW 29A.40.110 and 2009 c 369 s 40 are each amended to read as follows:
(1) The opening and subsequent processing of return envelopes for any primary or election may begin upon receipt. The tabulation of absentee ballots must not commence until after 8:00 p.m. on the day of the primary or election.
(2) All received ((absentee))
return envelopes must be placed in secure locations from the time of delivery
to the county auditor until their subsequent opening. After opening the return
envelopes, the county canvassing board shall place all of the ballots in secure
storage until ((after 8:00 p.m. of the day of the primary or election)) processing.
((Absentee ballots that are to be tabulated on an electronic vote tallying
system)) Ballots may be taken from the inner envelopes and all the
normal procedural steps may be performed to prepare these ballots for tabulation.
(3) ((Before opening
a returned absentee ballot,)) The canvassing board, or its
designated representatives, shall examine the postmark((, statement,)) on
the return envelope and signature on the ((return envelope that contains
the security envelope and absentee ballot)) declaration before
processing the ballot. The ballot must either be received no later than 8:00
p.m. on the day of the primary or election, or must be postmarked no later than
the day of the primary or election. All personnel assigned to verify
signatures must receive training on statewide standards for signature
verification. Personnel shall verify that the voter's signature on the ((return
envelope)) ballot declaration is the same as the signature of that
voter in the registration files of the county. Verification may be conducted
by an automated verification system approved by the secretary of state. ((For
any absentee ballot,)) A variation between the signature of the
voter on the ((return envelope)) ballot declaration and the
signature of that voter in the registration files due to the substitution of
initials or the use of common nicknames is permitted so long as the surname and
handwriting are clearly the same.
(4) ((For registered
voters casting absentee ballots)) If the postmark is missing or
illegible, the date on the ((return envelope)) ballot declaration
to which the voter has attested determines the validity, as to the time of
voting, for that ((absentee)) ballot ((if the postmark is
missing or is illegible)). For overseas voters and service voters, the
date on the ((return envelope)) declaration to which the voter
has attested determines the validity, as to the time of voting,
for that ((absentee)) ballot. Any overseas voter or service voter
may return the signed declaration and voted ballot by fax or e-mail by 8:00
p.m. on the day of the primary or election, and the county auditor must use
established procedures to maintain the secrecy of the ballot.
Sec. 19. RCW 29A.56.030 and 2006 c 344 s 15 are each amended to read as follows:
The name of any candidate for a major political party nomination for president of the United States shall be printed on the presidential preference primary ballot of a major political party only:
(1) By direction of the secretary of state, who in the secretary's sole discretion has determined that the candidate's candidacy is generally advocated or is recognized in national news media; or
(2) If members of the
political party of the candidate have presented a petition for nomination of
the candidate that has attached to the petition a sheet or sheets containing
the signatures of at least one thousand registered voters who declare
themselves in the petition as being affiliated with the same political party as
the presidential candidate. The petition shall be filed with the secretary of
state not later than ((sixty)) seventy-five days before the
presidential preference primary. The signature sheets shall also contain the
residence address and name or number of the precinct of each registered voter
whose signature appears thereon and shall be certified in the manner prescribed
in RCW 29A.72.230 and 29A.72.240.
The secretary of state
shall place the name of the candidate on the ballot unless the candidate, at
least ((fifty-two)) sixty-seven days before the presidential
preference primary, executes and files with the secretary of state an affidavit
stating without qualification that he or she is not now and will not become a
candidate for the office of president of the United States at the forthcoming
presidential election. The secretary of state shall certify the names of all
candidates who will appear on the presidential preference primary ballot to the
respective county auditors on or before the fourth Tuesday in April of each
presidential election year.
Sec. 20. RCW 29A.60.190 and 2006 c 344 s 16 are each amended to read as follows:
(1) Except as provided
by subsection (((3))) (2) of this section, ((fifteen)) fourteen
days after a primary or special election and twenty-one days after a general
election, the county canvassing board shall complete the canvass and certify
the results. The county canvassing board must complete the canvass and
certify the results of the April 17, 2012, special election ten days after
election day. Each ((absentee)) ballot that was returned before ((the
closing of the polls)) 8:00 p.m. on the day of the special election,
general election, or primary, and each ((absentee)) ballot bearing a
postmark on or before the date of the ((primary or)) special
election, general election, or primary and received ((on or before
the date on which the primary or election is certified)) no later than
the day before certification, must be included in the canvass report.
(2) ((At the request of
a caucus of the state legislature, the county auditor shall transmit copies of
all unofficial returns of state and legislative primaries or elections prepared
by or for the county canvassing board to either the secretary of the senate or
the chief clerk of the house of representatives.
(3))) On or before the thirtieth day after an election conducted under
the instant runoff voting method for the pilot project authorized by RCW
29A.53.020, the canvassing board shall complete the canvass and certify the
results.
