BILL REQ. #: H-1891.1
| State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/17/11.
AN ACT Relating to boards and commissions; amending RCW 72.23.025, 74.39A.095, 74.39A.220, 74.39A.240, 74.39A.250, 74.39A.260, 43.105.340, 67.16.012, 9.95.003, 9.95.005, 9.95.007, 9.95.140, 9.95.280, 9.95.300, 9.96.050, 71.05.385, 72.09.585, 77.12.670, 77.12.690, 77.08.045, 18.200.010, 18.200.050, 18.200.070, 77.12.850, 18.106.110, 49.04.010, 36.93.051, 15.92.090, 43.160.030, 70.94.537, 38.52.040, 70.168.020, 67.17.050, 43.365.030, 41.60.015, 43.20A.685, 79A.30.030, 28A.300.136, 43.46.015, 43.46.081, 43.34.080, 72.09.070, 72.09.090, 72.09.100, 72.09.015, 72.62.020, 72.09.080, 43.31.425, 43.31.422, 18.280.040, 18.140.230, 18.140.010, 18.140.240, 9.94A.860, 18.44.221, 18.44.251, 18.44.195, 18.44.510, 18.44.500, 15.76.170, 15.76.110, 15.76.110, 16.57.015, 16.57.353, 43.03.220, 43.03.230, 43.03.240, 43.03.250, 43.03.265, 43.03.050, and 43.03.060; reenacting and amending RCW 74.39A.270, 41.56.030, 18.44.011, and 28A.290.010; adding a new section to chapter 39.29 RCW; adding a new section to chapter 28A.300 RCW; adding a new section to chapter 43.03 RCW; decodifying RCW 74.39A.290 and 4.24.5502; repealing RCW 79A.25.220, 70.127.041, 74.39A.230, 74.39A.280, 77.12.680, 18.200.060, 28B.10.922, and 77.12.856; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 72.23.025 and 2006 c 333 s 204 are each amended to
read as follows:
(1) It is the intent of the legislature to improve the quality of
service at state hospitals, eliminate overcrowding, and more
specifically define the role of the state hospitals. The legislature
intends that eastern and western state hospitals shall become clinical
centers for handling the most complicated long-term care needs of
patients with a primary diagnosis of mental disorder. To this end, the
legislature intends that funds appropriated for mental health programs,
including funds for regional support networks and the state hospitals
be used for persons with primary diagnosis of mental disorder. The
legislature finds that establishment of ((the eastern state hospital
board, the western state hospital board, and)) institutes for the study
and treatment of mental disorders at both eastern state hospital and
western state hospital will be instrumental in implementing the
legislative intent.
(2)(((a) The eastern state hospital board and the western state
hospital board are each established. Members of the boards shall be
appointed by the governor with the consent of the senate. Each board
shall include:)) (a) There is established at eastern state hospital and
western state hospital, institutes for the study and treatment of
mental disorders. The institutes shall be operated by joint operating
agreements between state colleges and universities and the department
of social and health services. The institutes are intended to conduct
training, research, and clinical program development activities that
will directly benefit ((
(i) The director of the institute for the study and treatment of
mental disorders established at the hospital;
(ii) One family member of a current or recent hospital resident;
(iii) One consumer of services;
(iv) One community mental health service provider;
(v) Two citizens with no financial or professional interest in
mental health services;
(vi) One representative of the regional support network in which
the hospital is located;
(vii) One representative from the staff who is a physician;
(viii) One representative from the nursing staff;
(ix) One representative from the other professional staff;
(x) One representative from the nonprofessional staff; and
(xi) One representative of a minority community.
(b) At least one representative listed in (a)(viii), (ix), or (x)
of this subsection shall be a union member.
(c) Members shall serve four-year terms. Members of the board
shall be reimbursed for travel expenses as provided in RCW 43.03.050
and 43.03.060 and shall receive compensation as provided in RCW
43.03.240.
(3) The boards established under this section shall:
(a) Monitor the operation and activities of the hospital;
(b) Review and advise on the hospital budget;
(c) Make recommendations to the governor and the legislature for
improving the quality of service provided by the hospital;
(d) Monitor and review the activities of the hospital in
implementing the intent of the legislature set forth in this section;
and
(e) Consult with the secretary regarding persons the secretary may
select as the superintendent of the hospital whenever a vacancy occurs.
(4)mentally ill)) persons with mental illness who
are receiving treatment in Washington state by performing the following
activities:
(i) Promote recruitment and retention of highly qualified
professionals at the state hospitals and community mental health
programs;
(ii) Improve clinical care by exploring new, innovative, and
scientifically based treatment models for persons presenting
particularly difficult and complicated clinical syndromes;
(iii) Provide expanded training opportunities for existing staff at
the state hospitals and community mental health programs;
(iv) Promote bilateral understanding of treatment orientation,
possibilities, and challenges between state hospital professionals and
community mental health professionals.
(b) To accomplish these purposes the institutes may, within funds
appropriated for this purpose:
(i) Enter joint operating agreements with state universities or
other institutions of higher education to accomplish the placement and
training of students and faculty in psychiatry, psychology, social
work, occupational therapy, nursing, and other relevant professions at
the state hospitals and community mental health programs;
(ii) Design and implement clinical research projects to improve the
quality and effectiveness of state hospital services and operations;
(iii) Enter into agreements with community mental health service
providers to accomplish the exchange of professional staff between the
state hospitals and community mental health service providers;
(iv) Establish a student loan forgiveness and conditional
scholarship program to retain qualified professionals at the state
hospitals and community mental health providers when the secretary has
determined a shortage of such professionals exists.
(c) Notwithstanding any other provisions of law to the contrary,
the institutes may enter into agreements with the department or the
state hospitals which may involve changes in staffing necessary to
implement improved patient care programs contemplated by this section.
(d) The institutes are authorized to seek and accept public or
private gifts, grants, contracts, or donations to accomplish their
purposes under this section.
NEW SECTION. Sec. 2 RCW 79A.25.220 (Firearms range advisory
committee) and 2007 c 241 s 55, 1993 sp.s. c 2 s 71, & 1990 c 195 s 3
are each repealed.
NEW SECTION. Sec. 3 The following acts or parts of acts are each
repealed:
(1) RCW 70.127.041 (Home care quality authority not subject to
regulation) and 2002 c 3 s 13;
(2) RCW 74.39A.230 (Authority created) and 2002 c 3 s 2; and
(3) RCW 74.39A.280 (Powers) and 2002 c 3 s 7.
NEW SECTION. Sec. 4 RCW 74.39A.290 is decodified.
Sec. 5 RCW 74.39A.095 and 2009 c 580 s 8 are each amended to read
as follows:
(1) In carrying out case management responsibilities established
under RCW 74.39A.090 for consumers who are receiving services under the
medicaid personal care, community options programs entry system or
chore services program through an individual provider, each area agency
on aging shall provide oversight of the care being provided to
consumers receiving services under this section to the extent of
available funding. Case management responsibilities incorporate this
oversight, and include, but are not limited to:
(a) Verification that any individual provider ((who has not been
referred to a consumer by the authority)) has met any training
requirements established by the department;
(b) Verification of a sample of worker time sheets;
(c) Monitoring the consumer's plan of care to verify that it
adequately meets the needs of the consumer, through activities such as
home visits, telephone contacts, and responses to information received
by the area agency on aging indicating that a consumer may be
experiencing problems relating to his or her home care;
(d) Reassessing and reauthorizing services;
(e) Monitoring of individual provider performance((. If, in the
course of its case management activities, the area agency on aging
identifies concerns regarding the care being provided by an individual
provider who was referred by the authority, the area agency on aging
must notify the authority regarding its concerns)); and
(f) Conducting criminal background checks or verifying that
criminal background checks have been conducted for any individual
provider ((who has not been referred to a consumer by the authority)).
Individual providers who are hired after January 1, 2012, are subject
to background checks under RCW 74.39A.055.
(2) The area agency on aging case manager shall work with each
consumer to develop a plan of care under this section that identifies
and ensures coordination of health and long-term care services that
meet the consumer's needs. In developing the plan, they shall utilize,
and modify as needed, any comprehensive community service plan
developed by the department as provided in RCW 74.39A.040. The plan of
care shall include, at a minimum:
(a) The name and telephone number of the consumer's area agency on
aging case manager, and a statement as to how the case manager can be
contacted about any concerns related to the consumer's well-being or
the adequacy of care provided;
(b) The name and telephone numbers of the consumer's primary health
care provider, and other health or long-term care providers with whom
the consumer has frequent contacts;
(c) A clear description of the roles and responsibilities of the
area agency on aging case manager and the consumer receiving services
under this section;
(d) The duties and tasks to be performed by the area agency on
aging case manager and the consumer receiving services under this
section;
(e) The type of in-home services authorized, and the number of
hours of services to be provided;
(f) The terms of compensation of the individual provider;
(g) A statement by the individual provider that he or she has the
ability and willingness to carry out his or her responsibilities
relative to the plan of care; and
(h)(i) Except as provided in (h)(ii) of this subsection, a clear
statement indicating that a consumer receiving services under this
section has the right to waive any of the case management services
offered by the area agency on aging under this section, and a clear
indication of whether the consumer has, in fact, waived any of these
services.
(ii) The consumer's right to waive case management services does
not include the right to waive reassessment or reauthorization of
services, or verification that services are being provided in
accordance with the plan of care.
(3) Each area agency on aging shall retain a record of each waiver
of services included in a plan of care under this section.
(4) Each consumer has the right to direct and participate in the
development of their plan of care to the maximum practicable extent of
their abilities and desires, and to be provided with the time and
support necessary to facilitate that participation.
(5) A copy of the plan of care must be distributed to the
consumer's primary care provider, individual provider, and other
relevant providers with whom the consumer has frequent contact, as
authorized by the consumer.
(6) The consumer's plan of care shall be an attachment to the
contract between the department, or their designee, and the individual
provider.
(7) If the department or area agency on aging case manager finds
that an individual provider's inadequate performance or inability to
deliver quality care is jeopardizing the health, safety, or well-being
of a consumer receiving service under this section, the department or
the area agency on aging may take action to terminate the contract
between the department and the individual provider. If the department
or the area agency on aging has a reasonable, good faith belief that
the health, safety, or well-being of a consumer is in imminent
jeopardy, the department or area agency on aging may summarily suspend
the contract pending a fair hearing. The consumer may request a fair
hearing to contest the planned action of the case manager, as provided
in chapter 34.05 RCW. ((When the department or area agency on aging
terminates or summarily suspends a contract under this subsection, it
must provide oral and written notice of the action taken to the
authority.)) The department may by rule adopt guidelines for
implementing this subsection.
(8) The department or area agency on aging may reject a request by
a consumer receiving services under this section to have a family
member or other person serve as his or her individual provider if the
case manager has a reasonable, good faith belief that the family member
or other person will be unable to appropriately meet the care needs of
the consumer. The consumer may request a fair hearing to contest the
decision of the case manager, as provided in chapter 34.05 RCW. The
department may by rule adopt guidelines for implementing this
subsection.
Sec. 6 RCW 74.39A.220 and 2002 c 3 s 1 are each amended to read
as follows:
The people of the state of Washington find as follows:
(1) Thousands of Washington seniors and persons with disabilities
live independently in their own homes, which they prefer and is less
costly than institutional care such as nursing homes.
(2) Many Washington seniors and persons with disabilities currently
receive long-term in-home care services from individual providers hired
directly by them under the medicaid personal care, community options
programs entry system, or chore services program.
(3) Quality long-term in-home care services allow Washington
seniors, persons with disabilities, and their families the choice of
allowing seniors and persons with disabilities to remain in their
homes, rather than forcing them into institutional care such as nursing
homes. Long-term in-home care services are also less costly, saving
Washington taxpayers significant amounts through lower reimbursement
rates.
(((4) The quality of long-term in-home care services in Washington
would benefit from improved regulation, higher standards, better
accountability, and improved access to such services. The quality of
long-term in-home care services would further be improved by a well-trained, stable individual provider workforce earning reasonable wages
and benefits.))
(5) Washington seniors and persons with disabilities would benefit
from the establishment of an authority that has the power and duty to
regulate and improve the quality of long-term in-home care services.
(6) The authority should ensure that the quality of long-term in-home care services provided by individual providers is improved through
better regulation, higher standards, increased accountability, and the
enhanced ability to obtain services. The authority should also
encourage stability in the individual provider workforce through
collective bargaining and by providing training opportunities.
Sec. 7 RCW 74.39A.240 and 2002 c 3 s 3 are each amended to read
as follows:
The definitions in this section apply throughout RCW 74.39A.030 and
74.39A.095 and 74.39A.220 through 74.39A.300, and 41.56.026((,
70.127.041, and 74.09.740)) unless the context clearly requires
otherwise.
(1) (("Authority" means the home care quality authority.)) "Consumer" means a person to whom an individual provider
provides any such services.
(2) "Board" means the board created under RCW 74.39A.230.
(3)
(((4))) (2) "Department" means the department of social and health
services.
(3) "Individual provider" means a person, including a personal
aide, who has contracted with the department to provide personal care
or respite care services to functionally disabled persons under the
medicaid personal care, community options program entry system, chore
services program, or respite care program, or to provide respite care
or residential services and support to persons with developmental
disabilities under chapter 71A.12 RCW, or to provide respite care as
defined in RCW 74.13.270.
Sec. 8 RCW 74.39A.250 and 2002 c 3 s 4 are each amended to read
as follows:
(1) ((The authority must carry out the following duties:)) The department shall provide assistance to consumers and
prospective consumers in finding individual providers and prospective
individual providers through the establishment of a referral registry
of individual providers and prospective individual providers. Before
placing an individual provider or prospective individual provider on
the referral registry, the ((
(a) Establish qualifications and reasonable standards for
accountability for and investigate the background of individual
providers and prospective individual providers, except in cases where,
after the department has sought approval of any appropriate amendments
or waivers under RCW 74.09.740, federal law or regulation requires that
such qualifications and standards for accountability be established by
another entity in order to preserve eligibility for federal funding.
Qualifications established must include compliance with the minimum
requirements for training and satisfactory criminal background checks
as provided in RCW 74.39A.050 and confirmation that the individual
provider or prospective individual provider is not currently listed on
any long-term care abuse and neglect registry used by the department at
the time of the investigation;
(b) Undertake recruiting activities to identify and recruit
individual providers and prospective individual providers;
(c) Provide training opportunities, either directly or through
contract, for individual providers, prospective individual providers,
consumers, and prospective consumers;
(d)authority)) department shall determine
that:
(((i))) (a) The individual provider or prospective individual
provider has met the minimum requirements for training set forth in RCW
74.39A.050;
(((ii))) (b) The individual provider or prospective individual
provider has satisfactorily undergone a criminal background check
conducted within the prior twelve months; and
(((iii))) (c) The individual provider or prospective individual
provider is not listed on any long-term care abuse and neglect registry
used by the department((;)).
(e) Remove
(2) The department shall remove from the referral registry any
individual provider or prospective individual provider ((the authority
determines)) that does not ((to)) meet the qualifications set forth in
(((d) of this)) subsection (1) of this section or to have committed
misfeasance or malfeasance in the performance of his or her duties as
an individual provider. The individual provider or prospective
individual provider, or the consumer to which the individual provider
is providing services, may request a fair hearing to contest the
removal from the referral registry, as provided in chapter 34.05 RCW((;)).
(f) Provide routine, emergency, and respite referrals of individual
providers and prospective individual providers to consumers and
prospective consumers who are authorized to receive long-term in-home
care services through an individual provider;
(g)
(3) The department shall give preference in the recruiting,
training, referral, and employment of individual providers and
prospective individual providers to recipients of public assistance or
other low-income persons who would qualify for public assistance in the
absence of such employment((; and)).
(h) Cooperate with the department, area agencies on aging, and
other federal, state, and local agencies to provide the services
described and set forth in this section. If, in the course of carrying
out its duties, the authority identifies concerns regarding the
services being provided by an individual provider, the authority must
notify the relevant area agency or department case manager regarding
such concerns.
(2) In determining how best to carry out its duties, the authority
must identify existing individual provider recruitment, training, and
referral resources made available to consumers by other state and local
public, private, and nonprofit agencies. The authority may coordinate
with the agencies to provide a local presence for the authority and to
provide consumers greater access to individual provider recruitment,
training, and referral resources in a cost-effective manner. Using
requests for proposals or similar processes, the authority may contract
with the agencies to provide recruitment, training, and referral
services if the authority determines the agencies can provide the
services according to reasonable standards of performance determined by
the authority. The authority must provide an opportunity for consumer
participation in the determination of the standards
Sec. 9 RCW 74.39A.260 and 2009 c 580 s 9 are each amended to read
as follows:
The department must perform criminal background checks for
individual providers and prospective individual providers ((and ensure
that the authority has ready access to any long-term care abuse and
neglect registry used by the department)). Individual providers who
are hired after January 1, 2012, are subject to background checks under
RCW 74.39A.055.
Sec. 10 RCW 74.39A.270 and 2007 c 361 s 7 and 2007 c 278 s 3 are
each reenacted and amended to read as follows:
(1) Solely for the purposes of collective bargaining and as
expressly limited under subsections (2) and (3) of this section, the
governor is the public employer, as defined in chapter 41.56 RCW, of
individual providers, who, solely for the purposes of collective
bargaining, are public employees as defined in chapter 41.56 RCW. To
accommodate the role of the state as payor for the community-based
services provided under this chapter and to ensure coordination with
state employee collective bargaining under chapter 41.80 RCW and the
coordination necessary to implement RCW 74.39A.300, the public employer
shall be represented for bargaining purposes by the governor or the
governor's designee appointed under chapter 41.80 RCW. The governor or
governor's designee shall periodically consult with the authority
during the collective bargaining process to allow the authority to
communicate issues relating to the long-term in-home care services
received by consumers. ((The governor or the governor's designee shall
consult the authority on all issues for which the exclusive bargaining
representative requests to engage in collective bargaining under
subsections (6) and (7) of this section.)) The ((authority))
department shall ((work with)) solicit input from the developmental
disabilities council, the governor's committee on disability issues and
employment, the state council on aging, and other consumer advocacy
organizations to obtain informed input from consumers on their
interests, including impacts on consumer choice, for all issues
proposed for collective bargaining under subsections (5) and (6) ((and
(7))) of this section.
(2) Chapter 41.56 RCW governs the collective bargaining
relationship between the governor and individual providers, except as
otherwise expressly provided in this chapter and except as follows:
(a) The only unit appropriate for the purpose of collective
bargaining under RCW 41.56.060 is a statewide unit of all individual
providers;
(b) The showing of interest required to request an election under
RCW 41.56.060 is ten percent of the unit, and any intervener seeking to
appear on the ballot must make the same showing of interest;
(c) The mediation and interest arbitration provisions of RCW
41.56.430 through 41.56.470 and 41.56.480 apply, except that:
(i) With respect to commencement of negotiations between the
governor and the bargaining representative of individual providers,
negotiations shall be commenced by May 1st of any year prior to the
year in which an existing collective bargaining agreement expires; and
(ii) The decision of the arbitration panel is not binding on the
legislature and, if the legislature does not approve the request for
funds necessary to implement the compensation and fringe benefit
provisions of the arbitrated collective bargaining agreement, is not
binding on the authority or the state;
(d) Individual providers do not have the right to strike; and
(e) Individual providers who are related to, or family members of,
consumers or prospective consumers are not, for that reason, exempt
from this chapter or chapter 41.56 RCW.
(3) Individual providers who are public employees solely for the
purposes of collective bargaining under subsection (1) of this section
are not, for that reason, employees of the state, its political
subdivisions, or an area agency on aging for any purpose. Chapter
41.56 RCW applies only to the governance of the collective bargaining
relationship between the employer and individual providers as provided
in subsections (1) and (2) of this section.
(4) Consumers and prospective consumers retain the right to select,
hire, supervise the work of, and terminate any individual provider
providing services to them. Consumers may elect to receive long-term
in-home care services from individual providers who are not referred to
them by the authority.
