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FORTY-SEVENTH DAY
__________
MORNING SESSION
__________
House Chamber, Olympia, Friday, February 25, 1994
The House was called to order at 10:00 a.m. by the Speaker (Representative Kremen presiding). The Clerk called the roll and a quorum was present.
The Speaker assumed the chair.
The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Jeremy Griner and Shenna Bullard. Prayer was offered by Representative Quall.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
MESSAGE FROM THE SENATE
February 24, 1994
Mr. Speaker:
The Senate has passed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 6523,
SECOND SUBSTITUTE SENATE BILL NO. 6347,
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
There being no objection, the House advanced to the fourth order of business.
INTRODUCTIONS AND FIRST READING
HB 2919 by Representatives Kessler, Jones and Basich
AN ACT Relating to property tax deferrals for unemployed persons.
Referred to Committee on Revenue.
HJR 4222 by Representatives Kessler, Jones and Basich
Amending the Constitution by authorizing the legislature to provide deferrals of property tax for unemployed persons.
Referred to Committee on Revenue.
HCR 4433 by Representatives Morris, Long, Mastin, Edmondson, G. Cole, R. Meyers, Moak, Quall, Ogden, L. Johnson, Ballasiotes and Conway
Establishing the Legislative Task Force on Good-Time Credits.
Referred to Committee on Rules.
2SSB 6347 by Senate Committee on Ways & Means (originally sponsored by Senators Skratek, Sellar, Gaspard, Owen, Bluechel, Pelz, Winsley, McAuliffe, Quigley, Ludwig, A. Smith, Deccio, Moyer and M. Rasmussen; by request of Governor Lowry)
Providing tax credits and deferrals for high-technology businesses.
Referred to Committee on Revenue.
ESSB 6523 by Senate Committee on Transportation (originally sponsored by Senator Vognild)
Transferring the responsibilities of traffic safety.
Referred to Committee on Transportation.
SB 6606 by Senators Rinehart, Gaspard, Quigley, Ludwig, A. Smith, Sutherland, Skratek, Haugen, McAuliffe, Sheldon, Bauer, Snyder, Spanel, Owen, Williams, Wojahn, Prentice, Fraser, Drew, L. Smith, Amondson, Bluechel, Schow, Morton, Cantu, Sellar, Newhouse, Anderson, Oke, McDonald, Nelson, Hochstatter, Roach, West, Moyer, Deccio, Erwin and Winsley
Repealing the general business and occupation surtax.
Referred to Committee on Revenue.
On motion of Representative Peery, the bills and resolutions listed on today's introduction sheet under the fourth order of business were referred to the committees so designated.
There being no objection, the House advanced to the fifth order of business.
REPORTS OF STANDING COMMITTEES
February 23, 1994
HB 2917 Prime Sponsor, Representative Thibaudeau: Maximizing the number of residents who receive the federal earned income credit. Reported by Committee on Human Services
MAJORITY recommendation: Do pass. Signed by Representatives Leonard, Chair; Thibaudeau, Vice Chair; Cooke, Ranking Minority Member; Talcott, Assistant Ranking Minority Member; Brown; Caver; Karahalios; Lisk; Padden; Patterson; Riley and Wolfe.
Referred to Committee on Appropriations.
February 24, 1994
E2SSB 5329 Prime Sponsor, Committee on Government Operations: Revising provisions relating to port district elections. Reported by Committee on Local Government
MAJORITY recommendation: Do pass. Signed by Representatives H. Myers, Chair; Springer, Vice Chair; Edmondson, Ranking Minority Member; Reams, Assistant Ranking Minority Member; Dunshee; R. Fisher; Horn; Moak; Rayburn; Van Luven and Zellinsky.
Passed to Committee on Rules for second reading.
February 24, 1994
ESB 5692 Prime Sponsor, Sutherland: Financing conservation investment by electrical, gas, and water companies. Reported by Committee on Energy & Utilities
MAJORITY recommendation: Do pass. Signed by Representatives Bray, Chair; Finkbeiner, Vice Chair; Casada, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Caver; Johanson; Kessler; Kremen and Long.
Passed to Committee on Rules for second reading.
February 23, 1994
SSB 5819 Prime Sponsor, Senator Haugen: Authorizing voting by mail for any primary or election for a two-year period. Reported by Committee on State Government
MAJORITY recommendation: Do pass. Signed by Representatives Anderson, Chair; Veloria, Vice Chair; Reams, Ranking Minority Member; L. Thomas, Assistant Ranking Minority Member; Campbell; Conway; Dyer; King and Pruitt.
Passed to Committee on Rules for second reading.
February 23, 1994
SSB 6006 Prime Sponsor, Committee on Ways & Means: Concerning the judicial information system. Reported by Committee on Revenue
MAJORITY recommendation: Do pass. Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Fuhrman, Assistant Ranking Minority Member; Anderson; Brown; Caver; Cothern; Leonard; Romero; Rust; Silver; Talcott; Thibaudeau; Van Luven and Wang.
Passed to Committee on Rules for second reading.
February 22, 1994
SB 6054 Prime Sponsor, Loveland: Concerning the Washington state patrol's dental identification system. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Representatives R. Fisher, Chair; Brown, Vice Chair; Jones, Vice Chair; Schmidt, Ranking Minority Member; Mielke, Assistant Ranking Minority Member; Backlund; Brumsickle; Cothern; Eide; Finkbeiner; Forner; Fuhrman; Hansen; Heavey; Horn; Johanson; J. Kohl; Orr; Quall; Romero; Sheldon; Shin; Wood and Zellinsky.
Excused: Representatives Brough, R. Meyers and Patterson.
Referred to Committee on Appropriations.
February 22, 1994
SB 6060 Prime Sponsor, Owen: Correcting a double amendment related to commercial salmon fishing licenses and delivery licenses. Reported by Committee on Fisheries & Wildlife
MAJORITY recommendation: Do pass. Signed by Representatives King, Chair; Fuhrman, Ranking Minority Member; Sehlin, Assistant Ranking Minority Member; Chappell; Foreman; Quall and Scott.
Excused: Representatives Orr; Vice Chair and Basich.
Passed to Committee on Rules for second reading.
February 23, 1994
SB 6061 Prime Sponsor, Vognild: Revising provisions relating to special elections to validate excess levies or bond issues. Reported by Committee on State Government
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 29.13.010 and 1992 c 37 s 1 are each amended to read as follows:
(1) All state, county, city, town, and district general elections for the election of federal, state, legislative, judicial, county, city, town, district, and precinct officers, and for the submission to the voters of the state, county, city, town, or district of any measure for their adoption and approval or rejection, shall be held on the first Tuesday after the first Monday of November, in the year in which they may be called. A state-wide general election shall be held on the first Tuesday after the first Monday of November of each year: PROVIDED, That the state-wide general election held in odd-numbered years shall be limited to (a) city, town, and district general elections as provided for in RCW 29.13.020, or as otherwise provided by law; (b) the election of federal officers for the remainder of any unexpired terms in the membership of either branch of the congress of the United States; (c) the election of state and county officers for the remainder of any unexpired terms of offices created by or whose duties are described in Article II, section 15, Article III, sections 16, 17, 19, 20, 21, 22, and 23, and Article IV, sections 3 and 5 of the state Constitution and RCW 2.06.080; (d) the election of county officers in any county governed by a charter containing provisions calling for general county elections at this time; and (e) the approval or rejection of state measures, including proposed constitutional amendments, matters pertaining to any proposed constitutional convention, initiative measures and referendum measures proposed by the electorate, referendum bills, and any other matter provided by the legislature for submission to the electorate.
(2) A county legislative authority may, if it deems an emergency to exist, call a special county election by presenting a resolution to the county auditor at least forty-five days prior to the proposed election date. Except as provided in subsection (4) of this section, a special election called by the county legislative authority shall be held on one of the following dates as decided by such governing body:
(a) The first Tuesday after the first Monday in February;
(b) The second Tuesday in March;
(c) The ((first Tuesday after the first Monday)) fourth Tuesday in April;
(d) The third Tuesday in May;
(e) The day of the primary as specified by RCW 29.13.070; or
(f) The first Tuesday after the first Monday in November.
(3) In addition to the dates set forth in subsection (2) (a) through (f) of this section, a special election to validate an excess levy or bond issue may be called at any time to meet the needs resulting from ((failure of a county to pass a special levy for the first time or from)) fire, flood, earthquake, or other act of God. Such county special election shall be noticed and conducted in the manner provided by law.
(4) In a presidential election year, if a presidential preference primary is conducted in February, March, April, or May under chapter 29.19 RCW, the date on which a special election may be called by the county legislative authority under subsection (2) of this section during the month of that primary is the date of the presidential primary.
(5) This section shall supersede the provisions of any and all other statutes, whether general or special in nature, having different dates for such city, town, and district elections, the purpose of this section being to establish mandatory dates for holding elections except for those elections held pursuant to a home-rule charter adopted under Article XI, section 4 of the state Constitution. This section shall not be construed as fixing the time for holding primary elections, or elections for the recall of any elective public officer.
Sec. 2. RCW 29.13.020 and 1992 c 37 s 2 are each amended to read as follows:
(1) All city, town, and district general elections shall be held throughout the state of Washington on the first Tuesday following the first Monday in November in the odd-numbered years.
This section shall not apply to:
(a) Elections for the recall of any elective public officer;
(b) Public utility districts or district elections at which the ownership of property within those districts is a prerequisite to voting, all of which elections shall be held at the times prescribed in the laws specifically applicable thereto;
(c) Consolidation proposals as provided for in RCW 28A.315.280 and nonhigh capital fund aid proposals as provided for in chapter 28A.540 RCW.
(2) The county auditor, as ex officio supervisor of elections, upon request in the form of a resolution of the governing body of a city, town, or district, presented to the auditor at least forty-five days prior to the proposed election date, may, if the county auditor deems an emergency to exist, call a special election in such city, town, or district, and for the purpose of such special election he or she may combine, unite, or divide precincts. Except as provided in subsection (3) of this section, such a special election shall be held on one of the following dates as decided by the governing body:
(a) The first Tuesday after the first Monday in February;
(b) The second Tuesday in March;
(c) The ((first Tuesday after the first Monday)) fourth Tuesday in April;
(d) The third Tuesday in May;
(e) The day of the primary election as specified by RCW 29.13.070; or
(f) The first Tuesday after the first Monday in November.
(3) In a presidential election year, if a presidential preference primary is conducted in February, March, April, or May under chapter 29.19 RCW, the date on which a special election may be called under subsection (2) of this section during the month of that primary is the date of the presidential primary.
(4) In addition to subsection (2) (a) through (f) of this section, a special election to validate an excess levy or bond issue may be called at any time to meet the needs resulting from ((failure of a school or junior taxing district to pass a special levy or bond issue for the first time or from)) fire, flood, earthquake, or other act of God, except that no special election may be held between the first day for candidates to file for public office and the last day to certify the returns of the general election other than as provided in subsection (2) (e) and (f) of this section. Such special election shall be conducted and notice thereof given in the manner provided by law.
(5) This section shall supersede the provisions of any and all other statutes, whether general or special in nature, having different dates for such city, town, and district elections, the purpose of this section being to establish mandatory dates for holding elections.
NEW SECTION. Sec. 3. This act shall take effect January 1, 1995."
Signed by Representatives Anderson, Chair; Veloria, Vice Chair; Reams, Ranking Minority Member; L. Thomas, Assistant Ranking Minority Member; Campbell; Conway; Dyer; King and Pruitt.
Passed to Committee on Rules for second reading.
February 22, 1994
SSB 6063 Prime Sponsor, Committee on Government Operations: Concerning local voters' pamphlets. Reported by Committee on State Government
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 29.81A.020 and 1984 c 106 s 4 are each amended to read as follows:
(1) ((Within five days of the adoption by the county legislative authority of an ordinance authorizing)) Not later than ninety days before the publication and distribution of a local voters' pamphlet by a county, the county auditor shall notify each city, town, or special taxing district located wholly within that county that a pamphlet will be produced. ((If the ordinance applies to future primaries or elections, the ordinance shall provide for such a notification prior to those primaries or elections.))
(2) If a voters' pamphlet is published by the county for a primary or general election, the pamphlet shall be published for the elective offices and ballot measures of the county and for the elective offices and ballot measures of each unit of local government located entirely within the county which will appear on the ballot at that primary or election. However, the offices and measures of a first class or code city shall not be included in the pamphlet if the city publishes and distributes its own voters' pamphlet for the primary or election for its offices and measures. The offices and measures of any other town or city are not required to appear in the county's pamphlet if the town or city is obligated by ordinance or charter to publish and distribute a voters' pamphlet for the primary or election for its offices and measures and it does so.
If the required appearance in a county's voters' pamphlet of the offices or measures of a unit of local government would create undo financial hardship for the unit of government, the legislative authority of the unit may petition the legislative authority of the county to waive this requirement. The legislative authority of the county may provide such a waiver if it does so not later than sixty days before the publication of the pamphlet and it finds that the requirement would create such hardship.
(3) If a city, town, or district is located within more than one county, the respective county auditors may enter into an interlocal agreement to permit the distribution of each county's local voters' pamphlet into those parts of the city, town, or district located outside of that county.
(((2))) (4) If a first-class or code city authorizes the production and distribution of a local voters' pamphlet, the city clerk of that city shall notify any special taxing district located wholly within that city that a pamphlet will be produced. Notification shall be provided in the manner required or provided for in subsection (1) of this section.
(((3) Upon receipt of the notification, the legislative authority of each city, town, or district shall determine whether it will include any information from that jurisdiction in the local voters' pamphlet for a specific primary, special election, or general election or for any future primaries or elections. If it chooses to participate, it shall include information on all measures from that jurisdiction, and may include information on candidates.))
(5) A unit of local government located within a county and the county may enter into an interlocal agreement for the publication of a voters' pamphlet for offices or measures not required by subsection (2) of this section to appear in a county's pamphlet.
Sec. 2. RCW 29.81A.080 and 1984 c 106 s 10 are each amended to read as follows:
For each measure from a ((jurisdiction)) unit of local government that is included in a local voters' pamphlet, the legislative authority of that jurisdiction shall, not later than forty-five days before the publication of the pamphlet, formally appoint a committee to prepare arguments advocating voters' approval of the measure and shall formally appoint a committee to prepare arguments advocating voters' rejection of the measure. The authority shall appoint persons known to favor the measure to serve on the committee advocating approval and shall, whenever possible, appoint persons known to oppose the measure to serve on the committee advocating rejection. Each committee shall have not more than three members, however, a committee may seek the advice of any person or persons. If the legislative authority of a unit of local government fails to make such appointments by the prescribed deadline, the county auditor shall whenever possible make the appointments."
Signed by Representatives Anderson, Chair; Veloria, Vice Chair; Reams, Ranking Minority Member; L. Thomas, Assistant Ranking Minority Member; Campbell; Conway; Dyer; King and Pruitt.
Passed to Committee on Rules for second reading.
February 23, 1994
SSB 6073 Prime Sponsor, Committee on Labor & Commerce: Correcting unemployment compensation statutes for base year compensation and defining employment. Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass with the following amendment:
On page 2, after line 17, insert the following:
"NEW SECTION. Sec. 3. A new section is added to chapter 50.22 RCW to read as follows:
Supplemental additional benefits shall be available to individuals who, under this chapter, had a balance of extended benefits available after payments up to and including the week ending February 26, 1994.
(1) Total supplemental additional benefits payable shall be equal to the extended benefit balance remaining after extended benefit payments for up to and including the week ending February 26, 1994, and shall be paid at the same weekly benefit amount.
(2) The week ending March 5, 1994, is the first week for which supplemental additional benefits are payable.
(3) Supplemental additional benefits shall be paid under the same terms and conditions as extended benefits.
(4) Supplemental additional benefits are not payable for weeks more than one year beyond the end of the benefit year of the regular claim.
(5) Weeks of supplemental additional benefits may not be paid for weeks that begin after the start of a new extended benefit period, or any totally federally funded benefit program with eligibility criteria and benefits comparable to additional benefits.
(6) Weeks of supplemental additional benefits may not be paid for weeks of unemployment beginning after December 31, 1995."
On page 3, after line 4, insert the following:
"(3) Section 3 of 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 shall take effect immediately."
Signed by Representatives Heavey, Chair; G. Cole, Vice Chair; Lisk, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Conway; Horn; King; Springer and Veloria.
Passed to Committee on Rules for second reading.
February 23, 1994
SSB 6087 Prime Sponsor, Committee on Health & Human Services: Concerning the health and safety of farmworkers' housing. Reported by Committee on Trade, Economic Development & Housing
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) A joint legislative task force on farmworker housing is created.
(2) It shall be composed of not more than two senate members to be selected by the chair of the senate health and human services committee, and two members of the house of representatives, to be selected by the chair of the house of representatives agriculture committee. The committee shall select its chair.
(3) Staff assistance for the committee shall be provided by senate committee services and the house of representatives office of program research. Additional staff support or consultation shall be provided by the department of health, the department of community, trade, and economic development, the department of labor and industries, and other executive agencies as requested by the task force.
(4) The members of the task force shall be reimbursed for travel expenses through the house of representatives and senate.
(5) The task force shall develop draft legislation to improve the quality, supply, and affordability of farmworker housing by making changes in statutes controlling zoning, building codes, taxes, inspection requirements, financial incentives to construct or renovate farmworker housing, or by other means the task force deems appropriate and effective.
(6) The task force shall submit its draft legislation to the Washington state legislature by January 30, 1995."
Signed by Representatives Wineberry, Chair; Shin, Vice Chair; Schoesler, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Backlund; Campbell; Casada; Conway; Morris; Quall; Sheldon; Springer and Valle.
Excused: Representative Wood.
Passed to Committee on Rules for second reading.
February 23, 1994
SSB 6096 Prime Sponsor, Senator Rasmussen: Making major changes to milk and milk products regulations. Reported by Committee on Agriculture & Rural Development
MAJORITY recommendation: Do pass. Signed by Representatives Rayburn, Chair; Kremen, Vice Chair; Chandler, Ranking Minority Member; Schoesler, Assistant Ranking Minority Member; Chappell; Grant; Karahalios; McMorris and Roland.
Excused: Representative Lisk.
Passed to Committee on Rules for second reading.
February 23, 1994
SSB 6098 Prime Sponsor, Senator Rasmussen: Eliminating the expiration of the dairy inspection program. Reported by Committee on Agriculture & Rural Development
MAJORITY recommendation: Do pass. Signed by Representatives Rayburn, Chair; Kremen, Vice Chair; Chandler, Ranking Minority Member; Schoesler, Assistant Ranking Minority Member; Chappell; Grant; Karahalios; McMorris and Roland.
Excused: Representative Lisk.
Passed to Committee on Rules for second reading.
February 23, 1994
SSB 6099 Prime Sponsor, Committee on Agriculture: Modifying weights and measures provisions. Reported by Committee on Agriculture & Rural Development
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 19.94.010 and 1992 c 237 s 3 are each amended to read as follows:
(1) Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter and to any rules adopted pursuant to this chapter.
(a) "City" means a first class city with a population of over fifty thousand persons.
(b) "City sealer" means the person duly authorized by a city to enforce and administer the weights and measures program within such city and any duly appointed deputy sealer acting under the instructions and at the direction of the city sealer.
(c) "Commodity in package form" means a commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale, exclusive, however, of an auxiliary shipping container enclosing packages that individually conform to the requirements of this chapter. An individual item or lot of any commodity not in packaged form, but on which there is marked a selling price based on established price per unit of weight or of measure, shall be construed to be a commodity in package form.
(d) "Consumer package" or "package of consumer commodity" means a commodity in package form that is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by persons, or used by persons for the purpose of personal care or in the performance of services ordinarily rendered in or about a household or in connection with personal possessions.
(e) "Cord" means the measurement of wood intended for fuel or pulp purposes that is contained in a space of one hundred twenty-eight cubic feet, when the wood is ranked and well stowed.
(f) "Department" means the department of agriculture of the state of Washington.
(g) "Director" means the director of the department or duly authorized representative acting under the instructions and at the direction of the director.
(h) "Fish" means any waterbreathing animal, including shellfish, such as, but not limited to, lobster, clam, crab, or other mollusca that is prepared, processed, sold, or intended for sale.
(i) "Net weight" means the weight of a commodity excluding any materials, substances, or items not considered to be part of such commodity. Materials, substances, or items not considered to be part of a commodity shall include, but are not limited to, containers, conveyances, bags, wrappers, packaging materials, labels, individual piece coverings, decorative accompaniments, and coupons.
(j) "Nonconsumer package" or "package of nonconsumer commodity" means a commodity in package form other than a consumer package and particularly a package designed solely for industrial or institutional use or for wholesale distribution only.
(k) "Meat" means and shall include all animal flesh, carcasses, or parts of animals, and shall also include fish, shellfish, game, poultry, and meat food products of every kind and character, whether fresh, frozen, cooked, cured, or processed.
(l) "Official seal of approval" means the uniform seal or certificate issued by the director or city sealer which indicates that a weights and measures standard or a weighing or measuring instrument or device conforms with the specifications, tolerances, and other technical requirements adopted in RCW 19.94.195.
(m) "Person" means any individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, copartnership, joint venture, club, company, business trust, corporation, association, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise.
(n) "Poultry" means all fowl, domestic or wild, that is prepared, processed, sold, or intended or offered for sale.
(o) "Service agent" means a person who for hire, award, commission, or any other payment of any kind, installs, inspects, checks, adjusts, repairs, reconditions, or systematically standardizes the graduations of a weighing or measuring instrument or device.
(p) "Ton" means a unit of two thousand pounds avoirdupois weight.
(q) "Weighing or measuring instrument or device" means any equipment or apparatus used commercially to establish the size, quantity, capacity, count, extent, area, heaviness, or measurement of quantities, things, produce, or articles for distribution or consumption, that are purchased, offered or submitted for sale, hire, or award on the basis of weight, measure or count, including any accessory attached to or used in connection with a weighing or measuring instrument or device when such accessory is so designed or installed that its operation affects, or may effect, the accuracy or indication of the device. This definition shall be strictly limited to those weighing or measuring instruments or devices governed by Handbook 44 as adopted under RCW 19.94.195.
(r) "Weight" means net weight as defined in this section.
(s) "Weights and measures" means the recognized standards or units of measure used to indicate the size, quantity, capacity, count, extent, area, heaviness, or measurement of any consumable commodity.
(t) "Secondary weights and measures standard" means ((any object)) the physical standards that are traceable to the primary standards through comparisons, used by the director, a city sealer, or a service agent that under specified conditions defines or represents a recognized weight or measure during the inspection, adjustment, testing, or systematic standardization of the graduations of any weighing or measuring instrument or device.
(2) The director shall prescribe by rule other definitions as may be necessary for the implementation of this chapter.
Sec. 2. RCW 19.94.160 and 1992 c 237 s 5 are each amended to read as follows:
Weights and measures standards that are in conformity with the standards of the United States as have been supplied to the state by the federal government or otherwise obtained by the state for use as state weights and measures standards, shall, when the same shall have been certified as such by the national institute of standards and technology or any successor organization, be the ((state)) primary standards of weight and measure. The state weights and measures standards shall be kept in a place designated by the director and shall ((not be removed from such designated place except for repairs or for certification. These state weights and measures standards shall be submitted at least once every ten years to the national institute of standards and technology or any successor organization for certification)) be maintained in such calibration as prescribed by the national institute of standards and technology or any successor organization.
Sec. 3. RCW 19.94.175 and 1992 c 237 s 7 are each amended to read as follows:
(1) ((The department shall establish reasonable, biennial inspection and testing fees for each type or class of weighing or measuring instrument or device required to be inspected and tested under this chapter. These inspection and testing fees shall be equitably prorated within each such type or class and shall be limited to those amounts necessary for the department to cover, to the extent possible, the direct costs associated with the inspection and testing of each type or class of weighing or measuring instrument or device.
(2) Prior to the establishment and each amendment of the fees authorized under this chapter, a weights and measures fee task force shall be convened under the direction of the department. The task force shall be composed of a representative from the department who shall serve as chair and one representative from each of the following: City sealers, service agents, service stations, grocery stores, retailers, food processors/dealers, oil heat dealers, the agricultural community, and liquid propane dealers. The task force shall recommend the appropriate level of fees to be assessed by the department pursuant to subsection (1) of this section, based upon the level necessary to cover the direct costs of administering and enforcing the provisions of this chapter and to the extent possible be consistent with fees reasonably and customarily charged in the private sector for similar services.
(3))) The following fees shall be charged for the inspection and testing of weighing or measuring instruments or devices required to be inspected and tested under this chapter:
(a) Weighing devices:
(i) Small scales "zero to four hundred pounds capacity". . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 12.00
(ii) Intermediate scales "four hundred one pounds to five thousand pounds capacity". . . . . . . $ 50.00
(iii) Large scales "over five thousand pounds capacity". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 105.00
(iv) Large scales with supplemental devices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 125.00
(v) Railroad track scales. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 800.00
(b) Liquid fuel metering devices:
(i) Motor fuel meters with flows of less than twenty gallons per minute. . . . . . . . . . . . . . . . . $ 12.00
(ii) Motor fuel meters with flows of more than twenty but not more than one hundred fifty gallons per minute. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40.00
(iii) Motor fuel meters with flows over one hundred fifty gallons per minute. . . . . . . . . . . . . . $ 50.00
(c) Liquid petroleum gas meters:
(i) With one inch diameter or smaller dispensers that are not compensated for temperature variations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50.00
(ii) With one inch diameter or smaller dispensers that are compensated for temperature variations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50.00
(iii) With greater than one inch diameter dispensers that are not compensated for temperature variations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75.00
(iv) With greater than one inch diameter dispensers that are compensated for temperature variations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75.00
(d) Fabric meters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12.00
(e) Cordage meters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12.00
(f) Mass flow meters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 35.00
(g) Taxi meters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12.00
(2) The fees authorized under this chapter ((may)) shall be billed only after the director or a city sealer has ((issued an official seal of approval for a)) officially inspected and tested any weighing or measuring instrument or device ((or a weight or measure standard)).
