CERTIFICATION OF ENROLLMENT
ENGROSSED SENATE BILL 5316
Chapter 25, Laws of 2017
65th Legislature
2017 3rd Special Session
PROVISIONS NOT NECESSARY FOR PUBLICATION
EFFECTIVE DATE: October 19, 2017 -- Except for section 46, which becomes effective July 1, 2021.
ENGROSSED SENATE BILL 5316
AS AMENDED BY THE HOUSE
Passed Legislature - 2017 3rd Special Session
| | |
State of Washington | 65th Legislature | 2017 Regular Session |
By Senators Fortunato, Rossi, Rivers, Miloscia, Padden, Becker, Braun, Angel, Warnick, Schoesler, Brown, Zeiger, and Wilson
Read first time 01/20/17. Referred to Committee on State Government.
AN ACT Relating to the removal of provisions that are no longer necessary for continued publication in the Revised Code of Washington; amending RCW
43.88.0301,
43.320.017,
70.95.532,
80.01.080,
48.17.563,
48.18A.035,
48.25.140,
48.29.015,
48.31.115,
43.70.900,
29A.04.510,
35A.39.010,
44.05.080,
77.125.040,
47.06.110,
82.42.090,
82.80.070,
47.68.250,
47.68.250,
14.20.060,
82.44.190, and
43.84.092; reenacting and amending RCW
46.18.060; adding a new section to chapter
42.30 RCW; recodifying RCW
42.32.030; decodifying RCW
43.88.910,
43.105.902,
43.105.903,
43.320.012,
43.320.013,
43.320.014,
43.320.015,
43.320.016,
43.320.901,
15.15.900,
15.49.920,
15.49.950,
15.51.900,
15.54.930,
15.58.900,
15.58.901,
15.58.943,
41.58.900,
41.58.901,
50.06.010,
50.13.010,
50.13.910,
50.38.900,
50.38.902,
50.60.902,
50.65.905,
50.70.902,
50.98.080,
69.50.545,
69.50.606,
69.50.607,
28A.315.075,
43.215.903,
43.215.905,
48.20.322,
48.23.520,
29A.04.903,
29A.04.905,
35.98.020,
35.98.050,
35A.90.030,
35A.90.040,
42.56.901,
42.56.902,
42.56.903,
71A.10.805,
10.77.900,
10.77.920,
10.77.930,
71.05.910,
71.05.920,
71.05.930,
71.24.900,
71.34.901,
74.14B.900,
74.18.903,
5.45.920,
46.61.990,
77.15.902,
77.50.900,
77.65.900,
77.105.900,
43.31A.400,
43.63A.902,
43.63A.903,
43.41.035,
43.41.901,
43.41.940,
43.41.950,
43.41.981, and
43.88.910; repealing RCW
66.08.230,
66.08.250,
66.12.020,
69.50.1011,
28A.305.900,
28A.305.901,
28A.400.201,
28A.630.005,
70.94.505,
70.95H.005,
70.95H.007,
70.95H.010,
70.95H.030,
70.95H.040,
70.95H.050,
70.95H.900,
70.95N.270,
70.104.070,
70.104.090,
70.105A.035,
70.220.060,
80.36.901,
70.104.100,
30A.24.080,
31.04.185,
31.04.501,
31.45.095,
48.102.190,
35.13A.0301,
41.05.019,
41.05.230,
41.05.655,
70.22.005,
70.47A.010,
70.47A.020,
70.47A.030,
70.47A.040,
70.47A.050,
70.47A.060,
70.47A.070,
70.47A.080,
70.47A.090,
70.47A.100,
70.47A.110,
70.47A.901,
71A.20.190,
28B.65.010,
28B.65.020,
28B.65.030,
28B.65.040,
28B.65.050,
28B.65.060,
28B.65.070,
28B.65.080,
28B.65.110,
28B.65.900,
28B.65.905,
2.56.031,
10.77.810,
10.77.820,
71.24.055,
74.12.901,
74.12A.030,
74.13.017,
2.56.250,
9.04.040,
26.50.800,
43.30.8351,
76.01.080,
76.01.090,
76.09.380,
77.12.605,
77.12.710,
79A.20.005,
79A.20.010,
79A.20.030,
79A.20.900,
43.31.088,
43.31.522,
43.31.524,
43.31.800,
43.31.805,
43.31.810,
43.31.820,
43.31.830,
43.31.832,
43.31.833,
43.31.834,
43.31.840,
43.31.850,
43.374.005,
43.374.020,
47.01.141,
47.01.321,
47.01.350,
47.01.360,
47.01.400,
47.01.405,
47.01.406,
47.01.410,
47.01.418,
47.60.645,
47.78.010,
82.44.180,
82.80.040,
82.80.050,
82.80.060,
82.14.046, and
82.50.510; repealing 2009 c 548 s 302 and 2010 c 236 s 6 (uncodified); providing an effective date; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. RELATING TO ACCOUNTABILITY & REFORM. The following sections are decodified:
(1)
RCW 43.88.910 (Effective date
—1975 1st ex.s. c 293);
(4)
RCW 43.320.012 (Department of general administration and department of licensing equipment, records, funds transferred);
(5)
RCW 43.320.013 (Department of general administration and department of licensing civil service employees transferred);
(6)
RCW 43.320.014 (Department of general administration or department of licensing rules, business, contracts, and obligations continued);
(7)
RCW 43.320.015 (Department of general administration and department of licensing
—Validity of acts);
(8)
RCW 43.320.016 (Apportionment of budgeted funds); and
Sec. 2. RCW 43.88.0301 and 2002 c 312 s 1 are each amended to read as follows:
RELATING TO ACCOUNTABILITY & REFORM. (1) The office of financial management must include in its capital budget instructions, beginning with its instructions for the 2003-05 capital budget, a request for "yes" or "no" answers for the following additional informational questions from capital budget applicants for all proposed major capital construction projects valued over five million dollars and required to complete a predesign:
(a) For proposed capital projects identified in this subsection that are located in or serving city or county planning under RCW
36.70A.040:
(i) Whether the proposed capital project is identified in the host city or county comprehensive plan, including the capital facility plan, and implementing rules adopted under chapter
36.70A RCW;
(ii) Whether the proposed capital project is located within an adopted urban growth area:
(A) If at all located within an adopted urban growth area boundary, whether a project facilitates, accommodates, or attracts planned population and employment growth;
(B) If at all located outside an urban growth area boundary, whether the proposed capital project may create pressures for additional development;
(b) For proposed capital projects identified in this subsection that are requesting state funding:
(i) Whether there was regional coordination during project development;
(ii) Whether local and additional funds were leveraged;
(iii) Whether environmental outcomes and the reduction of adverse environmental impacts were examined.
(2) For projects subject to subsection (1) of this section, the office of financial management shall request the required information be provided during the predesign process of major capital construction projects to reduce long-term costs and increase process efficiency.
(3) The office of financial management, in fulfilling its duties under RCW
43.88.030(((3))) (5) to create a capital budget document, must take into account information gathered under subsections (1) and (2) of this section in an effort to promote state capital facility expenditures that minimize unplanned or uncoordinated infrastructure and development costs, support economic and quality of life benefits for existing communities, and support local government planning efforts.
(4) The office of community development must provide staff support to the office of financial management and affected capital budget applicants to help collect data required by subsections (1) and (2) of this section.
Sec. 3. RCW 43.320.017 and 1993 c 472 s 13 are each amended to read as follows:
SECTION 1 CONFORMING AMENDMENT. Nothing contained in RCW
43.320.011 ((through 43.320.015)) may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the expiration date of the current agreement or until the bargaining unit has been modified by action of the
Washington personnel
resources board as provided by law.
NEW SECTION. Sec. 4. RELATING TO AGRICULTURE, WATER & RURAL ECONOMIC DEVELOPMENT. The following sections are decodified:
(1)
RCW 15.15.900 (Effective date
—1997 c 176);
(2)
RCW 15.49.920 (Effective date
—1969 c 63);
(4)
RCW 15.51.900 (Effective date
—2007 c 181);
(5)
RCW 15.54.930 (Effective date
—1967 ex.s. c 22);
(6)
RCW 15.58.900 (Effective date
—1971 ex.s. c 190);
(7)
RCW 15.58.901 (Effective date
—2000 c 96); and
(8)
RCW 15.58.943 (Effective date
—2003 c 212).