(5) ((In implementing and administering this chapter, neither the
authority nor any of its contractors may reduce or increase the hours
of service for any consumer below or above the amount determined to be
necessary under any assessment prepared by the department or an area
agency on aging.)) Except as expressly limited in this section and RCW
74.39A.300, the wages, hours, and working conditions of individual
providers are determined solely through collective bargaining as
provided in this chapter. No agency or department of the state may
establish policies or rules governing the wages or hours of individual
providers. However, this subsection does not modify:
(6)
(a) The department's authority to establish a plan of care for each
consumer or its core responsibility to manage long-term in-home care
services under this chapter, including determination of the level of
care that each consumer is eligible to receive. However, at the
request of the exclusive bargaining representative, the governor or the
governor's designee appointed under chapter 41.80 RCW shall engage in
collective bargaining, as defined in RCW 41.56.030(4), with the
exclusive bargaining representative over how the department's core
responsibility affects hours of work for individual providers. This
subsection shall not be interpreted to require collective bargaining
over an individual consumer's plan of care;
(b) The department's authority to terminate its contracts with
individual providers who are not adequately meeting the needs of a
particular consumer, or to deny a contract under RCW 74.39A.095(8);
(c) The consumer's right to assign hours to one or more individual
providers selected by the consumer within the maximum hours determined
by his or her plan of care;
(d) The consumer's right to select, hire, terminate, supervise the
work of, and determine the conditions of employment for each individual
provider providing services to the consumer under this chapter;
(e) The department's obligation to comply with the federal medicaid
statute and regulations and the terms of any community-based waiver
granted by the federal department of health and human services and to
ensure federal financial participation in the provision of the
services; and
(f) The legislature's right to make programmatic modifications to
the delivery of state services under this title, including standards of
eligibility of consumers and individual providers participating in the
programs under this title, and the nature of services provided. The
governor shall not enter into, extend, or renew any agreement under
this chapter that does not expressly reserve the legislative rights
described in this subsection (((6))) (5)(f).
(((7))) (6) At the request of the exclusive bargaining
representative, the governor or the governor's designee appointed under
chapter 41.80 RCW shall engage in collective bargaining, as defined in
RCW 41.56.030(4), with the exclusive bargaining representative over
employer contributions to the training partnership for the costs of:
(a) Meeting all training and peer mentoring required under this
chapter; and (b) other training intended to promote the career
development of individual providers.
(((8)(a))) (7) The state, the department, ((the authority,)) the
area agencies on aging, or their contractors under this chapter may not
be held vicariously or jointly liable for the action or inaction of any
individual provider or prospective individual provider, whether or not
that individual provider or prospective individual provider was
included on the ((authority's)) referral registry or referred to a
consumer or prospective consumer. The existence of a collective
bargaining agreement, the placement of an individual provider on the
referral registry, or the development or approval of a plan of care for
a consumer who chooses to use the services of an individual provider
and the provision of case management services to that consumer, by the
department or an area agency on aging, does not constitute a special
relationship with the consumer.
(((b) The members of the board are immune from any liability
resulting from implementation of this chapter.)) (8) Nothing in this section affects the state's
responsibility with respect to unemployment insurance for individual
providers. However, individual providers are not to be considered, as
a result of the state assuming this responsibility, employees of the
state.
(9)
Sec. 11 RCW 41.56.030 and 2010 c 296 s 3 are each reenacted and
amended to read as follows:
As used in this chapter:
(1) "Adult family home provider" means a provider as defined in RCW
70.128.010 who receives payments from the medicaid and state-funded
long-term care programs.
(2) "Bargaining representative" means any lawful organization which
has as one of its primary purposes the representation of employees in
their employment relations with employers.
(3) "Child care subsidy" means a payment from the state through a
child care subsidy program established pursuant to RCW 74.12.340 or
74.08A.340, 45 C.F.R. Sec. 98.1 through 98.17, or any successor
program.
(4) "Collective bargaining" means the performance of the mutual
obligations of the public employer and the exclusive bargaining
representative to meet at reasonable times, to confer and negotiate in
good faith, and to execute a written agreement with respect to
grievance procedures and collective negotiations on personnel matters,
including wages, hours and working conditions, which may be peculiar to
an appropriate bargaining unit of such public employer, except that by
such obligation neither party shall be compelled to agree to a proposal
or be required to make a concession unless otherwise provided in this
chapter.
(5) "Commission" means the public employment relations commission.
(6) "Executive director" means the executive director of the
commission.
(7) "Family child care provider" means a person who: (a) Provides
regularly scheduled care for a child or children in the home of the
provider or in the home of the child or children for periods of less
than twenty-four hours or, if necessary due to the nature of the
parent's work, for periods equal to or greater than twenty-four hours;
(b) receives child care subsidies; and (c) is either licensed by the
state under RCW 74.15.030 or is exempt from licensing under chapter
74.15 RCW.
(8) (("Home care quality authority" means the authority under
chapter 74.39A RCW.)) "Individual provider" means an individual provider as defined
in RCW 74.39A.240(4) who, solely for the purposes of collective
bargaining, is a public employee as provided in RCW 74.39A.270.
(9)
(((10))) (9) "Institution of higher education" means the University
of Washington, Washington State University, Central Washington
University, Eastern Washington University, Western Washington
University, The Evergreen State College, and the various state
community colleges.
(((11))) (10)(a) "Language access provider" means any independent
contractor who provides spoken language interpreter services for
department of social and health services appointments or medicaid
enrollee appointments, or provided these services on or after January
1, 2009, and before June 10, 2010, whether paid by a broker, language
access agency, or the department.
(b) "Language access provider" does not mean an owner, manager, or
employee of a broker or a language access agency.
(((12))) (11) "Public employee" means any employee of a public
employer except any person (a) elected by popular vote, or (b)
appointed to office pursuant to statute, ordinance or resolution for a
specified term of office as a member of a multimember board,
commission, or committee, whether appointed by the executive head or
body of the public employer, or (c) whose duties as deputy,
administrative assistant or secretary necessarily imply a confidential
relationship to (i) the executive head or body of the applicable
bargaining unit, or (ii) any person elected by popular vote, or (iii)
any person appointed to office pursuant to statute, ordinance or
resolution for a specified term of office as a member of a multimember
board, commission, or committee, whether appointed by the executive
head or body of the public employer, or (d) who is a court commissioner
or a court magistrate of superior court, district court, or a
department of a district court organized under chapter 3.46 RCW, or (e)
who is a personal assistant to a district court judge, superior court
judge, or court commissioner. For the purpose of (e) of this
subsection, no more than one assistant for each judge or commissioner
may be excluded from a bargaining unit.
(((13))) (12) "Public employer" means any officer, board,
commission, council, or other person or body acting on behalf of any
public body governed by this chapter, or any subdivision of such public
body. For the purposes of this section, the public employer of
district court or superior court employees for wage-related matters is
the respective county legislative authority, or person or body acting
on behalf of the legislative authority, and the public employer for
nonwage-related matters is the judge or judge's designee of the
respective district court or superior court.
(((14))) (13) "Uniformed personnel" means: (a) Law enforcement
officers as defined in RCW 41.26.030 employed by the governing body of
any city or town with a population of two thousand five hundred or more
and law enforcement officers employed by the governing body of any
county with a population of ten thousand or more; (b) correctional
employees who are uniformed and nonuniformed, commissioned and
noncommissioned security personnel employed in a jail as defined in RCW
70.48.020(9), by a county with a population of seventy thousand or
more, and who are trained for and charged with the responsibility of
controlling and maintaining custody of inmates in the jail and
safeguarding inmates from other inmates; (c) general authority
Washington peace officers as defined in RCW 10.93.020 employed by a
port district in a county with a population of one million or more; (d)
security forces established under RCW 43.52.520; (e) firefighters as
that term is defined in RCW 41.26.030; (f) employees of a port district
in a county with a population of one million or more whose duties
include crash fire rescue or other firefighting duties; (g) employees
of fire departments of public employers who dispatch exclusively either
fire or emergency medical services, or both; or (h) employees in the
several classes of advanced life support technicians, as defined in RCW
18.71.200, who are employed by a public employer.
Sec. 12 RCW 43.105.340 and 2008 c 151 s 2 are each amended to
read as follows:
(1) The department shall coordinate among state agencies to develop
a consumer protection web site. The web site shall serve as a one-stop
web site for consumer information. At a minimum, the web site must
provide links to information on:
(a) Insurance information provided by the office of the insurance
commissioner, including information on how to file consumer complaints
against insurance companies, how to look up authorized insurers, and
how to learn more about health insurance benefits;
(b) Child care information provided by the department of early
learning, including how to select a child care provider, how child care
providers are rated, and information about product recalls;
(c) Financial information provided by the department of financial
institutions, including consumer information on financial fraud,
investing, credit, and enforcement actions;
(d) Health care information provided by the department of health,
including health care provider listings and quality assurance
information;
(e) ((Home care information provided by the home care quality
authority, including information to assist consumers in finding an in-home provider;)) Licensing information provided by the department of
licensing, including information regarding business, vehicle, and
professional licensing; and
(f)
(((g))) (f) Other information available on existing state agency
web sites that could be a helpful resource for consumers.
(2) By July 1, 2008, state agencies shall report to the department
on whether they maintain resources for consumers that could be made
available through the consumer protection web site.
(3) By September 1, 2008, the department shall make the consumer
protection web site available to the public.
(4) After September 1, 2008, the department, in coordination with
other state agencies, shall develop a plan on how to build upon the
consumer protection web site to create a consumer protection portal.
The plan must also include an examination of the feasibility of
developing a toll-free information line to support the consumer
protection portal. The plan must be submitted to the governor and the
appropriate committees of the legislature by December 1, 2008.
Sec. 13 RCW 67.16.012 and 1998 c 345 s 4 are each amended to read
as follows:
There is hereby created the Washington horse racing commission, to
consist of ((five)) three commissioners, appointed by the governor and
confirmed by the senate. The commissioners shall be citizens,
residents, and qualified electors of the state of Washington, one of
whom shall be a breeder of race horses and shall be of at least one
year's standing. The terms of the members shall be six years. Each
member shall hold office until his or her successor is appointed and
qualified. Vacancies in the office of commissioner shall be filled by
appointment to be made by the governor for the unexpired term. Any
commissioner may be removed at any time at the pleasure of the
governor. Before entering upon the duties of his or her office, each
commissioner shall enter into a surety company bond, to be approved by
the governor and attorney general, payable to the state of Washington,
in the penal sum of five thousand dollars, conditioned upon the
faithful performance of his or her duties and the correct accounting
and payment of all sums received and coming within his or her control
under this chapter, and in addition thereto each commissioner shall
take and subscribe to an oath of office of the same form as that
prescribed by law for elective state officers.
Sec. 14 RCW 9.95.003 and 2007 c 362 s 1 are each amended to read
as follows:
The board is created within the department. The board shall
consist of a ((chairman)) chair and four other members, each of whom
shall be appointed by the ((governor with the consent of the senate))
secretary. Each member shall hold office for a term of five years, and
until his or her successor is appointed and qualified. The terms shall
expire on April 15th of the expiration year. Vacancies in the
membership of the board shall be filled by appointment by the
((governor with the consent of the senate)) secretary. In the event of
the inability of any member to act, the ((governor)) secretary shall
appoint some competent person to act in his stead during the
continuance of such inability. The members shall not be removable
during their respective terms except for cause determined by the
superior court of Thurston county. The ((governor)) secretary in
appointing the members shall designate one of them to serve as
((chairman)) chair at the ((governor's)) secretary's pleasure. The
appointed ((chairman)) chair shall serve as a fully participating board
member ((and as the director of the agency)).
The members of the board and ((its officers and employees)) staff
assigned to the board shall not engage in any other business or
profession or hold any other public office without the prior approval
of the executive ethics board indicating compliance with RCW 42.52.020,
42.52.030, 42.52.040 and 42.52.120; nor shall they, at the time of
appointment or employment or during their incumbency, serve as the
representative of any political party on an executive committee or
other governing body thereof, or as an executive officer or employee of
any political committee or association. The members of the board shall
each severally receive salaries ((fixed by the governor)) in accordance
with the provisions of RCW 43.03.040, and in addition shall receive
travel expenses incurred in the discharge of their official duties in
accordance with RCW 43.03.050 and 43.03.060. Members of the board and
employees assigned to the board shall be employees of the department.
The ((board)) secretary may employ((, and fix, with the approval of
the governor, the compensation of and prescribe the duties of)) a
senior administrative officer and such ((officers, employees, and
assistants)) other personnel as may be necessary((, and provide
necessary quarters, supplies, and equipment)) to carry out the duties
of the board.
Sec. 15 RCW 9.95.005 and 2001 2nd sp.s. c 12 s 318 are each
amended to read as follows:
The board shall meet at major state correctional institutions at
such times as may be necessary for a full and complete study of the
cases of all convicted persons whose durations of confinement are to be
determined by it; whose community custody supervision is under the
board's authority; or whose applications for parole come before it.
Other times and places of meetings may also be fixed by the board.
The superintendents of the different institutions shall provide
suitable quarters for the board ((and assistants)) while in the
discharge of their duties.
Sec. 16 RCW 9.95.007 and 1986 c 224 s 5 are each amended to read
as follows:
The board may meet and transact business in panels. Each board
panel shall consist of at least two members of the board. In all
matters concerning the internal affairs of the board and policy-making
decisions, a majority of the full board must concur in such matters.
The ((chairman)) chair of the board with the consent of a majority of
the board may designate any two members to exercise all the powers and
duties of the board in connection with any hearing before the board.
If the two members so designated cannot unanimously agree as to the
disposition of the hearing assigned to them, such hearing shall be
reheard by the full board. All actions of the full board shall be by
concurrence of a majority of the sitting board members.
Sec. 17 RCW 9.95.140 and 2009 c 28 s 29 are each amended to read
as follows:
(1) The board shall cause a complete record to be kept of every
prisoner under the jurisdiction of the board released on parole or
community custody. Such records shall be organized in accordance with
the most modern methods of filing and indexing so that there will be
always immediately available complete information about each such
prisoner. Subject to information sharing provisions related to
((mentally ill)) offenders((,)) with mental illness and the end of
sentence review committee, ((and the department of corrections,)) the
board may make rules as to the privacy of such records and their use by
others than the board and ((its)) the department staff assigned to
perform board-related duties. Sex offenders convicted of crimes
committed before July 1, 1984, who are under the board's jurisdiction
shall be subject to the determinations of the end of sentence review
committee regarding risk level and subject to sex offender registration
and community notification. The board and the department staff
assigned to perform board-related duties shall be immune from liability
for the release of information concerning sex offenders as provided in
RCW 4.24.550.
The superintendents of state correctional facilities and all
officers and employees thereof and all other public officials shall at
all times cooperate with the board and furnish to the board((, its
officers, and employees)) and staff assigned to perform board-related
duties such information as may be necessary to enable it to perform its
functions, and such superintendents and other employees shall at all
times give the members of the board((, its officers, and employees))
and staff assigned to perform board-related duties free access to all
prisoners confined in the state correctional facilities.
(2) Offenders sentenced under RCW 9.94A.507 shall be subject to the
determinations of the end of sentence review committee regarding risk
level and subject to sex offender registration and community
notification.
(3) The end of sentence review committee shall make law enforcement
notifications for offenders under board jurisdiction on the same basis
that it notifies law enforcement regarding offenders sentenced under
chapter 9.94A RCW for crimes committed after July 1, 1984.
Sec. 18 RCW 9.95.280 and 2001 2nd sp.s. c 12 s 344 are each
amended to read as follows:
The secretary, upon recommendation by the board, may deputize any
person (regularly employed by another state) to act as an officer and
agent of this state in effecting the return of any person convicted of
a crime committed before July 1, 1984, who has violated the terms and
conditions of parole or probation as granted by this state. In any
matter relating to the return of such a person, any agent so deputized
shall have all the powers of a police officer of this state.
Sec. 19 RCW 9.95.300 and 2001 2nd sp.s. c 12 s 346 are each
amended to read as follows:
The secretary, upon recommendation by the board, may enter into
contracts with similar officials of any other state or states for the
purpose of sharing an equitable portion of the cost of effecting the
return of any person who has violated the terms and conditions of
parole, probation, or community custody as granted by this state.
Sec. 20 RCW 9.96.050 and 2009 c 325 s 4 are each amended to read
as follows:
(1)(a) When an offender on parole has performed all obligations of
his or her release, including any and all legal financial obligations,
for such time as shall satisfy the indeterminate sentence review board
that his or her final release is not incompatible with the best
interests of society and the welfare of the paroled individual, the
board may make a final order of discharge and issue a certificate of
discharge to the offender.
(b) The board retains the jurisdiction to issue a certificate of
discharge after the expiration of the offender's or parolee's maximum
statutory sentence. If not earlier granted and any and all legal
financial obligations have been paid, the board shall issue a final
order of discharge three years from the date of parole unless the
parolee is on suspended or revoked status at the expiration of the
three years.
(c) The discharge, regardless of when issued, shall have the effect
of restoring all civil rights not already restored by RCW 29A.08.520,
and the certification of discharge shall so state.
(d) This restoration of civil rights shall not restore the right to
receive, possess, own, or transport firearms.
(e) The board shall issue a certificate of discharge to the
offender in person or by mail to the offender's last known address.
(2) ((The board shall send to the department of corrections)) A
copy of every signed certificate of discharge for offender sentences
under the authority of the department of corrections shall be placed in
the department's files.
(3) The discharge provided for in this section shall be considered
as a part of the sentence of the convicted person and shall not in any
manner be construed as affecting the powers of the governor to pardon
any such person.
Sec. 21 RCW 71.05.385 and 2009 c 320 s 2 are each amended to read
as follows:
(1) A mental health service provider shall release to the persons
authorized under subsection (2) of this section, upon request:
(a) The fact, place, and date of an involuntary commitment, the
fact and date of discharge or release, and the last known address of a
person who has been committed under this chapter.
(b) Information related to mental health services, in the format
determined under subsection (9) of this section, concerning a person
who:
(i) Is currently committed to the custody or supervision of the
department of corrections or the indeterminate sentence review board
under chapter 9.94A or 9.95 RCW;
(ii) Has been convicted or found not guilty by reason of insanity
of a serious violent offense; or
(iii) Was charged with a serious violent offense and such charges
were dismissed under RCW 10.77.086.
Legal counsel may release such information to the persons
authorized under subsection (2) of this section on behalf of the mental
health service provider, provided that nothing in this subsection shall
require the disclosure of attorney work product or attorney-client
privileged information.
(2) The information subject to release under subsection (1) of this
section shall be released to law enforcement officers, personnel of a
county or city jail, designated mental health professionals, public
health officers, therapeutic court personnel, or personnel of the
department of corrections, ((or personnel of)) including the
indeterminate sentence review board and personnel assigned to perform
board-related duties, when such information is requested during the
course of business and for the purpose of carrying out the
responsibilities of the requesting person's office. No mental health
service provider or person employed by a mental health service
provider, or its legal counsel, shall be liable for information
released to or used under the provisions of this section or rules
adopted under this section except under RCW 71.05.440.
(3) A person who requests information under subsection (1)(b) of
this section must comply with the following restrictions:
(a) Information must be requested only for the purposes permitted
by this subsection and for the purpose of carrying out the
responsibilities of the requesting person's office. Appropriate
purposes for requesting information under this section include:
(i) Completing presentence investigations or risk assessment
reports;
(ii) Assessing a person's risk to the community;
(iii) Assessing a person's risk of harm to self or others when
confined in a city or county jail;
(iv) Planning for and provision of supervision of an offender,
including decisions related to sanctions for violations of conditions
of community supervision; and
(v) Responding to an offender's failure to report for department of
corrections supervision.
(b) Information shall not be requested under this section unless
the requesting person has reasonable suspicion that the individual who
is the subject of the information:
(i) Has engaged in activity indicating that a crime or a violation
of community custody or parole has been committed or, based upon his or
her current or recent past behavior, is likely to be committed in the
near future; or
(ii) Is exhibiting signs of a deterioration in mental functioning
which may make the individual appropriate for civil commitment under
this chapter.