(((4) All fees)) (3) Any fees assessed under this chapter shall become due and payable thirty days after billing by the department or a city sealer. A late penalty of one and one-half percent per month may be assessed on the unpaid balance more than thirty days in arrears.
(((5))) (4) Fees upon weighing or measuring instruments or devices within the jurisdiction of the city that are collected under this section by city sealers shall be deposited into the general fund, or other account, of the city as directed by the governing body of the city. ((On the thirtieth day of each month, city sealers shall, pursuant to procedures established and upon forms provided by the director, remit to the department for administrative costs ten percent of the total fees collected.
(6))) (5) With the exception of subsection (((7))) (6) of this section, no person shall be required to pay more than the established inspection and testing fee adopted under this section for any weighing or measuring instrument or device in any two-year period when the same has been found to be correct.
(((7) Whenever a special request is made by the owner for the inspection and testing of a weighing or measuring instrument or device, the fee prescribed by the director for such a weighing or measuring instrument or device shall be paid by the owner.))
(6) The department or a city sealer may establish reasonable inspection and testing fees for each type or class of weighing or measuring instrument or device specially requested to be inspected or tested by the device owner. These inspection and testing fees shall be limited to those amounts necessary for the department or city sealer to cover the direct costs associated with such inspection and testing. The fees established under this subsection shall not be set so as to compete with service agents normally engaged in such services.
NEW SECTION. Sec. 4. A new section is added to chapter 19.94 RCW to read as follows:
(1) The department or a city sealer may establish reasonable reinspection and testing fees for each type or class of weighing or measuring instrument or device required to be inspected and tested under this chapter when such a device has been found to be incorrect. These reinspection and testing fees shall be limited to those amounts necessary for the department or a city sealer to cover, to the extent possible, the direct costs associated with the reinspection and testing of each type or class of weighing or measuring instrument or device. Investigations for cause shall not be construed as reinspections under this section.
(2) Prior to the establishment and each amendment of the fees authorized under this section, a weights and measures fee task force shall be convened under the direction of the department. The task force shall be composed of a representative from the department who shall serve as chair and one representative appointed by the director from each of the following: City sealers, service agents, service stations, grocery stores, retailers, food processors/dealers, oil heat dealers, the agricultural community, and liquid propane dealers. The task force shall approve the appropriate level of fees to be assessed by the department by rule pursuant to subsection (1) of this section, based upon the level necessary to cover the direct costs of administering and enforcing the provisions of this section and to the extent possible be consistent with fees reasonably and customarily charged in the private sector for similar services. Only fee levels approved by the task force may be assessed under this section.
(3) This section expires June 30, 1995.
Sec. 5. RCW 19.94.185 and 1992 c 237 s 8 are each amended to read as follows:
All moneys collected under this chapter shall be placed in the weights and measures account hereby established in the state treasury. Moneys deposited in this account may be spent only following appropriation by law and shall be used solely for the purposes ((of weighing or measuring instrument or device inspection and testing)) relating to the enforcement or implementation of this chapter.
Sec. 6. RCW 19.94.190 and 1992 c 237 s 9 are each amended to read as follows:
(1) The director and duly appointed city sealers shall enforce the provisions of this chapter. The director shall adopt rules for enforcing and carrying out the purposes of this chapter including but not limited to the following:
(a) Establishing state standards of weight, measure, or count, and reasonable standards of fill for any commodity in package form;
(b) The establishment of technical and reporting procedures to be followed, any necessary report and record forms, and marks of rejection to be used by the director and city sealers in the discharge of their official duties as required by this chapter;
(c) The establishment of technical test procedures, reporting procedures, and any necessary record and reporting forms to be used by service agents when installing, repairing, inspecting, or standardizing the graduations of any weighing or measuring instruments or devices;
(d) ((The establishment of fee payment and reporting procedures and any necessary report and record forms to be used by city sealers when remitting the percentage of total fees collected as required under this chapter;
(e))) The establishment of exemptions from the sealing or marking inspection and testing requirements of RCW 19.94.250 with respect to weighing or measuring instruments or devices of such character or size that such sealing or marking would be inappropriate, impracticable, or damaging to the apparatus in question;
(((f))) (e) The establishment of exemptions from the inspection and testing requirements of RCW 19.94.165 with respect to classes of weighing or measuring instruments or devices found to be of such character that periodic inspection and testing is unnecessary to ensure continued accuracy; and
(((g))) (f) The establishment of inspection and approval techniques, if any, to be used with respect to classes of weighing or measuring instruments or devices that are designed specifically to be used commercially only once and then discarded, or are uniformly mass-produced by means of a mold or die and are not individually adjustable.
(2) These rules shall also include specifications and tolerances for the acceptable range of accuracy required of weighing or measuring instruments or devices and shall be designed to eliminate from use, without prejudice to weighing or measuring instruments or devices that conform as closely as practicable to official specifications and tolerances, those (a) that are of such construction that they are faulty, that is, that are not reasonably permanent in their adjustment or will not repeat their indications correctly, or (b) that facilitate the perpetration of fraud.
Sec. 7. RCW 19.94.216 and 1992 c 237 s 12 are each amended to read as follows:
The department shall:
(1) Biennially inspect and test the secondary weights and measures standards of any city for which the appointment of a city sealer is provided by this chapter and shall issue an official seal of approval for same when found to be correct. The department shall, by rule, establish a reasonable fee for ((such)) this and any other inspection and testing services performed by the department's metrology laboratory.
(2) Biennially inspect, test, and, if found to be correct, issue an official seal of approval for any weighing or measuring instrument or device used in an agency or institution to which moneys are appropriated by the legislature or of the federal government and shall report any findings in writing to the executive officer of the agency or institution concerned. The department shall collect a reasonable fee, to be set by rule, for testing any such weighing or measuring instrument or device.
(3) Inspect, test, and, if found to be correct, issue a seal of approval for classes of weighing or measuring instruments or devices found to be few in number, highly complex, and of such character that differential inspection and testing frequency is necessary including, but not limited to, railroad track scales and grain elevator scales. The department shall develop rules regarding the inspection and testing procedures to be used for such weighing or measuring instruments or devices which shall include requirements for the provision, maintenance, and transport of any weight or measure standard necessary for inspection and testing at no expense to the state. The department may collect a reasonable fee, to be set by rule, for inspecting and testing any such weighing and measuring instruments or devices. This fee shall not be unduly burdensome and shall cover, to the extent possible, the direct costs of performing such service.
Sec. 8. RCW 19.94.255 and 1992 c 237 s 17 are each amended to read as follows:
(1) Weighing or measuring instruments or devices that have been rejected under the authority of the director or a city sealer shall remain subject to the control of the rejecting authority until such time as suitable repair or disposition thereof has been made as required by this section.
(2) The owner of any weighing or measuring instrument or device that has been marked or tagged as rejected by the director or a city sealer shall cause the same to be made correct within thirty days or such longer period as may be authorized by the rejecting authority. In lieu of correction, the owner of such weighing and measuring instrument or device may dispose of the same, but only in the manner specifically authorized by the rejecting authority.
(((3) Weighing and measuring instruments or devices that have been rejected shall not again be used commercially until they have been officially reexamined and, if found to be correct, had an official seal of approval placed upon or issued for such weighing or measuring instrument or device by the rejecting authority.))
Sec. 9. RCW 19.94.280 and 1992 c 237 s 20 are each amended to read as follows:
(1) There may be a city sealer in every city and such deputies as may be required by ordinance of each such city to administer and enforce the provisions of this chapter.
(2) Each city electing to have a city sealer shall adopt rules for the appointment and removal of the city sealer and any deputies required by local ordinance. The rules for appointment of a city sealer and any deputies must include provisions for the advice and consent of the local governing body of such city and, as necessary, any provisions for local civil service laws and regulations.
(3) A city sealer ((shall)) may adopt the fee amounts established ((by the director pursuant to RCW 19.94.165)) under RCW 19.94.175. However, no city shall adopt or charge an inspection, testing, reinspection, retesting, or licensing fee or any other fee upon a weighing or measuring instrument or device that is in excess of the fee amounts ((adopted under RCW 19.94.165)) established by the department under the provisions of this chapter for substantially similar services.
(4) A city sealer shall keep a complete and accurate record of all official acts performed under the authority of this chapter and shall submit an annual report to the governing body of his or her city and shall make any reports as may be required by the director.
Sec. 10. RCW 19.94.320 and 1992 c 237 s 22 are each amended to read as follows:
(1) In cities for which city sealers have been appointed as provided for in this chapter, the director shall have general ((supervisory powers over such)) oversight of city ((sealers)) weights and measures programs and may, when he or she deems it reasonably necessary, exercise concurrent authority to carry out the provisions of this chapter.
(2) When the director elects to exercise concurrent authority within a city with a duly appointed city sealer, the director's powers and duties relative to this chapter shall be in addition to the powers granted in any such city by law or charter.
Sec. 11. RCW 19.94.360 and 1969 c 67 s 36 are each amended to read as follows:
In addition to the declarations required by RCW 19.94.350, any commodity in package form, the package being one of a lot containing random weights, measures or counts of the same commodity ((and bearing the total selling price of the package)) at the time it is exposed for sale at retail, shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight, measure, or count and the total selling price of the package.
NEW SECTION. Sec. 12. A new section is added to chapter 15.80 RCW to read as follows:
All moneys collected under this chapter shall be placed in the weights and measures account in the state treasury created in RCW 19.94.185."
Signed by Representatives Rayburn, Chair; Kremen, Vice Chair; Chandler, Ranking Minority Member; Schoesler, Assistant Ranking Minority Member; Chappell; Grant; Karahalios; McMorris and Roland.
Excused: Representative Lisk.
Referred to Committee on Revenue.
February 22, 1994
SB 6135 Prime Sponsor, Talmadge: Modifying provisions regarding licensure of psychologists. Reported by Committee on Health Care
MAJORITY recommendation: Do pass. Signed by Representatives Dellwo, Chair; L. Johnson, Vice Chair; Dyer, Ranking Minority Member; Ballasiotes, Assistant Ranking Minority Member; Backlund; Conway; Cooke; Flemming; R. Johnson; Lemmon; Lisk; Mastin; Morris; Thibaudeau and Veloria.
Excused: Representative Appelwick.
Passed to Committee on Rules for second reading.
February 22, 1994
SB 6141 Prime Sponsor, Talmadge: Changing the start up date of the new composition for the public employees' benefits board. Reported by Committee on Health Care
MAJORITY recommendation: Do pass. Signed by Representatives Dellwo, Chair; L. Johnson, Vice Chair; Dyer, Ranking Minority Member; Ballasiotes, Assistant Ranking Minority Member; Backlund; Conway; Cooke; Flemming; R. Johnson; Lemmon; Lisk; Mastin; Morris; Thibaudeau and Veloria.
Excused: Representative Appelwick.
Passed to Committee on Rules for second reading.
February 23, 1994
SB 6147 Prime Sponsor, Wojahn: Increasing the length of terms for appointed members of the council for the prevention of child abuse and neglect. Reported by Committee on Human Services
MAJORITY recommendation: Do pass. Signed by Representatives Leonard, Chair; Thibaudeau, Vice Chair; Cooke, Ranking Minority Member; Talcott, Assistant Ranking Minority Member; Brown; Caver; Karahalios; Lisk; Padden; Patterson and Wolfe.
Excused: Representative Riley.
Passed to Committee on Rules for second reading.
February 22, 1994
ESB 6158 Prime Sponsor, Talmadge: Modifying regulations for control of tuberculosis. Reported by Committee on Health Care
MAJORITY recommendation: Do pass with the following amendment:
On page 1, strike everything after the enacting clause and insert
"NEW SECTION. Sec. 1. A new section is added to chapter 70.28 RCW to read as follows:
(1) Tuberculosis has been and continues to be a threat to the public's health in the state of Washington.
(2) While it is important to respect the rights of individuals, the legitimate public interest in protecting the public health and welfare from the spread of a deadly infectious disease outweighs incidental curtailment of individual rights that may occur in implementing effective testing, treatment, and infection control strategies.
(3) To protect the public's health, it is the intent of the legislature that local health officials provide culturally sensitive and medically appropriate early diagnosis, treatment, education, and follow-up to prevent tuberculosis. Further, it is imperative that public health officials and their staff have the necessary authority and discretion to take actions as are necessary to protect the health and welfare of the public, subject to the constitutional protection required under the federal and state Constitutions. Nothing in this chapter shall be construed as in any way limiting the broad powers of health officials to act as necessary to protect the public health.
NEW SECTION. Sec. 2. A new section is added to chapter 70.28 RCW to read as follows:
(1) The state board of health shall adopt rules establishing the requirements for:
(a) Reporting confirmed or suspected cases of tuberculosis by health care providers and reporting of laboratory results consistent with tuberculosis by medical test sites;
(b) Due process standards for health officers exercising their authority to involuntarily detain, test, treat, or isolate persons with suspected or confirmed tuberculosis under RCW 70.28.031 and 70.05.070 that provide for release from any involuntary detention, testing, treatment, or isolation as soon as the health officer determines the patient no longer represents a risk to the public's health;
(c) Training of persons to perform tuberculosis skin testing and to administer tuberculosis medications.
(2) Notwithstanding any other provision of law, persons trained under subsection (1)(c) of this section may perform skin testing and administer medications if doing so as part of a program established by a state or local health officer to control tuberculosis.
(3) The board shall adopt rules under subsection (1) of this section by December 31, 1994."
Signed by Representatives Dellwo, Chair; L. Johnson, Vice Chair; Dyer, Ranking Minority Member; Ballasiotes, Assistant Ranking Minority Member; Backlund; Conway; Cooke; Flemming; R. Johnson; Lemmon; Lisk; Mastin; Morris; Thibaudeau and Veloria.
Excused: Representative Appelwick.
Passed to Committee on Rules for second reading.
February 23, 1994
SSB 6164 Prime Sponsor, Committee on Trade, Technology & Economic Development: Concerning economic development in rural areas. Reported by Committee on Agriculture & Rural Development
MAJORITY recommendation: Do pass. Signed by Representatives Rayburn, Chair; Kremen, Vice Chair; Chandler, Ranking Minority Member; Schoesler, Assistant Ranking Minority Member; Chappell; Grant; Karahalios; McMorris and Roland.
Excused: Representative Lisk.
Referred to Committee on Appropriations.
February 23, 1994
SB 6173 Prime Sponsor, Bauer: Delaying or repealing specified sunset provisions. Reported by Committee on State Government
MAJORITY recommendation: Do pass. Signed by Representatives Anderson, Chair; Veloria, Vice Chair; Reams, Ranking Minority Member; L. Thomas, Assistant Ranking Minority Member; Campbell; Conway; Dyer; King and Pruitt.
Passed to Committee on Rules for second reading.
February 22, 1994
SB 6187 Prime Sponsor, Drew: Permitting relief for election officers. Reported by Committee on State Government
MAJORITY recommendation: Do pass. Signed by Representatives Anderson, Chair; Veloria, Vice Chair; Reams, Ranking Minority Member; L. Thomas, Assistant Ranking Minority Member; Campbell; Conway; Dyer; King and Pruitt.
Passed to Committee on Rules for second reading.
February 23, 1994
SSB 6188 Prime Sponsor, Committee on Government Operations: Implementing the National Voter Registration Act. Reported by Committee on State Government
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 10.64 RCW to read as follows:
Within fourteen days of the entry of a judgment of conviction of an individual for a felony, the clerk of the court shall send a notice of the conviction including the full name of the defendant and his or her residential address to the county auditor or custodian of voting records in the county of the defendant's residence.
Sec. 2. RCW 29.01.006 and 1990 c 59 s 2 are each amended to read as follows:
As used in this title:
(1) "Ballot" means, as the context implies, either:
(a) The issues and offices to be voted upon in a jurisdiction or portion of a jurisdiction at a particular primary, general election, or special election;
(b) A facsimile of the contents of a particular ballot whether printed on a paper ballot or ballot card or as part of a voting machine or voting device;
(c) A physical or electronic record of the choices of an individual voter in a particular primary, general election, or special election; or
(d) The physical document on which the voter's choices are to be recorded;
(2) "Paper ballot" means a piece of paper on which the ballot for a particular election or primary has been printed, on which a voter may record his or her choices for any candidate or for or against any measure, and that is to be tabulated manually;
(3) "Ballot card" means any type of card or piece of paper of any size on which a voter may record his or her choices for any candidate and for or against any measure and that is to be tabulated on a vote tallying system;
(4) "Sample ballot" means a printed facsimile of all the issues and offices on the ballot in a jurisdiction and is intended to give voters notice of the issues, offices, and candidates that are to be voted on at a particular primary, general election, or special election;
(5) "Special ballot" means a ballot issued to a voter at the polling place on election day by the precinct election board, for one of the following reasons:
(a) The voter's name does not appear in the poll book;
(b) There is an indication in the poll book that the voter has requested an absentee ballot, but the voter wishes to vote at the polling place;
(c) There is a question on the part of the voter concerning the issues or candidates on which the voter is qualified to vote.
Sec. 3. RCW 29.04.040 and 1986 c 167 s 2 are each amended to read as follows:
(1) No paper ballot precinct may contain more than three hundred active registered voters. The county legislative authority may divide, alter, or combine precincts so that, whenever practicable, over-populated precincts shall contain no more than two hundred fifty active registered voters in anticipation of future growth.
(2) Precinct boundaries may be altered at any time as long as sufficient time exists prior to a given election for the necessary procedural steps to be honored. Except as permitted under subsection (5) of this section, no precinct boundaries may be changed during the period starting on the thirtieth day prior to the first day for candidates to file for the primary election and ending with the day of the general election.
(3) Precincts in which voting machines or electronic voting devices are used may contain as many as nine hundred active registered voters, but there shall be at least one voting machine or device for each three hundred active registered voters or major fraction thereof when a state primary or general election is held in an even-numbered year.
(4) On petition of twenty-five or more voters resident more than ten miles from any place of election, the county legislative authority shall establish a separate voting precinct therefor.
(5) The county auditor shall temporarily adjust precinct boundaries when a city annexes county territory to the city. The adjustment shall be made as soon as possible after the approval of the annexation. The temporary adjustment shall be limited to the minimum changes necessary to accommodate the addition of the territory to the city and shall remain in effect only until precinct boundary modifications reflecting the annexation are adopted by the county legislative authority.
The county legislative authority may establish by ordinance a limitation on the maximum number of active registered voters in each precinct within its jurisdiction. The limitation may be different for precincts based upon the method of voting used for such precincts and the number may be less than the number established by law, but in no case may the number exceed that authorized by law.
The county legislative authority of each county in the state hereafter formed shall, at their first session, divide their respective counties into election precincts with two hundred fifty active registered voters or less and establish the boundaries of the precincts. The county auditor shall thereupon designate the voting place for each such precinct.
(6) In determining the number of active registered voters for the purposes of this section, persons who are ongoing absentee voters under RCW 29.36.013 shall not be counted. Nothing in this subsection may be construed as altering the vote tallying requirements of RCW 29.62.090.
Sec. 4. RCW 29.04.070 and 1965 c 9 s 29.04.070 are each amended to read as follows:
The secretary of state through ((his)) the election division shall be the chief election officer for all federal, state, county, city, town, and district elections and it shall be his or her duty to keep records of such elections held in the state and to make such records available to the public upon request, and to coordinate those state election activities required by federal law.
Sec. 5. RCW 29.04.100 and 1975-'76 2nd ex.s. c 46 s 1 are each amended to read as follows:
(1) In the case of voter registration records received through the department of licensing, the identity of the office at which any particular individual registered to vote is not available for public inspection and shall not be disclosed to the public. In the case of voter registration records received through an agency designated under section 26 of this act, the identity of the agency at which any particular individual registered to vote is not available for public inspection and shall not be disclosed to the public. Any record of a particular individual's choice not to register to vote at an office of the department of licensing or a state agency designated under section 26 of this act is not available for public inspection and any information regarding such a choice by a particular individual shall not be disclosed to the public.
(2) All poll books or current lists of registered voters, except original voter registration forms or their images, shall be public records and be made available for inspection under such reasonable rules and regulations as the county auditor may prescribe. The county auditor shall promptly furnish current lists or mailing labels of registered voters in his or her possession, at actual reproduction cost, to any person requesting such information: PROVIDED, That such lists and labels shall not be used for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product, or service or for the purpose of mailing or delivering any solicitation for money, services, or anything of value: PROVIDED, HOWEVER, That such lists and labels may be used for any political purpose. ((In the case of political subdivisions which encompass portions of more than one county, the request may be directed to the secretary of state who shall contact the appropriate county auditors and arrange for the timely delivery of the requested information.))
Sec. 6. RCW 29.04.110 and 1973 1st ex.s. c 111 s 3 are each amended to read as follows:
Except original voter registration forms or their images, a reproduction of any form of data storage, in the custody of the county auditor, ((for)) including poll books and precinct lists of registered voters, ((including)) magnetic tapes or discs, punched cards, and any other form of storage of such books and lists, shall at the written request of any person be furnished to him or her by the county auditor pursuant to such reasonable rules and regulations as the county auditor may prescribe, and at a cost equal to the county's actual cost in reproducing such form of data storage. Any data contained in a form of storage furnished under this section shall not be used for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product or service or for the purpose of mailing or delivering any solicitation for money, services or anything of value: PROVIDED, HOWEVER, That such data may be used for any political purpose. Whenever the county auditor furnishes any form of data storage under this section, he or she shall also furnish the person receiving the same with a copy of RCW 29.04.120.
NEW SECTION. Sec. 7. A new section is added to chapter 29.04 RCW to read as follows:
Each county auditor shall maintain for at least two years and shall make available for public inspection and copying all records concerning the implementation of programs and activities conducted for the purpose of insuring the accuracy and currency of official lists of eligible voters. These records must include lists of the names and addresses of all persons to whom notices are sent and information concerning whether or not each person has responded to the notices. These records must contain lists of all persons removed from the list of eligible voters and the reasons why the voters were removed.
Sec. 8. RCW 29.07.010 and 1984 c 211 s 3 are each amended to read as follows:
(1) In all counties, the county auditor shall be the chief registrar of voters for every precinct within the county. ((He or she shall)) The auditor may appoint a ((deputy registrar)) registration assistant for each precinct or group of precincts and shall appoint city or town clerks as ((deputy registrars)) registration assistants to assist in registering persons residing in cities, towns, and rural precincts within the county.
(2) In addition, the auditor ((shall)) may appoint a ((deputy registrar)) registration assistant for each common school. ((A deputy registrar in a common school shall be a school official or school employee.)) The auditor ((shall)) may appoint a ((deputy registrar)) registration assistant for each fire station ((that he or she finds is convenient to the public for registration purposes and is adequately staffed so that registration would not be a great inconvenience for the fire station personnel. A fire station appointee shall be a person employed at the station)). All common schools, fire stations, and public libraries shall make voter registration application forms available to the public.
(3) ((The auditor shall also appoint deputy registrars to provide voter registration services for each state office providing voter registration under RCW 29.07.025.
(4) A deputy registrar shall)) A registration assistant must be a registered voter. Except for city and town clerks, each ((registrar shall)) registration assistant holds office at the pleasure of the county auditor.
(((5))) (4) The county auditor shall be the custodian of the official registration records of ((each precinct within)) that county.
NEW SECTION. Sec. 9. A new section is added to chapter 29.07 RCW to read as follows:
"Information required for voter registration" means the minimum information provided on a voter registration application that is required by the county auditor in order to place a voter registration applicant on the voter registration rolls. This information includes the applicant's name, complete residence address, date of birth, and a signature attesting to the truth of the information provided on the application. All other information supplied is ancillary and not to be used as grounds for not registering an applicant to vote.
Sec. 10. RCW 29.07.025 and 1984 c 211 s 2 are each amended to read as follows:
(1) ((The director or chief administrative officer of)) Each state agency designated under section 26 of this act shall provide voter registration services for employees and the public within each office of that agency ((which is convenient to the public for registration purposes except where, or during such times as, the director or officer finds that there would be a great inconvenience to the public or to the operation of the agency due to inadequate staff time for this purpose)).
(2) The secretary of state shall design and provide a standard notice informing the public of the availability of voter registration, which notice shall be posted in each state agency where such services are available.
(3) The secretary of state shall design and provide standard voter registration forms for use by these state agencies.
Sec. 11. RCW 29.07.070 and 1990 c 143 s 7 are each amended to read as follows:
Except as provided under RCW 29.07.260, an applicant for voter registration shall ((provide a voter registrar with)) complete an application providing the following information concerning his or her qualifications as a voter in this state:
(1) The address of the last former registration of the applicant as a voter in the state;
(2) The applicant's full name;
(3) The applicant's date of birth;
(4) The address of the applicant's residence for voting purposes;
(5) The mailing address of the applicant if that address is not the same as the address in subsection (4) of this section;
(6) The sex of the applicant;
(7) A declaration that the applicant is a citizen of the United States; and
(8) Any other information that the secretary of state determines is necessary to establish the identity of the applicant and prevent duplicate or fraudulent voter registrations.
This information shall be recorded on a single registration form to be prescribed by the secretary of state.
If the applicant fails to provide the information required for voter registration, the auditor shall send the applicant a verification notice. The auditor shall not register the applicant until the required information is provided. If a verification notice is returned as undeliverable or the applicant fails to respond to the notice within forty-five days, the auditor shall not register the applicant to vote.
The following warning shall appear in a conspicuous place on the voter registration form:
"If you knowingly ((providing)) provide false information on this voter registration form or knowingly ((making)) make a false declaration about your qualifications for voter registration ((is)) you will have committed a class C felony that is punishable by imprisonment for up to five years, or by a fine ((not to exceed)) of up to ten thousand dollars, or ((by)) both ((such)) imprisonment and fine."
