SIXTY SECOND LEGISLATURE - REGULAR SESSION

 

 

House Chamber, Olympia, Thursday, February 23, 2012

 

The House was called to order at 9:55 a.m. by the Speaker (Representative Roberts presiding).

 

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

 

RESOLUTION

 

 HOUSE RESOLUTION NO. 4666, by Representatives Wilcox, Alexander, McCune, Zeiger, Dammeier, and Dahlquist

 

      WHEREAS, A dedicated and heroic Mount Rainier National Park Ranger gave her life in the line of duty on January 1, 2012; and 

      WHEREAS, Ranger Margaret Anderson was fatally shot during a selfless act that almost certainly saved the lives of many park visitors, including children; and

      WHEREAS, Mount Rainier park rangers have a duty to courageously face dangers whenever they encounter a threat; and

      WHEREAS, Margaret Anderson's fellow rangers have lost a good friend and respected colleague; and

      WHEREAS, Ranger Margaret Anderson leaves behind a husband, Eric Anderson, who is also a ranger at Mount Rainier, and two daughters, Kathryn Paige, age 1 and Annalise Rose, age 3; and

      WHEREAS, Our state and our nation mourn the loss of a good, brave ranger, and a compassionate and kind individual;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives honor the life of Ranger Margaret Anderson for her devotion and exceptional commitment to public service and her family; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Eric Anderson, Mount Rainier National Park Superintendent Randy King, and National Park Service Director Jonathan Jarvis.

 

      The Speaker (Representative Roberts presiding) stated the question before the House to be adoption of House Resolution No. 4666

 

HOUSE RESOLUTION NO. 4666 was adopted

 

RESOLUTION

 

 HOUSE RESOLUTION NO. 4673, by Representative Probst

 

      WHEREAS, Tens of thousands of Washington motorcyclists travel the roads, streets, and highways of the Evergreen State in their regular work and school commutes, and in their weekend adventures and vacation rides; and

      WHEREAS, Motorcycles are fuel efficient, congestion-busting users of our transportation infrastructure for which they help provide funding; and

      WHEREAS, Our state and nation are world leaders in motorcycle safety and licensing, and in rider training and public awareness; and

      WHEREAS, The vast majority of the members of the motorcycling community are genuinely committed to upholding safe and sane policies and procedures for themselves and their passengers, and certainly also for their fellow motorists with whom they share the highways and roads of our state; and

      WHEREAS, A recent comprehensive study of crashes involving motorcycles and motor vehicles, the "Motorcycle Accident Cause Factors and Identification of Countermeasures" report, found that, in approximately two-thirds of the cases, the driver of the car, pickup, or some other motor vehicle was in fact the cause of the crash; and

      WHEREAS, A stronger emphasis on motorcycle safety and awareness will make our roads, streets, and highways safer for everyone; and

      WHEREAS, Although every day of the year, in a very real sense, can and must be considered "Motorcycle Safety Awareness Day," the month of May is set aside at the national level for special and particular emphasis on both safety on the part of riders of the road and respect from their fellow users of the road; and

      WHEREAS, The month of May enjoys a special status as Motorcycle Safety Awareness Month;

      NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives joins the rest of the state and nation in saluting and celebrating the month of May as Motorcycle Safety Awareness Month; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted to the AAA Washington office, the ABATE of Washington office, and the headquarters of the Washington State Patrol and the Washington State Department of Transportation.

 

      The Speaker (Representative Roberts presiding) stated the question before the House to be adoption of House Resolution No. 4673

 

HOUSE RESOLUTION NO. 4673 was adopted

 

RESOLUTION

 

 HOUSE RESOLUTION NO. 4674, by Representative Sullivan

 

      WHEREAS, Arthritis encompasses more than 100 diseases and conditions that affect the joints, tissues surrounding the joints, and other organs; and

      WHEREAS, The most common forms of arthritis include osteoarthritis, rheumatoid arthritis, fibromyalgia, gout, psoriatic arthritis, and lupus; and

      WHEREAS, Over 50 million American adults, including 1.3 million in Washington, live with the pain and limitations of some form of the disease; and

      WHEREAS, Nearly 300,000 American children, including 6,100 children in Washington, live with arthritis; and

      WHEREAS, Arthritis is our nation's leading cause of disability and a principal driver of health care costs; and

      WHEREAS, Early diagnosis and appropriate management can help people with arthritis decrease pain, improve function, stay productive, and lower health care costs; and

      WHEREAS, The federal government recognizes May as Arthritis Awareness Month;

      NOW, THEREFORE, BE IT RESOLVED, That Arthritis Awareness Month is an opportunity to increase awareness of the disease and recognize the importance of seeking appropriate treatment to minimize its disabling impact on daily lives.

 

       The Speaker (Representative Roberts presiding) stated the question before the House to be adoption of House Resolution No. 4674

 

HOUSE RESOLUTION NO. 4674 was adopted

 

RESOLUTION

 

 HOUSE RESOLUTION NO. 4675, by Representatives Cody and Alexander

 

      WHEREAS, Charles "Chuck" Hawley was a devoted husband, loving father, proud grandfather, and compassionate friend; and

      WHEREAS, Chuck Hawley worked tirelessly to improve the well-being of all Washingtonians but especially the state's seniors; and

      WHEREAS, Chuck Hawley spent countless hours reworking the long-term care statutes in Washington, helping to ensure every senior had access to affordable, high quality, skilled nursing care; and

      WHEREAS, Chuck Hawley helped to found the state's only PACE program, ensuring access to high quality care for our most frail and vulnerable seniors; and

      WHEREAS, Chuck Hawley helped to found the assisted living model in Washington State including helping Washington State lead the nation in funding assisted living as a viable option for long-term care for our Medicaid eligible seniors; and

      WHEREAS, Chuck Hawley helped to found numerous independent, supportive housing ministries for extremely low-income seniors in communities across our state; and

      WHEREAS, Chuck Hawley encouraged collaboration among all providers, ensuring the focus was always on meeting the needs of the poor and vulnerable; and

      WHEREAS, Chuck Hawley was a visionary leader who understood the value of the continuum of care, created an integrated system of care focused on access and accountability way ahead of his time, and helped to start today's conversations on accountable care and medical homes; and

      WHEREAS, Chuck Hawley embodied servant leadership and brought out the best in all people guided by his deep spiritual beliefs and the Mission of Providence; and

      WHEREAS, Chuck Hawley understood that hospitalization is a rare event but housing, home health, primary care, palliative care, and hospice care are the realities of a quality life; and

      WHEREAS, Given Chuck's intellect and passion to ensure appropriate funding for nursing homes to provide quality services to those they served, Chuck was one of a handful of experts that understood the complexities of an arcane nursing facility payment system; and

      WHEREAS, Because of his unfailing integrity and keen intellect, when Chuck spoke, policymakers listened; and

      WHEREAS, Chuck Hawley understood better than anyone, the importance and practicality of the fleece vest as a staple in any Pacific Northwest wardrobe; and

      WHEREAS, Chuck Hawley proved on multiple occasions that it is possible to get to the Capitol from the Nisqually Flat to Olympia in five minutes flat;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives honor the life of Charles "Chuck" Hawley and recognize his service and contributions to our state's citizens.

 

The Speaker (Representative Roberts presiding) stated the question before the House to be adoption of House Resolution No. 4675.

 

HOUSE RESOLUTION NO. 4675 was adopted.

 

RESOLUTION

 

 HOUSE RESOLUTION NO. 4676, by Representative Chopp

 

      WHEREAS, On May 22, 2011, the Washington Conservation Corps team responded immediately to news of tornado devastation in Joplin, Missouri, by driving through the night to the area affected; and

      WHEREAS, The Washington Conservation Corps team took a lead role in the Joplin tornado relief effort for more than two weeks, supervising debris removal, conducting damage assessments, clearing paths so that local first responders could navigate through homes and businesses to rescue victims, and operating volunteer intake stations and missing persons hotlines; and

      WHEREAS, In total, the Washington Conservation Corps team contributed nearly 4,200 hours of service on tornado response in Missouri, and in their 36 days of being deployed, the team only spent 3 days in rest; and

      WHEREAS, The Missouri State Legislature has declared that the AmeriCorps volunteers have been indispensable to the recovery efforts in Joplin and Duquesne, Missouri following the tornado that killed 161 residents and destroyed over 7,000 homes, churches, schools, and businesses; and

      WHEREAS, The Washington Conservation Corps team who served in Missouri consists of the following members:  Rob Crawford, Alex McCarty, Aaron Minney, Matt Rowell, Taylor Barker, Caleb Dobey, Mike Stowell, Jeff Delarosa, Chris McGinn, Zach Shut, Sarah Stover, and Horace Ward;

      NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives honor the twelve members of the Washington Conservation Corps who served tirelessly to assist the tornado victims of Missouri and commend their display of leadership in tornado relief efforts; and

      BE IT FURTHER RESOLVED, That the House of Representatives express its thanks and appreciation to the Missouri State Legislature for recognizing the Washington Conservation Corps for its service in Missouri; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to AmeriCorps Washington and the Missouri State Legislature.

 

The Speaker (Representative Roberts presiding) stated the question before the House to be adoption of House Resolution No. 4676.

 

HOUSE RESOLUTION NO. 4676 was adopted.

 

RESOLUTION

 

 HOUSE RESOLUTION NO. 4677, by Representative Finn

      WHEREAS, There are more than 700,000 veterans residing in the state of Washington; and

      WHEREAS, The citizens of Washington are well aware of the sacrifices made by veterans and their families in defense of our country and our state; and

      WHEREAS, We are here today to recognize the sacrifices and time spent by Mr. Ryan Nabors in caring for those veterans in Washington state; and

      WHEREAS, For the past ten years, Mr. Ryan Nabors has dedicated, with great passion, his time and service to the Disabled American Veterans, Department of Washington; and

      WHEREAS, Within the Disabled American Veterans, Department of Washington, Mr. Nabors has held numerous leadership positions, including treasurer, legislative chair, 1st junior vice commander, senior vice commander, and service director; and

      WHEREAS, In 2010, the Washington state Department of Veterans Affairs awarded Mr. Nabors with the Service Officer of the Year award, as well as the Unsung Hero award by the National Coalition of Homeless Veterans; and

      WHEREAS, For the past seven years, as a member of the Veterans Legislative Coalition, Mr. Nabors has advocated, testified, and worked tirelessly in support of veterans legislation; and

      WHEREAS, Through his work with the Veterans Legislative Coalition, Mr. Nabors has, without question, created a better life for military veterans and their families in Washington state; and

      WHEREAS, As a member of that coalition, Mr. Nabors has contributed to the passing of numerous bills that, among other things, provided property tax relief to lower income veterans, additional benefits for veterans and their families, and funding for returnees of the current wars; and

      WHEREAS, Mr. Nabors was appointed by Governor Gregoire to the Veterans Affairs Advisory Committee, in 2010, and the Governor's Disability Issues and Employment Committee, in 2011; and

      WHEREAS, In the views of many of his colleagues and friends, Mr. Nabors has shown himself to be a dedicated leader among veterans service organizations, an individual who compassionately represents veterans, young and old, in accessing all of the benefits they have earned, all the while with a caring, selfless attitude;

      NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize, with the highest honors, Mr. Nabors' extraordinary legacy of service and utmost dedication to the veterans of the state of Washington; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Mr. Ryan Nabors, as well as to the Disabled American Veterans, Department of Washington.

 

The Speaker (Representative Roberts presiding) stated the question before the House to be adoption of House Resolution No. 4677.

 

HOUSE RESOLUTION NO. 4677 was adopted.

 

INTRODUCTION & FIRST READING

 

HB 2794  by Representatives DeBolt, Sullivan, Anderson, Carlyle, Kretz, Springer, Smith, Hudgins, Short, Dickerson, Angel, Darneille, Warnick, Cody, Ross, Hinkle, Kristiansen, Haler and Parker

 

AN ACT Relating to narrowing a business and occupation tax deduction for banking, loan, security, and other financial businesses; amending RCW 82.04.4292; providing an effective date; and providing a contingent expiration date.

 

Referred to Committee on Ways & Means.

 

HB 2795  by Representative Miloscia

 

AN ACT Relating to school district audits; amending RCW 43.09.260; and making an appropriation.

 

Referred to Committee on Education.

 

HB 2796  by Representative Miloscia

 

AN ACT Relating to government performance; amending RCW 42.52.320, 43.17.390, 82.08.020, 82.12.0201, 43.06.335, 43.17.390, 43.185C.210, 43.330.080, and 43.330.084; adding new sections to chapter 42.52 RCW; adding new sections to chapter 43.09 RCW; adding a new section to chapter 44.04 RCW; adding a new section to chapter 44.28 RCW; and making appropriations.

 

Referred to Committee on State Government & Tribal Affairs.

 

HB 2797  by Representatives Van De Wege and McCoy

 

AN ACT Relating to the statewide high school assessment in science; amending RCW 28A.655.061 and 28A.655.068; and creating a new section.

 

Referred to Committee on Education.

 

There being no objection, the bills listed on the day’s introduction sheet under the fourth order of business were referred to the committees so designated.

 

REPORTS OF STANDING COMMITTEES

 

2SSB 5343         Prime Sponsor, Committee on Agriculture, Water & Rural Economic Development: Concerning air emissions from anaerobic digesters.  Reported by Committee on General Government Appropriations & Oversight

 

MAJORITY recommendation:  Do pass as amended by Committee on General Government Appropriations & Oversight and without amendment by Committee on Environment.

 

                     Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  A new section is added to chapter 70.94 RCW to read as follows:

      (1) A generator operating at an electric generating project with an installed generator capacity of at least seven hundred fifty kilowatts but not exceeding one thousand kilowatts, that is in operation on the effective date of this act and began operating after 2008, and that is located on agricultural lands of long-term commercial significance pursuant to chapter 36.70A RCW, is granted an extended compliance period for permit provisions related to the emissions limit for sulfur established by the department or a local air authority until December 31, 2016, if it is fueled by biogas that is produced by an anaerobic digester that qualifies for the solid waste permitting exemption specified in RCW 70.95.330.

      (2) A generator that meets the requirements in subsection (1) of this section may not be located in a federally designated nonattainment or maintenance area.

      (3) Upon request, the department or a local air authority must provide technical assistance to a generator meeting the requirements in subsection (1) of this section to assist the generator in reducing its emissions in order to meet the requirements in this chapter.

      (4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

      (a) "Anaerobic digester" means a vessel that processes organic material into biogas and digestate using microorganisms in a decomposition process within a closed, oxygen-free container.

      (b) "Generator" means an internal combustion engine that converts biogas into electricity, and includes any back-up combustion device to burn biogas when an engine is idled for maintenance.

NEW SECTION.  Sec. 2.  (1) By December 1, 2012, the department of ecology must submit a report to the appropriate standing committees of the legislature containing information regarding the degree to which current state air quality regulations consider different feed sources for anaerobic digesters and strategies to address the different feed sources used in anaerobic digesters.  The department of ecology must consult with interested parties in drafting the report.

      (2) The definitions in section 1(4) of this act apply throughout this section.

NEW SECTION.  Sec. 3.  If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2012, in the omnibus appropriations act, this act is null and void."

 

                Correct the title.

 

       Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 4.  A new section is added to chapter 70.94 RCW to read as follows:

      (1) A generator operating at an electric generating project with an installed generator capacity of at least seven hundred fifty kilowatts but not exceeding one thousand kilowatts, that began operating after 2008, and that is located on agricultural lands of long-term commercial significance pursuant to chapter 36.70A RCW, is not bound by permit provisions related to the emissions limit for sulfur established by the department or a local air authority until December 31, 2018, if it is fueled by biogas that:

      (a) Is produced by an anaerobic digester that qualifies for the solid waste permitting exemption specified in RCW 70.95.330; and

      (b) Contains less than 0.1 percent sulfur by volume, after a start- up period not exceeding one hundred eighty days.

      (2) A generator that meets the requirements in subsection (1) of this section may not be located in a federally designated nonattainment or maintenance area.

      (3) Upon request, the department or a local air authority must provide technical assistance to a generator meeting the requirements in subsection (1) of this section to assist the generator in reducing its emissions in order to meet the requirements in this chapter.

      (4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

      (a) "Anaerobic digester" means a vessel that processes organic material into biogas and digestate using microorganisms in a decomposition process within a closed, oxygen-free container.

      (b) "Generator" means an internal combustion engine that converts biogas into electricity, and includes any back-up combustion device to burn biogas when an engine is idled for maintenance.

NEW SECTION.  Sec. 5.  (1) By December 1, 2012, the department of ecology must submit a report to the appropriate standing committees of the legislature containing information regarding the degree to which current state air quality regulations consider different feed sources for anaerobic digesters and strategies to address the different feed sources used in anaerobic digesters.  The department of ecology must consult with interested parties in drafting the report.

      (2) The definitions in section 1(4) of this act apply throughout this section.

NEW SECTION.  Sec. 6.  If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2012, in the omnibus appropriations act, this act is null and void."

 

       Correct the title.

 

Signed by Representatives Hudgins, Chair; Miloscia, Vice Chair; Moscoso, Vice Chair; McCune, Ranking Minority Member; Taylor, Assistant Ranking Minority Member; Ahern; Armstrong; Blake; Fitzgibbon; Ladenburg; Pedersen; Van De Wege and Wilcox.

 

Passed to Committee on Rules for second reading.

 

February 23, 20120)

ESSB 5715         Prime Sponsor, Committee on Early Learning & K-12 Education: Requiring adoption of core competencies for early care and education professionals and child and youth development professionals.  Reported by Committee on Education Appropriations & Oversight

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Haigh, Chair; Probst, Vice Chair; Anderson, Ranking Minority Member; Dammeier, Assistant Ranking Minority Member; Dahlquist; Hansen; Hope; Maxwell; Orwall; Pollet; Reykdal; Santos; Seaquist and Sells.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Fagan, Assistant Ranking Minority Member; Hargrove; Nealey and Short.

 

Passed to Committee on Rules for second reading.

 

February 22, 20120)

SB 5981             Prime Sponsor, Senator Schoesler: Changing seed dealer license fees.  Reported by Committee on General Government Appropriations & Oversight

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Hudgins, Chair; Miloscia, Vice Chair; Moscoso, Vice Chair; McCune, Ranking Minority Member; Taylor, Assistant Ranking Minority Member; Ahern; Blake; Fitzgibbon; Ladenburg; Pedersen; Van De Wege and Wilcox.

 

Passed to Committee on Rules for second reading.

 

February 23, 20120)

SSB 6041           Prime Sponsor, Committee on Early Learning & K-12 Education: Regarding lighthouse school programs.  Reported by Committee on Education Appropriations & Oversight

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Haigh, Chair; Probst, Vice Chair; Anderson, Ranking Minority Member; Dammeier, Assistant Ranking Minority Member; Fagan, Assistant Ranking Minority Member; Dahlquist; Hansen; Hargrove; Hope; Maxwell; Nealey; Orwall; Pollet; Reykdal; Santos; Seaquist; Sells and Short.

 

Passed to Committee on Rules for second reading.

 

February 21, 20120)

SSB 6081           Prime Sponsor, Committee on Transportation: Authorizing counties and ferry districts operating ferries to impose a vessel replacement surcharge on ferry fares sold.  Reported by Committee on Transportation

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Clibborn, Chair; Billig, Vice Chair; Liias, Vice Chair; Armstrong, Ranking Minority Member; Angel; Asay; Eddy; Finn; Fitzgibbon; Hansen; Jinkins; Johnson; Ladenburg; Moeller; Morris; Moscoso; Reykdal; Rivers; Takko; Upthegrove and Zeiger.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Hargrove, Assistant Ranking Minority Member; Klippert; McCune; Overstreet; Rodne and Shea.

 

Passed to Committee on Rules for second reading.

 

February 22, 20120)

ESSB 6103         Prime Sponsor, Committee on Health & Long-Term Care: Concerning the practice of reflexology and massage therapy.  Reported by Committee on Health & Human Services Appropriations & Oversight

 

MAJORITY recommendation:  Do pass as amended by Committee on Health Care & Wellness.  Signed by Representatives Dickerson, Chair; Appleton, Vice Chair; Schmick, Assistant Ranking Minority Member; Cody; Green; Harris; Kagi; Pettigrew and Walsh.

 

MINORITY recommendation:  Do not pass.  Signed by Representative Overstreet.

 

Passed to Committee on Rules for second reading.

 

February 23, 20120)

2SSB 6120         Prime Sponsor, Committee on Ways & Means: Concerning children's safe products.  Reported by Committee on General Government Appropriations & Oversight

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 70.240.010 and 2008 c 288 s 2 are each amended to read as follows:

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

      (1) "Children's cosmetics" means cosmetics that are made for, marketed for use by, or marketed to children under the age of twelve.  "Children's cosmetics" includes cosmetics that meet any of the following conditions:

      (a) Represented in its packaging, display, or advertising as appropriate for use by children;

      (b) Sold in conjunction with, attached to, or packaged together with other products that are packaged, displayed, or advertised as appropriate for use by children; or

      (c) Sold in any of the following:

      (i) Retail store, catalogue, or online web site, in which a person exclusively offers for sale products that are packaged, displayed, or advertised as appropriate for use by children; or

      (ii) A discrete portion of a retail store, catalogue, or online web site, in which a person offers for sale products that are packaged, displayed, or advertised as appropriate for use by children.

      (2) "Children's jewelry" means jewelry that is made for, marketed for use by, or marketed to children under the age of twelve.  "Children's jewelry" includes jewelry that meets any of the following conditions:

      (a) Represented in its packaging, display, or advertising as appropriate for use by children under the age of twelve;

      (b) Sold in conjunction with, attached to, or packaged together with other products that are packaged, displayed, or advertised as appropriate for use by children;

      (c) Sized for children and not intended for use by adults; or

      (d) Sold in any of the following:

      (i) A vending machine;

      (ii) Retail store, catalogue, or online web site, in which a person exclusively offers for sale products that are packaged, displayed, or advertised as appropriate for use by children; or

      (iii) A discrete portion of a retail store, catalogue, or online web site, in which a person offers for sale products that are packaged, displayed, or advertised as appropriate for use by children.

      (3)(a) "Children's product" includes any of the following:

      (i) Toys;

      (ii) Children's cosmetics;

      (iii) Children's jewelry;

      (iv) A product designed or intended by the manufacturer to help a child with sucking or teething, to facilitate sleep, relaxation, or the feeding of a child, or to be worn as clothing by children; or

      (v) Child car seats.

      (b) "Children's product" does not include the following:

      (i) Batteries;

      (ii) Slings and catapults;

      (iii) Sets of darts with metallic points;

      (iv) Toy steam engines;

      (v) Bicycles and tricycles;

      (vi) Video toys that can be connected to a video screen and are operated at a nominal voltage exceeding twenty-four volts;

      (vii) Chemistry sets;

      (viii) Consumer electronic products, including but not limited to personal computers, audio and video equipment, calculators, wireless phones, game consoles, and handheld devices incorporating a video screen, used to access interactive software and their associated peripherals;

      (ix) Interactive software, intended for leisure and entertainment, such as computer games, and their storage media, such as compact disks;

      (x) BB guns, pellet guns, and air rifles;

      (xi) Snow sporting equipment, including skis, poles, boots, snow boards, sleds, and bindings;

      (xii) Sporting equipment, including, but not limited to bats, balls, gloves, sticks, pucks, and pads;

      (xiii) Roller skates;

      (xiv) Scooters;

      (xv) Model rockets;

      (xvi) Athletic shoes with cleats or spikes; and

      (xvii) Pocket knives and multitools.

      (4) "Cosmetics" includes articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and articles intended for use as a component of such an article.  "Cosmetics" does not include soap, dietary supplements, or food and drugs approved by the United States food and drug administration.

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

      (6) "High priority chemical" means a chemical identified by a state agency, federal agency, or accredited research university, or other scientific evidence deemed authoritative by the department on the basis of credible scientific evidence as known to do one or more of the following:

      (a) Harm the normal development of a fetus or child or cause other developmental toxicity;

      (b) Cause cancer, genetic damage, or reproductive harm;

      (c) Disrupt the endocrine system;

      (d) Damage the nervous system, immune system, or organs or cause other systemic toxicity;

      (e) Be persistent, bioaccumulative, and toxic; or

      (f) Be very persistent and very bioaccumulative.

      (7) "Manufacturer" includes any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces a children's product or an importer or domestic distributor of a children's product.  For the purposes of this subsection, "importer" means the owner of the children's product.

      (8) "Phthalates" means di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl phthalate (BBP), diisonoyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP).

      (9) "Toy" means a product designed or intended by the manufacturer to be used by a child at play.

      (10) "Trade association" means a membership organization of persons engaging in a similar or related line of commerce, organized to promote and improve business conditions in that line of commerce and not to engage in a regular business of a kind ordinarily carried on for profit.

      (11) "Very bioaccumulative" means having a bioconcentration factor or bioaccumulation factor greater than or equal to five thousand, or if neither are available, having a log Kow greater than 5.0.

      (12) "Very persistent" means having a half-life greater than or equal to one of the following:

      (a) A half-life in soil or sediment of greater than one hundred eighty days;

      (b) A half-life greater than or equal to sixty days in water or evidence of long-range transport.

(13) "TRIS" means tris(2-chloroethyl) phosphate, chemical abstracts service number 115-96-8, as of the effective date of this section and tris(1,3-dichloro-2-propyl)phosphate, chemical abstracts service number 13674-87-8, as of the effective date of this section.

NEW SECTION.  Sec. 2.  A new section is added to chapter 70.240 RCW to read as follows:

      (1) Except as provided in subsection (2) of this section, beginning July 1, 2013, no manufacturer, wholesaler, or retailer may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state a children's product containing TRIS in amounts greater than one hundred parts per million in any component.

      (2) Manufacturers, wholesalers, or retailers may sell children's products containing TRIS until July 1, 2014, if manufacturers of such products have conducted an alternatives assessment as provided in section 3 of this act.  The sale or purchase of any previously owned product containing TRIS made in casual or isolated sales as defined in RCW 82.04.040, or by nonprofit organizations, is exempt from subsection (1) of this section.

      (3) The sale or use of recycled materials containing less than .01 percent of TRIS is exempt from subsection (1) of this section.

NEW SECTION.  Sec. 3.  A new section is added to chapter 70.240 RCW to read as follows:

      (1) Manufacturers conducting an alternatives assessment must identify alternatives for consideration that reduce or eliminate the use of and potential for children's exposure to chemicals of high concern for children using:

      (a) The United States environmental protection agency's design for the environment program alternatives assessment criteria for hazard evaluation, version 2.0, August 2011;

      (b) The alternatives assessment framework of the Lowell center for sustainable production, version 1.0, July 2006, following the alternatives assessment processes and addressing the elements in each evaluation module; or

      (c) An alternatives assessment for the chemical of high concern for children and each potential alternative that includes the following elements:

      (i) Chemical names and chemical abstracts service registry numbers;

      (ii) An assessment of whether, based on credible scientific evidence, the alternative demonstrates the potential to do one or more of the following:

      (A) Harm the normal development of a fetus or child or cause other developmental toxicity;

      (B) Cause cancer or genetic damage;

      (C) Cause reproductive toxicity;

      (D) Disrupt the endocrine system;

      (E) Damage the nervous system, immune system, or organs or cause other systemic toxicity;

      (F) Cause sensitization and immune system response;

      (G) Cause negative ecological impacts;

      (H) Be persistent, bioaccumulative, and toxic; or

      (I) Be very persistent and very bioaccumulative;

      (iii) Available information or data, based on credible scientific evidence regarding:

      (A) The degree of toxicity, including dose response studies; and

      (B) Potential routes of exposure to children through which the chemical or alternative may cause each effect identified in (c)(ii)(A) through (F) of this subsection;

      (iv) Information on performance and functionality of the potential alternatives in products and materials addressed in the alternatives assessment; and

      (v) Opportunities for product reformulation, chemical substitution, product redesign, or manufacturing process redesign.

      (2) The alternatives assessment must include:  (a) A comparison among alternatives and chemicals of high concern for children for the elements required in subsection (1)(c)(i) through (v) of this section; (b) a description of the criteria and assumptions used to compare alternatives, including identification of data gaps; and (c) an explanation of the findings and conclusions of the supporting data for the alternatives assessment.

      (3) The manufacturer may provide any additional information that assisted in evaluating alternatives or deemed by the manufacturer relevant to the alternatives assessment, such as:  Cost and availability of potential alternatives; purchase price differential between the product containing chemicals of high concern for children and the alternative; conditions of use; chemical management; and technical feasibility.

NEW SECTION.  Sec. 4.  A new section is added to chapter 70.240 RCW to read as follows:

      The department must provide technical assistance to any manufacturer conducting an alternatives assessment that requests assistance.  Technical assistance includes providing:  Alternatives assessments previously submitted to the department; existing resources and tools for conducting alternatives assessments; information existing within the department gathered from literature reviews; informal manufacturer's surveys; and information from the interstate chemicals clearinghouse."

 

      Correct the title.

 

Signed by Representatives Hudgins, Chair; Miloscia, Vice Chair; Moscoso, Vice Chair; Fitzgibbon; Ladenburg; Pedersen and Van De Wege.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives McCune, Ranking Minority Member; Taylor, Assistant Ranking Minority Member; Ahern; Armstrong; Blake and Wilcox.

 

Passed to Committee on Rules for second reading.

 

February 23, 20120)

SSB 6135           Prime Sponsor, Committee on Energy, Natural Resources & Marine Waters: Regarding enforcement of fish and wildlife violations.  Reported by Committee on General Government Appropriations & Oversight

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 7.84.030 and 2011 c 320 s 14 are each amended to read as follows:

      (1) An infraction proceeding is initiated by the issuance and service of a printed notice of infraction and filing of a printed or electronic copy of the notice of infraction.

      (2)(a) A notice of infraction may be issued by a person authorized to enforce the provisions of the title or chapter in which the infraction is established, or by a person authorized by an interlocal agreement entered into under RCW 7.84.140, when the infraction occurs in that person's presence.

(b) A person who is a peace officer as defined in chapter 10.93 RCW may detain the person receiving the infraction for a reasonable period of time necessary to identify the person, check for outstanding warrants, and complete and issue a notice of infraction under RCW 7.84.050.  A person who is to receive a notice of infraction is required to identify himself or herself to the peace officer by giving the person's name, address, and date of birth.  Upon request, the person shall produce reasonable identification, which may include a driver's license or identicard.  Any person who fails to comply with the requirement to identify himself or herself and give the person's current address may be found to have committed an infraction.

      (3) A court may issue a notice of infraction if a person authorized to enforce the provisions of the title or chapter in which the infraction is established, or by a person authorized by an interlocal agreement entered into under RCW 7.84.140, files with the court a written statement that the infraction was committed in that person's presence or that the officer has reason to believe an infraction was committed.

      (4) Service of a notice of infraction issued under subsection (2) or (3) of this section shall be as provided by court rule.

      (5) A notice of infraction shall be filed with a court having jurisdiction within five days of issuance, excluding Saturdays, Sundays, and holidays.

Sec. 2.  RCW 7.84.020 and 2003 c 39 s 3 are each amended to read as follows:

      ((Unless the context clearly requires otherwise,)) The definition in this section applies throughout this chapter unless the context clearly requires otherwise.

      "Infraction" means an offense which, by the terms of Title 76, 77, 79, or 79A RCW or ((chapter 43.30 RCW)) RCW 7.84.030(2)(b) and rules adopted under these titles and ((chapters)) section, is declared not to be a criminal offense and is subject to the provisions of this chapter.

Sec. 3.  RCW 9.94A.515 and 2010 c 289 s 11 and 2010 c 227 s 9 are each reenacted and amended to read as follows:

 

Sec. 4.  RCW 77.08.010 and 2011 c 324 s 3 are each reenacted and amended to read as follows:

      The definitions in this section apply throughout this title or rules adopted under this title unless the context clearly requires otherwise.

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

      (2) "Aquatic invasive species" means any invasive, prohibited, regulated, unregulated, or unlisted aquatic animal or plant species as defined under subsections (3), (28), (40), (44), (60), and (61) of this section, aquatic noxious weeds as defined under RCW 17.26.020(5)(c), and aquatic nuisance species as defined under RCW 77.60.130(1).

      (3) "Aquatic plant species" means an emergent, submersed, partially submersed, free-floating, or floating-leaving plant species that grows in or near a body of water or wetland.

      (4) "Bag limit" means the maximum number of game animals, game birds, or game fish which may be taken, caught, killed, or possessed by a person, as specified by rule of the commission for a particular period of time, or as to size, sex, or species.

      (5) "Closed area" means a place where the hunting of some or all species of wild animals or wild birds is prohibited.

      (6) "Closed season" means all times, manners of taking, and places or waters other than those established by rule of the commission as an open season.  "Closed season" also means all hunting, fishing, taking, or possession of game animals, game birds, game fish, food fish, or shellfish that do not conform to the special restrictions or physical descriptions established by rule of the commission as an open season or that have not otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the commission as an open season.

      (7) "Closed waters" means all or part of a lake, river, stream, or other body of water, where fishing or harvesting is prohibited.

      (8) "Commercial" means related to or connected with buying, selling, or bartering.

      (9) "Commission" means the state fish and wildlife commission.

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

      (11) "Contraband" means any property that is unlawful to produce or possess.

      (12) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated as dangerous to the environment or wildlife of the state.

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

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

      (15) "Endangered species" means wildlife designated by the commission as seriously threatened with extinction.

      (16) "Ex officio fish and wildlife officer" means ((a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction.  The term "ex officio fish and wildlife officer" includes special agents of the national marine fisheries service, state parks commissioned officers, United States fish and wildlife special agents, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions)):
      (a) A commissioned officer of a municipal, county, or state agency having as its primary function the enforcement of criminal laws in general, while the officer is acting in the respective jurisdiction of that agency;
      (b) An officer or special agent commissioned by one of the following:  The national marine fisheries service; the Washington state parks and recreation commission; the United States fish and wildlife service; the Washington state department of natural resources; the United States forest service; or the United States parks service, if the agent or officer is in the respective jurisdiction of the primary commissioning agency and is acting under a mutual law enforcement assistance agreement between the department and the primary commissioning agency;
      (c) A commissioned fish and wildlife peace officer from another state who meets the training standards set by the Washington state criminal justice training commission pursuant to RCW 10.93.090, 43.101.080, and 43.101.200, and who is acting under a mutual law enforcement assistance agreement between the department and the primary commissioning agency; or
      (d) A Washington state tribal police officer who successfully completes the requirements set forth under RCW 43.101.157, is employed by a tribal nation that has complied with RCW 10.92.020(2) (a) and (b), and is acting under a mutual law enforcement assistance agreement between the department and the tribal government.

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

      (18) "Fish and wildlife officer" means a person appointed and commissioned by the director, with authority to enforce this title and rules adopted pursuant to this title, and other statutes as prescribed by the legislature.  Fish and wildlife officer includes a person commissioned before June 11, 1998, as a wildlife agent or a fisheries patrol officer.

      (19) "Fish broker" means a person whose business it is to bring a seller of fish and shellfish and a purchaser of those fish and shellfish together.

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

      (21) "Freshwater" means all waters not defined as saltwater including, but not limited to, rivers upstream of the river mouth, lakes, ponds, and reservoirs.

      (22) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the commission.

      (23) "Game animals" means wild animals that shall not be hunted except as authorized by the commission.

      (24) "Game birds" means wild birds that shall not be hunted except as authorized by the commission.