Sec. 21. RCW 29A.60.190 and 2006 c 344 s 17 are each amended to read as follows:
(((1) Fifteen)) Fourteen
days after a primary or special election and twenty-one days after a general
election, the county canvassing board shall complete the canvass and certify
the results. Each ((absentee)) ballot that was returned before ((the
closing of the polls)) 8:00 p.m. on the day of the special election, general
election, or primary, and each ((absentee)) ballot bearing a
postmark on or before the date of the ((primary or)) special
election, general election, or primary and received ((on or before
the date on which the primary or election is certified)) no later than
the day before certification, must be included in the canvass report.
(((2) At the request of a caucus of the state legislature, the county auditor shall transmit copies of all unofficial returns of state and legislative primaries or elections prepared by or for the county canvassing board to either the secretary of the senate or the chief clerk of the house of representatives.))
Sec. 22. RCW 29A.60.240 and 2003 c 111 s 1524 are each amended to read as follows:
The secretary of state
shall, as soon as possible but in any event not later than ((the third
Tuesday)) seventeen days following the primary, canvass and certify
the returns of all primary elections as to candidates for state offices, United
States senators and representatives in Congress, and all other candidates whose
district extends beyond the limits of a single county.
Sec. 23. RCW 29A.64.011 and 2004 c 271 s 177 are each amended to read as follows:
An officer of a
political party or any person for whom votes were cast in a primary who ((was
not declared nominated)) did not qualify for the general election
may file a written application for a recount of the votes or a portion of the
votes cast at that primary for all persons for whom votes were cast for ((nomination
to)) that office.
An officer of a political party or any person for whom votes were cast at any election may file a written application for a recount of the votes or a portion of the votes cast at that election for all candidates for election to that office.
Any group of five or more registered voters may file a written application for a recount of the votes or a portion of the votes cast upon any question or issue. They shall designate one of the members of the group as chair and shall indicate the voting residence of each member of the group.
An application for a recount of the votes cast for an office or on a ballot measure must be filed with the officer with whom filings are made for the jurisdiction.
An application for a recount must specify whether the recount will be done manually or by the vote tally system. A recount done by the vote tally system must use programming that recounts and reports only the office or ballot measure in question. The county shall also provide for a test of the logic and accuracy of that program.
An application for a
recount must be filed within ((three)) two business days after
the county canvassing board or secretary of state has declared the official
results of the primary or election for the office or issue for which the
recount is requested.
This chapter applies to the recounting of votes cast by paper ballots and to the recounting of votes recorded on ballots counted by a vote tally system.
Sec. 24. RCW 29A.64.030 and 2005 c 243 s 20 are each amended to read as follows:
An application for a recount shall state the office for which a recount is requested and whether the request is for all or only a portion of the votes cast in that jurisdiction of that office. The person filing an application for a manual recount shall, at the same time, deposit with the county canvassing board or secretary of state, in cash or by certified check, a sum equal to twenty-five cents for each ballot cast in the jurisdiction or portion of the jurisdiction for which the recount is requested as security for the payment of any costs of conducting the recount. If the application is for a machine recount, the deposit must be equal to fifteen cents for each ballot. These charges shall be determined by the county canvassing board or boards under RCW 29A.64.081.
The county canvassing
board shall determine the date, time, and place or places at which the recount
will be conducted. Not less than ((two days)) one day before the
date of the recount, the county auditor shall ((mail a notice of the time
and place of the recount to)) notify the applicant or affected
parties and, if the recount involves an office, to any person for whom votes
were cast for that office of the date, time, and place of the recount.
((The county auditor shall also notify the affected parties by either
telephone, fax, e-mail, or other electronic means at the time of mailing. At
least three attempts must be made over a two-day period to notify the affected
parties or until the affected parties have received the notification. Each
attempt to notify affected parties must request a return response indicating
that the notice has been received.)) Each person entitled to receive notice
of the recount may attend, witness the recount, and be accompanied by counsel.
Proceedings of the canvassing board are public under chapter 42.30 RCW. Subject to reasonable and equitable guidelines adopted by the canvassing board, all interested persons may attend and witness a recount.
Sec. 25. RCW 29A.68.011 and 2007 c 374 s 3 are each amended to read as follows:
Any justice of the supreme court, judge of the court of appeals, or judge of the superior court in the proper county shall, by order, require any person charged with error, wrongful act, or neglect to forthwith correct the error, desist from the wrongful act, or perform the duty and to do as the court orders or to show cause forthwith why the error should not be corrected, the wrongful act desisted from, or the duty or order not performed, whenever it is made to appear to such justice or judge by affidavit of an elector that:
(1) An error or omission has occurred or is about to occur in printing the name of any candidate on official ballots; or
(2) An error other than as provided in subsections (1) and (3) of this section has been committed or is about to be committed in printing the ballots; or
(3) The name of any person has been or is about to be wrongfully placed upon the ballots; or
(4) A wrongful act other than as provided for in subsections (1) and (3) of this section has been performed or is about to be performed by any election officer; or
(5) Any neglect of duty on the part of an election officer other than as provided for in subsections (1) and (3) of this section has occurred or is about to occur; or
(6) An error or omission has occurred or is about to occur in the official certification of the election.