(c) Any information received under this section shall be held
confidential and subject to the limitations on disclosure outlined in
this chapter, except:
(i) Such information may be shared with other persons who have the
right to request similar information under subsection (2) of this
section, solely for the purpose of coordinating activities related to
the individual who is the subject of the information in a manner
consistent with the official responsibilities of the persons involved;
(ii) Such information may be shared with a prosecuting attorney
acting in an advisory capacity for a person who receives information
under this section. A prosecuting attorney under this subsection shall
be subject to the same restrictions and confidentiality limitations as
the person who requested the information; and
(iii) As provided in RCW 72.09.585.
(4) A request for information related to mental health services
under this section shall not require the consent of the subject of the
records. Such request shall be provided in writing, except to the
extent authorized in subsection (5) of this section. A written request
may include requests made by e-mail or facsimile so long as the
requesting person is clearly identified. The request must specify the
information being requested.
(5) In the event of an emergency situation that poses a significant
risk to the public or the offender, a mental health service provider,
or its legal counsel, shall release information related to mental
health services delivered to the offender and, if known, information
regarding where the offender is likely to be found to the department of
corrections or law enforcement upon request. The initial request may
be written or oral. All oral requests must be subsequently confirmed
in writing. Information released in response to an oral request is
limited to a statement as to whether the offender is or is not being
treated by the mental health service provider and the address or
information about the location or whereabouts of the offender.
(6) Disclosure under this section to state or local law enforcement
authorities is mandatory for the purposes of the health insurance
portability and accountability act.
(7) Whenever federal law or federal regulations restrict the
release of information contained in the treatment records of any
patient who receives treatment for alcoholism or drug dependency, the
release of the information may be restricted as necessary to comply
with federal law and regulations.
(8) This section does not modify the terms and conditions of
disclosure of information related to sexually transmitted diseases
under chapter 70.24 RCW.
(9) In collaboration with interested organizations, the department
shall develop a standard form for requests for information related to
mental health services made under this section and a standard format
for information provided in response to such requests. Consistent with
the goals of the health information privacy provisions of the federal
health insurance portability and accountability act, in developing the
standard form for responsive information, the department shall design
the form in such a way that the information disclosed is limited to the
minimum necessary to serve the purpose for which the information is
requested.
Sec. 22 RCW 72.09.585 and 2004 c 166 s 5 are each amended to read
as follows:
(1) When the department is determining an offender's risk
management level, the department shall inquire of the offender and
shall be told whether the offender is subject to court-ordered
treatment for mental health services or chemical dependency services.
The department shall request and the offender shall provide an
authorization to release information form that meets applicable state
and federal requirements and shall provide the offender with written
notice that the department will request the offender's mental health
and substance abuse treatment information. An offender's failure to
inform the department of court-ordered treatment is a violation of the
conditions of supervision if the offender is in the community and an
infraction if the offender is in confinement, and the violation or
infraction is subject to sanctions.
(2) When an offender discloses that he or she is subject to court-ordered mental health services or chemical dependency treatment, the
department shall provide the mental health services provider or
chemical dependency treatment provider with a written request for
information and any necessary authorization to release information
forms. The written request shall comply with rules adopted by the
department of social and health services or protocols developed jointly
by the department and the department of social and health services. A
single request shall be valid for the duration of the offender's
supervision in the community. Disclosures of information related to
mental health services made pursuant to a department request shall not
require consent of the offender.
(3) The information received by the department under RCW 71.05.445
or ((71.34.225)) 71.34.345 may be released to the indeterminate
sentence review board as relevant to carry out its responsibility of
planning and ensuring community protection with respect to persons
under its jurisdiction. Further disclosure by the indeterminate
sentence review board is subject to the limitations set forth in
subsections (5) and (6) of this section and must be consistent with the
written policy of the indeterminate sentence review board. The
decision to disclose or not shall not result in civil liability for the
indeterminate sentence review board or ((its employees)) staff assigned
to perform board-related duties provided that the decision was reached
in good faith and without gross negligence.
(4) The information received by the department under RCW 71.05.445
or ((71.34.225)) 71.34.345 may be used to meet the statutory duties of
the department to provide evidence or report to the court. Disclosure
to the public of information provided to the court by the department
related to mental health services shall be limited in accordance with
RCW 9.94A.500 or this section.
(5) The information received by the department under RCW 71.05.445
or ((71.34.225)) 71.34.345 may be disclosed by the department to other
state and local agencies as relevant to plan for and provide offenders
transition, treatment, and supervision services, or as relevant and
necessary to protect the public and counteract the danger created by a
particular offender, and in a manner consistent with the written policy
established by the secretary. The decision to disclose or not shall
not result in civil liability for the department or its employees so
long as the decision was reached in good faith and without gross
negligence. The information received by a state or local agency from
the department shall remain confidential and subject to the limitations
on disclosure set forth in chapters 70.02, 71.05, and 71.34 RCW and,
subject to these limitations, may be released only as relevant and
necessary to counteract the danger created by a particular offender.
(6) The information received by the department under RCW 71.05.445
or ((71.34.225)) 71.34.345 may be disclosed by the department to
individuals only with respect to offenders who have been determined by
the department to have a high risk of reoffending by a risk assessment,
as defined in RCW 9.94A.030, only as relevant and necessary for those
individuals to take reasonable steps for the purpose of self-protection, or as provided in RCW 72.09.370(2). The information may
not be disclosed for the purpose of engaging the public in a system of
supervision, monitoring, and reporting offender behavior to the
department. The department must limit the disclosure of information
related to mental health services to the public to descriptions of an
offender's behavior, risk he or she may present to the community, and
need for mental health treatment, including medications, and shall not
disclose or release to the public copies of treatment documents or
records, except as otherwise provided by law. All disclosure of
information to the public must be done in a manner consistent with the
written policy established by the secretary. The decision to disclose
or not shall not result in civil liability for the department or its
employees so long as the decision was reached in good faith and without
gross negligence. Nothing in this subsection prevents any person from
reporting to law enforcement or the department behavior that he or she
believes creates a public safety risk.
NEW SECTION. Sec. 23 RCW 4.24.5502 is decodified.
NEW SECTION. Sec. 24 RCW 77.12.680 (Migratory waterfowl art
committee -- Membership -- Terms -- Vacancies -- Chairman -- Review of
expenditures -- Compensation) and 1987 c 506 s 54 & 1985 c 243 s 5 are
each repealed.
Sec. 25 RCW 77.12.670 and 2002 c 283 s 2 are each amended to read
as follows:
(1) ((The)) Beginning July 1, 2011, the department, after
soliciting recommendations from the public, shall select the design for
the migratory bird stamp ((to be produced by the department shall use
the design as provided by the migratory waterfowl art committee)).
(2) All revenue derived from the sale of migratory bird license
validations or stamps by the department to any person hunting waterfowl
or to any stamp collector shall be deposited in the state wildlife
((fund)) account and shall be used only for that portion of the cost of
printing and production of the stamps for migratory waterfowl hunters
as determined by subsection (4) of this section, and for those
migratory waterfowl projects specified by the director of the
department for the acquisition and development of migratory waterfowl
habitat in the state and for the enhancement, protection, and
propagation of migratory waterfowl in the state. Migratory bird
license validation and stamp funds may not be used on lands controlled
by private hunting clubs or on private lands that charge a fee for
public access. Migratory bird license validation and stamp funds may
be used for migratory waterfowl projects on private land where public
hunting is provided by written permission or on areas established by
the department as waterfowl hunting closures.
(3) All revenue derived from the sale of the license validation and
stamp by the department to persons hunting solely nonwaterfowl
migratory birds shall be deposited in the state wildlife ((fund))
account and shall be used only for that portion of the cost of printing
and production of the stamps for nonwaterfowl migratory bird hunters as
determined by subsection (4) of this section, and for those
nonwaterfowl migratory bird projects specified by the director for the
acquisition and development of nonwaterfowl migratory bird habitat in
the state and for the enhancement, protection, and propagation of
nonwaterfowl migratory birds in the state.
(4) With regard to the revenue from license validation and stamp
sales that is not the result of sales to stamp collectors, the
department shall determine the proportion of migratory waterfowl
hunters and solely nonwaterfowl migratory bird hunters by using the
yearly migratory bird hunter harvest information program survey results
or, in the event that these results are not available, other similar
survey results. A two-year average of the most recent survey results
shall be used to determine the proportion of the revenue attributed to
migratory waterfowl hunters and the proportion attributed to solely
nonwaterfowl migratory bird hunters for each fiscal year. For fiscal
year 1998-99 and for fiscal year 1999-2000, ninety-six percent of the
stamp revenue shall be attributed to migratory waterfowl hunters and
four percent of the stamp revenue shall be attributed to solely
nonwaterfowl migratory game hunters.
(5) Acquisition shall include but not be limited to the acceptance
of gifts of real estate or any interest therein or the rental, lease,
or purchase of real estate or any interest therein. If the department
acquires any fee interest, leasehold, or rental interest in real
property under this section, it shall allow the general public
reasonable access to that property and shall, if appropriate, ensure
that the deed or other instrument creating the interest allows such
access to the general public. If the department obtains a covenant in
real property in its favor or an easement or any other interest in real
property under this section, it shall exercise its best efforts to
ensure that the deed or other instrument creating the interest grants
to the general public in the form of a covenant running with the land
reasonable access to the property. The private landowner from whom the
department obtains such a covenant or easement shall retain the right
of granting access to the lands by written permission, but may not
charge a fee for access.
(6) The department may produce migratory bird stamps in any given
year in excess of those necessary for sale in that year. The excess
stamps may be sold to the ((migratory waterfowl art committee for sale
to the)) public.
Sec. 26 RCW 77.12.690 and 2009 c 333 s 38 are each amended to
read as follows:
(1) The ((migratory waterfowl art committee)) director is
responsible for the selection of the annual migratory bird stamp design
((and shall provide the design to the department. If the committee
does not perform this duty within the time frame necessary to achieve
proper and timely distribution of the stamps to license dealers, the
director shall initiate the art work selection for that year)). The
((committee)) department shall create collector art prints and related
artwork, utilizing the same design ((as provided to the department)).
The administration, sale, distribution, and other matters relating to
the prints and sales of stamps with prints and related artwork shall be
the responsibility of the ((migratory waterfowl art committee))
department.
(2) The total amount brought in from the sale of prints and related
artwork shall be deposited in the state wildlife account created in RCW
77.12.170. The costs of producing and marketing of prints and related
artwork((, including administrative expenses mutually agreed upon by
the committee and the director,)) shall be paid out of the total amount
brought in from sales of those same items. Net funds derived from the
sale of prints and related artwork shall be used by the director to
contract with one or more appropriate individuals or nonprofit
organizations for the development of waterfowl propagation projects
within Washington which specifically provide waterfowl for the Pacific
flyway. The department shall not contract with any individual or
organization that obtains compensation for allowing waterfowl hunting
except if the individual or organization does not permit hunting for
compensation on the subject property.
((The migratory waterfowl art committee shall have an annual audit
of its finances conducted by the state auditor and shall furnish a copy
of the audit to the commission.))
Sec. 27 RCW 77.08.045 and 1998 c 191 s 31 are each amended to
read as follows:
As used in this title or rules adopted pursuant to this title:
(1) "Migratory waterfowl" means members of the family Anatidae,
including brants, ducks, geese, and swans;
(2) "Migratory bird" means migratory waterfowl and coots, snipe,
doves, and band-tailed pigeon;
(3) "Migratory bird stamp" means the stamp that is required by RCW
77.32.350 to be in the possession of all persons to hunt migratory
birds; and
(4) "Prints and artwork" means replicas of the original stamp
design that are sold to the general public. Prints and artwork are not
to be construed to be the migratory bird stamp that is required by RCW
77.32.350. Artwork may be any facsimile of the original stamp design,
including color renditions, metal duplications, or any other kind of
design((; and)).
(5) "Migratory waterfowl art committee" means the committee created
by RCW 77.12.680. The committee's primary function is to select the
annual migratory bird stamp design
NEW SECTION. Sec. 28 RCW 18.200.060 (Advisory committee--Composition -- Terms -- Duties) and 1997 c 285 s 7 are each repealed.
Sec. 29 RCW 18.200.010 and 1997 c 285 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) (("Advisory committee" means the orthotics and prosthetics
advisory committee.)) "Department" means the department of health.
(2)
(((3))) (2) "Secretary" means the secretary of health or the
secretary's designee.
(((4))) (3) "Orthotics" means the science and practice of
evaluating, measuring, designing, fabricating, assembling, fitting,
adjusting, or servicing, as well as providing the initial training
necessary to accomplish the fitting of, an orthosis for the support,
correction, or alleviation of neuromuscular or musculoskeletal
dysfunction, disease, injury, or deformity. The practice of orthotics
encompasses evaluation, treatment, and consultation. With basic
observational gait and postural analysis, orthotists assess and design
orthoses to maximize function and provide not only the support but the
alignment necessary to either prevent or correct deformity or to
improve the safety and efficiency of mobility or locomotion, or both.
Orthotic practice includes providing continuing patient care in order
to assess its effect on the patient's tissues and to assure proper fit
and function of the orthotic device by periodic evaluation.
(((5))) (4) "Orthotist" means a person licensed to practice
orthotics under this chapter.
(((6))) (5) "Orthosis" means a custom-fabricated, definitive brace
or support that is designed for long-term use. Except for the
treatment of scoliosis, orthosis does not include prefabricated or
direct-formed orthotic devices, as defined in this section, or any of
the following assistive technology devices: Commercially available
knee orthoses used following injury or surgery; spastic muscle tone-inhibiting orthoses; upper extremity adaptive equipment; finger
splints; hand splints; custom-made, leather wrist gauntlets; face masks
used following burns; wheelchair seating that is an integral part of
the wheelchair and not worn by the patient independent of the
wheelchair; fabric or elastic supports; corsets; arch supports, also
known as foot orthotics; low-temperature formed plastic splints;
trusses; elastic hose; canes; crutches; cervical collars; dental
appliances; and other similar devices as determined by the secretary,
such as those commonly carried in stock by a pharmacy, department
store, corset shop, or surgical supply facility. Prefabricated
orthoses, also known as custom-fitted, or off-the-shelf, are devices
that are manufactured as commercially available stock items for no
specific patient. Direct-formed orthoses are devices formed or shaped
during the molding process directly on the patient's body or body
segment. Custom-fabricated orthoses, also known as custom-made
orthoses, are devices designed and fabricated, in turn, from raw
materials for a specific patient and require the generation of an
image, form, or mold that replicates the patient's body or body segment
and, in turn, involves the rectification of dimensions, contours, and
volumes to achieve proper fit, comfort, and function for that specific
patient.
(((7))) (6) "Prosthetics" means the science and practice of
evaluating, measuring, designing, fabricating, assembling, fitting,
aligning, adjusting, or servicing, as well as providing the initial
training necessary to accomplish the fitting of, a prosthesis through
the replacement of external parts of a human body lost due to
amputation or congenital deformities or absences. The practice of
prosthetics also includes the generation of an image, form, or mold
that replicates the patient's body or body segment and that requires
rectification of dimensions, contours, and volumes for use in the
design and fabrication of a socket to accept a residual anatomic limb
to, in turn, create an artificial appendage that is designed either to
support body weight or to improve or restore function or cosmesis, or
both. Involved in the practice of prosthetics is observational gait
analysis and clinical assessment of the requirements necessary to
refine and mechanically fix the relative position of various parts of
the prosthesis to maximize the function, stability, and safety of the
patient. The practice of prosthetics includes providing continuing
patient care in order to assess the prosthetic device's effect on the
patient's tissues and to assure proper fit and function of the
prosthetic device by periodic evaluation.
(((8))) (7) "Prosthetist" means a person who is licensed to
practice prosthetics under this chapter.
(((9))) (8) "Prosthesis" means a definitive artificial limb that is
alignable or articulated, or, in lower extremity applications, capable
of weight bearing. Prosthesis means an artificial medical device that
is not surgically implanted and that is used to replace a missing limb,
appendage, or other external human body part including an artificial
limb, hand, or foot. The term does not include artificial eyes, ears,
fingers or toes, dental appliances, ostomy products, devices such as
artificial breasts, eyelashes, wigs, or other devices as determined by
the secretary that do not have a significant impact on the
musculoskeletal functions of the body. In the lower extremity of the
body, the term prosthesis does not include prostheses required for
amputations distal to and including the transmetatarsal level. In the
upper extremity of the body, the term prosthesis does not include
prostheses that are provided to restore function for amputations distal
to and including the carpal level.
(((10))) (9) "Authorized health care practitioner" means licensed
physicians, physician's assistants, osteopathic physicians,
chiropractors, naturopaths, podiatric physicians and surgeons,
dentists, and advanced registered nurse practitioners.
Sec. 30 RCW 18.200.050 and 1997 c 285 s 6 are each amended to
read as follows:
In addition to other authority provided by law, the secretary has
the authority to:
(1) Adopt rules under chapter 34.05 RCW necessary to implement this
chapter;
(2) Establish administrative procedures, administrative
requirements, and fees in accordance with RCW 43.70.250 and 43.70.280.
All fees collected under this section must be credited to the health
professions account as required under RCW 43.70.320;
(3) Register applicants, issue licenses to applicants who have met
the education, training, and examination requirements for licensure,
and deny licenses to applicants who do not meet the minimum
qualifications, except that proceedings concerning the denial of
credentials based upon unprofessional conduct or impairment are
governed by the uniform disciplinary act, chapter 18.130 RCW;
(4) Hire clerical, administrative, investigative, and other staff
as needed to implement this chapter and hire individuals licensed under
this chapter to serve as examiners for any practical examinations;
(5) Determine minimum education requirements and evaluate and
designate those educational programs from which graduation will be
accepted as proof of eligibility to take a qualifying examination for
applicants for licensure;
(6) Establish the standards and procedures for revocation of
approval of education programs;
(7) Utilize or contract with individuals or organizations having
expertise in the profession or in education to assist in the
evaluations;
(8) Prepare and administer, or approve the preparation and
administration of, examinations for applicants for licensure;
(9) Determine whether alternative methods of training are
equivalent to formal education, and establish forms, procedures, and
criteria for evaluation of an applicant's alternative training to
determine the applicant's eligibility to take any qualifying
examination;
(10) Determine which jurisdictions have licensing requirements
equivalent to those of this state and issue licenses without
examinations to individuals licensed in those jurisdictions;
(11) Define and approve any experience requirement for licensing;
(12) Implement and administer a program for consumer education;
(13) Adopt rules implementing continuing competency requirements
for renewal of the license and relicensing;
(14) Maintain the official department records of all applicants and
licensees;
(15) Establish by rule the procedures for an appeal of an
examination failure;
(16) Establish requirements and procedures for an inactive license;
and
(17) ((With the advice of the advisory committee, the secretary
may)) Recommend collaboration with health professions, boards, and
commissions to develop appropriate referral protocols.
Sec. 31 RCW 18.200.070 and 1997 c 285 s 8 are each amended to
read as follows:
(1) An applicant must file a written application on forms provided
by the department showing to the satisfaction of the secretary((, in
consultation with the advisory committee,)) that the applicant meets
the following requirements:
(a) The applicant possesses a baccalaureate degree with coursework
appropriate for the profession approved by the secretary, or possesses
equivalent training as determined by the secretary pursuant to
subsections (3) and (5) of this section;
(b) The applicant has the amount of formal training, including the
hours of classroom education and clinical practice, in areas of study
as the secretary deems necessary and appropriate;
(c) The applicant has completed a clinical internship or residency
in the professional area for which a license is sought in accordance
with the standards, guidelines, or procedures for clinical internships
or residencies inside or outside the state as established by the
secretary, or that are otherwise substantially equivalent to the
standards commonly accepted in the fields of orthotics and prosthetics
as determined by the secretary pursuant to subsections (3) and (5) of
this section. The secretary must set the internship as at least one
year.
(2) An applicant for licensure as either an orthotist or
prosthetist must pass all written and practical examinations that are
required and approved by the secretary ((in consultation with the
advisory committee)).