NEW SECTION. Sec. 5. RELATING TO COMMERCE & LABOR. The following sections are decodified:
(1)
RCW 41.58.900 (Effective dates
—1975-'76 2nd ex.s. c 5);
(2)
RCW 41.58.901 (Effective date
—1975 1st ex.s. c 296 §§ 4, 6, and 8 through 39);
(4)
RCW 50.13.010 (Legislative intent and recognition);
(5)
RCW 50.13.910 (Legislative designation and placement);
(6)
RCW 50.38.900 (Effective date
—1982 c 43);
(7)
RCW 50.38.902 (Effective date
—1993 c 62);
(8)
RCW 50.60.902 (Effective date
—1983 c 207);
(9)
RCW 50.65.905 (Effective date
—1987 c 167);
(10)
RCW 50.70.902 (Effective date
—1991 c 315);
(11)
RCW 50.98.080 (Effective date
—1945 c 35);
(12)
RCW 69.50.545 (Departments of social and health services, health
—Adoption of rules for disbursement of marijuana excise taxes);
(14)
RCW 69.50.607 (Effective date
—1971 ex.s. c 308).
NEW SECTION. Sec. 6. RELATING TO COMMERCE & LABOR. The following acts or parts of acts are each repealed:
(1)
RCW 66.08.230 (Initial disbursement to wine commission
—Repayment) and 1987 c 452 s 12;
(2)
RCW 66.08.250 (Report on streamlining liquor tax collection) and 2013 c 95 s 2;
(3)
RCW 66.12.020 (Sales of liquor to board) and 1933 ex.s. c 62 s 48; and
(4)
RCW 69.50.1011 (Definition
—Commission) and 2013 c 19 s 86.
NEW SECTION. Sec. 7. RELATING TO EARLY LEARNING & K-12 EDUCATION. The following sections are decodified:
(1)
RCW 28A.315.075 (Effect of 1999 c 315
—Existing provisions not affected);
NEW SECTION. Sec. 8. RELATING TO EARLY LEARNING & K-12 EDUCATION. The following acts or parts of acts are each repealed:
(1)
RCW 28A.305.900 (Transfer of powers and duties
—State board of education) and 2005 c 497 s 301;
(2)
RCW 28A.305.901 (Transfer of powers and duties
—Academic achievement and accountability commission) and 2005 c 497 s 302;
(3)
RCW 28A.400.201 (Enhanced salary allocation model for educator development and certification
—Technical working group
—Report and recommendation) and 2016 c 162 s 4, 2011 1st sp.s. c 43 s 468, 2010 c 236 s 7, & 2009 c 548 s 601;
(4)
RCW 28A.630.005 (Pilot project to assist school-age children in short-term foster care) and 2002 c 326 s 2;
(5) 2009 c 548 s 302 (uncodified); and
(6) 2010 c 236 s 6 (uncodified).
NEW SECTION. Sec. 9. RELATING TO ENERGY, ENVIRONMENT & TELECOMMUNICATIONS. The following acts or parts of acts are each repealed:
(1)
RCW 70.94.505 (Woodsmoke emissions
—Work group) and 2007 c 339 s 3;
(2)
RCW 70.95H.005 (Finding) and 1991 c 319 s 201;
(3)
RCW 70.95H.007 (Center created) and 1995 c 399 s 192 & 1991 c 319 s 202;
(4)
RCW 70.95H.010 (Purpose
—Market development defined) and 1991 c 319 s 203;
(5)
RCW 70.95H.030 (Duties and responsibilities) and 2015 c 225 s 108, 1992 c 131 s 2, & 1991 c 319 s 205;
(6)
RCW 70.95H.040 (Authority) and 1991 c 319 s 206;
(7)
RCW 70.95H.050 (Funding) and 1995 c 399 s 194 & 1991 c 319 s 207;
(8)
RCW 70.95H.900 (Termination) and 1991 c 319 s 209;
(10)
RCW 70.104.070 (Pesticide incident reporting and tracking review panel
—Intent) and 1989 c 380 s 67;
(11)
RCW 70.104.090 (Pesticide panel
—Responsibilities) and 1991 c 3 s 364 & 1989 c 380 s 69;
(12)
RCW 70.105A.035 (Revision of fees to provide a waste reduction and recycling incentive) and 1989 c 2 s 16;
(13)
RCW 70.220.060 (Funding report required by April 30, 2007) and 2005 c 305 s 6; and
(14)
RCW 80.36.901 (Legislative review of 1985 c 450
—1989 c 101) and 1989 c 101 s 18 & 1985 c 450 s 44.
Sec. 10. RCW 70.95.532 and 2010 c 247 s 704 are each amended to read as follows:
RELATING TO ENERGY, ENVIRONMENT & TELECOMMUNICATIONS. (1) All receipts from tire fees imposed under RCW
70.95.510, except as provided in subsection (2) of this section, must be deposited in the waste tire removal account created under RCW
70.95.521. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used for the cleanup of unauthorized waste tire piles and measures that prevent future accumulation of unauthorized waste tire piles.
(2) On September 1st of odd
-numbered years, the state treasurer must transfer any cash balance in excess of one million dollars from the waste tire removal account created under RCW
70.95.521 to the motor vehicle account for the purpose of road wear related maintenance on state and local public highways.
(((3) During the 2009-2011 fiscal biennium, the legislature may transfer any cash balance in excess of one million dollars from the waste tire removal account to the motor vehicle account for the purpose of road wear-related maintenance on state and local public highways.))
Sec. 11. RCW 80.01.080 and 2010 1st sp.s. c 37 s 950 are each amended to read as follows:
RELATING TO ENERGY, ENVIRONMENT & TELECOMMUNICATIONS. There is created in the state treasury a public service revolving fund. Regulatory fees payable by all types of public service companies shall be deposited to the credit of the public service revolving fund. Except for expenses payable out of the pipeline safety account, all expense of operation of the Washington utilities and transportation commission shall be payable out of the public service revolving fund.
((During the 2009-2011 fiscal biennium, the legislature may transfer from the public service revolving fund to the state general fund such amounts as reflect the excess fund balance of the fund.))
NEW SECTION. Sec. 12. SECTION 9 CONFORMING REPEALER. RCW 70.104.100 (Industrial insurance statutes not affected) and 1989 c 380 s 70 are each repealed. NEW SECTION. Sec. 13. RELATING TO FINANCIAL INSTITUTIONS & INSURANCE. The following sections are decodified:
(1)
RCW 48.20.322 (Effective date of standard provision and certain other sections
—Five year period); and
NEW SECTION. Sec. 14. RELATING TO FINANCIAL INSTITUTIONS & INSURANCE. The following acts or parts of acts are each repealed:
(1)
RCW 30A.24.080 (Securities in default ineligible) and 1955 c 33 s 30.24.080;
(2)
RCW 31.04.185 (Repealed sections of law
—Rules adopted under) and 1994 c 92 s 173 & 1991 c 208 s 19;
(3)
RCW 31.04.501 (Implementation) and 2009 c 149 s 9;
(4)
RCW 31.45.095 (Report by director
—Contents) and 2009 c 510 s 7; and
(5)
RCW 48.102.190 (Existing viatical settlement licenses
—July 26, 2009) and 2009 c 104 s 22.
Sec. 15. RCW 48.17.563 and 1994 c 131 s 6 are each amended to read as follows:
RELATING TO FINANCIAL INSTITUTIONS & INSURANCE. (1) The commissioner may require insurance education providers to furnish specific information regarding their curricula, faculty, methods of monitoring attendance, and other matters reasonably related to providing insurance education under this chapter. The commissioner may grant approvals to such providers who demonstrate the ability to conduct and certify completion of one or more courses satisfying the insurance education requirements of RCW
48.17.150.
(2) Provider and course approvals are valid for the time period established by the commissioner and shall expire if not timely renewed. Each provider shall pay the renewal fee set forth in RCW
48.14.010(1)(n).
(((3) In granting approvals for courses required by RCW 48.17.150(1)(d): (a) The commissioner may require the availability of a licensed agent with appropriate experience on the premises whenever instruction is being offered; and
(b) The commissioner shall not deny approval to any provider on the grounds that the proposed method of education employs nontraditional teaching techniques, such as substituting taped lectures for live instruction, offering instruction without fixed schedules, or providing education at individual learning rates.))
