AN
ACT Relating to reports to the legislature; amending RCW 4.24.5502, 13.40.460,
18.20.230, 41.05.021, 43.06.400, 43.20A.375, 43.20A.870, 43.41.195, 43.59.150,
43.88.067, 43.180.070, 43.200.080, 47.06B.030, 70.24.107, 75.08.510, and
80.36.600; and repealing RCW 48.85.050 and 75.46.020.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
4.24.5502 and 1997 c 364 s 7 are each amended to read as follows:
(((1)))
The department of corrections, the department of social and health services,
and the indeterminate sentence review board shall jointly develop, by September
1, 1997, a consistent approach to risk assessment for the purposes of
implementing chapter 364, Laws of 1997, including consistent standards for
classifying sex offenders into risk levels I, II, and III.
(((2)
The department of social and health services, the department of corrections,
and the indeterminate sentence review board shall each prepare and deliver to
the legislature, by December 1, 1998, a report indicating the number of sex
offenders released after July 27, 1997, and classified in each level of risk
category. The reports shall also include information on the number,
jurisdictions, and circumstances where the risk level classification made by a
local law enforcement agency or official for specific sex offenders differed
from the risk level classification made by the department or the indeterminate
sentence review board for the same offender.))
Sec.
2. RCW
13.40.460 and 1997 c 386 s 54 are each amended to read as follows:
The
secretary, assistant secretary, or the secretary's designee shall manage and
administer the department's juvenile rehabilitation responsibilities, including
but not limited to the operation of all state institutions or facilities used
for juvenile rehabilitation.
The
secretary or assistant secretary shall:
(1)
Prepare a biennial budget request sufficient to meet the confinement and
rehabilitative needs of the juvenile rehabilitation program, as forecast by the
office of financial management;
(2)
Create by rule a formal system for inmate classification. This classification
system shall consider:
(a)
Public safety;
(b)
Internal security and staff safety;
(c)
Rehabilitative resources both within and outside the department;
(d)
An assessment of each offender's risk of sexually aggressive behavior as
provided in RCW 13.40.470; and
(e)
An assessment of each offender's vulnerability to sexually aggressive behavior
as provided in RCW 13.40.470;
(3)
Develop agreements with local jurisdictions to develop regional facilities with
a variety of custody levels;
(4)
Adopt rules establishing effective disciplinary policies to maintain order
within institutions;
(5)
Develop a comprehensive diagnostic evaluation process to be used at intake,
including but not limited to evaluation for substance addiction or abuse,
literacy, learning disabilities, fetal alcohol syndrome or effect, attention
deficit disorder, and mental health;
(6)
Develop placement criteria: and
(a)
To avoid assigning youth who present a moderate or high risk of sexually
aggressive behavior to the same sleeping quarters as youth assessed as
vulnerable to sexual victimization under RCW 13.40.470(1)(c); and
(b)
To avoid placing a juvenile offender on parole status who has been assessed as
a moderate to high risk for sexually aggressive behavior in a department
community residential program with another child who is: (i) Dependent under
chapter 13.34 RCW, or an at-risk youth or child in need of services under
chapter 13.32A RCW; and (ii) not also a juvenile offender on parole status; and
(7)
Develop a plan to implement, by July 1, 1995:
(a)
Substance abuse treatment programs for all state juvenile rehabilitation
facilities and institutions;
(b)
Vocational education and instruction programs at all state juvenile
rehabilitation facilities and institutions; and
(c)
An educational program to establish self-worth and responsibility in juvenile
offenders. This educational program shall emphasize instruction in
character-building principles such as: Respect for self, others, and
authority; victim awareness; accountability; work ethics; good citizenship; and
life skills((; and
(8)
Study, in conjunction with the superintendent of public instruction, educators,
and superintendents of state facilities for juvenile offenders, the feasibility
and value of consolidating within a single entity the provision of educational
services to juvenile offenders committed to state facilities. The assistant
secretary shall report his or her findings to the legislature by December 1,
1995)).
Sec.