(3) The standards and requirements for licensure established by the
secretary must be substantially equal to the standards commonly
accepted in the fields of orthotics and prosthetics.
(4) An applicant failing to make the required grade in the first
examination may take up to three subsequent examinations as the
applicant desires upon prepaying a fee, determined by the secretary
under RCW 43.70.250, for each subsequent examination. Upon failing
four examinations, the secretary may invalidate the original
application and require remedial education before the person may take
future examinations.
(5) The secretary may waive some of the education, examination, or
experience requirements of this section if the secretary determines
that the applicant meets alternative standards, established by the
secretary through rule, that are substantially equivalent to the
requirements in subsections (1) and (2) of this section.
NEW SECTION. Sec. 32 RCW 28B.10.922 (Performance agreements--State committee -- Development of final proposals -- Implementation--Updates) and 2008 c 160 s 4 are each repealed.
NEW SECTION. Sec. 33 RCW 77.12.856 (Salmon stamp selection
committee -- Creation) and 1999 c 342 s 5 are each repealed.
Sec. 34 RCW 77.12.850 and 1999 c 342 s 2 are each amended to read
as follows:
The definitions in this section apply throughout RCW 77.12.850
through 77.12.860 unless the context clearly requires otherwise.
(1) "Salmon" means all species of the genus Oncorhynchus, except
those classified as game fish in this title, and includes:
| Scientific Name | Common Name |
| Oncorhynchus tshawytscha | Chinook salmon |
| Oncorhynchus kisutch | Coho salmon |
| Oncorhynchus keta | Chum salmon |
| Oncorhynchus gorbuscha | Pink salmon |
| Oncorhynchus nerka | Sockeye salmon |
Sec. 35 RCW 18.106.110 and 2006 c 185 s 4 are each amended to
read as follows:
(1) There is created a state advisory board of plumbers, to be
composed of seven members appointed by the ((governor)) director. Two
members shall be journeyman plumbers, one member shall be a specialty
plumber, three members shall be persons conducting a plumbing business,
at least one of which shall be primarily engaged in a specialty
plumbing business, and one member from the general public who is
familiar with the business and trade of plumbing.
(2) The term of one journeyman plumber expires July 1, 1995; the
term of the second journeyman plumber expires July 1, 2000; the term of
the specialty plumber expires July 1, 2008; the term of one person
conducting a plumbing business expires July 1, 1996; the term of the
second person conducting a plumbing business expires July 1, 2000; the
term of the third person conducting a plumbing business expires July 1,
2007; and the term of the public member expires July 1, 1997.
Thereafter, upon the expiration of said terms, the ((governor))
director shall appoint a new member to serve for a period of three
years. However, to ensure that the board can continue to act, a member
whose term expires shall continue to serve until his or her replacement
is appointed. In the case of any vacancy on the board for any reason,
the ((governor)) director shall appoint a new member to serve out the
term of the person whose position has become vacant.
(3) The advisory board shall carry out all the functions and duties
enumerated in this chapter, as well as generally advise the department
on all matters relative to this chapter.
(4) Each member of the advisory board shall receive travel expenses
in accordance with the provisions of RCW 43.03.050 and 43.03.060 as now
existing or hereafter amended for each day in which such member is
actually engaged in attendance upon the meetings of the advisory board.
Sec. 36 RCW 49.04.010 and 2001 c 204 s 1 are each amended to read
as follows:
(1) The director of labor and industries shall appoint an
apprenticeship council, composed of three representatives each from
employer and employee organizations, respectively. The terms of office
of the members of the apprenticeship council first appointed by the
director of labor and industries shall be as follows: One
representative each of employers and employees shall be appointed for
one year, two years, and three years, respectively. Thereafter, each
member shall be appointed for a term of three years. The ((governor))
director of labor and industries shall also appoint a public member to
the apprenticeship council for a three-year term. ((The appointment of
the public member is subject to confirmation by the senate.)) Each
member shall hold office until a successor is appointed and has
qualified and any vacancy shall be filled by appointment for the
unexpired portion of the term. A designated representative from each
of the following: The workforce training and education coordinating
board, state board for community and technical colleges, employment
security department, and United States department of labor,
apprenticeship, training, employer, and labor services, shall be ex
officio members of the apprenticeship council. Ex officio members
shall have no vote. Each member of the council, not otherwise
compensated by public moneys, shall be reimbursed for travel expenses
in accordance with RCW 43.03.050 and 43.03.060 and shall be compensated
in accordance with RCW 43.03.240.
(2) The apprenticeship council is authorized to approve
apprenticeship programs, and establish apprenticeship program standards
as rules, including requirements for apprentice-related and
supplemental instruction, coordination of instruction with job
experiences, and instructor qualifications. The council shall consider
recommendations from the state board for community and technical
colleges on matters of apprentice-related and supplemental instruction,
coordination of instruction with job experiences, and instructor
qualifications. The rules for apprenticeship instructor qualifications
shall either be by reference or reasonably similar to the applicable
requirements established by or pursuant to chapter 28B.50 RCW. The
council is further authorized to issue such rules as may be necessary
to carry out the intent and purposes of this chapter, including a
procedure to resolve an impasse should a tie vote of the council occur,
and perform such other duties as are hereinafter imposed.
(3) Not less than once a year the apprenticeship council shall make
a report to the director of labor and industries of its activities and
findings which shall be available to the public.
Sec. 37 RCW 36.93.051 and 1991 c 363 s 93 are each amended to
read as follows:
The boundary review board in each county with a population of one
million or more shall consist of eleven members chosen as follows:
(1) ((Three persons shall be appointed by the governor;)) Four persons shall be appointed by the county
appointing authority;
(2) Three
(((3) Three)) (2) Four persons shall be appointed by the mayors of
the cities and towns located within the county; and
(((4) Two)) (3) Three persons shall be appointed by the board from
nominees of special districts in the county.
The governor shall designate one initial appointee to serve a term
of two years, and two initial appointees to serve terms of four years,
if the appointments are made in an odd-numbered year, or one initial
appointee to serve a term of one year, and two initial appointees to
serve terms of three years, if the appointments are made in an even-numbered year, with the length of the term being calculated from the
first day of February in the year the appointment was made.
The county appointing authority shall designate one of its initial
appointees to serve a term of two years, and two of its initial
appointees to serve terms of four years, if the appointments are made
in an odd-numbered year, or one of its initial appointees to serve a
term of one year, and two of its initial appointees to serve terms of
three years, if the appointments are made in an even-numbered year,
with the length of the term being calculated from the first day of
February in the year the appointment was made.
The mayors making the initial city and town appointments shall
designate two of their initial appointees to serve terms of two years,
and one of their initial appointees to serve a term of four years, if
the appointments are made in an odd-numbered year, or two of their
initial appointees to serve terms of one year, and one of their initial
appointees to serve a term of three years, if the appointments are made
in an even-numbered year, with the length of the term being calculated
from the first day of February in the year the appointment was made.
The board shall make two initial appointments from the nominees of
special districts, with one appointee serving a term of four years and
one initial appointee serving a term of two years, if the appointments
are made in an odd-numbered year, or one initial appointee serving a
term of three years and one initial appointee serving a term of one
year if the appointments are made in an even-numbered year, with the
length of the term being calculated from the first day of March in the
year in which the appointment is made.
After the initial appointments, all appointees shall serve four-year terms.
No appointee may be an official or employee of the county or a
governmental unit in the county, or a consultant or advisor on a
contractual or regular retained basis of the county, any governmental
unit in the county, or any agency or association thereof.
Sec. 38 RCW 15.92.090 and 1999 c 247 s 1 are each amended to read
as follows:
(1) A commission on pesticide registration is established. The
commission shall be composed of twelve voting members appointed by the
((governor)) director as follows:
(a) Eight members from the following segments of the state's
agricultural industry as nominated by a statewide private agricultural
association or agricultural commodity commission formed under Title 15
RCW: (i) The tree fruit industry; (ii) hop growers; (iii) potato
growers; (iv) wheat growers; (v) vegetable and seed growers; (vi) berry
growers; (vii) wine grape growers; and (viii) the nursery and landscape
industry. Although members are appointed from various segments of the
agriculture industry, they are appointed to represent and advance the
interests of the industry as a whole.
(b) One member from each of the following: (i) Forest protection
industry; (ii) food processors; (iii) agricultural chemical industry;
and (iv) professional pesticide applicators. One member shall be
appointed for each such segment of the industry and shall be nominated
by a statewide, private association of that segment of the industry.
The representative of the agricultural chemical industry shall be
involved in the manufacture of agricultural crop protection products.
The following shall be ex officio, nonvoting members of the
commission: The coordinator of the interregional project number four
at Washington State University; the director of the department of
ecology or the director's designee; the director of the department of
agriculture or the director's designee; the director of the department
of labor and industries or the director's designee; and the secretary
of the department of health or the secretary's designee.
(2) Each voting member of the commission shall serve a term of
three years. ((However, the first appointments in the first year shall
be made by the governor for one, two, and three-year terms so that, in
subsequent years, approximately one-third of the voting members shall
be appointed each year. The governor shall assign the initial one,
two, and three-year terms to members by lot.)) A vacancy shall be
filled by appointment for the unexpired term in the same manner
provided for an appointment to the full term. No member of the
commission may be removed by the ((governor)) director during his or
her term of office unless for cause of incapacity, incompetence,
neglect of duty, or malfeasance in office. Each member of the
commission shall receive travel expenses in accordance with RCW
43.03.050 and 43.03.060 for attending meetings of the commission and
for performing special duties, in the way of official commission
business, specifically assigned to the person by the commission. The
voting members of the commission serve without compensation from the
state other than such travel expenses.
(3) ((Nominations for the initial appointments to the commission
under subsection (1) of this section shall be submitted by September 1,
1995. The governor shall make initial appointments to the commission
by October 15, 1995.)) The commission shall elect a chair from among its voting
members each calendar year. After its original organizational meeting,
the commission shall meet at the call of the chair. A majority of the
voting members of the commission constitutes a quorum and an official
action of the commission may be taken by a majority vote of the quorum.
(4)
Sec. 39 RCW 43.160.030 and 2008 c 327 s 3 are each amended to
read as follows:
(1) The community economic revitalization board is hereby created
to exercise the powers granted under this chapter.
(2) The board shall consist of one member from each of the two
major caucuses of the house of representatives to be appointed by the
speaker of the house and one member from each of the two major caucuses
of the senate to be appointed by the president of the senate. The
board shall also consist of the following members appointed by the
((governor)) director of commerce: A recognized private or public
sector economist; one port district official; one county official; one
city official; one representative of a federally recognized Indian
tribe; one representative of the public; one representative of small
businesses each from: (a) The area west of Puget Sound, (b) the area
east of Puget Sound and west of the Cascade range, (c) the area east of
the Cascade range and west of the Columbia river, and (d) the area east
of the Columbia river; one executive from large businesses each from
the area west of the Cascades and the area east of the Cascades. The
appointive members shall initially be appointed to terms as follows:
Three members for one-year terms, three members for two-year terms, and
three members for three-year terms which shall include the chair.
Thereafter each succeeding term shall be for three years. The chair of
the board shall be selected by the ((governor)) director of commerce.
The members of the board shall elect one of their members to serve as
vice-chair. The director of ((community, trade, and economic
development)) commerce, the director of revenue, the commissioner of
employment security, and the secretary of transportation shall serve as
nonvoting advisory members of the board.
(3) Management services, including fiscal and contract services,
shall be provided by the department to assist the board in implementing
this chapter.
(4) Members of the board shall be reimbursed for travel expenses as
provided in RCW 43.03.050 and 43.03.060.
(5) If a vacancy occurs by death, resignation, or otherwise of
appointive members of the board, the ((governor)) director of commerce
shall fill the same for the unexpired term. Members of the board may
be removed for malfeasance or misfeasance in office, upon specific
written charges by the ((governor)) director of commerce, under chapter
34.05 RCW.
(6) A member appointed by the ((governor)) director of commerce may
not be absent from more than fifty percent of the regularly scheduled
meetings in any one calendar year. Any member who exceeds this absence
limitation is deemed to have withdrawn from the office and may be
replaced by the ((governor)) director of commerce.
(7) A majority of members currently appointed constitutes a quorum.
Sec. 40 RCW 70.94.537 and 2006 c 329 s 7 are each amended to read
as follows:
(1) A sixteen member state commute trip reduction board is
established as follows:
(a) The secretary of ((the department of)) transportation or the
secretary's designee who shall serve as chair;
(b) One representative from the office of ((the governor or the
governor's designee)) financial management;
(c) The director or the director's designee of one of the following
agencies, to be determined by the ((governor)) secretary of
transportation:
(i) Department of general administration;
(ii) Department of ecology;
(iii) Department of ((community, trade, and economic development))
commerce;
(d) Three representatives from cities and towns or counties
appointed by the ((governor)) secretary of transportation for staggered
four-year terms from a list recommended by the association of
Washington cities or the Washington state association of counties;
(e) Two representatives from transit agencies appointed by the
((governor)) secretary of transportation for staggered four-year terms
from a list recommended by the Washington state transit association;
(f) Two representatives from participating regional transportation
planning organizations appointed by the ((governor)) secretary of
transportation for staggered four-year terms;
(g) Four representatives of employers at or owners of major
worksites in Washington, or transportation management associations,
business improvement areas, or other transportation organizations
representing employers, appointed by the ((governor)) secretary of
transportation for staggered four-year terms; and
(h) Two citizens appointed by the ((governor)) secretary of
transportation for staggered four-year terms.
Members of the commute trip reduction board shall serve without
compensation but shall be reimbursed for travel expenses as provided in
RCW 43.03.050 and 43.03.060. Members appointed by the ((governor))
secretary of transportation shall be compensated in accordance with RCW
43.03.220. The board has all powers necessary to carry out its duties
as prescribed by this chapter.
(2) By March 1, 2007, the department of transportation shall
establish rules for commute trip reduction plans and implementation
procedures. The commute trip reduction board shall advise the
department on the content of the rules. The rules are intended to
ensure consistency in commute trip reduction plans and goals among
jurisdictions while fairly taking into account differences in
employment and housing density, employer size, existing and anticipated
levels of transit service, special employer circumstances, and other
factors the board determines to be relevant. The rules shall include:
(a) Guidance criteria for growth and transportation efficiency
centers;
(b) Data measurement methods and procedures for determining the
efficacy of commute trip reduction activities and progress toward
meeting commute trip reduction plan goals;
(c) Model commute trip reduction ordinances;
(d) Methods for assuring consistency in the treatment of employers
who have worksites subject to the requirements of this chapter in more
than one jurisdiction;
(e) An appeals process by which major employers, who as a result of
special characteristics of their business or its locations would be
unable to meet the requirements of a commute trip reduction plan, may
obtain a waiver or modification of those requirements and criteria for
determining eligibility for waiver or modification;
(f) Establishment of a process for determining the state's affected
areas, including criteria and procedures for regional transportation
planning organizations in consultation with local jurisdictions to
propose to add or exempt urban growth areas;
(g) Listing of the affected areas of the program to be done every
four years as identified in subsection (5) of this section;
(h) Establishment of a criteria and application process to
determine whether jurisdictions that voluntarily implement commute trip
reduction are eligible for state funding;
(i) Guidelines and deadlines for creating and updating local
commute trip reduction plans, including guidance to ensure consistency
between the local commute trip reduction plan and the transportation
demand management strategies identified in the transportation element
in the local comprehensive plan, as required by RCW 36.70A.070;
(j) Guidelines for creating and updating regional commute trip
reduction plans, including guidance to ensure the regional commute trip
reduction plan is consistent with and incorporated into transportation
demand management components in the regional transportation plan;
(k) Methods for regional transportation planning organizations to
evaluate and certify that designated growth and transportation
efficiency center programs meet the minimum requirements and are
eligible for funding;
(l) Guidelines for creating and updating growth and transportation
efficiency center programs; and
(m) Establishment of statewide program goals. The goals shall be
designed to achieve substantial reductions in the proportion of
single-occupant vehicle commute trips and the commute trip vehicle
miles traveled per employee, at a level that is projected to improve
the mobility of people and goods by increasing the efficiency of the
state highway system.
(3) The board shall create a state commute trip reduction plan that
shall be updated every four years as discussed in subsection (5) of
this section. The state commute trip reduction plan shall include, but
is not limited to: (a) Statewide commute trip reduction program goals
that are designed to substantially improve the mobility of people and
goods; (b) identification of strategies at the state and regional
levels to achieve the goals and recommendations for how transportation
demand management strategies can be targeted most effectively to
support commute trip reduction program goals; (c) performance measures
for assessing the cost-effectiveness of commute trip reduction
strategies and the benefits for the state transportation system; and
(d) a sustainable financial plan. The board shall review and approve
regional commute trip reduction plans, and work collaboratively with
regional transportation planning organizations in the establishment of
the state commute trip reduction plan.
(4) The board shall work with affected jurisdictions, major
employers, and other parties to develop and implement a public
awareness campaign designed to increase the effectiveness of local
commute trip reduction programs and support achievement of the
objectives identified in this chapter.
(5) The board shall evaluate and update the commute trip reduction
program plan and recommend changes to the rules every four years, with
the first assessment report due July 1, 2011, to ensure that the latest
data methodology used by the department of transportation is
incorporated into the program and to determine which areas of the state
should be affected by the program. The board shall review the
definition of a major employer no later than December 1, 2009. The
board shall regularly identify urban growth areas that are projected to
be affected by chapter 329, Laws of 2006 in the next four-year period
and may provide advance planning support to the potentially affected
jurisdictions.
(6) The board shall review progress toward implementing commute
trip reduction plans and programs and the costs and benefits of commute
trip reduction plans and programs and shall make recommendations to the
legislature and the governor by December 1, 2009, and every two years
thereafter. In assessing the costs and benefits, the board shall
consider the costs of not having implemented commute trip reduction
plans and programs with the assistance of the transportation
performance audit board authorized under chapter 44.75 RCW. The board
shall examine other transportation demand management programs
nationally and incorporate its findings into its recommendations to the
legislature. The recommendations shall address the need for
continuation, modification, or termination or any or all requirements
of this chapter.
(7) The board shall invite personnel with appropriate expertise
from state, regional, and local government, private, public, and
nonprofit providers of transportation services, and employers or owners
of major worksites in Washington to act as a technical advisory group.
The technical advisory group shall advise the board on the
implementation of local and regional commute trip reduction plans and
programs, program evaluation, program funding allocations, and state
rules and guidelines.
Sec. 41 RCW 38.52.040 and 1995 c 269 s 1202 are each amended to
read as follows:
(1) There is hereby created the emergency management council
(hereinafter called the council), to consist of not more than seventeen
members who shall be appointed by the ((governor)) adjutant general.
The membership of the council shall include, but not be limited to,
representatives of city and county governments, sheriffs and police
chiefs, the Washington state patrol, the military department, the
department of ecology, state and local fire chiefs, seismic safety
experts, state and local emergency management directors, search and
rescue volunteers, medical professions who have expertise in emergency
medical care, building officials, and private industry. The
representatives of private industry shall include persons knowledgeable
in emergency and hazardous materials management. The council members
shall elect a chairman from within the council membership. The members
of the council shall serve without compensation, but may be reimbursed
for their travel expenses incurred in the performance of their duties
in accordance with RCW 43.03.050 and 43.03.060 as now existing or
hereafter amended.
(2) The emergency management council shall advise the governor and
the director on all matters pertaining to state and local emergency
management. The council may appoint such ad hoc committees,
subcommittees, and working groups as are required to develop specific
recommendations for the improvement of emergency management practices,
standards, policies, or procedures. The council shall ensure that the
governor receives an annual assessment of statewide emergency
preparedness including, but not limited to, specific progress on hazard
mitigation and reduction efforts, implementation of seismic safety
improvements, reduction of flood hazards, and coordination of hazardous
materials planning and response activities. The council or a
subcommittee thereof shall periodically convene in special session and
serve during those sessions as the state emergency response commission
required by P.L. 99-499, the emergency planning and community right-to-know act. When sitting in session as the state emergency response
commission, the council shall confine its deliberations to those items
specified in federal statutes and state administrative rules governing
the coordination of hazardous materials policy. The council shall
review administrative rules governing state and local emergency
management practices and recommend necessary revisions to the director.