An affidavit of an
elector under subsections (1) and (3) of this section when relating to a
primary election must be filed with the appropriate court no later than ((the
second Friday)) two days following the closing of the filing period
((for nominations)) for such office and shall be heard and finally
disposed of by the court not later than five days after the filing thereof. An
affidavit of an elector under subsections (1) and (3) of this section when
relating to a general election must be filed with the appropriate court no
later than three days following the official certification of the primary
election returns and shall be heard and finally disposed of by the court not
later than five days after the filing thereof. An affidavit of an elector
under subsection (6) of this section shall be filed with the appropriate court
no later than ten days following the official certification of the election as
provided in RCW 29A.60.190, 29A.60.240, or 29A.60.250 or, in the case of a
recount, ten days after the official certification of the amended abstract as
provided in RCW 29A.64.061.
Sec. 26. RCW 29A.76.010 and 2003 c 111 s 1901 are each amended to read as follows:
(1) It is the responsibility of each county, municipal corporation, and special purpose district with a governing body comprised of internal director, council, or commissioner districts not based on statutorily required land ownership criteria to periodically redistrict its governmental unit, based on population information from the most recent federal decennial census.
(2) Within forty-five days after receipt of federal decennial census information applicable to a specific local area, the commission established in RCW 44.05.030 shall forward the census information to each municipal corporation, county, and district charged with redistricting under this section.
(3) No later than eight months after its receipt of federal decennial census data, the governing body of the municipal corporation, county, or district shall prepare a plan for redistricting its internal or director districts.
(4) The plan shall be consistent with the following criteria:
(a) Each internal director, council, or commissioner district shall be as nearly equal in population as possible to each and every other such district comprising the municipal corporation, county, or special purpose district.
(b) Each district shall be as compact as possible.
(c) Each district shall consist of geographically contiguous area.
(d) Population data may not be used for purposes of favoring or disfavoring any racial group or political party.
(e) To the extent feasible and if not inconsistent with the basic enabling legislation for the municipal corporation, county, or district, the district boundaries shall coincide with existing recognized natural boundaries and shall, to the extent possible, preserve existing communities of related and mutual interest.
(5) During the adoption of its plan, the municipal corporation, county, or district shall ensure that full and reasonable public notice of its actions is provided. The municipal corporation, county, or district shall hold at least one public hearing on the redistricting plan at least one week before adoption of the plan.
(6)(a) Any registered
voter residing in an area affected by the redistricting plan may request review
of the adopted local plan by the superior court of the county in which he or
she resides, within ((forty-five)) fifteen days of the plan's
adoption. Any request for review must specify the reason or reasons alleged
why the local plan is not consistent with the applicable redistricting
criteria. The municipal corporation, county, or district may be joined as
respondent. The superior court shall thereupon review the challenged plan for
compliance with the applicable redistricting criteria set out in subsection (4)
of this section.
(b) If the superior court finds the plan to be consistent with the requirements of this section, the plan shall take effect immediately.
(c) If the superior court determines the plan does not meet the requirements of this section, in whole or in part, it shall remand the plan for further or corrective action within a specified and reasonable time period.
(d) If the superior court finds that any request for review is frivolous or has been filed solely for purposes of harassment or delay, it may impose appropriate sanctions on the party requesting review, including payment of attorneys' fees and costs to the respondent municipal corporation, county, or district.
Sec. 27. RCW 42.12.040 and 2006 c 344 s 29 and 2005 c 2 s 15 are each reenacted and amended to read as follows:
(1) If a vacancy occurs
in any partisan elective office in the executive or legislative branches of
state government or in any partisan county elective office before the ((eleventh
Tuesday prior to the primary for the next general election following the
occurrence of the vacancy,)) first day of the regular filing period, the
position must be open for filing during the regular filing period as provided
in RCW 29A.24.171 and a successor shall be elected ((to that office at
that)) at the general election. Except during the last year of the
term of office, if such a vacancy occurs on or after the ((eleventh Tuesday
prior to the primary for that general election)) first day of the
regular filing period, the election of the successor shall occur at the
next succeeding general election. The elected successor shall hold office for
the remainder of the unexpired term. This section shall not apply to any
vacancy occurring in a charter county which has charter provisions inconsistent
with this section.