3. RCW
18.20.230 and 1998 c 272 s 2 are each amended to read as follows:
(1)
The department of social and health services shall review, in coordination with
the department of health, the nursing care quality assurance commission, adult
family home providers, boarding home providers, in-home personal care
providers, and long-term care consumers and advocates, training standards for
administrators and resident caregiving staff. ((The departments and the
commission shall submit to the appropriate committees of the house of
representatives and the senate by December 1, 1998, specific recommendations on
training standards and the delivery system, including necessary statutory changes
and funding requirements.)) Any proposed enhancements shall be consistent
with this section, shall take into account and not duplicate other training
requirements applicable to boarding homes and staff, and shall be developed
with the input of boarding home and resident representatives, health care
professionals, and other vested interest groups. Training standards and the
delivery system shall be relevant to the needs of residents served by the
boarding home and recipients of long-term in-home personal care services and
shall be sufficient to ensure that administrators and caregiving staff have the
skills and knowledge necessary to provide high quality, appropriate care.
(2)
The recommendations on training standards and the delivery system developed
under subsection (1) of this section shall be based on a review and
consideration of the following: Quality of care; availability of training;
affordability, including the training costs incurred by the department of
social and health services and private providers; portability of existing
training requirements; competency testing; practical and clinical course work;
methods of delivery of training; standards for management and caregiving staff
training; and necessary enhancements for special needs populations and resident
rights training. Residents with special needs include, but are not limited to,
residents with a diagnosis of mental illness, dementia, or developmental
disability.
(((3) The department of social and health services shall report
to the appropriate committees of the house of representatives and the senate by
December 1, 1998, on the cost of implementing the proposed training standards
for state-funded residents, and on the extent to which that cost is covered by
existing state payment rates.))
Sec.
4. RCW
41.05.021 and 1997 c 274 s 1 are each amended to read as follows:
(1)
The Washington state health care authority is created within the executive
branch. The authority shall have an administrator appointed by the governor,
with the consent of the senate. The administrator shall serve at the pleasure
of the governor. The administrator may employ up to seven staff members, who
shall be exempt from chapter 41.06 RCW, and any additional staff members as are
necessary to administer this chapter. The administrator may delegate any power
or duty vested in him or her by this chapter, including authority to make final
decisions and enter final orders in hearings conducted under chapter 34.05
RCW. The primary duties of the authority shall be to: Administer state
employees' insurance benefits and retired or disabled school employees'
insurance benefits; administer the basic health plan pursuant to chapter 70.47
RCW; study state-purchased health care programs in order to maximize cost
containment in these programs while ensuring access to quality health care; and
implement state initiatives, joint purchasing strategies, and techniques for
efficient administration that have potential application to all state-purchased
health services. The authority's duties include, but are not limited to, the
following:
(a)
To administer health care benefit programs for employees and retired or
disabled school employees as specifically authorized in RCW 41.05.065 and in
accordance with the methods described in RCW 41.05.075, 41.05.140, and other
provisions of this chapter;
(b)
To analyze state-purchased health care programs and to explore options for cost
containment and delivery alternatives for those programs that are consistent
with the purposes of those programs, including, but not limited to:
(i)
Creation of economic incentives for the persons for whom the state purchases
health care to appropriately utilize and purchase health care services,
including the development of flexible benefit plans to offset increases in
individual financial responsibility;
(ii)
Utilization of provider arrangements that encourage cost containment, including
but not limited to prepaid delivery systems, utilization review, and
prospective payment methods, and that ensure access to quality care, including
assuring reasonable access to local providers, especially for employees
residing in rural areas;
(iii)
Coordination of state agency efforts to purchase drugs effectively as provided
in RCW 70.14.050;
(iv)
Development of recommendations and methods for purchasing medical equipment and
supporting services on a volume discount basis; and
(v)
Development of data systems to obtain utilization data from state-purchased
health care programs in order to identify cost centers, utilization patterns,
provider and hospital practice patterns, and procedure costs, utilizing the information
obtained pursuant to RCW 41.05.031;
(c)
To analyze areas of public and private health care interaction;
(d)
To provide information and technical and administrative assistance to the
board;
(e)
To review and approve or deny applications from counties, municipalities, and
other political subdivisions of the state to provide state-sponsored insurance
or self-insurance programs to their employees in accordance with the provisions
of RCW 41.04.205, setting the premium contribution for approved groups as
outlined in RCW 41.05.050;
(f)
To appoint a health care policy technical advisory committee as required by RCW
41.05.150;
(g)
To establish billing procedures and collect funds from school districts and
educational service districts under RCW 28A.400.400 in a way that minimizes the
administrative burden on districts; and
(h)
To promulgate and adopt rules consistent with this chapter as described in RCW
41.05.160.