      (25) "Game farm" means property on which wildlife is held ((or)), confined, propagated, hatched, fed, or otherwise raised for commercial purposes, trade, or gift.  The term "game farm" does not include publicly owned facilities.

      (26) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited.

      (27) "Illegal items" means those items unlawful to be possessed.

      (28) "Invasive species" means a plant species or a nonnative animal species that either:

      (a) Causes or may cause displacement of, or otherwise threatens, native species in their natural communities;

      (b) Threatens or may threaten natural resources or their use in the state;

      (c) Causes or may cause economic damage to commercial or recreational activities that are dependent upon state waters; or

      (d) Threatens or harms human health.

      (29) "License year" means the period of time for which a recreational license is valid.  The license year begins April 1st, and ends March 31st.

      (30) "Limited-entry license" means a license subject to a license limitation program established in chapter 77.70 RCW.

      (31) "Money" means all currency, script, personal checks, money orders, or other negotiable instruments.

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

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

      (34) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful hunting, fishing, taking, or possession of game animals, game birds, game fish, food fish, or shellfish that conform to the special restrictions or physical descriptions established by rule of the commission or that have otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the commission.  "Open season" includes the first and last days of the established time.

      (35) "Owner" means the person in whom is vested the ownership dominion, or title of the property.

      (36) "Person" means and includes an individual; a corporation; a public or private entity or organization; a local, state, or federal agency; all business organizations, including corporations and partnerships; or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.

      (37) "Personal property" or "property" includes both corporeal and incorporeal personal property and includes, among other property, contraband and money.

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

      (39) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the commission.

      (40) "Prohibited aquatic animal species" means an invasive species of the animal kingdom that has been classified as a prohibited aquatic animal species by the commission.

      (41) "Protected wildlife" means wildlife designated by the commission that shall not be hunted or fished.

      (42) "Raffle" means an activity in which tickets bearing an individual number are sold for not more than twenty-five dollars each and in which a permit or permits are awarded to hunt or for access to hunt big game animals or wild turkeys on the basis of a drawing from the tickets by the person or persons conducting the raffle.

      (43) "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.

      (44) "Regulated aquatic animal species" means a potentially invasive species of the animal kingdom that has been classified as a regulated aquatic animal species by the commission.

      (45) "Resident" ((means:
      (a) A person who has maintained a permanent place of abode within the state for at least ninety days immediately preceding an application for a license, has established by formal evidence an intent to continue residing within the state, and who is not licensed to hunt or fish as a resident in another state; and
      (b) A person age eighteen or younger who does not qualify as a resident under (a) of this subsection, but who has a parent that qualifies as a resident under (a) of this subsection)) has the same meaning as defined in section 5 of this act.

      (46) "Retail-eligible species" means commercially harvested salmon, crab, and sturgeon.

      (47) "Saltwater" means those marine waters seaward of river mouths.

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

      (49) "Senior" means a person seventy years old or older.

      (50) "Shark fin" means a raw, dried, or otherwise processed detached fin or tail of a shark.

      (51)(a) "Shark fin derivative product" means any product intended for use by humans or animals that is derived in whole or in part from shark fins or shark fin cartilage.

      (b) "Shark fin derivative product" does not include a drug approved by the United States food and drug administration and available by prescription only or medical device or vaccine approved by the United States food and drug administration.

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

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

      (54) "To fish," "to harvest," and "to take," and their derivatives means an effort to kill, injure, harass, or catch a fish or shellfish.

      (55) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.

      (56) "To process" and its derivatives mean preparing or preserving fish, wildlife, or shellfish.

      (57) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.

      (58) "Trafficking" means offering, attempting to engage, or engaging in sale, barter, or purchase of fish, shellfish, wildlife, or deleterious exotic wildlife.

      (59) "Unclaimed" means that no owner of the property has been identified or has requested, in writing, the release of the property to themselves nor has the owner of the property designated an individual to receive the property or paid the required postage to effect delivery of the property.

      (60) "Unlisted aquatic animal species" means a nonnative animal species that has not been classified as a prohibited aquatic animal species, a regulated aquatic animal species, or an unregulated aquatic animal species by the commission.

      (61) "Unregulated aquatic animal species" means a nonnative animal species that has been classified as an unregulated aquatic animal species by the commission.

      (62) "Wholesale fish dealer" means a person who, acting for commercial purposes, takes possession or ownership of fish or shellfish and sells, barters, or exchanges or attempts to sell, barter, or exchange fish or shellfish that have been landed into the state of Washington or entered the state of Washington in interstate or foreign commerce.

      (63) "Wild animals" means those species of the class Mammalia whose members exist in Washington in a wild state ((and the species Rana catesbeiana (bullfrog))).  The term "wild animal" does not include feral domestic mammals or old world rats and mice of the family Muridae of the order Rodentia.

      (64) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.

      (65) "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state.  This includes but is not limited to mammals, birds, reptiles, amphibians, fish, and invertebrates.  The term "wildlife" does not include feral domestic mammals, old world rats and mice of the family Muridae of the order Rodentia, or those fish, shellfish, and marine invertebrates classified as food fish or shellfish by the director.  The term "wildlife" includes all stages of development and the bodily parts of wildlife members.

      (66) "Youth" means a person fifteen years old for fishing and under sixteen years old for hunting.

(67) "Anadromous game fish buyer" means a person who purchases or sells steelhead trout and other anadromous game fish harvested by Indian fishers lawfully exercising fishing rights reserved by federal statute, treaty, or executive order, under conditions prescribed by rule of the director.
      (68) "Building" means a private domicile, garage, barn, or public or commercial building.
      (69) "Fish buyer" means a person engaged by a wholesale fish dealer to purchase food fish or shellfish from a licensed commercial fisher.
      (70) "Food, food waste, or other substance" includes human and pet food or other waste or garbage that could attract large wild carnivores.
      (71) "Fur dealer" means a person who purchases, receives, or resells raw furs for commercial purposes.
      (72)(a) "Intentionally feed, attempt to feed, or attract" means to purposefully or knowingly provide, leave, or place in, on, or about any land or building any food, food waste, or other substance that attracts or could attract large wild carnivores to that land or building.
      (b) "Intentionally feed, attempt to feed, or attract" does not include keeping food, food waste, or other substance in an enclosed garbage receptacle or other enclosed container unless specifically directed by a fish and wildlife officer or animal control authority to secure the receptacle or container in another manner.
      (73) "Large wild carnivore" includes wild bear, cougar, and wolf.
      (74) "Natural person" means a human being.
      (75)(a) "Negligently feed, attempt to feed, or attract" means to provide, leave, or place in, on, or about any land or building any food, food waste, or other substance that attracts or could attract large wild carnivores to that land or building, without the awareness that a reasonable person in the same situation would have with regard to the likelihood that the food, food waste, or other substance could attract large wild carnivores to the land or building.
      (b) "Negligently feed, attempt to feed, or attract" does not include keeping food, food waste, or other substance in an enclosed garbage receptacle or other enclosed container unless specifically directed by a fish and wildlife officer or animal control authority to secure the receptacle or container in another manner.
      (76) "Taxidermist" means a person who, for commercial purposes, creates lifelike representations of fish and wildlife using fish and wildlife parts and various supporting structures.
      (77) "Wildlife meat cutter" means a person who packs, cuts, processes, or stores wildlife for consumption for another for commercial purposes.

NEW SECTION.  Sec. 5.  A new section is added to chapter 77.08 RCW to read as follows:

      For the purposes of this title or rules adopted under this title, "resident" means:

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

      (a) For purposes of this section, "permanent place of abode" means a residence in this state that a person maintains for personal use.

      (b) A natural person can demonstrate that the person has maintained a permanent place of abode in Washington by showing that the person:

      (i) Uses a Washington state address for federal income tax or state tax purposes;

      (ii) Designates this state as the person's residence for obtaining eligibility to hold a public office or for judicial actions;

      (iii) Is a registered voter in the state of Washington; or

      (iv) Is a custodial parent with a child attending prekindergarten, kindergarten, elementary school, middle school, or high school in this state.

      (c) A natural person can demonstrate the intent to continue residing within the state by showing that he or she:

      (i) Has a valid Washington state driver's license; or

      (ii) Has a valid Washington state identification card, if the person is not eligible for a Washington state driver's license; and

      (iii) Has registered the person's vehicle or vehicles in Washington state.

      (2) The spouse of a member of the United States armed forces if the member qualifies as a resident under subsection (1), (3), or (4) of this section, or a natural person age eighteen or younger who does not qualify as a resident under subsection (1) of this section, but who has a parent or legal guardian who qualifies as a resident under subsection (1), (3), or (4) of this section.

      (3) A member of the United States armed forces temporarily stationed in Washington state on predeployment orders.  A copy of the person's military orders is required to meet this condition.

      (4) A member of the United States armed forces who is permanently stationed in Washington state or who designates Washington state on their military "state of legal residence certificate" or enlistment or re-enlistment documents.  A copy of the person's "state of legal residence certificate" or enlistment or re-enlistment documents is required to meet the conditions of this subsection.

Sec. 6.  RCW 77.95.320 and 2009 c 340 s 2 are each amended to read as follows:

      (1) The department shall establish a program that utilizes department-partner agreements for the resumption or continued operation and management of state-owned salmonid hatcheries ((now closed or scheduled for closure during the 2009-2011 biennium)).  To implement the program, the department shall accept and review applications to determine the appropriateness of the partner to manage and operate selected salmonid hatcheries.  The department shall accelerate the application process relating to any hatchery currently in operation to avoid cessation of ongoing salmon production.

      (2)(a) To select a partner, the department shall develop and apply criteria identifying the appropriateness of a potential partner.  The criteria must seek to ensure that the partner has a long-range business plan, which may include the sale of hatchery surplus salmon, including eggs and carcasses, to ensure the long-range future solvency of the partnership.  The business plan may also allow the partner to harvest hatchery chum salmon in a designated area through persons under contract with the partner as provided under a permit from the department or by rule of the commission.  All chum salmon harvested must be sold at prices commensurate with the current market and all funds must be utilized by the partner to operate the hatchery.

      (b) Partners under this section must be:

      (i) Qualified under section 501(c)(3) of the internal revenue code;

      (ii) A for-profit private entity; or

      (iii) A federally recognized tribe.

      (3) The department shall place a higher priority on applications from partners that provide for the maximum resumption or continuation of existing hatchery production in a manner consistent with the mandate contained in RCW 77.04.012 to maintain the economic well-being and stability of the fishing industry.

      (4) Agreements entered into with partners under this section must be consistent with existing state laws, agency rules, collective bargaining agreements, hatchery management policy involving species listed under the federal endangered species act, or, in the case of a tribal partner, any applicable tribal hatchery management policy or recreational and commercial harvest policy.  Agreements under this section must also require that partners conducting hatchery operations maintain staff with comparable qualifications to those identified in the class specifications for the department's fish hatchery personnel.

      (5) All partnership agreements entered into under this section must contain a provision that requires the partner to hold harmless the department and the state for any civil liability arising from the partner's participation in the agreement or activities at the subject hatchery or hatcheries.

      (6) All partnership agreements entered into under this section must identify any maintenance or improvements to be made to the hatchery facility, and the source of funding for such maintenance or improvements.  If funding for the maintenance or improvements is to come from state funds or revenue sources previously received by the department, the work must be performed either by employees in the classified service or in compliance with the contracting procedures set forth in RCW 41.06.142.

(7) If deemed necessary and appropriate by the director, department enforcement officers may conduct background checks on potential partners described by subsection (2)(b)(i) and (ii) of this section prior to the department executing a partnership agreement.

Sec. 7.  RCW 77.15.030 and 1999 c 258 s 1 are each amended to read as follows:

Except as provided in RCW 77.15.260(2)(b), where it is unlawful to hunt, take, fish, possess, or traffic in big game or protected or endangered fish or wildlife, then each individual animal unlawfully taken or possessed is a separate offense.

Sec. 8.  RCW 77.15.050 and 2009 c 333 s 1 are each amended to read as follows:

      (1) Unless the context clearly requires otherwise, as used in this chapter, "conviction" means((:
      (a))) a final conviction in a state or municipal court((;
      (b) A failure to appear at a hearing to contest an infraction or criminal citation; or
      (c) An unvacated forfeiture of bail paid as a final disposition for an offense)).

      (2) A plea of guilty((,)) or a finding of guilt for a violation of this title or department rule ((of the commission or director)) constitutes a conviction regardless of whether the imposition of sentence is deferred or the penalty is suspended.

Sec. 9.  RCW 77.15.075 and 2009 c 204 s 1 are each amended to read as follows:

      (1) Fish and wildlife officers ((and ex officio fish and wildlife officers shall enforce this title, rules of the department, and other statutes as prescribed by the legislature.  Fish and wildlife officers who are not ex officio officers)) shall have and exercise, throughout the state, such police powers and duties as are vested in sheriffs and peace officers generally.  Fish and wildlife officers are general authority Washington peace officers.
      (2) An applicant for a fish and wildlife officer position must be a citizen of the United States of America who can read and write the English language.  ((All fish and wildlife officers employed after June 13, 2002, must successfully complete the basic law enforcement academy course, known as the basic course, sponsored by the criminal justice training commission, or the basic law enforcement equivalency certification, known as the equivalency course, provided by the criminal justice training commission.  All officers employed on June 13, 2002, must have successfully completed the basic course, the equivalency course, or the supplemental course in criminal law enforcement, known as the supplemental course, offered under chapter 155, Laws of 1985.  Any officer who has not successfully completed the basic course, the equivalency course, or the supplemental course must complete the basic course or the equivalency course within fifteen months of June 13, 2002.
      (2) Fish and wildlife officers are peace officers)) Before a person may be appointed to act as a fish and wildlife officer, the person shall meet the minimum standards for employment with the department, including successful completion of a psychological examination and polygraph examination or similar assessment procedure administered in accordance with the requirements of RCW 43.101.095(2).

      (3) Any liability or claim of liability under chapter 4.92 RCW that arises out of the exercise or alleged exercise of authority by a fish and wildlife officer rests with the department unless the fish and wildlife officer acts under the direction and control of another agency or unless the liability is otherwise assumed under an agreement between the department and another agency.

      (4) ((Fish and wildlife officers may serve and execute warrants and processes issued by the courts.
      (5))) The department may utilize the services of a volunteer chaplain as provided under chapter 41.22 RCW.

Sec. 10.  RCW 77.15.080 and 2002 c 281 s 8 are each amended to read as follows:

      (1) Based upon articulable facts that a person is engaged in fishing, harvesting, or hunting activities, fish and wildlife officers and ex officio fish and wildlife officers have the authority to temporarily stop the person and check for valid licenses, tags, permits, stamps, or catch record cards, and to inspect all fish, shellfish, seaweed, and wildlife in possession as well as the equipment being used to ensure compliance with the requirements of this title((, and)).  Fish and wildlife officers and ex officio fish and wildlife officers also may request that the person ((to)) write his or her signature for comparison with the signature on ((the)) his or her fishing, harvesting, or hunting license.  Failure to comply with the request is prima facie evidence that the person is not the person named on the license.  ((For licenses purchased over the internet or telephone,)) Fish and wildlife officers may require the person, if age ((eighteen)) sixteen or older, to exhibit a driver's license or other photo identification.

      (2) Based upon articulable facts that a person is transporting a prohibited aquatic animal species or any aquatic plant, fish and wildlife officers and ex officio fish and wildlife officers have the authority to temporarily stop the person and inspect the watercraft to ensure that the watercraft and associated equipment are not transporting prohibited aquatic animal species or aquatic plants.

Sec. 11.  RCW 77.15.100 and 2009 c 333 s 39 are each amended to read as follows:

      (1) ((Unless otherwise provided in this title,))  Fish, shellfish, ((or wildlife unlawfully taken or possessed, or involved in a violation shall be forfeited to the state upon conviction.  Unless already held by, sold, destroyed, or disposed of by the department, the court shall order such fish or wildlife to be delivered to the department.  Where delay will cause loss to the value of the property and a ready wholesale buying market exists, the department may sell property to a wholesale buyer at a fair market value.
      (2) When seized property is forfeited to the department, the department may retain it for official use unless the property is required to be destroyed, or upon application by any law enforcement agency of the state, release the property to the agency for the use of enforcing this title, or sell such property and deposit the proceeds into the fish and wildlife enforcement reward account established under RCW 77.15.425.  Any sale of other property shall be at public auction or after public advertisement reasonably designed to obtain the highest price.  The time, place, and manner of holding the sale shall be determined by the director.  The director may contract for the sale to be through the department of general administration as state surplus property, or, except where not justifiable by the value of the property, the director shall publish notice of the sale once a week for at least two consecutive weeks before the sale in at least one newspaper of general circulation in the county in which the sale is to be held)) and wildlife are property of the state under RCW 77.04.012.  Fish and wildlife officers may sell seized, commercially harvested fish and shellfish to a wholesale buyer and deposit the proceeds into the fish and wildlife enforcement reward account under RCW 77.15.425.  Seized, recreationally harvested fish, shellfish, and wildlife may be donated to nonprofit charitable organizations.  The charitable organization must qualify for tax-exempt status under 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code.
      (2) Unless otherwise provided in this title, fish, shellfish, or wildlife taken, possessed, or harvested in violation of this title or department rule shall be forfeited to the state upon conviction or any outcome in criminal court whereby a person voluntarily enters into a disposition that continues or defers the case for dismissal upon the successful completion of specific terms or conditions.  For criminal cases resulting in other types of dispositions, the fish, shellfish, or wildlife may be returned, or its equivalent value paid, if the fish, shellfish, or wildlife have already been donated or sold.

NEW SECTION.  Sec. 12.  A new section is added to chapter 77.15 RCW to read as follows:

      (1) A person is guilty of unlawfully hunting on, or retrieving hunted wildlife from, the property of another if the person knowingly enters or remains unlawfully in or on the premises of another for the purpose of hunting for wildlife or retrieving hunted wildlife.

      (2) In any prosecution under this section, it is a defense that:

      (a) The premises were at the time open to members of the public for the purpose of hunting, and the actor complied with all lawful conditions imposed on access to or remaining on the premises;

      (b) The actor reasonably believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him or her to enter or remain on the premises for the purpose of hunting or retrieving hunted wildlife;

      (c) The actor reasonably believed that the premises were not privately owned; or

      (d) The actor, after making all reasonable attempts to contact the owner of the premises, retrieved the hunted wildlife for the sole purpose of avoiding a violation of the prohibition on the waste of fish and wildlife as provided in RCW 77.15.170.  The defense in this subsection only applies to the retrieval of hunted wildlife and not to the actual act of hunting itself.

      (3) Unlawfully hunting on or retrieving hunted wildlife from the property of another is a misdemeanor.

      (4) If a person unlawfully hunts and kills wildlife, or retrieves hunted wildlife that he or she has killed, on the property of another, then, upon conviction of unlawfully hunting on, or retrieving hunted wildlife from, the property of another, the department shall revoke all hunting licenses and tags and order a suspension of the person's hunting privileges for two years.

      (5) Any wildlife that is unlawfully hunted on or retrieved from the property of another must be seized by fish and wildlife officers.  Forfeiture and disposition of the wildlife is pursuant to RCW 77.15.100.

NEW SECTION.  Sec. 13.  A new section is added to chapter 77.15 RCW to read as follows:

      When seized property, other than fish, shellfish, and wildlife, is judicially forfeited to the department, the department may:  (1) Retain it for official use unless the property is required to be destroyed; (2) upon application by any law enforcement agency of the state, release the property to the agency for use in enforcing this title; (3) donate the property as provided under RCW 77.130.060; or (4) sell the property and deposit the proceeds into the fish and wildlife enforcement reward account created in RCW 77.15.425.  Any sale of the property must be done in accordance with RCW 77.130.010(1) and 77.130.020.  However, the requirement in those sections for notice to owners does not apply.

Sec. 14.  RCW 77.15.110 and 2002 c 127 s 2 are each amended to read as follows:

      (1) For purposes of this chapter, a person acts for commercial purposes if the person engages in conduct that relates to commerce in fish, seaweed, shellfish, or wildlife or any parts thereof.  Commercial conduct may include taking, delivering, selling, buying, or trading fish, seaweed, shellfish, or wildlife where there is present or future exchange of money, goods, or any valuable consideration.  Evidence that a person acts for commercial purposes includes, but is not limited to, the following conduct:

      (a) Using gear typical of that used in commercial fisheries;

      (b) Exceeding the bag or possession limits for personal use by taking or possessing more than three times the amount of fish, seaweed, shellfish, or wildlife allowed;

      (c) Delivering or attempting to deliver fish, seaweed, shellfish, or wildlife to a person who sells or resells fish, seaweed, shellfish, or wildlife including any licensed or unlicensed wholesaler;

      (d) Taking fish or shellfish using a vessel designated on a commercial fishery license or using gear not authorized in a personal use fishery;

      (e) Using a commercial fishery license;

      (f) Selling or dealing in raw furs for a fee or in exchange for goods or services; ((or))

      (g) Performing taxidermy service on fish, shellfish, or wildlife belonging to another person for a fee or receipt of goods or services; or
      (h) Packs, cuts, processes, or stores the meat of wildlife for consumption, for a fee or in exchange for goods or services.

      (2) For purposes of this chapter, the value of any fish, seaweed, shellfish, or wildlife may be proved based on evidence of legal or illegal sales involving the person charged or any other person, of offers to sell or solicitation of offers to sell by the person charged or by any other person, or of any market price for the fish, seaweed, shellfish, or wildlife including market price for farm-raised game animals.  The value assigned to specific fish, seaweed, shellfish, or wildlife by RCW 77.15.420 may be presumed to be the value of such fish, seaweed, shellfish, or wildlife.  It is not relevant to proof of value that the person charged misrepresented that the fish, seaweed, shellfish, or wildlife was taken in compliance with law if the fish, seaweed, shellfish, or wildlife was unlawfully taken and had no lawful market value.

Sec. 15.  RCW 77.15.130 and 1998 c 190 s 14 are each amended to read as follows:

      (1) A person is guilty of unlawful taking of protected fish or wildlife if:

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

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

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

(3) In addition to the penalties set forth in subsection (2) of this section, if a person is convicted of violating this section and the violation results in the death of protected wildlife listed in this subsection, the court shall require payment of the following amounts for each animal killed or possessed.  This is a criminal wildlife penalty assessment that must be paid to the clerk of the court and distributed each month to the state treasurer for deposit in the fish and wildlife enforcement reward account created in RCW 77.15.425:
      (a) Ferruginous hawk, two thousand dollars;
      (b) Common loon, two thousand dollars;
      (c) Bald eagle, two thousand dollars;
      (d) Golden eagle, two thousand dollars; and
      (e) Peregrine falcon, two thousand dollars.
      (4) If two or more persons are convicted under subsection (1) of this section, and subsection (3) of this section is applicable, the criminal wildlife penalty assessment must be imposed against the persons jointly and separately.
      (5)(a) The criminal wildlife penalty assessment under subsection (3) of this section must be imposed regardless of and in addition to any sentence, fines, or costs otherwise provided for violating any provision of this section.  The criminal wildlife penalty assessment must be included by the court in any pronouncement of sentence and may not be suspended, waived, modified, or deferred in any respect.
      (b) This subsection may not be construed to abridge or alter alternative rights of action or remedies in equity or under common law or statutory law, criminal or civil.
      (6) A defaulted criminal wildlife penalty assessment authorized under subsection (3) of this section may be collected by any means authorized by law for the enforcement of orders of the court or collection of a fine or costs, including but not limited to vacation of a deferral of sentencing or vacation of a suspension of sentence.
      (7) The department shall revoke the hunting license and suspend the hunting privileges of a person assessed a criminal wildlife penalty assessment under this section until the penalty assessment is paid through the registry of the court in which the penalty assessment was assessed.
      (8) The criminal wildlife penalty assessments provided in subsection (3) of this section must be doubled in the following instances:
      (a) When a person commits a violation that requires payment of a criminal wildlife penalty assessment within five years of a prior gross misdemeanor or felony conviction under this title; or
      (b) When the person killed the protected wildlife in question with the intent of bartering, selling, or otherwise deriving economic profit from the wildlife or wildlife parts.

Sec. 16.  RCW 77.15.160 and 2000 c 107 s 237 are each amended to read as follows:

      ((A person is guilty of an infraction, which shall)) The following acts are infractions and must be cited and punished as provided under chapter 7.84 RCW((, if the person)):

      (1) ((Fails to immediately record a catch of fish or shellfish on a catch record card required by RCW 77.32.430, or required by rule of the commission under this title; or
      (2) Fishes for personal use using barbed hooks in violation of any rule; or
      (3) Violates any other rule of the commission or director that is designated by rule as an infraction)) Fishing and shellfishing infractions:
      (a) Barbed hooks:  Fishing for personal use with barbed hooks in violation of any department rule.
      (b)  Catch recording:  Failing to immediately record a catch of fish or shellfish on a catch record card as required by RCW 77.32.430 or department rule.
      (c) Catch reporting:  Failing to return a catch record card to the department for other than Puget Sound Dungeness crab, as required by department rule.
      (d) Recreational fishing:  Fishing for fish or shellfish and, without yet possessing fish or shellfish, the person:
      (i) Owns, but fails to have in the person's possession the license or the catch record card required by chapter 77.32 RCW for such an activity; or
      (ii) Violates any department rule regarding seasons, closed areas, closed times, or any other rule addressing the manner or method of fishing for fish or shellfish.  This subsection does not apply to use of a net to take fish under RCW 77.15.580 or the unlawful use of shellfish gear for personal use under RCW 77.15.382.
      (e) Seaweed:  Taking, possessing, or harvesting less than two times the daily possession limit of seaweed:
      (i) While owning, but not having in the person's possession, the license required by chapter 77.32 RCW; or
      (ii) In violation of any rule of the department or the department of natural resources regarding seasons, closed areas, closed times, or any other rule addressing the manner or method of taking, possessing, or harvesting of seaweed.
      (f) Unclassified fish or shellfish:  Taking unclassified fish or shellfish in violation of any department rule by killing, fishing, taking, holding, possessing, or maliciously injuring or harming fish or shellfish that is not classified as game fish, food fish, shellfish, protected fish, or endangered fish.
      (g) Wasting fish or shellfish:  Killing, taking, or possessing fish or shellfish having a value of less than two hundred fifty dollars and allowing the fish or shellfish to be wasted.
      (2) Hunting infractions:
      (a) Eggs or nests:  Maliciously, and without permit authorization, destroying, taking, or harming the eggs or active nests of a wild bird not classified as endangered or protected.  For purposes of this subsection, "active nests" means nests that contain eggs or fledglings.
      (b) Unclassified wildlife:  Taking unclassified wildlife in violation of any department rule by killing, hunting, taking, holding, possessing, or maliciously injuring or harming wildlife that is not classified as big game, game animals, game birds, protected wildlife, or endangered wildlife.
      (c) Wasting wildlife:  Killing, taking, or possessing wildlife that is not classified as big game and has a value of less than two hundred fifty dollars, and allowing the wildlife to be wasted.
      (d) Wild animals:  Hunting for wild animals not classified as big game and, without yet possessing the wild animals, the person owns, but fails to have in the person's possession, all licenses, tags, or permits required by this title.
      (e) Wild birds:  Hunting for and, without yet possessing a wild bird or birds, the person:
      (i) Owns, but fails to have in the person's possession, all licenses, tags, stamps, and permits required under this title; or
      (ii) Violates any department rule regarding seasons, closed areas, closed times, or any other rule addressing the manner or method of hunting wild birds.
      (3) Trapping, taxidermy, fur dealing, and wildlife meat cutting infractions:
      (a) Recordkeeping and reporting:  If a person is a taxidermist, fur dealer, or wildlife meat cutter who is processing, holding, or storing wildlife for commercial purposes, failing to:
      (i) Maintain records as required by department rule; or
      (ii) Report information from these records as required by department rule.
      (b) Trapper's report:  Failing to report trapping activity as required by department rule.
      (4) Other infractions:
      (a) Contests:  Conducting, holding, or sponsoring a hunting contest, a fishing contest involving game fish, or a competitive field trial using live wildlife.
      (b) Other rules:  Violating any other department rule that is designated by rule as an infraction.
      (c) Posting signs:  Posting signs preventing hunting or fishing on any land not owned or leased by the person doing the posting, or without the permission of the person who owns, leases, or controls the land posted.
      (d) Scientific permits:  Using a scientific permit issued by the director for fish, shellfish, or wildlife, but not including big game or big game parts, and the person:
      (i) Violates any terms or conditions of the scientific permit; or
      (ii) Violates any department rule applicable to the issuance or use of scientific permits.
      (e) Transporting aquatic plants:  Transporting aquatic plants on any state or public road, including forest roads.  However:
      (i) This subsection does not apply to plants that are:
      (A) Being transported to the department or to another destination designated by the director, in a manner designated by the department, for purposes of identifying a species or reporting the presence of a species;
      (B) Legally obtained for aquarium use, wetland or lakeshore restoration, or ornamental purposes;
      (C) Located within or on a commercial aquatic plant harvester that is being transported to a suitable location to remove aquatic plants;
      (D) Being transported in a manner that prevents their unintentional dispersal, to a suitable location for disposal, research, or educational purposes; or
      (E) Being transported in such a way as the commission may otherwise prescribe; and
      (ii) This subsection does not apply to a person who:
      (A) Is stopped at an aquatic invasive species check station and possesses a recreational or commercial watercraft that is contaminated with an aquatic invasive plant species if that person complies with all department directives for the proper decontamination of the watercraft and equipment; or
      (B) Has voluntarily submitted a recreational or commercial watercraft for inspection by the department or its designee and has received a receipt verifying that the watercraft has not been contaminated since its last use.

Sec. 17.  RCW 77.15.170 and 1999 c 258 s 5 are each amended to read as follows:

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

      (a) ((The person kills, takes, or possesses fish, shellfish, or wildlife and the value of the fish, shellfish, or wildlife is greater than twenty dollars but less than two hundred fifty dollars; and
      (b) The person recklessly allows such fish, shellfish, or wildlife to be wasted.
      (2) A person is guilty of waste of fish and wildlife in the first degree if:
      (a))) The person kills, takes, or possesses fish, shellfish, or wildlife having a value of two hundred fifty dollars or more or wildlife classified as big game; and

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

      (((3)(a) Waste of fish and wildlife in the second degree is a misdemeanor.
      (b))) (2) Waste of fish and wildlife ((in the first degree)) is a gross misdemeanor.  Upon conviction, the department shall revoke any license or tag used in the crime and shall order suspension of the person's privileges to engage in the activity in which the person committed waste of fish and wildlife ((in the first degree)) for a period of one year.

      (((4))) (3) It is prima facie evidence of waste if:
      (a) A processor purchases or engages a quantity of food fish, shellfish, or game fish that cannot be processed within sixty hours after the food fish, game fish, or shellfish are taken from the water, unless the food fish, game fish, or shellfish are preserved in good marketable condition; or
      (b) A person brings a big game animal to a wildlife meat cutter and then abandons the animal.  For purposes of this subsection (3)(b), a big game animal is deemed to be abandoned when its carcass is placed in the custody of a wildlife meat cutter for butchering and processing and:
      (i) Having been placed in such custody for an unspecified period of time, the meat is not removed within thirty days after the wildlife meat cutter gives notice to the person who brought in the carcass or, having been so notified, the person who brought in the carcass refuses or fails to pay the agreed upon or reasonable charges for the butchering or processing of the carcass; or
      (ii) Having been placed in such custody for a specified period of time, the meat is not removed at the end of the specified period or the person who brought in the carcass refuses to pay the agreed upon or reasonable charges for the butchering or processing of the carcass.

Sec. 18.  RCW 77.15.190 and 1999 c 258 s 9 are each amended to read as follows:

      (1) A person is guilty of unlawful trapping if the person:

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

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

      (c) Fails to identify the owner of the traps or devices by neither (i) attaching a metal tag with the owner's department-assigned identification number or the name and address of the trapper legibly written in numbers or letters not less than one-eighth inch in height nor (ii) inscribing into the metal of the trap such number or name and address.

      (2) Unlawful trapping is a misdemeanor.

Sec. 19.  RCW 77.15.240 and 1998 c 190 s 30 are each amended to read as follows:

      (1) A person is guilty of unlawful use of dogs if the person:

      (a) Negligently fails to prevent a dog under the person's control from pursuing, harassing, attacking, or ((injuring)) killing deer, elk, moose, caribou, mountain sheep, or ((an)) animals classified as endangered under this title; or

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

      (2) For purposes of this section, a dog is "under a person's control" if the dog is owned or possessed by, or in the custody of, a person.
      (3) Unlawful use of dogs is a misdemeanor.  ((A dog that is the basis for a violation of this section may be declared a public nuisance.))

(4)(a) Based on a reasonable belief that a dog is pursuing, harassing, attacking, or killing a snow bound deer, elk, moose, caribou, mountain sheep, or animals classified as protected or endangered under this title, fish and wildlife officers and ex officio fish and wildlife officers may:
      (i) Lawfully take a dog into custody; or
      (ii) If necessary to avoid repeated harassment, injury, or death of wildlife under this section, destroy the dog.
      (b) Fish and wildlife officers and ex officio fish and wildlife officers who destroy a dog pursuant to this section are immune from civil or criminal liability arising from their actions.

Sec. 20.  RCW 77.15.260 and 2001 c 253 s 33 are each amended to read as follows:

      (1) A person is guilty of unlawful trafficking in fish, shellfish, or wildlife in the second degree if the person traffics in fish, shellfish, or wildlife with a wholesale value of less than two hundred fifty dollars and:

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

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

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

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

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

(b) For purposes of this subsection (2), whenever any series of transactions that constitute unlawful trafficking would, when considered separately, constitute unlawful trafficking in the second degree due to the value of the fish, shellfish, or wildlife, and the  series of transactions are part of a common scheme or plan, then the transactions may be aggregated in one count and the sum of the value of all the transactions considered when determining the degree of unlawful trafficking involved.

      (3)(a) Unlawful trafficking in fish, shellfish, or wildlife in the second degree is a ((gross misdemeanor)) class C felony.

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

Sec. 21.  RCW 77.15.280 and 2008 c 244 s 2 are each amended to read as follows:

      (1) A person is guilty of violating rules requiring reporting of fish or wildlife harvest if the person:

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

      (b) ((Fails to maintain a trapper's report or taxidermist ledger in violation of any rule of the commission or the director;
      (c))) Fails to submit any portion of a big game animal for ((a required)) an inspection as required by department rule ((of the commission or the director; or
      (d) Fails to return a catch record card to the department as required by rule of the commission or director, except for catch record cards officially endorsed for Puget Sound Dungeness crab)).

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

Sec. 22.  RCW 77.15.290 and 2007 c 350 s 6 are each amended to read as follows:

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

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

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

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

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

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

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

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

      (4) ((A person is guilty of unlawful transport of aquatic plants if the person transports aquatic plants on any state or public road, including forest roads, except as provided in this section.
      (5) Unless otherwise prohibited by law, a person may transport aquatic plants:
      (a) To the department, or to another destination designated by the director, in a manner designated by the department, for purposes of identifying a species or reporting the presence of a species;
      (b) When legally obtained for aquarium use, wetland or lakeshore restoration, or ornamental purposes;
      (c) When transporting a commercial aquatic plant harvester to a suitable location for purposes of removing aquatic plants;
      (d) In a manner that prevents their unintentional dispersal, to a suitable location for disposal, research, or educational purposes; or
      (e) As the commission may otherwise prescribe.
      (6) Unlawful transport of aquatic plants is a misdemeanor.
      (7))) This section does not apply to:  (a) Any person stopped at an aquatic invasive species check station who possesses a recreational or commercial watercraft that is contaminated with an aquatic invasive species if that person complies with all department directives for the proper decontamination of the watercraft and equipment; or (b) any person who has voluntarily submitted a recreational or commercial watercraft for inspection by the department or its designee and has received a receipt verifying that the watercraft has not been contaminated since its last use.