Sec. 12. RCW 29.07.080 and 1990 c 143 s 8 are each amended to read as follows:
For voter registrations executed under ((this section)) RCW 29.07.070, the ((registrar)) registrant shall ((require the applicant to)) sign the following oath:
"I declare that the facts ((relating to my qualifications as a voter recorded)) on this voter registration form are true. I am a citizen of the United States, I am not presently denied my civil rights as a result of being convicted of ((an infamous crime)) a felony, I will have lived in Washington at this ((state, county, and precinct)) address for thirty days immediately ((preceding)) before the next election at which I ((offer to)) vote, and I will be at least eighteen years ((of age at the time of voting)) old when I vote."
((The registration officer shall attest and date this oath in the following form:
"Subscribed and sworn to before me this . . . . day of . . . . . ., 19. . ., . . . . . . Registration Officer."))
Sec. 13. RCW 29.07.090 and 1973 1st ex.s. c 21 s 5 are each amended to read as follows:
At the time of registering ((any)), a voter((, each registration officer)) shall ((require him to)) sign his or her name upon a signature card ((containing spaces for his surname)) to be transmitted to the secretary of state. The voter shall also provide his or her first name followed by ((his given)) the last name or names and the name of the county ((and city or town, with post office and street address, and the name or number of the precinct,)) in which ((the voter)) he or she is registered.
Sec. 14. RCW 29.07.100 and 1971 ex.s. c 202 s 13 are each amended to read as follows:
((Registration officers in incorporated)) In cities and towns, clerks shall ((keep their respective offices open for registration of voters during the days and hours when the same are open for the transaction of public business: PROVIDED, That in cities of the first class, the county auditor shall establish on a permanent basis at least one registration office in each legislative district that lies wholly or partially within the city limits by appointing persons as deputy registrars who may register any eligible elector of such city.
Each such deputy registrar, except for city and town clerks, shall hold office at the pleasure of the county auditor and shall maintain a fixed place, conveniently located, for the registration of voters but nothing in this section shall preclude door-to-door registration including registration from a portable office as in a trailer)) provide voter registration assistance during the normal business hours of the office.
Sec. 15. RCW 29.07.115 and 1971 ex.s. c 202 s 23 are each amended to read as follows:
A person or organization collecting voter registration application forms must transmit the forms to the secretary of state or a designee at least once weekly((, the deputy registrars shall transmit all registration records properly completed to the county auditor)).
Sec. 16. RCW 29.07.120 and 1971 ex.s. c 202 s 16 are each amended to read as follows:
On each Monday next following the registration of any voter each county auditor shall transmit all cards required by RCW 29.07.090 ((which have been executed and)) received in ((his)) the auditor's office during the prior week to the secretary of state for filing ((in his office. Each lot must be accompanied by the certificate of the registrar that the cards so transmitted are the original cards, that they were signed by the voters whose names appear thereon and that the voters are registered in the precincts and from the addresses shown thereon)). The secretary of state may exempt a county auditor who is providing electronic voter registration and electronic voter signature information to the secretary of state from the requirements of this section.
Sec. 17. RCW 29.07.130 and 1991 c 81 s 21 are each amended to read as follows:
(1) The cards required by RCW 29.07.090 shall be kept on file in the office of the secretary of state in such manner as will be most convenient for, and for the sole purpose of, checking initiative and referendum petitions. The secretary may maintain an automated file of voter registration information for any county or counties in lieu of filing or maintaining these voter registration cards if the automated file includes all of the information from the cards including, but not limited to, a retrievable facsimile of the signature of each voter of that county or counties. Such an automated file may be used only for the purpose authorized for the use of the cards.
(2) The county auditor shall have custody of the voter registration records for each county. The original voter registration form, as established by RCW 29.07.070, shall be filed alphabetically without regard to precinct and shall be considered confidential and unavailable for public inspection and copying. An automated file of all registered voters shall be maintained pursuant to RCW 29.07.220. An auditor may maintain the automated file in lieu of filing or maintaining the original voter registration forms if the automated file includes all of the information from the original voter registration forms including, but not limited to, a retrievable facsimile of each voter's signature.
(3) The following information contained in voter registration records or files regarding a voter or a group of voters is available for public inspection and copying: The voter's name, gender, voting record, date of registration, and registration number. The address of a registered voter or addresses of a group of voters are available for public inspection and copying except to the extent that the address of a particular voter is not so available under RCW 42.17.310(1)(bb). The political jurisdictions within which a voter or group of voters reside are also available for public inspection and copying except that the political jurisdictions within which a particular voter resides are not available for such inspection and copying if the address of the voter is not so available under RCW 42.17.310(1)(bb). No other information from voter registration records or files is available for public inspection or copying.
Sec. 18. RCW 29.07.140 and 1990 c 143 s 9 are each amended to read as follows:
(1) The secretary of state shall specify by rule the ((form)) format of ((the)) all voter registration ((records required under RCW 29.07.070 and 29.07.260)) applications. These ((forms)) applications shall be compatible with existing voter registration records. An applicant for voter registration shall be required to complete only one ((form)) application and to provide the required information other than his or her signature no more than one time. These ((forms)) applications shall also contain information for the voter to transfer his or her registration.
Any application format specified by the secretary for use in registering to vote in state and local elections shall satisfy the requirements of the National Voter Registration Act of 1993 (P.L. 103-31) for registering to vote in federal elections.
(2) The secretary of state shall adopt by rule a uniform data format for transferring voter registration records on machine-readable media.
(3) All registration ((forms)) applications required under RCW 29.07.070 and 29.07.260 shall be produced and furnished by the secretary of state to the county auditors and the department of licensing.
(4) The secretary of state shall produce and distribute any instructional material and other supplies needed to implement RCW 29.07.260 through 29.07.300 and 46.20.155.
(5) Any notice or statement that must be provided under the National Voter Registration Act of 1993 (P.L. 103-31) to prospective registrants concerning registering to vote in federal elections shall also be provided to prospective registrants concerning registering to vote under this title in state and local elections as well as federal elections.
Sec. 19. RCW 29.07.170 and 1971 ex.s. c 202 s 21 are each amended to read as follows:
((Immediately)) Upon closing ((his)) of the registration files preceding an election, the county auditor shall ((insert therein his certificate as to the authenticity thereof. He shall then)) deliver the ((registration records for each precinct thus certified)) precinct lists of registered voters to the inspector or one of the judges ((thereof at the proper)) of each precinct or group of precincts located at the polling place before the polls open.
Sec. 20. RCW 29.07.180 and 1971 ex.s. c 202 s 22 are each amended to read as follows:
The ((registration records of)) precinct list of registered voters for each precinct or group of precincts delivered to the precinct election officers for use on the day of an election held in that precinct shall be returned by them to the county auditor upon the completion of the count of the votes cast in the precinct at that election. While in possession of the county auditor they shall be open to public inspection under such reasonable rules and regulations as may be prescribed therefor.
Sec. 21. RCW 29.07.260 and 1990 c 143 s 1 are each amended to read as follows:
(1) A person may register to vote or transfer a voter registration when he or she applies for or renews a driver's license or identification card under chapter 46.20 RCW.
(2) To register to vote or transfer a voter registration under this section, the applicant shall provide the following:
(a) His or her full name;
(b) Whether the address in the driver's license file is the same as his or her residence for voting purposes;
(c) The address of the residence for voting purposes if it is different from the address in the driver's license file;
(d) His or her mailing address if it is not the same as the address in (c) of this subsection;
(e) Additional information on the ((physical)) geographic location of that voting residence if it is only identified by route or box;
(f) The last address at which he or she was registered to vote in this state;
(g) A declaration that he or she is a citizen of the United States; and
(h) Any other information that the secretary of state determines is necessary to establish the identity of the applicant and to prevent duplicate or fraudulent voter registrations.
(3) The following warning shall appear in a conspicuous place on the voter registration form:
"If you knowingly ((providing)) provide false information on this voter registration form or knowingly ((making)) make a false declaration about your qualifications for voter registration ((is)) you will have committed a class C felony that is punishable by imprisonment for up to five years, or by a fine ((not to exceed)) of up to ten thousand dollars, or ((by)) both ((such)) imprisonment and fine."
(4) The applicant shall sign a portion of the form that can be used as an initiative signature card for the verification of petition signatures by the secretary of state and shall sign and attest to the following oath:
"I declare that the facts ((relating to my qualifications as a voter recorded)) on this voter registration form are true. I am a citizen of the United States, I am not presently denied my civil rights as a result of being convicted of ((an infamous crime)) a felony, I will have lived in ((this state, county, and precinct)) Washington at this address for thirty days ((immediately preceding)) before the next election at which I ((offer to)) vote, and I will be at least eighteen years ((of age at the time of voting)) old when I vote."
(5) The driver licensing agent shall record that the applicant has requested to register to vote or transfer a voter registration.
Sec. 22. RCW 29.07.270 and 1990 c 143 s 2 are each amended to read as follows:
(1) The secretary of state shall provide for the voter registration forms submitted under RCW 29.07.260 to be collected from each driver's licensing facility ((at least once each week)) within five days of their completion.
(2) The department of licensing shall produce and transmit to the secretary of state a machine-readable file containing the following information from the records of each individual who requested a voter registration or transfer at a driver's license facility during each period for which forms are transmitted under subsection (1) of this section: The name, address, date of birth, and sex of the applicant and the driver's license number, the date on which the application for voter registration or transfer was submitted, and the location of the office at which the application was submitted.
(3) The department of licensing shall provide information on all persons changing their address on change of address forms submitted to the department unless the voter has indicated that the address change is not for voting purposes. This information will be transmitted to the secretary of state each week in a machine-readable file containing the following information on persons changing their address: The name, address, date of birth, and sex of the applicant, the applicant's driver's license number, the applicant's former address, the county code for the applicant's former address, and the date that the request for address change was received.
(4) The secretary of state shall forward this information to the appropriate county each week. When the information indicates that the voter has moved within the county, the county auditor shall use the change of address information to transfer the voter's registration and send the voter an acknowledgement notice of the transfer. If the information indicates that the new address is outside the voter's original county, the county auditor shall send the voter a registration by mail form at the voter's new address and advise the voter of the need to reregister in the new county. The auditor shall then place the voter on inactive status.
Sec. 23. RCW 29.07.300 and 1990 c 143 s 5 are each amended to read as follows:
(1) The secretary of state shall deliver the files and lists of voter registration information produced under RCW 29.07.290 to the county auditors no later than ten days after the date on which that information was to be transmitted under RCW 29.07.270(1). The county auditor shall process these records in the same manner as voter registrations executed under RCW 29.07.080.
(2) If a registrant has indicated on the voter registration application form that he or she is registered to vote in another county in Washington but has also provided an address within the auditor's county that is for voter registration purposes, the auditor shall send, on behalf of the registrant, a registration cancellation notice to the auditor of that other county and the auditor receiving the notice shall cancel the registrant's voter registration in that other county. If the registrant has indicated on the form that he or she is registered to vote within the county but has provided a new address within the county that is for voter registration purposes, the auditor shall transfer the voter's registration.
Sec. 24. RCW 29.07.400 and 1991 c 81 s 11 are each amended to read as follows:
If any ((registrar or deputy registrar)) county auditor or registration assistant:
(1) Willfully neglects or refuses to perform any duty required by law in connection with the registration of voters; or
(2) Willfully neglects or refuses to perform such duty in the manner required by voter registration law; or
(3) Enters or causes or permits to be entered on the voter registration records the name of any person in any other manner or at any other time than as prescribed by voter registration law or enters or causes or permits to be entered on such records the name of any person not entitled to be thereon; or
(4) Destroys, mutilates, conceals, changes, or alters any registration record in connection therewith except as authorized by voter registration law,
he or she is guilty of a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.
Sec. 25. RCW 29.07.410 and 1991 c 81 s 12 are each amended to read as follows:
Any person who:
(1) Knowingly provides false information on an application for voter registration under any provision of this title;
(2) Knowingly makes or attests to a false declaration as to his or her qualifications as a voter;
(3) Knowingly causes or permits himself or herself to be registered using the name of another person;
(4) Knowingly causes himself or herself to be registered under two or more different names; ((or))
(5) Knowingly causes himself or herself to be registered in two or more counties;
(6) Offers to pay another person to assist in registering voters, where payment is based on a fixed amount of money per voter registration;
(7) Accepts payment for assisting in registering voters, where payment is based on a fixed amount of money per voter registration; or
(8) Knowingly causes any person to be registered or causes any registration to be transferred or canceled except as authorized under this title,
is guilty of a class C felony punishable under RCW 9A.20.021.
NEW SECTION. Sec. 26. A new section is added to chapter 29.07 RCW to read as follows:
The governor, in consultation with the secretary of state, shall designate agencies to provide voter registration services in compliance with federal statutes.
NEW SECTION. Sec. 27. A new section is added to chapter 29.07 RCW to read as follows:
(1) A person may register to vote or transfer a voter registration when he or she applies for service or assistance and with each renewal, recertification, or change of address at agencies designated under section 26 of this act.
(2) A prospective applicant shall initially be offered a form adopted by the secretary of state that is designed to determine whether the person wishes to register to vote. The form must comply with all applicable state and federal statutes regarding content.
The form shall also contain a box that may be checked by the applicant to indicate that he or she declines to register.
If the person indicates an interest in registering or has made no indication as to a desire to register or not register to vote, the person shall be given a mail-in voter registration application or a prescribed agency application as provided by section 28 of this act.
NEW SECTION. Sec. 28. A new section is added to chapter 29.07 RCW to read as follows:
(1) The secretary of state shall prescribe the method of voter registration for each designated agency. The agency shall use either the state voter registration by mail form with a separate declination form for the applicant to indicate that he or she declines to register at this time, or the agency may use a separate form approved for use by the secretary of state.
(2) The person providing service at the agency shall offer voter registration services to every client whenever he or she applies for service or assistance and with each renewal, recertification, or change of address. The person providing service shall give the applicant the same level of assistance with the voter registration application as is offered to fill out the agency's forms and documents.
(3) If an agency uses a computerized application process, it may, in consultation with the secretary of state, develop methods to capture simultaneously the information required for voter registration during a person's computerized application process.
(4) Each designated agency shall provide for the voter registration application forms to be collected from each agency office at least once each week. The agency shall then forward the application forms to the secretary of state each week. The secretary of state shall forward the forms to the county in which the applicant has registered to vote no later than ten days after the date on which the forms were received by the secretary of state.
NEW SECTION. Sec. 29. A new section is added to chapter 29.07 RCW to read as follows:
The secretary of state shall:
(1) Coordinate with the designated agencies and county auditors on the implementation of sections 27 and 28 of this act;
(2) Adopt rules governing the delivery and processing of voter registration application forms submitted under sections 27 and 28 of this act and ensuring the integrity of the voter registration process and of the integrity and confidentiality of data on registered voters collected under sections 27 and 28 of this act.
Sec. 30. RCW 29.08.010 and 1993 c 434 s 1 are each amended to read as follows:
The definitions set forth in this section apply throughout this chapter, unless the context clearly requires otherwise((,)).
(1) "By mail" means delivery of a completed original voter registration ((form)) application by mail((,)) or by personal delivery((, or by courier to a county auditor)). The secretary of state, in consultation with the county auditors, may adopt rules to develop a process to receive and distribute these applications.
(2) For voter registration applicants, "date of mailing" means the date of the postal cancellation on the voter registration application. This date will also be used as the date of application for the purpose of meeting the registration cutoff deadline. If the postal cancellation date is illegible then the date of receipt by the elections official is considered the date of application. If an application is received by the elections official by the close of business on the fifth day after the cutoff date for voter registration and the postal cancellation date is illegible, the application will be considered to have arrived by the cutoff date for voter registration.
Sec. 31. RCW 29.08.050 and 1993 c 434 s 5 are each amended to read as follows:
In addition to the information required under RCW 29.07.070, when registering to vote by mail under this chapter, the applicant shall sign a portion of the form that can be used as an initiative signature card for the verification of petition signatures by the secretary of state and shall sign and attest to the following oath: "I declare that the facts ((relating to my qualifications as a voter recorded)) on this voter registration form are true. I am a citizen of the United States, I am not presently denied my civil rights as a result of being convicted of ((an infamous crime)) a felony, I will have lived in ((this state, county, and precinct)) Washington at this address for thirty days immediately ((preceding)) before the next election at which I ((offer to)) vote, and I will be at least eighteen years ((of age at the time of voting)) old when I vote."
The voter registration by mail form shall provide, in a conspicuous place, the following warning: "If you knowingly ((providing)) provide false information on this voter registration form or knowingly ((making)) make a false declaration about your qualifications for voter registration ((is)) you will have committed a class C felony that is punishable by imprisonment for up to five years, or by a fine ((not to exceed)) of up to ten thousand dollars, or ((by)) both ((such)) imprisonment and fine."
Sec. 32. RCW 29.08.060 and 1993 c 434 s 6 are each amended to read as follows:
(1) On receipt of an application for voter registration under this chapter, the county auditor shall review the application to determine whether the information supplied is complete. An application that contains the applicant's name, complete valid residence address, date of birth, and signature attesting to the truth of the information provided on the application is complete. If it is not complete, the auditor shall promptly ((send)) mail a verification notice of the deficiency to the applicant. This verification notice shall require the applicant to provide the missing information. If the verification notice is not returned by the applicant or is returned as undeliverable the auditor shall not place the name of the applicant on the county voter list. If the applicant provides the required information, the applicant shall be registered to vote as of the date of mailing of the original voter registration application.
(2) If the information is complete, the applicant is considered to be registered to vote as of the date of ((the application's postmark. If there is no postmark or if the postmark is illegible, the applicant is registered on the date the complete and correct application was received by the auditor)) mailing. The auditor shall record the appropriate precinct identification, taxing district identification, and date of registration on the voter's record. Within forty-five days after the receipt of an application but no later than seven days before the next primary, special election, or general election, the auditor shall send to the applicant, by first class mail, ((a voter registration card)) an acknowledgement notice identifying the registrant's precinct and containing such other information as may be required by the secretary of state. The postal service shall be instructed not to forward a voter registration card to any other address and to return to the auditor any card which is not deliverable. If the applicant has indicated that he or she is registered to vote in another county in Washington but has also provided an address within the auditor's county that is for voter registration purposes, the auditor shall send, on behalf of the registrant, a registration cancellation notice to the auditor of that other county and the auditor receiving the notice shall cancel the registrant's voter registration in that other county. If the registrant has indicated on the form that he or she is registered to vote within the county but has provided a new address within the county that is for voter registration purposes, the auditor shall transfer the voter's registration.
(3) If ((a voter registration)) an acknowledgement notice card is properly mailed as required by this section to the address listed by the ((applicant)) voter as being the ((applicant's)) voter's mailing address and the ((card)) notice is subsequently returned to the auditor by the postal service as being undeliverable to the ((applicant)) voter at that address, the auditor shall ((immediately cancel the voter registration of the applicant. The auditor shall)) promptly send the ((applicant)) voter a confirmation notice ((and explanation of the cancellation, and a registration application form. The postal service shall be requested to forward this notice as applicable)). The auditor shall place the voter's registration on inactive status pending a response from the voter to the confirmation notice.
NEW SECTION. Sec. 33. A new section is added to chapter 29.10 RCW to read as follows:
The definitions set forth in this section apply throughout this chapter, unless the context clearly requires otherwise.
(1) "Verification notice" means a notice sent by the county auditor to a voter registration applicant and is used to verify or collect information about the applicant in order to complete the registration.
(2) "Acknowledgement notice" means a notice sent by nonforwardable mail by the county auditor to a registered voter to acknowledge a voter registration transaction, which can include initial registration, transfer, or reactivation of an inactive registration. An acknowledgement notice may be a voter registration card.
(3) "Confirmation notice" means a notice sent to a registered voter by first class forwardable mail at the address indicated on the voter's permanent registration record and to any other address at which the county auditor could reasonably expect mail to be received by the voter in order to confirm the voter's residence address. The confirmation notice must be designed so that the voter may update his or her current residence address.
NEW SECTION. Sec. 34. A new section is added to chapter 29.10 RCW to read as follows:
Registered voters are divided into two categories, "active" and "inactive." All registered voters are classified as active, unless assigned to inactive status by the county auditor.
Sec. 35. RCW 29.10.020 and 1991 c 81 s 23 are each amended to read as follows:
To maintain a valid voter registration, a registered voter who changes his or her residence from one address to another within the same county shall((, to maintain a valid voter registration,)) transfer his or her registration to the new address in one of the following ways: (1) Sending to the county auditor a signed request stating the voter's present address ((and precinct)) and the address ((and precinct)) from which the voter was last registered; (2) appearing in person before the auditor and signing such a request; (3) transferring the registration in the manner provided by RCW 29.10.170; or (4) telephoning the county auditor to transfer the registration. The telephone call transferring a registration by telephone must be received by the auditor before the precinct registration files are closed to new registrations for the next primary or special or general election in which the voter participates.
The secretary of state ((shall)) may adopt rules facilitating the transfer of a registration by telephone authorized by this section. ((The rules shall include, but need not be limited to, those establishing the form which must be signed by a voter subsequent to transferring a registration by telephone.))
Sec. 36. RCW 29.10.040 and 1991 c 81 s 24 are each amended to read as follows:
((Except as provided in RCW 29.10.170,)) A registered voter who changes his or her residence from one county to another county, shall be required to register anew. Before registering anew, the voter shall sign an authorization to cancel his or her present registration. The authorization shall be on a form prescribed by the secretary of state by rule. The authorization shall be forwarded promptly to the county auditor of the county in which the voter was previously registered. The county auditor of the county where the previous registration was made shall cancel the registration of the voter if it appears that the signatures in the registration record and on the cancellation authorization form were made by the same person.
Sec. 37. RCW 29.10.051 and 1991 c 81 s 25 are each amended to read as follows:
To maintain a valid voter registration, a person who changes his or her name shall notify the county auditor regarding the name change in one of the following ways: (1) By sending the auditor a notice clearly identifying the name under which he or she is registered to vote, the voter's new name, and the voter's residence. Such a notice must be signed by the voter using both this former name and the voter's new name; (2) by appearing in person before the auditor or a ((deputy registrar)) registration assistant and signing such a change-of-name notice; ((or)) (3) by signing such a change-of-name notice at the voter's precinct polling place on the day of a primary or special or general election; (4) by properly executing a name change on a mail-in registration application or a prescribed state agency application.
A properly registered voter who files a change-of-name notice at the voter's precinct polling place during a primary or election and who desires to vote at that primary or election shall sign the poll book using the voter's former and new names in the same manner as is required for the change-of-name notice.
The secretary of state may adopt rules facilitating the implementation of this section.
NEW SECTION. Sec. 38. A new section is added to chapter 29.10 RCW to read as follows:
(1) A county auditor shall assign a registered voter to inactive status and shall send the voter a confirmation notice if any of the following documents are returned by the postal service as undeliverable:
(a) An acknowledgement of registration;
(b) An acknowledgement of transfer to a new address;
(c) A vote-by-mail ballot, absentee ballot, or application for a ballot;
(d) Notification to a voter after precinct reassignment;
(e) Notification to serve on jury duty; or
(f) Any other document other than a confirmation notice, required by statute, to be mailed by the county auditor to the voter.
(2) A county auditor shall also assign a registered voter to inactive status and shall send the voter a confirmation notice:
(a) Whenever change of address information received from the department of licensing under RCW 29.07.270, or by any other agency designated to provide voter registration services under section 26 of this act, indicates that the voter has moved to an address outside the county; or
(b) If the auditor receives postal change of address information under RCW 29.10.180, indicating that the voter has moved out of the county.
NEW SECTION. Sec. 39. A new section is added to chapter 29.10 RCW to read as follows:
The county auditor shall return an inactive voter to active voter status if, during the period beginning on the date the voter was assigned to inactive status and ending on the day of the second general election for federal office that occurs after the date that the voter was sent a confirmation notice, the voter: Notifies the auditor of a change of address within the county; responds to a confirmation notice with information that the voter continues to reside at the registration address; votes or attempts to vote in a primary or a special or general election and resides within the county; or signs any petition authorized by statute for which the signatures are required by law to be verified by the county auditor. If the inactive voter fails to provide such a notice or take such an action within that period, the auditor shall cancel the person's voter registration.
NEW SECTION. Sec. 40. A new section is added to chapter 29.10 RCW to read as follows:
(1) Except as otherwise specified by this title, registered voters include those assigned to active and inactive status by the county auditor.
(2)Election officials shall not include inactive voters in the count of registered voters for the purpose of dividing precincts, creating vote-by-mail precincts, determining voter turnout, or other purposes in law for which the determining factor is the number of registered voters. Election officials shall not include persons who are ongoing absentee voters under RCW 29.36.013 in determining the maximum permissible size of vote-by-mail precincts or in determining the maximum permissible size of precincts. Nothing in this subsection may be construed as altering the vote tallying requirements of RCW 29.62.090.
Sec. 41. RCW 29.10.090 and 1983 c 110 s 1 are each amended to read as follows:
The local registrar of vital statistics in cities of the first class shall submit monthly to the county auditor a list of the names and addresses, if known, of all persons over eighteen years of age who have died.
The registrar of vital statistics of the state shall supply such monthly lists for each county of the state, exclusive of cities of the first class, to the county auditor thereof. The county auditors shall compare such lists with the registration records and cancel the registrations of deceased voters. The county auditor may also use newspaper obituary articles as a source of information in order to cancel a voter's registration. The auditor must verify the identity of the voter by matching the voter's date of birth or an address. The auditor shall record the date and source of the obituary in the cancellation records.
In addition to the above manner of canceling registration records of deceased voters, any registered voter may sign a statement, subject to the penalties of perjury, to the effect that to his or her personal knowledge or belief another registered voter is deceased. This statement may be filed with ((any registration officer and the deputy registrar shall promptly forward such statement to)) the county auditor. Upon the receipt of such signed statement, the county auditor shall cancel the registration records concerned and so notify the secretary of state. Upon receipt of such notice, the secretary of state shall in turn cancel his or her copy of said registration record.