(2) If a vacancy occurs in any legislative office or in any partisan county office after the general election in a year that the position appears on the ballot and before the start of the next term, the term of the successor who is of the same party as the incumbent may commence once he or she has qualified as defined in RCW 29A.04.133 and shall continue through the term for which he or she was elected.
Sec. 28. RCW 42.12.070 and 1994 c 223 s 1 are each amended to read as follows:
A vacancy on an elected nonpartisan governing body of a special purpose district where property ownership is not a qualification to vote, a town, or a city other than a first-class city or a charter code city, shall be filled as follows unless the provisions of law relating to the special district, town, or city provide otherwise:
(1) Where one position is vacant, the remaining members of the governing body shall appoint a qualified person to fill the vacant position.
(2) Where two or more positions are vacant and two or more members of the governing body remain in office, the remaining members of the governing body shall appoint a qualified person to fill one of the vacant positions, the remaining members of the governing body and the newly appointed person shall appoint another qualified person to fill another vacant position, and so on until each of the vacant positions is filled with each of the new appointees participating in each appointment that is made after his or her appointment.
(3) If less than two members of a governing body remain in office, the county legislative authority of the county in which all or the largest geographic portion of the city, town, or special district is located shall appoint a qualified person or persons to the governing body until the governing body has two members.
(4) If a governing body fails to appoint a qualified person to fill a vacancy within ninety days of the occurrence of the vacancy, the authority of the governing body to fill the vacancy shall cease and the county legislative authority of the county in which all or the largest geographic portion of the city, town, or special district is located shall appoint a qualified person to fill the vacancy.
(5) If the county legislative authority of the county fails to appoint a qualified person within one hundred eighty days of the occurrence of the vacancy, the county legislative authority or the remaining members of the governing body of the city, town, or special district may petition the governor to appoint a qualified person to fill the vacancy. The governor may appoint a qualified person to fill the vacancy after being petitioned if at the time the governor fills the vacancy the county legislative authority has not appointed a qualified person to fill the vacancy.
(6) As provided in ((RCW
29.15.190 and 29.21.410)) chapter 29A.24 RCW, each person who is
appointed shall serve until a qualified person is elected at the next election
at which a member of the governing body normally would be elected ((that
occurs twenty-eight or more days after the occurrence of the vacancy)). If
needed, special filing periods shall be authorized as provided in ((RCW
29.15.170 and 29.15.180)) chapter 29A.24 RCW for qualified persons
to file for the vacant office. A primary shall be held to ((nominate)) qualify
candidates if sufficient time exists to hold a primary and more than two
candidates file for the vacant office. Otherwise, a primary shall not be held
and the person receiving the greatest number of votes shall be elected. The
person elected shall take office immediately and serve the remainder of the
unexpired term.
If an election for the
position that became vacant would otherwise have been held at this general
election date, only one election to fill the position shall be held and the
person elected to fill the succeeding term for that position shall take office
immediately when qualified as defined in RCW ((29.01.135)) 29A.04.133
and shall service both the remainder of the unexpired term and the succeeding
term.
NEW SECTION. Sec. 29. The following acts or parts of acts are each repealed:
(1) RCW 29A.04.310 (Primaries) and 2005 c 2 s 8, 2003 c 111 s 143, 1977 ex.s. c 361 s 29, 1965 ex.s. c 103 s 6, & 1965 c 9 s 29.13.070;
(2) RCW 29A.24.151 (Notice of void in candidacy) and 2004 c 271 s 163;
(3) RCW 29A.24.161 (Filings to fill void in candidacy--How made) and 2004 c 271 s 164;
(4) RCW 29A.36.011 (Certifying primary candidates) and 2004 c 271 s 124; and
(5) RCW 29A.40.150 (Overseas, service voters) and 2009 c 415 s 12, 2006 c 206 s 7, 2005 c 245 s 1, 2003 c 111 s 1015, 1993 c 417 s 7, 1987 c 346 s 19, & 1983 1st ex.s. c 71 s 8.
NEW SECTION. Sec. 30. The following acts or parts of acts are each repealed:
(1) RCW 29A.24.210 (Vacancy in partisan elective office‑-Special filing period) and 2005 c 2 s 10 & 2003 c 111 s 621; and
(2) RCW 29A.24.211 (Vacancy in partisan elective office‑-Special filing period) and 2006 c 344 s 10 & 2004 c 271 s 116.
NEW SECTION. Sec. 31. Section 21 of this act takes effect July 1, 2013.
NEW SECTION. Sec. 32. Section 20 of this act expires July 1, 2013.
NEW SECTION. Sec. 33. Except for sections 10 through 12, 21, 27, 28, and 30 of this act, this act takes effect January 1, 2012.
NEW SECTION. Sec. 34. Sections 10 through 12, 27, 28, and 30 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately."