Sec. 42 RCW 70.168.020 and 2000 c 93 s 20 are each amended to
read as follows:
(1) There is hereby created an emergency medical services and
trauma care steering committee composed of representatives of
individuals knowledgeable in emergency medical services and trauma
care, including emergency medical providers such as physicians, nurses,
hospital personnel, emergency medical technicians, paramedics,
ambulance services, a member of the emergency medical services
licensing and certification advisory committee, local government
officials, state officials, consumers, and persons affiliated
professionally with health science schools. The ((governor)) secretary
shall appoint members of the steering committee. Members shall be
appointed for a period of three years. The department shall provide
administrative support to the committee. All appointive members of the
committee, in the performance of their duties, may be entitled to
receive travel expenses as provided in RCW 43.03.050 and 43.03.060.
The ((governor)) secretary may remove members from the committee who
have three unexcused absences from committee meetings. The
((governor)) secretary shall fill any vacancies of the committee in a
timely manner. The terms of those members representing the same field
shall not expire at the same time.
The committee shall elect a chair and a vice-chair whose terms of
office shall be for one year each. The chair shall be ineligible for
reelection after serving four consecutive terms.
The committee shall meet on call by the ((governor,)) the
secretary((,)) or the chair.
(2) The emergency medical services and trauma care steering
committee shall:
(a) Advise the department regarding emergency medical services and
trauma care needs throughout the state.
(b) Review the regional emergency medical services and trauma care
plans and recommend changes to the department before the department
adopts the plans.
(c) Review proposed departmental rules for emergency medical
services and trauma care.
(d) Recommend modifications in rules regarding emergency medical
services and trauma care.
Sec. 43 RCW 67.17.050 and 2001 c 18 s 6 are each amended to read
as follows:
(1) There is created an interstate governmental entity to be known
as the "compact committee" which shall be comprised of one official
from the racing commission or its equivalent in each party state who
shall be appointed, serve, and be subject to removal in accordance with
the laws of the party state he or she represents. Under the laws of
his or her party state, each official shall have the assistance of his
or her state's racing commission or the equivalent thereof in
considering issues related to licensing of participants in live racing
and in fulfilling his or her responsibilities as the representative
from his or her state to the compact committee. If an official is
unable to perform any duty in connection with the powers and duties of
the compact committee, the racing commission or equivalent thereof from
his or her state shall designate another of its members as an alternate
who shall serve in his or her place and represent the party state as
its official on the compact committee until that racing commission or
equivalent thereof determines that the original representative official
is able once again to perform his or her duties as that party state's
representative official on the compact committee. The designation of
an alternate shall be communicated by the affected state's racing
commission or equivalent thereof to the compact committee as the
committee's bylaws may provide.
(2) The ((governor)) horse racing commission shall appoint the
official to represent the state of Washington on the compact committee
for a term of four years. No official may serve more than three
consecutive terms. A vacancy shall be filled by the ((governor)) horse
racing commission for the unexpired term.
Sec. 44 RCW 43.365.030 and 2008 c 85 s 2 are each amended to read
as follows:
(1) A Washington motion picture competitiveness program under this
chapter shall be administered by a board of directors appointed by the
((governor)) director of commerce, and the appointments shall be made
within sixty days following enactment. The department, after
consulting with the board, shall adopt rules for the standards that
shall be used to evaluate the applications for funding assistance prior
to June 30, 2006.
(2) The board shall evaluate and award financial assistance to
motion picture projects under rules set forth under RCW 43.365.020.
(3) The board shall consist of the following members:
(a) One member representing the Washington motion picture
production industry;
(b) One member representing the Washington motion picture
postproduction industry;
(c) Two members representing labor unions affiliated with
Washington motion picture production;
(d) One member representing the Washington visitors and convention
bureaus;
(e) One member representing the Washington tourism industry;
(f) One member representing the Washington restaurant, hotel, and
airline industry; and
(g) A chairperson, chosen at large, shall serve at the pleasure of
the ((governor)) director of commerce.
(4) The term of the board members, other than the chair, is four
years, except as provided in subsection (5) of this section.
(5) The ((governor)) director of commerce shall appoint board
members in 2010 to two-year or four-year staggered terms. Once the
initial two-year or four-year terms expire, all subsequent terms shall
be for four years. The terms of the initial board members shall be as
follows:
(a) The board positions in subsection (3)(b), (d), and (f) of this
section, and one position from subsection (3)(c) of this section shall
be appointed to two-year terms; and
(b) The remaining board positions in subsection (3) of this section
shall be appointed to four-year terms.
(6) A board member appointed by the ((governor)) director of
commerce may be removed by the ((governor)) director of commerce for
cause under RCW 43.06.070 and 43.06.080.
(7) Five members of the board constitute a quorum.
(8) The board shall elect a treasurer and secretary annually, and
other officers as the board members determine necessary, and may adopt
bylaws or rules for its own government.
(9) The board shall make any information available at the request
of the department to administer this chapter.
(10) Contributions received by a board shall be deposited into the
account described in RCW 43.365.020(2).
Sec. 45 RCW 41.60.015 and 2000 c 139 s 1 are each amended to read
as follows:
(1) There is hereby created the productivity board, which may also
be known as the employee involvement and recognition board. The board
shall administer the employee suggestion program and the teamwork
incentive program under this chapter.
(2) The board shall be composed of:
(a) The secretary of state who shall act as chairperson;
(b) The director of personnel appointed under the provisions of RCW
41.06.130 or the director's designee;
(c) The director of financial management or the director's
designee;
(d) The director of general administration or the director's
designee;
(e) Three persons with experience in administering incentives such
as those used by industry, with the ((governor,)) lieutenant governor,
secretary of state, and speaker of the house of representatives each
appointing one person. The ((governor's)) secretary of state's
appointee shall be a representative of an employee organization
certified as an exclusive representative of at least one bargaining
unit of classified employees; and
(f) Two persons representing state agencies and institutions with
employees subject to chapter 41.06 RCW, and one person representing
those subject to chapter 28B.16 RCW, both appointed by the ((governor;
and))
secretary of state.
(g) In addition, the governor and board chairperson may jointly
appoint persons to the board on an ad hoc basis. Ad hoc members shall
serve in an advisory capacity and shall not have the right to vote
Members under subsection (2)(e) and (f) of this section shall be
appointed to serve three-year terms.
Members of the board appointed pursuant to subsection (2)(e) of
this section may be compensated in accordance with RCW 43.03.240. Any
board member who is not a state employee may be reimbursed for travel
expenses under RCW 43.03.050 and 43.03.060.
Sec. 46 RCW 43.20A.685 and 1981 c 151 s 2 are each amended to
read as follows:
(1) ((The initial members of the council shall be appointed by the
governor to staggered terms such that approximately one-third of the
members serve terms of one year, one-third serve terms of two years,
and one-third serve terms of three years. Thereafter,)) Members of the
council shall be appointed ((by the governor)) to terms of three years,
except in the case of a vacancy, in which event appointment shall be
for the remainder of the unexpired term for which the vacancy occurs.
No member of the council may serve more than two consecutive three-year
terms. Each area agency on aging advisory council shall appoint one
member ((shall be appointed)) from ((each)) its state-designated
planning and service area ((from a list of names transmitted by each
area agency on aging advisory council, such list including the names of
all persons nominated within the planning and service area together
with the area agency on aging advisory council's recommendations)).
The governor shall appoint one additional member from names submitted
by the association of Washington cities and one additional member from
names submitted by the Washington state association of counties. In
addition, the governor may appoint not more than five at large members,
in order to ensure that rural areas (those areas outside of a standard
metropolitan statistical area), minority populations, and those
individuals with special skills which could assist the state council
are represented. The members of the state council on aging shall
elect, at the council's initial meeting and at the council's first
meeting each year, one member to serve as chairperson of the council
and another member to serve as secretary of the council.
(2) The speaker of the house of representatives and the president
of the senate shall each appoint two nonvoting members to the council;
one from each of the two largest caucuses in each house. The terms of
the members so appointed shall be for approximately two years and the
terms shall expire before the first day of the legislative session in
odd-numbered years. They shall be compensated by their respective
houses as provided under RCW 44.04.120, as now or hereafter amended.
(3) With the exception of the members from the Washington state
association of cities, the Washington state association of counties,
and the nonvoting legislative members, all members of the council shall
be at least fifty-five years old.
Sec. 47 RCW 79A.30.030 and 2000 c 11 s 85 are each amended to
read as follows:
(1) A nonprofit corporation may be formed under the nonprofit
corporation provisions of chapter 24.03 RCW to carry out the purposes
of this chapter. Except as provided in RCW 79A.30.040, the corporation
shall have all the powers and be subject to the same restrictions as
are permitted or prescribed to nonprofit corporations and shall
exercise those powers only for carrying out the purposes of this
chapter and those purposes necessarily implied therefrom. The
nonprofit corporation shall be known as the Washington state horse park
authority. The articles of incorporation shall provide that it is the
responsibility of the authority to develop, promote, operate, manage,
and maintain the Washington state horse park. The articles of
incorporation shall provide for appointment of directors and other
conduct of business consistent with the requirements of this chapter.
(2)(a) The articles of incorporation shall provide for a seven-member board of directors for the authority, all appointed by the
((governor)) commission. Board members shall serve three-year terms,
except that two of the original appointees shall serve one-year terms,
and two of the original appointees shall serve two-year terms. A board
member may serve consecutive terms.
(b) The articles of incorporation shall provide that the
((governor)) commission appoint board members as follows:
(i) One board member shall represent the interests of the
commission((. In making this appointment, the governor shall solicit
recommendations from the commission));
(ii) One board member shall represent the interests of the county
in which the park is located. In making this appointment, the
((governor)) commission shall solicit recommendations from the county
legislative authority; and
(iii) Five board members shall represent the geographic and sports
discipline diversity of equestrian interests in the state, and at least
one of these members shall have business experience relevant to the
organization of horse shows or operation of a horse show facility. In
making these appointments, the ((governor)) commission shall solicit
recommendations from a variety of active horse-related organizations in
the state.
(3) The articles of incorporation shall include a policy that
provides for the preferential use of a specific area of the horse park
facilities at nominal cost for horse groups associated with youth
groups and ((the disabled)) individuals with disabilities.
(4) The ((governor)) commission shall make appointments to fill
board vacancies for positions authorized under subsection (2) of this
section, upon additional solicitation of recommendations from the board
of directors.
(5) The board of directors shall perform their duties in the best
interests of the authority, consistent with the standards applicable to
directors of nonprofit corporations under RCW 24.03.127.
Sec. 48 RCW 28A.300.136 and 2010 c 235 s 901 are each amended to
read as follows:
(1) An achievement gap oversight and accountability advisory
committee is created to synthesize the findings and recommendations
from the 2008 achievement gap studies into an implementation plan, and
to recommend policies and strategies to the superintendent of public
instruction, the professional educator standards board, and the state
board of education to close the achievement gap.
(2) The committee shall recommend specific policies and strategies
in at least the following areas:
(a) Supporting and facilitating parent and community involvement
and outreach;
(b) Enhancing the cultural competency of current and future
educators and the cultural relevance of curriculum and instruction;
(c) Expanding pathways and strategies to prepare and recruit
diverse teachers and administrators;
(d) Recommending current programs and resources that should be
redirected to narrow the gap;
(e) Identifying data elements and systems needed to monitor
progress in closing the gap;
(f) Making closing the achievement gap part of the school and
school district improvement process; and
(g) Exploring innovative school models that have shown success in
closing the achievement gap.
(3) Taking a multidisciplinary approach, the committee may seek
input and advice from other state and local agencies and organizations
with expertise in health, social services, gang and violence
prevention, substance abuse prevention, and other issues that
disproportionately affect student achievement and student success.
(4) The achievement gap oversight and accountability advisory
committee shall be composed of the following members:
(a) The chairs and ranking minority members of the house and senate
education committees, or their designees;
(b) One additional member of the house of representatives appointed
by the speaker of the house and one additional member of the senate
appointed by the president of the senate;
(c) A representative of the office of the education ombudsman;
(d) A representative of the center for the improvement of student
learning in the office of the superintendent of public instruction;
(e) A representative of federally recognized Indian tribes whose
traditional lands and territories lie within the borders of Washington
state, designated by the federally recognized tribes; and
(f) Four members appointed by the ((governor)) superintendent of
public instruction in consultation with the state ethnic commissions,
who represent the following populations: African-Americans, Hispanic
Americans, Asian Americans, and Pacific Islander Americans.
(5) The ((governor)) superintendent of public instruction and the
tribes are encouraged to designate members who have experience working
in and with schools.
(6) The committee may convene ad hoc working groups to obtain
additional input and participation from community members. Members of
ad hoc working groups shall serve without compensation and shall not be
reimbursed for travel or other expenses.
(7) The chair or cochairs of the committee shall be selected by the
members of the committee. Staff support for the committee shall be
provided by the center for the improvement of student learning.
Members of the committee shall serve without compensation but must be
reimbursed as provided in RCW 43.03.050 and 43.03.060. Legislative
members of the committee shall be reimbursed for travel expenses in
accordance with RCW 44.04.120.
(8) The superintendent of public instruction, the state board of
education, the professional educator standards board, and the quality
education council shall work collaboratively with the achievement gap
oversight and accountability advisory committee to close the
achievement gap.
Sec. 49 RCW 43.46.015 and 1999 c 241 s 1 are each amended to read
as follows:
There is established a Washington state arts commission within the
department of commerce. The commission consists of nineteen members
appointed by the ((governor)) director of the department of commerce
and four members of the legislature, one from each caucus in the senate
and appointed by the president of the senate and one from each caucus
in the house of representatives and appointed by the speaker of the
house of representatives. The ((governor)) director of the department
of commerce shall appoint citizens representing the various disciplines
within the visual, performing and literary arts, and other citizens
active in the arts community. The ((governor)) director of the
department of commerce shall consider nominations for membership from
individuals actively involved in cultural, state or community
organizations. The governor shall also consider geographical
distribution of the membership in the appointment of new members.
Sec. 50 RCW 43.46.081 and 2007 c 128 s 2 are each amended to read
as follows:
(1) The Washington state arts commission shall establish and
administer the poet laureate program. The poet laureate shall engage
in activities to promote and encourage poetry within the state,
including but not limited to readings, workshops, lectures, or
presentations for Washington educational institutions and communities
in geographically diverse areas over a two-year term.
(2) Selection of a poet laureate shall be made by a committee
appointed and coordinated by the commission. The committee may include
representatives of the Washington state library, the education
community, the Washington commission for the humanities, publishing,
and the community of Washington poets.
(3) The commission and the committee shall establish criteria to be
used for the selection of a poet laureate. In addition to other
criteria established, the poet laureate must be a published poet, a
resident of Washington state, active in the poetry community, and
willing and able to promote poetry in the state of Washington
throughout the two-year term.
(4) The recommendation of the poet laureate selection committee
shall be forwarded to the commission, which shall appoint the poet
laureate ((with the approval of the governor)).
(5) The poet laureate shall receive compensation at a level
determined by the commission. Travel expenses shall be provided in
accordance with RCW 43.03.050 and 43.03.060.
(6) The poet laureate may not serve more than two consecutive
two-year terms.
(7) The commission shall fund the poet laureate program through
gifts, grants, or endowments from public or private sources that are
made from time to time, in trust or otherwise.
Sec. 51 RCW 43.34.080 and 1990 c 93 s 1 are each amended to read
as follows:
(1) The capitol campus design advisory committee is established as
an advisory group to the capitol committee and the director of general
administration to review programs, planning, design, and landscaping of
state capitol facilities and grounds and to make recommendations that
will contribute to the attainment of architectural, aesthetic,
functional, and environmental excellence in design and maintenance of
capitol facilities on campus and located in neighboring communities.
(2) The advisory committee shall consist of the following persons
who shall be appointed by and serve at the pleasure of the ((governor))
director of general administration:
(a) Two architects;
(b) A landscape architect; and
(c) An urban planner.
The ((governor)) director of general administration shall appoint
the chair and vice chair and shall ((instruct the director of general
administration to)) provide the staff and resources necessary for
implementing this section. The advisory committee shall meet at least
once every ninety days and at the call of the chair.
The members of the committee shall be reimbursed as provided in RCW
43.03.220 and 44.04.120.
(3) The advisory committee shall also consist of the secretary of
state and two members of the house of representatives, one from each
caucus, who shall be appointed by the speaker of the house of
representatives, and two members of the senate, one from each caucus,
who shall be appointed by the president of the senate.
(4) The advisory committee shall review plans and designs affecting
state capitol facilities as they are developed. The advisory
committee's review shall include:
(a) The process of solicitation and selection of appropriate
professional design services including design-build proposals;
(b) Compliance with the capitol campus master plan and design
concepts as adopted by the capitol committee;
(c) The design, siting, and grouping of state capitol facilities
relative to the service needs of state government and the impact upon
the local community's economy, environment, traffic patterns, and other
factors;
(d) The relationship of overall state capitol facility planning to
the respective comprehensive plans for long-range urban development of
the cities of Olympia, Lacey, and Tumwater, and Thurston county; and
(e) Landscaping plans and designs, including planting proposals,
street furniture, sculpture, monuments, and access to the capitol
campus and buildings.
Sec. 52 RCW 72.09.070 and 2004 c 167 s 1 are each amended to read
as follows:
(((1))) There is created a correctional industries ((board of
directors)) advisory committee which shall have the composition
provided in RCW 72.09.080. The advisory committee shall make
recommendations to the secretary regarding the implementation of RCW
72.09.100.
(((2) Consistent with general department of corrections policies
and procedures pertaining to the general administration of correctional
facilities, the board shall establish and implement policy for
correctional industries programs designed to:))
(a) Offer inmates meaningful employment, work experience, and
training in vocations that are specifically designed to reduce
recidivism and thereby enhance public safety by providing opportunities
for legitimate means of livelihood upon their release from custody;
(b) Provide industries which will reduce the tax burden of
corrections and save taxpayers money through production of goods and
services for sale and use;
(c) Operate correctional work programs in an effective and
efficient manner which are as similar as possible to those provided by
the private sector;
(d) Encourage the development of and provide for selection of,
contracting for, and supervision of work programs with participating
private enterprise firms;
(e) Develop and select correctional industries work programs that
do not unfairly compete with Washington businesses;
(f) Invest available funds in correctional industries enterprises
and meaningful work programs that minimize the impact on in-state jobs
and businesses.
(3) The board of directors shall at least annually review the work
performance of the director of correctional industries division with
the secretary.
(4) The director of correctional industries division shall review
and evaluate the productivity, funding, and appropriateness of all
correctional work programs and report on their effectiveness to the
board and to the secretary.
(5) The board of directors shall have the authority to identify and
establish trade advisory or apprenticeship committees to advise them on
correctional industries work programs. The secretary shall appoint the
members of the committees.
Where a labor management trade advisory and apprenticeship
committee has already been established by the department pursuant to
RCW 72.62.050 the existing committee shall also advise the board of
directors.
(6) The board shall develop a strategic yearly marketing plan that
shall be consistent with and work towards achieving the goals
established in the six-year phased expansion of class I and class II
correctional industries established in RCW 72.09.111. This marketing
plan shall be presented to the appropriate committees of the
legislature by January 17 of each calendar year until the goals set
forth in RCW 72.09.111 are achieved.
Sec. 53 RCW 72.09.090 and 1989 c 185 s 6 are each amended to read
as follows:
The correctional industries account is established in the state
treasury. The department of corrections shall deposit in the account
all moneys collected and all profits that accrue from the industrial
and agricultural operations of the department and any moneys
appropriated to the account. Moneys in the account may be spent only
for expenses arising in the correctional industries operations.
The division's net profits from correctional industries' sales and
contracts shall be reinvested, without appropriation, in the expansion
and improvement of correctional industries. However, the ((board of
directors)) secretary shall annually recommend that some portion of the
profits from correctional industries be returned to the state general
fund.