The secretary of state as chief elections officer shall cause such form to be designed to carry out the provisions of this section. The county auditors shall have such forms available for public use. Further, each such public officer having jurisdiction of an election shall make available a reasonable supply of such forms for the use of the precinct election officers at each polling place on the day of an election.
NEW SECTION. Sec. 42. A new section is added to chapter 29.10 RCW to read as follows:
Upon receiving official notice of a person's conviction of a felony in either state or federal court, if the convicted person is a registered voter in the county, the county auditor shall cancel the defendant's voter registration.
Sec. 43. RCW 29.10.100 and 1971 ex.s. c 202 s 31 are each amended to read as follows:
On the Monday next following the ((transfer or)) cancellation of the registration of any voter or the change of name of a voter, each county auditor must certify to all ((transfers or)) cancellations or name changes made during the prior week to the secretary of state. The certificate shall set forth the name of each voter whose registration has been ((transferred or)) canceled or whose name was changed, and the county, city or town, and precinct in which ((he)) the voter was registered ((and, in case of a transfer, also the name of the county and city or town, the name or number of the precinct and the post office address (including street and number) to which the registration of the voter was transferred)).
Sec. 44. RCW 29.10.180 and 1993 c 434 s 10 and 1993 c 417 s 8 are each reenacted and amended to read as follows:
In addition to the case-by-case maintenance required under sections 38 and 39 of this act, the county auditor shall establish a general program of voter registration list maintenance. This program must be applied uniformly throughout the county and must be nondiscriminatory in its application. Any program established must be completed not later than ninety days before the date of a primary or general election for federal office. The county may fulfill its obligations under this section in one of the following ways:
(1) The county auditor may enter into one or more contracts with the United States postal service, or its licensee, which permit the auditor to use postal service change-of-address information. If the auditor ((finds that information received under such a contract gives the appearance)) receives change of address information from the United States postal service that indicates that a voter has changed his or her residence address((, the auditor shall notify the voter concerning the requirements of state and federal laws governing voter registration and residence)) within the county, the auditor shall transfer the registration of that voter and send an acknowledgement notice of the transfer to the new address. If the auditor receives postal change of address information indicating that the voter has moved out of the county, the auditor shall send a confirmation notice to the voter, send the voter a registration-by-mail form at the voter's new address, and advise the voter of the need to reregister in the new county. The auditor shall place the voter's registration on inactive status;
(2) ((Whenever any vote-by-mail ballot, notification to voters following reprecincting of the county, notification to voters of selection to serve on jury duty, notification under subsection (1) of this section, or voter identification card other than a voter identification card issued under RCW 29.08.060 is returned by the postal service as undeliverable, the county auditor shall, in every instance, inquire into the validity of the registration of that voter.
(3) The county auditor shall initiate his or her inquiry by sending, by first-class mail, a written notice to the challenged voter at the address indicated on the voter's permanent registration record and to any other address at which the county auditor could reasonably expect mail to be received by the voter. The county auditor shall not request any restriction on the forwarding of such notice by the postal service. The notice shall contain the nature of the inquiry and provide a suitable form for reply. The notice shall also contain a warning that the county auditor must receive a response within ninety days from the date of mailing the notice of inquiry in a case resulting from a returned vote-by-mail ballot or forty-five days from the date of mailing in all other cases or the individual's voter registration will be canceled.
(4) The voter, in person or in writing, may state that the information on the permanent voter registration record is correct or may request a change in the address information on the permanent registration record no later than the ninetieth day or forty-fifth day, as appropriate, after the date of mailing the inquiry.
(5) Upon the timely receipt of a response signed by the voter, the county auditor shall consider the inquiry satisfied and will make any address corrections requested by the voter on the permanent registration record. The county auditor shall cancel the registration of a voter who fails to respond to the notice of inquiry within ninety days after the date of mailing the notice in a case resulting from a returned vote-by-mail ballot, or, in all other cases, within forty-five days after the date of mailing.
(6) The county auditor shall notify any voter whose registration has been canceled by sending, by first class mail, a written notice to the address indicated on the voter's permanent registration record and to any other address to which the original inquiry was sent. Upon receipt of a satisfactory voter response, the auditor shall reinstate the voter.
(7) A voter whose registration has been canceled under this section and who offers to vote at the next ensuing election shall be issued a questioned ballot. Upon receipt of such a questioned ballot the auditor shall investigate the circumstances surrounding the original cancellation. If he or she determines that the cancellation was in error, the voter's registration shall be immediately reinstated, and the voter's questioned ballot shall be counted. If the original cancellation was not in error, the voter shall be afforded the opportunity to reregister at his or her correct address, and the voter's questioned ballot shall not be counted.)) A direct, nonforwardable, first-class, return if undeliverable, address correction requested, mailing to every registered voter within the county. If address correction information for a voter is received by the county auditor after this mailing, the auditor shall place that voter on inactive status and shall send to the voter a confirmation notice;
(3) Any other method approved by the secretary of state.
NEW SECTION. Sec. 45. A new section is added to chapter 29.10 RCW to read as follows:
Confirmation notices must be on a form prescribed by, or approved by, the secretary of state and must request that the voter confirm that he or she continues to reside at the address of record and desires to continue to use that address for voting purposes. The notice must inform the voter that if the voter does not respond to the notice and does not vote in either of the next two federal elections, his or her voter registration will be canceled.
NEW SECTION. Sec. 46. A new section is added to chapter 29.10 RCW to read as follows:
If the response to the confirmation notice provides the county auditor with the information indicating that the voter has moved within the county, the auditor shall transfer the voter's registration. If the response indicates that the voter has left the county, the auditor shall cancel the voter's registration.
NEW SECTION. Sec. 47. A new section is added to chapter 29.10 RCW to read as follows:
(1) A voter whose registration has been made inactive under this chapter and who offers to vote at an ensuing election before two federal elections have been held shall be allowed to vote a regular ballot and the voter's registration restored to active status.
(2) A voter whose registration has been properly canceled under this chapter shall vote a special ballot. The voter shall mark the special ballot in secrecy, the ballot shall be placed in a security envelope, the security envelope placed in a special ballot envelope, and the reasons for the use of the special ballot noted.
(3) Upon receipt of such a voted special ballot the auditor shall investigate the circumstances surrounding the original cancellation. If he or she determines that the cancellation was in error, the voter's registration shall be immediately reinstated, and the voter's special ballot shall be counted. If the original cancellation was not in error, the voter shall be afforded the opportunity to reregister at his or her correct address, and the voter's special ballot shall not be counted.
Sec. 48. RCW 29.36.120 and 1993 c 417 s 1 are each amended to read as follows:
At any primary or election, general or special, the county auditor may, in any precinct having fewer than two hundred active registered voters at the time of closing of voter registration as provided in RCW 29.07.160, conduct the voting in that precinct by mail ballot. For any precinct having fewer than two hundred active registered voters where voting at a primary or a general election is conducted by mail ballot, the county auditor shall, not less than fifteen days prior to the date of that primary or general election, mail or deliver to each active and inactive registered voter within that precinct a notice that the voting in that precinct will be by mail ballot, an application form for a mail ballot, and a postage prepaid envelope, preaddressed to the issuing officer. A mail ballot shall be issued to each voter who returns a properly executed application to the county auditor no later than the day of that primary or general election. ((Such application is valid)) For all subsequent mail ballot elections in that precinct the application is valid so long as the voter remains active and qualified to vote. In determining the number of registered voters in a precinct for the purposes of this section, persons who are ongoing absentee voters under RCW 29.36.013 shall not be counted. Nothing in this section may be construed as altering the vote tallying requirements of RCW 29.62.090.
At any nonpartisan special election not being held in conjunction with a state primary or general election, the county, city, town, or district requesting the election pursuant to RCW 29.13.010 or 29.13.020 may also request that the election be conducted by mail ballot. The county auditor may honor the request or may determine that the election is not to be conducted by mail ballot. The decision of the county auditor in this regard is final.
In no instance shall any special election be conducted by mail ballot in any precinct with two hundred or more active registered voters if candidates for partisan office are to be voted upon.
For all special elections not being held in conjunction with a state primary or state general election where voting is conducted by mail ballot, the county auditor shall, not less than fifteen days prior to the date of such election, mail or deliver to each active registered voter a mail ballot and an envelope, preaddressed to the issuing officer. The auditor shall send each inactive voter either a ballot or an application to receive a ballot. The auditor shall determine which of the two is to be sent. If the inactive voter returns a voted ballot, the ballot shall be counted and the voter's status restored to active. If the inactive voter completes and returns an application, a ballot shall be sent and the voter's status restored to active.
Sec. 49. RCW 29.36.121 and 1993 c 417 s 2 are each amended to read as follows:
(1) At any nonpartisan special election not being held in conjunction with a state primary or general election, the county, city, town, or district requesting the election pursuant to RCW 29.13.010 or 29.13.020 may also request that the election be conducted by mail ballot. The county auditor may honor the request or may determine that the election is not to be conducted by mail ballot. The decision of the county auditor in this regard is final.
(2) In an odd-numbered year, the county auditor may conduct by mail ballot a primary or a special election concurrently with the primary:
(a) For any office or ballot measure of a special purpose district which is entirely within the county;
(b) For any office or ballot measure of a special purpose district which lies in the county and one or more other counties if the auditor first secures the concurrence of the county auditors of those other counties to conduct the primary in this manner district-wide; and
(c) For any ballot measure or nonpartisan office of a county, city, or town if the auditor first secures the concurrence of the legislative authority of the county, city, or town involved.
A primary in an odd-numbered year may not be conducted by mail ballot in any precinct with two hundred or more active registered voters if a partisan office or state office or state ballot measure is to be voted upon at that primary in the precinct.
(3) For all special elections not being held in conjunction with a state primary or state general election where voting is conducted by mail ballot, the county auditor shall, not less than fifteen days before the date of such election, mail or deliver to each registered voter a mail ballot and an envelope, preaddressed to the issuing officer. The county auditor shall notify an election jurisdiction for which a primary is to be held that the primary will be conducted by mail ballot.
(4) To the extent they are not inconsistent with subsections (1) through (3) of this section, the laws governing the conduct of mail ballot special elections apply to nonpartisan primaries conducted by mail ballot.
Sec. 50. RCW 29.36.122 and 1993 c 417 s 3 are each amended to read as follows:
For any special election conducted by mail, the county auditor shall send a mail ballot with a return identification envelope to each active registered voter of the district in which the special election is being conducted not sooner than the twenty-fifth day before the date of the election and not later than the fifteenth day before the date of the election. The envelope in which the ballot is mailed must clearly indicate that the ballot is not to be forwarded and is to be returned to the sender with return postage guaranteed. The auditor shall send an application to receive a ballot to all inactive voters of the district. Upon receipt of a completed application the auditor shall send a ballot and restore the voter's status to active.
Sec. 51. RCW 29.48.010 and 1990 c 59 s 35 are each amended to read as follows:
The county auditor shall provide in each polling place a sufficient number of voting booths or voting devices along with any supplies necessary to enable the voter to mark or register his or her choices on the ballot and within which the voters may cast their votes in secrecy. Where paper ballots are used for voting, the number of voting booths shall be at least one for every fifty active registered voters in the precinct.
Sec. 52. RCW 46.20.205 and 1989 c 337 s 6 are each amended to read as follows:
Whenever any person after applying for or receiving a driver's license or identicard moves from the address named in the application or in the license or identicard issued to him or her or when the name of a licensee or holder of an identicard is changed by marriage or otherwise, the person shall within ten days thereafter notify the department in writing on a form provided by the department of his or her old and new addresses or of such former and new names and of the number of any license then held by him or her. The written notification is the exclusive means by which the address of record maintained by the department concerning the licensee or identicard holder may be changed. The form must contain a place for the person to indicate that the address change is not for voting purposes. The department of licensing shall notify the secretary of state by the means described in RCW 29.07.270(3) of all change of address information received by means of this form except information on persons indicating that the change is not for voting purposes. Any notice regarding the cancellation, suspension, revocation, probation, or nonrenewal of the driver's license, driving privilege, or identicard mailed to the address of record of the licensee or identicard holder is effective notwithstanding the licensee's or identicard holder's failure to receive the notice.
NEW SECTION. Sec. 53. The following acts or parts of acts are each repealed:
(1) RCW 29.07.015 and 1985 c 205 s 15;
(2) RCW 29.07.020 and 1971 ex.s. c 202 s 5 & 1965 c 9 s 29.07.020;
(3) RCW 29.07.050 and 1971 ex.s. c 202 s 7 & 1965 c 9 s 29.07.050;
(4) RCW 29.07.060 and 1973 1st ex.s. c 21 s 1, 1971 ex.s. c 202 s 8, & 1965 c 9 s 29.07.060;
(5) RCW 29.07.065 and 1986 c 167 s 4 & 1973 1st ex.s. c 21 s 2;
(6) RCW 29.07.095 and 1973 1st ex.s. c 21 s 6, 1971 ex.s. c 202 s 12, & 1965 c 9 s 29.07.095;
(7) RCW 29.07.105 and 1971 ex.s. c 202 s 14 & 1965 c 9 s 29.07.105; and
(8) RCW 29.10.095 and 1971 ex.s. c 202 s 30 & 1965 c 9 s 29.10.095.
NEW SECTION. Sec. 54. RCW 29.10.080 and 1977 ex.s. c 361 s 27, 1971 ex.s. c 202 s 28, 1967 ex.s. c 109 s 3, & 1965 c 9 s 29.10.080 are each repealed.
NEW SECTION. Sec. 55. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 56. Sections 1 through 3, 7, 10 through 12, 21, 22, 25, 27, 28, 31 through 34, 37 through 40, 42, 44 through 52, and 54 of this act take effect January 1, 1995."
Signed by Representatives Anderson, Chair; Veloria, Vice Chair; Reams, Ranking Minority Member; L. Thomas, Assistant Ranking Minority Member; Campbell; Conway; Dyer; King and Pruitt.
Referred to Committee on Appropriations.
February 23, 1994
SSB 6195 Prime Sponsor, Committee on Labor & Commerce: Modifying enforcement authority of the public employment relations commission. Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass. Signed by Representatives Heavey, Chair; G. Cole, Vice Chair; Chandler, Assistant Ranking Minority Member; Conway; King; Springer and Veloria.
MINORITY recommendation: Do not pass. Signed by Representatives Lisk, Ranking Minority Member; and Horn.
Passed to Committee on Rules for second reading.
February 22, 1994
ESB 6199 Prime Sponsor, Franklin: Enhancing bicycle safety. Reported by Committee on Health Care
MAJORITY recommendation: Do pass with the following amendment:
On page 3, line 8, after "(3)" strike the remainder of the subsection and insert "Failure to comply with the requirements of this section does not constitute fault, nor is such failure admissible as evidence of fault in a civil action."
On page 3, line 28, after "issued" insert "except for persons under the age of 16"
On page 3, line 28, after "violator" insert "age 16 or older"
On page 3, line 35, after "(4)" strike the remainder of the subsection and insert "No person under the age of 16 violating section 2 of this act shall be subject to a traffic infraction. In lieu of a traffic infraction for a person under the age of 16, law enforcement officers shall provide to the violator written information about the importance of wearing helmets, where helmets may be purchased or obtained at little or no cost, and the contents of the law. Law enforcement officers shall encourage the violator to share this information with his or her parent or guardian."
Signed by Representatives Dellwo, Chair; L. Johnson, Vice Chair; Dyer, Ranking Minority Member; Ballasiotes, Assistant Ranking Minority Member; Conway; Cooke; Flemming; R. Johnson; Morris; Thibaudeau and Veloria.
MINORITY recommendation: Do not pass. Signed by Representatives Backlund; Lemmon and Lisk.
Excused: Representatives Appelwick and Mastin.
Passed to Committee on Rules for second reading.
February 23, 1994
SB 6215 Prime Sponsor, Skratek: Clarifying authority of the utilities and transportation commission over public service companies. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Representatives R. Fisher, Chair; Brown, Vice Chair; Jones, Vice Chair; Schmidt, Ranking Minority Member; Mielke, Assistant Ranking Minority Member; Backlund; Brough; Brumsickle; Cothern; Eide; Finkbeiner; Forner; Fuhrman; Hansen; Heavey; Horn; Johanson; J. Kohl; Orr; Patterson; Quall; Romero; Shin; Wood and Zellinsky.
Excused: Representatives R. Meyers and Sheldon.
Passed to Committee on Rules for second reading.
February 23, 1994
SSB 6217 Prime Sponsor, Committee on Labor & Commerce: Requiring the joint task force on unemployment insurance to study additional issues. Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass with the following amendment:
On page 1, line 13, after "representatives;" strike "and" and insert "((and))"
On page 2, line 2, after "industries" insert the following: "; and
(d) When the task force is reviewing or making recommendations on the payment of administrative costs by employers who are exempt from the federal unemployment tax, one member representing employers subject to chapter 50.44 RCW and one member representing employees of employers subject to chapter 50.44 RCW, appointed jointly by the president of the senate and the speaker of the house of representatives"
On page 2, line 23, after "legislature" insert ", including reviewing and making recommendations on the payment of administrative costs by employers who are exempt from the federal unemployment tax"
Signed by Representatives Heavey, Chair; G. Cole, Vice Chair; Lisk, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Conway; Horn; King; Springer and Veloria.
Passed to Committee on Rules for second reading.
February 23, 1994
ESSB 6244 Prime Sponsor, Committee on Ways & Means: Making appropriations. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"PART I
GENERAL GOVERNMENT
Sec. 101. 1993 sp.s. c 24 s 101 (uncodified) is amended to read as follows:
FOR THE HOUSE OF REPRESENTATIVES
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((46,189,000))
45,265,000
Sec. 102. 1993 sp.s. c 24 s 102 (uncodified) is amended to read as follows:
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((35,457,000))
34,748,000
Sec. 103. 1993 sp.s. c 24 s 103 (uncodified) is amended to read as follows:
FOR THE LEGISLATIVE BUDGET COMMITTEE
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,067,000))
2,226,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 565,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((2,632,000))
2,791,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $565,000 of the health services account--state appropriation is provided solely for studies required by Engrossed Second Substitute Senate Bill No. 5304. If that bill is not enacted by June 30, 1993, the health services account appropriation shall lapse.
(2) $18,800 is provided for the legislative budget committee to review the department of veterans affairs, the Washington soldiers' home, and the Washington veterans' home to implement Engrossed House Bill No. 1437 to the extent permitted by the amount provided.
(3) The legislative budget committee, in consultation with the Washington state institute for public policy, shall develop a design and plan for a longitudinal study of outcomes of the K-12 special education program.
(4) The institute for public policy, in consultation with the legislative budget committee, the superintendent of public instruction, the legislative evaluation and accountability committee, and the house of representatives appropriations and senate ways and means committees shall develop a design for a study of the effectiveness of inservice education. The study shall address the type of courses and training offered, the impact of inservice training on classroom effectiveness, the role of inservice training in achieving education reform, and the effect on compensation increments allocated by the state salary allocation model. The legislative budget committee shall select the appropriate organization or organizations to conduct the study based on criteria in the study design presented by the institute for public policy. $75,000 of the general fund appropriation is provided for the study that shall be presented to the fiscal and education committees of the legislature by January 15, 1995.
Sec. 104. 1993 sp.s. c 24 s 104 (uncodified) is amended to read as follows:
FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,400,000))
2,352,000
The appropriation in this section is subject to the following conditions and limitations:
The legislative evaluation and accountability program committee, in conjunction with the K-12 legislative fiscal study committee established under chapter 336, Laws of 1993, shall prepare a study of vocational education programs for grades 9 through 12 funded through the K-12 apportionment formula of the budget. The study shall address: The historical reasons for the staffing ratios contained in the state apportionment formula; the changes in vocational instruction in the information and technology age; and the instructional requirements of integrated vocational and academic programs, traditional vocational programs, and skill center programs. The study shall include an analysis of state funding and school district expenditures in a sample of school districts engaged in the different types of vocational education programs. The study shall be submitted to the office of financial management and the fiscal committees of the legislature by December 15, 1994.
Sec. 105. 1993 sp.s. c 24 s 106 (uncodified) is amended to read as follows:
FOR THE JOINT LEGISLATIVE SYSTEMS COMMITTEE
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((9,480,000))
9,290,000
The appropriation in this section is subject to the following conditions and limitations: The appropriation shall be transferred to the legislative systems revolving fund.
Sec. 106. 1993 sp.s. c 24 s 107 (uncodified) is amended to read as follows:
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((5,952,000))
5,833,000
The appropriation in this section is subject to the following conditions and limitations: $10,000 is provided for the expenses of the law revision commission under chapter 1.30 RCW.
Sec. 107. 1993 sp.s. c 24 s 109 (uncodified) is amended to read as follows:
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((9,769,000))
9,586,000
The appropriation in this section is subject to the following conditions and limitations: The supreme court is directed to fully recover all costs, including staff costs, associated with publishing supreme court opinions by the reporter of decisions.
Sec. 108. 1993 sp.s. c 24 s 111 (uncodified) is amended to read as follows:
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((17,117,000))
17,574,552
The appropriation in this section is subject to the following conditions and limitations:
(1) $124,600 is provided solely for an additional judicial position for the court of appeals, division II, district 3, as authorized under chapter 420, Laws of 1993 (Engrossed Substitute House Bill No. 1734).
(2) $51,917 is provided solely for an additional judicial position for the court of appeals, division II, district 2, as authorized under chapter 420, Laws of 1993 (Engrossed Substitute House Bill No. 1734).
(3) $281,035 is provided solely for costs associated with the additional judicial positions funded in subsections (1) and (2) of this section.
(4) Subsection (1) of this section shall take effect July 1, 1994.
(5) Subsection (2) of this section shall take effect February 1, 1995.
Sec. 109. 1993 sp.s. c 24 s 112 (uncodified) is amended to read as follows:
FOR THE COMMISSION ON JUDICIAL CONDUCT
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((1,013,000))
1,067,000
The appropriation in this section is subject to the following conditions and limitations: $68,000 is provided solely to implement Substitute Senate Bill No. 6111 (ethics for state officers and employees). If the bill is not enacted by June 30, 1994, the amount provided shall lapse.
Sec. 110. 1993 sp.s. c 24 s 113 (uncodified) is amended to read as follows:
FOR THE ADMINISTRATOR FOR THE COURTS
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((24,418,000))
23,930,000
Public Safety and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 36,102,000
Judicial Information System Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((655,000))
5,277,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 117,000
Drug Enforcement and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 6,510,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((67,802,000))
71,936,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $24,107,000 of the general fund appropriation is provided solely for the superior court judges program. Of this amount, a maximum of $20,000 may be used to reimburse county superior courts for superior court judges temporarily assigned to other counties that are experiencing large and sudden surges in criminal filings. Reimbursement shall be limited to per diem and travel expenses of assigned judges.
(2) $110,000 of the general fund--state appropriation is provided solely to implement Substitute Senate Bill No. 5753 (judgeship for Cowlitz county). If the bill is not enacted by June 30, 1993, the amount provided in this subsection shall lapse.
(3) $6,510,000 of the drug enforcement and education account appropriation is provided solely for the continuation of treatment-alternatives-to-street-crimes (TASC) programs in Pierce, Snohomish, Clark, King, Spokane, and Yakima counties.
(4) The administrator for the courts shall provide data processing support to the department of social and health services' division of juvenile rehabilitation in the allocation of grant moneys to local governments.
(5) $9,820,000 of the public safety and education account is provided solely for the indigent appeals program.
(6) $50,000 of the general fund appropriation is provided solely to implement the racial disproportionality study recommendations in Engrossed Substitute House Bill No. 1966.
(7) $170,000 of the general fund appropriation is provided solely to implement sections 3 and 11 of Engrossed Substitute House Bill No. 1084 (jury source list). The office of the administrator for the courts shall allocate funds to the counties and the department of information services for the purposes of implementing these sections.
(8) $117,000 of the health services account appropriation is provided solely for the implementation of section 418 of Engrossed Second Substitute Senate Bill No. 5304 (medical malpractice review). If section 418 of the bill is not enacted by June 30, 1993, the health services account appropriation shall lapse.
Sec. 111. 1993 sp.s. c 24 s 114 (uncodified) is amended to read as follows:
FOR THE OFFICE OF THE GOVERNOR
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . $ ((6,138,000))
6,015,000
The appropriation in this section is subject to the following conditions and limitations: $186,000 is provided solely for mansion maintenance.
Sec. 112. 1993 sp.s. c 24 s 117 (uncodified) is amended to read as follows:
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((8,049,000))
8,549,000
Archives and Records Management Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((3,160,000))
3,150,000
Personnel Service Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((612,000))
600,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((11,821,000))
12,299,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $((703,532)) 702,505 of the general fund appropriation is provided solely to reimburse counties for the state's share of primary and general election costs and the costs of conducting mandatory recounts on state measures.
(2) $((2,095,465)) 2,507,000 of the general fund appropriation is provided solely for the verification of initiative and referendum petitions, maintenance of related voter registration records, legal advertising of state measures, and the publication and distribution of the voters and candidates pamphlet.
(3) The appropriation from the archives and records management account assumes that at least $250,000 will be received from local governments during the second year of the biennium to cover the costs to the state archives program of locally generated archival materials.
(4) The productivity board shall not approve any payment to, or agreement with, state employees under the teamwork incentive program under chapter 41.60 RCW unless the board determines that all expenditures savings or revenue increases recognized under the teamwork incentive program award are attributable exclusively to participating employees. Awards under the teamwork incentive program shall not exceed two thousand five hundred dollars per participating employee.