(2)
On and after January 1, 1996, the public employees' benefits board may
implement strategies to promote managed competition among employee health
benefit plans. Strategies may include but are not limited to:
(a)
Standardizing the benefit package;
(b)
Soliciting competitive bids for the benefit package;
(c)
Limiting the state's contribution to a percent of the lowest priced qualified
plan within a geographical area;
(d)
Monitoring the impact of the approach under this subsection with regards to:
Efficiencies in health service delivery, cost shifts to subscribers, access to
and choice of managed care plans state-wide, and quality of health services.
The health care authority shall also advise on the value of administering a
benchmark employer-managed plan to promote competition among managed care
plans. ((The health care authority shall report its findings and
recommendations to the legislature by January 1, 1997.
(3)
The health care authority shall, no later than July 1, 1996, submit to the
appropriate committees of the legislature, proposed methods whereby, through
the use of a voucher-type process, state employees may enroll with any health
carrier to receive employee benefits. Such methods shall include the employee
option of participating in a health care savings account, as set forth in Title
48 RCW.))
Sec.
5. RCW
43.06.400 and 1987 c 472 s 16 are each amended to read as follows:
Beginning
in January((,)) 1984, and in January of every ((even-numbered)) fourth
year thereafter, the department of revenue shall submit to the legislature
prior to the regular session a listing of the amount of reduction for the
current and next biennium in the revenues of the state or the revenues of local
government collected by the state as a result of tax exemptions. The listing
shall include an estimate of the revenue lost from the tax exemption, the
purpose of the tax exemption, the persons, organizations, or parts of the
population which benefit from the tax exemption, and whether or not the tax
exemption conflicts with another state program. The listing shall include but
not be limited to the following revenue sources:
(1)
Real and personal property tax exemptions under Title 84 RCW;
(2)
Business and occupation tax exemptions, deductions, and credits under chapter
82.04 RCW;
(3)
Retail sales and use tax exemptions under chapters 82.08, 82.12, and 82.14 RCW;
(4)
Public utility tax exemptions and deductions under chapter 82.16 RCW;
(5)
Food fish and shellfish tax exemptions under chapter 82.27 RCW;
(6)
Leasehold excise tax exemptions under chapter 82.29A RCW;
(7)
Motor vehicle and special fuel tax exemptions and refunds under chapters 82.36
and 82.38 RCW;
(8)
Aircraft fuel tax exemptions under chapter 82.42 RCW;
(9)
Motor vehicle excise tax exclusions under chapter 82.44 RCW; and
(10)
Insurance premiums tax exemptions under chapter 48.14 RCW.
The
department of revenue shall prepare the listing required by this section with
the assistance of any other agencies or departments as may be required.
The
department of revenue shall present the listing to the ways and means
committees of each house in public hearings.
Beginning
in January((,)) 1984, and every four years thereafter the governor is
requested to review the report from the department of revenue and may submit
recommendations to the legislature with respect to the repeal or modification
of any tax exemption. The ways and means committees of each house and the
appropriate standing committee of each house shall hold public hearings and
take appropriate action on the recommendations submitted by the governor.
As
used in this section, "tax exemption" means an exemption, exclusion,
or deduction from the base of a tax; a credit against a tax; a deferral of a
tax; or a preferential tax rate.
Sec.
6. RCW
43.20A.375 and 1988 c 49 s 2 are each amended to read as follows:
The
state advisory committee shall have the following powers and duties:
(1)
To serve in an advisory capacity to the secretary on all matters pertaining to
the department of social and health services.
(2)
To acquaint themselves fully with the operations of the department and
periodically recommend such changes to the secretary as they deem advisable.
(3)
To review and make recommendations as to the continued operation, possible
consolidation, or elimination of department advisory committees including those
required by federal law or specifically created by statute. The review shall
include review of the statement of purpose for each advisory committee and the
time frames during which the committee is accountable to achieve its stated
purposes. ((The state advisory committee shall conduct the review and
report to the appropriate legislative committees no later than January 1, 1989.))
(4)
To encourage public awareness and understanding of the department of social and
health services and the department's programs and services.
(5)
To develop agendas to foster periodic meetings with and communication between
representatives of program-specific advisory committees.
(6)
To encourage each regional advisory committee established under RCW 43.20A.360
to send a representative to regular state advisory committee meetings to foster
communication between the regional advisory committees and: (a) The state
advisory committee, and (b) headquarters of the department.
Sec.