Sec. 16. RCW 48.18A.035 and 2008 c 217 s 19 are each amended to read as follows:
RELATING TO FINANCIAL INSTITUTIONS & INSURANCE. (((1))) Every individual variable contract issued shall have printed on its face or attached thereto a notice stating in substance that the policy owner shall be permitted to return the policy within ten days after it is received by the policy owner and to have the market value of the assets purchased by its premium, less taxes and investment brokerage commissions, if any, refunded, if, after examination of the policy, the policy owner is not satisfied with it for any reason. An additional ten percent penalty shall be added to any premium refund due which is not paid within thirty days of return of the policy to the insurer or insurance producer. If a policy owner pursuant to such notice returns the policy to the insurer at its home or branch office or to the insurance producer through whom it was purchased, it shall be void from the beginning and the parties shall be in the same position as if no policy had been issued.
(((2) No later than January 1, 2010, or when the insurer has used all of its existing paper variable contract forms which were in its possession on July 1, 2009, whichever is earlier, the notice required by subsection (1) of this section shall use the term insurance producer in place of agent.))
Sec. 17. RCW 48.25.140 and 2008 c 217 s 33 are each amended to read as follows:
RELATING TO FINANCIAL INSTITUTIONS & INSURANCE. (((1))) There shall be a provision that no insurance producer shall have the power or authority to waive, change, or alter any of the terms or conditions of any policy; except that, at the option of the insurer, the terms or conditions may be changed by an endorsement signed by a duly authorized officer of the insurer.
(((2) No later than January 1, 2010, or when the insurer has used all of its existing paper industrial life insurance contract forms which were in its possession on July 1, 2009, whichever is earlier, the notice required by subsection (1) of this section shall use the term insurance producer in place of agent.))
Sec. 18. RCW 48.29.015 and 2008 c 110 s 2 are each amended to read as follows:
RELATING TO FINANCIAL INSTITUTIONS & INSURANCE. (1) A title insurance agent shall maintain records of its title orders sufficient to indicate the source of the title orders.
(2) Every title insurance agent shall file with the commissioner annually by March 15th of each year for the previous calendar year, unless the commissioner for good cause shown extends the time for filing, a report, on a form prescribed by the commissioner, setting forth:
(a) The names and addresses of those persons, if any, who have had a financial interest in the title insurance agent during the calendar year, who are known or reasonably believed by the title insurance agent to be producers of title business or associates of producers; and
(b) The percent of title orders originating from each person who owns, or had owned during the preceding calendar year, a financial interest in the title insurance agent.
(3) Each title insurance agent shall keep current the information required by that portion of the report required by subsection (2)(a) of this section by reporting all changes or additions within fifteen days after the end of the month in which it learns of each change or addition.
(4) Each title insurance agent shall file that portion of the report required by subsection (2)(a) of this section with its application for a license.
(((5) Each title insurance agent licensed on June 12, 2008, shall file the report required under this section within thirty days after June 12, 2008.))
Sec. 19. RCW 48.31.115 and 2005 c 432 s 2 are each amended to read as follows:
RELATING TO FINANCIAL INSTITUTIONS & INSURANCE. (1) The persons entitled to protection under this section are:
(a) The commissioner and any other receiver or administrative supervisor responsible for conducting a delinquency proceeding under this chapter, including present and former commissioners, administrative supervisors, and receivers; and
(b) The commissioner's employees, meaning all present and former special deputies and assistant special deputies and special receivers and special administrative supervisors appointed by the commissioner and all persons whom the commissioner, special deputies, or assistant special deputies have employed to assist in a delinquency proceeding under this chapter. Attorneys, accountants, auditors, and other professional persons or firms who are retained as independent contractors, and their employees, are not considered employees of the commissioner for purposes of this section.
(2) The commissioner and the commissioner's employees are immune from suit and liability, both personally and in their official capacities, for a claim for damage to or loss of property or personal injury or other civil liability caused by or resulting from an alleged act or omission of the commissioner or an employee arising out of or by reason of his or her duties or employment. However, nothing in this subsection may be construed to hold the commissioner or an employee immune from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of the commissioner or an employee.
(3) If a legal action is commenced against the commissioner or an employee, whether against him or her personally or in his or her official capacity, alleging property damage, property loss, personal injury, or other civil liability caused by or resulting from an alleged act or omission of the commissioner or an employee arising out of or by reason of his or her duties or employment, the commissioner and any employee shall be indemnified from the assets of the insurer for all expenses, attorneys' fees, judgments, settlements, decrees, or amounts due and owing or paid in satisfaction of or incurred in the defense of the legal action unless it is determined upon a final adjudication on the merits that the alleged act or omission of the commissioner or employee giving rise to the claim did not arise out of or by reason of his or her duties or employment, or was caused by intentional or willful and wanton misconduct.
(a) Attorneys' fees and related expenses incurred in defending a legal action for which immunity or indemnity is available under this section shall be paid from the assets of the insurer, as they are incurred, in advance of the final disposition of such action upon receipt of an undertaking by or on behalf of the commissioner or employee to repay the attorneys' fees and expenses if it is ultimately determined upon a final adjudication on the merits and that the commissioner or employee is not entitled to immunity or indemnity under this section.
(b) Any indemnification under this section is an administrative expense of the insurer.
(c) In the event of an actual or threatened litigation against the commissioner or an employee for which immunity or indemnity may be available under this section, a reasonable amount of funds that in the judgment of the commissioner may be needed to provide immunity or indemnity shall be segregated and reserved from the assets of the insurer as security for the payment of indemnity until all applicable statutes of limitation have run or all actual or threatened actions against the commissioner or an employee have been completely and finally resolved, and all obligations of the insurer and the commissioner under this section have been satisfied.
(d) In lieu of segregation and reserving of funds, the commissioner may obtain a surety bond or make other arrangements that will enable the commissioner to secure fully the payment of all obligations under this section.
(4) If a legal action against an employee for which indemnity may be available under this section is settled before final adjudication on the merits, the insurer shall pay the settlement amount on behalf of the employee, or indemnify the employee for the settlement amount, unless the commissioner determines:
(a) That the claim did not arise out of or by reason of the employee's duties or employment; or
(b) That the claim was caused by the intentional or willful and wanton misconduct of the employee.
(5) In a legal action in which the commissioner is a defendant, that portion of a settlement relating to the alleged act or omission of the commissioner is subject to the approval of the court before which the delinquency proceeding is pending. The court may not approve that portion of the settlement if it determines:
(a) That the claim did not arise out of or by reason of the commissioner's duties or employment; or
(b) That the claim was caused by the intentional or willful and wanton misconduct of the commissioner.
(6) Nothing in this section removes or limits an immunity, indemnity, benefit of law, right, or defense otherwise available to the commissioner, an employee, or any other person, not an employee under subsection (1)(b) of this section, who is employed by or in the office of the commissioner or otherwise employed by the state.
(((7)(a) Subsection (2) of this section applies to any suit based in whole or in part on an alleged act or omission that takes place on or after July 25, 1993.
(b) No legal action lies against the commissioner or an employee based in whole or in part on an alleged act or omission that took place before July 25, 1993, unless suit is filed and valid service of process is obtained within twelve months after July 25, 1993.
(c) Subsections (3), (4), and (5) of this section apply to a suit that is pending on or filed after July 25, 1993, without regard to when the alleged act or omission took place.))
NEW SECTION. Sec. 20. RELATING TO GOVERNMENT OPERATIONS & SECURITY. The following sections are decodified:
(3)
RCW 35.98.020 (Title, chapter, section headings not part of law);
(5)
RCW 35A.90.030 (Title, chapter, section headings not part of law);
(6)
RCW 35A.90.040 (Effective date
—1967 ex.s. c 119);
(7)
RCW 42.56.901 (Part headings not law
—2005 c 274);
(8)
RCW 42.56.902 (Effective date
—2005 c 274); and
(9)
RCW 42.56.903 (Effective date
—2006 c 209).