Correct the title.
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
Senator Pridemore moved that the Senate concur in the House amendment(s) to Second Engrossed Substitute Senate Bill No. 5171.
Senator Pridemore spoke in favor of the motion.
The President declared the question before the Senate to be the motion by Senator Pridemore that the Senate concur in the House amendment(s) to Second Engrossed Substitute Senate Bill No. 5171.
The motion by Senator Pridemore carried and the Senate concurred in the House amendment(s) to Second Engrossed Substitute Senate Bill No. 5171 by voice vote.
The President declared the question before the Senate to be the final passage of Second Engrossed Substitute Senate Bill No. 5171, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Second Engrossed Substitute Senate Bill No. 5171, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Baumgartner, Baxter, Becker, Benton, Brown, Carrell, Chase, Conway, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and White
Excused: Senators Delvin, Hewitt and Zarelli
SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5171, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MESSAGE FROM THE HOUSE
April 4, 2011
MR. PRESIDENT:
The House passed SUBSTITUTE SENATE BILL NO. 5065 with the following amendment(s): 5065-S AMH JUDI H2219.2
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 16.52.011 and 2009 c 287 s 1 are each amended to read as follows:
(1) Principles of liability as defined in chapter 9A.08 RCW apply to this chapter.
(2) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(a) "Abandons" means the knowing or reckless desertion of an animal by its owner or the causing of the animal to be deserted by its owner, in any place, without making provisions for the animal's adequate care.
(b) "Animal" means any nonhuman mammal, bird, reptile, or amphibian.
(c) "Animal care and control agency" means any city or county animal control agency or authority authorized to enforce city or county municipal ordinances regulating the care, control, licensing, or treatment of animals within the city or county, and any corporation organized under RCW 16.52.020 that contracts with a city or county to enforce the city or county ordinances governing animal care and control.
(d) "Animal control
officer" means any individual employed, contracted, or appointed pursuant
to RCW 16.52.025 by an animal care and control agency or humane society to aid
in the enforcement of ordinances or laws regulating the care and control of
animals. For purposes of this chapter, the term "animal control officer"
shall be interpreted to include "humane officer" as defined in (((f)))
(g) of this subsection and RCW 16.52.025.
(e) "Euthanasia" means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that causes painless loss of consciousness, and death during the loss of consciousness.
(f) "Food"
means food or feed appropriate to the species for which it is intended.
(g) "Humane officer" means any individual employed,
contracted, or appointed by an animal care and control agency or humane society
as authorized under RCW 16.52.025.
(((g))) (h)
"Law enforcement agency" means a general authority Washington law
enforcement agency as defined in RCW 10.93.020.
(((h))) (i)
"Necessary food" means the provision at suitable intervals of
wholesome foodstuff suitable for the animal's age and species and that is
sufficient to provide a reasonable level of nutrition for the animal and is
easily accessible to the animal.
(((i))) (j)
"Necessary water" means water that is in sufficient quantity and of
appropriate quality for the species for which it is intended and that is
accessible to the animal.
(k) "Owner" means a person who has a right, claim, title, legal
share, or right of possession to an animal or a person having lawful control,
custody, or possession of an animal.
(((j))) (l)
"Person" means individuals, corporations, partnerships, associations,
or other legal entities, and agents of those entities.
(((k))) (m)
"Similar animal" means ((an animal classified in the same genus)):
(i) For a mammal, another animal that is in the same taxonomic order; or (ii)
for an animal that is not a mammal, another animal that is in the same
taxonomic class.
(((l))) (n)
"Substantial bodily harm" means substantial bodily harm as defined in
RCW 9A.04.110.
Sec. 2. RCW 16.52.015 and 2003 c 53 s 110 are each amended to read as follows:
(1) Law enforcement agencies and animal care and control agencies may enforce the provisions of this chapter. Animal care and control agencies may enforce the provisions of this chapter in a county or city only if the county or city legislative authority has entered into a contract with the agency to enforce the provisions of this chapter.
(2) Animal control officers enforcing this chapter shall comply with the same constitutional and statutory restrictions concerning the execution of police powers imposed on law enforcement officers who enforce this chapter and other criminal laws of the state of Washington.
(3) Animal control officers have the following enforcement powers when enforcing this chapter:
(a) The power to issue
citations based on probable cause to offenders for civil infractions and
misdemeanor and gross misdemeanor violations of this chapter or RCW 9.08.070
through 9.08.078 or ((81.56.120)) 81.48.070;
(b) The power to cause a
law enforcement officer to arrest and take into custody any person the animal
control officer has probable cause to believe has committed or is committing a
violation of this chapter or RCW 9.08.070 or ((81.56.120)) 81.48.070.