7. RCW
43.20A.870 and 1997 c 386 s 47 are each amended to read as follows:
The
department shall prepare an annual quality assurance report that shall include
but is not limited to: (1) Performance outcomes regarding health and safety of
children in the children's services system; (2) children's length of stay in
out-of-home placement from each date of referral; (3) adherence to permanency
planning timelines; and (4) the response time on child protective services
investigations differentiated by risk level determined at intake. ((The
report shall be provided to the governor and legislature not later than July 1.))
Sec.
8. RCW
43.41.195 and 1994 sp.s. c 7 s 319 are each amended to read as follows:
(1)
The office of financial management, in consultation with affected parties,
shall establish a fund distribution formula for determining allocations to the
community networks authorized under RCW 70.190.130. The formula shall reflect
the local needs assessment for at-risk children and consider:
(a)
The number of arrests and convictions for juvenile violent offenses;
(b)
The number of arrests and convictions for crimes relating to juvenile drug
offenses and alcohol-related offenses;
(c)
The number of teen pregnancies and parents;
(d)
The number of child and teenage suicides and attempted suicides; and
(e)
The high school graduation rate.
(2)
In developing the formula, the office of financial management shall reserve
five percent of the funds for the purpose of rewarding community networks.
(3)
The reserve fund shall be used by the council to reward community networks that
show exceptional reductions in: State-funded out-of-home placements, violent
criminal acts by juveniles, substance abuse, teen pregnancy and male parentage,
teen suicide attempts, or school dropout rates.
(((4)
The office of financial management shall submit the distribution formula to the
family policy council and to the appropriate committees of the legislature by
December 20, 1994.))
Sec.
9. RCW
43.59.150 and 1998 c 165 s 3 are each amended to read as follows:
(1)
The Washington state traffic safety commission shall establish a program for
improving bicycle and pedestrian safety, and shall cooperate with the
stakeholders and independent representatives to form an advisory committee to
develop programs and create public private partnerships which promote bicycle
and pedestrian safety. ((The traffic safety commission shall report and
make recommendations to the legislative transportation committee and the fiscal
committees of the house of representatives and the senate by December 1, 1998,
regarding the conclusions of the advisory committee.))
(2) The bicycle and pedestrian safety account is created in the
state treasury. To the extent that private contributions are received by the
traffic safety commission for the purposes of bicycle and pedestrian safety
programs established under this section, the appropriations from the highway
safety account for this purpose shall lapse.
Sec.
10. RCW
43.88.067 and 1995 c 403 s 905 are each amended to read as follows:
The
office of financial management shall create a report annually ((to
the legislature)) on the amount of fees and other expenses awarded during
the preceding fiscal year pursuant to RCW 4.84.340 through 4.84.360. The
report shall describe the number, nature, and amount of the awards, the claims
involved in the controversy, and other relevant information that may aid the
legislature in evaluating the scope and impact of the awards.
Sec.
11. RCW
43.180.070 and 1983 c 161 s 7 are each amended to read as follows:
The
commission shall adopt a general plan of housing finance objectives to be
implemented by the commission during the period of the plan. The commission
shall adopt a plan no later than December 15, 1983. The commission may
exercise the powers authorized under this chapter prior to the adoption of the
initial plan. In developing the plan, the commission shall consider and set
objectives for:
(1)
The use of funds for single-family and multifamily housing;
(2)
The use of funds for new construction, rehabilitation, including refinancing of
existing debt, and home purchases;
(3)
The housing needs of low-income and moderate-income persons and families, and
of elderly or mentally or physically handicapped persons;
(4)
The use of funds in coordination with federal, state, and local housing
programs for low-income persons;
(5)
The use of funds in urban, rural, suburban, and special areas of the state;
(6)
The use of financing assistance to stabilize and upgrade declining urban
neighborhoods;
(7)
The use of financing assistance for economically depressed areas, areas of
minority concentration, reservations, and in mortgage-deficient areas;
(8)
The geographical distribution of bond proceeds so that the benefits of the
housing programs provided under this chapter will be available to address
demand on a fair basis throughout the state;
(9)
The use of financing assistance for implementation of cost-effective energy
efficiency measures in dwellings.
The
plan shall include an estimate of the amount of bonds the commission will issue
during the term of the plan and how bond proceeds will be expended.
The
plan shall be adopted by resolution of the commission following at least one
public hearing thereon, notice of which shall be made by mailing to the clerk
of the governing body of each county and by publication in the Washington State
Register no more than forty and no less than twenty days prior to the hearing.