Sec. 23.  RCW 77.15.370 and 2009 c 333 s 17 are each amended to read as follows:

      (1) A person is guilty of unlawful recreational fishing in the first degree if:

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

      (b) The person fishes in a fishway;

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

      (d) The person fishes for or possesses a fish listed as threatened or endangered in 50 C.F.R. Sec. ((17.11 (2002))) 223.102 (2006) or Sec. 224.101 (2010), unless fishing for or possession of such fish is specifically allowed under federal or state law; ((or))

      (e) The person possesses a sturgeon measuring in excess of the maximum size limit as established by rules adopted by the department; or
      (f) The person possesses a salmon or steelhead during a season closed for that species.

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

Sec. 24.  RCW 77.15.380 and 2010 c 193 s 5 are each amended to read as follows:

      (1) A person is guilty of unlawful recreational fishing in the second degree if the person fishes for((,)) fish or shellfish and, whether or not the person possesses fish or shellfish, the person has not purchased the appropriate fishing or shellfishing license and catch record card issued to Washington residents or nonresidents under chapter 77.32 RCW.
      (2) A person is guilty of unlawful recreational fishing in the second degree if the person takes, possesses, or harvests fish or shellfish and:

      (a) The person owns, but does not have ((and possess)) in the person's possession, the license or the catch record card required by chapter 77.32 RCW for such activity; or

      (b) The action violates any department rule ((of the commission or the director)) regarding seasons, bag or possession limits but less than two times the bag or possession limit, closed areas, closed times, or any other rule addressing the manner or method of fishing or possession of fish((, except for)).  This section does not apply to use of a net to take fish ((as provided for in)) under RCW 77.15.580 ((and)) or the unlawful use of shellfish gear for personal use ((as provided in)) under RCW 77.15.382.

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

Sec. 25.  RCW 77.15.390 and 2001 c 253 s 40 are each amended to read as follows:

      (1) A person is guilty of unlawful taking of seaweed if the person takes, possesses, or harvests seaweed and:

      (a) The person ((does not have and possess the license required by chapter 77.32 RCW for taking seaweed)) has not purchased a personal use shellfish and seaweed license issued to Washington residents or nonresidents under chapter 77.32 RCW; or

      (b) The ((action violates any rule of the department or the department of natural resources regarding seasons, possession limits, closed areas, closed times, or any other rule addressing the manner or method of taking, possessing, or harvesting)) person takes, possesses, or harvests seaweed in an amount that is two times or more of the daily possession limit of seaweed.

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

Sec. 26.  RCW 77.15.400 and 2006 c 148 s 1 are each amended to read as follows:

      (1) A person is guilty of unlawful hunting of wild birds in the second degree if the person hunts for wild birds and, whether or not the person possesses wild birds, the person has not purchased the appropriate hunting license issued to Washington residents or nonresidents under chapter 77.32 RCW.
      (2) A person is guilty of unlawful hunting of wild birds in the second degree if the person takes or possesses less than two times the bag or possession limit of wild birds and the person:

      (a) ((Hunts for, takes, or possesses a wild bird and the person does not have and possess)) Owns, but does not have in the person's possession, all licenses, tags, stamps, and permits required under this title; or

      (b) ((Maliciously destroys, takes, or harms the eggs or nests of a wild bird except when authorized by permit;
      (c))) Violates any department rule ((of the commission or director)) regarding seasons, bag or possession limits ((but less than two times the bag or possession limit)), closed areas, closed times, or ((other rule addressing)) the manner or method of hunting or possession of wild birds((; or
      (d) Possesses a wild bird taken during a closed season for that wild bird or taken from a closed area for that wild bird)).

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

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

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

      (((4))) (5) In addition to the penalties set forth in this section, if a person, other than a youth as defined in RCW 77.08.010 for hunting purposes, violates a department rule ((adopted by the commission under the authority of this title)) that requires the use of nontoxic shot, upon conviction:

      (a) The court shall require a payment of one thousand dollars as a criminal wildlife penalty assessment that must be paid to the clerk of the court and distributed to the state treasurer for deposit in the fish and wildlife enforcement reward account created in RCW 77.15.425.  The criminal wildlife penalty assessment must be imposed regardless of and in addition to any sentence, fine, or costs imposed for violating this section.  The criminal wildlife penalty assessment must be included by the court in any pronouncement of sentence and may not be suspended, waived, modified, or deferred in any respect; and

      (b) The department shall revoke the hunting license of the person and order a suspension of small game hunting privileges for two years.

Sec. 27.  RCW 77.15.410 and 2011 c 133 s 1 are each amended to read as follows:

      (1) A person is guilty of unlawful hunting of big game in the second degree if the person:

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

      (b) Violates any department rule ((of the commission or director)) regarding seasons, bag or possession limits, closed areas including game reserves, closed times, or any other rule governing the hunting, taking, or possession of big game((; or
      (c) Possesses big game taken during a closed season for that big game or taken from a closed area for that big game)).

      (2) A person is guilty of unlawful hunting of big game in the first degree if the person commits the act described in subsection (1) of this section and:

      (a) The person hunts for, takes, or possesses three or more big game animals within the same course of events; or

      (b) The act occurs within five years of the date of a prior conviction under this title involving unlawful hunting, killing, possessing, or taking big game.

      (3)(a) Unlawful hunting of big game in the second degree is a gross misdemeanor.  Upon conviction of an offense involving killing or possession of big game taken during a closed season, closed area, ((or taken)) without the proper license, tag, or permit using an unlawful method, or in excess of the bag or possession limit, the department shall revoke all of the person's hunting licenses and tags and order a suspension of the person's hunting privileges for two years.

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

      (4) For the purposes of this section, "same course of events" means within one twenty-four hour period, or a pattern of conduct composed of a series of acts that are unlawful under subsection (1) of this section, over a period of time evidencing a continuity of purpose.

Sec. 28.  RCW 77.15.430 and 1999 c 258 s 4 are each amended to read as follows:

      (1) A person is guilty of unlawful hunting of wild animals in the second degree if the person hunts for wild animals not classified as big game and, whether or not the person possesses the wild animals, the person has not purchased the appropriate hunting license issued to Washington residents or nonresidents under chapter 77.32 RCW.
      (2) A person is guilty of unlawful hunting of wild animals in the second degree if the person:

      (a) ((Hunts for,)) Takes((,)) or possesses a wild animal that is not classified as big game, and owns, but does not have ((and possess)) in the person's possession, all licenses, tags, or permits required by this title; or

      (b) Violates any department rule ((of the commission or director)) regarding seasons, bag or possession limits but less than two times the bag or possession limit, closed areas including game reserves, closed times, or any other rule addressing the manner or method of hunting or possession of wild animals not classified as big game((; or
      (c) Possesses a wild animal that is not classified as big game taken during a closed season for that wild animal or from a closed area for that wild animal)).

      (((2))) (3) A person is guilty of unlawful hunting of wild animals in the first degree if the person takes or possesses two times or more than the possession or bag limit for wild animals that are not classified as big game animals as allowed by department rule ((of the commission or director)).

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

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

Sec. 29.  RCW 77.15.460 and 1999 c 258 s 7 are each amended to read as follows:

      (1) A person is guilty of unlawful possession of a loaded ((firearm in a motor vehicle)) rifle or shotgun in a motor vehicle, as defined in RCW 46.04.320, or upon an off-road vehicle, as defined in RCW 46.04.365, if:

      (a) The person carries, transports, conveys, possesses, or controls a rifle or shotgun in ((or on)) a motor vehicle, or upon an off-road vehicle, except as allowed by department rule; and

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

      (2) A person is guilty of unlawful use of a loaded firearm if:
      (a) The person negligently ((shoots)) discharges a firearm from, across, or along the maintained portion of a public highway; or
      (b) The person discharges a firearm from within a moving motor vehicle or from upon a moving off-road vehicle.

      (3) Unlawful possession of a loaded ((firearm in)) rifle or shotgun in a motor vehicle or upon an off-road vehicle, and unlawful use of a loaded firearm ((is a)) are misdemeanors.

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

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

      (b) Possesses a disabled hunter's permit as provided by RCW 77.32.237 and complies with all rules of the department concerning hunting by persons with disabilities; or
      (c) Discharges the rifle or shotgun from upon a nonmoving motor vehicle or a nonmoving off-road vehicle, as long as the engine is turned off and the motor vehicle or off-road vehicle is not parked on or beside the maintained portion of a public road, except as authorized by the commission by rule.

      (5) For purposes of subsection (1) of this section, a ((firearm)) rifle or shotgun shall not be considered loaded if the detachable clip or magazine is not inserted in or attached to the ((firearm)) rifle or shotgun.

Sec. 30.  RCW 77.15.610 and 2009 c 333 s 5 are each amended to read as follows:

      (1) A person who holds a fur ((buyer's)) dealer's license or taxidermy license is guilty of unlawful use of a commercial wildlife license if the person((:
      (a))) fails to purchase and have in the ((license in)) person's possession the required license while engaged in fur buying or practicing taxidermy for commercial purposes((; or
      (b) Violates any rule of the department regarding reporting requirements or the use, possession, display, or presentation of the taxidermy or fur buyer's license)).

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

Sec. 31.  RCW 77.15.620 and 2009 c 333 s 20 are each amended to read as follows:

      (1) A person is guilty of engaging in fish dealing activity without a license in the second degree if the person:

      (a) Engages in the commercial processing of fish or shellfish, including custom canning or processing of personal use fish or shellfish and does not hold a wholesale dealer's license required by RCW 77.65.280(1) or 77.65.480 for anadromous game fish, or a direct retail endorsement under RCW 77.65.510;

      (b) Engages in the wholesale selling, buying, or brokering of food fish or shellfish and does not hold a wholesale dealer's or buying license required by RCW 77.65.280(2) or 77.65.480 for anadromous game fish;

      (c) Is a fisher who lands and sells his or her catch or harvest in the state to anyone other than a licensed wholesale dealer within or outside the state and does not hold a direct retail endorsement required by RCW 77.65.510; or

      (d) Engages in the commercial manufacture or preparation of fertilizer, oil, meal, caviar, fish bait, or other by-products from food fish or shellfish and does not hold a wholesale dealer's license required by RCW 77.65.280(4) or 77.65.480 for anadromous game fish.

      (2) ((Engaging in fish dealing activity without a license in the second degree is a gross misdemeanor.
      (3))) A person is guilty of engaging in fish dealing activity without a license in the first degree if the person commits the act described by subsection (1) of this section and the violation involves((:  (a))) fish or shellfish worth two hundred fifty dollars or more((; (b) a failure to document such fish or shellfish with a fish receiving ticket or other documentation required by statute or rule of the department; or (c) violates [a violation of] any other rule of the department regarding wholesale fish buying and dealing)).

(3)(a) Engaging in fish dealing activity without a license in the second degree is a gross misdemeanor.
      (b) Engaging in fish dealing activity without a license in the first degree is a class C felony.

Sec. 32.  RCW 77.15.630 and 2000 c 107 s 254 are each amended to read as follows:

      (1) A person who ((holds a fish dealer's license required by RCW 77.65.280, an anadromous game fish buyer's license required by RCW 77.65.480, or a fish buyer's license required by RCW 77.65.340 is guilty of unlawful use of fish buying and dealing licenses)) acts in the capacity of a wholesale fish dealer, anadromous game fish buyer, or a fish buyer is guilty of unlawful fish and shellfish catch accounting in the second degree if the person:

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

      (b) Fails to document such fish or shellfish with a fish-receiving ticket or other documentation required by statute or department rule ((of the department)); or
      (c) Fails to sign the fish receiving ticket or other required documentation, fails to provide all of the information required by statute or department rule on the fish receiving ticket or other documentation, or both.

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

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

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

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

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

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

Sec. 33.  RCW 77.15.640 and 2002 c 301 s 8 are each amended to read as follows:

      (1) A person who holds a wholesale fish dealer's license required by RCW 77.65.280, an anadromous game fish buyer's license required by RCW 77.65.480, a fish buyer's license required by RCW 77.65.340, or a direct retail endorsement under RCW 77.65.510 is guilty of ((violating rules governing)) unlawful wholesale fish buying and dealing if the person:

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

      (b) Fails to display or uses the license in violation of any department rule ((of the department;
      (c) Files a signed fish-receiving ticket but fails to provide all information required by rule of the department; or
      (d) Violates any other rule of the department regarding wholesale fish buying and dealing)).

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

Sec. 34.  RCW 77.15.650 and 2008 c 10 s 2 are each amended to read as follows:

      (1) A person is guilty of unlawful purchase or use of a license in the second degree if the person buys, holds, uses, displays, transfers, or obtains any license, tag, permit, or approval required by this title and the person:

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

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

      (c) Except as authorized under RCW 77.32.565, uses or displays a license, permit, tag, or approval that was issued to another person;

      (d) Except as authorized under RCW 77.32.565, permits or allows a license, permit, tag, or approval to be used or displayed by another person not named on the license, permit, tag, or approval;

      (e) Acquires or holds a license while privileges for the license are revoked or suspended;
      (f) Holds a resident license from another state or country.  This subsection (1)(f) only applies if the Washington license, tag, permit, or approval that the person buys, holds, uses, displays, transfers, or obtains is a resident license.  It is prima facie evidence of a violation of this section if any person who has a resident license from another state or country purchases a resident license, tag, permit, or approval in Washington.  This subsection does not apply to individuals who meet the definition of "resident" in section 5(2), (3), and (4) of this act.

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

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

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

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

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

Sec. 35.  RCW 77.15.660 and 1998 c 190 s 55 are each amended to read as follows:

      (1) A person is guilty of unlawful use of a scientific permit if the permit issued by the director is for big game or big game parts, and the person:

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

      (b) Buys or sells ((fish or wildlife taken)) big game or big game parts that were taken or acquired with a scientific permit; or

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

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

Sec. 36.  RCW 77.15.700 and 2009 c 333 s 2 are each amended to read as follows:

      (1) The department shall ((impose revocation and suspension of)) revoke a person's recreational license or licenses and suspend a person's recreational license privileges in the following circumstances:

      (a) Upon conviction, if directed by statute for an offense.

      (b) Upon conviction ((of a violation not involving commercial fishing)), failure to appear at a hearing to contest an infraction or criminal charge, or an unvacated payment of a fine or a finding of committed as a final disposition for any infraction, if the department finds that actions of the defendant demonstrated a willful or wanton disregard for conservation of fish or wildlife.  Suspension of privileges under this subsection may be permanent.

      (c) If a person is convicted, fails to appear at a hearing to contest an infraction or criminal citation, or has an unvacated payment of a fine or a finding of committed as a final disposition for any infraction, twice within ten years for a violation involving unlawful hunting, killing, or possessing big game.  Revocation and suspension under this subsection must be ordered for all hunting privileges for two years.

      (d) If a person violates, three times or more in a ten-year period, recreational hunting or fishing laws or rules for which the person:  (i) Is convicted of an offense; (ii) has an ((uncontested notice of)) unvacated payment of a fine or a finding of committed as a final disposition for any infraction; or (iii) fails to appear at a hearing to contest ((a fish and wildlife infraction; or (iv) is found to have committed)) an infraction or a criminal citation.  Revocation and suspension under this subsection must be ordered of all recreational hunting and fishing privileges for two years.

      (2)(a) A violation punishable as an infraction counts towards the revocation and suspension of recreational hunting and fishing privileges under this section if that violation is:

      (i) Punishable as a crime on July 24, 2005, and is subsequently decriminalized; or

      (ii) One of the following violations, as they exist on July 24, 2005:  RCW 77.15.160; WAC 220-56-116; WAC 220-56-315(11); or WAC 220-56-355 (1) through (4).

      (b) The commission may, by rule, designate infractions that do not count towards the revocation and suspension of recreational hunting and fishing privileges.

      (3) If either the deferred education licensee or the required nondeferred accompanying person, hunting under the authority of RCW 77.32.155(2), is convicted of a violation of this title, fails to appear at a hearing to contest a fish and wildlife infraction or a criminal citation, or has an unvacated payment of a fine or a finding of committed as a final disposition for any fish and wildlife infraction, except for a violation of RCW 77.15.400 (1) through (((3))) (4), the department may revoke all hunting licenses and tags and may order a suspension of either or both the deferred education licensee's and the nondeferred accompanying person's hunting privileges for one year.

(4) A person who has a recreational license revoked and privileges suspended under this section may file an appeal with the department pursuant to chapter 34.05 RCW.  An appeal must be filed within twenty days of notice of license revocation and privilege suspension.  If an appeal is filed, the revocation and suspension issued by the department do not take effect until twenty-one days after the department has delivered an opinion.  If no appeal is filed within twenty days of notice of license revocation and suspension, the right to an appeal is waived, and the revocation and suspension take effect twenty-one days following the notice of revocation and suspension.
      (5) A recreational license revoked and privilege suspended under this section is in addition to the statutory penalties assigned to the underlying violation.

Sec. 37.  RCW 77.15.720 and 2000 c 107 s 258 are each amended to read as follows:

      (1)(a) If a person ((shoots)) discharges a firearm, bow, or crossbow while hunting and in a manner that injures, or that a reasonable person would believe is likely to injure, another person ((or domestic livestock while hunting)), the director shall revoke all of the shooter's hunting licenses and suspend all hunting privileges for three years.  If the shooting ((of another person or livestock is the result of criminal negligence or reckless or intentional conduct, then the person's)) kills or results in the death of another person, then the director shall revoke all of the shooter's hunting licenses and suspend all of the person's hunting privileges ((shall be suspended)) for ten years.  ((The))

(b) If a person, with malice, discharges a firearm, bow, or crossbow while hunting and in a manner that kills or causes substantial bodily harm to livestock belonging to another person, the director shall revoke all of the shooter's hunting licenses and suspend all hunting privileges for three years.  For the purposes of this subsection (1)(b), "malice" has the same meaning as provided in RCW 9A.04.110 but applies to acts against livestock.
      (2) A suspension under subsection (1) of this section shall be continued beyond ((these)) the applicable periods if damages owed to the victim or livestock owner have not been paid by the suspended person.  ((A)) In such a case, no hunting license shall ((not)) be reissued to the suspended person unless authorized by the director.

      (((2) Within twenty days of service of an order suspending privileges or imposing conditions under this section or RCW 77.15.710, a person may petition for administrative review under chapter 34.05 RCW by serving the director with a petition for review.  The order is final and unappealable if there is no timely petition for administrative review.)) (3) A person who is notified of a license revocation under this section may request an appeal hearing under chapter 34.05 RCW.

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

Sec. 38.  RCW 77.15.740 and 2008 c 225 s 2 are each amended to read as follows:

      (1) Except as provided in subsection (2) of this section, it is unlawful to:

      (a) ((Approach, by any means, within three hundred feet of a southern resident orca whale (Orcinus orca);
      (b) Cause a vessel or other object to approach within three hundred feet of a southern resident orca whale;
      (c) Intercept a southern resident orca whale.  A person intercepts a southern resident orca whale when that person places a vessel or allows a vessel to remain in the path of a whale and the whale approaches within three hundred feet of that vessel;
      (d) Fail to disengage the transmission of a vessel that is within three hundred feet of a southern resident orca whale, for which the vessel operator is strictly liable; or
      (e) Feed a southern resident orca whale, for which any person feeding a southern resident orca whale is strictly liable.
      (2) A person is exempt from subsection (1) of this section where:
      (a) A reasonably prudent person in that person's position would determine that compliance with the requirements of subsection (1) of this section will threaten the safety of the vessel, the vessel's crew or passengers, or is not feasible due to vessel design limitations, or because the vessel is restricted in its ability to maneuver due to wind, current, tide, or weather;
      (b) That person is lawfully participating in a commercial fishery and is engaged in actively setting, retrieving, or closely tending commercial fishing gear;
      (c) That person is acting in the course of official duty for a state, federal, tribal, or local government agency; or
      (d) That person is acting pursuant to and consistent with authorization from a state or federal government agency.
      (3) Nothing in this section is intended to conflict with existing rules regarding safe operation of a vessel or vessel navigation rules.
      (4))) Cause a vessel or other object to approach, in any manner, within two hundred yards of a southern resident orca whale;
      (b) Position a vessel to be in the path of a southern resident orca whale at any point located within four hundred yards of the whale.  This includes intercepting a southern resident orca whale by positioning a vessel so that the prevailing wind or water current carries the vessel into the path of the whale at any point located within four hundred yards of the whale;
      (c) Fail to disengage the transmission of a vessel that is within two hundred yards of a southern resident orca whale; or
      (d) Feed a southern resident orca whale.
      (2) A person is exempt from subsection (1) of this section if that person is:
      (a) Operating a federal government vessel in the course of his or her official duties, or operating a state, tribal, or local government vessel when engaged in official duties involving law enforcement, search and rescue, or public safety;
      (b) Operating a vessel in conjunction with a vessel traffic service established under 33 C.F.R. and following a traffic separation scheme, or complying with a vessel traffic service measure of direction.  This also includes support vessels escorting ships in the traffic lanes, such as tug boats;
      (c) Engaging in an activity, including scientific research, pursuant to a permit or other authorization from the national marine fisheries service and the department;
      (d) Lawfully engaging in a treaty Indian or commercial fishery that is actively setting, retrieving, or closely tending fishing gear;
      (e) Conducting vessel operations necessary to avoid an imminent and serious threat to a person, vessel, or the environment, including when necessary for overall safety of navigation and to comply with state and federal navigation requirements; or
      (f) Engaging in rescue or clean-up efforts of a beached southern resident orca whale overseen, coordinated, or authorized by a volunteer stranding network.
      (3) For the purpose of this section, "vessel" includes aircraft, canoes, fishing vessels, kayaks, personal watercraft, rafts, recreational vessels, tour boats, whale watching boats, vessels engaged in whale watching activities, or other small craft including power boats and sailboats.

      (((5))) (4)(a) A violation of this section is a natural resource infraction punishable under chapter 7.84 RCW.

(b) A person who qualifies for an exemption under subsection (2) of this section may offer that exemption as an affirmative defense, which that person must prove by a preponderance of the evidence.

NEW SECTION.  Sec. 39.  A new section is added to chapter 77.15 RCW to read as follows:

      (1) A person may not negligently feed or attempt to feed large wild carnivores or negligently attract large wild carnivores to land or a building.

      (2) If a fish and wildlife officer, ex officio fish and wildlife officer, or animal control authority, as defined in RCW 16.30.010, has probable cause to believe that a person is negligently feeding, attempting to feed, or attracting large wild carnivores to land or a building by placing or locating food, food waste, or other substance in, on, or about any land or building, and the food, food waste, or other substance poses a risk to the safety of any person, livestock, or pet because it is attracting or could attract large wild carnivores to the land or building, that person commits an infraction under chapter 7.84 RCW.

      (3) Subsection (2) of this section does not apply to:

      (a) A person who is engaging in forest practices in accordance with chapter 76.09 RCW or in hunting or trapping wildlife in accordance with all other applicable provisions of this title or rules of the commission or the director;

      (b) A person who is engaging in a farming or ranching operation that is using generally accepted farming or ranching practices consistent with Titles 15 and 16 RCW;

      (c) Waste disposal facilities that are operating in accordance with applicable federal, state, and municipal laws;

      (d) Entities listed in RCW 16.30.020(1) (a) through (j) and scientific collection permit holders; or

      (e) A fish and wildlife officer or employee or agent of the department operating under the authority of or upon request from an officer conducting authorized wildlife capture activities to address a threat to human safety or a wildlife interaction as defined in RCW 77.36.010.

      (4) For persons and entities listed in subsection (3) of this section, a fish and wildlife officer, ex officio fish and wildlife officer, or animal control authority, as defined in RCW 16.30.010, may issue a written warning to the person or entity if:

      (a) The officer or animal control authority can articulate facts to support that the person or entity has placed or is responsible for placing food, food waste, or other substance in, on, or about the person's or entity's land or buildings; and

      (b) The food, food waste, or other substance poses a risk to the safety of any person, livestock, or pet because the food, food waste, or other substance is attracting or could attract large wild carnivores to the land or buildings.

      (5)(a) Any written warning issued under subsection (4) of this section requires the person or entity placing or otherwise responsible for placing the food, food waste, or other substance to contain, move, or remove that food, food waste, or other substance within two days.

      (b) If a person who is issued a written warning under (a) of this subsection fails to contain, move, or remove the food, food waste, or other substance as directed, the person commits an infraction under chapter 7.84 RCW.

NEW SECTION.  Sec. 40.  A new section is added to chapter 77.15 RCW to read as follows:

      (1) A person may not intentionally feed or attempt to feed large wild carnivores or intentionally attract large wild carnivores to land or a building.

      (2) A person who intentionally feeds, attempts to feed, or attracts large wild carnivores to land or a building is guilty of a misdemeanor.

      (3) A person who is issued an infraction under section 39 of this act for negligently feeding, attempting to feed, or attracting large wild carnivores to land or a building, and who fails to contain, move, or remove the food, food waste, or other substance within twenty-four hours of being issued the infraction, is guilty of a misdemeanor.

NEW SECTION.  Sec. 41.  The following acts or parts of acts are each repealed:

      (1) RCW 77.12.315 (Dogs harassing deer and elk‑-Declaration of emergency‑-Taking dogs into custody or destroying‑-Immunity) and 2000 c 107 s 221, 1987 c 506 s 40, 1980 c 78 s 49, & 1971 ex.s. c 183 s 1;

      (2) RCW 77.15.140 (Unclassified fish or wildlife‑-Unlawful taking‑-Penalty) and 1998 c 190 s 15;

      (3) RCW 77.15.220 (Unlawful posting‑-Penalty) and 1998 c 190 s 25; and

      (4) RCW 77.15.330 (Unlawful hunting or fishing contests‑-Penalty) and 2001 c 253 s 36 & 1998 c 190 s 56.

NEW SECTION.  Sec. 42.  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.

 

       Strike everything after the enacting clause and insert the following:

"Sec. 43.  RCW 7.84.030 and 2011 c 320 s 14 are each amended to read as follows:

      (1) An infraction proceeding is initiated by the issuance and service of a printed notice of infraction and filing of a printed or electronic copy of the notice of infraction.

      (2)(a) A notice of infraction may be issued by a person authorized to enforce the provisions of the title or chapter in which the infraction is established, or by a person authorized by an interlocal agreement entered into under RCW 7.84.140, when the infraction occurs in that person's presence.

(b) A person who is a peace officer as defined in chapter 10.93 RCW may detain the person receiving the infraction for a reasonable period of time necessary to identify the person, check for outstanding warrants, and complete and issue a notice of infraction under RCW 7.84.050.  A person who is to receive a notice of infraction is required to identify himself or herself to the peace officer by giving the person's name, address, and date of birth.  Upon request, the person shall produce reasonable identification, including a driver's license or identicard.  Any person who fails to comply with the requirement to identify himself or herself and give the person's current address is guilty of a misdemeanor.

      (3) A court may issue a notice of infraction if a person authorized to enforce the provisions of the title or chapter in which the infraction is established, or by a person authorized by an interlocal agreement entered into under RCW 7.84.140, files with the court a written statement that the infraction was committed in that person's presence or that the officer has reason to believe an infraction was committed.

      (4) Service of a notice of infraction issued under subsection (2) or (3) of this section shall be as provided by court rule.

      (5) A notice of infraction shall be filed with a court having jurisdiction within five days of issuance, excluding Saturdays, Sundays, and holidays.

Sec. 44.  RCW 9.94A.515 and 2010 c 289 s 11 and 2010 c 227 s 9 are each reenacted and amended to read as follows:

 

Sec. 45.  RCW 77.08.010 and 2011 c 324 s 3 are each reenacted and amended to read as follows:

      The definitions in this section apply throughout this title or rules adopted under this title unless the context clearly requires otherwise.

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

      (2) "Aquatic invasive species" means any invasive, prohibited, regulated, unregulated, or unlisted aquatic animal or plant species as defined under subsections (3), (28), (40), (44), (60), and (61) of this section, aquatic noxious weeds as defined under RCW 17.26.020(5)(c), and aquatic nuisance species as defined under RCW 77.60.130(1).

      (3) "Aquatic plant species" means an emergent, submersed, partially submersed, free-floating, or floating-leaving plant species that grows in or near a body of water or wetland.

      (4) "Bag limit" means the maximum number of game animals, game birds, or game fish which may be taken, caught, killed, or possessed by a person, as specified by rule of the commission for a particular period of time, or as to size, sex, or species.

      (5) "Closed area" means a place where the hunting of some or all species of wild animals or wild birds is prohibited.

      (6) "Closed season" means all times, manners of taking, and places or waters other than those established by rule of the commission as an open season.  "Closed season" also means all hunting, fishing, taking, or possession of game animals, game birds, game fish, food fish, or shellfish that do not conform to the special restrictions or physical descriptions established by rule of the commission as an open season or that have not otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the commission as an open season.

      (7) "Closed waters" means all or part of a lake, river, stream, or other body of water, where fishing or harvesting is prohibited.

      (8) "Commercial" means related to or connected with buying, selling, or bartering.

      (9) "Commission" means the state fish and wildlife commission.

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

      (11) "Contraband" means any property that is unlawful to produce or possess.

      (12) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated as dangerous to the environment or wildlife of the state.

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

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

      (15) "Endangered species" means wildlife designated by the commission as seriously threatened with extinction.

      (16) "Ex officio fish and wildlife officer" means ((a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction.  The term "ex officio fish and wildlife officer" includes special agents of the national marine fisheries service, state parks commissioned officers, United States fish and wildlife special agents, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions)):
      (a) A commissioned officer of a municipal, county, or state agency having as its primary function the enforcement of criminal laws in general, while the officer is acting in the respective jurisdiction of that agency;
      (b) An officer or special agent commissioned by one of the following:  The national marine fisheries service; the Washington state parks and recreation commission; the United States fish and wildlife service; the Washington state department of natural resources; the United States forest service; or the United States parks service, if the agent or officer is in the respective jurisdiction of the primary commissioning agency and is acting under a mutual law enforcement assistance agreement between the department and the primary commissioning agency;
      (c) A commissioned fish and wildlife peace officer from another state who meets the training standards set by the Washington state criminal justice training commission pursuant to RCW 10.93.090, 43.101.080, and 43.101.200, and who is acting under a mutual law enforcement assistance agreement between the department and the primary commissioning agency; or
      (d) A Washington state tribal police officer who successfully completes the requirements set forth under RCW 43.101.157, is employed by a tribal nation that has complied with RCW 10.92.020(2) (a) and (b), and is acting under a mutual law enforcement assistance agreement between the department and the tribal government.

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

      (18) "Fish and wildlife officer" means a person appointed and commissioned by the director, with authority to enforce this title and rules adopted pursuant to this title, and other statutes as prescribed by the legislature.  Fish and wildlife officer includes a person commissioned before June 11, 1998, as a wildlife agent or a fisheries patrol officer.

      (19) "Fish broker" means a person whose business it is to bring a seller of fish and shellfish and a purchaser of those fish and shellfish together.

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

      (21) "Freshwater" means all waters not defined as saltwater including, but not limited to, rivers upstream of the river mouth, lakes, ponds, and reservoirs.

      (22) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the commission.

      (23) "Game animals" means wild animals that shall not be hunted except as authorized by the commission.

      (24) "Game birds" means wild birds that shall not be hunted except as authorized by the commission.

      (25) "Game farm" means property on which wildlife is held ((or)), confined, propagated, hatched, fed, or otherwise raised for commercial purposes, trade, or gift.  The term "game farm" does not include publicly owned facilities.

      (26) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited.

      (27) "Illegal items" means those items unlawful to be possessed.

      (28) "Invasive species" means a plant species or a nonnative animal species that either:

      (a) Causes or may cause displacement of, or otherwise threatens, native species in their natural communities;

      (b) Threatens or may threaten natural resources or their use in the state;

      (c) Causes or may cause economic damage to commercial or recreational activities that are dependent upon state waters; or

      (d) Threatens or harms human health.

      (29) "License year" means the period of time for which a recreational license is valid.  The license year begins April 1st, and ends March 31st.

      (30) "Limited-entry license" means a license subject to a license limitation program established in chapter 77.70 RCW.

      (31) "Money" means all currency, script, personal checks, money orders, or other negotiable instruments.

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

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

      (34) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful hunting, fishing, taking, or possession of game animals, game birds, game fish, food fish, or shellfish that conform to the special restrictions or physical descriptions established by rule of the commission or that have otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the commission.  "Open season" includes the first and last days of the established time.

      (35) "Owner" means the person in whom is vested the ownership dominion, or title of the property.

      (36) "Person" means and includes an individual; a corporation; a public or private entity or organization; a local, state, or federal agency; all business organizations, including corporations and partnerships; or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.

      (37) "Personal property" or "property" includes both corporeal and incorporeal personal property and includes, among other property, contraband and money.

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

      (39) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the commission.

      (40) "Prohibited aquatic animal species" means an invasive species of the animal kingdom that has been classified as a prohibited aquatic animal species by the commission.

      (41) "Protected wildlife" means wildlife designated by the commission that shall not be hunted or fished.

      (42) "Raffle" means an activity in which tickets bearing an individual number are sold for not more than twenty-five dollars each and in which a permit or permits are awarded to hunt or for access to hunt big game animals or wild turkeys on the basis of a drawing from the tickets by the person or persons conducting the raffle.

      (43) "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.

      (44) "Regulated aquatic animal species" means a potentially invasive species of the animal kingdom that has been classified as a regulated aquatic animal species by the commission.

      (45) "Resident" ((means:
      (a) A person who has maintained a permanent place of abode within the state for at least ninety days immediately preceding an application for a license, has established by formal evidence an intent to continue residing within the state, and who is not licensed to hunt or fish as a resident in another state; and
      (b) A person age eighteen or younger who does not qualify as a resident under (a) of this subsection, but who has a parent that qualifies as a resident under (a) of this subsection)) has the same meaning as defined in section 4 of this act.

      (46) "Retail-eligible species" means commercially harvested salmon, crab, and sturgeon.

      (47) "Saltwater" means those marine waters seaward of river mouths.

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

      (49) "Senior" means a person seventy years old or older.

      (50) "Shark fin" means a raw, dried, or otherwise processed detached fin or tail of a shark.

      (51)(a) "Shark fin derivative product" means any product intended for use by humans or animals that is derived in whole or in part from shark fins or shark fin cartilage.

      (b) "Shark fin derivative product" does not include a drug approved by the United States food and drug administration and available by prescription only or medical device or vaccine approved by the United States food and drug administration.

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

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

      (54) "To fish," "to harvest," and "to take," and their derivatives means an effort to kill, injure, harass, or catch a fish or shellfish.

      (55) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.

      (56) "To process" and its derivatives mean preparing or preserving fish, wildlife, or shellfish.

      (57) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.

      (58) "Trafficking" means offering, attempting to engage, or engaging in sale, barter, or purchase of fish, shellfish, wildlife, or deleterious exotic wildlife.

      (59) "Unclaimed" means that no owner of the property has been identified or has requested, in writing, the release of the property to themselves nor has the owner of the property designated an individual to receive the property or paid the required postage to effect delivery of the property.