The ((board and)) secretary shall request appropriations or
increased appropriations whenever it appears that additional money is
needed to provide for the establishment and operation of a
comprehensive correctional industries program.
Sec. 54 RCW 72.09.100 and 2005 c 346 s 1 are each amended to read
as follows:
It is the intent of the legislature to vest in the department the
power to provide for a comprehensive inmate work program and to remove
statutory and other restrictions which have limited work programs in
the past. It is also the intent of the legislature to ensure that the
((correctional industries board of directors)) department, in
developing and selecting correctional industries work programs, does
not encourage the development of, or provide for selection of or
contracting for, or the significant expansion of, any new or existing
class I correctional industries work programs that unfairly compete
with Washington businesses. The legislature intends that the
requirements relating to fair competition in the correctional
industries work programs be liberally construed by the ((correctional
industries board of directors)) department to protect Washington
businesses from unfair competition. For purposes of establishing such
a comprehensive program, the legislature recommends that the department
consider adopting any or all, or any variation of, the following
classes of work programs:
(1) CLASS I: FREE VENTURE INDUSTRIES.
(a) The employer model industries in this class shall be operated
and managed in total or in part by any profit or nonprofit organization
pursuant to an agreement between the organization and the department.
The organization shall produce goods or services for sale to both the
public and private sector.
(b) The customer model industries in this class shall be operated
and managed by the department to provide Washington state manufacturers
or businesses with products or services currently produced or provided
by out-of-state or foreign suppliers.
(c) The ((correctional industries board of directors)) department
shall review these proposed industries, including any potential new
class I industries work program or the significant expansion of an
existing class I industries work program, before the department
contracts to provide such products or services. The review shall
include the analysis required under RCW 72.09.115 to determine if the
proposed correctional industries work program will compete with any
Washington business. An agreement for a new class I correctional
industries work program, or an agreement for a significant expansion of
an existing class I correctional industries work program, that unfairly
competes with any Washington business is prohibited.
(d) The department ((of corrections)) shall supply appropriate
security and custody services without charge to the participating
firms.
(e) Inmates who work in free venture industries shall do so at
their own choice. They shall be paid a wage comparable to the wage
paid for work of a similar nature in the locality in which the industry
is located, as determined by the director of correctional industries.
If the director cannot reasonably determine the comparable wage, then
the pay shall not be less than the federal minimum wage.
(f) An inmate who is employed in the class I program of
correctional industries shall not be eligible for unemployment
compensation benefits pursuant to any of the provisions of Title 50 RCW
until released on parole or discharged.
(2) CLASS II: TAX REDUCTION INDUSTRIES.
(a) Industries in this class shall be state-owned and operated
enterprises designed primarily to reduce the costs for goods and
services for tax-supported agencies and for nonprofit organizations.
(b)(i) The industries selected for development within this class
shall, as much as possible, match the available pool of inmate work
skills and aptitudes with the work opportunities in the free community.
The industries shall be closely patterned after private sector
industries but with the objective of reducing public support costs
rather than making a profit.
(ii) The products and services of this industry, including
purchased products and services necessary for a complete product line,
may be sold to the following:
(A) Public agencies;
(B) Nonprofit organizations;
(C) Private contractors when the goods purchased will be ultimately
used by a public agency or a nonprofit organization;
(D) An employee and immediate family members of an employee of the
department ((of corrections)); and
(E) A person under the supervision of the department ((of
corrections)) and his or her immediate family members.
(iii) The ((correctional industries board of directors)) department
shall authorize the type and quantity of items that may be purchased
and sold under (b)(ii)(D) and (E) of this subsection.
(iv) It is prohibited to purchase any item purchased under
(b)(ii)(D) and (E) of this subsection for the purpose of resale.
(v) Clothing manufactured by an industry in this class may be
donated to nonprofit organizations that provide clothing free of charge
to low-income persons.
(c)(i) Class II correctional industries products and services shall
be reviewed by the ((correctional industries board of directors))
department before offering such products and services for sale to
private contractors.
(ii) The ((board of directors)) secretary shall conduct a yearly
marketing review of the products and services offered under this
subsection. Such review shall include an analysis of the potential
impact of the proposed products and services on the Washington state
business community. To avoid waste or spoilage and consequent loss to
the state, when there is no public sector market for such goods, by-products and surpluses of timber, agricultural, and animal husbandry
enterprises may be sold to private persons, at private sale. Surplus
by-products and surpluses of timber, agricultural and animal husbandry
enterprises that cannot be sold to public agencies or to private
persons may be donated to nonprofit organizations. All sales of
surplus products shall be carried out in accordance with rules
prescribed by the secretary.
(d) Security and custody services shall be provided without charge
by the department ((of corrections)).
(e) Inmates working in this class of industries shall do so at
their own choice and shall be paid for their work on a gratuity scale
which shall not exceed the wage paid for work of a similar nature in
the locality in which the industry is located and which is approved by
the director of correctional industries.
(f) ((Subject to approval of the correctional industries board,))
Provisions of RCW 41.06.142 shall not apply to contracts with
Washington state businesses entered into by the department ((of
corrections)) through class II industries.
(3) CLASS III: INSTITUTIONAL SUPPORT INDUSTRIES.
(a) Industries in this class shall be operated by the department
((of corrections)). They shall be designed and managed to accomplish
the following objectives:
(i) Whenever possible, to provide basic work training and
experience so that the inmate will be able to qualify for better work
both within correctional industries and the free community. It is not
intended that an inmate's work within this class of industries should
be his or her final and total work experience as an inmate.
(ii) Whenever possible, to provide forty hours of work or work
training per week.
(iii) Whenever possible, to offset tax and other public support
costs.
(b) Class III correctional industries shall be reviewed by the
((correctional industries board of directors)) department to set policy
for work crews. The department shall ((present to the board of
directors)) prepare quarterly detail statements showing where work
crews worked, what correctional industry class, and the hours worked.
((The board of directors may review any class III program at its
discretion.))
(c) Supervising, management, and custody staff shall be employees
of the department.
(d) All able and eligible inmates who are assigned work and who are
not working in other classes of industries shall work in this class.
(e) Except for inmates who work in work training programs, inmates
in this class shall be paid for their work in accordance with an inmate
gratuity scale. The scale shall be adopted by the secretary of
corrections.
(4) CLASS IV: COMMUNITY WORK INDUSTRIES.
(a) Industries in this class shall be operated by the department
((of corrections)). They shall be designed and managed to provide
services in the inmate's resident community at a reduced cost. The
services shall be provided to public agencies, to persons who are poor
or infirm, or to nonprofit organizations.
(b) Class IV correctional industries shall be reviewed by the
((correctional industries board of directors)) department to set policy
for work crews. The department shall ((present to the board of
directors)) prepare quarterly detail statements showing where work
crews worked, what correctional industry class, and the hours worked.
((The board of directors may review any class IV program at its
discretion.)) Class IV correctional industries operated in work camps
established pursuant to RCW 72.64.050 are exempt from the requirements
of this subsection (4)(b).
(c) Inmates in this program shall reside in facilities owned by,
contracted for, or licensed by the department ((of corrections)). A
unit of local government shall provide work supervision services
without charge to the state and shall pay the inmate's wage.
(d) The department ((of corrections)) shall reimburse participating
units of local government for liability and workers compensation
insurance costs.
(e) Inmates who work in this class of industries shall do so at
their own choice and shall receive a gratuity which shall not exceed
the wage paid for work of a similar nature in the locality in which the
industry is located.
(5) CLASS V: COMMUNITY RESTITUTION PROGRAMS.
(a) Programs in this class shall be subject to supervision by the
department ((of corrections)). The purpose of this class of industries
is to enable an inmate, placed on community supervision, to work off
all or part of a community restitution order as ordered by the
sentencing court.
(b) Employment shall be in a community restitution program operated
by the state, local units of government, or a nonprofit agency.
(c) To the extent that funds are specifically made available for
such purposes, the department ((of corrections)) shall reimburse
nonprofit agencies for workers compensation insurance costs.
Sec. 55 RCW 72.09.015 and 2010 c 181 s 1 are each amended to read
as follows:
The definitions in this section apply throughout this chapter.
(1) "Adult basic education" means education or instruction designed
to achieve general competence of skills in reading, writing, and oral
communication, including English as a second language and preparation
and testing services for obtaining a high school diploma or a general
equivalency diploma.
(2) "Base level of correctional services" means the minimum level
of field services the department of corrections is required by statute
to provide for the supervision and monitoring of offenders.
(3) "Community custody" has the same meaning as that provided in
RCW 9.94A.030 and also includes community placement and community
supervision as defined in RCW 9.94B.020.
(4) "Contraband" means any object or communication the secretary
determines shall not be allowed to be: (a) Brought into; (b) possessed
while on the grounds of; or (c) sent from any institution under the
control of the secretary.
(5) "Correctional facility" means a facility or institution
operated directly or by contract by the secretary for the purposes of
incarcerating adults in total or partial confinement, as defined in RCW
9.94A.030.
(6) "County" means a county or combination of counties.
(7) "Department" means the department of corrections.
(8) "Earned early release" means earned release as authorized by
RCW 9.94A.728.
(9) "Evidence-based" means a program or practice that has had
multiple-site random controlled trials across heterogeneous populations
demonstrating that the program or practice is effective in reducing
recidivism for the population.
(10) "Extended family visit" means an authorized visit between an
inmate and a member of his or her immediate family that occurs in a
private visiting unit located at the correctional facility where the
inmate is confined.
(11) "Good conduct" means compliance with department rules and
policies.
(12) "Good performance" means successful completion of a program
required by the department, including an education, work, or other
program.
(13) "Immediate family" means the inmate's children, stepchildren,
grandchildren, great grandchildren, parents, stepparents, grandparents,
great grandparents, siblings, and a person legally married to or in a
state registered domestic partnership with an inmate. "Immediate
family" does not include an inmate adopted by another inmate or the
immediate family of the adopted or adopting inmate.
(14) "Indigent inmate," "indigent," and "indigency" mean an inmate
who has less than a ten-dollar balance of disposable income in his or
her institutional account on the day a request is made to utilize funds
and during the thirty days previous to the request.
(15) "Individual reentry plan" means the plan to prepare an
offender for release into the community. It should be developed
collaboratively between the department and the offender and based on an
assessment of the offender using a standardized and comprehensive tool
to identify the offender's risks and needs. The individual reentry
plan describes actions that should occur to prepare individual
offenders for release from prison or jail, specifies the supervision
and services they will experience in the community, and describes an
offender's eventual discharge to aftercare upon successful completion
of supervision. An individual reentry plan is updated throughout the
period of an offender's incarceration and supervision to be relevant to
the offender's current needs and risks.
(16) "Inmate" means a person committed to the custody of the
department, including but not limited to persons residing in a
correctional institution or facility and persons released from such
facility on furlough, work release, or community custody, and persons
received from another state, state agency, county, or federal
jurisdiction.
(17) "Labor" means the period of time before a birth during which
contractions are of sufficient frequency, intensity, and duration to
bring about effacement and progressive dilation of the cervix.
(18) "Physical restraint" means the use of any bodily force or
physical intervention to control an offender or limit an offender's
freedom of movement in a way that does not involve a mechanical
restraint. Physical restraint does not include momentary periods of
minimal physical restriction by direct person-to-person contact,
without the aid of mechanical restraint, accomplished with limited
force and designed to:
(a) Prevent an offender from completing an act that would result in
potential bodily harm to self or others or damage property;
(b) Remove a disruptive offender who is unwilling to leave the area
voluntarily; or
(c) Guide an offender from one location to another.
(19) "Postpartum recovery" means (a) the entire period a woman or
youth is in the hospital, birthing center, or clinic after giving birth
and (b) an additional time period, if any, a treating physician
determines is necessary for healing after the woman or youth leaves the
hospital, birthing center, or clinic.
(20) "Privilege" means any goods or services, education or work
programs, or earned early release days, the receipt of which are
directly linked to an inmate's (a) good conduct; and (b) good
performance. Privileges do not include any goods or services the
department is required to provide under the state or federal
Constitution or under state or federal law.
(21) "Promising practice" means a practice that presents, based on
preliminary information, potential for becoming a research-based or
consensus-based practice.
(22) "Research-based" means a program or practice that has some
research demonstrating effectiveness, but that does not yet meet the
standard of evidence-based practices.
(23) "Restraints" means anything used to control the movement of a
person's body or limbs and includes:
(a) Physical restraint; or
(b) Mechanical device including but not limited to: Metal
handcuffs, plastic ties, ankle restraints, leather cuffs, other
hospital-type restraints, tasers, or batons.
(24) "Secretary" means the secretary of corrections or his or her
designee.
(25) "Significant expansion" includes any expansion into a new
product line or service to the class I business that results from an
increase in benefits provided by the department, including a decrease
in labor costs, rent, or utility rates (for water, sewer, electricity,
and disposal), an increase in work program space, tax advantages, or
other overhead costs.
(26) "Superintendent" means the superintendent of a correctional
facility under the jurisdiction of the Washington state department of
corrections, or his or her designee.
(27) "Transportation" means the conveying, by any means, of an
incarcerated pregnant woman or youth from the correctional facility to
another location from the moment she leaves the correctional facility
to the time of arrival at the other location, and includes the
escorting of the pregnant incarcerated woman or youth from the
correctional facility to a transport vehicle and from the vehicle to
the other location.
(28) "Unfair competition" means any net competitive advantage that
a business may acquire as a result of a correctional industries
contract, including labor costs, rent, tax advantages, utility rates
(water, sewer, electricity, and disposal), and other overhead costs.
To determine net competitive advantage, the ((correctional industries
board)) department of corrections shall review and quantify any
expenses unique to operating a for-profit business inside a prison.
(29) "Vocational training" or "vocational education" means
"vocational education" as defined in RCW 72.62.020.
(30) "Washington business" means an in-state manufacturer or
service provider subject to chapter 82.04 RCW existing on June 10,
2004.
(31) "Work programs" means all classes of correctional industries
jobs authorized under RCW 72.09.100.
Sec. 56 RCW 72.62.020 and 1989 c 185 s 12 are each amended to
read as follows:
When used in this chapter, unless the context otherwise requires:
The term "vocational education" means a planned series of learning
experiences, the specific objective of which is to prepare individuals
for gainful employment as semiskilled or skilled workers or technicians
or subprofessionals in recognized occupations and in new and emerging
occupations, but shall not mean programs the primary characteristic of
which is repetitive work for the purpose of production, including the
correctional industries program. Nothing in this section shall be
construed to prohibit the ((correctional industries board of
directors)) department of corrections from identifying and establishing
trade advisory or apprenticeship committees to advise them on
correctional industries work programs.
Sec. 57 RCW 72.09.080 and 1993 sp.s. c 20 s 4 are each amended to
read as follows:
(1) The correctional industries ((board of directors)) advisory
committee shall consist of nine voting members, appointed by the
((governor)) secretary. Each member shall serve a three-year staggered
term. ((Initially, the governor shall appoint three members to one-
year terms, three members to two-year terms, and three members to
three-year terms.)) The speaker of the house of representatives and
the president of the senate shall each appoint one member from each of
the two largest caucuses in their respective houses. The legislators
so appointed shall be nonvoting members and shall serve two-year terms,
or until they cease to be members of the house from which they were
appointed, whichever occurs first. The nine members appointed by the
((governor)) secretary shall include three representatives from labor,
three representatives from business representing cross-sections of
industries and all sizes of employers, and three members from the
general public.
(2) The ((board of directors)) committee shall elect a chair and
such other officers as it deems appropriate from among the voting
members.
(3) The voting members of the ((board of directors)) committee
shall serve with compensation pursuant to RCW 43.03.240 and shall be
reimbursed by the department for travel expenses and per diem under RCW
43.03.050 and 43.03.060, as now or hereafter amended. Legislative
members shall be reimbursed under RCW 44.04.120, as now or hereafter
amended.
(4) The secretary shall provide such staff services, facilities,
and equipment as the board shall require to carry out its duties.
Sec. 58 RCW 43.31.425 and 1998 c 76 s 2 are each amended to read
as follows:
The Hanford area economic investment fund advisory committee is
hereby established to advise the director of the department of
commerce.
(1) The committee shall have eleven members. The ((governor))
director of the department of commerce shall appoint the members, in
consultation with Hanford area elected officials, subject to the
following requirements:
(a) All members shall either reside or be employed within the
Hanford area.
(b) The committee shall have a balanced membership representing one
member each from the elected leadership of Benton county, Franklin
county, the city of Richland, the city of Kennewick, the city of Pasco,
a Hanford area port district, the labor community, and four members
from the Hanford area business and financial community.
(c) Careful consideration shall be given to assure minority
representation on the committee.
(2) Each member appointed by the ((governor)) director of the
department of commerce shall serve a term of three years((, except that
of the members first appointed, four shall serve two-year terms and
four shall serve one-year terms)). A person appointed to fill a
vacancy of a member shall be appointed in a like manner and shall serve
for only the unexpired term. A member is eligible for reappointment.
A member may be removed by the ((governor)) director of the department
of commerce for cause.
(3) The ((governor)) director of the department of commerce shall
designate a member of the committee as its chairperson. The committee
may elect such other officers as it deems appropriate. Six members of
the committee constitute a quorum and six affirmative votes are
necessary for the transaction of business or the exercise of any power
or function of the committee.
(4) The members shall serve without compensation, but are entitled
to reimbursement for actual and necessary expenses incurred in the
performance of official duties in accordance with RCW 43.03.050 and
43.03.060.
(5) Members shall not be liable to the state, to the fund, or to
any other person as a result of their activities, whether ministerial
or discretionary, as members except for willful dishonesty or
intentional violations of law. The department may purchase liability
insurance for members and may indemnify these persons against the
claims of others.
Sec. 59 RCW 43.31.422 and 2004 c 77 s 1 are each amended to read
as follows:
The Hanford area economic investment fund is established in the
custody of the state treasurer. Moneys in the fund shall only be used
for reasonable assistant attorney general costs in support of the
committee or pursuant to the decisions of the committee created in RCW
43.31.425 for Hanford area revolving loan funds, Hanford area
infrastructure projects, or other Hanford area economic development and
diversification projects, but may not be used for government or
nonprofit organization operating expenses. Up to five percent of
moneys in the fund may be used for program administration. For the
purpose of this chapter "Hanford area" means Benton and Franklin
counties. The director of ((community, trade, and economic
development)) commerce or the director's designee shall authorize
disbursements from the fund ((after an affirmative vote of at least six
members)) with the advice of the committee created in RCW 43.31.425
((on any decisions reached by the committee created in RCW 43.31.425)).
The fund is subject to the allotment procedures under chapter 43.88
RCW, but no appropriation is required for disbursements. The
legislature intends to establish similar economic investment funds for
areas that develop low-level radioactive waste disposal facilities.
Sec. 60 RCW 18.280.040 and 2008 c 119 s 4 are each amended to
read as follows:
(1) The state home inspector advisory licensing board is created.
The board consists of seven members appointed by the ((governor))
director, who shall advise the director concerning the administration
of this chapter. Of the appointments to this board, six must be
actively engaged as home inspectors immediately prior to their
appointment to the board, and one must be currently teaching in a home
inspector education program. Insofar as possible, the composition of
the appointed home inspector members of the board must be generally
representative of the geographic distribution of home inspectors
licensed under this chapter. No more than two board members may be
members of a particular national home inspector association or
organization.
(2) A home inspector must have the following qualifications to be
appointed to the board:
(a) Actively engaged as a home inspector in the state of Washington
for five years;
(b) Licensed as a home inspector under this chapter, except for
initial appointments; and
(c) Performed a minimum of five hundred home inspections in the
state of Washington.
(3) Members of the board are appointed for three-year terms. Terms
must be staggered so that not more than two appointments are scheduled
to be made in any calendar year. Members hold office until the
expiration of the terms for which they were appointed. The
((governor)) director may remove a board member for just cause. The
((governor)) director may appoint a new member to fill a vacancy on the
board for the remainder of the unexpired term. All board members are
limited to two consecutive terms.