Sec. 113. 1993 sp.s. c 24 s 118 (uncodified) is amended to read as follows:
FOR THE GOVERNOR'S OFFICE OF INDIAN AFFAIRS
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((297,000))
300,000
Sec. 114. 1993 sp.s. c 24 s 119 (uncodified) is amended to read as follows:
FOR THE COMMISSION ON ASIAN-AMERICAN AFFAIRS
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((336,000))
338,000
Sec. 115. 1993 sp.s. c 24 s 120 (uncodified) is amended to read as follows:
Motor Vehicle Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 44,000
State Treasurer's Service Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((9,976,000))
9,776,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((10,020,000))
9,820,000
The appropriations in this section are subject to the following conditions and limitations: $((284,000)) 127,000 of the state treasurer's service account appropriation is provided solely for the information systems project known as "upgrade mainframe." Authority to expend this amount is conditioned on compliance with section 902 of this act.
Sec. 116. 1993 sp.s. c 24 s 121 (uncodified) is amended to read as follows:
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 20,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((158,000))
155,000
Motor Vehicle Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((334,000))
327,000
Municipal Revolving Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 24,454,000
Auditing Services Revolving Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((12,018,000))
11,778,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((36,984,000))
36,734,000
The appropriations in this section are subject to the following conditions and limitations: (((1))) Audits of school districts by the division of municipal corporations shall include a finding regarding the accuracy of student enrollment data and the experience and education of the district's certificated instructional staff reported to the superintendent of public instruction for the purposes of allocation of state funding.
Sec. 117. 1993 sp.s. c 24 s 123 (uncodified) is amended to read as follows:
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((5,918,000))
6,005,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 1,632,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 175,000
Public Safety and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,249,000
Legal Services Revolving Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((96,950,000))
96,341,000
((Motor Vehicle Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 748,000))
New Motor Vehicle Arbitration Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,784,000
State Investment Board Expense Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 7,000,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((108,456,000))
114,186,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The attorney general shall report each fiscal year on actual legal services expenditures and actual attorney and support staffing levels for each agency receiving legal services. The report shall be submitted to the office of financial management and the fiscal committees of the senate and house of representatives no later than ninety days after the end of each fiscal year.
(2) The attorney general shall include, at a minimum, the following information with each bill sent to agencies receiving legal services: (a) The number of hours and cost of attorney services provided during the billing period; (b) the number of hours and cost of support staff services provided during the billing period; (c) attorney general overhead and central support costs charged to the agency for the billing period; (d) direct legal costs, such as filing and docket fees, charged to the agency for the billing period; and (e) other costs charged to the agency for the billing period. If requested by an agency receiving legal services, the attorney general shall provide the information required in this subsection by program.
(3) $1,249,000 of the public safety and education account appropriation and $406,000 of the general fund--state appropriation are provided solely for the attorney general's criminal litigation unit.
(4) The attorney general shall, in conjunction with the various state hearings boards, develop recommendations for more cost-efficient processing of administrative appeals and report such recommendations to appropriate committees of the legislature by November 15, 1993.
(5) The attorney general shall, in conjunction with state agencies, examine the efficiencies of consolidating support services within the office of the attorney general and report recommendations for consolidation to the office of financial management by April 1, 1994.
(6) $175,000 of the health services account appropriation and $350,000 of the legal services revolving fund appropriation are provided solely for anti-trust activities required by Engrossed Second Substitute Senate Bill No. 5304 (health care reform). If the bill is not enacted by June 30, 1993, the amounts provided in this subsection shall lapse.
(7) $7,000,000 from the state investment board expense account is provided solely for attorney general costs and related expenses in pursuing litigation related to real estate investments on behalf of the state investment board.
(8) The legislature recognizes the need for the attorney general to offer competitive salaries in order to retain experienced legal staff. The attorney general shall submit a report to the legislative fiscal committees by December 1, 1994, comparing the compensation paid by the attorney general's office to other public and private agencies and firms.
(9) The attorney general shall develop recommendations, after consultation with the various state hearings boards, for cost-efficient implementation of alternative dispute resolution and report such recommendations to the appropriate committees of the legislature by December 1, 1994.
(10) $205,000 of the general fund--state appropriation is provided solely for implementation of Substitute Senate Bill No. 6111 (executive ethics board). If the bill is not enacted by June 30, 1994, the amount provided in this subsection shall lapse.
Sec. 118. 1993 sp.s. c 24 s 124 (uncodified) is amended to read as follows:
FOR THE ECONOMIC AND REVENUE FORECAST COUNCIL
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((815,000))
818,000
Sec. 119. 1993 sp.s. c 24 s 125 (uncodified) is amended to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((19,575,000))
19,337,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 918,000
Motor Vehicle Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 109,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 250,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((20,852,000))
20,614,000
The appropriations in this section are subject to the following conditions and limitations:
(((3))) (1) The office of financial management shall evaluate the extent to which state employees could receive more efficient and less expensive service, as well as increased flexibility and return on their investments, from a deferred compensation program contracted with a private organization, and shall report its findings and recommendations to appropriate committees of the legislature by December 1, 1993.
(((4))) (2) The efficiency commission shall undertake studies to determine the most effective means of delivering services currently provided by the state printer and the department of general administration's central stores.
(((5))) (3) $50,000 of the general fund--state appropriation is provided solely to implement Engrossed Substitute House Bill No. 1372 (state program evaluations). If the bill is not enacted by June 30, 1993, the amount provided in this subsection shall lapse.
(((6))) (4) $100,000 of the general fund--state appropriation is provided solely for an interim task force as provided for by Engrossed Substitute House Bill No. 2054 (civil service reform).
Sec. 120. 1993 sp.s. c 24 s 217 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY DEVELOPMENT
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((86,244,000))
89,661,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((185,242,000))
182,029,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 624,000
Public Safety and Education Account Appropriation. . . . . . . . . . . . . . . . . . . . . $ ((8,402,000))
9,661,000
Building Code Council Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,068,000
Public Works Assistance Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,192,000
Drug Enforcement and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 3,908,000
Low Income Weatherization Account Appropriation. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 6,582,000
Washington Housing Trust Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 4,643,000
Enhanced 911 Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((20,042,000))
18,539,000
Administrative Contingency Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,476,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((319,423,000))
321,905,000
The appropriations in this section are subject to the following conditions and limitations:
(((2))) (1) $8,208,000 of the general fund--federal appropriation is provided solely for the drug control and system improvement formula grant program, to be distributed in fiscal year 1994 as follows:
(a) $3,630,255 to local units of government to continue existing local drug task forces;
(b) $1,086,240 to the Washington state patrol for coordination, training, and task force expansion to unserved areas of the state;
(c) $697,128 to the department of community development to continue the state-wide drug prosecution assistance program;
(d) $93,000 to the department of community development to establish a substance-abuse treatment in jails program, to test the effect of treatment on future criminal behavior;
(e) $279,000 to local units of government for urban projects. The distribution shall be made through a competitive grant process administered by the department;
(f) $174,840 to the department of community development to establish the youth violence prevention and intervention project;
(g) $214,830 to the department of community development for the state-wide drug offense indigent defense program;
(h) $782,734 to the department of corrections for the expansion of correctional industries programs. It is the intent of the legislature that this program receive an equal amount of funding from the fiscal year 1995 drug control and system improvement formula grant program appropriation;
(i) $479,000 to the department of community development for grant administration and program evaluation, monitoring, and reporting, pursuant to federal requirements;
(j) $46,000 to the Washington state patrol for data collection; and
(k) $410,400 to the office of financial management for the criminal history records improvement program.
(l) $128,573 for continuation of the high impact offender prosecution project; and
(m) $186,000 to the department of community development for allocation to public or private nonprofit groups or organizations with experience and expertise in the field of domestic violence, for the purpose of continuing existing domestic violence advocacy programs, providing legal and other assistance to victims and witnesses in court proceedings, and establishing new domestic violence advocacy programs.
(((5))) (2) $7,020,000 of the general fund--federal appropriation is provided solely for the drug control and system improvement formula grant program, to be distributed in fiscal year 1995 as follows:
(a) $3,122,000 to local units of government to continue multijurisdictional drug task forces;
(b) $934,000 to the Washington state patrol for coordination, technical assistance, and investigative and supervisory staff support for multijurisdictional narcotics task forces;
(c) $500,000 to the department of community development to continue the state-wide drug prosecution assistance program;
(d) $93,000 to the department of community development to continue a substance-abuse treatment in jails program, to test the effect of treatment on future criminal behavior;
(e) $674,000 to the department of community development to continue the youth violence prevention and intervention projects;
(f) $215,000 to the department of community development for the state-wide drug offense indigent defense program;
(g) $673,000 to the department of corrections for the correctional industries programs;
(h) $412,000 to the department of community development for grant administration and program evaluation, monitoring, and reporting, pursuant to federal requirements;
(i) $46,000 to the Washington state patrol for data collection; and
(j) $351,000 to the office of financial management for the criminal history records improvement program.
(3) In order to offset reductions in federal community services block grant funding for community action agencies, the department shall set aside $((2,400,000)) 4,800,000 of federal community development block grant funds for distribution to local governments for distribution to community action agencies state-wide.
(((6))) (4) $350,000 of the general fund--state appropriation is provided for financial assistance to local governments and nonprofit organizations to assist military dependent communities including, but not limited to Kitsap county, in diversifying their economies. In providing assistance, first priority shall be given to defense diversification and conversion projects which leverage additional federal funds.
(((10) $4,800,000)) (5) $4,802,000 of the public safety and education account appropriation is provided solely for civil representation of indigent people.
(((11))) (6) $((3,600,000)) 4,659,000 of the public safety and education account appropriation is provided solely for the office of crime victim's advocacy and for sexual assault treatment services.
(((12))) (7) $8,268,000 of the general fund--state appropriation and $41,610,000 of the general fund--federal appropriation are provided for grant administration and grant assistance as authorized by the president under the federal disaster assistance program. It is the intent of the legislature that the disaster assistance unit continue to be funded as disasters occur not on a permanent basis, and that staffing for the unit be kept to only the minimum number of positions necessary to administer the grants and meet other federal and state requirements.
(8) $1,000,000 of the general fund--state appropriation is provided solely on a one-time basis to implement the safe schools-safe communities grant program under section 205 of Second Substitute House Bill No. 2319 (violence prevention) and for grants to fund community and school collaboration projects that: Integrate community support services in schools by placing community and school project coordinators at school sites; leverage and coordinate community resources in a nonduplicative, cost-effective, and accountable manner; and mobilize public and private resources to support youth and families. If Second Substitute House Bill No. 2319 is not enacted by June 30, 1994, the appropriation in this subsection shall lapse.
(9) $175,000 of the general fund--state appropriation is provided solely for the retired senior volunteer program.
(10) $50,000 of the general fund--state appropriation is provided solely for a grant to Yakima county to study the import-export opportunities associated with expansion of the Yakima airport in conjunction with increased economic opportunities that result from central Washington's status as a foreign trade zone.
(11) $200,000 of the public safety and education account appropriation is provided solely for legal advocacy services for victims of domestic violence.
(12) $725,000 of the general fund--state appropriation is provided solely for the long-term care ombudsman office, established under RCW 43.190.010.
(13) $50,000 of the general fund--state appropriation is provided solely for a grant to Yakima county for prevention of gang-related activity. The grant shall focus on children and youth at-risk of joining gangs.
Sec. 121. 1993 sp.s. c 24 s 218 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY DEVELOPMENT--FIRE PROTECTION POLICY BOARD. (($4,865,000)) $4,735,000 is appropriated to the department of community development for the purposes of the fire protection policy board. Of this amount, $2,213,000 is from the general fund--state appropriation made in section 120 of this act, $1,750,000 is from the fire service training account appropriation, $466,000 is from the state toxics control account appropriation, (($346,000)) $216,000 is from the oil spill administration account appropriation, and $90,000 is from the fire service trust account appropriation. All expenditures from these funds are subject to the approval of the fire protection policy board. In the event of an across-the-board reduction in general fund allotments under RCW 43.88.110, the percentage reduction in the general--state allotments to the fire protection policy board shall not exceed the percentage reduction to the department's other general fund--state allotments.
Sec. 122. 1993 sp.s. c 24 s 127 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF PERSONNEL
Department of Personnel Service Fund
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((17,162,000))
16,820,000
Higher Education Personnel Services Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,898,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 18,718,000
The appropriation in this section is subject to the following conditions and limitations:
(1) The department shall reduce its charge for personnel services to the lowest rate possible.
(2) $600,000 of the department of personnel service fund appropriation is provided solely for extended insurance benefits for permanent state employees separated through reduction-in-force. An eligible employee may receive a state subsidy of $100 per month toward his or her insurance benefits purchased under the federal consolidated omnibus budget reconciliation act (COBRA) for a period not to exceed six months from the date of separation. The state health care authority shall administer the insurance benefits and the department shall pay the subsidy through interagency reimbursement, subject to the level of appropriation.
(3) $500,000 of the department of personnel service fund appropriation is provided solely for a career and employment transition program to assist permanent state employees who are separated due to reduction-in-force, including employee retraining, career counseling, and job placement services.
(4) $32,000 of the department of personnel service fund appropriation is provided solely for creation, printing, and distribution of the personal benefits statement for state employees.
(5) From the department's nonappropriated data processing account, the department shall prepare a feasibility study for the design and implementation of a new human resource information system. Authority to expend funds for the feasibility study is conditioned on compliance with section 902 of this act.
(6) The department of personnel shall charge all administrative services costs incurred by the committee for deferred compensation to the deferred compensation administrative account.
(7) The appropriation from the higher education personnel services account shall be reduced by any amounts expended prior to the effective date of this act under section 613, chapter 24, Laws of 1993 sp. sess., which is repealed by this act.
NEW SECTION. Sec. 123. HIGHER EDUCATION PERSONNEL BOARD. 1993 sp.s. c 24 s 613 is repealed.
Sec. 124. 1993 sp.s. c 24 s 128 (uncodified) is amended to read as follows:
FOR THE COMMITTEE FOR DEFERRED COMPENSATION
Dependent Care Administrative Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 382,000
The appropriation in this section is subject to the following conditions and limitations: Pursuant to RCW 41.04.260, the committee for deferred compensation shall charge all administrative expenses, including data processing costs, to the deferred compensation administrative account.
Sec. 125. 1993 sp.s. c 24 s 129 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE LOTTERY
Lottery Administrative Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((19,745,000))
19,350,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 7,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 19,357,000
Sec. 126. 1993 sp.s. c 24 s 131 (uncodified) is amended to read as follows:
FOR THE COMMISSION ON AFRICAN-AMERICAN AFFAIRS
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((271,000))
273,000
Sec. 127. 1993 sp.s. c 24 s 133 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF RETIREMENT SYSTEMS--OPERATIONS
Department of Retirement Systems Expense Fund
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((31,988,000))
31,840,000
The appropriation in this section is subject to the following conditions and limitations:
(1) $3,530,000 is provided solely for information systems projects known by the following names or successor names: Support of member database, support of audit, and audit of member files. Authority to expend this amount is conditioned on compliance with section 902 of this act. The department shall report to the fiscal committees of the senate and house of representatives on the status of the member database project including an assessment of the savings the department is likely to achieve as a result of this project by January 15, 1994.
(2) $1,136,000 is provided solely for the in-house design, development, and implementation of the information systems project known as the disbursement system. Authority to expend this amount is conditioned on compliance with section 902 of this act. The department shall report to the office of financial management on the status of this project by January 15, 1995.
(3) $404,000 is provided solely for the increased workload resulting from the Bowles decision.
(4) $382,000 is provided solely for the temporary increased workload resulting from 1993 legislation providing for early retirement. If a bill providing for early retirement is not passed by June 30, 1993, this amount shall lapse.
(5) The appropriation contains sufficient funds to implement House Bill No. 2028 (restoration notification).
(6) The department shall adjust the retirement systems administrative rate during the 1993-95 biennium as necessary to provide for law enforcement officers' and fire fighters' retirement system employer funding of a study of LEOFF Plan I medical liabilities by the office of the state actuary.
(7) The department shall reduce its administrative charge rate from .22 percent to .17 percent for the 1993-95 biennium.
Sec. 128. 1993 sp.s. c 24 s 134 (uncodified) is amended to read as follows:
FOR THE STATE INVESTMENT BOARD
State Investment Board Expense Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((6,939,000))
7,233,000
The appropriation in this section is subject to the following conditions and limitations: $350,000 is provided solely for state investment board administrative expenses related to real estate litigation being conducted by the attorney general.
Sec. 129. 1993 sp.s. c 24 s 135 (uncodified) is amended to read as follows:
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((123,401,000))
122,121,000
Timber Tax Distribution Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 4,358,000
State Toxics Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((76,000))
74,000
Solid Waste Management Account Appropriation. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((90,000))
88,000
Pollution Liability Reinsurance Trust Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((236,000))
231,000
Vehicle Tire Recycling Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((128,000))
125,000
Air Operating Permit Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 36,000
State Oil Spill Administration Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((20,000))
16,000
Litter Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((96,000))
94,000
Enhanced 911 Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 85,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((128,441,000))
127,228,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $760,000 of the general fund appropriation is provided solely for the information systems project known as "revenue account management." Authority to expend this amount is conditioned on compliance with section 902 of this act.
(2) $85,000 of the enhanced 911 account appropriation is provided solely to implement House Bill No. 2601 (911 excise tax study). If House Bill No. 2601 or substantially similar legislation, is not enacted by June 30, 1994, this appropriation shall lapse.
Sec. 130. 1993 sp.s. c 24 s 138 (uncodified) is amended to read as follows:
FOR THE UNIFORM LEGISLATION COMMISSION
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((47,000))
55,000
Sec. 131. 1993 sp.s. c 24 s 139 (uncodified) is amended to read as follows:
FOR THE OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES
Minority and Women's Business Revolving Fund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ ((2,103,000))
2,098,000
Sec. 132. 1993 sp.s. c 24 s 140 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((393,000))
387,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 1,306,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 392,000
Risk Management Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ ((2,246,000))
2,200,000
State Capitol Vehicle Parking Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((740,000))
738,000
Motor Transport Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((11,024,000))
11,177,000
Air Pollution Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((149,000))
114,000
General Administration Facilities and Services
Revolving Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((21,356,000))
21,183,000
Central Stores Revolving Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((4,285,000))
3,941,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 59,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((41,891,000))
41,497,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The department shall develop a consolidated travel contract with a single best bidder state-wide or best bidders within regions to allow agencies to participate in a rebate on processing and handling costs of booking travel, lodging, and rental vehicle services.
(2) $870,000 of the motor transport account appropriation is provided solely for replacement of motor vehicles through the state treasurer's financing contract program under chapter 39.94 RCW. The department may acquire new motor vehicles only to replace and not to increase the number of motor vehicles within the department's fleet.
(3) $154,000 of the risk management account appropriation is provided solely for the acquisition of a commercial software package to identify and analyze risk exposure and to administer the tort claims revolving fund and the self insurance liability fund.
(4) $200,000 of the general administration facilities and services revolving fund appropriation is provided solely for security for the capitol's west campus area.
(5) $252,000 of the general administration facilities and services revolving fund appropriation is provided solely for administration and provision of the volunteer capitol campus tours program.
(6) (($35,000 of the air pollution control account appropriation is provided solely for the purpose of hiring one full-time equivalent employee to develop procurement specifications consistent with the requirements of RCW 43.19.570, the national energy policy act of 1992 and, to the extent possible, with the procurement specifications of other states. If matching funds are not provided by the alternative fuels industry by July 1, 1993, the amount provided in this subsection shall lapse)) $160,000 of the motor transport account appropriation is provided solely to replace vehicles purchased under the treasurer's financing contract program that have been demolished by vehicular accident before the expiration of the contract.
(7) Reductions to the general administration facilities and services revolving fund appropriation in this section are intended to be the result of management and operational efficiencies and will not result in a reduced level of direct service to clients, increased delegation or transfer of work to clients, or increased rates for services provided in nonappropriated activities or on a reimbursable basis to clients.
(8) $1,000 of the industrial insurance premium refund account appropriation is provided solely for the Washington school director's association.
(9) $171,000 of the general administration facilities and services revolving fund is provided solely to support current planning for state-wide collocation efforts.
Sec. 133. 1993 sp.s. c 24 s 141 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF INFORMATION SERVICES
Data Processing Revolving Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((3,510,000))
3,440,000
The appropriation in this section is subject to the following conditions and limitations:
(1) $400,000 of the nonappropriated data processing revolving fund shall be provided for development and operation of a video telecommunications center. The center shall be financially self-supporting and shall not receive any support from any state sources other than dedicated service fees specifically related to the use of the center.
(2) The department shall spend up to $75,000 from the non-appropriated data processing revolving fund to design and construct a campus fiber optic system.
Sec. 134. 1993 sp.s. c 24 s 142 (uncodified) is amended to read as follows:
FOR THE INSURANCE COMMISSIONER
Insurance Commissioner's Regulatory Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((18,206,000))
18,301,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 104,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((18,310,000))
18,405,000
The appropriations in this section are subject to the following conditions and limitations: $890,000 of the insurance commissioner's regulatory account appropriation is provided solely to implement health care reform. ((If Engrossed Second Substitute Senate Bill No. 5304 (health care reform) is not enacted by June 30, 1993, the amount provided in this subsection shall lapse.))
Sec. 135. 1993 sp.s. c 24 s 143 (uncodified) is amended to read as follows:
Certified Public Accountants' Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((1,202,000))
1,214,000
Sec. 136. 1993 sp.s. c 24 s 145 (uncodified) is amended to read as follows:
FOR THE HORSE RACING COMMISSION
Horse Racing Commission Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((4,876,000))
4,778,000
The appropriation in this section is subject to the following conditions and limitations: None of this appropriation may be used for the purpose of certifying Washington-bred horses under RCW 67.16.075.
Sec. 137. 1993 sp.s. c 24 s 146 (uncodified) is amended to read as follows:
Liquor Revolving Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((111,231,000))
110,404,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 132,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 110,536,000
The appropriations in this section ((is)) are subject to the following conditions and limitations: The liquor control board shall conduct a study that identifies possible savings in contracting outbound freight with a single or small number of carriers. The board shall report to the director of financial management and the fiscal committees of the legislature by September 1, 1994, on the findings of the study, including documentation of cost savings.
Sec. 138. 1993 sp.s. c 24 s 147 (uncodified) is amended to read as follows:
FOR THE UTILITIES AND TRANSPORTATION COMMISSION
Public Service Revolving Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((29,239,000))
28,793,000
Grade Crossing Protective Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((320,000))
220,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((29,559,000))
29,013,000
The appropriations in this section are subject to the following conditions and limitations:
Subject to commission approval, no more than $250,000 of the public service revolving fund appropriation may be spent to assist the legislature and the governor in studying the current statutes and administrative procedures for ((the optimum future capability for voice, video,)) telecommunications and information services in Washington state.
(2) $50,000 of the public service revolving fund appropriation is provided solely for a study of the commission's regulation of water companies. The study shall include a review of the commission's current regulatory approach, existing challenges, and recommendations for a new regulatory strategy. The commission shall report to the governor and the appropriate committees of the legislature by November 15, 1994.
Sec. 139. 1993 sp.s. c 24 s 149 (uncodified) is amended to read as follows:
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((8,365,000))
8,198,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((8,850,000))
8,669,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 186,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((17,401,000))
17,053,000
Sec. 140. 1993 sp.s. c 24 s 150 (uncodified) is amended to read as follows:
FOR THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((1,771,000))
3,348,000
((Employment Relations Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 2,637,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 4,408,000))
The appropriation in this section is subject to the following conditions and limitations: The office of financial management, in consultation with appropriate house of representatives and senate policy and fiscal committees, shall devise a plan for funding the public employment relations commission, either in whole or in part, through a revolving fund beginning in fiscal year 1996.
Sec. 141. 1993 sp.s. c 24 s 152 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF FINANCIAL INSTITUTIONS
Securities Regulation Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((3,031,000))
3,281,000
Mortgage Brokers Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 187,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 3,468,000
((The appropriation in this section is subject to the following conditions and limitations: If Substitute Senate Bill No. 5270, or substantially similar legislation, creating a department of financial institutions is not enacted by July 1, 1993, the securities regulation fund appropriation shall be null and void and the department of licensing general fund--state appropriation shall be increased by $3,031,000.))
Sec. 142. 1993 sp.s. c 24 s 308 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((25,026,000))
24,837,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 458,000
General Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 40,000
Marketplace Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 150,000
Motor Vehicle Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 582,000
Public Facilities Construction Loan Revolving
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 238,000
Litter Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((3,310,000))
3,303,000
State Convention/Trade Center Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 3,975,000
Solid Waste Management Account Appropriation. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((701,000))
689,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((34,480,000))
34,272,000
The appropriations in this section are subject to the following conditions and limitations:
(((3))) (1) The department shall evaluate the progress of the forest products industry's transition into value-added manufacturing and report its findings to the appropriate legislative fiscal and policy committees by September 30, 1994. The report shall recommend strategies for sustaining the effort to increase value-added manufacturing in Washington while decreasing the reliance on state funding.
(((5))) (2) The marketplace account is created in the state treasury to collect fees and expend funds necessary to implement RCW 43.31.524. Fees and other revenue collected by the marketplace program shall be placed in the marketplace account and may be expended only after appropriation by the legislature. The entire marketplace account appropriation is provided to support the department's marketplace program.
(((6))) (3) The entire amount from the state convention and trade center account appropriation is provided solely for the Seattle/King county visitor and convention bureau for marketing and promoting the facilities and services of the convention center and the locale as a convention and visitor destination, and related activities. The department shall not expend more than is received from revenue generated by the special excise tax deposited in the state convention and trade center operations account under RCW 67.40.090(3), less any amount specifically provided to the state convention and trade center under section 316 of this act. Projections and actual collections of such revenue shall be determined and updated by the department of revenue. The funds provided in this section are subject to enactment of a marketing agreement to be approved and administered by the state convention and trade center.
(((7))) (4) $1,000,000 of the general fund--state appropriation is provided to enhance the off-season tourism program.
(((8))) (5) $292,000 of the general fund--state appropriation and $208,000 of the general fund--federal appropriation are provided for the local economic development capacity building initiative.