      (60) "Unlisted aquatic animal species" means a nonnative animal species that has not been classified as a prohibited aquatic animal species, a regulated aquatic animal species, or an unregulated aquatic animal species by the commission.

      (61) "Unregulated aquatic animal species" means a nonnative animal species that has been classified as an unregulated aquatic animal species by the commission.

      (62) "Wholesale fish dealer" means a person who, acting for commercial purposes, takes possession or ownership of fish or shellfish and sells, barters, or exchanges or attempts to sell, barter, or exchange fish or shellfish that have been landed into the state of Washington or entered the state of Washington in interstate or foreign commerce.

      (63) "Wild animals" means those species of the class Mammalia whose members exist in Washington in a wild state ((and the species Rana catesbeiana (bullfrog))).  The term "wild animal" does not include feral domestic mammals or old world rats and mice of the family Muridae of the order Rodentia.

      (64) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.

      (65) "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state.  This includes but is not limited to mammals, birds, reptiles, amphibians, fish, and invertebrates.  The term "wildlife" does not include feral domestic mammals, old world rats and mice of the family Muridae of the order Rodentia, or those fish, shellfish, and marine invertebrates classified as food fish or shellfish by the director.  The term "wildlife" includes all stages of development and the bodily parts of wildlife members.

      (66) "Youth" means a person fifteen years old for fishing and under sixteen years old for hunting.

(67) "Anadromous game fish buyer" means a person who purchases or sells steelhead trout and other anadromous game fish harvested by Indian fishers lawfully exercising fishing rights reserved by federal statute, treaty, or executive order, under conditions prescribed by rule of the director.
      (68) "Building" means a private domicile, garage, barn, or public or commercial building.
      (69) "Fish buyer" means a person engaged by a wholesale fish dealer to purchase food fish or shellfish from a licensed commercial fisher.
      (70) "Food, food waste, or other substance" includes human and pet food or other waste or garbage that could attract large wild carnivores.
      (71) "Fur dealer" means a person who purchases, receives, or resells raw furs for commercial purposes.
      (72)(a) "Intentionally feed, attempt to feed, or attract" means to purposefully or knowingly provide, leave, or place in, on, or about any land or building any food, food waste, or other substance that attracts or could attract large wild carnivores to that land or building.
      (b) "Intentionally feed, attempt to feed, or attract" does not include keeping food, food waste, or other substance in an enclosed garbage receptacle or other enclosed container unless specifically directed by a fish and wildlife officer or animal control authority to secure the receptacle or container in another manner.
      (73) "Large wild carnivore" includes wild bear, cougar, and wolf.
      (74) "Natural person" means a human being.
      (75)(a) "Negligently feed, attempt to feed, or attract" means to provide, leave, or place in, on, or about any land or building any food, food waste, or other substance that attracts or could attract large wild carnivores to that land or building, without the awareness that a reasonable person in the same situation would have with regard to the likelihood that the food, food waste, or other substance could attract large wild carnivores to the land or building.
      (b) "Negligently feed, attempt to feed, or attract" does not include keeping food, food waste, or other substance in an enclosed garbage receptacle or other enclosed container unless specifically directed by a fish and wildlife officer or animal control authority to secure the receptacle or container in another manner.
      (76) "Taxidermist" means a person who, for commercial purposes, creates lifelike representations of fish and wildlife using fish and wildlife parts and various supporting structures.
      (77) "Wildlife meat cutter" means a person who packs, cuts, processes, or stores wildlife for consumption for another for commercial purposes.

NEW SECTION.  Sec. 46.  A new section is added to chapter 77.08 RCW to read as follows:

      For the purposes of this title or rules adopted under this title, "resident" means:

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

      (a) For purposes of this section, "permanent place of abode" means a residence in this state that a person maintains for personal use.

      (b) A natural person can demonstrate that the person has maintained a permanent place of abode in Washington by showing that the person:

      (i) Uses a Washington state address for federal income tax or state tax purposes;

      (ii) Designates this state as the person's residence for obtaining eligibility to hold a public office or for judicial actions;

      (iii) Is a registered voter in the state of Washington; or

      (iv) Is a custodial parent with a child attending prekindergarten, kindergarten, elementary school, middle school, or high school in this state.

      (c) A natural person can demonstrate the intent to continue residing within the state by showing that he or she:

      (i) Has a valid Washington state driver's license; or

      (ii) Has a valid Washington state identification card, if the person is not eligible for a Washington state driver's license; and

      (iii) Has registered the person's vehicle or vehicles in Washington state.

      (2) The spouse of a member of the United States armed forces if the member qualifies as a resident under subsection (1), (3), or (4) of this section, or a natural person age eighteen or younger who does not qualify as a resident under subsection (1) of this section, but who has a parent or legal guardian who qualifies as a resident under subsection (1), (3), or (4) of this section.

      (3) A member of the United States armed forces temporarily stationed in Washington state on predeployment orders.  A copy of the person's military orders is required to meet this condition.

      (4) A member of the United States armed forces who is permanently stationed in Washington state or who designates Washington state on their military "state of legal residence certificate" or enlistment or re-enlistment documents.  A copy of the person's "state of legal residence certificate" or enlistment or re-enlistment documents is required to meet the conditions of this subsection.

Sec. 47.  RCW 77.15.030 and 1999 c 258 s 1 are each amended to read as follows:

Except as provided in RCW 77.15.260(2)(b), where it is unlawful to hunt, take, fish, possess, or traffic in big game or protected or endangered fish or wildlife, then each individual animal unlawfully taken or possessed is a separate offense.

Sec. 48.  RCW 77.15.050 and 2009 c 333 s 1 are each amended to read as follows:

      (1) Unless the context clearly requires otherwise, as used in this chapter, "conviction" means((:
      (a))) a final conviction in a state or municipal court((;
      (b) A failure to appear at a hearing to contest an infraction or criminal citation; or
      (c) An unvacated forfeiture of bail paid as a final disposition for an offense)).

      (2) A plea of guilty((,)) or a finding of guilt for a violation of this title or department rule ((of the commission or director)) constitutes a conviction regardless of whether the imposition of sentence is deferred or the penalty is suspended.

Sec. 49.  RCW 77.15.075 and 2009 c 204 s 1 are each amended to read as follows:

      (1) Fish and wildlife officers ((and ex officio fish and wildlife officers shall enforce this title, rules of the department, and other statutes as prescribed by the legislature.  Fish and wildlife officers who are not ex officio officers)) shall have and exercise, throughout the state, such police powers and duties as are vested in sheriffs and peace officers generally.  Fish and wildlife officers are general authority Washington peace officers.
      (2) An applicant for a fish and wildlife officer position must be a citizen of the United States of America who can read and write the English language.  ((All fish and wildlife officers employed after June 13, 2002, must successfully complete the basic law enforcement academy course, known as the basic course, sponsored by the criminal justice training commission, or the basic law enforcement equivalency certification, known as the equivalency course, provided by the criminal justice training commission.  All officers employed on June 13, 2002, must have successfully completed the basic course, the equivalency course, or the supplemental course in criminal law enforcement, known as the supplemental course, offered under chapter 155, Laws of 1985.  Any officer who has not successfully completed the basic course, the equivalency course, or the supplemental course must complete the basic course or the equivalency course within fifteen months of June 13, 2002.
      (2) Fish and wildlife officers are peace officers)) Before a person may be appointed to act as a fish and wildlife officer, the person shall meet the minimum standards for employment with the department, including successful completion of a psychological examination and polygraph examination or similar assessment procedure administered in accordance with the requirements of RCW 43.101.095(2).

      (3) Any liability or claim of liability under chapter 4.92 RCW that arises out of the exercise or alleged exercise of authority by a fish and wildlife officer rests with the department unless the fish and wildlife officer acts under the direction and control of another agency or unless the liability is otherwise assumed under an agreement between the department and another agency.

      (4) ((Fish and wildlife officers may serve and execute warrants and processes issued by the courts.
      (5))) The department may utilize the services of a volunteer chaplain as provided under chapter 41.22 RCW.

Sec. 50.  RCW 77.15.080 and 2002 c 281 s 8 are each amended to read as follows:

      (1) Based upon articulable facts that a person is engaged in fishing, harvesting, or hunting activities, fish and wildlife officers and ex officio fish and wildlife officers have the authority to temporarily stop the person and check for valid licenses, tags, permits, stamps, or catch record cards, and to inspect all fish, shellfish, seaweed, and wildlife in possession as well as the equipment being used to ensure compliance with the requirements of this title((, and)).  Fish and wildlife officers and ex officio fish and wildlife officers also may request that the person ((to)) write his or her signature for comparison with the signature on ((the)) his or her fishing, harvesting, or hunting license.  Failure to comply with the request is prima facie evidence that the person is not the person named on the license.  ((For licenses purchased over the internet or telephone,)) Fish and wildlife officers may require the person, if age ((eighteen)) sixteen or older, to exhibit a driver's license or other photo identification.

      (2) Based upon articulable facts that a person is transporting a prohibited aquatic animal species or any aquatic plant, fish and wildlife officers and ex officio fish and wildlife officers have the authority to temporarily stop the person and inspect the watercraft to ensure that the watercraft and associated equipment are not transporting prohibited aquatic animal species or aquatic plants.

Sec. 51.  RCW 77.15.100 and 2009 c 333 s 39 are each amended to read as follows:

      (1) ((Unless otherwise provided in this title,))  Fish, shellfish, ((or wildlife unlawfully taken or possessed, or involved in a violation shall be forfeited to the state upon conviction.  Unless already held by, sold, destroyed, or disposed of by the department, the court shall order such fish or wildlife to be delivered to the department.  Where delay will cause loss to the value of the property and a ready wholesale buying market exists, the department may sell property to a wholesale buyer at a fair market value.
      (2) When seized property is forfeited to the department, the department may retain it for official use unless the property is required to be destroyed, or upon application by any law enforcement agency of the state, release the property to the agency for the use of enforcing this title, or sell such property and deposit the proceeds into the fish and wildlife enforcement reward account established under RCW 77.15.425.  Any sale of other property shall be at public auction or after public advertisement reasonably designed to obtain the highest price.  The time, place, and manner of holding the sale shall be determined by the director.  The director may contract for the sale to be through the department of general administration as state surplus property, or, except where not justifiable by the value of the property, the director shall publish notice of the sale once a week for at least two consecutive weeks before the sale in at least one newspaper of general circulation in the county in which the sale is to be held)) and wildlife are property of the state under RCW 77.04.012.  Fish and wildlife officers may sell seized, commercially harvested fish and shellfish to a wholesale buyer and deposit the proceeds into the fish and wildlife enforcement reward account under RCW 77.15.425.  Seized, recreationally harvested fish, shellfish, and wildlife may be donated to nonprofit charitable organizations.  The charitable organization must qualify for tax-exempt status under 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code.
      (2) Unless otherwise provided in this title, fish, shellfish, or wildlife taken, possessed, or harvested in violation of this title or department rule shall be forfeited to the state upon conviction or any outcome in criminal court whereby a person voluntarily enters into a disposition that continues or defers the case for dismissal upon the successful completion of specific terms or conditions.  For criminal cases resulting in other types of dispositions, the fish, shellfish, or wildlife may be returned, or its equivalent value paid, if the fish, shellfish, or wildlife have already been donated or sold.

NEW SECTION.  Sec. 52.  A new section is added to chapter 77.15 RCW to read as follows:

      (1) A person is guilty of unlawfully hunting on, or retrieving hunted wildlife from, the property of another if the person knowingly enters or remains unlawfully in or on the premises of another for the purpose of hunting for wildlife or retrieving hunted wildlife.

      (2) In any prosecution under this section, it is a defense that:

      (a) The premises were at the time open to members of the public for the purpose of hunting, and the actor complied with all lawful conditions imposed on access to or remaining on the premises;

      (b) The actor reasonably believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him or her to enter or remain on the premises for the purpose of hunting or retrieving hunted wildlife; or

      (c) The actor reasonably believed that the premises were not privately owned.

      (3) Unlawfully hunting on or retrieving hunted wildlife from the property of another is a misdemeanor.

      (4) If a person unlawfully hunts and kills wildlife, or retrieves hunted wildlife that he or she has killed, on the property of another, then, upon conviction of unlawfully hunting on, or retrieving hunted wildlife from, the property of another, the department shall revoke all hunting licenses and tags and order a suspension of the person's hunting privileges for two years.

      (5) Any wildlife that is unlawfully hunted on or retrieved from the property of another must be seized by fish and wildlife officers.  Forfeiture and disposition of the wildlife is pursuant to RCW 77.15.100.

NEW SECTION.  Sec. 53.  A new section is added to chapter 77.15 RCW to read as follows:

      When seized property, other than fish, shellfish, and wildlife, is judicially forfeited to the department, the department may:  (1) Retain it for official use unless the property is required to be destroyed; (2) upon application by any law enforcement agency of the state, release the property to the agency for use in enforcing this title; (3) donate the property as provided under RCW 77.130.060; or (4) sell the property and deposit the proceeds into the fish and wildlife enforcement reward account created in RCW 77.15.425.  Any sale of the property must be done in accordance with RCW 77.130.010(1) and 77.130.020.  However, the requirement in those sections for notice to owners does not apply.

Sec. 54.  RCW 77.15.110 and 2002 c 127 s 2 are each amended to read as follows:

      (1) For purposes of this chapter, a person acts for commercial purposes if the person engages in conduct that relates to commerce in fish, seaweed, shellfish, or wildlife or any parts thereof.  Commercial conduct may include taking, delivering, selling, buying, or trading fish, seaweed, shellfish, or wildlife where there is present or future exchange of money, goods, or any valuable consideration.  Evidence that a person acts for commercial purposes includes, but is not limited to, the following conduct:

      (a) Using gear typical of that used in commercial fisheries;

      (b) Exceeding the bag or possession limits for personal use by taking or possessing more than three times the amount of fish, seaweed, shellfish, or wildlife allowed;

      (c) Delivering or attempting to deliver fish, seaweed, shellfish, or wildlife to a person who sells or resells fish, seaweed, shellfish, or wildlife including any licensed or unlicensed wholesaler;

      (d) Taking fish or shellfish using a vessel designated on a commercial fishery license or using gear not authorized in a personal use fishery;

      (e) Using a commercial fishery license;

      (f) Selling or dealing in raw furs for a fee or in exchange for goods or services; ((or))

      (g) Performing taxidermy service on fish, shellfish, or wildlife belonging to another person for a fee or receipt of goods or services; or
      (h) Packs, cuts, processes, or stores the meat of wildlife for consumption, for a fee or in exchange for goods or services.

      (2) For purposes of this chapter, the value of any fish, seaweed, shellfish, or wildlife may be proved based on evidence of legal or illegal sales involving the person charged or any other person, of offers to sell or solicitation of offers to sell by the person charged or by any other person, or of any market price for the fish, seaweed, shellfish, or wildlife including market price for farm-raised game animals.  The value assigned to specific fish, seaweed, shellfish, or wildlife by RCW 77.15.420 may be presumed to be the value of such fish, seaweed, shellfish, or wildlife.  It is not relevant to proof of value that the person charged misrepresented that the fish, seaweed, shellfish, or wildlife was taken in compliance with law if the fish, seaweed, shellfish, or wildlife was unlawfully taken and had no lawful market value.

Sec. 55.  RCW 77.15.130 and 1998 c 190 s 14 are each amended to read as follows:

      (1) A person is guilty of unlawful taking of protected fish or wildlife if:

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

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

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

(3) In addition to the penalties set forth in subsection (2) of this section, if a person is convicted of violating this section and the violation results in the death of protected wildlife listed in this subsection, the court shall require payment of the following amounts for each animal killed or possessed.  This is a criminal wildlife penalty assessment that must be paid to the clerk of the court and distributed each month to the state treasurer for deposit in the fish and wildlife enforcement reward account created in RCW 77.15.425:
      (a) Ferruginous hawk, two thousand dollars;
      (b) Common loon, two thousand dollars;
      (c) Bald eagle, two thousand dollars;
      (d) Golden eagle, two thousand dollars; and
      (e) Peregrine falcon, two thousand dollars.
      (4) If two or more persons are convicted under subsection (1) of this section, and subsection (3) of this section is applicable, the criminal wildlife penalty assessment must be imposed against the persons jointly and separately.
      (5)(a) The criminal wildlife penalty assessment under subsection (3) of this section must be imposed regardless of and in addition to any sentence, fines, or costs otherwise provided for violating any provision of this section.  The criminal wildlife penalty assessment must be included by the court in any pronouncement of sentence and may not be suspended, waived, modified, or deferred in any respect.
      (b) This subsection may not be construed to abridge or alter alternative rights of action or remedies in equity or under common law or statutory law, criminal or civil.
      (6) A defaulted criminal wildlife penalty assessment authorized under subsection (3) of this section may be collected by any means authorized by law for the enforcement of orders of the court or collection of a fine or costs, including but not limited to vacation of a deferral of sentencing or vacation of a suspension of sentence.
      (7) The department shall revoke the hunting license and suspend the hunting privileges of a person assessed a criminal wildlife penalty assessment under this section until the penalty assessment is paid through the registry of the court in which the penalty assessment was assessed.
      (8) The criminal wildlife penalty assessments provided in subsection (3) of this section must be doubled in the following instances:
      (a) When a person commits a violation that requires payment of a criminal wildlife penalty assessment within five years of a prior gross misdemeanor or felony conviction under this title; or
      (b) When the person killed the protected wildlife in question with the intent of bartering, selling, or otherwise deriving economic profit from the wildlife or wildlife parts.

Sec. 56.  RCW 77.15.160 and 2000 c 107 s 237 are each amended to read as follows:

      ((A person is guilty of an infraction, which shall)) The following acts are infractions and must be cited and punished as provided under chapter 7.84 RCW((, if the person)):

      (1) ((Fails to immediately record a catch of fish or shellfish on a catch record card required by RCW 77.32.430, or required by rule of the commission under this title; or
      (2) Fishes for personal use using barbed hooks in violation of any rule; or
      (3) Violates any other rule of the commission or director that is designated by rule as an infraction)) Fishing and shellfishing infractions:
      (a) Barbed hooks:  Fishing for personal use with barbed hooks in violation of any department rule.
      (b)  Catch recording:  Failing to immediately record a catch of fish or shellfish on a catch record card as required by RCW 77.32.430 or department rule.
      (c) Catch reporting:  Failing to return a catch record card to the department for other than Puget Sound Dungeness crab, as required by department rule.
      (d) Recreational fishing:  Fishing for fish or shellfish and, without yet possessing fish or shellfish, the person:
      (i) Owns, but fails to have in the person's possession the license or the catch record card required by chapter 77.32 RCW for such an activity; or
      (ii) Violates any department rule regarding seasons, closed areas, closed times, or any other rule addressing the manner or method of fishing for fish or shellfish.  This subsection does not apply to use of a net to take fish under RCW 77.15.580 or the unlawful use of shellfish gear for personal use under RCW 77.15.382.
      (e) Seaweed:  Taking, possessing, or harvesting less than two times the daily possession limit of seaweed:
      (i) While owning, but not having in the person's possession, the license required by chapter 77.32 RCW; or
      (ii) In violation of any rule of the department or the department of natural resources regarding seasons, closed areas, closed times, or any other rule addressing the manner or method of taking, possessing, or harvesting of seaweed.
      (f) Unclassified fish or shellfish:  Taking unclassified fish or shellfish in violation of any department rule by killing, fishing, taking, holding, possessing, or maliciously injuring or harming fish or shellfish that is not classified as game fish, food fish, shellfish, protected fish, or endangered fish.
      (g) Wasting fish or shellfish:  Killing, taking, or possessing fish or shellfish having a value of less than two hundred fifty dollars and allowing the fish or shellfish to be wasted.
      (2) Hunting infractions:
      (a) Eggs or nests:  Maliciously, and without permit authorization, destroying, taking, or harming the eggs or active nests of a wild bird not classified as endangered or protected.  For purposes of this subsection, "active nests" means nests that contain eggs or fledglings.
      (b) Unclassified wildlife:  Taking unclassified wildlife in violation of any department rule by killing, hunting, taking, holding, possessing, or maliciously injuring or harming wildlife that is not classified as big game, game animals, game birds, protected wildlife, or endangered wildlife.
      (c) Wasting wildlife:  Killing, taking, or possessing wildlife that is not classified as big game and has a value of less than two hundred fifty dollars, and allowing the wildlife to be wasted.
      (d) Wild animals:  Hunting for wild animals not classified as big game and, without yet possessing the wild animals, the person owns, but fails to have in the person's possession, all licenses, tags, or permits required by this title.
      (e) Wild birds:  Hunting for and, without yet possessing a wild bird or birds, the person:
      (i) Owns, but fails to have in the person's possession, all licenses, tags, stamps, and permits required under this title; or
      (ii) Violates any department rule regarding seasons, closed areas, closed times, or any other rule addressing the manner or method of hunting wild birds.
      (3) Trapping, taxidermy, fur dealing, and wildlife meat cutting infractions:
      (a) Recordkeeping and reporting:  If a person is a taxidermist, fur dealer, or wildlife meat cutter who is processing, holding, or storing wildlife for commercial purposes, failing to:
      (i) Maintain records as required by department rule; or
      (ii) Report information from these records as required by department rule.
      (b) Trapper's report:  Failing to report trapping activity as required by department rule.
      (4) Other infractions:
      (a) Contests:  Conducting, holding, or sponsoring a hunting contest, a fishing contest involving game fish, or a competitive field trial using live wildlife.
      (b) Other rules:  Violating any other department rule that is designated by rule as an infraction.
      (c) Posting signs:  Posting signs preventing hunting or fishing on any land not owned or leased by the person doing the posting, or without the permission of the person who owns, leases, or controls the land posted.
      (d) Scientific permits:  Using a scientific permit issued by the director for fish, shellfish, or wildlife, but not including big game or big game parts, and the person:
      (i) Violates any terms or conditions of the scientific permit; or
      (ii) Violates any department rule applicable to the issuance or use of scientific permits.
      (e) Transporting aquatic plants:  Transporting aquatic plants on any state or public road, including forest roads.  However:
      (i) This subsection does not apply to plants that are:
      (A) Being transported to the department or to another destination designated by the director, in a manner designated by the department, for purposes of identifying a species or reporting the presence of a species;
      (B) Legally obtained for aquarium use, wetland or lakeshore restoration, or ornamental purposes;
      (C) Located within or on a commercial aquatic plant harvester that is being transported to a suitable location to remove aquatic plants;
      (D) Being transported in a manner that prevents their unintentional dispersal, to a suitable location for disposal, research, or educational purposes; or
      (E) Being transported in such a way as the commission may otherwise prescribe; and
      (ii) This subsection does not apply to a person who:
      (A) Is stopped at an aquatic invasive species check station and possesses a recreational or commercial watercraft that is contaminated with an aquatic invasive plant species if that person complies with all department directives for the proper decontamination of the watercraft and equipment; or
      (B) Has voluntarily submitted a recreational or commercial watercraft for inspection by the department or its designee and has received a receipt verifying that the watercraft has not been contaminated since its last use.

Sec. 57.  RCW 77.15.170 and 1999 c 258 s 5 are each amended to read as follows:

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

      (a) ((The person kills, takes, or possesses fish, shellfish, or wildlife and the value of the fish, shellfish, or wildlife is greater than twenty dollars but less than two hundred fifty dollars; and
      (b) The person recklessly allows such fish, shellfish, or wildlife to be wasted.
      (2) A person is guilty of waste of fish and wildlife in the first degree if:
      (a))) The person kills, takes, or possesses fish, shellfish, or wildlife having a value of two hundred fifty dollars or more or wildlife classified as big game; and

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

      (((3)(a) Waste of fish and wildlife in the second degree is a misdemeanor.
      (b))) (2) Waste of fish and wildlife ((in the first degree)) is a gross misdemeanor.  Upon conviction, the department shall revoke any license or tag used in the crime and shall order suspension of the person's privileges to engage in the activity in which the person committed waste of fish and wildlife ((in the first degree)) for a period of one year.

      (((4))) (3) It is prima facie evidence of waste if:
      (a) A processor purchases or engages a quantity of food fish, shellfish, or game fish that cannot be processed within sixty hours after the food fish, game fish, or shellfish are taken from the water, unless the food fish, game fish, or shellfish are preserved in good marketable condition; or
      (b) A person brings a big game animal to a wildlife meat cutter and then abandons the animal.  For purposes of this subsection (3)(b), a big game animal is deemed to be abandoned when its carcass is placed in the custody of a wildlife meat cutter for butchering and processing and:
      (i) Having been placed in such custody for an unspecified period of time, the meat is not removed within thirty days after the wildlife meat cutter gives notice to the person who brought in the carcass or, having been so notified, the person who brought in the carcass refuses or fails to pay the agreed upon or reasonable charges for the butchering or processing of the carcass; or
      (ii) Having been placed in such custody for a specified period of time, the meat is not removed at the end of the specified period or the person who brought in the carcass refuses to pay the agreed upon or reasonable charges for the butchering or processing of the carcass.

Sec. 58.  RCW 77.15.190 and 1999 c 258 s 9 are each amended to read as follows:

      (1) A person is guilty of unlawful trapping if the person:

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

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

      (c) Fails to identify the owner of the traps or devices by neither (i) attaching a metal tag with the owner's department-assigned identification number or the name and address of the trapper legibly written in numbers or letters not less than one-eighth inch in height nor (ii) inscribing into the metal of the trap such number or name and address.

      (2) Unlawful trapping is a misdemeanor.

Sec. 59.  RCW 77.15.240 and 1998 c 190 s 30 are each amended to read as follows:

      (1) A person is guilty of unlawful use of dogs if the person:

      (a) Negligently fails to prevent a dog under the person's control from pursuing, harassing, attacking, or ((injuring)) killing deer, elk, moose, caribou, mountain sheep, or ((an)) animals classified as endangered under this title; or

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

      (2) For purposes of this section, a dog is "under a person's control" if the dog is owned or possessed by, or in the custody of, a person.
      (3) Unlawful use of dogs is a misdemeanor.  ((A dog that is the basis for a violation of this section may be declared a public nuisance.))

(4)(a) Based on a reasonable belief that a dog is pursuing, harassing, attacking, or killing a snow bound deer, elk, moose, caribou, mountain sheep, or animals classified as protected or endangered under this title, fish and wildlife officers and ex officio fish and wildlife officers may:
      (i) Lawfully take a dog into custody; or
      (ii) If necessary to avoid repeated harassment, injury, or death of wildlife under this section, destroy the dog.
      (b) Fish and wildlife officers and ex officio fish and wildlife officers who destroy a dog pursuant to this section are immune from civil or criminal liability arising from their actions.

Sec. 60.  RCW 77.15.260 and 2001 c 253 s 33 are each amended to read as follows:

      (1) A person is guilty of unlawful trafficking in fish, shellfish, or wildlife in the second degree if the person traffics in fish, shellfish, or wildlife with a wholesale value of less than two hundred fifty dollars and:

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

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

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

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

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

(b) For purposes of this subsection (2), whenever any series of transactions that constitute unlawful trafficking would, when considered separately, constitute unlawful trafficking in the second degree due to the value of the fish, shellfish, or wildlife, and the  series of transactions are part of a common scheme or plan, then the transactions may be aggregated in one count and the sum of the value of all the transactions considered when determining the degree of unlawful trafficking involved.

      (3)(a) Unlawful trafficking in fish, shellfish, or wildlife in the second degree is a ((gross misdemeanor)) class C felony.

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

Sec. 61.  RCW 77.15.280 and 2008 c 244 s 2 are each amended to read as follows:

      (1) A person is guilty of violating rules requiring reporting of fish or wildlife harvest if the person:

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

      (b) ((Fails to maintain a trapper's report or taxidermist ledger in violation of any rule of the commission or the director;
      (c))) Fails to submit any portion of a big game animal for ((a required)) an inspection as required by department rule ((of the commission or the director; or
      (d) Fails to return a catch record card to the department as required by rule of the commission or director, except for catch record cards officially endorsed for Puget Sound Dungeness crab)).

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

Sec. 62.  RCW 77.15.290 and 2007 c 350 s 6 are each amended to read as follows:

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

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

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

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

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

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

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

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

      (4) ((A person is guilty of unlawful transport of aquatic plants if the person transports aquatic plants on any state or public road, including forest roads, except as provided in this section.
      (5) Unless otherwise prohibited by law, a person may transport aquatic plants:
      (a) To the department, or to another destination designated by the director, in a manner designated by the department, for purposes of identifying a species or reporting the presence of a species;
      (b) When legally obtained for aquarium use, wetland or lakeshore restoration, or ornamental purposes;
      (c) When transporting a commercial aquatic plant harvester to a suitable location for purposes of removing aquatic plants;
      (d) In a manner that prevents their unintentional dispersal, to a suitable location for disposal, research, or educational purposes; or
      (e) As the commission may otherwise prescribe.
      (6) Unlawful transport of aquatic plants is a misdemeanor.
      (7))) This section does not apply to:  (a) Any person stopped at an aquatic invasive species check station who possesses a recreational or commercial watercraft that is contaminated with an aquatic invasive species if that person complies with all department directives for the proper decontamination of the watercraft and equipment; or (b) any person who has voluntarily submitted a recreational or commercial watercraft for inspection by the department or its designee and has received a receipt verifying that the watercraft has not been contaminated since its last use.

Sec. 63.  RCW 77.15.370 and 2009 c 333 s 17 are each amended to read as follows:

      (1) A person is guilty of unlawful recreational fishing in the first degree if:

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

      (b) The person fishes in a fishway;

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

      (d) The person fishes for or possesses a fish listed as threatened or endangered in 50 C.F.R. Sec. ((17.11 (2002))) 223.102 (2006) or Sec. 224.101 (2010), unless fishing for or possession of such fish is specifically allowed under federal or state law; ((or))

      (e) The person possesses a sturgeon measuring in excess of the maximum size limit as established by rules adopted by the department; or
      (f) The person possesses a salmon or steelhead during a season closed for that species.

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

Sec. 64.  RCW 77.15.380 and 2010 c 193 s 5 are each amended to read as follows:

      (1) A person is guilty of unlawful recreational fishing in the second degree if the person fishes for((,)) fish or shellfish and, whether or not the person possesses fish or shellfish, the person has not purchased the appropriate fishing or shellfishing license and catch record card issued to Washington residents or nonresidents under chapter 77.32 RCW.
      (2) A person is guilty of unlawful recreational fishing in the second degree if the person takes, possesses, or harvests fish or shellfish and:

      (a) The person owns, but does not have ((and possess)) in the person's possession, the license or the catch record card required by chapter 77.32 RCW for such activity; or

      (b) The action violates any department rule ((of the commission or the director)) regarding seasons, bag or possession limits but less than two times the bag or possession limit, closed areas, closed times, or any other rule addressing the manner or method of fishing or possession of fish((, except for)).  This section does not apply to use of a net to take fish ((as provided for in)) under RCW 77.15.580 ((and)) or the unlawful use of shellfish gear for personal use ((as provided in)) under RCW 77.15.382.

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

Sec. 65.  RCW 77.15.390 and 2001 c 253 s 40 are each amended to read as follows:

      (1) A person is guilty of unlawful taking of seaweed if the person takes, possesses, or harvests seaweed and:

      (a) The person ((does not have and possess the license required by chapter 77.32 RCW for taking seaweed)) has not purchased a personal use shellfish and seaweed license issued to Washington residents or nonresidents under chapter 77.32 RCW; or

      (b) The ((action violates any rule of the department or the department of natural resources regarding seasons, possession limits, closed areas, closed times, or any other rule addressing the manner or method of taking, possessing, or harvesting)) person takes, possesses, or harvests seaweed in an amount that is two times or more of the daily possession limit of seaweed.

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

Sec. 66.  RCW 77.15.400 and 2006 c 148 s 1 are each amended to read as follows:

      (1) A person is guilty of unlawful hunting of wild birds in the second degree if the person hunts for wild birds and, whether or not the person possesses wild birds, the person has not purchased the appropriate hunting license issued to Washington residents or nonresidents under chapter 77.32 RCW.
      (2) A person is guilty of unlawful hunting of wild birds in the second degree if the person takes or possesses less than two times the bag or possession limit of wild birds and the person:

      (a) ((Hunts for, takes, or possesses a wild bird and the person does not have and possess)) Owns, but does not have in the person's possession, all licenses, tags, stamps, and permits required under this title; or

      (b) ((Maliciously destroys, takes, or harms the eggs or nests of a wild bird except when authorized by permit;
      (c))) Violates any department rule ((of the commission or director)) regarding seasons, bag or possession limits ((but less than two times the bag or possession limit)), closed areas, closed times, or ((other rule addressing)) the manner or method of hunting or possession of wild birds((; or
      (d) Possesses a wild bird taken during a closed season for that wild bird or taken from a closed area for that wild bird)).

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

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

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

      (((4))) (5) In addition to the penalties set forth in this section, if a person, other than a youth as defined in RCW 77.08.010 for hunting purposes, violates a department rule ((adopted by the commission under the authority of this title)) that requires the use of nontoxic shot, upon conviction:

      (a) The court shall require a payment of one thousand dollars as a criminal wildlife penalty assessment that must be paid to the clerk of the court and distributed to the state treasurer for deposit in the fish and wildlife enforcement reward account created in RCW 77.15.425.  The criminal wildlife penalty assessment must be imposed regardless of and in addition to any sentence, fine, or costs imposed for violating this section.  The criminal wildlife penalty assessment must be included by the court in any pronouncement of sentence and may not be suspended, waived, modified, or deferred in any respect; and

      (b) The department shall revoke the hunting license of the person and order a suspension of small game hunting privileges for two years.

Sec. 67.  RCW 77.15.410 and 2011 c 133 s 1 are each amended to read as follows:

      (1) A person is guilty of unlawful hunting of big game in the second degree if the person:

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

      (b) Violates any department rule ((of the commission or director)) regarding seasons, bag or possession limits, closed areas including game reserves, closed times, or any other rule governing the hunting, taking, or possession of big game((; or
      (c) Possesses big game taken during a closed season for that big game or taken from a closed area for that big game)).

      (2) A person is guilty of unlawful hunting of big game in the first degree if the person commits the act described in subsection (1) of this section and:

      (a) The person hunts for, takes, or possesses three or more big game animals within the same course of events; or

      (b) The act occurs within five years of the date of a prior conviction under this title involving unlawful hunting, killing, possessing, or taking big game.

      (3)(a) Unlawful hunting of big game in the second degree is a gross misdemeanor.  Upon conviction of an offense involving killing or possession of big game taken during a closed season, closed area, ((or taken)) without the proper license, tag, or permit using an unlawful method, or in excess of the bag or possession limit, the department shall revoke all of the person's hunting licenses and tags and order a suspension of the person's hunting privileges for two years.

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

      (4) For the purposes of this section, "same course of events" means within one twenty-four hour period, or a pattern of conduct composed of a series of acts that are unlawful under subsection (1) of this section, over a period of time evidencing a continuity of purpose.

Sec. 68.  RCW 77.15.430 and 1999 c 258 s 4 are each amended to read as follows:

      (1) A person is guilty of unlawful hunting of wild animals in the second degree if the person hunts for wild animals not classified as big game and, whether or not the person possesses the wild animals, the person has not purchased the appropriate hunting license issued to Washington residents or nonresidents under chapter 77.32 RCW.
      (2) A person is guilty of unlawful hunting of wild animals in the second degree if the person:

      (a) ((Hunts for,)) Takes((,)) or possesses a wild animal that is not classified as big game, and owns, but does not have ((and possess)) in the person's possession, all licenses, tags, or permits required by this title; or

      (b) Violates any department rule ((of the commission or director)) regarding seasons, bag or possession limits but less than two times the bag or possession limit, closed areas including game reserves, closed times, or any other rule addressing the manner or method of hunting or possession of wild animals not classified as big game((; or
      (c) Possesses a wild animal that is not classified as big game taken during a closed season for that wild animal or from a closed area for that wild animal)).