Animal control officers may make an oral complaint to a prosecuting attorney or
a law enforcement officer to initiate arrest. The animal control officer
causing the arrest shall file with the arresting agency a written complaint
within twenty-four hours of the arrest, excluding Sundays and legal holidays,
stating the alleged act or acts constituting a violation;
(c) The power to carry nonfirearm protective devices for personal protection;
(d) The power to prepare
affidavits in support of search warrants and to execute search warrants when
accompanied by law enforcement officers to investigate violations of this
chapter or RCW 9.08.070 or ((81.56.120)) 81.48.070, and to seize
evidence of those violations.
(4) Upon request of an
animal control officer who has probable cause to believe that a person has
violated this chapter or RCW 9.08.070 or ((81.56.120)) 81.48.070,
a law enforcement agency officer may arrest the alleged offender.
Sec. 3. RCW 16.52.085 and 2009 c 287 s 2 are each amended to read as follows:
(1) If a law enforcement
officer or animal control officer has probable cause to believe that an owner
of a domestic animal has violated this chapter or ((owns or possesses)) a
person owns, cares for, or resides with an animal in violation of an order
issued under RCW 16.52.200(((3))) (4) and no responsible person
can be found to assume the animal's care, the officer may authorize, with a
warrant, the removal of the animal to a suitable place for feeding and care, or
may place the animal under the custody of an animal care and control agency.
In determining what is a suitable place, the officer shall consider the
animal's needs, including its size and behavioral characteristics. An officer
may remove an animal under this subsection without a warrant only if the animal
is in an immediate life- threatening condition.
(2) If a law enforcement officer or an animal control officer has probable cause to believe a violation of this chapter has occurred, the officer may authorize an examination of a domestic animal allegedly neglected or abused in violation of this chapter by a veterinarian to determine whether the level of neglect or abuse in violation of this chapter is sufficient to require removal of the animal. This section does not condone illegal entry onto private property.
(3) Any owner whose domestic animal is removed pursuant to this chapter shall be given written notice of the circumstances of the removal and notice of legal remedies available to the owner. The notice shall be given by posting at the place of seizure, by delivery to a person residing at the place of seizure, or by registered mail if the owner is known. In making the decision to remove an animal pursuant to this chapter, the officer shall make a good faith effort to contact the animal's owner before removal.
(4) The agency having
custody of the animal may euthanize the animal or may find a responsible person
to adopt the animal not less than fifteen business days after the animal is
taken into custody. A custodial agency may euthanize severely injured,
diseased, or suffering animals at any time. An owner may prevent the animal's
destruction or adoption by: (a) Petitioning the district court of the county
where the animal was seized for the animal's immediate return subject to
court-imposed conditions, or (b) posting a bond or security in an amount
sufficient to provide for the animal's care for a minimum of thirty days from
the seizure date. If the custodial agency still has custody of the animal when
the bond or security expires, the animal shall become the agency's property
unless the court orders an alternative disposition. If a court order prevents
the agency from assuming ownership and the agency continues to care for the
animal, the court shall order the owner to renew a bond or security for the
agency's continuing costs for the animal's care. When a court has prohibited
the owner from owning ((or possessing)), caring for, or residing with
a similar animal under RCW 16.52.200(((3))) (4), the agency
having custody of the animal may assume ownership upon seizure and the owner
may not prevent the animal's destruction or adoption by petitioning the court
or posting a bond.
(5) If no criminal case is filed within fourteen business days of the animal's removal, the owner may petition the district court of the county where the animal was removed for the animal's return. The petition shall be filed with the court, with copies served to the law enforcement or animal care and control agency responsible for removing the animal and to the prosecuting attorney. If the court grants the petition, the agency which seized the animal must deliver the animal to the owner at no cost to the owner. If a criminal action is filed after the petition is filed but before the animal is returned, the petition shall be joined with the criminal matter.
(6) In a motion or petition for the animal's return before a trial, the burden is on the owner to prove by a preponderance of the evidence that the animal will not suffer future neglect or abuse and is not in need of being restored to health.
(7) Any authorized person treating or attempting to restore an animal to health under this chapter shall not be civilly or criminally liable for such action.
Sec. 4. RCW 16.52.200 and 2009 c 287 s 3 are each amended to read as follows:
(1) The sentence imposed for a misdemeanor or gross misdemeanor violation of this chapter may be deferred or suspended in accordance with RCW 3.66.067 and 3.66.068, however the probationary period shall be two years.
(2) In case of multiple misdemeanor or gross misdemeanor convictions, the sentences shall be consecutive, however the probationary period shall remain two years.