(((10))) (6) $50,000 of the general fund--state appropriation is provided for the department to work with the Tacoma world trade center for the purpose of assisting small and medium-sized businesses with export opportunities.
(((11))) (7) Not more than $774,000 of the general fund--state appropriation may be expended for the operation of the Pacific Northwest export assistance project. The department shall develop and implement a plan for assessing fees for services provided by the project. The amount provided in this subsection is contingent on the receipt of revenues equal to at least twenty-five percent of the expenditures for fiscal year 1995. It is the intent of the legislature that the revenues raised to defray the expenditures of this program will be increased to fifty percent of the expenditures in fiscal year 1996, seventy-five percent of the expenditures in fiscal year 1997, and beginning in fiscal year 1998, the legislature intends that this program will be fully self-supporting.
(((12))) (8) $40,000 of the general fund--state appropriation is provided to establish an overseas trade office to be located in the Russian far east. An additional $40,000 of the general fund--state appropriation shall be held in reserve and shall be released only upon receipt of at least $40,000 from the ports association or other public entities for the operation of the office. The office is expressly prohibited from accepting any gifts, contributions, or donations of private funds or assistance. It is also the legislature's intent that the trade office remain a publicly owned and operated office for the primary benefit of Russian and Washington state businesses.
(((13))) (9) In implementing the appropriations set forth in this section, the department shall minimize disproportionate impacts on any programs.
(10) $250,000 of the general fund--federal appropriation is provided for sections 5, 6, and 16 through 27 of chapter 512, Laws of 1993 (minority and women-owned businesses).
(11) $30,000 of the general fund--state appropriation is provided solely for an economic analysis related to the construction and operation of a baseball sports facility in King county. The study shall include an analysis of the tax revenues generated as a result of the facility. Each dollar expended from the appropriation in this subsection shall be matched by at least five dollars from nonstate sources expended for the same purpose.
(12) $632,000 of the general fund--state appropriation is provided solely for the promotion of international trade.
(13) The department shall make no expenditures for the center for international trade in forest products after June 30, 1994.
Sec. 143. 1993 sp.s. c 24 s 151 (uncodified) is amended to read as follows:
DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT. On July 1, 1994, all appropriations and all conditions and limitations contained in sections 217 and 308 of this act shall be provided for the department of community, trade, and economic development. ((If Engrossed Substitute Senate Bill No. 5868 or substantially similar legislation creating a department of community, trade, and economic development is not enacted by July 1, 1994, this section shall have no effect.)) If either House Bill No. 2677 or Senate Bill No. 6345 or substantially similar legislation is enacted by the 1994 session of the legislature, then all appropriations and all conditions and limitations in this act shall be provided for the department of community, trade, and economic development on the date specified for the merger of the two departments in that legislation.
Sec. 144. 1993 sp.s. c 24 s 318 (uncodified) is amended to read as follows:
FOR THE GROWTH PLANNING HEARINGS BOARD
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((3,028,000))
2,968,000
Sec. 145. 1993 sp.s. c 24 s 316 (uncodified) is amended to read as follows:
FOR THE STATE CONVENTION AND TRADE CENTER
State Convention/Trade Center Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((19,471,000))
20,251,000
The appropriation in this section is subject to the following conditions and limitations:
(1) $810,000 of the revenue generated by the special excise tax deposited in the state convention and trade center operations account under RCW 67.40.090(3) is provided solely for marketing the facilities and services of the convention center and for promoting the locale as a convention and visitor destination, and for related activities.
(3) $1,000,000 of the state convention and trade center account appropriation is provided solely for the state's share of the following:
(a) The state convention and trade center in collaboration with the city of Seattle, is directed to prepare a development plan for a joint-use building which would include: (i) Uses for the city of Seattle; (ii) one hundred forty thousand square feet of new contiguous heavy load exhibit space with support structures including loading facilities, storage, access and exit ways, and mechanical and electrical spaces; and (iii) development costs to be shared by the city of Seattle and the convention center.
(b) At a minimum the plan shall include the following elements: (i) Financial feasibility; (ii) financing requirements for both the city and state; (iii) exploration of alternative funding and financing mechanisms; (iv) economic and civic impacts; (v) schematic designs; and (vi) alternative uses of the new building for the city. Any studies previously undertaken on uses of the expansion which are applicable may be incorporated in the proposed structure and shall be considered in developing the plan.
(c) Costs of the plan and related studies shall be shared by the state convention and trade center and the city of Seattle.
(d) A convention center expansion and city facilities task force is created. The purpose of the task force is to meet and consult with officials from the city of Seattle and the convention center. The task force shall review and evaluate the plan and prepare subsequent recommendations to the fiscal committees of the legislature. The task force shall submit its recommendations to the appropriate fiscal committees of the legislature on or before January 1, 1995. The task force shall be co-chaired by a member from the senate and a member from the house of representatives. Membership shall be composed as follows: (i) One member each from the majority and minority caucuses of the senate and the house of representatives; (ii) three members from the city of Seattle selected by the mayor; (iii) three members selected by the governor; and (iv) the director or the director's designee from the office of financial management.
PART II
HUMAN SERVICES
Sec. 201. 1993 sp.s. c 24 s 202 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--CHILDREN AND FAMILY SERVICES PROGRAM
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((292,004,000))
282,953,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((193,407,000))
215,631,000
Drug Enforcement and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 3,722,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((489,133,000))
502,306,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $854,000 of the drug enforcement and education account appropriation and $300,000 of the general fund--state appropriation are provided solely to contract for the operation of one pediatric interim care facility. The facility shall provide residential care for up to twelve children through two years of age. Seventy-five percent of the children served by the facility must be in need of special care as a result of substance abuse by their mothers. The facility also shall provide on-site training to biological, adoptive, or foster parents. The facility shall provide at least three months of consultation and support to parents accepting placement of children from the facility. The facility may recruit new and current foster and adoptive parents for infants served by the facility. The department shall not require case management as a condition of the contract.
(2) $700,000 of the general fund--state appropriation and $262,000 of the drug enforcement and education account appropriation are provided solely for up to three nonfacility based programs for the training, consultation, support, and recruitment of biological, foster, and adoptive parents of children through age three in need of special care as a result of substance abuse by their mothers, except that each program may serve up to three medically fragile nonsubstance-abuse-affected children. In selecting nonfacility based programs, preference shall be given to programs whose federal or private funding sources have expired or have successfully performed under the existing pediatric interim care program.
(3) In the event that the department consolidates children's services offices, the department shall ensure that services continue to be accessible to isolated communities.
(4) (($14,984,000 of the general fund--state appropriation and $14,632,000 of the general fund--federal appropriation are provided to establish a state child care block grant by July 1, 1994. The department shall develop a plan for administering the block grant which shall include: (a) A state-wide distribution formula; (b) a block grant application process that encourages the cooperative efforts of local governments, resource and referral agencies, and other not-for-profit organizations involved with child care; (c) recommendations about cost-effective ways to administer child care subsidies in rural areas of the state; and (d) recommendations for the percentage of the grant to be used for local administration. The plan shall be presented to the appropriate legislative committees by January 1, 1994.
(5))) The department shall coordinate funding totaling $400,000 from all available sources to initiate a residential teen welfare protection program in an urban county with a population over 550,000. The program shall be designed to improve employment and parenting skills of teenage mothers to reduce long-term welfare dependence. The department shall select a provider with experience in providing residential services to adolescent mothers and their infants.
(((6))) (5) The family policy council under chapter 70.190 RCW shall establish procedures for locating appropriate counseling staff of participating agencies in public schools.
(((8) $8,792,000 of the general fund--state appropriation is provided solely to implement the following programs: $385,000 of this amount is provided for the medical training project on the evaluation and care of child sexual abuse, $4,784,000 of this amount is provided for contracts for domestic violence shelters and comprehensive domestic violence service planning, $2,841,000 of this amount is provided for early identification and treatment of child sexual abuse, and $782,000 of this amount is provided for sexual assault centers.))
(6) $1,175,000 of the general fund--state appropriation and $2,693,000 of the general fund--federal appropriation are provided solely to implement community-based planning and services for children and families under sections 106 through 126 of Second Substitute House Bill No. 2319 (violence prevention). If Second Substitute House Bill No. 2319 is not enacted by June 30, 1994, the appropriation in this subsection shall lapse.
(7) $217,000 of the general fund--state appropriation is provided solely to implement a research project on therapeutic child care under sections 127 and 128 of Second Substitute House Bill No. 2319 (violence prevention). If Second Substitute House Bill No. 2319 is not enacted by June 30, 1994, the appropriation in this subsection shall lapse.
(8) $1,200,000 of the general fund--state appropriation is provided solely to implement before-and-after-school child care under sections 129 and 130 of Second Substitute House Bill No. 2319 (violence prevention). Of this amount, $876,000 is provided to serve an additional 518 low income children and $324,000 is provided for one time technical assistance grants to school districts and nonprofit community organizations to facilitate additional before-and-after-school child care programs. If Second Substitute House Bill No. 2319 is not enacted by June 30, 1994, the appropriation in this subsection shall lapse.
(9) $900,000 of the general fund--state appropriation is provided solely to implement domestic violence treatment services under sections 131 and 132 of Second Substitute House Bill No. 2319 (violence prevention). If Second Substitute House Bill No. 2319 is not enacted by June 30, 1994, the appropriation in this subsection shall lapse.
(10) $800,000 of the general fund--state appropriation is provided solely to implement the comprehensive plan to coordinate services for homeless children and families.
(11) $835,000 of the general fund--state appropriation and $696,000 of the general fund--federal appropriation are provided solely to enhance and expand the therapeutic child development program.
Sec. 202. 1993 sp.s. c 24 s 203 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--JUVENILE REHABILITATION PROGRAM
(1) COMMUNITY SERVICES
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((60,629,000))
65,536,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((6,639,000))
6,580,000
Drug Enforcement and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((1,552,000))
1,743,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((68,820,000))
73,859,000
The appropriations in this subsection are subject to the following conditions and limitations:
$4,000,000 of the general fund--state appropriation is provided solely for consolidated juvenile services for at-risk youth.
(2) INSTITUTIONAL SERVICES
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((56,655,000))
80,901,000
Drug Enforcement and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((940,000))
826,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((57,595,000))
81,727,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) The division of juvenile rehabilitation shall submit a report to the appropriate policy and fiscal committees of the legislature by December 1, 1993, on proposals to implement early release and structured transition services for juvenile offenders.
(b) The department of general administration, in conjunction with the division of juvenile rehabilitation and other state agencies, shall evaluate and make recommendations on the future use of the Green Hill school and/or property as a state facility. The recommendations shall be submitted to the appropriate policy and fiscal committees of the legislature by December 1, 1993.
(3) PROGRAM SUPPORT
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((2,926,000))
3,428,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 156,000
Drug Enforcement and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((342,000))
265,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((3,424,000))
3,849,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) $100,000 of the general fund--state appropriation is provided solely to implement Substitute House Bill No. 1966 (racial disproportionality study recommendations).
(b) $511,000 of the general fund--state appropriation is provided solely to implement the provisions of Second Substitute House Bill No. 2907 establishing an assistant secretary for the division of juvenile rehabilitation, creating a sentencing commission for juveniles, directing planning for system-wide implementation of vocational education, substance abuse treatment and diagnostic services, and planning and development of a youth boot camp. If Second Substitute House Bill No. 2906 is not enacted by June 30, 1994, the appropriation in this subsection shall lapse.
(4) SPECIAL PROJECTS
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . $ 1,296,000
Sec. 203. 1993 sp.s. c 24 s 204 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--MENTAL HEALTH PROGRAM
(1) COMMUNITY SERVICES/REGIONAL SUPPORT NETWORKS
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((239,529,000))
236,460,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((168,680,000))
166,309,000
General Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 9,000,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((417,209,000))
411,769,000
The appropriations in this section are subject to the following conditions and limitations:
(a) $4,618,000 of the general fund--state appropriation and $5,409,000 of the general fund--federal appropriation are provided solely for additional children's mental health services required in accordance with the medicaid early and periodic screening, diagnosis, and treatment program. By January 1, 1994, the secretary of social and health services shall issue practice guidelines to assist mental health regional support networks and providers determine the scope and duration of mental health services typically required by specific conditions for which mental health intervention is medically necessary.
(b) $2,000,000 of the general fund--state appropriation, of which $500,000 shall be from the 1993-95 current level allocation for regional support networks, and $1,080,000 of the general fund--federal appropriation are provided solely for a risk pool fund to support a collaborative effort between the eastern Washington regional support networks and eastern state hospital. Moneys from this fund shall be expended as payments to regional support networks for reductions in usage of bed days at eastern state hospital, or, to the extent such reductions are not made, to cover resulting budget deficits at the hospital. The intended reductions in hospital bed days, the expected reductions in costs in the state hospitals, and the amount and timing of payments shall be specified in contracts negotiated between the department and the eastern Washington regional support networks. Money from this fund shall not be used to meet any operating deficits at eastern state hospital resulting from causes unrelated to a failure of the regional support networks to reduce bed day usage as specified in contracts.
(c) The secretary of social and health services shall allot to the mental health division funds appropriated to the division of medical assistance for voluntary community psychiatric hospitalizations. The amount transferred shall be the total projected expenditures for voluntary psychiatric hospitalizations in the 1993-95 biennium. The mental health division shall work with mental health regional support networks to design and implement improved prevention, crisis intervention, diversion, and other strategies for reducing avoidable psychiatric hospitalizations. Regional support networks that succeed in reducing voluntary and involuntary hospitalization costs below the baseline level forecast for their region shall receive bonus payments for their performance. The mental health division shall seek approval from the federal government to include federal matching funds in the bonus payments under medicaid waivers.
(d) Regional support networks shall use portions of the general fund--state appropriation for implementation of working agreements with the vocational rehabilitation program which will maximize the use of federal funding for vocational programs.
(e) $560,000 of the general fund--state appropriation is provided solely to assist western Washington regional support networks in reducing the average daily population of western state hospital.
(f) The secretary of social and health services shall assure that any reductions in state grants to recover state payments subsequently reimbursed through federal sources are targeted to those providers at which federal recoveries will actually occur. The reductions shall not be spread on a formula basis across all providers and regional support networks.
(g) The department shall submit recommendations to the house of representatives appropriations committee and the senate ways and means committee by January 1, 1995, on methods to reduce the population of the state hospitals. Recommendations shall be developed in consultation with the regional support networks. Recommendations shall include the number of wards to be closed, the type of wards to be closed, the community capacity increases required to absorb the loss of state hospital capacity, and the costs and savings associated with the closures and the increases in community capacity.
(h) The department shall submit to the house of representatives appropriations committee and the senate ways and means committee by January 1, 1995, a report outlining the following: The ratio of state to local short term commitments, the number of clients receiving services, service types, and the method of measuring service delivery for each service type. The report shall be presented so that each quarter of this biennium and the 1991-93 biennium is identified separately, each regional support network is identified separately, and each service type is identified separately. Service types shall include at least residential programs, employment programs, and other service types that lead to normalizing activities.
(2) INSTITUTIONAL SERVICES
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((146,577,000))
133,118,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((87,011,000))
99,320,000
General Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 42,498,000
Charitable, Educational, Penal and
Reform Institutions Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 3,000,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 507,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((279,593,000))
278,443,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) The mental health program at western state hospital shall continue to utilize labor provided by the Tacoma prerelease program of the department of corrections.
(b) From appropriations provided in this section and in section 208 of this act, the secretary of social and health services shall establish a consolidated, privately-operated program specializing in the involuntary treatment of chemically dependent clients, and the voluntary treatment of mentally ill chemical abusers, on the grounds of the northern state multi-service center. In establishing this consolidated program with discrete treatment components, the secretary shall involve mental health and chemical dependency treatment providers, advocacy groups, and local system administrators in designing the program, developing its admission and discharge procedures, and selecting and monitoring the contractor.
(c) The secretary of social and health services shall phase out operation of the PORTAL program at the northern state multi-service center. In accomplishing this phase down, the secretary shall:
(i) Work with regional support networks, families and advocacy groups, and other community service providers to assure that appropriate community services are in place for people transitioning out of the PORTAL program; and
(ii) Develop and implement a transition plan for state employees dislocated by the phase down of the PORTAL program. The plan shall be tailored to the situations of individual workers and shall include strategies such as individual employment counseling through the departments of personnel and employment security, retraining and placement into other state jobs, placement of state employees with private contractors, and small business assistance.
(((e) $560,000 of the general fund--state appropriation is provided solely to assist western Washington regional support networks in reducing the average daily population of western state hospital.))
(d) The division is authorized to purchase goods and services for the state hospitals through alternative means and shall coordinate these efforts with the office of procurement services within the department of general administration.
(3) CIVIL COMMITMENT
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 5,718,000
(4) SPECIAL PROJECTS
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 1,899,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 2,946,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 4,845,000
(5) PROGRAM SUPPORT
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((4,882,000))
4,951,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((1,826,000))
1,757,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 6,708,000
Sec. 204. 1993 sp.s. c 24 s 205 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--DEVELOPMENTAL DISABILITIES PROGRAM
(1) COMMUNITY SERVICES
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((204,081,000))
205,153,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((131,660,000))
130,724,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((335,741,000))
335,877,000
(2) INSTITUTIONAL SERVICES
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((121,133,000))
125,442,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((165,704,000))
163,647,000
General Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 9,143,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((295,980,000))
298,232,000
(3) PROGRAM SUPPORT
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((5,665,000))
5,673,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((971,000))
963,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 6,636,000
(4) The appropriations in this section are subject to the following conditions and limitations:
(a) The population of the state residential habilitation centers shall be reduced by at least 123 persons by January 1995. This shall be accomplished by providing appropriate community services for those residents who are most ready to move, and by closing the building and administration at Interlake School. In implementing this redeployment of resources, the secretary of social and health services shall assure that:
(i) No individual shall be moved from an institutional to a community setting until sufficient services and support arrangements are in place to assure the individual's health, safety, personal well-being, and continued growth and development on an ongoing basis;
(ii) The savings to general fund--state expenditures from the residential habilitation center consolidations shall exceed the additional costs of new community services for persons moving from the residential habilitation centers by at least $1,200,000;
(((iv))) (iii) A transition plan is developed and implemented for state employees dislocated by the redeployment. The plan shall be tailored to the situations of individual workers and shall include strategies such as individual employment counseling through the departments of personnel and employment security; retraining and placement into other state jobs; placement of state employees with private contractors; and assistance establishing private community service programs; and
(((v))) (iv) A report is submitted to appropriate committees of the legislature by October 1, 1993, and at the beginning of each biennial quarter thereafter, on specific plans for accomplishing the goals of this subsection (4)(a), and their outcomes.
(b)(i) The number of persons receiving community residential services shall not be reduced below the end of fiscal year 1993 level, and shall be increased by the number of persons moving from residential habilitation centers; and
(ii) The benchmark wage and benefits rate for contracted community residential providers shall not be reduced below the January 1993 level((;)).
(c) In addition to slots needed to accommodate persons moving from ICF/MR and nursing facilities, the secretary shall seek federal approval to expand by at least ((500)) 750 the number of persons receiving services under federal medicaid home- and community-based services waivers. If the waiver request is not approved by the federal health care financing administration, the secretary is authorized to use up to $((15,000,000)) 18,000,000 of the general fund--state appropriation to develop intermediate care facilities for the mentally retarded, personal care, rehabilitative, and other services reimbursable under medicaid without a waiver of federal rules. The secretary shall report to the ways and means committee of the senate and the appropriations committee of the house of representatives by February 1, 1994, on the outcome of these efforts.
(d) The secretary shall report to appropriate committees of the legislature by January 1, 1994, on efforts to obtain federal approval to include living units at Fircrest school as group homes under medicaid home- and community-based services waivers.
(e) In developing employment support plans for individuals with developmental disabilities, counties shall utilize, for those who are programmatically eligible, social security work incentive programs such as plans for achieving self support (PASS) and impairment-related work expense (IRWE).
(f) Counties shall use a portion of the general fund--state appropriation for the implementation of working agreements with the vocational rehabilitation program to maximize the use of federal funding for vocational programs.
(g) $((2,210,000)) 1,935,000 of the general fund--state appropriation is provided solely for employment programs, or community access programs to the extent that the programs will lead to employment, for those persons who complete a high school curriculum during the 1993-95 biennium. Portions of this amount may be used for employment programs developed through the vocational rehabilitation program. Federal appropriations for this purpose are provided in the appropriations for the vocational rehabilitation program.
(h) The department shall submit recommendations to the house of representatives appropriations committee and the senate ways and means committee by January 1, 1995, for increasing the efficiency of community residential services funded under this act. The recommendations shall include specific strategies and timelines for reducing the per person cost of residential services during the 1993-95 biennium and the 1995-97 biennium. They shall identify specific strategies to take advantage of economies of size and to encourage providers to develop and sustain community supports. The recommendations shall identify the level and type of supports required to support consumers in different settings and the costs associated with those supports.
Sec. 205. 1993 sp.s. c 24 s 206 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--AGING AND ADULT SERVICES PROGRAM
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((618,987,000))
629,163,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((738,027,000))
727,267,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 2,004,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((1,359,018,000))
1,358,434,000
The appropriations in this section are subject to the following conditions and limitations:
(1) During the first quarter of the fiscal biennium, the department shall transfer recipients of the chore services program who require assistance with household tasks only to the volunteer chore services program. At least $2,277,000 of the general fund--state appropriation shall be used solely for the volunteer chore services program.
(2) By October 1, 1994, the secretary shall develop a waiver request to the federal government to seek federal authorization to establish through regional planning processes specific numerical targets and limits on the number of medicaid recipients served in the various types of long-term care facilities and to selectively contract for long-term care services based on considerations of contractor cost and quality.
(3) $100,000 of the general fund--state appropriation and $100,000 of the general fund--federal appropriation are provided solely for studying and developing a nursing home case mix reimbursement methodology.
(4) $354,000 of the general fund--state appropriation and $354,000 of the general fund--federal appropriation are provided solely to develop a management information system to collect and maintain information on home and community-based long-term care services and clients.
(5) $180,000 of the general fund--state appropriation is provided solely for adult day health services for persons with AIDS. These services shall be provided through a state-only program by a single agency specializing in long-term care for persons with AIDS.
Sec. 206. 1993 sp.s. c 24 s 207 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--INCOME ASSISTANCE PROGRAM
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((653,252,000))
698,640,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((599,986,000))
610,195,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((1,253,238,000))
1,308,835,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Payment levels in the programs for aid to families with dependent children, general assistance, and refugee assistance shall contain an energy allowance to offset the costs of energy. The allowance shall be excluded from consideration as income for the purpose of determining eligibility and benefit levels of the food stamp program to the maximum extent such exclusion is authorized under federal law and RCW 74.08.046. To this end, up to $300,000,000 of the income assistance payments is so designated for exemptions of the following amounts:
Family size 1 2 3 4 5 6 7 8 or more
Exemption: $55 71 86 102 117 133 154 170
(2) $164,000 of the general fund--state appropriation and $196,000 of the general fund--federal appropriation are provided solely to implement the comprehensive plan to coordinate services for homeless children and families. AFDC families whose children are in short-term (less than ninety days) foster care shall retain their grants. In addition, AFDC shall be reactivated for families at risk of homelessness thirty days prior to family reunification for children placed in foster care for more than ninety days.
(3) $644,000 of the general fund--state appropriation and $712,000 of the general fund--federal appropriation are provided solely for the elimination of the one hundred hour rule for recipients of aid to families with dependent children--employable. This change shall take effect July 1, 1994, if the federal government has approved this amendment to the Title IV federal social security act state plan.
Sec. 207. 1993 sp.s. c 24 s 208 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--ALCOHOL AND SUBSTANCE ABUSE PROGRAM
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((15,355,000))
10,542,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((65,475,000))
65,548,000
Drug Enforcement and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((68,572,000))
73,792,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((149,402,000))
149,882,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Up to $304,000 of the general fund--federal appropriation is provided to enact sections 3, 4, and 5 of Engrossed Substitute House Bill No. 2026 (high risk pregnancies). These funds will be used to implement three pilot projects involving pretreatment drug and alcohol services for women of child-bearing age.
(2) From appropriations provided in this section and in section 204 of this act, the secretary of social and health services shall establish a consolidated, privately-operated program specializing in the involuntary treatment of chemically dependent clients, and the voluntary treatment of mentally ill chemical abusers, on the grounds of the northern state multi-service center. In establishing this consolidated program with discrete treatment components, the secretary shall involve mental health and chemical dependency treatment providers, advocacy groups, and local system administrators in designing the program, developing its admission and discharge procedures, and selecting and monitoring the contractor.
(3) $50,000 of the general fund--state appropriation is provided solely to develop a protocol for integrating family planning practices into substance abuse treatment programs and to provide technical assistance on the protocol to ten treatment agencies throughout the state.
(4) $225,000 of the general fund--state appropriation is provided solely for developing a counseling and referral protocol for incorporating responsible family planning practices into the case find activities of the division, for serving all substance abusing women of child-bearing age in King County, and to also replicate the protocol in two urban and two mid-size existing outreach programs.
(5) $9,544,000 of the total appropriation is provided solely for the grant programs for school districts and educational service districts set forth in RCW 28A.170.080 through 28A.170.100, including state support activities, as administered through the office of the superintendent of public instruction.
Sec. 208. 1993 sp.s. c 24 s 209 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--MEDICAL ASSISTANCE PROGRAM
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((1,167,705,000))
1,199,854,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((1,804,308,000))
1,790,514,000
General Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((361,996,000))
361,558,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ ((54,777,000))
57,979,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((3,388,786,000))
3,409,905,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Funding is provided in this section for the adult dental program for Title XIX categorically eligible and medically needy persons and to provide foot care services by podiatric physicians and surgeons.