      (((2))) (3) A person is guilty of unlawful hunting of wild animals in the first degree if the person takes or possesses two times or more than the possession or bag limit for wild animals that are not classified as big game animals as allowed by department rule ((of the commission or director)).

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

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

Sec. 69.  RCW 77.15.460 and 1999 c 258 s 7 are each amended to read as follows:

      (1) A person is guilty of unlawful possession of a loaded ((firearm in a motor vehicle)) rifle or shotgun in a motor vehicle, as defined in RCW 46.04.320, or upon an off-road vehicle, as defined in RCW 46.04.365, if:

      (a) The person carries, transports, conveys, possesses, or controls a rifle or shotgun in ((or on)) a motor vehicle, or upon an off-road vehicle, except as allowed by department rule; and

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

      (2) A person is guilty of unlawful use of a loaded firearm if:
      (a) The person negligently ((shoots)) discharges a firearm from, across, or along the maintained portion of a public highway; or
      (b) The person discharges a firearm from within a moving motor vehicle or from upon a moving off-road vehicle.

      (3) Unlawful possession of a loaded ((firearm in)) rifle or shotgun in a motor vehicle or upon an off-road vehicle, and unlawful use of a loaded firearm ((is a)) are misdemeanors.

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

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

      (b) Possesses a disabled hunter's permit as provided by RCW 77.32.237 and complies with all rules of the department concerning hunting by persons with disabilities; or
      (c) Discharges the rifle or shotgun from upon a nonmoving motor vehicle or a nonmoving off-road vehicle, as long as the engine is turned off and the motor vehicle or off-road vehicle is not parked on or beside the maintained portion of a public road, except as authorized by the commission by rule.

      (5) For purposes of subsection (1) of this section, a ((firearm)) rifle or shotgun shall not be considered loaded if the detachable clip or magazine is not inserted in or attached to the ((firearm)) rifle or shotgun.

Sec. 70.  RCW 77.15.610 and 2009 c 333 s 5 are each amended to read as follows:

      (1) A person who holds a fur ((buyer's)) dealer's license or taxidermy license is guilty of unlawful use of a commercial wildlife license if the person((:
      (a))) fails to purchase and have in the ((license in)) person's possession the required license while engaged in fur buying or practicing taxidermy for commercial purposes((; or
      (b) Violates any rule of the department regarding reporting requirements or the use, possession, display, or presentation of the taxidermy or fur buyer's license)).

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

Sec. 71.  RCW 77.15.620 and 2009 c 333 s 20 are each amended to read as follows:

      (1) A person is guilty of engaging in fish dealing activity without a license in the second degree if the person:

      (a) Engages in the commercial processing of fish or shellfish, including custom canning or processing of personal use fish or shellfish and does not hold a wholesale dealer's license required by RCW 77.65.280(1) or 77.65.480 for anadromous game fish, or a direct retail endorsement under RCW 77.65.510;

      (b) Engages in the wholesale selling, buying, or brokering of food fish or shellfish and does not hold a wholesale dealer's or buying license required by RCW 77.65.280(2) or 77.65.480 for anadromous game fish;

      (c) Is a fisher who lands and sells his or her catch or harvest in the state to anyone other than a licensed wholesale dealer within or outside the state and does not hold a direct retail endorsement required by RCW 77.65.510; or

      (d) Engages in the commercial manufacture or preparation of fertilizer, oil, meal, caviar, fish bait, or other by-products from food fish or shellfish and does not hold a wholesale dealer's license required by RCW 77.65.280(4) or 77.65.480 for anadromous game fish.

      (2) ((Engaging in fish dealing activity without a license in the second degree is a gross misdemeanor.
      (3))) A person is guilty of engaging in fish dealing activity without a license in the first degree if the person commits the act described by subsection (1) of this section and the violation involves((:  (a))) fish or shellfish worth two hundred fifty dollars or more((; (b) a failure to document such fish or shellfish with a fish receiving ticket or other documentation required by statute or rule of the department; or (c) violates [a violation of] any other rule of the department regarding wholesale fish buying and dealing)).

(3)(a) Engaging in fish dealing activity without a license in the second degree is a gross misdemeanor.
      (b) Engaging in fish dealing activity without a license in the first degree is a class C felony.

Sec. 72.  RCW 77.15.630 and 2000 c 107 s 254 are each amended to read as follows:

      (1) A person who ((holds a fish dealer's license required by RCW 77.65.280, an anadromous game fish buyer's license required by RCW 77.65.480, or a fish buyer's license required by RCW 77.65.340 is guilty of unlawful use of fish buying and dealing licenses)) acts in the capacity of a wholesale fish dealer, anadromous game fish buyer, or a fish buyer is guilty of unlawful fish and shellfish catch accounting in the second degree if the person:

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

      (b) Fails to document such fish or shellfish with a fish-receiving ticket or other documentation required by statute or department rule ((of the department)); or
      (c) Fails to sign the fish receiving ticket or other required documentation, fails to provide all of the information required by statute or department rule on the fish receiving ticket or other documentation, or both.

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

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

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

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

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

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

Sec. 73.  RCW 77.15.640 and 2002 c 301 s 8 are each amended to read as follows:

      (1) A person who holds a wholesale fish dealer's license required by RCW 77.65.280, an anadromous game fish buyer's license required by RCW 77.65.480, a fish buyer's license required by RCW 77.65.340, or a direct retail endorsement under RCW 77.65.510 is guilty of ((violating rules governing)) unlawful wholesale fish buying and dealing if the person:

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

      (b) Fails to display or uses the license in violation of any department rule ((of the department;
      (c) Files a signed fish-receiving ticket but fails to provide all information required by rule of the department; or
      (d) Violates any other rule of the department regarding wholesale fish buying and dealing)).

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

Sec. 74.  RCW 77.15.650 and 2008 c 10 s 2 are each amended to read as follows:

      (1) A person is guilty of unlawful purchase or use of a license in the second degree if the person buys, holds, uses, displays, transfers, or obtains any license, tag, permit, or approval required by this title and the person:

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

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

      (c) Except as authorized under RCW 77.32.565, uses or displays a license, permit, tag, or approval that was issued to another person;

      (d) Except as authorized under RCW 77.32.565, permits or allows a license, permit, tag, or approval to be used or displayed by another person not named on the license, permit, tag, or approval;

      (e) Acquires or holds a license while privileges for the license are revoked or suspended;
      (f) Holds a resident license from another state or country.  This subsection (1)(f) only applies if the Washington license, tag, permit, or approval that the person buys, holds, uses, displays, transfers, or obtains is a resident license.  It is prima facie evidence of a violation of this section if any person who has a resident license from another state or country purchases a resident license, tag, permit, or approval in Washington.  This subsection does not apply to individuals who meet the definition of "resident" in section 4(2), (3), and (4) of this act.

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

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

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

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

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

Sec. 75.  RCW 77.15.660 and 1998 c 190 s 55 are each amended to read as follows:

      (1) A person is guilty of unlawful use of a scientific permit if the permit issued by the director is for big game or big game parts, and the person:

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

      (b) Buys or sells ((fish or wildlife taken)) big game or big game parts that were taken or acquired with a scientific permit; or

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

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

Sec. 76.  RCW 77.15.700 and 2009 c 333 s 2 are each amended to read as follows:

      (1) The department shall ((impose revocation and suspension of)) revoke a person's recreational license or licenses and suspend a person's recreational license privileges in the following circumstances:

      (a) Upon conviction, if directed by statute for an offense.

      (b) Upon conviction ((of a violation not involving commercial fishing)), failure to appear at a hearing to contest an infraction or criminal charge, or an unvacated payment of a fine or a finding of committed as a final disposition for any infraction, if the department finds that actions of the defendant demonstrated a willful or wanton disregard for conservation of fish or wildlife.  Suspension of privileges under this subsection may be permanent.

      (c) If a person is convicted, fails to appear at a hearing to contest an infraction or criminal citation, or has an unvacated payment of a fine or a finding of committed as a final disposition for any infraction, twice within ten years for a violation involving unlawful hunting, killing, or possessing big game.  Revocation and suspension under this subsection must be ordered for all hunting privileges for two years.

      (d) If a person violates, three times or more in a ten-year period, recreational hunting or fishing laws or rules for which the person:  (i) Is convicted of an offense; (ii) has an ((uncontested notice of)) unvacated payment of a fine or a finding of committed as a final disposition for any infraction; or (iii) fails to appear at a hearing to contest ((a fish and wildlife infraction; or (iv) is found to have committed)) an infraction or a criminal citation.  Revocation and suspension under this subsection must be ordered of all recreational hunting and fishing privileges for two years.

      (2)(a) A violation punishable as an infraction counts towards the revocation and suspension of recreational hunting and fishing privileges under this section if that violation is:

      (i) Punishable as a crime on July 24, 2005, and is subsequently decriminalized; or

      (ii) One of the following violations, as they exist on July 24, 2005:  RCW 77.15.160; WAC 220-56-116; WAC 220-56-315(11); or WAC 220- 56-355 (1) through (4).

      (b) The commission may, by rule, designate infractions that do not count towards the revocation and suspension of recreational hunting and fishing privileges.

      (3) If either the deferred education licensee or the required nondeferred accompanying person, hunting under the authority of RCW 77.32.155(2), is convicted of a violation of this title, fails to appear at a hearing to contest a fish and wildlife infraction or a criminal citation, or has an unvacated payment of a fine or a finding of committed as a final disposition for any fish and wildlife infraction, except for a violation of RCW 77.15.400 (1) through (((3))) (4), the department may revoke all hunting licenses and tags and may order a suspension of either or both the deferred education licensee's and the nondeferred accompanying person's hunting privileges for one year.

(4) A person who has a recreational license revoked and privileges suspended under this section may file an appeal with the department pursuant to chapter 34.05 RCW.  An appeal must be filed within twenty days of notice of license revocation and privilege suspension.  If an appeal is filed, the revocation and suspension issued by the department do not take effect until twenty-one days after the department has delivered an opinion.  If no appeal is filed within twenty days of notice of license revocation and suspension, the right to an appeal is waived, and the revocation and suspension take effect twenty-one days following the notice of revocation and suspension.
      (5) A recreational license revoked and privilege suspended under this section is in addition to the statutory penalties assigned to the underlying violation.

Sec. 77.  RCW 77.15.720 and 2000 c 107 s 258 are each amended to read as follows:

      (1)(a) If a person ((shoots)) discharges a firearm, bow, or crossbow while hunting and in a manner that injures, or that a reasonable person would believe is likely to injure, another person ((or domestic livestock while hunting)), the director shall revoke all of the shooter's hunting licenses and suspend all hunting privileges for three years.  If the shooting ((of another person or livestock is the result of criminal negligence or reckless or intentional conduct, then the person's)) kills or results in the death of another person, then the director shall revoke all of the shooter's hunting licenses and suspend all of the person's hunting privileges ((shall be suspended)) for ten years.  ((The))

(b) If a person, with malice, discharges a firearm, bow, or crossbow while hunting and in a manner that kills or causes substantial bodily harm to livestock belonging to another person, the director shall revoke all of the shooter's hunting licenses and suspend all hunting privileges for three years.  For the purposes of this subsection (1)(b), "malice" has the same meaning as provided in RCW 9A.04.110 but applies to acts against livestock.
      (2) A suspension under subsection (1) of this section shall be continued beyond ((these)) the applicable periods if damages owed to the victim or livestock owner have not been paid by the suspended person.  ((A)) In such a case, no hunting license shall ((not)) be reissued to the suspended person unless authorized by the director.

      (((2) Within twenty days of service of an order suspending privileges or imposing conditions under this section or RCW 77.15.710, a person may petition for administrative review under chapter 34.05 RCW by serving the director with a petition for review.  The order is final and unappealable if there is no timely petition for administrative review.)) (3) A person who is notified of a license revocation under this section may request an appeal hearing under chapter 34.05 RCW.

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

Sec. 78.  RCW 77.15.740 and 2008 c 225 s 2 are each amended to read as follows:

      (1) Except as provided in subsection (2) of this section, it is unlawful to:

      (a) ((Approach, by any means, within three hundred feet of a southern resident orca whale (Orcinus orca);
      (b) Cause a vessel or other object to approach within three hundred feet of a southern resident orca whale;
      (c) Intercept a southern resident orca whale.  A person intercepts a southern resident orca whale when that person places a vessel or allows a vessel to remain in the path of a whale and the whale approaches within three hundred feet of that vessel;
      (d) Fail to disengage the transmission of a vessel that is within three hundred feet of a southern resident orca whale, for which the vessel operator is strictly liable; or
      (e) Feed a southern resident orca whale, for which any person feeding a southern resident orca whale is strictly liable.
      (2) A person is exempt from subsection (1) of this section where:
      (a) A reasonably prudent person in that person's position would determine that compliance with the requirements of subsection (1) of this section will threaten the safety of the vessel, the vessel's crew or passengers, or is not feasible due to vessel design limitations, or because the vessel is restricted in its ability to maneuver due to wind, current, tide, or weather;
      (b) That person is lawfully participating in a commercial fishery and is engaged in actively setting, retrieving, or closely tending commercial fishing gear;
      (c) That person is acting in the course of official duty for a state, federal, tribal, or local government agency; or
      (d) That person is acting pursuant to and consistent with authorization from a state or federal government agency.
      (3) Nothing in this section is intended to conflict with existing rules regarding safe operation of a vessel or vessel navigation rules.
      (4))) Cause a vessel or other object to approach, in any manner, within two hundred yards of a southern resident orca whale;
      (b) Position a vessel to be in the path of a southern resident orca whale at any point located within four hundred yards of the whale.  This includes intercepting a southern resident orca whale by positioning a vessel so that the prevailing wind or water current carries the vessel into the path of the whale at any point located within four hundred yards of the whale;
      (c) Fail to disengage the transmission of a vessel that is within two hundred yards of a southern resident orca whale; or
      (d) Feed a southern resident orca whale.
      (2) A person is exempt from subsection (1) of this section if that person is:
      (a) Operating a federal government vessel in the course of his or her official duties, or operating a state, tribal, or local government vessel when engaged in official duties involving law enforcement, search and rescue, or public safety;
      (b) Operating a vessel in conjunction with a vessel traffic service established under 33 C.F.R. and following a traffic separation scheme, or complying with a vessel traffic service measure of direction.  This also includes support vessels escorting ships in the traffic lanes, such as tug boats;
      (c) Engaging in an activity, including scientific research, pursuant to a permit or other authorization from the national marine fisheries service and the department;
      (d) Lawfully engaging in a treaty Indian or commercial fishery that is actively setting, retrieving, or closely tending fishing gear;
      (e) Conducting vessel operations necessary to avoid an imminent and serious threat to a person, vessel, or the environment, including when necessary for overall safety of navigation and to comply with state and federal navigation requirements; or
      (f) Engaging in rescue or clean-up efforts of a beached southern resident orca whale overseen, coordinated, or authorized by a volunteer stranding network.
      (3) For the purpose of this section, "vessel" includes aircraft, canoes, fishing vessels, kayaks, personal watercraft, rafts, recreational vessels, tour boats, whale watching boats, vessels engaged in whale watching activities, or other small craft including power boats and sailboats.

      (((5))) (4)(a) A violation of this section is a natural resource infraction punishable under chapter 7.84 RCW.

(b) A person who qualifies for an exemption under subsection (2) of this section may offer that exemption as an affirmative defense, which that person must prove by a preponderance of the evidence.

NEW SECTION.  Sec. 79.  A new section is added to chapter 77.15 RCW to read as follows:

      (1) A person may not negligently feed or attempt to feed large wild carnivores or negligently attract large wild carnivores to land or a building.

      (2) If a fish and wildlife officer, ex officio fish and wildlife officer, or animal control authority, as defined in RCW 16.30.010, has probable cause to believe that a person is negligently feeding, attempting to feed, or attracting large wild carnivores to land or a building by placing or locating food, food waste, or other substance in, on, or about any land or building, and the food, food waste, or other substance poses a risk to the safety of any person, livestock, or pet because it is attracting or could attract large wild carnivores to the land or building, that person commits an infraction under chapter 7.84 RCW.

      (3) Subsection (2) of this section does not apply to:

      (a) A person who is engaging in forest practices in accordance with chapter 76.09 RCW or in hunting or trapping wildlife in accordance with all other applicable provisions of this title or rules of the commission or the director;

      (b) A person who is engaging in a farming or ranching operation that is using generally accepted farming or ranching practices consistent with Titles 15 and 16 RCW;

      (c) Waste disposal facilities that are operating in accordance with applicable federal, state, and municipal laws;

      (d) Entities listed in RCW 16.30.020(1) (a) through (j) and scientific collection permit holders; or

      (e) A fish and wildlife officer or employee or agent of the department operating under the authority of or upon request from an officer conducting authorized wildlife capture activities to address a threat to human safety or a wildlife interaction as defined in RCW 77.36.010.

      (4) For persons and entities listed in subsection (3) of this section, a fish and wildlife officer, ex officio fish and wildlife officer, or animal control authority, as defined in RCW 16.30.010, may issue a written warning to the person or entity if:

      (a) The officer or animal control authority can articulate facts to support that the person or entity has placed or is responsible for placing food, food waste, or other substance in, on, or about the person's or entity's land or buildings; and

      (b) The food, food waste, or other substance poses a risk to the safety of any person, livestock, or pet because the food, food waste, or other substance is attracting or could attract large wild carnivores to the land or buildings.

      (5)(a) Any written warning issued under subsection (4) of this section requires the person or entity placing or otherwise responsible for placing the food, food waste, or other substance to contain, move, or remove that food, food waste, or other substance within two days.

      (b) If a person who is issued a written warning under (a) of this subsection fails to contain, move, or remove the food, food waste, or other substance as directed, the person commits an infraction under chapter 7.84 RCW.

NEW SECTION.  Sec. 80.  A new section is added to chapter 77.15 RCW to read as follows:

      (1) A person may not intentionally feed or attempt to feed large wild carnivores or intentionally attract large wild carnivores to land or a building.

      (2) A person who intentionally feeds, attempts to feed, or attracts large wild carnivores to land or a building is guilty of a misdemeanor.

      (3) A person who is issued an infraction under section 37 of this act for negligently feeding, attempting to feed, or attracting large wild carnivores to land or a building, and who fails to contain, move, or remove the food, food waste, or other substance within twenty-four hours of being issued the infraction, is guilty of a misdemeanor.

NEW SECTION.  Sec. 81.  The following acts or parts of acts are each repealed:

      (1) RCW 77.12.315 (Dogs harassing deer and elk‑-Declaration of emergency‑-Taking dogs into custody or destroying‑-Immunity) and 2000 c 107 s 221, 1987 c 506 s 40, 1980 c 78 s 49, & 1971 ex.s. c 183 s 1;

      (2) RCW 77.15.140 (Unclassified fish or wildlife‑-Unlawful taking‑- Penalty) and 1998 c 190 s 15;

      (3) RCW 77.15.220 (Unlawful posting‑-Penalty) and 1998 c 190 s 25; and

      (4) RCW 77.15.330 (Unlawful hunting or fishing contests‑-Penalty) and 2001 c 253 s 36 & 1998 c 190 s 56.

NEW SECTION.  Sec. 82.  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.

 

Signed by Representatives Hudgins, Chair; Miloscia, Vice Chair; Moscoso, Vice Chair; McCune, Ranking Minority Member; Taylor, Assistant Ranking Minority Member; Ahern; Armstrong; Blake; Fitzgibbon; Ladenburg; Pedersen; Van De Wege and Wilcox.

 

Passed to Committee on Rules for second reading.

 

February 21, 20120)

ESSB 6150         Prime Sponsor, Committee on Transportation: Concerning the administration of a facial recognition matching system and related processes applicable to drivers' licenses, permits, and identicards. (REVISED FOR ENGROSSED: Addressing the driver's license, permit, and identicard system, including the administration of a facial recognition matching system. )  Reported by Committee on Transportation

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 46.20.037 and 2006 c 292 s 1 are each amended to read as follows:

      (1) ((No later than two years after full implementation of the provisions of Title II of P.L. 109-13, improved security for driver's licenses and personal identification cards (Real ID), as passed by Congress May 10, 2005,)) The department ((shall)) may implement a ((voluntary biometric)) facial recognition matching system for ((driver's)) drivers' licenses, permits, and identicards.  ((A biometric)) Any facial recognition matching system ((shall)) selected by the department must be used only to verify the identity of an applicant for or holder of a ((renewal or duplicate)) driver's license, permit, or identicard ((by matching a biometric identifier submitted by the applicant against the biometric identifier submitted when the license was last issued.  This project requires a full review by the information services board using the criteria for projects of the highest visibility and risk)) to determine whether the person has been issued a driver's license, permit, or identicard under a different name or names.

      (2) Any ((biometric)) facial recognition matching system selected by the department ((shall)) must be capable of highly accurate matching, and ((shall)) must be compliant with ((biometric)) appropriate standards established by the American association of motor vehicle administrators that exist on the effective date of this section, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section.

      (3) ((The biometric matching system selected by the department must incorporate a process that allows the owner of a driver's license or identicard to present a personal identification number or other code along with the driver's license or identicard before the information may be verified by a third party, including a governmental entity.
      (4) Upon the establishment of a biometric driver's license and identicard system as described in this section, the department shall allow every person applying for an original, renewal, or duplicate driver's license or identicard to voluntarily submit a biometric identifier.  Each applicant shall be informed of all ways in which the biometric identifier may be used, all parties to whom the identifier may be disclosed and the conditions of disclosure, the expected error rates for the biometric matching system which shall be regularly updated as the technology changes or empirical data is collected, and the potential consequences of those errors.  The department shall adopt rules to allow applicants to verify the accuracy of the system at the time that biometric information is submitted, including the use of at least two separate devices.
      (5) The department may not disclose biometric information to the public or any governmental entity except when authorized by court order.
      (6))) The department shall post notices in conspicuous locations at all department driver licensing offices, make written information available to all applicants at department driver licensing offices, and provide information on the department's web site regarding the facial recognition matching system.  The notices, written information, and information on the web site must address how the facial recognition matching system works, all ways in which the department may use results from the facial recognition matching system, how an investigation based on results from the facial recognition matching system would be conducted, and a person's right to appeal any determinations made under this chapter.
      (4) Results from the facial recognition matching system:
      (a) Are not available for public inspection and copying under chapter 42.56 RCW;
      (b) May only be disclosed pursuant to a valid subpoena, warrant, or court order;
      (c) May only be disclosed to a federal government agency if specifically required under federal law; and
      (d) May be disclosed by the department to a government agency, including a court or law enforcement agency, for use in carrying out its functions if the department has determined that person has committed one of the prohibited practices listed in RCW 46.20.0921 and this determination has been confirmed by a hearings examiner under this chapter or the person declined a hearing or did not attend a scheduled hearing.
      (5) All ((biometric)) personally identifying information ((shall)) derived from the facial recognition matching system must be stored with appropriate security safeguards((, including but not limited to encryption)).  The office of the chief information officer shall develop the appropriate security standards for the department's use of the facial recognition matching system, subject to approval and oversight by the technology services board.

      (((7))) (6) The department shall develop procedures to handle instances in which the ((biometric)) facial recognition matching system fails to verify the identity of an applicant for a renewal or duplicate driver's license, permit, or identicard. These procedures ((shall)) must allow an applicant to prove identity without using ((a biometric identifier.
      (8) Any person who has voluntarily submitted a biometric identifier may choose to discontinue participation in the biometric matching program at any time, provided that the department utilizes a secure procedure to prevent fraudulent requests for a renewal or duplicate driver's license or identicard.  When the person discontinues participation, any previously collected biometric information shall be destroyed.
      (9) This section does not apply when an applicant renews his or her driver's license or identicard by mail or electronic commerce)) the facial recognition matching system.

(7) The department shall report to the governor and the legislature by October 1st of each year, beginning October 1, 2012, on the following numbers during the previous fiscal year:  The number of investigations initiated by the department based on results from the facial recognition matching system; the number of determinations made that a person has committed one of the prohibited practices in RCW 46.20.0921 after the completion of an investigation; the number of determinations that were confirmed by a hearings examiner and the number that were overturned by a hearings examiner; the number of cases where a person declined a hearing or did not attend a scheduled hearing; and the number of determinations that were referred to law enforcement.

NEW SECTION.  Sec. 2.  A new section is added to chapter 46.04 RCW to read as follows:

      "Facial recognition matching system" means a system that compares the biometric template derived from an image of an applicant or holder of a driver's license, permit, or identicard with the biometric templates derived from the images in the department's negative file.

NEW SECTION.  Sec. 3.  RCW 46.20.038 (Biometric matching system‑- Funding) and 2004 c 273 s 4 are each repealed.

Sec. 4.  RCW 46.20.055 and 2010 c 223 s 1 are each amended to read as follows:

      (1) Driver's instruction permit.  The department may issue a driver's instruction permit with or without a photograph to an applicant who has successfully passed all parts of the examination other than the driving test, provided the information required by RCW 46.20.091, paid ((a)) an application fee of twenty-five dollars, and meets the following requirements:

      (a) Is at least fifteen and one-half years of age; or

      (b) Is at least fifteen years of age and:

      (i) Has submitted a proper application; and

      (ii) Is enrolled in a traffic safety education program offered, approved, and accredited by the superintendent of public instruction or offered by a driver training school licensed and inspected by the department of licensing under chapter 46.82 RCW, that includes practice driving.

      (2) Waiver of written examination for instruction permit.  The department may waive the written examination, if, at the time of application, an applicant is enrolled in:

      (a) A traffic safety education course as defined by RCW 28A.220.020(2); or

      (b) A course of instruction offered by a licensed driver training school as defined by RCW 46.82.280.

      The department may require proof of registration in such a course as it deems necessary.

      (3) Effect of instruction permit.  A person holding a driver's instruction permit may drive a motor vehicle, other than a motorcycle, upon the public highways if:

      (a) The person has immediate possession of the permit;

      (b) The person is not using a wireless communications device, unless the person is using the device to report illegal activity, summon medical or other emergency help, or prevent injury to a person or property; and

      (c) An approved instructor, or a licensed driver with at least five years of driving experience, occupies the seat beside the driver.

      (4) Term of instruction permit.  A driver's instruction permit is valid for one year from the date of issue.

      (a) The department may issue one additional one-year permit.

      (b) The department may issue a third driver's permit if it finds after an investigation that the permittee is diligently seeking to improve driving proficiency.

      (c) A person applying ((to renew)) for an additional instruction permit must submit the application to the department in person and pay an application fee of twenty-five dollars for each issuance.

Sec. 5.  RCW 46.20.117 and 2005 c 314 s 305 are each amended to read as follows:

      (1) Issuance.  The department shall issue an identicard, containing a picture, if the applicant:

      (a) Does not hold a valid Washington driver's license;

      (b) Proves his or her identity as required by RCW 46.20.035; and

      (c) Pays the required fee.  Except as provided in subsection (5) of this section, the fee is ((twenty)) forty-five dollars from October 1, 2012, to June 30, 2013, and fifty-four dollars after June 30, 2013,  unless an applicant is a recipient of continuing public assistance grants under Title 74 RCW, who is referred in writing by the secretary of social and health services.  For those persons the fee must be the actual cost of production of the identicard.

      (2) Design and term.  The identicard must:

      (a) Be distinctly designed so that it will not be confused with the official driver's license; and

      (b) Except as provided in subsection (5) of this section, expire on the ((fifth)) sixth anniversary of the applicant's birthdate after issuance.

      (3) Renewal.  An application for identicard renewal may be submitted by means of:

      (a) Personal appearance before the department; or

      (b) Mail or electronic commerce, if permitted by rule of the department and if the applicant did not renew his or her identicard by mail or by electronic commerce when it last expired.  ((However, the department may accept an application for renewal of an identicard submitted by means of mail or electronic commerce only if specific authority and funding is provided for this purpose by June 30, 2004, in the omnibus transportation appropriations act.))

      An identicard may not be renewed by mail or by electronic commerce unless the renewal issued by the department includes a photograph of the identicard holder.

      (4) Cancellation.  The department may cancel an identicard if the holder of the identicard used the card or allowed others to use the card in violation of RCW 46.20.0921.

(5) Alternative issuance/renewal/extension.  The department may issue or renew an identicard for a period other than five years from October 1, 2012, to June 30, 2013, or six years after June 30, 2013, or may extend by mail or electronic commerce an identicard that has already been issued, in order to evenly distribute, as nearly as possible, the yearly renewal rate of identicard holders.  The fee for an identicard issued or renewed for a period other than five years from October 1, 2012, to June 30, 2013, or six years after June 30, 2013, or that has been extended by mail or electronic commerce, is nine dollars for each year that the identicard is issued, renewed, or extended.  The department may adopt any rules as are necessary to carry out this subsection.

Sec. 6.  RCW 46.20.120 and 2011 c 370 s 4 are each amended to read as follows:

      An applicant for a new or renewed driver's license must successfully pass a driver licensing examination to qualify for a driver's license.  The department must ensure that examinations are given at places and times reasonably available to the people of this state.  If the department does not administer driver licensing examinations as a routine part of its licensing services within a department region because adequate testing sites are provided by driver training schools or school districts within that region, the department shall, at a minimum, administer driver licensing examinations by appointment to applicants eighteen years of age and older in at least one licensing office within that region.

      (1) Waiver.  The department may waive:

      (a) All or any part of the examination of any person applying for the renewal of a driver's license unless the department determines that the applicant is not qualified to hold a driver's license under this title; or

      (b) All or any part of the examination involving operating a motor vehicle if the applicant:

      (i) Surrenders a valid driver's license issued by the person's previous home state; or

      (ii) Provides for verification a valid driver's license issued by a foreign driver licensing jurisdiction with which the department has an informal agreement under RCW 46.20.125; and

      (iii) Is otherwise qualified to be licensed.

      (2) Fee.  Each applicant for a new license must pay an examination fee of ((twenty)) thirty-five dollars.

      (a) The examination fee is in addition to the fee charged for issuance of the license.

      (b) "New license" means a license issued to a driver:

      (i) Who has not been previously licensed in this state; or

      (ii) Whose last previous Washington license has been expired for more than ((five)) six years.

      (3) An application for driver's license renewal may be submitted by means of:

      (a) Personal appearance before the department; or

      (b) Mail or electronic commerce, if permitted by rule of the department and if the applicant did not renew his or her license by mail or by electronic commerce when it last expired.

      (4) A person whose license expired or will expire while he or she is living outside the state, may:

      (a) Apply to the department to extend the validity of his or her license for no more than twelve months.  If the person establishes to the department's satisfaction that he or she is unable to return to Washington before the date his or her license expires, the department shall extend the person's license.  The department may grant consecutive extensions, but in no event may the cumulative total of extensions exceed twelve months.  An extension granted under this section does not change the expiration date of the license for purposes of RCW 46.20.181.  The department shall charge a fee of five dollars for each license extension;

      (b) Apply to the department to renew his or her license by mail or, if permitted by rule of the department, by electronic commerce even if subsection (3)(b) of this section would not otherwise allow renewal by that means.  If the person establishes to the department's satisfaction that he or she is unable to return to Washington within twelve months of the date that his or her license expires, the department shall renew the person's license by mail or, if permitted by rule of the department, by electronic commerce.

      (5) If a qualified person submits an application for renewal under subsection (3)(b) or (4)(b) of this section, he or she is not required to pass an examination nor provide an updated photograph.  A license renewed by mail or by electronic commerce that does not include a photograph of the licensee must be labeled "not valid for identification purposes."

      (6) Driver training schools licensed by the department under chapter 46.82 RCW may administer the portions of the driver licensing examination that test the applicant's knowledge of traffic laws and ability to safely operate a motor vehicle.

      (7) School districts that offer a traffic safety education program under chapter 28A.220 RCW may administer the portions of the driver licensing examination that test the applicant's knowledge of traffic laws and ability to safely operate a motor vehicle.

Sec. 7.  RCW 46.20.161 and 2000 c 115 s 6 are each amended to read as follows:

      The department, upon receipt of a fee of ((twenty-five)) forty-five dollars from October 1, 2012, to June 30, 2013, and fifty-four dollars after June 30, 2013, unless the driver's license is issued for a period other than five years from October 1, 2012, to June 30, 2013, or six years after June 30, 2013, in which case the fee shall be ((five)) nine dollars for each year that the license is issued, which includes the fee for the required photograph, shall issue to every qualifying applicant a driver's license.  A driver's license issued to a person under the age of eighteen is an intermediate license, subject to the restrictions imposed under RCW 46.20.075, until the person reaches the age of eighteen.  The license must include a distinguishing number assigned to the licensee, the name of record, date of birth, Washington residence address, photograph, a brief description of the licensee, and either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with pen and ink immediately upon receipt of the license.  No license is valid until it has been so signed by the licensee.

Sec. 8.  RCW 46.20.181 and 1999 c 308 s 3 are each amended to read as follows:

      (1) Except as provided in subsection (4) or (5) of this section or RCW 46.20.105, every driver's license expires on the ((fifth)) sixth anniversary of the licensee's birthdate following the issuance of the license.

      (2) A person may renew his or her license on or before the expiration date by submitting an application as prescribed by the department and paying a fee of ((twenty-five)) forty-five dollars from October 1, 2012, to June 30, 2013, and fifty-four dollars after June 30, 2013.  This fee includes the fee for the required photograph.

      (3) A person renewing his or her driver's license more than sixty days after the license has expired shall pay a penalty fee of ten dollars in addition to the renewal fee, unless his or her license expired when:

      (a) The person was outside the state and he or she renews the license within sixty days after returning to this state; or

      (b) The person was incapacitated and he or she renews the license within sixty days after the termination of the incapacity.

      (4) ((During the period from July 1, 2000, to July 1, 2006,)) The department may issue or renew a driver's license for a period other than five years from October 1, 2012, to June 30, 2013, or six years after June 30, 2013, or may extend by mail or electronic commerce a license that has already been issued, in order to evenly distribute, as nearly as possible, the yearly renewal rate of licensed drivers.  The fee for a driver's license issued or renewed for a period other than five years from October 1, 2012, to June 30, 2013, or six years after June 30, 2013, or that has been extended by mail or electronic commerce, is ((five)) nine dollars for each year that the license is issued, renewed, or extended.  The department may adopt any rules as are necessary to carry out this subsection.

(5) A driver's license that includes a hazardous materials endorsement under chapter 46.25 RCW may expire on an anniversary of the licensee's birthdate other than the sixth year following issuance or renewal of the license in order to match, as nearly as possible, the validity of certification from the federal transportation security administration that the licensee has been determined not to pose a security risk.  The fee for a driver's license issued or renewed for a period other than five years from October 1, 2012, to June 30, 2013, or six years after June 30, 2013, is nine dollars for each year that the license is issued or renewed, not including any endorsement fees.  The department may adjust the expiration date of a driver's license that has previously been issued to conform to the provisions of this subsection if a hazardous materials endorsement is added to the license subsequent to its issuance.  If the validity of the driver's license is extended, the licensee must pay a fee of nine dollars for each year that the license is extended.
      (6) The department may adopt any rules as are necessary to carry out this section.