(4) Each board member is entitled to compensation for each day
spent conducting official business and to reimbursement for travel
expenses in accordance with RCW 43.03.240, 43.03.050, and 43.03.060.
Sec. 61 RCW 18.140.230 and 2005 c 339 s 19 are each amended to
read as follows:
There is established the real estate appraiser ((commission))
advisory committee of the state of Washington, consisting of seven
members who shall act to give advice to the director.
(1) The seven ((commission)) advisory committee members shall be
appointed by the ((governor)) director in the following manner: For a
term of six years each, with the exception of the first appointees who
shall be the incumbent members of the predecessor real estate appraiser
advisory committee to serve for the duration of their current terms,
with all other subsequent appointees to be appointed for a six-year
term.
(2) At least two of the ((commission)) committee members shall be
selected from the area of the state east of the Cascade mountain range
and at least two of the ((commission)) committee members shall be
selected from the area of the state west of the Cascade mountain range.
At least two members of the ((commission)) committee shall be certified
general real estate appraisers, at least two members of the
((commission)) committee shall be certified residential real estate
appraisers, and at least one member of the ((commission)) committee may
be a licensed real estate appraiser, all pursuant to this chapter. No
certified or licensed appraiser ((commission)) committee member shall
be appointed who has not been certified and/or licensed pursuant to
this chapter for less than ten years, except that this experience
duration shall be not less than five years only for any ((commission))
committee member taking office before January 1, 2003. One member
shall be an employee of a financial institution as defined in this
chapter whose duties are concerned with real estate appraisal
management and policy. One member shall be an individual engaged in
mass appraisal whose duties are concerned with ad valorem appraisal
management and policy and who is licensed or certified under this
chapter. One member may be a member of the general public.
(3) The members of the ((commission)) advisory committee annually
shall elect their chairperson and vice chairperson to serve for a term
of one calendar year. A majority of the members of ((said commission))
the advisory committee shall at all times constitute a quorum.
(4) Any vacancy on the ((commission)) committee shall be filled by
appointment by the ((governor)) director for the unexpired term.
Sec. 62 RCW 18.140.010 and 2005 c 339 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) "Advisory committee" means the real estate appraiser advisory
committee created in RCW 18.140.230.
(2) "Appraisal" means the act or process of estimating value; an
estimate of value; or of or pertaining to appraising and related
functions.
(((2))) (3) "Appraisal report" means any communication, written or
oral, of an appraisal, review, or consulting service in accordance with
the standards of professional conduct or practice, adopted by the
director, that is transmitted to the client upon completion of an
assignment.
(((3))) (4) "Appraisal assignment" means an engagement for which an
appraiser is employed or retained to act, or would be perceived by
third parties or the public as acting, as a disinterested third party
in rendering an unbiased analysis, opinion, or conclusion relating to
the value of specified interests in, or aspects of, identified real
estate. The term "appraisal assignment" may apply to valuation work
and analysis work.
(((4))) (5) "Brokers price opinion" means an oral or written report
of property value that is prepared by a real estate broker or
salesperson licensed under chapter 18.85 RCW.
(((5))) (6) "Client" means any party for whom an appraiser performs
a service.
(((6) "Commission" means the real estate appraiser commission of
the state of Washington.))
(7) "Comparative market analysis" means a brokers price opinion.
(8) "Department" means the department of licensing.
(9) "Director" means the director of the department of licensing.
(10) "Expert review appraiser" means a state-certified or state-licensed real estate appraiser chosen by the director for the purpose
of providing appraisal review assistance to the director.
(11) "Federal department" means an executive department of the
United States of America specifically concerned with housing finance
issues, such as the department of housing and urban development, the
department of veterans affairs, or their legal federal successors.
(12) "Federal financial institutions regulatory agency" means the
board of governors of the federal reserve system, the federal deposit
insurance corporation, the office of the comptroller of the currency,
the office of thrift supervision, the national credit union
administration, their successors and/or such other agencies as may be
named in future amendments to 12 U.S.C. Sec. 3350(6).
(13) "Federal secondary mortgage marketing agency" means the
federal national mortgage association, the government national mortgage
association, the federal home loan mortgage corporation, their
successors and/or such other similarly functioning housing finance
agencies as may be federally chartered in the future.
(14) "Federally related transaction" means any real estate-related
financial transaction that the federal financial institutions
regulatory agency or the resolution trust corporation engages in,
contracts for, or regulates; and that requires the services of an
appraiser.
(15) "Financial institution" means any person doing business under
the laws of this state or the United States relating to banks, bank
holding companies, savings banks, trust companies, savings and loan
associations, credit unions, consumer loan companies, and the
affiliates, subsidiaries, and service corporations thereof.
(16) "Mortgage broker" for the purpose of this chapter means a
mortgage broker licensed under chapter 19.146 RCW, any mortgage broker
approved and subject to audit by the federal national mortgage
association, the government national mortgage association, or the
federal home loan mortgage corporation as provided in RCW 19.146.020,
any mortgage broker approved by the United States secretary of housing
and urban development for participation in any mortgage insurance under
the national housing act, 12 U.S.C. Sec. 1201, and the affiliates,
subsidiaries, and service corporations thereof.
(17) "Real estate" means an identified parcel or tract of land,
including improvements, if any.
(18) "Real estate-related financial transaction" means any
transaction involving:
(a) The sale, lease, purchase, investment in, or exchange of real
property, including interests in property, or the financing thereof;
(b) The refinancing of real property or interests in real property;
and
(c) The use of real property or interests in property as security
for a loan or investment, including mortgage-backed securities.
(19) "Real property" means one or more defined interests, benefits,
or rights inherent in the ownership of real estate.
(20) "Review" means the act or process of critically studying an
appraisal report prepared by another.
(21) "Specialized appraisal services" means all appraisal services
that do not fall within the definition of appraisal assignment. The
term "specialized appraisal service" may apply to valuation work and to
analysis work. Regardless of the intention of the client or employer,
if the appraiser would be perceived by third parties or the public as
acting as a disinterested third party in rendering an unbiased
analysis, opinion, or conclusion, the work is classified as an
appraisal assignment and not a specialized appraisal service.
(22) "State-certified general real estate appraiser" means a person
certified by the director to develop and communicate real estate
appraisals of all types of property. A state-certified general real
estate appraiser may designate or identify an appraisal rendered by him
or her as a "certified appraisal."
(23) "State-certified residential real estate appraiser" means a
person certified by the director to develop and communicate real estate
appraisals of all types of residential property of one to four units
without regard to transaction value or complexity and nonresidential
property having a transaction value as specified in rules adopted by
the director. A state certified residential real estate appraiser may
designate or identify an appraisal rendered by him or her as a
"certified appraisal."
(24) "State-licensed real estate appraiser" means a person licensed
by the director to develop and communicate real estate appraisals of
noncomplex one to four residential units and complex one to four
residential units and nonresidential property having transaction values
as specified in rules adopted by the director.
(25) "State-registered appraiser trainee," "trainee," or "trainee
real estate appraiser" means a person registered by the director under
RCW 18.140.280 to develop and communicate real estate appraisals under
the immediate and personal direction of a state-certified real estate
appraiser. Appraisals are limited to those types of properties that
the supervisory appraiser is permitted by their current credential, and
that the supervisory appraiser is competent and qualified to appraise.
By signing the appraisal report, or being identified in the
certification or addenda as having lent significant professional
assistance, the state-registered appraiser trainee accepts total and
complete individual responsibility for all content, analyses, and
conclusions in the report.
(26) "Supervisory appraiser" means a person holding a currently
valid certificate issued by the director as a state-certified real
estate appraiser providing direct supervision to another state-certified, state-licensed, or state-registered appraiser trainee. The
supervisory appraiser must be in good standing in each jurisdiction
that he or she is credentialed. The supervisory appraiser must sign
all appraisal reports. By signing the appraisal report, the
supervisory appraiser accepts full responsibility for all content,
analyses, and conclusions in the report.
Sec. 63 RCW 18.140.240 and 2000 c 249 s 4 are each amended to
read as follows:
The members of the real estate appraiser ((commission)) advisory
committee and its individual members shall have the following duties
and responsibilities:
(1) To meet at the call of the director or upon its own initiative
at the call of its chair or a majority of its members;
(2) To adopt a mission statement, and to serve as a liaison between
appraisal practitioners, the public, and the department; and
(3) To study and recommend changes to this chapter to the director
or to the legislature.
Sec. 64 RCW 9.94A.860 and 2001 2nd sp.s. c 12 s 311 are each
amended to read as follows:
(1) The commission consists of twenty voting members, one of whom
the ((governor)) secretary of the department shall designate as
chairperson. With the exception of ex officio voting members, the
voting members of the commission shall be appointed by the ((governor,
subject to confirmation by the senate)) secretary of the department.
(2) The voting membership consists of the following:
(a) The head of the state agency having general responsibility for
adult correction programs, as an ex officio member;
(b) The director of financial management or designee, as an ex
officio member;
(c) The chair of the indeterminate sentence review board, as an ex
officio member;
(d) The head of the state agency, or the agency head's designee,
having responsibility for juvenile corrections programs, as an ex
officio member;
(e) Two prosecuting attorneys;
(f) Two attorneys with particular expertise in defense work;
(g) Four persons who are superior court judges;
(h) One person who is the chief law enforcement officer of a county
or city;
(i) Four members of the public who are not prosecutors, defense
attorneys, judges, or law enforcement officers, one of whom is a victim
of crime or a crime victims' advocate;
(j) One person who is an elected official of a county government,
other than a prosecuting attorney or sheriff;
(k) One person who is an elected official of a city government;
(l) One person who is an administrator of juvenile court services.
In making the appointments, the ((governor)) secretary of the
department shall endeavor to assure that the commission membership
includes adequate representation and expertise relating to both the
adult criminal justice system and the juvenile justice system. In
making the appointments, the ((governor)) secretary of the department
shall seek the recommendations of Washington prosecutors in respect to
the prosecuting attorney members, of the Washington state bar
association in respect to the defense attorney members, of the
association of superior court judges in respect to the members who are
judges, of the Washington association of sheriffs and police chiefs in
respect to the member who is a law enforcement officer, of the
Washington state association of counties in respect to the member who
is a county official, of the association of Washington cities in
respect to the member who is a city official, of the office of crime
victims advocacy and other organizations of crime victims in respect to
the member who is a victim of crime or a crime victims' advocate, and
of the Washington association of juvenile court administrators in
respect to the member who is an administrator of juvenile court
services.
(3)(a) All voting members of the commission, except ex officio
voting members, shall serve terms of three years and until their
successors are appointed and confirmed.
(b) The ((governor)) secretary of the department shall stagger the
terms of the members appointed under subsection (2)(j), (k), and (l) of
this section by appointing one of them for a term of one year, one for
a term of two years, and one for a term of three years.
(4) The speaker of the house of representatives and the president
of the senate may each appoint two nonvoting members to the commission,
one from each of the two largest caucuses in each house. The members
so appointed shall serve two-year terms, or until they cease to be
members of the house from which they were appointed, whichever occurs
first.
(5) The members of the commission shall be reimbursed for travel
expenses as provided in RCW 43.03.050 and 43.03.060. Legislative
members shall be reimbursed by their respective houses as provided
under RCW 44.04.120. Members shall be compensated in accordance with
RCW 43.03.250.
Sec. 65 RCW 18.44.011 and 2010 c 34 s 1 are each reenacted and
amended to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Committee" means the escrow advisory committee of the state of
Washington created by RCW 18.44.500.
(2) "Controlling person" is any person who owns or controls ten
percent or more of the beneficial ownership of any escrow agent,
regardless of the form of business organization employed and regardless
of whether such interest stands in such person's true name or in the
name of a nominee.
(((2))) (3) "Department" means the department of financial
institutions.
(((3))) (4) "Designated escrow officer" means any licensed escrow
officer designated by a licensed escrow agent and approved by the
director as the licensed escrow officer responsible for supervising
that agent's handling of escrow transactions, management of the agent's
trust account, and supervision of all other licensed escrow officers
employed by the agent.
(((4))) (5) "Director" means the director of financial
institutions, or his or her duly authorized representative.
(((5))) (6) "Director of licensing" means the director of the
department of licensing, or his or her duly authorized representative.
(((6))) (7) "Escrow" means any transaction, except the acts of a
qualified intermediary in facilitating an exchange under section 1031
of the internal revenue code, wherein any person or persons, for the
purpose of effecting and closing the sale, purchase, exchange,
transfer, encumbrance, or lease of real or personal property to another
person or persons, delivers any written instrument, money, evidence of
title to real or personal property, or other thing of value to a third
person to be held by such third person until the happening of a
specified event or the performance of a prescribed condition or
conditions, when it is then to be delivered by such third person, in
compliance with instructions under which he or she is to act, to a
grantee, grantor, promisee, promisor, obligee, obligor, lessee, lessor,
bailee, bailor, or any agent or employee thereof.
(((7))) (8) "Escrow agent" means any person engaged in the business
of performing for compensation the duties of the third person referred
to in subsection (((6))) (7) of this section.
(((8) "Escrow commission" means the escrow commission of the state
of Washington created by RCW 18.44.500.))
(9) "Licensed escrow agent" means any sole proprietorship, firm,
association, partnership, or corporation holding a license as an escrow
agent under the provisions of this chapter.
(10) "Licensed escrow officer" means any natural person handling
escrow transactions and licensed as such by the director.
(11) "Person" means a natural person, firm, association,
partnership, corporation, limited liability company, or the plural
thereof, whether resident, nonresident, citizen, or not.
(12) "Split escrow" means a transaction in which two or more escrow
agents act to effect and close an escrow transaction.
Sec. 66 RCW 18.44.221 and 1999 c 30 s 31 are each amended to read
as follows:
The director shall, within thirty days after ((the)) a written
request ((of the escrow commission)), hold a public hearing to
determine whether the fidelity bond, surety bond, and/or the errors and
omissions policy specified in RCW 18.44.201 is reasonably available to
a substantial number of licensed escrow agents. If the director
determines and the insurance commissioner concurs that such bond or
bonds and/or policy is not reasonably available, the director shall
waive the requirements for such bond or bonds and/or policy for a fixed
period of time.
Sec. 67 RCW 18.44.251 and 1995 c 238 s 5 are each amended to read
as follows:
A request for a waiver of the required errors and omissions policy
may be accomplished under the statute by submitting to the director an
affidavit that substantially addresses the following:
Sec. 68 RCW 18.44.195 and 2010 c 34 s 9 are each amended to read
as follows:
(1) Any person desiring to become a licensed escrow officer must
successfully pass an examination as required by the director.
(2) The examination shall be in such form as prescribed by the
director with the advice of the ((escrow commission)) committee.
Sec. 69 RCW 18.44.510 and 1984 c 287 s 37 are each amended to
read as follows:
The ((escrow commission)) committee members shall each be
compensated in accordance with RCW 43.03.240 and shall be reimbursed
for travel expenses as provided for state officials and employees in
RCW 43.03.050 and 43.03.060, when called into session by the director
or when otherwise engaged in the business of the ((commission))
committee.
Sec. 70 RCW 18.44.500 and 1995 c 238 s 3 are each amended to read
as follows:
There is established ((an escrow commission)) a committee of the
state of Washington, to consist of the director of financial
institutions or his or her designee as ((chairman)) chair, and five
other members who shall act as advisors to the director as to the needs
of the escrow profession, including but not limited to the design and
conduct of tests to be administered to applicants for escrow licenses,
the schedule of license fees to be applied to the escrow licensees,
educational programs, audits and investigations of the escrow
profession designed to protect the consumer, and such other matters
determined appropriate. The director is hereby empowered to and shall
appoint the other members, each of whom shall have been a resident of
this state for at least five years and shall have at least five years
experience in the practice of escrow as an escrow agent or as a person
in responsible charge of escrow transactions.
((The members of the first commission shall serve for the following
terms: One member for one year, one member for two years, one member
for three years, one member for four years, and one member for five
years, from the date of their appointment, or until their successors
are duly appointed and qualified.)) Every member of the ((commission))
committee shall receive a certificate of appointment from the director
and before beginning the member's term of office shall file with the
secretary of state a written oath or affirmation for the faithful
discharge of the member's official duties. On the expiration of the
term of each member, the director shall appoint a successor to serve
for a term of five years or until the member's successor has been
appointed and qualified.
The director may remove any member of the ((commission)) committee
for cause. Vacancies in the ((commission)) committee for any reason
shall be filled by appointment for the unexpired term.
Members shall be compensated in accordance with RCW 43.03.240, and
shall be reimbursed for their travel expenses incurred in carrying out
the provisions of this chapter in accordance with RCW 43.03.050 and
43.03.060.
Sec. 71 RCW 15.76.170 and 2010 c 8 s 6100 are each amended to
read as follows:
There is hereby created a fairs ((commission)) advisory committee
to consist of the director of agriculture as ex officio member and
chair, and seven members appointed by the director to be persons who
are interested in fair activities; at least three of whom shall be from
the east side of the Cascades and three from the west side of the
Cascades and one member at large. ((The first appointment shall be:
Three for a one year term, two for a two year term, and two for a three
year term, and thereafter the appointments shall be for three year
terms.))
Appointed members of the ((commission)) committee shall be
compensated in accordance with RCW 43.03.240 and shall be reimbursed
for travel expenses, in accordance with RCW 43.03.050 and 43.03.060
payable on proper vouchers submitted to and approved by the director,
and payable from that portion of the state fair fund set aside for
administrative costs under this chapter. The ((commission)) committee
shall meet at the call of the chair, but at least annually. It shall
be the duty of the commission to act as an advisory committee to the
director((, to assist in the preparation of the merit rating used in
determining allocations to be made to fairs, and to perform such other
duties as may be required by the director from time to time)).
Sec. 72 RCW 15.76.110 and 1961 c 61 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) "Director" ((shall)) means the director of agriculture.
(("Commission" shall mean the fairs commission created by this
chapter.))
(2) "State allocations" ((shall)) means allocations from the state
fair fund.
Sec. 73 RCW 15.76.110 and 1961 c 61 s 2 are each amended to read
as follows:
"Director" ((shall)) means the director of agriculture.
(("Commission" shall)) "Committee" means the fairs ((commission))
advisory committee created by this chapter. "State allocations"
((shall)) means allocations from the state fair fund.
Sec. 74 RCW 16.57.015 and 2003 c 326 s 3 are each amended to read
as follows:
(1) The director shall establish a livestock identification
advisory ((board)) committee. The ((board)) committee shall be
composed of six members appointed by the director. One member shall
represent each of the following groups: Beef producers, public
livestock market operators, horse owners, dairy farmers, cattle
feeders, and meat processors. As used in this subsection, "meat
processor" means a person licensed to operate a slaughtering
establishment under chapter 16.49 RCW or the federal meat inspection
act (21 U.S.C. Sec. 601 et seq.). In making appointments, the director
shall solicit nominations from organizations representing these groups
statewide. The ((board)) committee shall elect a member to serve as
chair of the ((board)) committee.
(2) The purpose of the ((board)) committee is to provide advice to
the director regarding livestock identification programs administered
under this chapter and regarding inspection fees and related licensing
fees. The director shall consult the ((board)) committee before
adopting, amending, or repealing a rule under this chapter or altering
a fee under RCW 16.58.050, 16.65.030, 16.65.037, or 16.65.090. If the
director publishes in the state register a proposed rule to be adopted
under the authority of this chapter and the rule has not received the
approval of the advisory ((board)) committee, the director shall file
with the ((board)) committee a written statement setting forth the
director's reasons for proposing the rule without the ((board's))
committee's approval.
(3) The members of the advisory ((board)) committee serve three-year terms. However, the director shall by rule provide shorter
initial terms for some of the members of the ((board)) committee to
stagger the expiration of the initial terms. The members serve without
compensation. The director may authorize the expenses of a member to
be reimbursed if the member is selected to attend a regional or
national conference or meeting regarding livestock identification. Any
such reimbursement shall be in accordance with RCW 43.03.050 and
43.03.060.