NEW SECTION. Sec. 21. RELATING TO GOVERNMENT OPERATIONS & SECURITY. RCW 35.13A.0301 (Assumption of water-sewer district before July 1, 1999—Limitations) and 1998 c 326 s 3 are each repealed. NEW SECTION. Sec. 22. RELATING TO HEALTH CARE. RCW 71A.10.805 (Headings in Title 71A RCW not part of law) is decodified. NEW SECTION. Sec. 23. RELATING TO HEALTH CARE. The following acts or parts of acts are each repealed:
(1)
RCW 41.05.019 (Direct patient-provider primary care practices
—Plan) and 2011 1st sp.s. c 8 s 2;
(2)
RCW 41.05.230 (Multicultural health care technical assistance program) and 1993 c 492 s 272;
(3)
RCW 41.05.655 (School district health benefits
—Reports) and 2012 2nd sp.s. c 3 s 6;
(4)
RCW 70.22.005 (Transfer of duties to the department of health) and 1989 1st ex.s. c 9 s 246;
(5)
RCW 70.47A.010 (Finding
—Intent) and 2007 c 260 s 1 & 2006 c 255 s 1;
(6)
RCW 70.47A.020 (Definitions) and 2011 c 287 s 1, 2008 c 143 s 1, 2007 c 260 s 2, & 2006 c 255 s 2;
(7)
RCW 70.47A.030 (Health insurance partnership established
—Administrator duties) and 2011 c 287 s 2, 2009 c 257 s 1, 2008 c 143 s 2, 2007 c 259 s 58, & 2006 c 255 s 3;
(8)
RCW 70.47A.040 (Applications for premium subsidies) and 2009 c 257 s 2, 2008 c 143 s 3, 2007 c 260 s 6, & 2006 c 255 s 4;
(9)
RCW 70.47A.050 (Enrollment to remain within appropriation) and 2011 c 287 s 3, 2007 c 260 s 12, & 2006 c 255 s 5;
(10)
RCW 70.47A.060 (Rules) and 2007 c 260 s 13 & 2006 c 255 s 6;
(11)
RCW 70.47A.070 (Reports) and 2009 c 257 s 3, 2008 c 143 s 4, & 2006 c 255 s 7;
(12)
RCW 70.47A.080 (Health insurance partnership account) and 2007 c 260 s 14 & 2006 c 255 s 8;
(13)
RCW 70.47A.090 (State children's health insurance program
—Federal waiver request) and 2006 c 255 s 9;
(14)
RCW 70.47A.100 (Health insurance partnership board) and 2007 c 260 s 4;
(15)
RCW 70.47A.110 (Health insurance partnership board
—Duties) and 2011 c 287 s 4, 2008 c 143 s 5, & 2007 c 260 s 5;
(16)
RCW 70.47A.901 (Construction
—Chapter applicable to state registered domestic partnerships
—2009 c 521) and 2009 c 521 s 152; and
(17)
RCW 71A.20.190 (Developmental disability service system task force) and 2015 c 225 s 111 & 2011 1st sp.s. c 30 s 8.
Sec. 24. RCW 43.70.900 and 2015 1st sp.s. c 4 s 31 are each amended to read as follows:
SECTION 23 CONFORMING AMENDMENT. All references to the secretary or department of social and health services in the Revised Code of Washington shall be construed to mean the secretary or department of health when referring to the functions transferred in RCW
43.70.080,
18.104.005,
70.08.005,
((70.22.005,)) 70.24.005,
70.40.005,
70.41.005, and
70.54.005.
NEW SECTION. Sec. 25. RELATING TO HIGHER EDUCATION. The following acts or parts of acts are each repealed:
(1)
RCW 28B.65.010 (Legislative findings) and 1983 1st ex.s. c 72 s 2;
(2)
RCW 28B.65.020 (Definitions) and 1983 1st ex.s. c 72 s 3;
(3)
RCW 28B.65.030 (Washington state high-technology education and training program established
—Goals) and 1983 1st ex.s. c 72 s 4;
(4)
RCW 28B.65.040 (Washington high-technology coordinating board created
—Members
—Travel expenses) and 2012 c 229 s 539 & 1995 c 399 s 29;
(5)
RCW 28B.65.050 (Board
—Duties
—Rules
—Termination of board) and 2012 c 229 s 540, 1998 c 245 s 22, & 1995 c 399 s 30;
(6)
RCW 28B.65.060 (Board
—Staff support) and 1995 c 399 s 31, 1985 c 381 s 3, & 1983 1st ex.s. c 72 s 7;
(7)
RCW 28B.65.070 (Board
—Solicitation of private and federal support, gifts, conveyances, etc.) and 1983 1st ex.s. c 72 s 8;
(8)
RCW 28B.65.080 (Consortium and baccalaureate degree training programs
—Board recommendations
—Requirements
—Coordination) and 1983 1st ex.s. c 72 s 9;
(9)
RCW 28B.65.110 (Statewide off-campus telecommunications system
—Establishment by Washington State University for education in high-technology fields);
(10)
RCW 28B.65.900 (Short title
—1983 1st ex.s. c 72) and 1983 1st ex.s. c 72 s 1; and
(11)
RCW 28B.65.905 (Effective date
—1983 1st ex.s. c 72) and 1983 1st ex.s. c 72 s 18.
NEW SECTION. Sec. 26. RELATING TO HUMAN SERVICES, MENTAL HEALTH & HOUSING. The following sections are decodified:
(1)
RCW 10.77.900 (Savings
—Construction
—1973 1st ex.s. c 117);
(3)
RCW 10.77.930 (Effective date
—1973 1st ex.s. c 117);
(4)
RCW 71.05.910 (Construction
—1973 1st ex.s. c 142);
(5)
RCW 71.05.920 (Section headings not part of the law);
(6)
RCW 71.05.930 (Effective date
—1973 1st ex.s. c 142);
(7)
RCW 71.24.900 (Effective date
—1967 ex.s. c 111);
(8)
RCW 71.34.901 (Effective date
—1985 c 354);
(10)
RCW 74.18.903 (Effective dates
—1983 c 194).
NEW SECTION. Sec. 27. RELATING TO HUMAN SERVICES, MENTAL HEALTH & HOUSING. The following acts or parts of acts are each repealed:
(1)
RCW 2.56.031 (Juvenile offender information
—Plan) and 2010 1st sp.s. c 7 s 61 & 1993 c 415 s 2;
(2)
RCW 10.77.810 (Joint legislative audit and review committee assessment
—Report) and 2012 c 256 s 9;
(3)
RCW 10.77.820 (Washington state institute for public policy study
—Report) and 2012 c 256 s 10;
(4)
RCW 71.24.055 (Children's mental health services
—Children's access to care standards and benefit package
—Recommendations to legislature) and 2014 c 225 s 47 & 2007 c 359 s 4;
(5)
RCW 74.12.901 (Federal waivers and legislation
—1994 c 299) and 1994 c 299 s 39;
(6)
RCW 74.12A.030 (Federal waiver
—Governor to seek) and 1993 c 312 s 12; and
(7)
RCW 74.13.017 (Accreditation
—Completion date) and 2003 c 207 s 8 & 2001 c 265 s 2.
NEW SECTION. Sec. 28. RELATING TO LAW & JUSTICE. The following sections are decodified:
(1)
RCW 5.45.920 (Repeal of inconsistent provisions); and
(2)
RCW 46.61.990 (Recodification of sections
—Organization of chapter
—Construction).
NEW SECTION. Sec. 29. RELATING TO LAW & JUSTICE. The following acts or parts of acts are each repealed:
(1)
RCW 2.56.250 (Revocation of concealed pistol licenses
—Information transmittal
—Work group) and 2010 c 274 s 601;
(2)
RCW 9.04.040 (Advertising cures of lost sexual potency
—Evidence) and 1921 c 168 s 2; and
(3)
RCW 26.50.800 (Recidivism study) and 2012 c 223 s 10.
NEW SECTION. Sec. 30. RELATING TO LAW & JUSTICE. RCW 42.32.030 is recodified as a section in chapter 42.30 RCW. Sec. 31. RCW 29A.04.510 and 2003 c 111 s 149 are each amended to read as follows:
SECTION 30 CONFORMING AMENDMENT. (1) The Washington state election administration and certification board is established and has the responsibilities and authorities prescribed by this chapter. The board is composed of the following members:
(a) The secretary of state or the secretary's designee;
(b) The state director of elections or the director's designee;
(c) Four county auditors appointed by the Washington state association of county auditors or their alternates who are county auditors designated by the association to serve as such alternates, each appointee and alternate to serve at the pleasure of the association;
(d) One member from each of the two largest political party caucuses of the house of representatives designated by and serving at the pleasure of the legislative leader of the respective caucus;
(e) One member from each of the two largest political party caucuses of the senate designated by and serving at the pleasure of the legislative leader of the respective caucus; and
(f) One representative from each major political party, designated by and serving at the pleasure of the chair of the party's state central committee.