Sec. 9.  RCW 46.20.200 and 2002 c 352 s 14 are each amended to read as follows:

      (1) If an instruction permit, identicard, or a driver's license is lost or destroyed, the person to whom it was issued may obtain a duplicate of it upon furnishing proof of such fact satisfactory to the department and payment of a fee of ((fifteen)) twenty dollars to the department.

      (2) A replacement permit, identicard, or driver's license may be obtained to change or correct material information upon payment of a fee of ten dollars and surrender of the permit, identicard, or driver's license being replaced.

Sec. 10.  RCW 46.20.049 and 2011 c 227 s 6 are each amended to read as follows:

      There shall be an additional fee for issuing any class of commercial driver's license in addition to the prescribed fee required for the issuance of the original driver's license.  The additional fee for each class shall be ((sixty-one)) eighty-five dollars from October 1, 2012, to June 30, 2013, and one hundred two dollars after June 30, 2013, for the original commercial driver's license or subsequent renewals.  If the commercial driver's license is issued, renewed, or extended for a period other than five years from October 1, 2012, to June 30, 2013, or six years after June 30, 2013, the fee for each class shall be ((twelve)) seventeen dollars ((and twenty cents)) for each year that the commercial driver's license is issued, renewed, or extended.  The fee shall be deposited in the highway safety fund.

Sec. 11.  RCW 46.20.308 and 2008 c 282 s 2 are each amended to read as follows:

      (1) Any person who operates a motor vehicle within this state is deemed to have given consent, subject to the provisions of RCW 46.61.506, to a test or tests of his or her breath or blood for the purpose of determining the alcohol concentration or presence of any drug in his or her breath or blood if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug or was in violation of RCW 46.61.503.  Neither consent nor this section precludes a police officer from obtaining a search warrant for a person's breath or blood.

      (2) The test or tests of breath shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving or in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or any drug or the person to have been driving or in actual physical control of a motor vehicle while having alcohol in a concentration in violation of RCW 46.61.503 in his or her system and being under the age of twenty-one.  However, in those instances where the person is incapable due to physical injury, physical incapacity, or other physical limitation, of providing a breath sample or where the person is being treated in a hospital, clinic, doctor's office, emergency medical vehicle, ambulance, or other similar facility or where the officer has reasonable grounds to believe that the person is under the influence of a drug, a blood test shall be administered by a qualified person as provided in RCW 46.61.506(5).  The officer shall inform the person of his or her right to refuse the breath or blood test, and of his or her right to have additional tests administered by any qualified person of his or her choosing as provided in RCW 46.61.506.  The officer shall warn the driver, in substantially the following language, that:

      (a) If the driver refuses to take the test, the driver's license, permit, or privilege to drive will be revoked or denied for at least one year; and

      (b) If the driver refuses to take the test, the driver's refusal to take the test may be used in a criminal trial; and

      (c) If the driver submits to the test and the test is administered, the driver's license, permit, or privilege to drive will be suspended, revoked, or denied for at least ninety days if the driver is age twenty-one or over and the test indicates the alcohol concentration of the driver's breath or blood is 0.08 or more, or if the driver is under age twenty-one and the test indicates the alcohol concentration of the driver's breath or blood is 0.02 or more, or if the driver is under age twenty-one and the driver is in violation of RCW 46.61.502 or 46.61.504; and

      (d) If the driver's license, permit, or privilege to drive is suspended, revoked, or denied the driver may be eligible to immediately apply for an ignition interlock driver's license.

      (3) Except as provided in this section, the test administered shall be of the breath only.  If an individual is unconscious or is under arrest for the crime of vehicular homicide as provided in RCW 46.61.520 or vehicular assault as provided in RCW 46.61.522, or if an individual is under arrest for the crime of driving while under the influence of intoxicating liquor or drugs as provided in RCW 46.61.502, which arrest results from an accident in which there has been serious bodily injury to another person, a breath or blood test may be administered without the consent of the individual so arrested.

      (4) Any person who is dead, unconscious, or who is otherwise in a condition rendering him or her incapable of refusal, shall be deemed not to have withdrawn the consent provided by subsection (1) of this section and the test or tests may be administered, subject to the provisions of RCW 46.61.506, and the person shall be deemed to have received the warnings required under subsection (2) of this section.

      (5) If, following his or her arrest and receipt of warnings under subsection (2) of this section, the person arrested refuses upon the request of a law enforcement officer to submit to a test or tests of his or her breath or blood, no test shall be given except as authorized under subsection (3) or (4) of this section.

      (6) If, after arrest and after the other applicable conditions and requirements of this section have been satisfied, a test or tests of the person's blood or breath is administered and the test results indicate that the alcohol concentration of the person's breath or blood is 0.08 or more if the person is age twenty-one or over, or 0.02 or more if the person is under the age of twenty-one, or the person refuses to submit to a test, the arresting officer or other law enforcement officer at whose direction any test has been given, or the department, where applicable, if the arrest results in a test of the person's blood, shall:

      (a) Serve notice in writing on the person on behalf of the department of its intention to suspend, revoke, or deny the person's license, permit, or privilege to drive as required by subsection (7) of this section;

      (b) Serve notice in writing on the person on behalf of the department of his or her right to a hearing, specifying the steps he or she must take to obtain a hearing as provided by subsection (8) of this section and that the person waives the right to a hearing if he or she receives an ignition interlock driver's license;

      (c) Mark the person's Washington state driver's license or permit to drive, if any, in a manner authorized by the department;

      (d) Serve notice in writing that the marked license or permit, if any, is a temporary license that is valid for sixty days from the date of arrest or from the date notice has been given in the event notice is given by the department following a blood test, or until the suspension, revocation, or denial of the person's license, permit, or privilege to drive is sustained at a hearing pursuant to subsection (8) of this section, whichever occurs first.  No temporary license is valid to any greater degree than the license or permit that it replaces; and

      (e) Immediately notify the department of the arrest and transmit to the department within seventy-two hours, except as delayed as the result of a blood test, a sworn report or report under a declaration authorized by RCW 9A.72.085 that states:

      (i) That the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drugs, or both, or was under the age of twenty-one years and had been driving or was in actual physical control of a motor vehicle while having an alcohol concentration in violation of RCW 46.61.503;

      (ii) That after receipt of the warnings required by subsection (2) of this section the person refused to submit to a test of his or her blood or breath, or a test was administered and the results indicated that the alcohol concentration of the person's breath or blood was 0.08 or more if the person is age twenty-one or over, or was 0.02 or more if the person is under the age of twenty-one; and

      (iii) Any other information that the director may require by rule.

      (7) The department of licensing, upon the receipt of a sworn report or report under a declaration authorized by RCW 9A.72.085 under subsection (6)(e) of this section, shall suspend, revoke, or deny the person's license, permit, or privilege to drive or any nonresident operating privilege, as provided in RCW 46.20.3101, such suspension, revocation, or denial to be effective beginning sixty days from the date of arrest or from the date notice has been given in the event notice is given by the department following a blood test, or when sustained at a hearing pursuant to subsection (8) of this section, whichever occurs first.

      (8) A person receiving notification under subsection (6)(b) of this section may, within twenty days after the notice has been given, request in writing a formal hearing before the department.  The person shall pay a fee of ((two)) three hundred seventy-five dollars as part of the request.  If the request is mailed, it must be postmarked within twenty days after receipt of the notification.  Upon timely receipt of such a request for a formal hearing, including receipt of the required ((two)) three hundred seventy-five dollar fee, the department shall afford the person an opportunity for a hearing.  The department may waive the required ((two)) three hundred seventy-five dollar fee if the person is an indigent as defined in RCW 10.101.010.  Except as otherwise provided in this section, the hearing is subject to and shall be scheduled and conducted in accordance with RCW 46.20.329 and 46.20.332.  The hearing shall be conducted in the county of the arrest, except that all or part of the hearing may, at the discretion of the department, be conducted by telephone or other electronic means.  The hearing shall be held within sixty days following the arrest or following the date notice has been given in the event notice is given by the department following a blood test, unless otherwise agreed to by the department and the person, in which case the action by the department shall be stayed, and any valid temporary license marked under subsection (6)(c) of this section extended, if the person is otherwise eligible for licensing.  For the purposes of this section, the scope of the hearing shall cover the issues of whether a law enforcement officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or any drug or had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in his or her system in a concentration of 0.02 or more if the person was under the age of twenty-one, whether the person was placed under arrest, and (a) whether the person refused to submit to the test or tests upon request of the officer after having been informed that such refusal would result in the revocation of the person's license, permit, or privilege to drive, or (b) if a test or tests were administered, whether the applicable requirements of this section were satisfied before the administration of the test or tests, whether the person submitted to the test or tests, or whether a test was administered without express consent as permitted under this section, and whether the test or tests indicated that the alcohol concentration of the person's breath or blood was 0.08 or more if the person was age twenty-one or over at the time of the arrest, or 0.02 or more if the person was under the age of twenty-one at the time of the arrest.  The sworn report or report under a declaration authorized by RCW 9A.72.085 submitted by a law enforcement officer is prima facie evidence that the officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drugs, or both, or the person had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in his or her system in a concentration of 0.02 or more and was under the age of twenty-one and that the officer complied with the requirements of this section.

      A hearing officer shall conduct the hearing, may issue subpoenas for the attendance of witnesses and the production of documents, and shall administer oaths to witnesses.  The hearing officer shall not issue a subpoena for the attendance of a witness at the request of the person unless the request is accompanied by the fee required by RCW 5.56.010 for a witness in district court.  The sworn report or report under a declaration authorized by RCW 9A.72.085 of the law enforcement officer and any other evidence accompanying the report shall be admissible without further evidentiary foundation and the certifications authorized by the criminal rules for courts of limited jurisdiction shall be admissible without further evidentiary foundation.  The person may be represented by counsel, may question witnesses, may present evidence, and may testify.  The department shall order that the suspension, revocation, or denial either be rescinded or sustained.

      (9) If the suspension, revocation, or denial is sustained after such a hearing, the person whose license, privilege, or permit is suspended, revoked, or denied has the right to file a petition in the superior court of the county of arrest to review the final order of revocation by the department in the same manner as an appeal from a decision of a court of limited jurisdiction.  Notice of appeal must be filed within thirty days after the date the final order is served or the right to appeal is waived.  Notwithstanding RCW 46.20.334, RALJ 1.1, or other statutes or rules referencing de novo review, the appeal shall be limited to a review of the record of the administrative hearing.  The appellant must pay the costs associated with obtaining the record of the hearing before the hearing officer.  The filing of the appeal does not stay the effective date of the suspension, revocation, or denial.  A petition filed under this subsection must include the petitioner's grounds for requesting review.  Upon granting petitioner's request for review, the court shall review the department's final order of suspension, revocation, or denial as expeditiously as possible.  The review must be limited to a determination of whether the department has committed any errors of law.  The superior court shall accept those factual determinations supported by substantial evidence in the record:  (a) That were expressly made by the department; or (b) that may reasonably be inferred from the final order of the department.  The superior court may reverse, affirm, or modify the decision of the department or remand the case back to the department for further proceedings.  The decision of the superior court must be in writing and filed in the clerk's office with the other papers in the case.  The court shall state the reasons for the decision.  If judicial relief is sought for a stay or other temporary remedy from the department's action, the court shall not grant such relief unless the court finds that the appellant is likely to prevail in the appeal and that without a stay the appellant will suffer irreparable injury.  If the court stays the suspension, revocation, or denial it may impose conditions on such stay.

      (10)(a) If a person whose driver's license, permit, or privilege to drive has been or will be suspended, revoked, or denied under subsection (7) of this section, other than as a result of a breath or blood test refusal, and who has not committed an offense for which he or she was granted a deferred prosecution under chapter 10.05 RCW, petitions a court for a deferred prosecution on criminal charges arising out of the arrest for which action has been or will be taken under subsection (7) of this section, or notifies the department of licensing of the intent to seek such a deferred prosecution, then the license suspension or revocation shall be stayed pending entry of the deferred prosecution.  The stay shall not be longer than one hundred fifty days after the date charges are filed, or two years after the date of the arrest, whichever time period is shorter.  If the court stays the suspension, revocation, or denial, it may impose conditions on such stay.  If the person is otherwise eligible for licensing, the department shall issue a temporary license, or extend any valid temporary license marked under subsection (6) of this section, for the period of the stay.  If a deferred prosecution treatment plan is not recommended in the report made under RCW 10.05.050, or if treatment is rejected by the court, or if the person declines to accept an offered treatment plan, or if the person violates any condition imposed by the court, then the court shall immediately direct the department to cancel the stay and any temporary marked license or extension of a temporary license issued under this subsection.

      (b) A suspension, revocation, or denial imposed under this section, other than as a result of a breath or blood test refusal, shall be stayed if the person is accepted for deferred prosecution as provided in chapter 10.05 RCW for the incident upon which the suspension, revocation, or denial is based.  If the deferred prosecution is terminated, the stay shall be lifted and the suspension, revocation, or denial reinstated.  If the deferred prosecution is completed, the stay shall be lifted and the suspension, revocation, or denial canceled.

      (c) The provisions of (b) of this subsection relating to a stay of a suspension, revocation, or denial and the cancellation of any suspension, revocation, or denial do not apply to the suspension, revocation, denial, or disqualification of a person's commercial driver's license or privilege to operate a commercial motor vehicle.

      (11) When it has been finally determined under the procedures of this section that a nonresident's privilege to operate a motor vehicle in this state has been suspended, revoked, or denied, the department shall give information in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he or she has a license.

Sec. 12.  RCW 46.20.505 and 2007 c 97 s 1 are each amended to read as follows:

      Every person applying for a special endorsement of a driver's license authorizing such person to drive a two or three-wheeled motorcycle or a motor-driven cycle shall pay a fee of five dollars, which is not refundable.  In addition, the endorsement fee for the initial motorcycle endorsement shall not exceed ((ten)) twelve dollars((, and)), unless the endorsement is issued for a period other than six years, in which case the endorsement fee shall not exceed two dollars for each year the initial motorcycle endorsement is issued.  The subsequent renewal endorsement fee shall not exceed ((twenty-five)) thirty dollars, unless the endorsement is renewed or extended for a period other than ((five)) six years, in which case the subsequent renewal endorsement fee shall not exceed five dollars for each year that the endorsement is renewed or extended.  Fees collected under this section shall be deposited in the motorcycle safety education account of the highway safety fund.

Sec. 13.  RCW 46.20.105 and 2000 c 115 s 5 are each amended to read as follows:

      (1)(a) The department may provide a method to distinguish the driver's license of a person who is under the age of twenty-one from the driver's license of a person who is twenty-one years of age or older.

(b) If the department provides a method to distinguish under (a) of this subsection, any driver's license issued to a person who is under the age of twenty-one expires on the person's twenty-first birthdate.

      (2) An instruction permit must be identified as an "instruction permit" and issued in a distinctive form as determined by the department.

      (3) An intermediate license must be identified as an "intermediate license" and issued in a distinctive form as determined by the department.

NEW SECTION.  Sec. 14.  Sections 4 through 12 of this act take effect October 1, 2012."

 

       Correct the title.

 

Signed by Representatives Clibborn, Chair; Billig, Vice Chair; Liias, Vice Chair; Eddy; Finn; Fitzgibbon; Hansen; Jinkins; Ladenburg; Moeller; Morris; Moscoso; Reykdal; Takko and Upthegrove.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Armstrong, Ranking Minority Member; Hargrove, Assistant Ranking Minority Member; Angel; Asay; Johnson; Klippert; McCune; Overstreet; Rivers; Rodne; Shea and Zeiger.

 

Passed to Committee on Rules for second reading.

 

February 22, 20120)

SSB 6208           Prime Sponsor, Committee on Agriculture, Water & Rural Economic Development: Regarding license fees under the warehouse act.  Reported by Committee on General Government Appropriations & Oversight

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Hudgins, Chair; Miloscia, Vice Chair; Moscoso, Vice Chair; McCune, Ranking Minority Member; Taylor, Assistant Ranking Minority Member; Ahern; Blake; Fitzgibbon; Ladenburg; Pedersen; Van De Wege and Wilcox.

 

Passed to Committee on Rules for second reading.

 

February 22, 20120)

SB 6223             Prime Sponsor, Senator Regala: Repealing the early supplemental security income transition project.  Reported by Committee on Health & Human Services Appropriations & Oversight

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Dickerson, Chair; Appleton, Vice Chair; Schmick, Assistant Ranking Minority Member; Cody; Green; Harris; Kagi; Overstreet; Pettigrew and Walsh.

 

Passed to Committee on Rules for second reading.

 

February 22, 20120)

ESSB 6237         Prime Sponsor, Committee on Health & Long-Term Care: Creating a career pathway for medical assistants.  Reported by Committee on Health & Human Services Appropriations & Oversight

 

MAJORITY recommendation:  Do pass as amended by Committee on Health & Human Services Appropriations & Oversight and without amendment by Committee on Health Care & Wellness.

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  The legislature finds that medical assistants are health professionals specifically trained to work in settings such as physicians' offices, clinics, group practices, and other health care facilities.  These multiskilled personnel are trained to perform administrative and clinical procedures under the supervision of health care providers.  Physicians value this unique versatility more and more because of the skills of medical assistants and their ability to contain costs and manage human resources efficiently.  The demand for medical assistants is expanding rapidly.  The efficient and effective delivery of health care in Washington will be improved by recognizing the valuable contributions of medical assistants, and providing statutory support for medical assistants in Washington state.  The legislature further finds that rural and small medical practices and clinics may have limited access to formally trained medical assistants.  The legislature further intends that the secretary of health develop recommendations for a career ladder that includes medical assistants.

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

      (1) "Delegation" means direct authorization granted by a licensed health care practitioner to a medical assistant to perform the functions authorized in this chapter which fall within the scope of practice of the health care provider and the training and experience of the medical assistant.

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

      (3) "Health care practitioner" means:

      (a) A physician licensed under chapter 18.71 RCW;

      (b) An osteopathic physician and surgeon licensed under chapter 18.57 RCW; or

      (c) Acting within the scope of their respective licensure, a podiatric physician and surgeon licensed under chapter 18.22 RCW, a registered nurse or advanced registered nurse practitioner licensed under chapter 18.79 RCW, a naturopath licensed under chapter 18.36A RCW, a physician assistant licensed under chapter 18.71A RCW, an osteopathic physician assistant licensed under chapter 18.57A RCW, or an optometrist licensed under chapter 18.53 RCW.

      (4) "Medical assistant-certified" means a person certified under section 5 of this act who assists a health care practitioner with patient care, executes administrative and clinical procedures, and performs functions as provided in section 6 of this act under the supervision of the health care practitioner.

      (5) "Medical assistant-hemodialysis technician" means a person certified under section 5 of this act who performs hemodialysis and other functions pursuant to section 6 of this act under the supervision of a health care practitioner.

      (6) "Medical assistant-phlebotomist" means a person certified under section 5 of this act who performs capillary, venous, and arterial invasive procedures for blood withdrawal and other functions pursuant to section 6 of this act under the supervision of a health care practitioner.

      (7) "Medical assistant-registered" means a person registered under section 5 of this act who, pursuant to an endorsement by a health care practitioner, clinic, or group practice, assists a health care practitioner with patient care, executes administrative and clinical procedures, and performs functions as provided in section 6 of this act under the supervision of the health care practitioner.

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

      (9) "Supervision" means supervision of procedures permitted pursuant to this chapter by a health care practitioner who is physically present and is immediately available in the facility.  The health care practitioner does not need to be present during procedures to withdraw blood, but must be immediately available.

NEW SECTION.  Sec. 3.  (1) No person may practice as a medical assistant-certified, medical assistant-hemodialysis technician, or medical assistant-phlebotomist unless he or she is certified under section 5 of this act.

      (2) No person may practice as a medical assistant-registered unless he or she is registered under section 5 of this act.

NEW SECTION.  Sec. 4.  (1) The secretary shall adopt rules specifying the minimum qualifications for a medical assistant- certified, medical assistant-hemodialysis technician, and medical assistant-phlebotomist.  The qualifications for a medical assistant- hemodialysis technician must be equivalent to the qualifications for hemodialysis technicians regulated pursuant to chapter 18.135 RCW as of January 1, 2012.

      (2) The secretary shall adopt rules that establish the minimum requirements necessary for a health care practitioner, clinic, or group practice to endorse a medical assistant as qualified to perform the duties authorized by this chapter and be able to file an attestation of that endorsement with the department.

      (3) The medical quality assurance commission, the board of osteopathic medicine and surgery, the podiatric medical board, the nursing care quality assurance commission, the board of naturopathy, and the optometry board shall each review and identify other specialty assistive personnel not included in this chapter and the tasks they perform.  The department of health shall compile the information from each disciplining authority listed in this subsection and submit the compiled information to the legislature no later than December 15, 2012.

NEW SECTION.  Sec. 5.  (1)(a) The secretary shall issue a certification as a medical assistant-certified to any person who has satisfactorily completed a medical assistant training program approved by the secretary, passed an examination approved by the secretary, and met any additional qualifications established under section 4 of this act.

      (b) The secretary shall issue an interim certification to any person who has met all of the qualifications in (a) of this subsection, except for the passage of the examination.  A person holding an interim permit possesses the full scope of practice of a medical assistant- certified.  The interim permit expires upon passage of the examination or after one year, whichever occurs first, and may not be renewed.

      (2) The secretary shall issue a certification as a medical assistant-hemodialysis technician to any person who meets the qualifications for a medical assistant-hemodialysis technician established under section 4 of this act.

      (3) The secretary shall issue a certification as a medical assistant-phlebotomist to any person who meets the qualifications for a medical assistant-phlebotomist established under section 4 of this act.

      (4)(a) The secretary shall issue a registration as a medical assistant-registered to any person who has a current endorsement from a health care practitioner, clinic, or group practice.

      (b) In order to be endorsed under this subsection (4), a person must:

      (i) Be endorsed by a health care practitioner, clinic, or group practice that meets the qualifications established under section 4 of this act; and

      (ii) Have a current attestation of his or her endorsement to perform specific medical tasks signed by a supervising health care practitioner filed with the department.  A medical assistant-registered may only perform the medical tasks listed in his or her current attestation of endorsement.

      (c) A registration based on an endorsement by a health care practitioner, clinic, or group practice is not transferrable to another health care practitioner, clinic, or group practice.

      (5) A certification issued under subsections (1) through (3) of this section is transferrable between different practice settings.

NEW SECTION.  Sec. 6.  (1) A medical assistant-certified may perform the following duties delegated by, and under the supervision of, a health care practitioner:

      (a) Fundamental procedures:

      (i) Wrapping items for autoclaving;

      (ii) Procedures for sterilizing equipment and instruments;

      (iii) Disposing of biohazardous materials; and

      (iv) Practicing standard precautions.

      (b) Clinical procedures:

      (i) Performing aseptic procedures in a setting other than a hospital licensed under chapter 70.41 RCW;

      (ii) Preparing of and assisting in sterile procedures in a setting other than a hospital under chapter 70.41 RCW;

      (iii) Taking vital signs;

      (iv) Preparing patients for examination;

      (v) Capillary blood withdrawal, venipuncture, and intradermal, subcutaneous, and intramuscular injections; and

      (vi) Observing and reporting patients' signs or symptoms.

      (c) Specimen collection:

      (i) Capillary puncture and venipuncture;

      (ii) Obtaining specimens for microbiological testing; and

      (iii) Instructing patients in proper technique to collect urine and fecal specimens.

      (d) Diagnostic testing:

      (i) Electrocardiography;

      (ii) Respiratory testing; and

      (iii) Tests waived under the federal clinical laboratory improvement amendments program on the effective date of this section.  The department shall periodically update the tests authorized under this subsection (1)(d) based on changes made by the federal clinical laboratory improvement amendments program.

      (e) Patient care:

      (i) Telephone and in-person screening limited to intake and gathering of information without requiring the exercise of judgment based on clinical knowledge;

      (ii) Obtaining vital signs;

      (iii) Obtaining and recording patient history;

      (iv) Preparing and maintaining examination and treatment areas;

      (v) Preparing patients for, and assisting with, routine and specialty examinations, procedures, treatments, and minor office surgeries;

      (vi) Maintaining medication and immunization records; and

      (vii) Screening and following up on test results as directed by a health care practitioner.

      (f)(i) Administering medications.  A medical assistant-certified may only administer medications if the drugs are:

      (A) Administered only by unit or single dosage, or by a dosage calculated and verified by a health care practitioner.  For purposes of this section, a combination vaccine shall be considered a unit dose;

      (B) Limited to legend drugs, vaccines, and Schedule III-V controlled substances as authorized by a health care practitioner under the scope of his or her license and consistent with rules adopted by the secretary under (f)(ii) of this subsection; and

      (C) Administered pursuant to a written order from a health care practitioner.

      (ii) The secretary may, by rule, limit the drugs that may be administered under this subsection.  The rules adopted under this subsection must limit the drugs based on risk, class, or route.

      (g) Intravenous injections.  A medical assistant-certified may administer intravenous injections for diagnostic or therapeutic agents if he or she meets minimum standards established by the secretary in rule.  The minimum standards must be substantially similar to the qualifications for category D and F health care assistants as they exist on the effective date of this section.

      (2) A medical assistant-hemodialysis technician may perform hemodialysis when delegated and supervised by a health care practitioner.  A medical assistant-hemodialysis technician may also administer drugs and oxygen to a patient when delegated and supervised by a health care practitioner and pursuant to rules adopted by the secretary.

      (3) A medical assistant-phlebotomist may perform capillary, venous, or arterial invasive procedures for blood withdrawal when delegated and supervised by a health care practitioner and pursuant to rules adopted by the secretary.

      (4) A medical assistant-registered may perform the following duties delegated by, and under the supervision of, a health care practitioner:

      (a) Fundamental procedures:

      (i) Wrapping items for autoclaving;

      (ii) Procedures for sterilizing equipment and instruments;

      (iii) Disposing of biohazardous materials; and

      (iv) Practicing standard precautions.

      (b) Clinical procedures:

      (i) Preparing for sterile procedures;

      (ii) Taking vital signs;

      (iii) Preparing patients for examination; and

      (iv) Observing and reporting patients' signs or symptoms.

      (c) Specimen collection:

      (i) Obtaining specimens for microbiological testing; and

      (ii) Instructing patients in proper technique to collect urine and fecal specimens.

      (d) Patient care:

      (i) Telephone and in-person screening limited to intake and gathering of information without requiring the exercise of judgment based on clinical knowledge;

      (ii) Obtaining vital signs;

      (iii) Obtaining and recording patient history;

      (iv) Preparing and maintaining examination and treatment areas;

      (v) Maintaining medication and immunization records; and

      (vi) Screening and following up on test results as directed by a health care practitioner.

      (e) Tests waived under the federal clinical laboratory improvement amendments program on the effective date of this section.  The department shall periodically update the tests authorized under subsection (1)(d) of this section based on changes made by the federal clinical laboratory improvement amendments program.

      (f) Administering vaccines, including combination vaccines.

NEW SECTION.  Sec. 7.  (1) Prior to delegation of any of the functions in section 6 of this act, a health care practitioner shall determine to the best of his or her ability each of the following:

      (a) That the task is within that health care practitioner's scope of licensure or authority;

      (b) That the task is indicated for the patient;

      (c) The appropriate level of supervision;

      (d) That no law prohibits the delegation;

      (e) That the person to whom the task will be delegated is competent to perform that task; and

      (f) That the task itself is one that should be appropriately delegated when considering the following factors:

      (i) That the task can be performed without requiring the exercise of judgment based on clinical knowledge;

      (ii) That results of the task are reasonably predictable;

      (iii) That the task can be performed without a need for complex observations or critical decisions;

      (iv) That the task can be performed without repeated clinical assessments; and

      (v) That the task, if performed improperly, would not present life- threatening consequences or the danger of immediate and serious harm to the patient.

      (2) Nothing in this section prohibits the use of protocols that do not involve clinical judgment and do not involve the administration of medications, other than vaccines.

NEW SECTION.  Sec. 8.  (1) In addition to any other authority provided by law, the secretary may:

      (a) Adopt rules, in accordance with chapter 34.05 RCW, necessary to implement this chapter;

      (b) Establish forms and procedures necessary to administer this chapter;

      (c) Establish administrative procedures, administrative requirements, and fees in accordance with RCW 43.70.250 and 43.70.280.  Until July 1, 2016, for purposes of setting fees under this section, the secretary shall consider persons registered or certified under this chapter and health care assistants, certified under chapter 18.135 RCW, as one profession;

      (d) Hire clerical, administrative, and investigative staff as needed to implement and administer this chapter;

      (e) Maintain the official department of health record of all applicants and credential holders; and

      (f) Establish requirements and procedures for an inactive registration or certification.

      (2) The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of a registration or certification, and the discipline of persons registered or certified under this chapter.

NEW SECTION.  Sec. 9.  (1) The department may not issue new certifications for category C, D, E, or F health care assistants on or after the effective date of this section.  The department shall certify a category C, D, E, or F health care assistant who was certified prior to the effective date of this section as a medical assistant-certified when he or she renews his or her certification.

      (2) The department may not issue new certifications for category G health care assistants on or after the effective date of this section.  The department shall certify a category G health care assistant who was certified prior to the effective date of this section as a medical assistant-hemodialysis technician when he or she renews his or her certification.

      (3) The department may not issue new certifications for category A or B health care assistants on or after the effective date of this section.  The department shall certify a category A or B health care assistant who was certified prior to the effective date of this section as a medical assistant-phlebotomist when he or she renews his or her certification.

NEW SECTION.  Sec. 10.  Nothing in this chapter prohibits or affects:

      (1) A person licensed under this title performing services within his or her scope of practice;

      (2) A person performing functions in the discharge of official duties on behalf of the United States government including, but not limited to, the armed forces, coast guard, public health service, veterans' bureau, or bureau of Indian affairs;

      (3) A person trained by a federally approved end-stage renal disease facility who performs end-stage renal dialysis in the home setting;

      (4) A person registered or certified under this chapter from performing blood-drawing procedures in the residences of research study participants when the procedures have been authorized by the institutional review board of a comprehensive cancer center or nonprofit degree-granting institution of higher education and are conducted under the general supervision of a physician; or

      (5) A person participating in an externship as part of an approved medical assistant training program under the direct supervision of an on-site health care provider.

NEW SECTION.  Sec. 11.  Within existing resources, the secretary shall develop recommendations regarding a career path plan for medical assistants.  The secretary shall consult with stakeholders, including, but not limited to, health care practitioner professional organizations, organizations representing health care workers, community colleges, career colleges, and technical colleges.  The recommendations must include methods for including credit for prior learning.  The purpose of the plan is to evaluate and map career paths for medical assistants and entry-level health care workers to transition by means of a career ladder into medical assistants or other health care professions.  The recommendations must identify barriers to career advancement and career ladder training initiatives.  The department shall report its recommendations to the legislature no later than December 15, 2012.

NEW SECTION.  Sec. 12.  An applicant with military training or experience satisfies the training or experience requirements of this chapter unless the secretary determines that the military training or experience is not substantially equivalent to the standards of this state.

Sec. 13.  RCW 18.79.340 and 2003 c 258 s 2 are each amended to read as follows:

      (1) "Nursing technician" means a nursing student employed in a hospital licensed under chapter 70.41 RCW, a clinic, or a nursing home licensed under chapter 18.51 RCW, who:

      (a) Is currently enrolled in good standing in a nursing program approved by the commission and has not graduated; or

      (b) Is a graduate of a nursing program approved by the commission who graduated:

      (i) Within the past thirty days; or

      (ii) Within the past sixty days and has received a determination from the secretary that there is good cause to continue the registration period, as defined by the secretary in rule.

      (2) No person may practice or represent oneself as a nursing technician by use of any title or description of services without being registered under this chapter, unless otherwise exempted by this chapter.

      (3) The commission may adopt rules to implement chapter 258, Laws of 2003.

Sec. 14.  RCW 18.120.020 and 2010 c 286 s 14 are each amended to read as follows:

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

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

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

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

      (4) "Health professions" means and includes the following health and health-related licensed or regulated professions and occupations:  Podiatric medicine and surgery under chapter 18.22 RCW; chiropractic under chapter 18.25 RCW; dental hygiene under chapter 18.29 RCW; dentistry under chapter 18.32 RCW; denturism under chapter 18.30 RCW; dispensing opticians under chapter 18.34 RCW; hearing instruments under chapter 18.35 RCW; naturopaths under chapter 18.36A RCW; embalming and funeral directing under chapter 18.39 RCW; midwifery under chapter 18.50 RCW; nursing home administration under chapter 18.52 RCW; optometry under chapters 18.53 and 18.54 RCW; ocularists under chapter 18.55 RCW; osteopathic medicine and surgery under chapters 18.57 and 18.57A RCW; pharmacy under chapters 18.64 and 18.64A RCW; medicine under chapters 18.71 and 18.71A RCW; emergency medicine under chapter 18.73 RCW; physical therapy under chapter 18.74 RCW; practical nurses under chapter 18.79 RCW; psychologists under chapter 18.83 RCW; registered nurses under chapter 18.79 RCW; occupational therapists licensed under chapter 18.59 RCW; respiratory care practitioners licensed under chapter 18.89 RCW; veterinarians and veterinary technicians under chapter 18.92 RCW; health care assistants under chapter 18.135 RCW; massage practitioners under chapter 18.108 RCW; East Asian medicine practitioners licensed under chapter 18.06 RCW; persons registered under chapter 18.19 RCW; persons licensed as mental health counselors, marriage and family therapists, and social workers under chapter 18.225 RCW; dietitians and nutritionists certified by chapter 18.138 RCW; radiologic technicians under chapter 18.84 RCW; ((and)) nursing assistants registered or certified under chapter 18.88A RCW; and medical assistants-certified, medical assistants-hemodialysis technician, medical assistants-phlebotomist, and medical assistants- registered certified and registered under chapter 18.--- RCW (the new chapter created in section 19 of this act).

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

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

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

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

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

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

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

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

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

Sec. 15.  RCW 18.120.020 and 2012 c ... s 14 (section 14 of this act) are each amended to read as follows:

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

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

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

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

      (4) "Health professions" means and includes the following health and health-related licensed or regulated professions and occupations:  Podiatric medicine and surgery under chapter 18.22 RCW; chiropractic under chapter 18.25 RCW; dental hygiene under chapter 18.29 RCW; dentistry under chapter 18.32 RCW; denturism under chapter 18.30 RCW; dispensing opticians under chapter 18.34 RCW; hearing instruments under chapter 18.35 RCW; naturopaths under chapter 18.36A RCW; embalming and funeral directing under chapter 18.39 RCW; midwifery under chapter 18.50 RCW; nursing home administration under chapter 18.52 RCW; optometry under chapters 18.53 and 18.54 RCW; ocularists under chapter 18.55 RCW; osteopathic medicine and surgery under chapters 18.57 and 18.57A RCW; pharmacy under chapters 18.64 and 18.64A RCW; medicine under chapters 18.71 and 18.71A RCW; emergency medicine under chapter 18.73 RCW; physical therapy under chapter 18.74 RCW; practical nurses under chapter 18.79 RCW; psychologists under chapter 18.83 RCW; registered nurses under chapter 18.79 RCW; occupational therapists licensed under chapter 18.59 RCW; respiratory care practitioners licensed under chapter 18.89 RCW; veterinarians and veterinary technicians under chapter 18.92 RCW; ((health care assistants under chapter 18.135 RCW;)) massage practitioners under chapter 18.108 RCW; East Asian medicine practitioners licensed under chapter 18.06 RCW; persons registered under chapter 18.19 RCW; persons licensed as mental health counselors, marriage and family therapists, and social workers under chapter 18.225 RCW; dietitians and nutritionists certified by chapter 18.138 RCW; radiologic technicians under chapter 18.84 RCW; nursing assistants registered or certified under chapter 18.88A RCW; and medical assistants-certified, medical assistants-hemodialysis technician, medical assistants-phlebotomist, and medical assistants- registered certified and registered under chapter 18.--- RCW (the new chapter created in section 19 of this act).