(2) $160,000 of the general fund--state appropriation and $160,000 of the general fund--federal appropriation are provided solely for the prenatal triage clearinghouse to provide access and outreach to reduce infant mortality.
(3) The department shall contract for the services of private debt collection agencies to maximize financial recoveries from third parties where it is not cost-effective for the state to seek the recovery directly.
(4) $((3,128,000)) 3,018,000 of the general fund--state appropriation is provided solely for treatment of low-income kidney dialysis patients.
(5) $((148,000)) 144,000 of the general fund--state appropriation is provided solely to continue the DECODE program.
(6) It is the intent of the legislature that Harborview medical center continue to be an economically viable component of the health care system and that the state's financial interest in Harborview medical center be recognized.
(7) $((50,240,000)) 49,204,000 of the health services account--state appropriation and $((61,404,000)) 58,323,000 of the general fund--federal appropriation are provided solely to expand medicaid eligibility to 200 percent of poverty for children through age 18, effective July 1, 1994. The appropriation in this subsection includes $662,000 from the health services account--state and $808,000 from general fund--federal to accelerate the implementation of managed care in the medicaid program. It also includes funds to administer the expanded caseload and to coordinate with the basic health plan. This subsection includes funds for full coverage of children enrolled in the basic health plan and eligible for medicaid under eligibility standards in place July 1, 1993. It is the intent of the legislature that children covered through this expanded coverage shall be enrolled in managed care plans to the maximum extent possible. The department shall seek to expand its managed care waivers to require children funded through this subsection to enroll in the basic health plan or other managed care systems. The department shall create a special eligibility category for children covered by this eligibility expansion, so that expenditures, unit costs and individuals served may be reported consistently over time. The department shall also provide for consistent reporting on other medicaid children served through the basic health plan.
(8) $644,000 of the health services account appropriation is provided solely for costs associated with the waiver application required by health care reform.
(9) $((1,693,000)) 1,757,000 of the health services account appropriation is provided solely to expand maternity care services previously supported through the department of health.
(10) $100,000 of the general fund--state appropriation and $800,000 of the general fund--federal appropriation are provided solely for one-time additional outreach efforts to extend family planning coverage to more women and to establish on-site family planning capabilities at the Spokane North community services office.
(11) $400,000 of the general fund--state appropriation and $400,000 of the general fund--federal appropriation are provided solely for transitioning social security income clients to the healthy options managed care program during the current biennium.
(12) The department is prohibited from requiring prior authorization for nonmedical reasons for prescription drugs and medications for medicaid eligible recipients. The department shall evaluate options by October 1, 1994, for reducing expenditures for prescription drugs and medications, including a point-of-sale prospective drug utilization review.
NEW SECTION. Sec. 209. A new section is added to chapter 24, Laws of 1993 sp.s. (uncodified) to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES-MEDICAL ASSISTANCE ADMINISTRATION.
$50,000 from the general fund--state and $50,000 from the general fund--federal are appropriated for the purposes of examining selective state-wide contracting as a cost-saving measure. Items to be considered for selective state-wide contracting include, but are not limited to, prescription drugs, durable medical equipment, eyeglasses, and hearing aids. Selective contracts should be considered both as a way to provide a benchmark price in negotiating with managed care plans for the inclusion of particular services and as a way to supplement managed care plans unable to offer particular services. By December 1, 1994, the department shall report to the fiscal committees of the legislature the fiscal impact of selective state-wide contracting for those items examined.
NEW SECTION. Sec. 210. A new section is added to chapter 24, Laws of 1993 sp.s. (uncodified) to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES-MEDICAL ASSISTANCE ADMINISTRATION.
$50,000 from the general fund--state and $50,000 from the general fund--federal are appropriated for the purposes of analyzing the scope of services provided to medical assistance clients. As part of the health care reform process initiated by chapter 492, Laws of 1993, the department and the office of financial management shall compare the current scope of medical assistance services to those provided by: (1) The basic health plan, (2) the uniform benefits package, and (3) the state employee health insurance package. The comparison of the scope of services shall take into account the relative ability to pay of medical assistance clients and those persons receiving coverage under (1), (2), and (3) of this section. To the extent that the health services commission has not decided upon a preliminary uniform benefits package at an early enough date for the analysis required in (2) of this section, the basic health plan plus the additional benefits called for in section 449, chapter 492, Laws of 1993 shall be substituted for the uniform benefits package. The department and the office of financial management shall report the fiscal impacts of setting the scope of medical assistance benefits to the packages described in (1), (2), and (3) of this section to the fiscal committees of the legislature by December 1, 1994.
NEW SECTION. Sec. 211. A new section is added to chapter 24, Laws of 1993 sp.s. (uncodified) to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES-MEDICAL ASSISTANCE ADMINISTRATION.
$50,000 from the general fund--state and $50,000 from the general fund--federal are appropriated for the purposes of analyzing the definition of medical necessity. The department and the office of financial management shall analyze possible alterations to this definition including, but not be limited to: (1) Consideration of the probabilities of success of high-cost treatments; (2) whether a high-cost treatment will provide any appreciable positive impact on a patient's quality of life; and (3) consideration of a patient's other existing medical conditions and expected remaining years of life. This analysis shall be undertaken in consultation with relevant health care providers and bioethicists. No later than December 1, 1994, the department and the office of financial management shall report to the fiscal committees of the legislature the associated changes in the type, frequency, or intensity of medical assistance services to be provided under the various definitions of medical necessity along with the fiscal impacts of such changes.
Sec. 212. 1993 sp.s. c 24 s 210 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--VOCATIONAL REHABILITATION PROGRAM
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((15,406,000))
15,681,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 68,237,000
General Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 2,127,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((83,643,000))
86,045,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The division of vocational rehabilitation shall negotiate cooperative interagency agreements with mental health regional support networks and with community developmental disabilities programs to improve and expand employment opportunities for people with severe disabilities served by those local agencies. Of the funds appropriated in this section, $7,859,000 of the general fund--federal appropriation is provided solely as match for ((state appropriations included in other sections of this act to implement these cooperative agreements)) the general fund--local appropriation included in this section.
(2) The division of vocational rehabilitation shall assure that individuals affected by reductions in the job support services (extended sheltered employment) program have access to services under the regular state and federal vocational rehabilitation program that will enable them to obtain and maintain ongoing competitive or supported employment.
(3) $275,000 of the general fund--state appropriation and $1,015,000 of the general fund--federal appropriation is provided solely for vocational rehabilitation services for individuals with severe disabilities who complete a high school curriculum during the 1993-95 biennium.
(4) Expenditure of funds appropriated in this section for the information systems project known as STARS is conditioned upon compliance with section 902, chapter 24, Laws of 1993 sp. sess.
Sec. 213. 1993 sp.s. c 24 s 211 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--ADMINISTRATION AND SUPPORTING SERVICES PROGRAM
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((46,547,000))
44,889,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((37,420,000))
38,746,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((83,967,000))
83,635,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The secretary of social and health services and the director of labor and industries shall report to the legislature by December 1, 1993, on strategies for reducing workers compensation costs in developmental disabilities, juvenile rehabilitation, and mental health facilities operated by the department of social and health services.
(2) The report shall identify the specific 1994-97 costs and savings associated with at least the following strategies for reducing workers compensation claims and costs: (a) Injury prevention strategies; (b) improved return to work efforts; (c) more effective claims management through designation of a specific claims unit in the department of labor and industries; and (d) more effective claims management through delegation of claims management responsibility to the department of social and health services.
(3) The report shall also address the projected costs and benefits of at least the following strategies for financing injury and claims reduction efforts: (a) Upfront loss control credits; (b) post-biennial charges for actual costs rather than the current three-year actuarially adjusted method; (c) revised case reserve policies; and (d) reducing the number of state employee risk classifications.
(4) The report shall be submitted to the committees on ways and means and labor and commerce of the senate, and to the committees on appropriations and commerce and labor of the house of representatives.
(5) The department shall enter an interagency agreement transferring $100,000 to the human rights commission by August 1, 1993, to offset the cost of investigating claims filed with the commission by department employees and clients.
(6) The secretary of social and health services and the director of labor and industries shall negotiate and implement an upfront loss control discount as recommended in the agencies' January 1994 report to the legislature. The agreement shall identify: (a) Specific, measurable goals for reduced worker injuries and time-loss in the state developmental disabilities institutions and mental hospitals; (b) the actions that each agency will take to accomplish such reductions; and (c) the methods and frequency with which progress toward those goals shall be reported. By July 1, 1994, and every six months thereafter, the departments shall report to the appropriate fiscal and policy committees of the legislature on the status of the agreement and changes to date in injury and time-loss rates.
Sec. 214. 1993 sp.s. c 24 s 212 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--COMMUNITY SERVICES ADMINISTRATION PROGRAM
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((219,837,000))
222,878,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((257,237,000))
255,088,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 793,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((477,867,000))
478,759,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $((8,953,000)) 12,110,000 of the general fund--state appropriation and $((21,683,000)) 17,454,000 of the general fund--federal appropriation are provided solely for the development of the automated client eligibility system. Authority to expend these funds is conditioned on compliance with section 902 of this act.
(2) The department shall distribute additional staff positions to community service offices to address increased workloads. In distributing the positions, the department shall ensure that additional staff are provided to the community service offices with the greatest workload in relation to current staff resources.
(3) $793,000 of the health services account--state and $969,000 of the general fund--federal appropriation are provided solely for the costs associated with expanding medicaid eligibility to 200 percent of poverty level for children through age 18, effective July 1, 1994.
(4) The department shall immediately develop mechanisms for the income assistance program, the medical assistance program, and community services administration to facilitate the enrollment in the federal supplemental security income program for disabled persons currently receiving aid to families with dependent children.
(5) $611,000 of the general fund--state appropriation and $611,000 of the general fund--federal appropriation are provided solely to train community service office staff in the effective communication of the expectation that public assistance recipients will enter employment, provide family planning and employment information and educational video programs in the community service office waiting rooms, and hold community meetings and workshops to involve community members and clients in developing effective strategies for service delivery.
(6) $1,897,000 of the general fund--state appropriation and $2,197,000 of the general fund--federal appropriation are provided solely to implement provisions of Engrossed Second Substitute House Bill No. 2798 (public assistance reform) which provide for increased access to family planning in the community service offices, require a system to track recipients who leave assistance having taken any job offered, coordination and planning of an evaluation of state-wide changes to public assistance which take effect July 1, 1995, and changes to the automated client eligibility system.
(7) $750,000 of the general fund--federal appropriation is provided solely as matching funds for the administrative contingency fund appropriation in the employment security department to implement section 9 of Engrossed Second Substitute House Bill No. 2798 (public assistance reform).
Sec. 215. 1993 sp.s. c 24 s 213 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--REVENUE COLLECTIONS PROGRAM
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((35,763,000))
41,440,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((178,043,000))
136,600,000
General Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((280,000))
36,141,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((214,086,000))
214,181,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $415,000 of the general fund--state appropriation and $139,000 of the general fund--federal appropriation are provided solely to implement Senate Bill No. 5723 (increased recovery from social service clients). If the bill is not enacted by June 30, 1993, the amounts provided in this subsection shall lapse.
(2) $47,000 of the general fund--state appropriation is provided solely to implement House Bill No. 2492 (medicaid estate recovery). If the bill is not enacted by June 30, 1994, the amount provided in this subsection shall lapse.
(3) The department shall contract with private collection agencies to pursue collection of arrearages in cases that might otherwise consume a disproportionate share of the department's collection efforts. In determining appropriate contract provisions, the department shall consult with other states that have successfully contracted with private collection agencies to the extent allowed by federal support enforcement regulations.
Sec. 216. 1993 sp.s. c 24 s 214 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--PAYMENTS TO OTHER AGENCIES PROGRAM
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((30,935,000))
31,029,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((11,724,000))
12,126,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((42,659,000))
43,155,000
The appropriations in this section are subject to the following conditions and limitations: The department may transfer up to $1,810,000 of the general fund--state appropriation and $416,000 of the general fund--federal appropriation from its various programs to implement reductions related to the consolidated mail service.
Sec. 217. 1993 sp.s. c 24 s 215 (uncodified) is amended to read as follows:
FOR THE HEALTH CARE COMMISSION
Health Services Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .$ ((4,004,000))
4,053,000
The appropriation in this section is subject to the following conditions and limitations: $49,000 of the health services account appropriation is provided solely for analyzing the requirements associated with providing health insurance coverage for farmworkers.
Sec. 218. 1993 sp.s. c 24 s 216 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE HEALTH CARE AUTHORITY
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . $ 6,810,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . $ ((139,368,000))
136,568,000
State Health Care Authority Administrative Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .$ ((10,045,000))
9,928,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . $ ((156,223,000))
153,306,000
The appropriations in this section are subject to the following conditions and limitations:
(1) From the nonappropriated retired school employees insurance account, the health care authority shall reimburse the department of retirement systems through interagency agreements for enrolling K-12 retirees in a state-administered health benefits plan.
(2) $1,205,000 of the health services account appropriation is provided solely for health care reform planning. If Engrossed Substitute Senate Bill No. 5304 (health care reform) is not enacted by June 30, 1993, the amount provided in this subsection shall lapse.
(3) $6,810,000 of the general fund appropriation and $5,000,000 of the health services account appropriation are provided solely to implement the transfer of the community health clinics funding from the department of health provided in Engrossed Substitute Senate Bill No. 5304 (health care reform).
(4) $222,000 of the health services account appropriation is provided solely to work with school districts in preparation of providing school employees state-administered health care plans, in accordance with Engrossed Substitute Senate Bill No. 5304 (health care reform).
(5) The health care authority shall not initiate any services that will require expenditure of state general fund moneys unless expressly authorized in this act or other law, or unless the services were provided on March 1, 1993. The department may seek, receive, and spend, under RCW 43.79.260 through 43.79.282, federal moneys not anticipated in this act as long as the federal funding does not require expenditure of state moneys for the program in excess of amounts anticipated in this act. If the department receives unanticipated unrestricted federal moneys, those moneys shall be spent for services authorized in this act or in any other legislation that provides appropriation authority, and an equal amount of appropriated state moneys shall lapse. As used in this subsection, "unrestricted federal moneys" includes block grants and other funds that federal law does not require to be spent on specifically defined projects or matched on a formula basis by state funds.
(6) $((132,941,000)) 130,153,000 of the health services account appropriation is provided solely for health coverage through the subsidized portion of the basic health plan and program administration. Beginning July 1, 1993, the administrator shall coordinate coverage with the medical assistance division of the department of social and health services to earn federal matching funds and to provide full medical assistance services for eligible children.
Sec. 219. 1993 sp.s. c 24 s 219 (uncodified) is amended to read as follows:
FOR THE HUMAN RIGHTS COMMISSION
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((3,919,000))
3,841,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 1,009,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 402,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((5,330,000))
5,252,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $197,964 of the general fund--private/local appropriation is provided solely for the provision of technical assistance services by the commission.
(2) $102,000 of the general fund--state appropriation is provided solely to implement Substitute House Bill No. 1443 (jurisdiction of the human rights commission). If the bill is not enacted by June 30, 1994, the amount provided in this subsection shall lapse.
(3) $50,000 of the general fund--state appropriation is provided to implement Substitute House Bill No. 1966 (racial disproportionality study recommendations).
Sec. 220. 1993 sp.s. c 24 s 220 (uncodified) is amended to read as follows:
FOR THE BOARD OF INDUSTRIAL INSURANCE APPEALS
((General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . $ 110,000))
Worker and Community Right-to-Know Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 20,000
Accident Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((10,194,000))
9,990,000
Medical Aid Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((10,194,000))
9,990,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((20,518,000))
20,000,000
Sec. 221. 1993 sp.s. c 24 s 221 (uncodified) is amended to read as follows:
FOR THE CRIMINAL JUSTICE TRAINING COMMISSION
Death Investigations Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 38,000
Public Safety and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((10,818,000))
10,654,000
Drug Enforcement and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 344,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((11,200,000))
11,036,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The public safety and education account appropriation provides sufficient money to implement section 5 of Engrossed Substitute House Bill No. 1569 (malicious harassment).
(2)(a) By September 30, 1994, the Washington state criminal justice training commission, the Washington state patrol, and the Washington association of sheriffs and police chiefs shall develop a written model policy on vehicular pursuits.
(b) The Washington state criminal justice training commission shall make the vehicular pursuit model policy available to the Washington state patrol and local law enforcement agencies.
Sec. 222. 1993 sp.s. c 24 s 222 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF LABOR AND INDUSTRIES
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((9,241,000))
9,277,000
Public Works Administration--State Appropriation. . . . . . . . . . . . . . . . . . . . . . $ ((1,175,000))
1,591,000
Public Safety and Education Account State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 20,513,000
Public Safety and Education Account Federal
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((4,783,000))
6,165,000
Public Safety and Education Account Private/Local
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 100,000
Accident Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((144,374,000))
141,176,000
Accident Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ ((7,832,000))
9,112,000
Electrical License Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ ((18,219,000))
17,315,000
Farm Labor Revolving Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 28,000
Medical Aid Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ ((166,439,000))
163,865,000
Medical Aid Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 1,592,000
Plumbing Certificate Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ ((227,000))
700,000
Pressure Systems Safety Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((1,981,000))
1,857,000
Worker and Community Right-to-Know Fund
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((2,170,000))
2,145,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((378,674,000))
375,436,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The secretary of social and health services and the director of labor and industries shall report to the legislature by January 1, 1994, on strategies for reducing workers compensation costs in developmental disabilities, juvenile rehabilitation, and mental health facilities operated by the department of social and health services.
(2) The report shall identify the specific 1994-97 costs and savings associated with at least the following strategies for reducing workers compensation claims and costs: (a) Injury prevention strategies; (b) improved returned to work efforts; (c) more effective claims management through designation of a specific claims unit in the department of labor and industries; and (d) more effective claims management through delegation of claims management responsibility to the department of social and health services.
(3) The report shall also address the projected costs and benefits of at least the following strategies for financing injury and claims reduction efforts: (a) Upfront loss control credits; (b) post-biennial charges for actual costs rather than the current three-year actuarially adjusted method; (c) revised case reserve policies; and (d) reducing the number of state employee risk classifications.
(4) The report shall be submitted to the committees on ways and means and labor and commerce of the senate, and to the committees on appropriations and commerce and labor of the house of representatives.
(5) Expenditure of funds appropriated in this section for the information systems projects identified in agency budget requests as "prime migration((,))" and "state fund information system((,))" ((and "safety and health information management system")) is conditioned upon compliance with section 902 of this act.
(6) Pursuant to RCW 7.68.015, the department shall operate the crime victims compensation program within the public safety and education act funds appropriated in this section. In the event that cost containment measures are necessary, the department may (a) institute copayments for services; (b) develop preferred provider and managed care contracts; (c) place benefit maximums on treatment; (d) coordinate with the department of social and health services to use public safety and education account funds as the match for federal Title XIX reimbursement, to the extent this maximizes total funds available for services to crime victims; and (e) establish priorities for the provision of services to eligible claimants as follows:
(i) Emergency medical services (inclusive of sexual assault examinations and emergency transportation);
(ii) Nonemergency medical and outpatient mental health services;
(iii) Family member mental health services;
(iv) Direct compensation (wage loss and disability) benefits on future claims; and
(v) Substance abuse and inpatient mental health services.
(7) $470,000 of the medical aid fund--state appropriation is provided solely for activities required by Engrossed Second Substitute Senate Bill No. 5304 (health care reform). If the bill is not enacted by July 1, 1993, the amount provided in this subsection shall lapse.
(8) The director of labor and industries and the secretary of social and health services shall negotiate and implement an upfront loss control discount as recommended in the agencies' January 1994 report to the legislature. The agreement shall identify: (a) Specific, measurable goals for reduced worker injuries and time-loss in the state developmental disabilities institutions and mental hospitals; (b) the actions which each agency will take to accomplish such reductions; and (c) the methods and frequency with which progress toward those goals shall be reported. By July 1, 1994, and every six months thereafter, the departments shall report to the appropriate fiscal and policy committees of the legislature on the status of the agreement, and changes to date in injury and time-loss rates.
(9) $108,000 of the general fund--state appropriation is provided solely for an interagency agreement to reimburse the board of industrial insurance appeals for crime victims appeals.
(10) Up to $1,500,000 of the medical aid fund--state appropriation is provided solely to implement section 4 of Substitute House Bill No. 2696 (chemically related illness). Prior to the expenditure of these funds, an agency implementation plan must be approved as required under section 4 of Substitute House Bill No. 2696. If the bill is not enacted by June 30, 1994, the amount provided in this subsection shall lapse.
(11) The department shall provide staff support to the workers' compensation advisory committee to study the cost-effectiveness and appellate structure of the board of industrial insurance appeals system. The committee shall consult with and accept input from other interested parties. The committee shall report its recommendations to the legislature by December 1, 1994.
Sec. 223. 1993 sp.s. c 24 s 223 (uncodified) is amended to read as follows:
FOR THE INDETERMINATE SENTENCE REVIEW BOARD
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((2,643,000))
2,591,000
Sec. 224. 1993 sp.s. c 24 s 224 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF VETERANS AFFAIRS
((General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 20,701,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 16,099,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 10,088,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 50,000
Charitable, Educational, Penal, and Reformatory
Institutions Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 4,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 46,942,000))
(1) HEADQUARTERS
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 2,732,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 78,000
Charitable, Educational, Penal, and Reformatory
Institutions Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 4,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 2,814,000
(2) FIELD SERVICES
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 2,937,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 500,000
General Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 243,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 3,680,000
(3) VETERANS HOME
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 8,090,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 10,154,000
General Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 7,528,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 25,772,000
(4) SOLDIERS HOME
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 5,598,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 5,869,000
General Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 4,642,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 16,109,000
Sec. 225. 1993 sp.s. c 24 s 225 (uncodified) is amended to read as follows:
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((92,520,000))
89,171,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((160,977,000))
184,299,000
General Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((22,357,000))
21,462,000
Hospital Commission Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,028,000
Medical Disciplinary Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,806,000
Health Professions Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((27,931,000))
27,649,000
Industrial Insurance Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 14,000
State Toxics Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 3,091,000
Drug Enforcement and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 467,000
Medical Test Site Licensure Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((2,584,000))
1,832,000
Safe Drinking Water Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((1,850,000))
2,710,000
Public Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,000,000
Youth Tobacco Prevention Account Appropriation. . . . . . . . . . . . . . . . . . . . . . $ 1,830,000
Water Quality Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 2,997,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ ((11,171,000))
12,587,000
Waterworks Operator Certification Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 522,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((352,609,000))
373,465,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,465,000 of the general fund--state appropriation is provided for the implementation of the Puget Sound water quality management plan.
(2) $3,900,000 of the public health services account appropriation is provided solely to implement Second Substitute Senate Bill No. 5239 (centralizing poison information services). If the bill is not enacted by June 30, 1993, the amount provided in this subsection shall lapse.
(3) $2,750,000 of the public health services account appropriation is provided solely for teen pregnancy prevention activities as provided in Engrossed Substitute House Bill No. 1408 (teen pregnancy prevention). The media campaign portion of the program shall be provided through a nonprofit corporation.
(4) $1,000,000 of the public health services account appropriation is provided solely for a counter message advertising campaign aimed at reducing high risk teen behaviors, reducing tobacco and substance abuse, and encouraging sexual abstinence. The media campaign shall be provided through a nonprofit corporation.
(5) $100,000 of the public health services account appropriation is provided solely for the community-based multicultural assistance program.
(6) $1,000,000 of the public health services account appropriation is provided solely for immunization programs to include: $200,000 for provider and public education, $200,000 for demonstration projects in low-income or economically distressed areas, and $600,000 for competitive challenge grants to be matched on a one-to-one basis by applicant communities.
(7) $1,000,000 of the public health services account appropriation is provided solely for enhanced family planning services.
(8) $250,000 of the public health services account appropriation is provided solely for development of the public health services improvement plan.
(9) $10,000,000 of the public health services account appropriation is provided solely for distribution to local health departments for distribution on a per capita basis. Prior to distributing these funds, the department shall adopt rules and procedures to ensure that these funds are not used to replace current local support for public health programs.
(10) $1,507,000 of the health services account appropriation is provided solely for improving recruitment and retention of primary care providers in rural and underserved areas.
(11) $1,948,000 of the health services account appropriation is provided solely for training emergency medical service personnel.
(12) $280,000 of the health services account appropriation is provides solely for malpractice insurance for volunteer primary care providers.
(13) $613,000 of the health services account appropriation is provided solely for development of the health personnel improvement plan.
(14) $1,918,000 of the health services account appropriation is provided solely for special services for children from throughout the state through Children's hospital.
(15) $3,530,000 of the health services account appropriation is provided solely for data activities associated with health care reform.
(16) $1,375,000 of the health services account appropriation is provided solely for the state board of health and health policy activities of the department of health.
(17) $997,000 of the health services account appropriation is provided solely for the certification of emergency services personnel and ambulance services licensing activities performed by the department of health.
(18) $419,000 of the health services account appropriation is provided solely for the pesticide program activities in the department of health.
(19) The department of health shall not initiate any services that will require expenditure of state general fund moneys unless expressly authorized in this act or other law, or unless the services were provided on March 1, 1993. The department may seek, receive, and spend, under RCW 43.79.260 through 43.79.282, federal moneys not anticipated in this act as long as the federal funding does not require expenditure of state moneys for the program in excess of amounts anticipated in this act. If the department receives unanticipated unrestricted federal moneys, those moneys shall be spent for services authorized in this act or in any other legislation that provides appropriation authority, and an equal amount of appropriated state moneys shall lapse. Upon the lapsing of any moneys under this subsection, the office of financial management shall notify the legislative fiscal committees. As used in this subsection, "unrestricted federal moneys" includes block grants and other funds that federal law does not require to be spent on specifically defined projects or matched on a formula basis by state funds.
(((18) The department shall assess fees for certification and licensure of emergency medical service programs. Certification and licensure costs for volunteer personnel shall be paid from local government revenues under RCW 84.52.069.))