(2) The board shall elect a chair from among its number; however, neither the secretary of state nor the state director of elections nor their designees may serve as the chair of the board. A majority of the members appointed to the board constitutes a quorum for conducting the business of the board. Chapter
42.30 RCW, the Open Public Meetings Act, and RCW
42.32.030 (as recodified by this act) regarding minutes of meetings, apply to the meetings of the board.
(3) Members of the board shall serve without compensation. The secretary of state shall reimburse members of the board, other than those who are members of the legislature, for travel expenses in accordance with RCW
43.03.050 and
43.03.060. Members of the board who are members of the legislature shall be reimbursed as provided in chapter
44.04 RCW.
Sec. 32. RCW 35A.39.010 and 1995 c 21 s 2 are each amended to read as follows:
SECTION 30 CONFORMING AMENDMENT. Every code city shall keep a journal of minutes of its legislative meetings with orders, resolutions and ordinances passed, and records of the proceedings of any city department, division or commission performing quasi-judicial functions as required by ordinances of the city and general laws of the state and shall keep such records open to the public as required by RCW
42.32.030 (as recodified by this act) and shall keep and preserve all public records and publications or reproduce and destroy the same as provided by Title
40 RCW. Each code city may duplicate and sell copies of its ordinances at fees reasonably calculated to defray the cost of such duplication and handling.
Sec. 33. RCW 44.05.080 and 2011 c 60 s 42 are each amended to read as follows:
SECTION 30 CONFORMING AMENDMENT. In addition to other duties prescribed by law, the commission shall:
(1) Adopt rules pursuant to the Administrative Procedure Act, chapter
34.05 RCW, to carry out the provisions of Article II, section 43 of the state Constitution and of this chapter, which rules shall provide that three voting members of the commission constitute a quorum to do business, and that the votes of three of the voting members are required for any official action of the commission;
(2) Act as the legislature's recipient of the final redistricting data and maps from the United States Bureau of the Census;
(3) Comply with requirements to disclose and preserve public records as specified in chapters
40.14 and
42.56 RCW;
(4) Hold open meetings pursuant to the open public meetings act, chapter
42.30 RCW;
(5) Prepare and disclose its minutes pursuant to RCW
42.32.030 (as recodified by this act);
(6) Be subject to the provisions of RCW
42.17A.700;
(7) Prepare and publish a report with the plan; the report will be made available to the public at the time the plan is published. The report will include but will not be limited to: (a) The population and percentage deviation from the average district population for every district; (b) an explanation of the criteria used in developing the plan with a justification of any deviation in a district from the average district population; (c) a map of all the districts; and (d) the estimated cost incurred by the counties for adjusting precinct boundaries.
NEW SECTION. Sec. 34. RELATING TO NATURAL RESOURCES & PARKS. The following sections are decodified:
(3)
RCW 77.65.900 (Effective date
—1989 c 316); and
(4)
RCW 77.105.900 (Effective date
—1993 sp.s. c 2 §§ 7, 60, 80, and 82-100).
NEW SECTION. Sec. 35. RELATING TO NATURAL RESOURCES & PARKS. The following acts or parts of acts are each repealed:
(1)
RCW 43.30.8351 (Progress report) and 2009 c 163 s 3;
(2)
RCW 76.01.080 (Lacey compound
—Light industrial facilities/land
—Sale or exchange) and 2001 c 189 s 1;
(3)
RCW 76.01.090 (Proposal for exchange or sale
—Lacey compound site) and 2001 c 189 s 2;
(4)
RCW 76.09.380 (Report to the legislature
—Emergency rules
—Permanent rules) and 1999 sp.s. c 4 s 205;
(5)
RCW 77.12.605 (Whidbey Island game farm
—Sale of property) and 1999 c 205 s 1;
(6)
RCW 77.12.710 (Game fish production
—Double by year 2000) and 1998 c 245 s 159, 1995 c 399 s 208, 1993 sp.s. c 2 s 70, & 1990 c 110 s 2;
(8)
RCW 79A.20.010 (Definitions) and 1992 c 153 s 3;
(9)
RCW 79A.20.030 (Allocation and distribution of moneys) and 1994 c 264 s 30 & 1992 c 153 s 5; and
(10)
RCW 79A.20.900 (Short title) and 1992 c 153 s 1.
Sec. 36. RCW 77.125.040 and 2001 c 86 s 4 are each amended to read as follows:
RELATING TO NATURAL RESOURCES & PARKS. Rules to implement this chapter shall be adopted no sooner than thirty days following the end of the 2002 regular legislative session. ((The director shall provide a written report to the appropriate legislative committees by January 1, 2003, on the progress of the program.))
NEW SECTION. Sec. 37. RELATING TO TRADE & ECONOMIC DEVELOPMENT. The following sections are decodified:
(1)
RCW 43.31A.400 (Economic assistance authority abolished
—Transfer of duties to department of revenue);
NEW SECTION. Sec. 38. RELATING TO TRADE & ECONOMIC DEVELOPMENT. The following acts or parts of acts are each repealed:
(1)
RCW 43.31.088 (Business assistance center
—ISO-9000 quality standards) and 1994 c 140 s 2;
(2)
RCW 43.31.522 (Marketplace program
—Definitions) and 2009 c 565 s 29, 2005 c 136 s 17, 1993 c 280 s 46, 1990 c 57 s 2, & 1989 c 417 s 2;
(3)
RCW 43.31.524 (Marketplace program
—Generally) and 1993 c 280 s 47, 1990 c 57 s 3, & 1989 c 417 s 3;
(4)
RCW 43.31.800 (State international trade fairs
—"Director" defined) and 2009 c 565 s 30, 1993 c 280 s 52, 1987 c 195 s 4, & 1965 c 148 s 2;
(5)
RCW 43.31.805 (State trade fair fund) and 1998 c 345 s 3;
(6)
RCW 43.31.810 (State international trade fairs
—State aid eligibility requirements) and 1987 c 195 s 5, 1975 1st ex.s. c 292 s 3, & 1965 c 148 s 3;
(7)
RCW 43.31.820 (State international trade fairs
—Application for funds) and 1987 c 195 s 6, 1975 1st ex.s. c 292 s 4, & 1965 c 148 s 4;
(8)
RCW 43.31.830 (State international trade fairs
—Certification of fairs
—Allotments
—Division and payment from state trade fair fund) and 1993 c 280 s 53, 1987 c 195 s 7, 1975 1st ex.s. c 292 s 5, & 1965 c 148 s 5;
(9)
RCW 43.31.832 (State trade fairs
—Transfer of surplus funds in state trade fair fund to general fund
—Expenditure) and 1985 c 466 s 34, 1981 2nd ex.s. c 2 s 1, 1975 1st ex.s. c 292 s 8, & 1972 ex.s. c 93 s 2;
(10)
RCW 43.31.833 (State trade fairs
—Transfer of surplus funds in state trade fair fund to general fund
—Construction) and 1987 c 195 s 8, 1985 c 466 s 35, & 1972 ex.s. c 93 s 3;
(11)
RCW 43.31.834 (State trade fairs
—Transfer of surplus funds in state trade fair fund to general fund
—Construction) and 1985 c 466 s 36 & 1972 ex.s. c 93 s 4;
(12)
RCW 43.31.840 (State international trade fairs
—Post audit of participating fairs
—Reports) and 1993 c 280 s 54, 1975 1st ex.s. c 292 s 6, & 1965 c 148 s 6;
(13)
RCW 43.31.850 (State international trade fairs
—State international trade fair defined) and 1987 c 195 s 9, 1975 1st ex.s. c 292 s 7, & 1965 c 148 s 8;
(14)
RCW 43.374.005 (Finding
—Intent
—Purpose) and 2010 1st sp.s. c 13 s 1; and
(15)
RCW 43.374.020 (Washington global health technologies and product development account) and 2010 1st sp.s. c 13 s 3.