A draft of the plan shall be made available not less than thirty days prior to
any such public hearing. At least every two years, the commission shall report
to the legislature regarding implementation of the plan.
((Prior
to December 31, 1983, the commission shall submit the plan to the chief clerk
of the house and secretary of the senate for transmittal to and review by the
appropriate standing committees.)) The commission may periodically update
the plan. ((Proposed changes of the plan shall be submitted to the chief
clerk of the house and secretary of the senate for transmittal to and review by
the appropriate standing committees. This submittal of proposed changes shall
occur at least fourteen days before final adoption of the changes by the
commission.))
The
commission shall adopt rules designed to result in the use of bond proceeds in
a manner consistent with the plan. These rules shall be adopted and in full
force and effect by February 1, 1984. The commission may periodically update
its rules.
The
commission is not required to adopt a plan or rules for the use of the proceeds
of bonds issued prior to February, 1984. This section is designed to deal only
with the use of bond proceeds and nothing in this section shall be construed as
a limitation on the commission's authority to issue bonds.
Sec.
12. RCW
43.200.080 and 1991 sp.s. c 13 s 60 are each amended to read as follows:
The
director of ecology shall, in addition to the powers and duties otherwise
imposed by law, have the following special powers and duties:
(1)
To fulfill the responsibilities of the state under the lease between the state
of Washington and the federal government executed September 10, 1964, covering
one thousand acres of land lying within the Hanford reservation near Richland,
Washington. The department of ecology may sublease to private or public
entities all or a portion of the land for specific purposes or activities which
are determined, after public hearing, to be in agreement with the terms of the
lease and in the best interests of the citizens of the state consistent with
any criteria that may be developed as a requirement by the legislature;
(2)
To assume the responsibilities of the state under the perpetual care agreement
between the state of Washington and the federal government executed July 29,
1965 and the sublease between the state of Washington and the site operator of
the Hanford low-level radioactive waste disposal facility. In order to finance
perpetual surveillance and maintenance under the agreement and ensure site
closure under the sublease, the department of ecology shall impose and collect
fees from parties holding radioactive materials for waste management purposes.
The fees shall be established by rule adopted under chapter 34.05 RCW and shall
be an amount determined by the department of ecology to be necessary to defray
the estimated liability of the state. Such fees shall reflect equity between
the disposal facilities of this and other states. A site closure account and a
perpetual surveillance and maintenance account is hereby created in the state
treasury. The site closure account shall be exclusively available to
reimburse, to the extent that moneys are available in the account, the site
operator for its costs plus a reasonable profit as agreed by the operator and
the state, or to reimburse the state licensing agency and any agencies under
contract to the state licensing agency for their costs in final closure and
decommissioning of the Hanford low-level radioactive waste disposal facility.
If a balance remains in the account after satisfactory performance of closure
and decommissioning, this balance shall be transferred to the perpetual
surveillance and maintenance account. The perpetual surveillance and
maintenance account shall be used exclusively by the state to meet post-closure
surveillance and maintenance costs, or for otherwise satisfying surveillance
and maintenance obligations. Appropriations are required to permit
expenditures and payment of obligations from the site closure account and the
perpetual surveillance and maintenance account. All moneys, including earnings
from the investment of balances in the site closure and the perpetual surveillance
and maintenance account, less the allocation to the state treasurer's service
((account [fund])) fund, pursuant to RCW 43.08.190 accruing under
the authority of this section shall be directed to the site closure account
until December 31, 1992. Thereafter receipts including earnings from the
investment of balances in the site closure and the perpetual surveillance and
maintenance account, less the allocation to the state treasurer's service ((account
[fund])) fund, pursuant to RCW 43.08.190 shall be directed to the
site closure account and the perpetual surveillance and maintenance account as
specified by the department. Additional moneys specifically appropriated by
the legislature or received from any public or private source may be placed in
the site closure account and the perpetual surveillance and maintenance
account;
(3)
To assure maintenance of such insurance coverage by state licensees, lessees,
or sublessees as will adequately, in the opinion of the director, protect the
citizens of the state against nuclear accidents or incidents that may occur on
privately or state-controlled nuclear facilities;
(4)
To institute a user permit system and issue site use permits, consistent with
regulatory practices, for generators, packagers, or brokers using the Hanford
low-level radioactive waste disposal facility. The costs of administering the
user permit system shall be borne by the applicants for site use permits. The
site use permit fee shall be set at a level that is sufficient to fund completely
the executive and legislative participation in activities related to the
Northwest Interstate Compact on Low-Level Radioactive Waste Management;
(5)
To make application for or otherwise pursue any federal funds to which the
state may be eligible, through the federal resource conservation and recovery
act or any other federal programs, for the management, treatment or disposal,
and any remedial actions, of wastes that are both radioactive and hazardous at
all Hanford low-level radioactive waste disposal facilities; and
(6)
To develop contingency plans for duties and options for the department and
other state agencies related to the Hanford low-level radioactive waste
disposal facility based on various projections of annual levels of waste
disposal. These plans shall include an analysis of expected revenue to the
state in various taxes and funds related to low-level radioactive waste
disposal and the resulting implications that any increase or decrease in
revenue may have on state agency duties or responsibilities. The plans shall
be updated annually. ((The department shall report annually on the plans
and on the balances in the site closure and perpetual surveillance accounts to
the energy and utilities committees of the senate and the house of representatives.))