Sec. 75 RCW 16.57.353 and 2004 c 233 s 1 are each amended to read
as follows:
(1) The director may adopt rules:
(a) To support the agriculture industry in meeting federal
requirements for the country-of-origin labeling of meat. Any
requirements established under this subsection for country of origin
labeling purposes shall be substantially consistent with and shall not
exceed the requirements established by the United States department of
agriculture; and
(b) In consultation with the livestock identification advisory
((board)) committee under RCW 16.57.015, to implement federal
requirements for animal identification needed to trace the source of
livestock for disease control and response purposes.
(2) The director may cooperate with and enter into agreements with
other states and agencies of federal government to carry out such
systems and to promote consistency of regulation.
Sec. 76 RCW 43.03.220 and 2010 1st sp.s. c 7 s 142 are each
amended to read as follows:
(1) Any part-time board, commission, council, committee, or other
similar group which is established by the executive, legislative, or
judicial branch to participate in state government and which functions
primarily in an advisory, coordinating, or planning capacity shall be
identified as a class one group.
(2) Absent any other provision of law to the contrary, no money
beyond the customary reimbursement or allowance for expenses may be
paid by or through the state to members of class one groups for
attendance at meetings of such groups.
(3) ((Beginning July 1, 2010, through June 30, 2011,)) (a) No
person designated as a member of a class one board, commission,
council, committee, or similar group may receive an allowance for
subsistence, lodging, or travel expenses if the allowance cost is
funded by the state general fund. Exceptions may be granted under
section ((605, chapter 3, Laws of 2010)) 86 of this act. Class one
groups, when feasible, shall use an alternative means of conducting a
meeting that does not require travel while still maximizing member and
public participation and may use a meeting format that requires members
to be physically present at one location only when necessary or
required by law. Meetings that require a member's physical presence at
one location must be held in state facilities whenever possible, and
meetings conducted using private facilities must be approved by the
director of the office of financial management.
(((4) Beginning July 1, 2010, through June 30, 2011,)) (b) Class
one groups that are funded by sources other than the state general fund
are encouraged to reduce travel, lodging, and other costs associated
with conducting the business of the group including use of other
meeting formats that do not require travel.
Sec. 77 RCW 43.03.230 and 2010 1st sp.s. c 7 s 143 are each
amended to read as follows:
(1) Any agricultural commodity board or commission established
pursuant to Title 15 or 16 RCW shall be identified as a class two group
for purposes of compensation.
(2) Except as otherwise provided in this section, each member of a
class two group is eligible to receive compensation in an amount not to
exceed one hundred dollars for each day during which the member attends
an official meeting of the group or performs statutorily prescribed
duties approved by the chairperson of the group. A person shall not
receive compensation for a day of service under this section if the
person (a) occupies a position, normally regarded as full-time in
nature, in any agency of the federal government, Washington state
government, or Washington state local government; and (b) receives any
compensation from such government for working that day.
(3) Compensation may be paid a member under this section only if it
is authorized under the law dealing in particular with the specific
group to which the member belongs or dealing in particular with the
members of that specific group.
(4) ((Beginning July 1, 2010, through June 30, 2011,)) No person
designated as a member of a class two board, commission, council,
committee, or similar group may receive an allowance for subsistence,
lodging, or travel expenses if the allowance cost is funded by the
state general fund. Exceptions may be granted under section ((605,
chapter 3, Laws of 2010)) 86 of this act. Class two groups, when
feasible, shall use an alternative means of conducting a meeting that
does not require travel while still maximizing member and public
participation and may use a meeting format that requires members to be
physically present at one location only when necessary or required by
law. Meetings that require a member's physical presence at one
location must be held in state facilities whenever possible, and
meetings conducted using private facilities must be approved by the
director of the office of financial management.
(5) ((Beginning July 1, 2010, through June 30, 2011,)) Class two
groups that are funded by sources other than the state general fund are
encouraged to reduce travel, lodging, and other costs associated with
conducting the business of the group including use of other meeting
formats that do not require travel.
Sec. 78 RCW 43.03.240 and 2010 1st sp.s. c 7 s 144 are each
amended to read as follows:
(1) Any part-time, statutory board, commission, council, committee,
or other similar group which has rule-making authority, performs quasi
judicial functions, has responsibility for the administration or policy
direction of a state agency or program, or performs regulatory or
licensing functions with respect to a specific profession, occupation,
business, or industry shall be identified as a class three group for
purposes of compensation.
(2) Except as otherwise provided in this section, each member of a
class three group is eligible to receive compensation in an amount not
to exceed fifty dollars for each day during which the member attends an
official meeting of the group or performs statutorily prescribed duties
approved by the chairperson of the group. A person shall not receive
compensation for a day of service under this section if the person (a)
occupies a position, normally regarded as full-time in nature, in any
agency of the federal government, Washington state government, or
Washington state local government; and (b) receives any compensation
from such government for working that day.
(3) Compensation may be paid a member under this section only if it
is authorized under the law dealing in particular with the specific
group to which the member belongs or dealing in particular with the
members of that specific group.
(4) ((Beginning July 1, 2010, through June 30, 2011,)) No person
designated as a member of a class three board, commission, council,
committee, or similar group may receive an allowance for subsistence,
lodging, or travel expenses if the allowance cost is funded by the
state general fund. Exceptions may be granted under section ((605,
chapter 3, Laws of 2010)) 86 of this act. Class three groups, when
feasible, shall use an alternative means of conducting a meeting that
does not require travel while still maximizing member and public
participation and may use a meeting format that requires members to be
physically present at one location only when necessary or required by
law. Meetings that require a member's physical presence at one
location must be held in state facilities whenever possible, and
meetings conducted using private facilities must be approved by the
director of the office of financial management.
(5) ((Beginning July 1, 2010, through June 30, 2011,)) Class three
groups that are funded by sources other than the state general fund are
encouraged to reduce travel, lodging, and other costs associated with
conducting the business of the group including use of other meeting
formats that do not require travel.
Sec. 79 RCW 43.03.250 and 2010 1st sp.s. c 7 s 145 are each
amended to read as follows:
(1) A part-time, statutory board, commission, council, committee,
or other similar group shall be identified as a class four group for
purposes of compensation if the group:
(a) Has rule-making authority, performs quasi-judicial functions,
or has responsibility for the administration or policy direction of a
state agency or program;
(b) Has duties that are deemed by the legislature to be of
overriding sensitivity and importance to the public welfare and the
operation of state government; and
(c) Requires service from its members representing a significant
demand on their time that is normally in excess of one hundred hours of
meeting time per year.
(2) Each member of a class four group is eligible to receive
compensation in an amount not to exceed one hundred dollars for each
day during which the member attends an official meeting of the group or
performs statutorily prescribed duties approved by the chairperson of
the group. A person shall not receive compensation for a day of
service under this section if the person (a) occupies a position,
normally regarded as full-time in nature, in any agency of the federal
government, Washington state government, or Washington state local
government; and (b) receives any compensation from such government for
working that day.
(3) Compensation may be paid a member under this section only if it
is authorized under the law dealing in particular with the specific
group to which the member belongs or dealing in particular with the
members of that specific group.
(4) ((Beginning July 1, 2010, through June 30, 2011,)) Class four
groups, when feasible, shall use an alternative means of conducting a
meeting that does not require travel while still maximizing member and
public participation and may use a meeting format that requires members
to be physically present at one location only when necessary or
required by law. Meetings that require a member's physical presence at
one location must be held in state facilities whenever possible, and
meetings conducted using private facilities must be approved by the
director of the office of financial management.
Sec. 80 RCW 43.03.265 and 2010 1st sp.s. c 7 s 146 are each
amended to read as follows:
(1) Any part-time commission that has rule-making authority,
performs quasi-judicial functions, has responsibility for the policy
direction of a health profession credentialing program, and performs
regulatory and licensing functions with respect to a health care
profession licensed under Title 18 RCW shall be identified as a class
five group for purposes of compensation.
(2) Except as otherwise provided in this section, each member of a
class five group is eligible to receive compensation in an amount not
to exceed two hundred fifty dollars for each day during which the
member attends an official meeting of the group or performs statutorily
prescribed duties approved by the chairperson of the group. A person
shall not receive compensation for a day of service under this section
if the person (a) occupies a position, normally regarded as full-time
in nature, in any agency of the federal government, Washington state
government, or Washington state local government; and (b) receives any
compensation from such government for working that day.
(3) Compensation may be paid a member under this section only if it
is necessarily incurred in the course of authorized business consistent
with the responsibilities of the commission established by law.
(4) ((Beginning July 1, 2010, through June 30, 2011,)) No person
designated as a member of a class five board, commission, council,
committee, or similar group may receive an allowance for subsistence,
lodging, or travel expenses if the allowance cost is funded by the
state general fund. Exceptions may be granted under section ((605,
chapter 3, Laws of 2010)) 86 of this act. Class five groups, when
feasible, shall use an alternative means of conducting a meeting that
does not require travel while still maximizing member and public
participation and may use a meeting format that requires members to be
physically present at one location only when necessary or required by
law. Meetings that require a member's physical presence at one
location must be held in state facilities whenever possible, and
meetings conducted using private facilities must be approved by the
director of the office of financial management.
(5) ((Beginning July 1, 2010, through June 30, 2011,)) Class five
groups that are funded by sources other than the state general fund are
encouraged to reduce travel, lodging, and other costs associated with
conducting the business of the group including use of other meeting
formats that do not require travel.
NEW SECTION. Sec. 81 A new section is added to chapter 39.29 RCW
to read as follows:
Except under a specific statute to the contrary, agencies are
prohibited from entering into personal service contracts with members
of any agency board, commission, council, committee, or other similar
group formed to advise the activities and management of state
government for services related to work done as a member of the agency
board, commission, council, committee, or other similar group.
NEW SECTION. Sec. 82 A new section is added to chapter 28A.300
RCW to read as follows:
In addition to any board, commission, council, committee, or other
similar group established by statute or executive order, the
superintendent of public instruction may appoint advisory groups on
subject matters within the superintendent's responsibilities or as may
be required by any federal legislation as a condition to the receipt of
federal funds by the federal department. The advisory groups shall be
constituted as required by federal law or as the superintendent may
determine.
Members of advisory groups under the authority of the
superintendent may be paid their travel expenses in accordance with RCW
43.03.050 and 43.03.060.
Except as provided in this section, members of advisory groups
under the authority of the superintendent are volunteering their
services and are not eligible for compensation. A person is eligible
to receive compensation in an amount not to exceed one hundred dollars
for each day during which the member attends an official meeting of the
group or performs statutorily prescribed duties approved by the
chairperson of the group if the person (1) occupies a position,
normally regarded as full-time in nature, as a certificated employee of
a local school district; (2) is participating as part of their
employment with the local school district; and (3) the meeting or
duties are performed outside the period in which school days as defined
by RCW 28A.150.030 are conducted. The superintendent may reimburse
local school districts for substitute certificated employees to enable
members to meet or perform duties on school days. A person is eligible
to receive compensation from federal funds in an amount to be
determined by personal service contract for groups required by federal
law.
Sec. 83 RCW 28A.290.010 and 2010 c 236 s 15 and 2010 c 234 s 4
are each reenacted and amended to read as follows:
(1) The quality education council is created to recommend and
inform the ongoing implementation by the legislature of an evolving
program of basic education and the financing necessary to support such
program. The council shall develop strategic recommendations on the
program of basic education for the common schools. The council shall
take into consideration the capacity report produced under RCW
28A.300.172 and the availability of data and progress of implementing
the data systems required under RCW 28A.655.210. Any recommendations
for modifications to the program of basic education shall be based on
evidence that the programs effectively support student learning. The
council shall update the statewide strategic recommendations every four
years. The recommendations of the council are intended to:
(a) Inform future educational policy and funding decisions of the
legislature and governor;
(b) Identify measurable goals and priorities for the educational
system in Washington state for a ten-year time period, including the
goals of basic education and ongoing strategies for coordinating
statewide efforts to eliminate the achievement gap and reduce student
dropout rates; and
(c) Enable the state of Washington to continue to implement an
evolving program of basic education.
(2) The council may request updates and progress reports from the
office of the superintendent of public instruction, the state board of
education, the professional educator standards board, and the
department of early learning on the work of the agencies as well as
educational working groups established by the legislature.
(3) The chair of the council shall be selected from the
councilmembers. The council shall be composed of the following
members:
(a) Four members of the house of representatives, with two members
representing each of the major caucuses and appointed by the speaker of
the house of representatives;
(b) Four members of the senate, with two members representing each
of the major caucuses and appointed by the president of the senate;
(c) One representative each from the office of the governor, office
of the superintendent of public instruction, state board of education,
professional educator standards board, and department of early
learning; and
(d) One nonlegislative representative from the achievement gap
oversight and accountability advisory committee established under RCW
28A.300.136, to be selected by the members of the committee.
(4) ((In the 2009 fiscal year, the council shall meet as often as
necessary as determined by the chair. In subsequent years, the council
shall meet no more than four times a year.))(a) The council shall submit an initial report to the governor
and the legislature by January 1, 2010, detailing its recommendations,
including recommendations for resolving issues or decisions requiring
legislative action during the 2010 legislative session, and
recommendations for any funding necessary to continue development and
implementation of chapter 548, Laws of 2009.
(5)
(b) The initial report shall, at a minimum, include:
(i) Consideration of how to establish a statewide beginning teacher
mentoring and support system;
(ii) Recommendations for a program of early learning for at-risk
children;
(iii) A recommended schedule for the concurrent phase-in of the
changes to the instructional program of basic education and the
implementation of the funding formulas and allocations to support the
new instructional program of basic education as established under
chapter 548, Laws of 2009. The phase-in schedule shall have full
implementation completed by September 1, 2018; and
(iv) A recommended schedule for phased-in implementation of the new
distribution formula for allocating state funds to school districts for
the transportation of students to and from school, with phase-in
beginning no later than September 1, 2013.
(((6))) (5) The council shall submit a report to the legislature by
January 1, 2012, detailing its recommendations for a comprehensive plan
for a voluntary program of early learning. Before submitting the
report, the council shall seek input from the early learning advisory
council created in RCW 43.215.090.
(((7))) (6) The council shall submit a report to the governor and
the legislature by December 1, 2010, that includes:
(a) Recommendations for specific strategies, programs, and funding,
including funding allocations through the funding distribution formula
in RCW 28A.150.260, that are designed to close the achievement gap and
increase the high school graduation rate in Washington public schools.
The council shall consult with the achievement gap oversight and
accountability advisory committee and the building bridges work group
in developing its recommendations; and
(b) Recommendations for assuring adequate levels of state-funded
classified staff to support essential school and district services.
(((8))) (7) The council shall be staffed by the office of the
superintendent of public instruction and the office of financial
management. Additional staff support shall be provided by the state
entities with representatives on the council. Senate committee
services and the house of representatives office of program research
may provide additional staff support.
(((9))) (8) Legislative members of the council shall serve without
additional compensation but may be reimbursed for travel expenses in
accordance with RCW 44.04.120 while attending sessions of the council
or on official business authorized by the council. Nonlegislative
members of the council may be reimbursed for travel expenses in
accordance with RCW 43.03.050 and 43.03.060.
Sec. 84 RCW 43.03.050 and 2010 1st sp.s. c 7 s 141 are each
amended to read as follows:
(1) The director of financial management shall prescribe reasonable
allowances to cover reasonable and necessary subsistence and lodging
expenses for elective and appointive officials and state employees
while engaged on official business away from their designated posts of
duty. The director of financial management may prescribe and regulate
the allowances provided in lieu of subsistence and lodging expenses and
may prescribe the conditions under which reimbursement for subsistence
and lodging may be allowed. The schedule of allowances adopted by the
office of financial management may include special allowances for
foreign travel and other travel involving higher than usual costs for
subsistence and lodging. The allowances established by the director
shall not exceed the rates set by the federal government for federal
employees. However, during the 2003-05 fiscal biennium, the allowances
for any county that is part of a metropolitan statistical area, the
largest city of which is in another state, shall equal the allowances
prescribed for that larger city.
(2) Those persons appointed to serve without compensation on any
state board, commission, or committee, if entitled to payment of travel
expenses, shall be paid pursuant to special per diem rates prescribed
in accordance with subsection (1) of this section by the office of
financial management.
(3) The director of financial management may prescribe reasonable
allowances to cover reasonable expenses for meals, coffee, and light
refreshment served to elective and appointive officials and state
employees regardless of travel status at a meeting where: (a) The
purpose of the meeting is to conduct official state business or to
provide formal training to state employees or state officials; (b) the
meals, coffee, or light refreshment are an integral part of the meeting
or training session; (c) the meeting or training session takes place
away from the employee's or official's regular workplace; and (d) the
agency head or authorized designee approves payments in advance for the
meals, coffee, or light refreshment. In order to prevent abuse, the
director may regulate such allowances and prescribe additional
conditions for claiming the allowances.
(4) Upon approval of the agency head or authorized designee, an
agency may serve coffee or light refreshments at a meeting where: (a)
The purpose of the meeting is to conduct state business or to provide
formal training that benefits the state; and (b) the coffee or light
refreshment is an integral part of the meeting or training session.
The director of financial management shall adopt requirements necessary
to prohibit abuse of the authority authorized in this subsection.
(5) The schedule of allowances prescribed by the director under the
terms of this section and any subsequent increases in any maximum
allowance or special allowances for areas of higher than usual costs
shall be reported to the ways and means committees of the house of
representatives and the senate at each regular session of the
legislature.
(6) ((Beginning July 1, 2010, through June 30, 2011,)) No person
designated as a member of a class one through class three or class five
board, commission, council, committee, or similar group may receive an
allowance for subsistence, lodging, or travel expenses if the allowance
cost is funded by the state general fund. Exceptions may be granted
under section ((605, chapter 3, Laws of 2010)) 86 of this act.
Sec. 85 RCW 43.03.060 and 1990 c 30 s 2 are each amended to read
as follows:
(1) Whenever it becomes necessary for elective or appointive
officials or employees of the state to travel away from their
designated posts of duty while engaged on official business, and it is
found to be more advantageous or economical to the state that travel be
by a privately-owned vehicle rather than a common carrier or a state-owned or operated vehicle, a mileage rate established by the director
of financial management shall be allowed. The mileage rate established
by the director shall not exceed any rate set by the United States
treasury department above which the substantiation requirements
specified in Treasury Department Regulations section 1.274-5T(a)(1), as
now law or hereafter amended, will apply.
(2) The director of financial management may prescribe and regulate
the specific mileage rate or other allowance for the use of privately-owned vehicles or common carriers on official business and the
conditions under which reimbursement of transportation costs may be
allowed. The reimbursement or other payment for transportation
expenses of any employee or appointive official of the state shall be
based on the method deemed most advantageous or economical to the
state.
(3) The mileage rate established by the director of financial
management pursuant to this section and any subsequent changes thereto
shall be reported to the ways and means committees of the house of
representatives and the senate at each regular session of the
legislature.
(4) No person designated as a member of a class one through class
three or class five board, commission, council, committee, or similar
group may receive an allowance for subsistence, lodging, or travel
expenses if the allowance cost is funded by the state general fund.
Exceptions may be granted under section 86 of this act.
NEW SECTION. Sec. 86 A new section is added to chapter 43.03 RCW
to read as follows:
Exceptions to restrictions on subsistence, lodging, or travel
expenses under this chapter may be granted for the critically necessary
work of an agency. For agencies of the executive branch, the
exceptions shall be subject to approval by the director of financial
management or the director's designee. For agencies of the judicial
branch, the exceptions shall be subject to approval of the chief
justice of the supreme court. For the house of representatives and the
senate, the exceptions shall be subject to the approval of the chief
clerk of the house of representatives and the secretary of the senate,
respectively, under the direction of the senate committee on facilities
and operations and the executive rules committee of the house of
representatives. For other legislative agencies, the exceptions shall
be subject to approval of both the chief clerk of the house of
representatives and the secretary of the senate under the direction of
the senate committee on facilities and operations and the executive
rules committee of the house of representatives.
NEW SECTION. Sec. 87 Except for sections 81 and 82 of this act,
this act is necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government and its
existing public institutions, and takes effect July 1, 2011.