NEW SECTION. Sec. 39. RELATING TO TRANSPORTATION. The following acts or parts of acts are each repealed:
(1)
RCW 47.01.141 (Biennial report) and 1987 c 505 s 49, 1984 c 7 s 75, 1977 c 75 s 68, & 1973 2nd ex.s. c 12 s 1;
(2)
RCW 47.01.321 (Skills bank
—Report) and 2003 c 363 s 203;
(3)
RCW 47.01.350 (Ferry grant program) and 2008 c 45 s 1, 2007 c 223 s 2, & 2006 c 332 s 4;
(4)
RCW 47.01.360 (Backup plan for passenger-only ferry service between Vashon and Seattle) and 2006 c 332 s 6;
(5)
RCW 47.01.400 (Alaskan Way viaduct, Seattle Seawall, and state route No. 520 improvements
—Expert review panel
—Governor's finding) and 2006 c 311 s 28;
(6)
RCW 47.01.405 (State route No. 520 improvements
—Project impact plan
—Mediator, duties) and 2007 c 517 s 2;
(7)
RCW 47.01.406 (State route No. 520 improvements
—Review of project design plans
—Goals) and 2007 c 517 s 3;
(8)
RCW 47.01.410 (State route No. 520 improvements
—Multimodal transportation plan) and 2007 c 517 s 6;
(9)
RCW 47.01.418 (State route No. 520 improvements
—Work group, subgroups
—Corridor projects) and 2009 c 472 s 3;
(10)
RCW 47.60.645 (Passenger ferry account) and 2009 c 8 s 504, 2008 c 45 s 2, 2006 c 332 s 1, & 1995 2nd sp.s. c 14 s 558;
(11)
RCW 47.78.010 (High capacity transportation account) and 1997 c 457 s 513, 1991 sp.s. c 13 ss 66, 121, 1990 c 43 s 47, & 1987 c 428 s 1;
(12)
RCW 82.44.180 (Transportation fund
—Deposits and distributions) and 2013 c 251 s 9;
(13)
RCW 82.80.040 (Street utility
—Establishment) and 1991 c 141 s 1;
(14)
RCW 82.80.050 (Street utility
—Charges, credits) and 2006 c 301 s 5, 2000 c 103 s 21, & 1991 c 141 s 2; and
(15)
RCW 82.80.060 (Use of other proceeds by utility) and 1991 c 141 s 3.
Sec. 40. RCW 46.18.060 and 2016 c 36 s 4, 2016 c 16 s 4, and 2016 c 15 s 4 are each reenacted and amended to read as follows:
RELATING TO TRANSPORTATION. (1) The department must review and either approve or reject special license plate applications submitted by sponsoring organizations.
(2) Duties of the department include, but are not limited to, the following:
(a) Review and approve the annual financial reports submitted by sponsoring organizations with active special license plate series and present those annual financial reports to the joint transportation committee;
(b) Report annually to the joint transportation committee on the special license plate applications that were considered by the department;
(c) Issue approval and rejection notification letters to sponsoring organizations, the executive committee of the joint transportation committee, and the legislative sponsors identified in each application. The letters must be issued within seven days of making a determination on the status of an application; and
(d) Review annually the number of plates sold for each special license plate series created after January 1, 2003. The department may submit a recommendation to discontinue a special plate series to the executive committee of the joint transportation committee.
(((3) In order to assess the effects and impact of the proliferation of special license plates, the legislature declares a temporary moratorium on the issuance of any additional plates until July 1, 2015. During this period of time, the department is prohibited from accepting, reviewing, processing, or approving any applications. Additionally, a special license plate may not be enacted by the legislature during the moratorium, unless the proposed license plate has been approved by the former special license plate review board before February 15, 2005.
(4) The limitations under subsection (3) of this section do not apply to the following special license plates:
(a) 4-H license plates created under RCW 46.18.200; (b) Breast cancer awareness license plates created under RCW 46.18.200; (c) Gold star license plates created under RCW 46.18.245; (d) Music Matters license plates created under RCW 46.18.200; (e) Seattle Seahawks license plates created under RCW 46.18.200; (f) Seattle Sounders FC license plates created under RCW 46.18.200; (g) Seattle University license plates created under RCW 46.18.200; (h) State flower license plates created under RCW 46.18.200; (i) Volunteer firefighter license plates created under RCW 46.18.200; (j) Washington farmers and ranchers license plates created under RCW 46.18.200; (k) Washington state wrestling license plates created under RCW 46.18.200; (l) Washington tennis license plates created under RCW 46.18.200.)) Sec. 41. RCW 47.06.110 and 2005 c 319 s 124 are each amended to read as follows:
SECTION 39 CONFORMING AMENDMENT. The state-interest component of the statewide multimodal transportation plan shall include a state public transportation plan that:
(1) Articulates the state vision of an interest in public transportation and provides quantifiable objectives, including benefits indicators;
(2) Identifies the goals for public transit and the roles of federal, state, regional, and local entities in achieving those goals;
(3) Recommends mechanisms for coordinating state, regional, and local planning for public transportation;
(4) Recommends mechanisms for coordinating public transportation with other transportation services and modes;
(5) Recommends criteria, consistent with the goals identified in subsection (2) of this section
((and with RCW 82.44.180 (2) and (3))), for existing federal authorizations administered by the department to transit agencies; and
(6) Recommends a statewide public transportation facilities and equipment management system as required by federal law.
In developing the state public transportation plan, the department shall involve local jurisdictions, public and private providers of transportation services, nonmotorized interests, and state agencies with an interest in public transportation, including but not limited to the departments of ((community, trade, and economic development)) commerce, social and health services, and ecology, the office of the superintendent of public instruction, the office of the governor, and the office of financial management.
The department shall submit to the senate and house transportation committees by December 1st of each year, reports summarizing the plan's progress.
Sec. 42. RCW 82.42.090 and 1995 c 170 s 1 are each amended to read as follows:
SECTION 39 CONFORMING AMENDMENT. All moneys collected by the director from the aircraft fuel excise tax as provided in RCW
82.42.020 shall be transmitted to the state treasurer and shall be credited to the aeronautics account hereby created in the
((transportation fund of the)) state treasury. Moneys collected from the consumer or user of aircraft fuel from either the use tax imposed by RCW
82.12.020 or the retail sales tax imposed by RCW
82.08.020 shall be transmitted to the state treasurer and credited to the state general fund.
Sec. 43. RCW 82.80.070 and 2005 c 319 s 139 are each amended to read as follows:
SECTION 39 CONFORMING AMENDMENT. (1) The proceeds collected pursuant to the exercise of the local option authority of RCW
82.80.010((,)) and 82.80.030
((, and 82.80.050)) (hereafter called "local option transportation revenues") shall be used for transportation purposes only, including but not limited to the following: The operation and preservation of roads, streets, and other transportation improvements; new construction, reconstruction, and expansion of city streets, county roads, and state highways and other transportation improvements; development and implementation of public transportation and high capacity transit improvements and programs; and planning, design, and acquisition of right-of-way and sites for such transportation purposes. The proceeds collected from excise taxes on the sale, distribution, or use of motor vehicle fuel and special fuel under RCW
82.80.010 shall be used exclusively for "highway purposes" as that term is construed in Article II, section 40 of the state Constitution.
(2) The local option transportation revenues shall be expended for transportation uses consistent with the adopted transportation and land use plans of the jurisdiction expending the funds and consistent with any applicable and adopted regional transportation plan for metropolitan planning areas.
(3) Each local government with a population greater than eight thousand that levies or expends local option transportation funds, is also required to develop and adopt a specific transportation program that contains the following elements:
(a) The program shall identify the geographic boundaries of the entire area or areas within which local option transportation revenues will be levied and expended.
(b) The program shall be based on an adopted transportation plan for the geographic areas covered and shall identify the proposed operation and construction of transportation improvements and services in the designated plan area intended to be funded in whole or in part by local option transportation revenues and shall identify the annual costs applicable to the program.
(c) The program shall indicate how the local transportation plan is coordinated with applicable transportation plans for the region and for adjacent jurisdictions.
(d) The program shall include at least a six-year funding plan, updated annually, identifying the specific public and private sources and amounts of revenue necessary to fund the program. The program shall include a proposed schedule for construction of projects and expenditure of revenues. The funding plan shall consider the additional local tax revenue estimated to be generated by new development within the plan area if all or a portion of the additional revenue is proposed to be earmarked as future appropriations for transportation improvements in the program.
(4) Local governments with a population greater than eight thousand exercising the authority for local option transportation funds shall periodically review and update their transportation program to ensure that it is consistent with applicable local and regional transportation and land use plans and within the means of estimated public and private revenue available.