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

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

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

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

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

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

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

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

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

Sec. 16.  RCW 18.130.040 and 2011 c 41 s 11 are each amended to read as follows:

      (1) This chapter applies only to the secretary and the boards and commissions having jurisdiction in relation to the professions licensed under the chapters specified in this section.  This chapter does not apply to any business or profession not licensed under the chapters specified in this section.

      (2)(a) The secretary has authority under this chapter in relation to the following professions:

      (i) Dispensing opticians licensed and designated apprentices under chapter 18.34 RCW;

      (ii) Midwives licensed under chapter 18.50 RCW;

      (iii) Ocularists licensed under chapter 18.55 RCW;

      (iv) Massage operators and businesses licensed under chapter 18.108 RCW;

      (v) Dental hygienists licensed under chapter 18.29 RCW;

      (vi) East Asian medicine practitioners licensed under chapter 18.06 RCW;

      (vii) Radiologic technologists certified and X-ray technicians registered under chapter 18.84 RCW;

      (viii) Respiratory care practitioners licensed under chapter 18.89 RCW;

      (ix) Hypnotherapists and agency affiliated counselors registered and advisors and counselors certified under chapter 18.19 RCW;

      (x) Persons licensed as mental health counselors, mental health counselor associates, marriage and family therapists, marriage and family therapist associates, social workers, social work associates‑- advanced, and social work associates‑-independent clinical under chapter 18.225 RCW;

      (xi) Persons registered as nursing pool operators under chapter 18.52C RCW;

      (xii) Nursing assistants registered or certified under chapter 18.88A RCW;

      (xiii) Health care assistants certified under chapter 18.135 RCW;

      (xiv) Dietitians and nutritionists certified under chapter 18.138 RCW;

      (xv) Chemical dependency professionals and chemical dependency professional trainees certified under chapter 18.205 RCW;

      (xvi) Sex offender treatment providers and certified affiliate sex offender treatment providers certified under chapter 18.155 RCW;

      (xvii) Persons licensed and certified under chapter 18.73 RCW or RCW 18.71.205;

      (xviii) Denturists licensed under chapter 18.30 RCW;

      (xix) Orthotists and prosthetists licensed under chapter 18.200 RCW;

      (xx) Surgical technologists registered under chapter 18.215 RCW;

      (xxi) Recreational therapists (([under chapter 18.230 RCW])) under chapter 18.230 RCW;

      (xxii) Animal massage practitioners certified under chapter 18.240 RCW;

      (xxiii) Athletic trainers licensed under chapter 18.250 RCW;

      (xxiv) Home care aides certified under chapter 18.88B RCW; ((and))

      (xxv) Genetic counselors licensed under chapter 18.290 RCW; and
      (xxvi) Medical assistants-certified, medical assistants- hemodialysis technician, medical assistants-phlebotomist, and medical assistants-registered certified and registered under chapter 18.--- RCW (the new chapter created in section 19 of this act).

      (b) The boards and commissions having authority under this chapter are as follows:

      (i) The podiatric medical board as established in chapter 18.22 RCW;

      (ii) The chiropractic quality assurance commission as established in chapter 18.25 RCW;

      (iii) The dental quality assurance commission as established in chapter 18.32 RCW governing licenses issued under chapter 18.32 RCW and licenses and registrations issued under chapter 18.260 RCW;

      (iv) The board of hearing and speech as established in chapter 18.35 RCW;

      (v) The board of examiners for nursing home administrators as established in chapter 18.52 RCW;

      (vi) The optometry board as established in chapter 18.54 RCW governing licenses issued under chapter 18.53 RCW;

      (vii) The board of osteopathic medicine and surgery as established in chapter 18.57 RCW governing licenses issued under chapters 18.57 and 18.57A RCW;

      (viii) The board of pharmacy as established in chapter 18.64 RCW governing licenses issued under chapters 18.64 and 18.64A RCW;

      (ix) The medical quality assurance commission as established in chapter 18.71 RCW governing licenses and registrations issued under chapters 18.71 and 18.71A RCW;

      (x) The board of physical therapy as established in chapter 18.74 RCW;

      (xi) The board of occupational therapy practice as established in chapter 18.59 RCW;

      (xii) The nursing care quality assurance commission as established in chapter 18.79 RCW governing licenses and registrations issued under that chapter;

      (xiii) The examining board of psychology and its disciplinary committee as established in chapter 18.83 RCW;

      (xiv) The veterinary board of governors as established in chapter 18.92 RCW; and

      (xv) The board of naturopathy established in chapter 18.36A RCW.

      (3) In addition to the authority to discipline license holders, the disciplining authority has the authority to grant or deny licenses.  The disciplining authority may also grant a license subject to conditions.

      (4) All disciplining authorities shall adopt procedures to ensure substantially consistent application of this chapter, the Uniform Disciplinary Act, among the disciplining authorities listed in subsection (2) of this section.

Sec. 17.  RCW 18.130.040 and 2012 c ... s 16 (section 16 of this act) are each amended to read as follows:

      (1) This chapter applies only to the secretary and the boards and commissions having jurisdiction in relation to the professions licensed under the chapters specified in this section.  This chapter does not apply to any business or profession not licensed under the chapters specified in this section.

      (2)(a) The secretary has authority under this chapter in relation to the following professions:

      (i) Dispensing opticians licensed and designated apprentices under chapter 18.34 RCW;

      (ii) Midwives licensed under chapter 18.50 RCW;

      (iii) Ocularists licensed under chapter 18.55 RCW;

      (iv) Massage operators and businesses licensed under chapter 18.108 RCW;

      (v) Dental hygienists licensed under chapter 18.29 RCW;

      (vi) East Asian medicine practitioners licensed under chapter 18.06 RCW;

      (vii) Radiologic technologists certified and X-ray technicians registered under chapter 18.84 RCW;

      (viii) Respiratory care practitioners licensed under chapter 18.89 RCW;

      (ix) Hypnotherapists and agency affiliated counselors registered and advisors and counselors certified under chapter 18.19 RCW;

      (x) Persons licensed as mental health counselors, mental health counselor associates, marriage and family therapists, marriage and family therapist associates, social workers, social work associates‑- advanced, and social work associates‑-independent clinical under chapter 18.225 RCW;

      (xi) Persons registered as nursing pool operators under chapter 18.52C RCW;

      (xii) Nursing assistants registered or certified under chapter 18.88A RCW;

      (xiii) ((Health care assistants certified under chapter 18.135 RCW;
      (xiv))) Dietitians and nutritionists certified under chapter 18.138 RCW;

      (((xv))) (xiv) Chemical dependency professionals and chemical dependency professional trainees certified under chapter 18.205 RCW;

      (((xvi))) (xv) Sex offender treatment providers and certified affiliate sex offender treatment providers certified under chapter 18.155 RCW;

      (((xvii))) (xvi) Persons licensed and certified under chapter 18.73 RCW or RCW 18.71.205;

      (((xviii))) (xvii) Denturists licensed under chapter 18.30 RCW;

      (((xix))) (xviii) Orthotists and prosthetists licensed under chapter 18.200 RCW;

      (((xx))) (xix) Surgical technologists registered under chapter 18.215 RCW;

      (((xxi))) (xx) Recreational therapists under chapter 18.230 RCW;

      (((xxii))) (xxi) Animal massage practitioners certified under chapter 18.240 RCW;

      (((xxiii))) (xxii) Athletic trainers licensed under chapter 18.250 RCW;

      (((xxiv))) (xxiii) Home care aides certified under chapter 18.88B RCW;

      (((xxv))) (xxiv) Genetic counselors licensed under chapter 18.290 RCW; and

      (((xxvi))) (xxv) Medical assistants-certified, medical assistants- hemodialysis technician, medical assistants-phlebotomist, and medical assistants-registered certified and registered under chapter 18.--- RCW (the new chapter created in section 19 of this act).

      (b) The boards and commissions having authority under this chapter are as follows:

      (i) The podiatric medical board as established in chapter 18.22 RCW;

      (ii) The chiropractic quality assurance commission as established in chapter 18.25 RCW;

      (iii) The dental quality assurance commission as established in chapter 18.32 RCW governing licenses issued under chapter 18.32 RCW and licenses and registrations issued under chapter 18.260 RCW;

      (iv) The board of hearing and speech as established in chapter 18.35 RCW;

      (v) The board of examiners for nursing home administrators as established in chapter 18.52 RCW;

      (vi) The optometry board as established in chapter 18.54 RCW governing licenses issued under chapter 18.53 RCW;

      (vii) The board of osteopathic medicine and surgery as established in chapter 18.57 RCW governing licenses issued under chapters 18.57 and 18.57A RCW;

      (viii) The board of pharmacy as established in chapter 18.64 RCW governing licenses issued under chapters 18.64 and 18.64A RCW;

      (ix) The medical quality assurance commission as established in chapter 18.71 RCW governing licenses and registrations issued under chapters 18.71 and 18.71A RCW;

      (x) The board of physical therapy as established in chapter 18.74 RCW;

      (xi) The board of occupational therapy practice as established in chapter 18.59 RCW;

      (xii) The nursing care quality assurance commission as established in chapter 18.79 RCW governing licenses and registrations issued under that chapter;

      (xiii) The examining board of psychology and its disciplinary committee as established in chapter 18.83 RCW;

      (xiv) The veterinary board of governors as established in chapter 18.92 RCW; and

      (xv) The board of naturopathy established in chapter 18.36A RCW.

      (3) In addition to the authority to discipline license holders, the disciplining authority has the authority to grant or deny licenses.  The disciplining authority may also grant a license subject to conditions.

      (4) All disciplining authorities shall adopt procedures to ensure substantially consistent application of this chapter, the Uniform Disciplinary Act, among the disciplining authorities listed in subsection (2) of this section.

Sec. 18.  RCW 18.135.055 and 1996 c 191 s 83 are each amended to read as follows:

      The health care facility or health care practitioner registering an initial or continuing certification pursuant to the provisions of this chapter shall comply with administrative procedures, administrative requirements, and fees determined by the secretary as provided in RCW 43.70.250 and 43.70.280.  For the purposes of setting fees under this section, the secretary shall consider health care assistants and persons registered and certified under chapter 18.--- RCW (the new chapter created in section 19 of this act) as one profession.

      All fees collected under this section shall be credited to the health professions account as required in RCW 43.70.320.

NEW SECTION.  Sec. 19.  Sections 1 through 12 of this act constitute a new chapter in Title 18 RCW.

NEW SECTION.  Sec. 20.  The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective July 1, 2016:

      (1) RCW 18.135.010 (Practices authorized) and 2009 c 43 s 2, 2008 c 58 s 1, & 1984 c 281 s 1;

      (2) RCW 18.135.020 (Definitions) and 2009 c 43 s 4, 2008 c 58 s 2, 2001 c 22 s 2, & 1997 c 133 s 1;

      (3) RCW 18.135.025 (Rules‑-Legislative intent) and 1986 c 216 s 1;

      (4) RCW 18.135.030 (Health care assistant profession‑-Duties‑- Requirements for certification‑-Rules) and 1999 c 151 s 201, 1994 sp.s. c 9 s 515, 1991 c 3 s 273, 1986 c 216 s 2, & 1984 c 281 s 4;

      (5) RCW 18.135.035 (Requirements for certification‑-Military training or experience) and 2011 c 32 s 12;

      (6) RCW 18.135.040 (Certification of health care assistants) and 2006 c 242 s 3 & 1984 c 281 s 3;

      (7) RCW 18.135.050 (Certification by health care facility or practitioner‑-Roster‑-Recertification) and 1996 c 191 s 82, 1991 c 3 s 274, & 1984 c 281 s 5;

      (8) RCW 18.135.055 (Registering an initial or continuing certification‑-Fees) and 2012 c ... s 18 (section 18 of this act), 1996 c 191 s 83, 1991 c 3 s 275, & 1985 c 117 s 1;

      (9) RCW 18.135.060 (Conditions for performing authorized functions‑-Renal dialysis) and 2001 c 22 s 3, 2000 c 171 s 30, & 1993 c 13 s 1;

      (10) RCW 18.135.062 (Renal dialysis training task force‑- Development of core competencies) and 2001 c 22 s 4;

      (11) RCW 18.135.065 (Delegation‑-Duties of delegator and delegatee) and 2009 c 43 s 5, 2008 c 58 s 3, 1991 c 3 s 276, & 1986 c 216 s 4;

      (12) RCW 18.135.070 (Complaints‑-Violations‑-Investigations‑- Disciplinary action) and 1993 c 367 s 11 & 1984 c 281 s 7;

      (13) RCW 18.135.090 (Performance of authorized functions) and 1984 c 281 s 9;

      (14) RCW 18.135.100 (Uniform Disciplinary Act) and 1993 c 367 s 12;

      (15) RCW 18.135.110 (Blood-drawing procedures‑-Not prohibited by chapter‑-Requirements) and 2006 c 242 s 2; and

      (16) RCW 18.135.120 (Administration of vaccines‑-Restrictions) and 2008 c 58 s 4.

NEW SECTION.  Sec. 21.  The secretary of health shall adopt any rules necessary to implement this act.

NEW SECTION.  Sec. 22.  Sections 1 through 12, 14, 16, and 18 of this act take effect July 1, 2013.

NEW SECTION.  Sec. 23.  Sections 15 and 17 of this act take effect July 1, 2016."

 

       Correct the title.

 

Signed by Representatives Dickerson, Chair; Appleton, Vice Chair; Schmick, Assistant Ranking Minority Member; Cody; Green; Harris; Kagi; Pettigrew and Walsh.

 

MINORITY recommendation:  Do not pass.  Signed by Representative Overstreet.

 

Passed to Committee on Rules for second reading.

 

February 23, 20120)

2SSB 6263         Prime Sponsor, Committee on Ways & Means: Facilitating marine management planning.  Reported by Committee on General Government Appropriations & Oversight

 

MAJORITY recommendation:  Do pass as amended by Committee on Agriculture & Natural Resources as further amended by Committee on General Government Appropriations & Oversight.

 

      On page 9, after line 36 of the amendment, insert the following:

"NEW SECTION.  Sec. 7.  If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2012, in the supplemental omnibus appropriations act, this act is null and void."

 

Signed by Representatives Hudgins, Chair; Miloscia, Vice Chair; Moscoso, Vice Chair; McCune, Ranking Minority Member; Taylor, Assistant Ranking Minority Member; Ahern; Armstrong; Blake; Fitzgibbon; Ladenburg; Pedersen; Van De Wege and Wilcox.

 

Passed to Committee on Rules for second reading.

 

February 23, 20120)

SSB 6359           Prime Sponsor, Committee on Economic Development, Trade & Innovation: Modifying provisions related to the office of regulatory assistance.  Reported by Committee on General Government Appropriations & Oversight

 

MAJORITY recommendation:  Do pass as amended by Committee on State Government & Tribal Affairs.  Signed by Representatives Hudgins, Chair; Miloscia, Vice Chair; Moscoso, Vice Chair; Blake; Fitzgibbon; Ladenburg; Pedersen and Van De Wege.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives McCune, Ranking Minority Member; Taylor, Assistant Ranking Minority Member; Ahern; Armstrong and Wilcox.

 

Passed to Committee on Rules for second reading.

 

February 23, 20120)

SSB 6387           Prime Sponsor, Committee on Energy, Natural Resources & Marine Waters: Concerning state parks, recreation, and natural resources fiscal matters.  Reported by Committee on General Government Appropriations & Oversight

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Hudgins, Chair; Miloscia, Vice Chair; Moscoso, Vice Chair; Armstrong; Blake; Fitzgibbon; Ladenburg; Pedersen and Van De Wege.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives McCune, Ranking Minority Member; Taylor, Assistant Ranking Minority Member; Ahern and Wilcox.

 

Passed to Committee on Rules for second reading.

 

February 22, 20120)

ESSB 6392         Prime Sponsor, Committee on Labor, Commerce & Consumer Protection: Establishing a farm internship program.  Reported by Committee on Health & Human Services Appropriations & Oversight

 

MAJORITY recommendation:  Do pass as amended by Committee on Health & Human Services Appropriations & Oversight and without amendment by Committee on Labor & Workforce Development.

 

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  A new section is added to chapter 49.12 RCW to read as follows:

      (1) The director shall establish a farm internship pilot project until December 1, 2017, for the employment of farm interns on small farms under special certificates at wages, if any, as authorized by the department and subject to such limitations as to time, number, proportion, and length of service as provided in this section and as prescribed by the department.  The pilot project consists of the following counties:  San Juan, Skagit, King, Whatcom, Kitsap, Pierce, Jefferson, Spokane, Yakima, Chelan, Grant, Kittitas, Lincoln, Okanogan, and Thurston.

      (2) A small farm may employ no more than three interns at one time under this section.

      (3) A small farm must apply for a special certificate on a form made available by the director.  The application must set forth:  The name of the farm and a description of the farm seeking the certificate; the type of work to be performed by a farm intern; a description of the internship program; the period of time for which the certificate is sought and the duration of an internship; the number of farm interns for which a special certificate is sought; the wages, if any, that will be paid to the farm intern; any room and board, stipends, and other remuneration the farm will provide to a farm intern; and the total number of workers employed by the farm.

      (4) Upon receipt of an application, the department shall review the application and issue a special certificate to the requesting farm within fifteen days if the department finds that:

      (a) The farm qualifies as a small farm;

      (b) There have been no serious violations of chapter 49.46 RCW or Title 51 RCW that provide reasonable grounds to believe that the terms of an internship agreement may not be complied with;

      (c) The issuance of a certificate will not create unfair competitive labor cost advantages nor have the effect of impairing or depressing wage or working standards established for experienced workers for work of a like or comparable character in the industry or occupation at which the intern is to be employed;

      (d) A farm intern will not displace an experienced worker; and

      (e) The farm demonstrates that the interns will perform work for the farm under an internship program that:  (i) Provides a curriculum of learning modules and supervised participation in farm work activities designed to teach farm interns about farming practices and farm enterprises; (ii) is based on the bona fide curriculum of an educational or vocational institution; and (iii) is reasonably designed to provide the intern with vocational knowledge and skills about farming practices and enterprises.  In assessing an internship program, the department may consult with relevant college and university departments and extension programs and state and local government agencies involved in the regulation or development of agriculture.

      (5) A special certificate issued under this section must specify the terms and conditions under which it is issued, including:  The name of the farm; the duration of the special certificate allowing the employment of farm interns and the duration of an internship; the total number of interns authorized under the special certificate; the authorized wage rate, if any; and any room and board, stipends, and other remuneration the farm will provide to the farm intern.  A farm worker may be paid at wages specified in the certificate only during the effective period of the certificate and for the duration of the internship.

      (6) If the department denies an application for a special certificate, notice of denial must be mailed to the farm.  The farm listed on the application may, within fifteen days after notice of such action has been mailed, file with the director a petition for review of the denial, setting forth grounds for seeking such a review.  If reasonable grounds exist, the director or the director's authorized representative may grant such a review and, to the extent deemed appropriate, afford all interested persons an opportunity to be heard on such review.

      (7) Before employing a farm intern, a farm must submit a statement on a form made available by the director stating that the farm understands:  The requirements of the industrial welfare act, chapter 49.12 RCW, that apply to farm interns; that the farm must pay workers' compensation premiums in the assigned intern risk class and must pay workers' compensation premiums for nonintern work hours in the applicable risk class; and that if the farm does not comply with subsection (8) of this section, the director may revoke the special certificate.

      (8) The director may revoke a special certificate issued under this section if a farm fails to:  Comply with the requirements of the industrial welfare act, chapter 49.12 RCW, that apply to farm interns; pay workers' compensation premiums in the assigned intern risk class; or pay workers' compensation premiums in the applicable risk class for nonintern work hours.

      (9) Before the start of a farm internship, the farm and the intern must sign a written agreement and send a copy of the agreement to the department.  The written agreement must, at a minimum:

      (a) Describe the internship program offered by the farm, including the skills and objectives the program is designed to teach and the manner in which those skills and objectives will be taught;

      (b) Explicitly state that the intern is not entitled to unemployment benefits or minimum wages for work and activities conducted pursuant to the internship program for the duration of the internship;

      (c) Describe the responsibilities, expectations, and obligations of the intern and the farm, including the anticipated number of hours of farm activities to be performed by and the anticipated number of hours of curriculum instruction provided to the intern per week;

      (d) Describe the activities of the farm and the type of work to be performed by the farm intern; and

      (e) Describes any wages, room and board, stipends, and other remuneration the farm will provide to the farm intern.

      (10) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

      (a) "Farm intern" means an individual who provides services to a small farm under a written agreement and primarily as a means of learning about farming practices and farm enterprises.

      (b) "Farm internship program" means an internship program described under subsection (4)(e) of this section.

      (c) "Small farm" means a farm:

      (i) Organized as a sole proprietorship, partnership, or corporation;

      (ii) That reports on the applicant's schedule F of form 1040 or other applicable form filed with the United States internal revenue service annual sales less than two hundred fifty thousand dollars; and

      (iii) Where all the owners or partners of the farm provide regular labor to and participate in the management of the farm, and own or lease the productive assets of the farm.

      (11) The department shall monitor and evaluate the farm internships authorized by this section and report to the appropriate committees of the legislature by December 31, 2017.  The report must include, but not be limited to:  The number of small farms that applied for and received special certificates; the number of interns employed as farm interns; the nature of the educational activities provided to the farm interns; the wages and other remuneration paid to farm interns; the number of and type of workers' compensation claims for farm interns; the employment of farm interns following farm internships; and other matters relevant to assessing farm internships authorized in this section.

Sec. 2.  RCW 49.46.010 and 2011 1st sp.s. c 43 s 462 are each reenacted and amended to read as follows:

      As used in this chapter:

      (1) "Director" means the director of labor and industries;

      (2) "Employ" includes to permit to work;

      (3) "Employee" includes any individual employed by an employer but shall not include:

      (a) Any individual (i) employed as a hand harvest laborer and paid on a piece rate basis in an operation which has been, and is generally and customarily recognized as having been, paid on a piece rate basis in the region of employment; (ii) who commutes daily from his or her permanent residence to the farm on which he or she is employed; and (iii) who has been employed in agriculture less than thirteen weeks during the preceding calendar year;

      (b) Any individual employed in casual labor in or about a private home, unless performed in the course of the employer's trade, business, or profession;

      (c) Any individual employed in a bona fide executive, administrative, or professional capacity or in the capacity of outside salesperson as those terms are defined and delimited by rules of the director.  However, those terms shall be defined and delimited by the human resources director pursuant to chapter 41.06 RCW for employees employed under the director of personnel's jurisdiction;

      (d) Any individual engaged in the activities of an educational, charitable, religious, state or local governmental body or agency, or nonprofit organization where the employer-employee relationship does not in fact exist or where the services are rendered to such organizations gratuitously.  If the individual receives reimbursement in lieu of compensation for normally incurred out-of-pocket expenses or receives a nominal amount of compensation per unit of voluntary service rendered, an employer-employee relationship is deemed not to exist for the purpose of this section or for purposes of membership or qualification in any state, local government, or publicly supported retirement system other than that provided under chapter 41.24 RCW;

      (e) Any individual employed full time by any state or local governmental body or agency who provides voluntary services but only with regard to the provision of the voluntary services.  The voluntary services and any compensation therefor shall not affect or add to qualification, entitlement, or benefit rights under any state, local government, or publicly supported retirement system other than that provided under chapter 41.24 RCW;

      (f) Any newspaper vendor or carrier;

      (g) Any carrier subject to regulation by Part 1 of the Interstate Commerce Act;

      (h) Any individual engaged in forest protection and fire prevention activities;

      (i) Any individual employed by any charitable institution charged with child care responsibilities engaged primarily in the development of character or citizenship or promoting health or physical fitness or providing or sponsoring recreational opportunities or facilities for young people or members of the armed forces of the United States;

      (j) Any individual whose duties require that he or she reside or sleep at the place of his or her employment or who otherwise spends a substantial portion of his or her work time subject to call, and not engaged in the performance of active duties;

      (k) Any resident, inmate, or patient of a state, county, or municipal correctional, detention, treatment or rehabilitative institution;

      (l) Any individual who holds a public elective or appointive office of the state, any county, city, town, municipal corporation or quasi municipal corporation, political subdivision, or any instrumentality thereof, or any employee of the state legislature;

      (m) All vessel operating crews of the Washington state ferries operated by the department of transportation;

      (n) Any individual employed as a seaman on a vessel other than an American vessel;

(o) Any farm intern providing his or her services to a small farm which has a special certificate issued under section 1 of this act;

      (4) "Employer" includes any individual, partnership, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee;

      (5) "Occupation" means any occupation, service, trade, business, industry, or branch or group of industries or employment or class of employment in which employees are gainfully employed;

      (6) "Retail or service establishment" means an establishment seventy-five percent of whose annual dollar volume of sales of goods or services, or both, is not for resale and is recognized as retail sales or services in the particular industry;

      (7) "Wage" means compensation due to an employee by reason of employment, payable in legal tender of the United States or checks on banks convertible into cash on demand at full face value, subject to such deductions, charges, or allowances as may be permitted by rules of the director.

NEW SECTION.  Sec. 3.  A new section is added to chapter 51.16 RCW to read as follows:

      The department shall adopt rules to provide special workers' compensation risk class or classes for farm interns providing agricultural labor pursuant to a farm internship program under section 1 of this act.  The rules must include any requirements for obtaining a special risk class that must be met by small farms.

NEW SECTION.  Sec. 4.  A new section is added to chapter 50.04 RCW to read as follows:

      (1) Except for services subject to RCW 50.44.010, 50.44.020, 50.44.030, or 50.50.010, the term "employment" does not include service performed in agricultural labor by a farm intern providing his or her services under a farm internship program as established in section 1 of this act.

      (2) For purposes of this section, "agricultural labor" means:

      (a) Services performed on a farm, in the employ of any person, in connection with the cultivation of the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and furbearing animals and wildlife, or in the employ of the owner or tenant or other operator of a farm in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment;

      (b) Services performed in packing, packaging, grading, storing, or delivering to storage, or to market or to a carrier for transportation to market, any agricultural or horticultural commodity; but only if such service is performed as an incident to ordinary farming operations.  The exclusions from the term "employment" provided in this subsection (2)(b) are not applicable with respect to commercial packing houses, commercial storage establishments, commercial canning, commercial freezing, or any other commercial processing or with respect to services performed in connection with the cultivation, raising, harvesting and processing of oysters or raising and harvesting of mushrooms; or

      (c) Direct local sales of any agricultural or horticultural commodity after its delivery to a terminal market for distribution or consumption.

NEW SECTION.  Sec. 5.  This act expires December 31, 2017."

 

       Correct the title.

 

Signed by Representatives Dickerson, Chair; Appleton, Vice Chair; Cody; Green; Kagi; Pettigrew and Walsh.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Schmick, Assistant Ranking Minority Member; Harris and Overstreet.

 

Passed to Committee on Rules for second reading.

 

February 21, 20120)

SSB 6444           Prime Sponsor, Committee on Transportation: Concerning eligible toll facilities.  Reported by Committee on Transportation

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Clibborn, Chair; Billig, Vice Chair; Liias, Vice Chair; Armstrong, Ranking Minority Member; Angel; Asay; Eddy; Finn; Fitzgibbon; Hansen; Jinkins; Johnson; Klippert; Ladenburg; Moeller; Morris; Moscoso; Reykdal; Rivers; Takko; Upthegrove and Zeiger.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Hargrove, Assistant Ranking Minority Member; McCune; Overstreet; Rodne and Shea.

 

Passed to Committee on Rules for second reading.

 

February 21, 20120)

ESSB 6445         Prime Sponsor, Committee on Transportation: Concerning the Interstate 5 Columbia river crossing project.  Reported by Committee on Transportation

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Clibborn, Chair; Billig, Vice Chair; Liias, Vice Chair; Armstrong, Ranking Minority Member; Angel; Asay; Eddy; Finn; Fitzgibbon; Hansen; Jinkins; Johnson; Klippert; Ladenburg; Moeller; Morris; Moscoso; Reykdal; Rivers; Takko; Upthegrove and Zeiger.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Hargrove, Assistant Ranking Minority Member; McCune; Overstreet; Rodne and Shea.

 

Passed to Committee on Rules for second reading.

 

February 21, 20120)

ESSB 6455         Prime Sponsor, Committee on Transportation: Concerning transportation revenue.  Reported by Committee on Transportation

 

MAJORITY recommendation:  Do pass as amended.

 

Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 46.17.100 and 2010 c 161 s 508 are each amended to read as follows:

      Before accepting an application for a certificate of title as required in this title, the department, county auditor or other agent, or subagent appointed by the director shall require the applicant to pay a ((five)) fifteen dollar application fee in addition to any other fees and taxes required by law.  The certificate of title application fee must be distributed under RCW 46.68.020.

Sec. 2.  RCW 46.17.140 and 2010 c 161 s 512 are each amended to read as follows:

      The penalty for a late transfer under RCW 46.12.650(7) is ((twenty- five)) fifty dollars assessed on the sixteenth day after the date of delivery and two dollars for each additional day thereafter, but the total penalty must not exceed one hundred twenty-five dollars.  The penalty must be distributed under RCW 46.68.020.

Sec. 3.  RCW 46.17.200 and 2011 c 171 s 56 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:

 

 

 

      (b) A license plate retention fee, as required under RCW 46.16A.200(10)(((a)(iii))) (c), 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.

Sec. 4.  RCW 46.20.293 and 2007 c 424 s 1 are each amended to read as follows:

      The department is authorized to provide juvenile courts with the department's record of traffic charges compiled under RCW 46.52.101 and 13.50.200, against any minor upon the request of any state juvenile court or duly authorized officer of any juvenile court of this state.  Further, the department is authorized to provide any juvenile court with any requested service which the department can reasonably perform which is not inconsistent with its legal authority which substantially aids juvenile courts in handling traffic cases and which promotes highway safety.

      The department is authorized to furnish to the parent, parents, or guardian of any person under eighteen years of age who is not emancipated from such parent, parents, or guardian, the department records of traffic charges compiled against the person and shall collect for the copy a fee of ((ten)) thirteen dollars, fifty percent of which must be deposited in the highway safety fund and fifty percent of which must be deposited according to RCW 46.68.038.

Sec. 5.  RCW 46.29.050 and 2010 c 8 s 9028 are each amended to read as follows:

      (1) The department shall upon request furnish any person or his or her attorney a certified abstract of his or her driving record, which abstract shall include enumeration of any motor vehicle accidents in which such person has been involved.  Such abstract shall (a) indicate the total number of vehicles involved, whether the vehicles were legally parked or moving, and whether the vehicles were occupied at the time of the accident; and (b) contain reference to any convictions of the person for violation of the motor vehicle laws as reported to the department, reference to any findings that the person has committed a traffic infraction which have been reported to the department, and a record of any vehicles registered in the name of the person.  The department shall collect for each abstract the sum of ((ten)) thirteen dollars, fifty percent of which shall be deposited in the highway safety fund and fifty percent of which must be deposited according to RCW 46.68.038.

      (2) The department shall upon request furnish any person who may have been injured in person or property by any motor vehicle, with an abstract of all information of record in the department pertaining to the evidence of the ability of any driver or owner of any motor vehicle to respond in damages.  The department shall collect for each abstract the sum of ((ten)) thirteen dollars, fifty percent of which shall be deposited in the highway safety fund and fifty percent of which must be deposited according to RCW 46.68.038.

Sec. 6.  RCW 46.52.130 and 2010 c 253 s 1 are each amended to read as follows:

      Upon a proper request, the department may furnish an abstract of a person's driving record as permitted under this section.

      (1) Contents of abstract of driving record.  An abstract of a person's driving record, whenever possible, must include:

      (a) An enumeration of motor vehicle accidents in which the person was driving, including:

      (i) The total number of vehicles involved;

      (ii) Whether the vehicles were legally parked or moving;

      (iii) Whether the vehicles were occupied at the time of the accident; and

      (iv) Whether the accident resulted in a fatality;

      (b) Any reported convictions, forfeitures of bail, or findings that an infraction was committed based upon a violation of any motor vehicle law;

      (c) The status of the person's driving privilege in this state; and

      (d) Any reports of failure to appear in response to a traffic citation or failure to respond to a notice of infraction served upon the named individual by an arresting officer.

      (2) Release of abstract of driving record.  An abstract of a person's driving record may be furnished to the following persons or entities:

      (a) Named individuals.  (i) An abstract of the full driving record maintained by the department may be furnished to the individual named in the abstract.

      (ii) Nothing in this section prevents a court from providing a copy of the driver's abstract to the individual named in the abstract, provided that the named individual has a pending or open infraction or criminal case in that court.  A pending case includes criminal cases that have not reached a disposition by plea, stipulation, trial, or amended charge.  An open infraction or criminal case includes cases on probation, payment agreement or subject to, or in collections.  Courts may charge a reasonable fee for the production and copying of the abstract for the individual.

      (b) Employers or prospective employers.  (i) An abstract of the full driving record maintained by the department may be furnished to an employer or prospective employer or an agent acting on behalf of an employer or prospective employer of the named individual for purposes related to driving by the individual as a condition of employment or otherwise at the direction of the employer.

      (ii) Release of an abstract of the driving record of an employee or prospective employee requires a statement signed by:  (A) The employee or prospective employee that authorizes the release of the record; and (B) the employer attesting that the information is necessary for employment purposes related to driving by the individual as a condition of employment or otherwise at the direction of the employer.  If the employer or prospective employer authorizes an agent to obtain this information on their behalf, this must be noted in the statement.

      (iii) Upon request of the person named in the abstract provided under this subsection, and upon that same person furnishing copies of court records ruling that the person was not at fault in a motor vehicle accident, the department must indicate on any abstract provided under this subsection that the person was not at fault in the motor vehicle accident.

      (c) Volunteer organizations.  (i) An abstract of the full driving record maintained by the department may be furnished to a volunteer organization or an agent for a volunteer organization for which the named individual has submitted an application for a position that would require driving by the individual at the direction of the volunteer organization.

      (ii) Release of an abstract of the driving record of a prospective volunteer requires a statement signed by:  (A) The prospective volunteer that authorizes the release of the record; and (B) the volunteer organization attesting that the information is necessary for purposes related to driving by the individual at the direction of the volunteer organization.  If the volunteer organization authorizes an agent to obtain this information on their behalf, this must be noted in the statement.

      (d) Transit authorities.  An abstract of the full driving record maintained by the department may be furnished to an employee or agent of a transit authority checking prospective volunteer vanpool drivers for insurance and risk management needs.

      (e) Insurance carriers.  (i) An abstract of the driving record maintained by the department covering the period of not more than the last three years may be furnished to an insurance company or its agent:

      (A) That has motor vehicle or life insurance in effect covering the named individual;

      (B) To which the named individual has applied; or

      (C) That has insurance in effect covering the employer or a prospective employer of the named individual.