(3) In addition to the
penalties imposed by the court, the court shall order the forfeiture of all
animals held by law enforcement or animal care and control authorities under
the provisions of this chapter if any one of the animals involved dies as a
result of a violation of this chapter or if the defendant has a prior
conviction under this chapter. In other cases the court may enter an order
requiring the owner to forfeit the animal if the court deems the animal's
treatment to have been severe and likely to reoccur. ((If forfeiture is
ordered, the owner))
(4) Any person convicted of
animal cruelty shall be prohibited
from owning ((or)), caring for, or residing with any
similar animals for a period of time as follows:
(a) Two years for a first conviction of animal cruelty in the second degree under RCW 16.52.207;
(b) Permanently for a first conviction of animal cruelty in the first degree under RCW 16.52.205;
(c) Permanently for a
second or subsequent conviction of animal cruelty, except as provided in
subsection (((4))) (5) of this section.
(((4))) (5)
If a person has no more than two convictions of animal cruelty and each
conviction is for animal cruelty in the second degree, the person may petition
the sentencing court in which the most recent animal cruelty conviction
occurred, for a restoration of the right to own or possess a similar animal
five years after the date of the second conviction. In determining whether to
grant the petition, the court shall consider, but not be limited to, the
following:
(a) The person's prior animal cruelty in the second degree convictions;
(b) The type of harm or violence inflicted upon the animals;
(c) Whether the person
has completed the conditions imposed by the court as a result of the underlying
convictions; ((and))
(d) Whether the
person complied with the prohibition on owning, caring for, or residing with
similar animals; and
(e) Any other matters the court finds reasonable and material to
consider in determining whether the person is likely to abuse another animal.
The court may delay its decision on forfeiture under subsection (3) of this section until the end of the probationary period.
(((5))) (6)
In addition to fines and court costs, the defendant, only if convicted or in
agreement, shall be liable for reasonable costs incurred pursuant to this
chapter by law enforcement agencies, animal care and control agencies, or
authorized private or public entities involved with the care of the animals.
Reasonable costs include expenses of the investigation, and the animal's care,
euthanization, or adoption.
(((6))) (7)
If convicted, the defendant shall also pay a civil penalty of one thousand
dollars to the county to prevent cruelty to animals. These funds shall be used
to prosecute offenses under this chapter and to care for forfeited animals
pending trial.
(((7))) (8) If a
person violates the prohibition on owning, caring for, or residing with similar
animals under subsection (4) of this section, that person:
(a) Shall pay a civil penalty of one thousand dollars for the first
violation;
(b) Shall pay a civil penalty of two thousand five hundred dollars for
the second violation; and
(c) Is guilty of a gross misdemeanor for the third and each subsequent
violation.
(9) As a condition of the sentence imposed under this chapter or RCW
9.08.070 through 9.08.078, the court may also order the defendant to
participate in an available animal cruelty prevention or education program or
obtain available psychological counseling to treat mental health problems
contributing to the violation's commission. The defendant shall bear the costs
of the program or treatment.
Sec. 5. RCW 16.52.207 and 2007 c 376 s 1 are each amended to read as follows:
(1) A person is guilty of animal cruelty in the second degree if, under circumstances not amounting to first degree animal cruelty, the person knowingly, recklessly, or with criminal negligence inflicts unnecessary suffering or pain upon an animal.
(2) An owner of an animal is guilty of animal cruelty in the second degree if, under circumstances not amounting to first degree animal cruelty, the owner knowingly, recklessly, or with criminal negligence:
(a) Fails to provide the animal with necessary shelter, rest, sanitation, space, or medical attention and the animal suffers unnecessary or unjustifiable physical pain as a result of the failure;
(b) Under circumstances not amounting to animal cruelty in the second degree under (c) of this subsection, abandons the animal; or
(c) Abandons the animal and (i) as a result of being abandoned, the animal suffers bodily harm; or (ii) abandoning the animal creates an imminent and substantial risk that the animal will suffer substantial bodily harm.
(3)(((a))) Animal
cruelty in the second degree ((under subsection (1), (2)(a), or (2)(b) of
this section)) is a gross misdemeanor.
(((b) Animal cruelty in the second degree under subsection (2)(c) of this section is a gross misdemeanor.))
(4) In any prosecution of animal cruelty in the second degree under subsection (1) or (2)(a) of this section, it shall be an affirmative defense, if established by the defendant by a preponderance of the evidence, that the defendant's failure was due to economic distress beyond the defendant's control."
Correct the title.
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
Senator Carrell moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5065.
Senator Carrell spoke in favor of the motion.
The President declared the question before the Senate to be the motion by Senator Carrell that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5065.