(5) In the case of expenditure for new or expanded transportation facilities, improvements, and services, priorities in the use of local option transportation revenues shall be identified in the transportation program and expenditures shall be made based upon the following criteria, which are stated in descending order of weight to be attributed:
(a) First, the project serves a multijurisdictional function;
(b) Second, it is necessitated by existing or reasonably foreseeable congestion;
(c) Third, it has the greatest person-carrying capacity;
(d) Fourth, it is partially funded by other government funds, such as from the state transportation improvement board, or by private sector contributions, such as those from the local transportation act, chapter
39.92 RCW; and
(e) Fifth, it meets such other criteria as the local government determines is appropriate.
(6) It is the intent of the legislature that as a condition of levying, receiving, and expending local option transportation revenues, no local government agency use the revenues to replace, divert, or loan any revenues currently being used for transportation purposes to nontransportation purposes.
(7) Local governments are encouraged to enter into interlocal agreements to jointly develop and adopt with other local governments the transportation programs required by this section for the purpose of accomplishing regional transportation planning and development.
(8) Local governments may use all or a part of the local option transportation revenues for the amortization of local government general obligation and revenue bonds issued for transportation purposes consistent with the requirements of this section.
(9) Subsections (1) through (8) of this section do not apply to a regional transportation investment district imposing a tax or fee under the local option authority of this chapter. Proceeds collected under the exercise of local option authority under this chapter by a district must be used in accordance with chapter
36.120 RCW.
Sec. 44. RCW 47.68.250 and 2016 c 20 s 3 are each amended to read as follows:
SECTION 39 CONFORMING AMENDMENT. (1) Every aircraft must be registered with the department for each calendar year in which the aircraft is operated or is based within this state. A fee of fifteen dollars is charged for each such registration and each annual renewal thereof.
(2) Possession of the appropriate effective federal certificate, permit, rating, or license relating to ownership and airworthiness of the aircraft, and payment of the excise tax imposed by Title
82 RCW for the privilege of using the aircraft within this state during the year for which the registration is sought, and payment of the registration fee required by this section are the only requisites for registration of an aircraft under this section.
(3) The registration fee imposed by this section is payable to and collected by the secretary. The fee for any calendar year must be paid during the month of January, and must be collected by the secretary at the time of the collection by him or her of the excise tax. If the secretary is satisfied that the requirements for registration of the aircraft have been met, he or she must issue to the owner of the aircraft a certificate of registration therefor. The secretary must pay to the state treasurer the registration fees collected under this section, which registration fees must be credited to the aeronautics account ((in the transportation fund)).
(4) It is not necessary for the registrant to provide the secretary with originals or copies of federal certificates, permits, ratings, or licenses. The secretary must issue certificates of registration, or such other evidences of registration or payment of fees as he or she may deem proper; and in connection therewith may prescribe requirements for the possession and exhibition of such certificates or other evidences.
(5) The provisions of this section do not apply to:
(a) An aircraft owned by and used exclusively in the service of any government or any political subdivision thereof, including the government of the United States, any state, territory, or possession of the United States, or the District of Columbia, which is not engaged in carrying persons or property for commercial purposes;
(b) An aircraft registered under the laws of a foreign country;
(c) An aircraft that is owned by a nonresident if:
(i) The aircraft remains in this state or is based in this state, or both, for a period less than ninety days; or
(ii) The aircraft is a large private airplane as defined in RCW
82.08.215 and remains in this state for a period of ninety days or longer, but only when:
(A) The airplane is in this state exclusively for the purpose of repairs, alterations, or reconstruction, including any flight testing related to the repairs, alterations, or reconstruction, or for the purpose of continual storage of not less than one full calendar year;
(B) An employee of the facility providing these services is on board the airplane during any flight testing; and
(C) Within ninety days of the date the airplane first arrived in this state during the calendar year, the nonresident files a written statement with the department indicating that the airplane is exempt from registration under this subsection (5)(c)(ii). The written statement must be filed in a form and manner prescribed by the department and must include such information as the department requires. The department may require additional periodic verification that the airplane remains exempt from registration under this subsection (5)(c)(ii) and that written statements conform with the provisions of RCW
9A.72.085;
(d) An aircraft engaged principally in commercial flying constituting an act of interstate or foreign commerce;
(e) An aircraft owned by the commercial manufacturer thereof while being operated for test or experimental purposes, or for the purpose of training crews for purchasers of the aircraft;
(f) An aircraft being held for sale, exchange, delivery, test, or demonstration purposes solely as stock in trade of an aircraft dealer licensed under Title
14 RCW; and
(g) An aircraft based within the state that is in an unairworthy condition, is not operated within the registration period, and has obtained a written exemption issued by the secretary.
(6) The secretary must be notified within thirty days of any change in ownership of a registered aircraft. The notification must contain the N, NC, NR, NL, or NX number of the aircraft, the full name and address of the former owner, and the full name and address of the new owner. For failure to so notify the secretary, the registration of that aircraft may be canceled by the secretary, subject to reinstatement upon application and payment of a reinstatement fee of ten dollars by the new owner.
(7) A municipality or port district that owns, operates, or leases an airport, as defined in RCW
47.68.020, with the intent to operate, must require from an aircraft owner proof of aircraft registration as a condition of leasing or selling tiedown or hangar space for an aircraft. It is the responsibility of the lessee or purchaser to register the aircraft. Proof of registration must be provided according to the following schedule:
(a) For the purchase of tiedown or hangar space, the municipality or port district must allow the purchaser thirty days from the date of the application for purchase to produce proof of aircraft registration.
(b) For the lease of tiedown or hangar space that extends thirty days or more, the municipality or port district must allow the lessee thirty days to produce proof of aircraft registration from the date of the application for lease of tiedown or hangar space.
(c) For the lease of tiedown or hangar space that extends less than thirty days, the municipality or port district must allow the lessee to produce proof of aircraft registration at any point prior to the final day of the lease.
(8) The airport must work with the aviation division to assist in its efforts to register aircraft by providing information about based aircraft on an annual basis as requested by the division.
NEW SECTION. Sec. 45. Section 44 of this act expires July 1, 2021.
Sec. 46. RCW 47.68.250 and 2016 c 20 s 4 are each amended to read as follows:
SECTION 39 CONFORMING AMENDMENT. (1) Every aircraft must be registered with the department for each calendar year in which the aircraft is operated or is based within this state. A fee of fifteen dollars is charged for each such registration and each annual renewal thereof.
(2) Possession of the appropriate effective federal certificate, permit, rating, or license relating to ownership and airworthiness of the aircraft, and payment of the excise tax imposed by Title
82 RCW for the privilege of using the aircraft within this state during the year for which the registration is sought, and payment of the registration fee required by this section are the only requisites for registration of an aircraft under this section.
(3) The registration fee imposed by this section is payable to and collected by the secretary. The fee for any calendar year must be paid during the month of January, and collected by the secretary at the time of the collection by him or her of the said excise tax. If the secretary is satisfied that the requirements for registration of the aircraft have been met, he or she must issue to the owner of the aircraft a certificate of registration therefor. The secretary must pay to the state treasurer the registration fees collected under this section, which registration fees must be credited to the aeronautics account ((in the transportation fund)).
(4) It is not necessary for the registrant to provide the secretary with originals or copies of federal certificates, permits, ratings, or licenses. The secretary must issue certificates of registration, or such other evidences of registration or payment of fees as he or she may deem proper; and in connection therewith may prescribe requirements for the possession and exhibition of such certificates or other evidences.
(5) The provisions of this section do not apply to:
(a) An aircraft owned by and used exclusively in the service of any government or any political subdivision thereof, including the government of the United States, any state, territory, or possession of the United States, or the District of Columbia, which is not engaged in carrying persons or property for commercial purposes;
(b) An aircraft registered under the laws of a foreign country;
(c) An aircraft which is owned by a nonresident and registered in another state. However, if said aircraft remains in and/or ((be)) is based in this state for a period of ninety days or longer it is not exempt under this section;
(d) An aircraft engaged principally in commercial flying constituting an act of interstate or foreign commerce;
(e) An aircraft owned by the commercial manufacturer thereof while being operated for test or experimental purposes, or for the purpose of training crews for purchasers of the aircraft;
(f) An aircraft being held for sale, exchange, delivery, test, or demonstration purposes solely as stock in trade of an aircraft dealer licensed under Title
14 RCW;
(g) An aircraft based within the state that is in an unairworthy condition, is not operated within the registration period, and has obtained a written exemption issued by the secretary.