      (ii) The abstract provided to the insurance company must:

      (A) Not contain any information related to actions committed by law enforcement officers or firefighters, as both terms are defined in RCW 41.26.030, or by Washington state patrol officers, while driving official vehicles in the performance of their occupational duty.  This does not apply to any situation where the vehicle was used in the commission of a misdemeanor or felony;

      (B) Include convictions under RCW 46.61.5249 and 46.61.525, except that the abstract must report the convictions only as negligent driving without reference to whether they are for first or second degree negligent driving; and

      (C) Exclude any deferred prosecution under RCW 10.05.060, except that if a person is removed from a deferred prosecution under RCW 10.05.090, the abstract must show the deferred prosecution as well as the removal.

      (iii) Any policy of insurance may not be canceled, nonrenewed, denied, or have the rate increased on the basis of information regarding an accident included in the abstract of a driving record, unless the policyholder was determined to be at fault.

      (iv) Any insurance company or its agent, for underwriting purposes relating to the operation of commercial motor vehicles, may not use any information contained in the abstract relative to any person's operation of motor vehicles while not engaged in such employment.  Any insurance company or its agent, for underwriting purposes relating to the operation of noncommercial motor vehicles, may not use any information contained in the abstract relative to any person's operation of commercial motor vehicles.

      (v) The director may enter into a contractual agreement with an insurance company or its agent for the limited purpose of reviewing the driving records of existing policyholders for changes to the record during specified periods of time.  The department shall establish a fee for this service, which must be deposited in the highway safety fund.  The fee for this service must be set at a level that will not result in a net revenue loss to the state.  Any information provided under this subsection must be treated in the same manner and is subject to the same restrictions as driving record abstracts.

      (f) Alcohol/drug assessment or treatment agencies.  An abstract of the driving record maintained by the department covering the period of not more than the last five years may be furnished to an alcohol/drug assessment or treatment agency approved by the department of social and health services to which the named individual has applied or been assigned for evaluation or treatment, for purposes of assisting employees in making a determination as to what level of treatment, if any, is appropriate, except that the abstract must:

      (i) Also include records of alcohol-related offenses, as defined in RCW 46.01.260(2), covering a period of not more than the last ten years; and

      (ii) Indicate whether an alcohol-related offense was originally charged as a violation of either RCW 46.61.502 or 46.61.504.

      (g) City attorneys and county prosecuting attorneys.  An abstract of the full driving record maintained by the department, including whether a recorded violation is an alcohol-related offense, as defined in RCW 46.01.260(2), that was originally charged as a violation of either RCW 46.61.502 or 46.61.504, may be furnished to city attorneys or county prosecuting attorneys.  City attorneys and county prosecuting attorneys may provide the driving record to alcohol/drug assessment or treatment agencies approved by the department of social and health services to which the named individual has applied or been assigned for evaluation or treatment.

      (h) State colleges, universities, or agencies, or units of local government.  An abstract of the full driving record maintained by the department may be furnished to (i) state colleges, universities, or agencies for employment and risk management purposes or (ii) units of local government authorized to self-insure under RCW 48.62.031 for employment and risk management purposes.

      (i) Superintendent of public instruction.  An abstract of the full driving record maintained by the department may be furnished to the superintendent of public instruction for review of public school bus driver records.  The superintendent or superintendent's designee may discuss information on the driving record with an authorized representative of the employing school district for employment and risk management purposes.

      (3) Release to third parties prohibited.  Any person or entity receiving an abstract of a person's driving record under subsection (2)(b) through (i) of this section shall use the abstract exclusively for his, her, or its own purposes or as otherwise expressly permitted under this section, and shall not divulge any information contained in the abstract to a third party.

      (4) Fee.  The director shall collect a ((ten)) thirteen dollar fee for each abstract of a person's driving record furnished by the department.  Fifty percent of the fee must be deposited in the highway safety fund, and fifty percent of the fee must be deposited according to RCW 46.68.038.

      (5) Violation.  (a) Any negligent violation of this section is a gross misdemeanor.

      (b) Any intentional violation of this section is a class C felony.

Sec. 7.  RCW 46.70.061 and 2002 c 352 s 23 are each amended to read as follows:

      (1) The annual fees for original licenses issued for twelve consecutive months from the date of issuance under this chapter shall be:

      (a) Vehicle dealers, principal place of business for each and every license classification:  ((Seven)) Nine hundred ((fifty)) seventy-five dollars;

      (b) Vehicle dealers, each subagency, and temporary subagency:  One hundred dollars;

      (c) Vehicle manufacturers:  Five hundred dollars.

      (2) The annual fee for renewal of any license issued pursuant to this chapter shall be:

      (a) Vehicle dealers, principal place of business for each and every license classification:  ((Two)) Three hundred ((fifty)) twenty-five dollars;

      (b) Vehicle dealer, each and every subagency:  Twenty-five dollars;

      (c) Vehicle manufacturers:  Two hundred fifty dollars.

      If any licensee fails or neglects to apply for such renewal within thirty days after the expiration of the license, or assigned renewal date under a staggered licensing system, the license shall be declared canceled by the director, in which case the licensee will be required to apply for an original license and pay the fee required for the original license.

      (3) The fee for the transfer to another location of any license classification issued pursuant to this chapter shall be twenty-five dollars.

      (4) The fee for vehicle dealer license plates and manufacturer license plates shall be the amount required by law for vehicle license plates exclusive of excise tax and gross weight and tonnage fees.

      (5) All fees collected under this chapter shall be deposited in the state treasury and credited to the motor vehicle fund.

      (6) The fees prescribed in this section are in addition to any excise taxes imposed by chapter 82.44 RCW.

Sec. 8.  RCW 46.70.180 and 2010 c 161 s 1136 are each amended to read as follows:

      Each of the following acts or practices is unlawful:

      (1) To cause or permit to be advertised, printed, displayed, published, distributed, broadcasted, televised, or disseminated in any manner whatsoever, any statement or representation with regard to the sale, lease, or financing of a vehicle which is false, deceptive, or misleading, including but not limited to the following:

      (a) That no down payment is required in connection with the sale of a vehicle when a down payment is in fact required, or that a vehicle may be purchased for a smaller down payment than is actually required;

      (b) That a certain percentage of the sale price of a vehicle may be financed when such financing is not offered in a single document evidencing the entire security transaction;

      (c) That a certain percentage is the amount of the service charge to be charged for financing, without stating whether this percentage charge is a monthly amount or an amount to be charged per year;

      (d) That a new vehicle will be sold for a certain amount above or below cost without computing cost as the exact amount of the factory invoice on the specific vehicle to be sold;

      (e) That a vehicle will be sold upon a monthly payment of a certain amount, without including in the statement the number of payments of that same amount which are required to liquidate the unpaid purchase price.

      (2)(a)(i) To incorporate within the terms of any purchase and sale or lease agreement any statement or representation with regard to the sale, lease, or financing of a vehicle which is false, deceptive, or misleading, including but not limited to terms that include as an added cost to the selling price or capitalized cost of a vehicle an amount for licensing or transfer of title of that vehicle which is not actually due to the state, unless such amount has in fact been paid by the dealer prior to such sale.

      (ii) However, an amount not to exceed ((the applicable amount provided in (iii)(A) and (B) of this subsection (2)(a))) one hundred fifty dollars per vehicle sale or lease may be charged by a dealer to recover administrative costs for collecting motor vehicle excise taxes, licensing and registration fees and other agency fees, verifying and clearing titles, transferring titles, perfecting, releasing, or satisfying liens or other security interests, and other administrative and documentary services rendered by a dealer in connection with the sale or lease of a vehicle and in carrying out the requirements of this chapter or any other provisions of state law.

      (((iii) A dealer may charge under (a)(ii) of this subsection:
      (A) As of July 26, 2009, through June 30, 2014, an amount not to exceed one hundred fifty dollars; and
      (B) As of July 1, 2014, an amount not to exceed fifty dollars.))

      (b) A dealer may charge the documentary service fee in (a) of this subsection under the following conditions:

      (i) The documentary service fee is disclosed in writing to a prospective purchaser or lessee before the execution of a purchase and sale or lease agreement;

      (ii) The dealer discloses to the purchaser or lessee in writing that the documentary service fee is a negotiable fee.  The disclosure must be written in a typeface that is at least as large as the typeface used in the standard text of the document that contains the disclosure and that is bold faced, capitalized, underlined, or otherwise set out from the surrounding material so as to be conspicuous.  The dealer shall not represent to the purchaser or lessee that the fee or charge is required by the state to be paid by either the dealer or prospective purchaser or lessee;

      (iii) The documentary service fee is separately designated from the selling price or capitalized cost of the vehicle and from any other taxes, fees, or charges; and

      (iv) Dealers disclose in any advertisement that a documentary service fee in an amount ((provided in (iv)(A) and (B) of this subsection (2)(b))) up to one hundred fifty dollars may be added to the sale price or the capitalized cost((:
      (A) As of July 26, 2009, through June 30, 2014, an amount up to one hundred fifty dollars; and
      (B) As of July 1, 2014, an amount up to fifty dollars)).

      For the purposes of this subsection (2), the term "documentary service fee" means the optional amount charged by a dealer to provide the services specified in (a) of this subsection.

      (3) To set up, promote, or aid in the promotion of a plan by which vehicles are to be sold or leased to a person for a consideration and upon further consideration that the purchaser or lessee agrees to secure one or more persons to participate in the plan by respectively making a similar purchase and in turn agreeing to secure one or more persons likewise to join in said plan, each purchaser or lessee being given the right to secure money, credits, goods, or something of value, depending upon the number of persons joining the plan.

      (4) To commit, allow, or ratify any act of "bushing" which is defined as follows:  Entering into a written contract, written purchase order or agreement, retail installment sales agreement, note and security agreement, or written lease agreement, hereinafter collectively referred to as contract or lease, signed by the prospective buyer or lessee of a vehicle, which:

      (a) Is subject to any conditions or the dealer's or his or her authorized representative's future acceptance, and the dealer fails or refuses within four calendar days, exclusive of Saturday, Sunday, or legal holiday, and prior to any further negotiations with said buyer or lessee to inform the buyer or lessee either:  (i) That the dealer unconditionally accepts the contract or lease, having satisfied, removed, or waived all conditions to acceptance or performance, including, but not limited to, financing, assignment, or lease approval; or (ii) that the dealer rejects the contract or lease, thereby automatically voiding the contract or lease, as long as such voiding does not negate commercially reasonable contract or lease provisions pertaining to the return of the subject vehicle and any physical damage, excessive mileage after the demand for return of the vehicle, and attorneys' fees authorized by law, and tenders the refund of any initial payment or security made or given by the buyer or lessee, including, but not limited to, any down payment, and tenders return of the trade-in vehicle, key, other trade-in, or certificate of title to a trade-in.  Tender may be conditioned on return of the subject vehicle if previously delivered to the buyer or lessee.

      The provisions of this subsection (4)(a) do not impair, prejudice, or abrogate the rights of a dealer to assert a claim against the buyer or lessee for misrepresentation or breach of contract and to exercise all remedies available at law or in equity, including those under chapter 62A.9A RCW, if the dealer, bank, or other lender or leasing company discovers that approval of the contract or financing or approval of the lease was based upon material misrepresentations made by the buyer or lessee, including, but not limited to, misrepresentations regarding income, employment, or debt of the buyer or lessee, as long as the dealer, or his or her staff, has not, with knowledge of the material misrepresentation, aided, assisted, encouraged, or participated, directly or indirectly, in the misrepresentation.  A dealer shall not be in violation of this subsection (4)(a) if the buyer or lessee made a material misrepresentation to the dealer, as long as the dealer, or his or her staff, has not, with knowledge of the material misrepresentation, aided, assisted, encouraged, or participated, directly or indirectly, in the misrepresentation.

      When a dealer informs a buyer or lessee under this subsection (4)(a) regarding the unconditional acceptance or rejection of the contract, lease, or financing by an electronic mail message, the dealer must also transmit the communication by any additional means;

      (b) Permits the dealer to renegotiate a dollar amount specified as trade-in allowance on a vehicle delivered or to be delivered by the buyer or lessee as part of the purchase price or lease, for any reason except:

      (i) Failure to disclose that the vehicle's certificate of title has been branded for any reason, including, but not limited to, status as a rebuilt vehicle as provided in RCW 46.12.540 and 46.12.560; or

      (ii) Substantial physical damage or latent mechanical defect occurring before the dealer took possession of the vehicle and which could not have been reasonably discoverable at the time of the taking of the order, offer, or contract; or

      (iii) Excessive additional miles or a discrepancy in the mileage.  "Excessive additional miles" means the addition of five hundred miles or more, as reflected on the vehicle's odometer, between the time the vehicle was first valued by the dealer for purposes of determining its trade-in value and the time of actual delivery of the vehicle to the dealer.  "A discrepancy in the mileage" means (A) a discrepancy between the mileage reflected on the vehicle's odometer and the stated mileage on the signed odometer statement; or (B) a discrepancy between the mileage stated on the signed odometer statement and the actual mileage on the vehicle; or

      (c) Fails to comply with the obligation of any written warranty or guarantee given by the dealer requiring the furnishing of services or repairs within a reasonable time.

      (5) To commit any offense relating to odometers, as such offenses are defined in RCW 46.37.540, 46.37.550, 46.37.560, and 46.37.570.  A violation of this subsection is a class C felony punishable under chapter 9A.20 RCW.

      (6) For any vehicle dealer or vehicle salesperson to refuse to furnish, upon request of a prospective purchaser or lessee, for vehicles previously registered to a business or governmental entity, the name and address of the business or governmental entity.

      (7) To commit any other offense under RCW 46.37.423, 46.37.424, or 46.37.425.

      (8) To commit any offense relating to a dealer's temporary license permit, including but not limited to failure to properly complete each such permit, or the issuance of more than one such permit on any one vehicle.  However, a dealer may issue a second temporary permit on a vehicle if the following conditions are met:

      (a) The lienholder fails to deliver the vehicle title to the dealer within the required time period;

      (b) The dealer has satisfied the lien; and

      (c) The dealer has proof that payment of the lien was made within two calendar days, exclusive of Saturday, Sunday, or a legal holiday, after the sales contract has been executed by all parties and all conditions and contingencies in the sales contract have been met or otherwise satisfied.

      (9) For a dealer, salesperson, or mobile home manufacturer, having taken an instrument or cash "on deposit" from a purchaser or lessee prior to the delivery of the bargained-for vehicle, to commingle the "on deposit" funds with assets of the dealer, salesperson, or mobile home manufacturer instead of holding the "on deposit" funds as trustee in a separate trust account until the purchaser or lessee has taken delivery of the bargained-for vehicle.  Delivery of a manufactured home shall be deemed to occur in accordance with RCW 46.70.135(5).  Failure, immediately upon receipt, to endorse "on deposit" instruments to such a trust account, or to set aside "on deposit" cash for deposit in such trust account, and failure to deposit such instruments or cash in such trust account by the close of banking hours on the day following receipt thereof, shall be evidence of intent to commit this unlawful practice:  PROVIDED, HOWEVER, That a motor vehicle dealer may keep a separate trust account which equals his or her customary total customer deposits for vehicles for future delivery.  For purposes of this section, "on deposit" funds received from a purchaser of a manufactured home means those funds that a seller requires a purchaser to advance before ordering the manufactured home, but does not include any loan proceeds or moneys that might have been paid on an installment contract.

      (10) For a dealer or manufacturer to fail to comply with the obligations of any written warranty or guarantee given by the dealer or manufacturer requiring the furnishing of goods and services or repairs within a reasonable period of time, or to fail to furnish to a purchaser or lessee, all parts which attach to the manufactured unit including but not limited to the undercarriage, and all items specified in the terms of a sales or lease agreement signed by the seller and buyer or lessee.

      (11) For a vehicle dealer to pay to or receive from any person, firm, partnership, association, or corporation acting, either directly or through a subsidiary, as a buyer's agent for consumers, any compensation, fee, purchase moneys or funds that have been deposited into or withdrawn out of any account controlled or used by any buyer's agent, gratuity, or reward in connection with the purchase, sale, or lease of a new motor vehicle.

      (12) For a buyer's agent, acting directly or through a subsidiary, to pay to or to receive from any motor vehicle dealer any compensation, fee, gratuity, or reward in connection with the purchase, sale, or lease of a new motor vehicle.  In addition, it is unlawful for any buyer's agent to engage in any of the following acts on behalf of or in the name of the consumer:

      (a) Receiving or paying any purchase moneys or funds into or out of any account controlled or used by any buyer's agent;

      (b) Signing any vehicle purchase orders, sales contracts, leases, odometer statements, or title documents, or having the name of the buyer's agent appear on the vehicle purchase order, sales contract, lease, or title; or

      (c) Signing any other documentation relating to the purchase, sale, lease, or transfer of any new motor vehicle.

      It is unlawful for a buyer's agent to use a power of attorney obtained from the consumer to accomplish or effect the purchase, sale, lease, or transfer of ownership documents of any new motor vehicle by any means which would otherwise be prohibited under (a) through (c) of this subsection.  However, the buyer's agent may use a power of attorney for physical delivery of motor vehicle license plates to the consumer.

      Further, it is unlawful for a buyer's agent to engage in any false, deceptive, or misleading advertising, disseminated in any manner whatsoever, including but not limited to making any claim or statement that the buyer's agent offers, obtains, or guarantees the lowest price on any motor vehicle or words to similar effect.

      (13) For a buyer's agent to arrange for or to negotiate the purchase, or both, of a new motor vehicle through an out-of-state dealer without disclosing in writing to the customer that the new vehicle would not be subject to chapter 19.118 RCW.  This subsection also applies to leased vehicles.  In addition, it is unlawful for any buyer's agent to fail to have a written agreement with the customer that:  (a) Sets forth the terms of the parties' agreement; (b) discloses to the customer the total amount of any fees or other compensation being paid by the customer to the buyer's agent for the agent's services; and (c) further discloses whether the fee or any portion of the fee is refundable.

      (14) Being a manufacturer, other than a motorcycle manufacturer governed by chapter 46.93 RCW, to:

      (a) Coerce or attempt to coerce any vehicle dealer to order or accept delivery of any vehicle or vehicles, parts or accessories, or any other commodities which have not been voluntarily ordered by the vehicle dealer:  PROVIDED, That recommendation, endorsement, exposition, persuasion, urging, or argument are not deemed to constitute coercion;

      (b) Cancel or fail to renew the franchise or selling agreement of any vehicle dealer doing business in this state without fairly compensating the dealer at a fair going business value for his or her capital investment which shall include but not be limited to tools, equipment, and parts inventory possessed by the dealer on the day he or she is notified of such cancellation or termination and which are still within the dealer's possession on the day the cancellation or termination is effective, if:  (i) The capital investment has been entered into with reasonable and prudent business judgment for the purpose of fulfilling the franchise; and (ii) the cancellation or nonrenewal was not done in good faith.  Good faith is defined as the duty of each party to any franchise to act in a fair and equitable manner towards each other, so as to guarantee one party freedom from coercion, intimidation, or threats of coercion or intimidation from the other party:  PROVIDED, That recommendation, endorsement, exposition, persuasion, urging, or argument are not deemed to constitute a lack of good faith;

      (c) Encourage, aid, abet, or teach a vehicle dealer to sell or lease vehicles through any false, deceptive, or misleading sales or financing practices including but not limited to those practices declared unlawful in this section;

      (d) Coerce or attempt to coerce a vehicle dealer to engage in any practice forbidden in this section by either threats of actual cancellation or failure to renew the dealer's franchise agreement;

      (e) Refuse to deliver any vehicle publicly advertised for immediate delivery to any duly licensed vehicle dealer having a franchise or contractual agreement for the retail sale or lease of new and unused vehicles sold or distributed by such manufacturer within sixty days after such dealer's order has been received in writing unless caused by inability to deliver because of shortage or curtailment of material, labor, transportation, or utility services, or by any labor or production difficulty, or by any cause beyond the reasonable control of the manufacturer;

      (f) To provide under the terms of any warranty that a purchaser or lessee of any new or unused vehicle that has been sold or leased, distributed for sale or lease, or transferred into this state for resale or lease by the vehicle manufacturer may only make any warranty claim on any item included as an integral part of the vehicle against the manufacturer of that item.

      Nothing in this section may be construed to impair the obligations of a contract or to prevent a manufacturer, distributor, representative, or any other person, whether or not licensed under this chapter, from requiring performance of a written contract entered into with any licensee hereunder, nor does the requirement of such performance constitute a violation of any of the provisions of this section if any such contract or the terms thereof requiring performance, have been freely entered into and executed between the contracting parties.  This paragraph and subsection (14)(b) of this section do not apply to new motor vehicle manufacturers governed by chapter 46.96 RCW.

      (15) Unlawful transfer of an ownership interest in a motor vehicle as defined in RCW 19.116.050.

      (16) To knowingly and intentionally engage in collusion with a registered owner of a vehicle to repossess and return or resell the vehicle to the registered owner in an attempt to avoid a suspended license impound under chapter 46.55 RCW.  However, compliance with chapter 62A.9A RCW in repossessing, selling, leasing, or otherwise disposing of the vehicle, including providing redemption rights to the debtor, is not a violation of this section.

      (17)(a) For a dealer to enter into a new motor vehicle sales contract without disclosing in writing to a buyer of the new motor vehicle, or to a dealer in the case of an unregistered motor vehicle, any known damage and repair to the new motor vehicle if the damage exceeds five percent of the manufacturer's suggested retail price as calculated at the dealer's authorized warranty rate for labor and parts, or one thousand dollars, whichever amount is greater.  A manufacturer or new motor vehicle dealer is not required to disclose to a dealer or buyer that glass, tires, bumpers, or cosmetic parts of a new motor vehicle were damaged at any time if the damaged item has been replaced with original or comparable equipment.  A replaced part is not part of the cumulative damage required to be disclosed under this subsection.

      (b) A manufacturer is required to provide the same disclosure to a dealer of any known damage or repair as required in (a) of this subsection.

      (c) If disclosure of any known damage or repair is not required under this section, a buyer may not revoke or rescind a sales contract due to the fact that the new motor vehicle was damaged and repaired before completion of the sale.

      (d) As used in this section:

      (i) "Cosmetic parts" means parts that are attached by and can be replaced in total through the use of screws, bolts, or other fasteners without the use of welding or thermal cutting, and includes windshields, bumpers, hoods, or trim panels.

      (ii) "Manufacturer's suggested retail price" means the retail price of the new motor vehicle suggested by the manufacturer, and includes the retail delivered price suggested by the manufacturer for each accessory or item of optional equipment physically attached to the new motor vehicle at the time of delivery to the new motor vehicle dealer that is not included within the retail price suggested by the manufacturer for the new motor vehicle.

NEW SECTION.  Sec. 9.  A new section is added to chapter 46.68 RCW to read as follows:

      (1) The public transportation grant program account is created in the state treasury.  Moneys in the account may be spent only after appropriation.  Expenditures from the account may be used only for the grants provided under section 10 of this act.

      (2) Beginning October 2012, and by the last day of December 2012, March 2013, and June 2013, the state treasurer shall transfer from the multimodal transportation account to the public transportation grant program account two million five hundred thousand dollars.

      (3) Beginning September 2013, and by the last day of September, December, March, and June of each year, the state treasurer shall transfer from the multimodal transportation account to the public transportation grant program account three million seven hundred fifty thousand dollars.

NEW SECTION.  Sec. 10.  A new section is added to chapter 47.66 RCW to read as follows:

      (1) The department shall establish a public transportation grant program.  The purpose of the grant program is to aid transit authorities, and the grant amounts provided pursuant to this subsection must be used for operations.  One hundred percent of the money appropriated for the public transportation grant program must be distributed statewide to transit authorities according to the distribution formula in (a) of this subsection.

      (a) Of the grant amounts provided to transit authorities pursuant to this subsection:

      (i) One-third must be distributed based on the number of vehicle miles of service provided;

      (ii) One-third must be distributed based on the number of vehicle hours of service provided; and

      (iii) One-third must be distributed based on the number of passenger trips.

      (b) For the purposes of this subsection:

      (i) "Transit authorities" has the same meaning as in RCW 9.91.025(2).

      (ii) "Vehicle miles of service," "vehicle hours of service," and "passenger trips" are transit service metrics as reported by the public transportation program of the department of transportation in the annual report required in RCW 35.58.2796 for the most recent calendar year.

      (2) The department must report annually to the transportation committees of the legislature on the use of the grant amounts provided pursuant to this section.

NEW SECTION.  Sec. 11.  A new section is added to chapter 46.17 RCW to read as follows:

      (1) Before accepting an application for an annual vehicle registration renewal for an electric vehicle that uses propulsion units powered solely by electricity, the department, county auditor or other agent, or subagent appointed by the director must require the applicant to pay a one hundred dollar fee in addition to any other fees and taxes required by law.  The one hundred dollar fee is due only at the time of annual registration renewal.

      (2) This section only applies to:

      (a) A vehicle that is designed to have the capability to drive at a speed of more than thirty-five miles per hour; and

      (b) An annual vehicle registration renewal that is due on or after February 1, 2013.

      (3)(a) The fee under this section is imposed to provide funds to mitigate the impact of vehicles on state roads and highways, and is separate and distinct from other vehicle license fees.  Proceeds from the fee must be used for highway purposes, and must be deposited in the motor vehicle fund created in RCW 46.68.070, subject to (b) of this subsection.

      (b) If in any year the amount of proceeds from the fee collected under this section exceeds one million dollars, the excess amount over one million dollars must be deposited as follows:

      (i) Seventy percent to the motor vehicle fund created in RCW 46.68.070; 

      (ii) Fifteen percent to the transportation improvement account created in RCW 47.26.084; and

      (iii) Fifteen percent to the rural arterial trust account created in RCW 36.79.020.

NEW SECTION.  Sec. 12.  Section 11 of this act expires on the effective date of legislation enacted by the legislature that imposes a vehicle miles traveled fee or tax.

NEW SECTION.  Sec. 13.  The department of licensing must provide written notice of the expiration date of section 11 of this act to affected parties, the chief clerk of the house of representatives, the secretary of the senate, the office of the code reviser, and others as deemed appropriate by the department.

Sec. 14.  RCW 46.10.420 and 2010 c 161 s 231 are each amended to read as follows:

      (1) Each dealer of snowmobiles in this state shall obtain a snowmobile dealer license from the department in a manner prescribed by the department.  Upon receipt of an application for a snowmobile dealer's license and the fee provided in subsection (2) of this section, the dealer is licensed and a snowmobile dealer license number must be assigned.

      (2) The annual license fee for a snowmobile dealer is twenty-five dollars, which covers all of the snowmobiles offered by a dealer for sale and not rented on a regular, commercial basis.  Snowmobiles rented on a regular commercial basis by a snowmobile dealer must be registered separately under RCW 46.10.310, 46.10.400, 46.10.430, and 46.10.440.

      (3) Upon the issuance of a snowmobile dealer license, a snowmobile dealer may purchase, at a cost to be determined by the department, snowmobile dealer license plates of a size and color to be determined by the department.  The snowmobile dealer license plates must contain the snowmobile license number assigned to the dealer.  Each snowmobile operated by a dealer, dealer representative, or prospective customer for the purposes of demonstration or testing shall display snowmobile dealer license plates in a clearly visible manner.

      (4) Only a dealer, dealer representative, or prospective customer may display a snowmobile dealer plate, and only a dealer, dealer representative, or prospective customer may use a snowmobile dealer's license plate for the purposes described in subsection (3) of this section.

      (5) Snowmobile dealer licenses are nontransferable.

      (6) It is unlawful for any snowmobile dealer to sell a snowmobile at wholesale or retail, or to test or demonstrate any snowmobile, within the state, unless the dealer has a snowmobile dealer license as required under this section.

      (7) When a snowmobile is sold by a snowmobile dealer, the dealer:

      (a) Shall apply for licensing in the purchaser's name ((within fifteen days following the sale)) as provided by rules adopted by the department; and

      (b) May issue a temporary license as provided by rules adopted by the department.

Sec. 15.  RCW 46.12.675 and 2010 c 161 s 316 are each amended to read as follows:

      (1) A security interest in a vehicle other than one held as inventory by a manufacturer or a dealer and for which a certificate of title is required is perfected only by:

      (a) Complying with the requirements of RCW 46.12.660 or this section;

      (b) Receipt by the department, county auditor or other agent, or subagent appointed by the director of:

      (i) The existing certificate of title, if any;

      (ii) An application for a certificate of title containing the name and address of the secured party; and

      (iii) Payment of the required fees.

      (2) A security interest is perfected when it is created if the secured party's name and address appear on the most recently issued certificate of title or, if not, it is created when the department, county auditor or other agent, or subagent appointed by the director receives the certificate of title or an application for a certificate of title and the fees required in subsection (1) of this section.

      (3) If a vehicle is subject to a security interest when brought into this state, perfection of the security interest is determined by the law of the jurisdiction where the vehicle was when the security interest was attached, subject to the following:

      (a) The security interest continues perfected in this state if the name of the secured party is shown on the existing certificate of title issued by that jurisdiction.  The name of the secured party must be shown on the certificate of title issued for the vehicle by this state.  The security interest continues perfected in this state when the department issues the certificate of title.

      (b) If the security interest was not perfected under the law of the jurisdiction where the vehicle was when the security interest was attached, it may be perfected in this state.  Perfection begins when the department receives the information and fees required in subsection (1) of this section.

      (4)(a) After a certificate of title has been issued, the registered owner or secured party must apply to the department, county auditor or other agent, or subagent appointed by the director for a new certificate of title when a security interest is granted on a vehicle.  Within ten days after creating a security agreement, the registered owner or secured party must submit:

      (i) An application for a certificate of title;

      (ii) The certificate of title last issued for the vehicle, or other documentation required by the department; and

      (iii) The fee required in RCW 46.17.100.

      (b) If satisfied that a certificate of title should be reissued, the department shall change the vehicle record and issue a new certificate of title to the secured party.

      (5) A secured party shall release the security interest when the conditions within the security agreement have been met and there is no further secured obligation.  The secured party must either:

      (a) Assign the certificate of title to the registered owner or the registered owner's designee and send the certificate of title to the department, county auditor or other agent, or subagent appointed by the director with the fee required in RCW 46.17.100; or

      (b) Assign the certificate of title to the person acquiring the vehicle from the registered owner with the registered owner's release of interest.

      (6) The department shall issue a new certificate of title to the registered owner when the department receives the release of interest and required fees as provided in subsection (5)(a) of this section.

      (7) A secured party is liable for one hundred dollars payable to the registered owner or person acquiring the vehicle from the registered owner when:

      (a) The secured party fails to either assign the certificate of title to the registered owner or to the person acquiring the vehicle from the registered owner or apply for a new certificate of title within ten days after proper demand; and

      (b) The failure of the secured party to act as described in (a) of this subsection results in a loss to the registered owner or person acquiring the vehicle from the registered owner.

Sec. 16.  RCW 46.16A.320 and 2010 c 161 s 425 are each amended to read as follows:

      (1)(a) A vehicle owner may operate an unregistered vehicle on public highways under the authority of a trip permit issued by this state.  For purposes of trip permits, a vehicle is considered unregistered if:

      (i) Under reciprocal relations with another jurisdiction, the owner would be required to register the vehicle in this state;

      (ii) Not registered when registration is required under this chapter;
      (iii) The license tabs have expired; or

      (((iii))) (iv) The current gross weight license is insufficient for the load being carried.  The licensed gross weight may not exceed eighty thousand pounds for a combination of vehicles or forty thousand pounds for a single unit vehicle with three or more axles.

      (b) Trip permits are required to move mobile homes or park model trailers and may only be issued if property taxes are paid in full.

      (2) Trip permits may not be:

      (a) Issued to vehicles registered under RCW 46.16A.455(5) in lieu of further registration within the same registration year; or

      (b) Used for commercial motor vehicles owned by a motor carrier subject to RCW 46.32.080 if the motor carrier's department of transportation number has been placed out of service by the Washington state patrol.  A violation of or a failure to comply with this subsection is a gross misdemeanor, subject to a minimum monetary penalty of two thousand five hundred dollars for the first violation and five thousand dollars for each subsequent violation.

      (3)(a) Each trip permit authorizes the operation of a single vehicle at the maximum legal weight limit for the vehicle for a period of three consecutive days beginning with the day of first use.  No more than three trip permits may be used for any one vehicle in any thirty consecutive day period.  No more than two trip permits may be used for any one recreational vehicle, as defined in RCW 43.22.335, in a one- year period.  Every trip permit must:

      (i) Identify the vehicle for which it is issued;

      (ii) Be completed in its entirety;

      (iii) Be signed by the operator before operation of the vehicle on the public highways of this state;

      (iv) Not be altered or corrected.  Altering or correcting data on the trip permit invalidates the trip permit; and

      (v) Be displayed on the vehicle for which it is issued as required by the department.

      (b) Vehicles operating under the authority of trip permits are subject to all laws, rules, and regulations affecting the operation of similar vehicles in this state.

      (4) Prorate operators operating commercial vehicles on trip permits in Washington shall retain the customer copy of each permit for four years.

      (5) Trip permits may be obtained from field offices of the department of transportation, department of licensing, county auditors or other agents, and subagents appointed by the department for the fee provided in RCW 46.17.400(1)(h).  Exchanges, credits, or refunds may not be given for trip permits after they have been purchased.

      (6) Except as provided in subsection (2)(b) of this section, a violation of or a failure to comply with this section is a gross misdemeanor.

      (7) The department may adopt rules necessary to administer this section.

Sec. 17.  RCW 88.02.640 and 2011 c 326 s 5, 2011 c 171 s 134, and 2011 c 169 s 1 are each reenacted and 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 and surcharge:

 

 

 

      (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) 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 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) 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 88.02.650.

      (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 88.02.650; 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.

      (7)(a) The fifty dollar quick title service fee must be distributed as follows:

      (i) If the fee is paid to the director, the fee must be deposited to the general fund.

      (ii) If the fee is paid to the participating county auditor or other agent or subagent appointed by the director, twenty-five dollars must be deposited to the general fund.  The remainder must be retained by the county treasurer in the same manner as other fees collected by the county auditor.

      (b) For the purposes of this subsection, "quick title" has the same meaning as in RCW 88.02.540.

NEW SECTION.  Sec. 18.  Sections 1 through 10 of this act take effect October 1, 2012."

 

       Correct the title.

 

Signed by Representatives Clibborn, Chair; Billig, Vice Chair; Liias, Vice Chair; Eddy; Finn; Fitzgibbon; Hansen; Jinkins; Ladenburg; Moeller; Morris; Moscoso; Reykdal; Takko and Upthegrove.

 

MINORITY recommendation:  Do not pass.  Signed by Representatives Armstrong, Ranking Minority Member; Hargrove, Assistant Ranking Minority Member; Angel; Asay; Johnson; Klippert; McCune; Overstreet; Rivers; Rodne; Shea and Zeiger.

 

Passed to Committee on Rules for second reading.

 

February 22, 20120)

SB 6545             Prime Sponsor, Senator Murray: Transferring the powers, duties, and functions of the developmental disabilities endowment from the department of health to the department of commerce.  Reported by Committee on Health & Human Services Appropriations & Oversight

 

MAJORITY recommendation:  Do pass.  Signed by Representatives Dickerson, Chair; Appleton, Vice Chair; Schmick, Assistant Ranking Minority Member; Cody; Green; Harris; Kagi; Overstreet; Pettigrew and Walsh.

 

Passed to Committee on Rules for second reading.

February 23, 20120)

 

There being no objection, the bills listed on the day’s committee reports under the fifth order of business were referred to the committees so designated.

 

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

 

There being no objection, the House adjourned until 10:00 a.m., February 24, 2012, the 47th Day of the Regular Session.

 

FRANK CHOPP, Speaker

BARBARA BAKER, Chief Clerk