Sec.
13. RCW
47.06B.030 and 1998 c 173 s 3 are each amended to read as follows:
The
council shall:
(1)
Develop standards and strategies for coordinating special needs transportation;
(2)
Identify and develop, fund as resources are made available, and monitor
coordinated transportation pilot projects;
(3)
Disseminate and encourage the widespread implementation of successful
demonstration projects;
(4)
Identify and address barriers to transportation coordination;
(5)
Recommend to the legislature changes in law to assist coordination of
transportation services;
(6)
Act as an information clearinghouse and advocate for coordinated
transportation;
(7)
Petition the office of financial management to make whatever changes are deemed
necessary to identify transportation costs in all executive agency budgets((;
(8)
Report to the legislature by December 1, 1998, on council activities including,
but not limited to, what demonstration projects have been undertaken, how coordination
affected service levels, and whether these efforts produced savings that
allowed expansion of services. Reports must be made once every two years
thereafter, and other times as the council deems necessary)).
Sec.
14. RCW
70.24.107 and 1997 c 345 s 6 are each amended to read as follows:
The department of health and the department of corrections shall
each adopt rules to implement chapter 345, Laws of 1997. ((The department
of health and the department of corrections shall also report to the
legislature by January 1, 1998, on the following: (1) Changes made in rules
and department of corrections and local jail policies and procedures to
implement chapter 345, Laws of 1997; and (2) a summary of the number of times and
the circumstances under which individual corrections staff and jail staff
members were informed that a particular offender or detainee had a sexually
transmitted disease or other communicable disease.)) The department of
health and the department of corrections shall cooperate with local jail
administrators to obtain the information from local jail administrators that is
necessary to comply with this section.
Sec.
15. RCW
75.08.510 and 1998 c 250 s 2 are each amended to read as follows:
The
department shall mark appropriate coho salmon that are released from department
operated hatcheries and rearing ponds in such a manner that the fish are
externally recognizable as hatchery origin salmon by fishers for the purpose of
maximized catch while sustaining wild and hatchery reproduction.
The
department shall mark all appropriate chinook salmon targeted for contribution
to the Washington catch that are released from department operated hatcheries
and rearing ponds in such a manner that the fish are externally recognizable as
hatchery origin salmon by fishers.
The
goal of the marking program is: (1) The annual marking by June 30, 1997, of
all appropriate hatchery origin coho salmon produced by the department with
marking to begin with the 1994 Puget Sound coho brood; and (2) the annual
marking by June 30, 1999, of all appropriate hatchery origin chinook salmon
produced by the department with marking to begin with the 1998 chinook brood.
The department may experiment with different methods for marking hatchery
salmon with the primary objective of maximum survival of hatchery marked fish,
maximum contribution to fisheries, and minimum cost consistent with the other
goals.
The
department shall coordinate with other entities that are producing hatchery
chinook and coho salmon for release into public waters to enable the broadest
application of the marking program to all hatchery produced chinook and coho
salmon. The department shall work with the treaty Indian tribes in order to
reach mutual agreement on the implementation of the mass marking program. ((The
department shall report to the appropriate legislative committees by January 1,
1999, on the progress made in reaching mutual agreement with the treaty Indian
tribes and any Pacific coast state or province to achieve the goal of
coast-wide marking of chinook and coho salmon.)) The ultimate goal of the
program is the coast-wide marking of appropriate hatchery origin chinook and
coho salmon, and the protection of all wild chinook and coho salmon, where
appropriate.