(6) The secretary must be notified within thirty days of any change in ownership of a registered aircraft. The notification must contain the N, NC, NR, NL, or NX number of the aircraft, the full name and address of the former owner, and the full name and address of the new owner. For failure to so notify the secretary, the registration of that aircraft may be canceled by the secretary, subject to reinstatement upon application and payment of a reinstatement fee of ten dollars by the new owner.
(7) A municipality or port district that owns, operates, or leases an airport, as defined in RCW
47.68.020, with the intent to operate, must require from an aircraft owner proof of aircraft registration as a condition of leasing or selling tiedown or hangar space for an aircraft. It is the responsibility of the lessee or purchaser to register the aircraft. Proof of registration must be provided according to the following schedule:
(a) For the purchase of tiedown or hangar space, the municipality or port district must allow the purchaser thirty days from the date of the application for purchase to produce proof of aircraft registration.
(b) For the lease of tiedown or hangar space that extends thirty days or more, the municipality or port district must allow the lessee thirty days to produce proof of aircraft registration from the date of the application for lease of tiedown or hangar space.
(c) For the lease of tiedown or hangar space that extends less than thirty days, the municipality or port district must allow the lessee to produce proof of aircraft registration at any point prior to the final day of the lease.
(8) The airport must work with the aviation division to assist in its efforts to register aircraft by providing information about based aircraft on an annual basis as requested by the division.
NEW SECTION. Sec. 47. Section 46 of this act takes effect July 1, 2021.
Sec. 48. RCW 14.20.060 and 1998 c 187 s 2 are each amended to read as follows:
SECTION 39 CONFORMING AMENDMENT. The fees set forth in RCW
14.20.050 shall be paid to the secretary. The fee for any calendar year may be paid on and after the first day of December of the preceding year. The secretary shall give appropriate receipts therefor. The fees collected under this chapter shall be credited to the aeronautics account
((of the transportation fund)). The secretary may prescribe requirements for the possession and exhibition of aircraft dealer's licenses and aircraft dealer's certificates.
Sec. 49. RCW 82.44.190 and 1996 c 262 s 2 are each amended to read as follows:
SECTION 39 CONFORMING AMENDMENT. The transportation infrastructure account is hereby created in the
((transportation fund)) state treasury. Public and private entities may deposit moneys in the transportation infrastructure account from federal, state, local, or private sources. Proceeds from bonds or other financial instruments sold to finance surface transportation projects from the transportation infrastructure account shall be deposited into the account. Principal and interest payments made on loans from the transportation infrastructure account shall be deposited into the account. Moneys in the account shall be available for purposes specified in RCW
82.44.195. Expenditures from the transportation infrastructure account shall be subject to appropriation by the legislature. To the extent required by federal law or regulations promulgated by the United States secretary of transportation, the state treasurer is authorized to create separate subaccounts within the transportation infrastructure account.
Sec. 50. RCW 43.84.092 and 2017 c 290 s 8 are each amended to read as follows:
SECTION 39 CONFORMING AMENDMENT. (1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter
43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW
43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.
(3) Except for the provisions of RCW
43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter
43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:
(a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the Alaskan Way viaduct replacement project account, the brownfield redevelopment trust fund account, the budget stabilization account, the capital vessel replacement account, the capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the Chehalis basin account, the cleanup settlement account, the Columbia river basin water supply development account, the Columbia river basin taxable bond water supply development account, the Columbia river basin water supply revenue recovery account, the common school construction fund, the community forest trust account, the connecting Washington account, the county arterial preservation account, the county criminal justice assistance account, the deferred compensation administrative account, the deferred compensation principal account, the department of licensing services account, the department of retirement systems expense account, the developmental disabilities community trust account, the diesel idle reduction account, the drinking water assistance account, the drinking water assistance administrative account, ((the drinking water assistance repayment account,)) the Eastern Washington University capital projects account, the Interstate 405 express toll lanes operations account, the education construction fund, the education legacy trust account, the election account, the electric vehicle charging infrastructure account, the energy freedom account, the energy recovery act account, the essential rail assistance account, The Evergreen State College capital projects account, the federal forest revolving account, the ferry bond retirement fund, the freight mobility investment account, the freight mobility multimodal account, the grade crossing protective fund, the public health services account, the high capacity transportation account, the state higher education construction account, the higher education construction account, the highway bond retirement fund, the highway infrastructure account, the highway safety fund, the high occupancy toll lanes operations account, the hospital safety net assessment fund, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the marine resources stewardship trust account, the medical aid account, the mobile home park relocation fund, the money-purchase retirement savings administrative account, the money-purchase retirement savings principal account, the motor vehicle fund, the motorcycle safety education account, the multimodal transportation account, the multiuse roadway safety account, the municipal criminal justice assistance account, the natural resources deposit account, the oyster reserve land account, the pension funding stabilization account, the perpetual surveillance and maintenance account, the pollution liability insurance agency underground storage tank revolving account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public facilities construction loan revolving account beginning July 1, 2004, the public health supplemental account, the public works assistance account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the Puget Sound taxpayer accountability account, the real estate appraiser commission account, the recreational vehicle account, the regional mobility grant program account, the resource management cost account, the rural arterial trust account, the rural mobility grant program account, the rural Washington loan fund, the sexual assault prevention and response account, the site closure account, the skilled nursing facility safety net trust fund, the small city pavement and sidewalk account, the special category C account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the state patrol highway account, the state route number 520 civil penalties account, the state route number 520 corridor account, the state wildlife account, the supplemental pension account, the Tacoma Narrows toll bridge account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the toll facility bond retirement account, the transportation 2003 account (nickel account), the transportation equipment fund, ((the transportation fund,)) the transportation future funding program account, the transportation improvement account, the transportation improvement board bond retirement account, the transportation infrastructure account, the transportation partnership account, the traumatic brain injury account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer firefighters' and reserve officers' relief and pension principal fund, the volunteer firefighters' and reserve officers' administrative fund, the Washington judicial retirement system account, the Washington law enforcement officers' and firefighters' system plan 1 retirement account, the Washington law enforcement officers' and firefighters' system plan 2 retirement account, the Washington public safety employees' plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving administration account, the water pollution control revolving fund, the Western Washington University capital projects account, the Yakima integrated plan implementation account, the Yakima integrated plan implementation revenue recovery account, and the Yakima integrated plan implementation taxable bond account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, the state university permanent fund, and the state reclamation revolving account shall be allocated to their respective beneficiary accounts.
(b) Any state agency that has independent authority over accounts or funds not statutorily required to be held in the state treasury that deposits funds into a fund or account in the state treasury pursuant to an agreement with the office of the state treasurer shall receive its proportionate share of earnings based upon each account's or fund's average daily balance for the period.
(5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.
NEW SECTION. Sec. 51. SECTION 39 CONFORMING REPEALERS. The following acts or parts of acts are each repealed:
(1)
RCW 82.14.046 (Sales and use tax equalization payments from local transit taxes) and 1998 c 321 s 37, 1995 c 298 s 1, & 1994 c 241 s 2; and
(2)
RCW 82.50.510 (Remittance of tax to state
—Distribution to cities, towns, counties, and schools) and 1998 c 321 s 24, 1991 c 199 s 227, 1990 c 42 s 322, 1975-'76 2nd ex.s. c 75 s 1, & 1971 ex.s. c 299 s 66.
NEW SECTION. Sec. 52. RELATING TO WAYS & MEANS. The following sections are decodified:
(1)
RCW 43.41.035 (Office of program planning and fiscal management redesignated office of financial management);
(2)
RCW 43.41.901 (Construction
—1977 ex.s. c 270);
(3)
RCW 43.41.940 (Central budget agency abolished);
(5)
RCW 43.41.981 (Transfer of certain powers, duties, functions, and assets of the department of personnel); and
(6)
RCW 43.88.910 (Effective date
—1975 1st ex.s. c 293).
Passed by the Senate June 30, 2017.
Passed by the House June 30, 2017.
Approved by the Governor July 6, 2017.
Filed in Office of Secretary of State July 7, 2017.
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