The motion by Senator Carrell carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5065 by voice vote.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5065, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No 5065, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Baumgartner, Baxter, Becker, Benton, Brown, Carrell, Chase, Conway, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and White
Excused: Senators Delvin, Hewitt and Zarelli
SUBSTITUTE SENATE BILL NO. 5065, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MESSAGE FROM THE HOUSE
April 6, 2011
MR. PRESIDENT:
The House passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5098 with the following amendment(s): 5098-S.E AMH ENGR H2394.E
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 42.56.230 and 2010 c 106 s 102 are each amended to read as follows:
The following personal information is exempt from public inspection and copying under this chapter:
(1) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients;
(2) Personal
information, including but not limited to, addresses, telephone numbers,
personal electronic mail addresses, social security numbers, emergency contact
and date of birth information for a participant in a public or nonprofit
program serving or pertaining to children, adolescents, or students, including
but not limited to early learning or child care services, parks and recreation
programs, youth development programs, and after-school programs. Emergency
contact information may be provided to appropriate authorities and medical
personnel for the purpose of treating the individual during an emergency
situation;
(3) Personal information in files maintained for employees, appointees,
or elected officials of any public agency to the extent that disclosure would
violate their right to privacy;
(((3))) (4)
Information required of any taxpayer in connection with the assessment or
collection of any tax if the disclosure of the information to other persons
would: (a) Be prohibited to such persons by RCW 84.08.210, 82.32.330,
84.40.020, 84.40.340, or any ordinance authorized under RCW 35.102.145; or (b)
violate the taxpayer's right to privacy or result in unfair competitive
disadvantage to the taxpayer;
(((4))) (5)
Credit card numbers, debit card numbers, electronic check numbers, card
expiration dates, or bank or other financial account numbers, except when
disclosure is expressly required by or governed by other law;
(((5))) (6)
Personal and financial information related to a small loan or any system of
authorizing a small loan in RCW 31.45.093; and
(((6))) (7)
Documents and related materials and scanned images of documents and related
materials used to prove identity, age, residential address, social security
number, or other personal information required to apply for a driver's license
or identicard."
Correct the title.
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
Senator Pridemore moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5098.
Senator Pridemore spoke in favor of the motion.
The President declared the question before the Senate to be the motion by Senator Pridemore that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5098.
The motion by Senator Pridemore carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 5098 by voice vote.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5098, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5098, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.
Voting yea: Senators Baumgartner, Baxter, Becker, Benton, Brown, Carrell, Chase, Conway, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hill, Hobbs, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and White
Voting nay: Senator Holmquist Newbry
Excused: Senators Delvin, Hewitt and Zarelli
ENGROSSED SUBSTITUTE SENATE BILL NO. 5098, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MESSAGE FROM THE HOUSE
April 9, 2011
MR. PRESIDENT:
The House passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5122 with the following amendment(s): 5122-S.E AMH HINK MORI 073
On page 33, after line 14, insert the following:
"NEW SECTION. Sec. 18. A new section is added to chapter 48.43 RCW to read as follows:
Health care sharing ministries are not health carriers as defined in RCW 48.43.005 or insurers as defined in RCW 48.01.050. For purposes of this section, "health care sharing ministry" has the same meaning as in 26 U.S.C. Sec. 5000A."
Renumber the remaining sections consecutively and correct any internal references accordingly.
Correct the title.
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
Senator Keiser moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5122.
Senators Keiser and Baxter spoke in favor of the motion.
The President declared the question before the Senate to be the motion by Senator Keiser that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5122.
The motion by Senator Keiser carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 5122 by voice vote.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5122, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5122, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 2; Absent, 0; Excused, 3.
Voting yea: Senators Baxter, Becker, Benton, Brown, Carrell, Chase, Conway, Eide, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and White
Voting nay: Senators Baumgartner and Ericksen
Excused: Senators Delvin, Hewitt and Zarelli
ENGROSSED SUBSTITUTE SENATE BILL NO. 5122, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
PERSONAL PRIVILEGE
Senator Eide: “We’d just like to thank you for putting up with us and our red hats and ties. I know have decorum.”
PERSONAL PRIVILEGE
Senator Chase: “We like your tie too.”
REPLY BY THE PRESIDENT
President Owen: “Well thank you very much.”
MOTION
At 11:13 a.m., on motion of Senator Eide, the Senate adjourned until 10:00 a.m. Friday, April 15, 2011.
BRAD OWEN, President of the Senate
THOMAS HOEMANN, Secretary of the Senate
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9163 Elizabeth K. Jensen
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MESSAGE FROM GOVERNOR
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PRESIDENT OF THE SENATE
Intro. Special Guests, students from Denmark, Lt. Governor's daughter and granddaughter 4
Reply by the President.................................................... 4, 38
WASHINGTON STATE SENATE
Personal Privilege, Senator Baumgartner................................ 4
Personal Privilege, Senator Chase........................................ 38
Personal Privilege, Senator Eide........................................... 38
Personal Privilege, Senator Haugen........................................ 4
Personal Privilege, Senator Rockefeller.................................. 4
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