Sec.
16. RCW
80.36.600 and 1998 c 337 s 1 are each amended to read as follows:
(1)
The commission shall plan and prepare to implement a program for the
preservation and advancement of universal telecommunications service which
shall not take effect until the legislature approves the program. The purpose
of the universal service program is to benefit telecommunications ratepayers in
the state by minimizing implicit sources of support and maximizing explicit
sources of support that are specific, sufficient, competitively neutral, and
technologically neutral to support basic telecommunications services for
customers of telecommunications companies in high-cost locations.
(2)
In preparing a universal service program for approval by the legislature, the
commission shall:
(a)
Estimate the cost of supporting all lines located in high-cost locations and
the cost of supporting one primary telecommunications line for each residential
or business customer located in high-cost locations;
(b)
Determine the assessments that must be made on all telecommunications carriers,
and the manner of collection, to provide support for:
(i)
All residential and business lines located in high-cost locations;
(ii)
Only one primary line for each residential or business customer located in
high-cost locations;
(c)
Designate those telecommunications carriers serving high-cost locations that
are eligible to receive support for the benefit of their customers in those
locations;
(d)
Adopt or prepare to adopt all necessary rules for administration of the
program; and
(e)
Provide a schedule of all fees and payments proposed or expected to be proposed
by the commission under subsection (((4))) (3)(d) of this
section.
(3)
((The commission shall report by November 1, 1998, to the legislature on
these steps taken to prepare for implementation and shall inform the
legislature of the estimated cost to support all lines located in high-cost
locations and the estimated cost to support only one primary line for each
residential or business customer located in high-cost locations under a
universal service program.
(4))) Once
a program is approved by the legislature and subsequently established, the
following provisions apply unless otherwise directed by the legislature:
(a)
All transfers of money necessary to provide the support shall be outside the
state treasury and not be subject to appropriation;
(b)
The commission may delegate to the commission secretary or other staff the
authority to resolve disputes or make other decisions necessary to the
administration of the program;
(c)
The commission may contract with an independent program administrator subject
to the direction and control of the commission and may authorize the
establishment of an account or accounts in independent financial institutions
should that be necessary for administration of the program;
(d)
The expenses of an independent program administrator shall be authorized by the
commission and shall be paid out of contributions by the telecommunications
carriers participating in the program;
(e)
The commission may require the carriers participating in the program, as part
of their contribution, to pay into the public service revolving fund the costs
of the commission attributable to supervision and administration of the program
that are not otherwise recovered through fees paid to the commission.
(((5)))
(4) The commission shall establish standards for review or testing of
all telecommunications carriers' compliance with the program for the purpose of
ensuring the support received by a telecommunications carrier is used only for
the purposes of the program and that each telecommunications carrier is making
its proper contribution to the program. The commission may conduct the review
or test, or contract with an independent administrator or other person to
conduct the review or test.
(((6)))
(5) The commission shall coordinate administration of the program with
any federal universal service program and may administer the federal fund in
conjunction with the state program if so authorized by federal law.
(((7)))
(6) The definitions in this subsection apply throughout this section
unless the context clearly requires otherwise.
(a)
"Telecommunications carrier" has the same meaning as defined in 47
U.S.C. Sec. 153(44).
(b)
"Basic telecommunications services" means the following services:
(i)
Single-party service;
(ii)
Voice grade access to the public switched network;
(iii)
Support for local usage;
(iv)
Dual tone multifrequency signaling (touch-tone);
(v)
Access to emergency services (911);
(vi)
Access to operator services;
(vii)
Access to interexchange services;
(viii)
Access to directory assistance; and
(ix)
Toll limitation services.
(c)
"High-cost location" means a location where the cost of providing
telecommunications services is greater than a benchmark established by the
commission by rule.
(((8)))
(7) Each telecommunications carrier that provides intrastate
telecommunications services shall provide whatever information the commission
may reasonably require in order to fulfill the commission's responsibilities
under subsection (2) of this section.
NEW
SECTION. Sec. 17. The
following acts or parts of acts are each repealed:
(1) RCW
48.85.050 and 1995 1st sp.s. c 18 s 80 & 1993 c 492 s 462;
and
(2) RCW
75.46.020 and 1998 c 246 s 3.