(20) $700,000 of the general fund--state appropriation is provided solely to the department for start up grants to fund up to seven healthy family programs throughout the state as contained in sections 101 through 105 of Second Substitute House Bill No. 2319 (violence prevention). If sections 101 through 105 of Second Substitute House Bill No. 2319 is not enacted by June 30, 1994, the appropriation provided in this subsection shall lapse.
Sec. 226. 1993 sp.s. c 24 s 226 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
(1) COMMUNITY CORRECTIONS
General Fund—State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((144,578,000))
136,937,000
Drug Enforcement and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 114,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((144,692,000))
137,051,000
The appropriations in this subsection are subject to the following conditions and limitations: The department shall not expend any funds appropriated in this act for the supervision of misdemeanants, except in the case of agreements entered into by the department with units of local government pursuant to RCW 72.09.300.
(2) INSTITUTIONAL SERVICES
General Fund—State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((516,108,000))
501,107,000
Drug Enforcement and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,836,000
Transportation Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 1,075,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((519,019,000))
504,018,000
(3) ADMINISTRATION AND PROGRAM SUPPORT
General Fund—State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((25,754,000))
27,253,000
State Capital Vehicle Parking Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 90,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 147,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((25,901,000))
27,490,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) $223,000 of the general fund--state appropriation is provided solely for the development of a centralized claims data collection system for health services provided by the department to inmates. Expenditures are contingent on the formal approval by the health care authority on the design of the system. The department shall report, by January 1, 1995, to the house of representatives corrections committee, the house of representatives appropriations committee, and the senate ways and means committee on savings that may result from centralized claims administration and bill review and plans to develop and implement cost management strategies recommended by the health care authority.
(b) By July 1, 1995, the department shall develop a standard set of health services that it will provide for inmates in correctional facilities when medically necessary. These services shall be developed in consultation with the health care authority and the health care commission. The services shall exceed the level of services available under the uniform benefits package as defined by the health services commission pursuant to RCW 43.72.130 only to the extent that they have been identified as medically necessary and appropriate supplemental benefits and services.
(c) The department shall submit recommendations to the house of representatives appropriations committee, the house of representatives capital committee, and the senate ways and means committee by January 1, 1995, on methods of reducing operating costs in its facilities through the use of highest and best use analysis and life cycle cost analysis as developed by the legislative budget committee in its report Department of Corrections Capacity Planning and Implementation (LBC 94-1). In identifying options for reductions in its operating budget the department shall specify the capital costs and savings as well as operating budget savings related to reach option.
(4) CORRECTIONAL INDUSTRIES
General Fund—State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((3,795,000))
3,797,000
(5) REVOLVING FUNDS
General Fund—State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((10,404,000))
10,576,000
Sec. 227. 1993 sp.s. c 24 s 227 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SERVICES FOR THE BLIND
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((2,601,000))
2,587,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((8,552,000))
8,510,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 80,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((11,233,000))
11,177,000
Sec. 228. 1993 sp.s. c 24 s 228 (uncodified) is amended to read as follows:
FOR THE SENTENCING GUIDELINES COMMISSION
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . $ ((662,000))
723,000
Sec. 229. 1993 sp.s. c 24 s 229 (uncodified) is amended to read as follows:
FOR THE EMPLOYMENT SECURITY DEPARTMENT
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((1,397,000))
2,897,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 144,834,000
General Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 19,982,000
Industrial Insurance Premium Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 30,000
Administrative Contingency Fund--Federal
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((7,528,000))
8,235,000
Unemployment Compensation Administration Fund--
Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((152,409,000))
152,309,000
Employment Service Administration Account
Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((11,272,000))
11,304,000
Employment Training Trust Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 7,804,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((345,226,000))
347,395,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $63,000 of the administrative contingency fund--federal appropriation is provided solely to implement section 30 of chapter 315, Laws of 1991, (Engrossed Substitute Senate Bill No. 5555, timber areas assistance) for the department to contract with the department of community development for support of existing employment centers in timber-dependent communities.
(2) $215,000 of the administrative contingency fund--federal appropriation is provided solely for the department to contract with the department of community development for support of existing reemployment support centers.
(3) $643,000 of the administrative contingency fund--federal appropriation is provided solely for programs authorized in sections 5 through 9 of chapter 315, Laws of 1991 (Engrossed Substitute Senate Bill No. 5555, countercyclical program for timber-impacted areas).
(4) $304,000 of the administrative contingency fund--federal appropriation is provided solely for programs authorized in section 3 of chapter 315, Laws of 1991 (Engrossed Substitute Senate Bill No. 5555, self-employment enterprise development program for timber areas).
(5) $289,000 of the administrative contingency fund--federal appropriation is provided solely for programs authorized in sections 3, 4, 5, and 9 of chapter 315, Law of 1991 (Engrossed Substitute Senate Bill No. 5555, timber areas assistance) for administration of extended unemployment benefits (timber AB screening - UI benefits extensions).
(6) $671,000 of the administrative contingency fund--federal appropriation is provided solely for the corrections clearinghouse coordinator.
(7) $778,000 of the administrative contingency fund--federal appropriation is provided solely for the corrections clearinghouse ex-offender program.
(8) $313,000 of the administrative contingency fund--federal appropriation is provided solely for the corrections clearinghouse career awareness program.
(9) $1,790,471 of the administrative contingency fund--federal appropriation is provided solely for the Washington service corps program.
(10) $270,000 of the unemployment compensation account--federal appropriation is provided solely for the resource center for the handicapped.
(11) The employment security department shall spend no more than $((13,778,541)) 22,069,000 of the general fund--federal appropriation for the general unemployment insurance development effort (GUIDE) project. Of this amount, $8,291,000 is transferred to the office of financial management to monitor the contract and expenditures for the GUIDE project. The office of financial management shall report to the appropriate legislative committees on the progress of GUIDE by January 1, 1995. Authority to expend this amount is conditioned on compliance with section 902 of chapter 24, Laws of 1993, 1st sp. sess.
(12) $300,000 of the general fund--state appropriation is provided solely to implement Engrossed Substitute House Bill No. 1529 (timber programs reauthorization). If Engrossed Substitute House Bill No. 1529 is not enacted by June 30, 1993, the amount provided in this subsection shall lapse.
(13) $275,000 of the general fund--state appropriation is provided solely to implement a youth gang prevention program. If Engrossed Substitute House Bill No. 1333 is not enacted by June 30, 1993, the amount provided in this subsection shall lapse.
(14) $400,000 of the general fund--state appropriation is provided solely for transfer to the department of social and health services division of vocational rehabilitation solely to contract with the Washington initiative for supported employment for the purpose of continuing the promotion of supported employment services for persons with significant disabilities.
(15) $400,000 of the general fund--state appropriation is provided solely to implement the Washington serves program. If Substitute House Bill No. 1969 is not enacted by June 30, 1993, the amount provided in this subsection shall lapse.
(16) $500,000 of the administrative contingency fund appropriation is provided solely to match $750,000 of the general fund--federal appropriation for the department of social and health services. The $1,250,000 is provided solely for additional job counselors required under section 9 of Engrossed Second Substitute House Bill No. 2798 (public assistance reform).
(17) $1,500,000 of the general fund--state appropriation is provided solely for start-up grants to develop Youthbuild employee training programs for economically disadvantaged youth under sections 302 through 310 of Engrossed Second Substitute House Bill No. 2319 (violence prevention). The department shall report to the appropriate committees of the legislature no later than December 31, 1994, on the progress of implementing the Youthbuild program, and issue a subsequent follow-up report by January 1, 1995.
PART III
NATURAL RESOURCES
Sec. 301. 1993 sp.s. c 24 s 301 (uncodified) is amended to read as follows:
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((1,518,000))
1,488,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((23,675,000))
22,922,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 6,769,000
Geothermal Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 41,000
Building Code Council Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 92,000
Air Pollution Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,007,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 4,000
Energy Efficiency Services Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,056,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((39,162,000))
38,379,000
Sec. 302. 1993 sp.s. c 24 s 302 (uncodified) is amended to read as follows:
FOR THE COLUMBIA RIVER GORGE COMMISSION
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((574,000))
563,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((542,000))
531,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((1,116,000))
1,094,000
Sec. 303. 1993 sp.s. c 24 s 303 (uncodified) is amended to read as follows:
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((55,625,000))
56,151,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((45,061,000))
44,601,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((1,103,000))
946,000
Special Grass Seed Burning Research Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 132,000
Reclamation Revolving Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((1,696,000))
2,096,000
Emergency Water Project Revolving Account
Appropriation: Appropriation pursuant to
chapter 1, Laws of 1977 ex.s.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 312,000
Litter Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 6,388,000
State and Local Improvements Revolving Account--
Waste Disposal Facilities: Appropriation
pursuant to chapter 127, Laws of 1972
ex.s. (Referendum 26). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,680,000))
2,632,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((42,000))
172,000
State and Local Improvements Revolving Account--
Water Supply Facilities: Appropriation pursuant
to chapter 234, Laws of 1979 ex.s.
(Referendum 38). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,349,000
Stream Gaging Basic Data Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((303,000))
221,000
Vehicle Tire Recycling Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((7,832,000))
9,782,000
Water Quality Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((2,700,000))
2,651,000
Wood Stove Education Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((1,382,000))
1,297,000
Worker and Community Right-to-Know Fund
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 410,000
State Toxics Control Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((55,242,000))
54,147,000
Local Toxics Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((3,314,000))
3,207,000
Water Quality Permit Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,714,000
Solid Waste Management Account Appropriation. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 11,463,000
Underground Storage Tank Account Appropriation. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((2,970,000))
2,835,000
Hazardous Waste Assistance Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,112,000
Air Pollution Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((14,217,000))
13,841,000
Oil Spill Response Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ ((7,256,000))
7,060,000
Oil Spill Administration Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((3,738,000))
3,526,000
Fresh Water Aquatic Weed Control Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((1,686,000))
1,978,000
Air Operating Permit Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 4,566,000
Water Pollution Control Revolving Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((196,000))
177,000
Water Pollution Control Revolving Account--Federal
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,034,000
Public Works Assistance Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 4,000,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((261,523,000))
261,800,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $6,222,000 of the general fund--state appropriation and $1,071,000 of the general fund--federal appropriation are provided for the implementation of the Puget Sound water quality management plan.
(2) $7,800,000 of the general fund--state appropriation is provided solely for the auto emissions inspection and maintenance program. Expenditure of the amount provided in this subsection is contingent upon a like amount being deposited in the general fund from auto emission inspection fees in accordance with RCW 70.120.170(4).
(3) $400,000 of the general fund--state appropriation is provided solely for water resource management activities associated with the continued implementation of the regional pilot projects started in the 1991-93 biennium.
(4) $3,100,000 of the state toxics control account appropriation is provided solely for the following purposes:
(a) To conduct remedial actions for sites for which there are no potentially liable persons or for which potentially liable persons cannot be found;
(b) To provide funding to assist potentially liable persons under RCW 70.105D.070(2)(d)(xi) to pay for the cost of the remedial actions; and
(c) To conduct remedial actions for sites for which potentially liable persons have refused to comply with the orders issued by the department under RCW 70.105D.030 requiring the persons to provide the remedial action.
(5) $4,566,000 of the air operating permit fee account appropriation and $642,000 of the air pollution control account appropriation are provided solely to implement Engrossed Substitute House Bill No. 1089, reauthorizing air operating permits. If Engrossed Substitute House Bill No. 1089 is not enacted by June 30, 1993, $4,566,000 of the air operating permit fee account appropriation and $642,000 of the air pollution control account appropriation shall lapse.
(6) Of the solid waste management account appropriation, $6,100,000 is provided solely for grants to local governments to implement waste reduction and recycling programs, $75,000 is provided solely for grants to local governments for costs related to contaminated oil collected from publicly used oil collection facilities, and $40,000 is provided solely for school recycling awards. If Second Substitute Senate Bill No. 5288 is not enacted by June 30, 1993, $10,200,000 of the solid waste management account appropriation and the amounts provided in this subsection shall lapse.
(7) $2,000,000 of the general fund--state appropriation is provided solely for the continued implementation of the water resources data management system.
(8) For fiscal year 1994, $3,750,000 of the general fund--state appropriation is provided to administer the water rights permit program. For fiscal year 1995, not more than $1,375,000 of the general fund--state appropriation may be expended for the program unless legislation to increase fees to fund at least fifty percent of the full cost of the water rights permit program, including data management, is enacted by June 30, 1994.
(9) $1,175,000 of the reclamation revolving account appropriation is provided solely for the administration of the well drilling program. If House Bill No. 1806 is not enacted by June 30, 1993, the amount provided in this subsection shall lapse.
(10) The department of ecology shall cooperate with the department of community development and shall carry out its responsibility under the federally required April 20, 1992, flood hazard reduction mitigation plan. Specifically, the department shall implement the duties outlined in the flood reduction matrix dated December 18, 1992, or as amended by federal requirements, in consultation with the office of financial management.
(11) $((3,250,000)) 2,500,000 of the general fund--state appropriation is provided for funding labor-intensive environmental restoration projects, including projects using the Washington conservation corps. In awarding grant contracts, the department shall give priority to projects which implement watershed action plans. If the governor convenes an environmental restoration task force, then projects funded from the amount provided in this subsection shall be subject to review by the task force.
(12) $256,000 of the general fund--state appropriation is provided to identify and designate regional water resource planning areas in the central Puget Sound region and to prepare one or more comprehensive water resource plans for the designated area or areas. To assist in preparing the report, the department shall assemble representatives from state agencies, local governments and tribal governments. The report shall identify suggested boundaries, water resource issues relevant to each planning area, and public and private groups having specific interests in the region's water resource issues. The report shall be provided to the governor and the appropriate committees of the legislature by March 15, 1994. Within 90 days thereafter, the governor shall direct the development of a comprehensive water resources plan or plans required by RCW 90.54.040(1). Any amount of this appropriation in excess of $156,000 shall not be expended unless matched by an equal amount from utilities and local governments.
(13) $238,000 of the water quality permit account appropriation is provided solely for implementation of Substitute House Bill No. 1169 (marine finfish). If Substitute House Bill No. 1169 is not enacted by June 30, 1993, the amount provided in this subsection shall lapse.
(14) Within the appropriations provided in this section, sufficient funds are provided to implement sections 8 through 15 of Second Engrossed Substitute House Bill No. 1309 (wild salmonids).
(15) Pursuant to RCW 43.135.055, the department is authorized to increase water well operators' fees under chapter 18.104 RCW, by rule, to an amount not to exceed two hundred fifty dollars for a two-year period.
(16) Pursuant to RCW 43.135.055, the department is authorized to increase site use permit fees under RCW 43.200.080, by rule, to an amount sufficient to recover up to $143,000 in costs associated with the Northwest interstate compact on low-level radioactive waste management.
(17) $100,000 of the public works assistance account is provided solely for technical analysis and coordination with the army corps of engineers and local agencies to address the breach in the south jetty at the entrance of Grays Harbor.
Sec. 304. 1993 sp.s. c 24 s 304 (uncodified) is amended to read as follows:
FOR THE WASHINGTON POLLUTION LIABILITY REINSURANCE PROGRAM
Pollution Liability Insurance Trust Program. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ ((906,000))
903,000
Sec. 305. 1993 sp.s. c 24 s 305 (uncodified) is amended to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((54,130,000))
68,938,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 1,948,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,280,000
Winter Recreation Program Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 879,000
ORV (Off-Road Vehicle) Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 242,000
Snowmobile Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((1,636,000))
1,886,000
Public Safety and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 48,000
Litter Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 34,000
Motor Vehicle Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 1,174,000
Oil Spill Administration Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((64,000))
48,000
Aquatic Lands Enhancement Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 316,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((61,751,000))
76,793,000
The appropriations in this section are subject to the following conditions and limitations:
(((2) $7,700,000 of the general fund--state appropriation is provided contingent upon the adoption and implementation of a fee schedule by the state parks and recreation commission that provides a like amount of revenue above the 1993-95 forecast for fees authorized under RCW 43.51.060(6) for fees in place as of January 1, 1993. Fees shall be based on the extent to which a facility is developed and maintained for year-round use. Maximum boat launch fees shall be assessed only at water access facilities where bathrooms, parking areas, and docking facilities are provided and maintained on a regular basis. Reduced fees may be assessed at water access facilities that are unimproved. Seasonal day area parking fees shall not be assessed. This subsection shall not preclude the assessment of a flat annual fee for use of all water access facilities and other state park facilities throughout the state)) (1) The state parks and recreation commission is directed to implement fees that provide at least $3,000,000 of additional revenue for the 1993-95 biennium above that generated under the currently adopted fees. Seasonal day area parking fees shall not be assessed.
(((3))) (2) $2,824,000 of the general fund--state appropriation is provided solely to address stewardship needs for state parks. Of this amount, $1,800,000 is provided solely for the Washington conservation corps program established under chapter 43.220 RCW.
(3) The state parks and recreation commission is authorized to raise existing fees in excess of the fiscal growth factor established by Initiative Measure No. 601 in order to meet revenue targets assumed in subsection (1) of this section.
(4) $189,000 of the aquatic lands enhancement account appropriation is provided solely to implement the Puget Sound water quality plan.
(5) $15,000,000 of the general fund--state appropriation is provided solely to acquire trust lands that have been identified in section 459(1)(a), chapter 22, Laws of 1993 sp. sess. All provisions and conditions of section 459, chapter 22, Laws of 1993 sp. sess., as amended, shall apply to expenditure of this amount.
(6) $60,000 of the general fund--state appropriation is provided solely for the implementation and development of the state scenic rivers program.
Sec. 306. 1993 sp.s. c 24 s 306 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Outdoor Recreation Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,541,000
Outdoor Recreation Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((34,000))
50,000
Firearms Range Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 25,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((2,600,000))
2,616,000
Sec. 307. 1993 sp.s. c 24 s 307 (uncodified) is amended to read as follows:
FOR THE ENVIRONMENTAL HEARINGS OFFICE
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((1,205,000))
1,361,000
((The appropriation in this section is subject to the following conditions and limitations: $30,000 is provided solely for the increased costs associated with a half-time administrative law judge.))
Sec. 308. 1993 sp.s. c 24 s 309 (uncodified) is amended to read as follows:
FOR THE CONSERVATION COMMISSION
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((1,670,000))
1,611,000
Water Quality Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 202,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((1,872,000))
1,863,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Not more than eight percent of the water quality account moneys administered by the commission may be used by the commission for administration and program activities related to the grant and loan program.
(2) $((371,800)) 362,000 of the general fund appropriation is provided solely to implement the Puget Sound water quality management plan.
(3) $750,000 of the general fund appropriation is provided solely for basic operation grants to conservation districts.
(4) $158,000 of the general fund appropriation is provided solely for implementing Engrossed Substitute House Bill No. 1309 (wild salmonid protection).
Sec. 309. 1993 sp.s. c 24 s 310 (uncodified) is amended to read as follows:
FOR THE PUGET SOUND WATER QUALITY AUTHORITY
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((3,059,000))
2,996,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((202,000))
198,000
Water Quality Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((946,000))
927,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((4,207,000))
4,121,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $((320,000)) 313,600 of the general fund--state appropriation is provided solely for an interagency agreement with Washington State University cooperative extension service for field agents to provide technical assistance in implementing the Puget Sound water quality management plan.
(2) $((232,000)) 227,000 of the general fund--state appropriation is provided solely for an interagency agreement with the University of Washington sea grant program for field agents to provide technical assistance in implementing the Puget Sound water quality management plan.
(3) In addition to the amounts provided in subsections (1) and (2) of this section, $681,000 of the general fund--state appropriation is provided solely to implement additional provisions of the Puget Sound water quality management plan.
Sec. 310. 1993 sp.s. c 24 s 311 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF FISHERIES
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((55,740,000))
55,767,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 25,048,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 9,609,000
Aquatic Lands Enhancement Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((4,092,000))
4,269,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 28,000
Oil Spill Administration Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 388,000
Recreational Fish Enhancement--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((4,049,000))
3,749,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((98,926,000))
98,864,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $((1,136,418)) 1,049,410 of the general fund--state appropriation is provided to implement the Puget Sound water quality management plan.
(2) $1,441,000 of the aquatic lands enhancement account appropriation is provided solely for wildstock restoration programs for salmon species outside of the Columbia river basin. Work will include the development, implementation and evaluation of specific stock restoration plans. The department of fisheries shall provide a progress report to the governor and appropriate legislative committees by September 6, 1994.
(3) $((546,000)) 723,000 of the aquatic lands enhancement account appropriation is provided solely for shellfish management and enforcement.
(4) $200,000 of the general fund--state appropriation is provided solely for attorney general costs on behalf of the department of fisheries in defending the state and public interest in tribal halibut litigation (United States v. Washington subproceeding 91-1 and Makah v. Mosbacher). The attorney general costs shall be paid as an interagency reimbursement.
(5) $((450,000)) 689,000 of the general fund--state appropriation is provided solely for attorney general costs on behalf of the department of fisheries, department of natural resources, department of health, and the state parks and recreation commission in defending the state and public interest in tribal shellfish litigation (United States v. Washington, subproceeding 89-3). The attorney general costs shall be paid as an interagency reimbursement.
(6) The department of fisheries shall cooperate with the department of community development and shall carry out its responsibilities under the federally required April 20, 1992, flood hazard reduction mitigation plan. Specifically, the department shall implement the duties outlined in the flood reduction matrix dated December 18, 1992, or as amended by federal requirement, in consultation with the office of financial management.
(7) Within the appropriations provided in this section, sufficient funds are provided to implement sections 1 through 6 of Second Engrossed Substitute House Bill No. 1309 (wild salmonids).
(8) $3,200,000 of the general fund--state appropriation is contingent upon the enactment of Substitute Senate Bill No. 5980 (fishing licenses). If Substitute Senate Bill 5980 is not enacted by June 30, 1993, $3,200,000 of the general fund--state appropriation shall lapse.
(9) $115,000 of the general fund--state appropriation is provided solely to maintain the south Puget Sound net pen facility.
Sec. 311. 1993 sp.s. c 24 s 312 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF WILDLIFE
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((10,226,000))
10,021,000
ORV (Off-Road Vehicle) Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 480,000
Aquatic Lands Enhancement Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,112,000
Public Safety and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 590,000
Wildlife Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 50,723,000
Wildlife Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 32,101,000
Wildlife Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 12,402,000
Game Special Wildlife Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,012,000
Oil Spill Administration Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((548,000))
520,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((109,194,000))
108,961,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $482,145 of the general fund appropriation is provided to implement the Puget Sound water quality management plan.
(2) The department of wildlife shall cooperate with the department of community development and shall carry out its responsibilities under the federally required April 20, 1992, flood hazard reduction mitigation plan. Specifically, the department shall implement the duties outlined in the flood reduction matrix dated December 18, 1992, or as amended by federal requirement, in consultation with the office of financial management.
(3) $((1,000,000)) 920,000 of the general fund appropriation is provided solely to address stewardship needs on state lands. Of this amount, $((900,000)) 820,000 is provided for the Washington conservation corps program established under chapter 43.220 RCW.
(4) $140,000 of the general fund appropriation is provided for a cooperative effort with the department of agriculture for research and eradication of purple loosestrife on state lands.
Sec. 312. 1993 sp.s. c 24 s 313 (uncodified) is amended to read as follows:
DEPARTMENT OF FISH AND WILDLIFE. On July 1, 1994, all appropriations and all conditions and limitations in this act for the department of fisheries and the department of wildlife shall be provided for the department of fish and wildlife. ((If Substitute House Bill No. 2055 or substantially similar legislation creating a department of fish and wildlife is not enacted by July 1, 1994, this section shall have no effect.)) If either House Bill No. 2678 or Senate Bill No. 6346 or substantially similar legislation is enacted by the 1994 session of the legislature, then all appropriations and all conditions and limitations in this act for the department of fisheries and the department of wildlife shall be provided for the department of fish and wildlife on the date specified for the merger of the two departments in that legislation.
Sec. 313. 1993 sp.s. c 24 s 314 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF NATURAL RESOURCES
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((49,394,000))
46,939,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 906,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 264,000
ORV (Off-Road Vehicle) Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,092,000
Forest Development Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((37,652,000))
37,614,000
Survey and Maps Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 1,519,000
Aquatic Lands Enhancement Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,524,000
Surface Mining Reclamation Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,271,000
Resource Management Cost Account Appropriation. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((82,107,000))
81,990,000
Aquatic Land Dredged Material Disposal Site
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((830,000))
738,000
Air Pollution Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((1,252,000))
852,000
Natural Resources Conservation Areas Stewardship
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,119,000
Oil Spill Administration Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((130,000))
65,000
Litter Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 506,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((98,000))
76,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((182,664,000))
179,475,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $((8,072,000)) 7,072,000 of the general fund--state appropriation is provided solely for the emergency fire suppression subprogram.
(2) $993,000 of the appropriations in this section are provided to implement the Puget Sound water quality management plan.
(3) $((500,000)) 450,000 of the general fund--state appropriation and $((1,000,000)) 900,000 of the resource management cost account appropriation are provided solely for the displaced forest-products worker program under chapter 50.70 RCW.
(4) $((1,500,000)) 1,400,000 of the general fund--state appropriation is provided solely to address stewardship needs on state lands. Of this amount, $((1,350,000)) 1,250,000 shall be expended for the Washington conservation corps program established under chapter 43.220 RCW.
(5) $1,271,000 of the surface mining reclamation account is provided solely for surface mining regulation activities.
(6) $1,200,000 of the general fund--state appropriation is provided solely for cooperative monitoring, evaluation, and research projects related to implementation of the timber-fish-wildlife agreement.
(7) $((3,250,000)) 2,000,000 of the general fund--state appropriation is provided solely to fund labor-intensive natural resource and forest restoration projects. In providing forest related employment opportunities, the department shall give first priority to hiring workers unemployed as a result of reduced timber supply. If the governor convenes an environmental restoration task force, then projects funded from the amount provided in this subsection shall be subject to review by the task force.
(8) The department of natural resources shall cooperate with the department of community development and shall carry out its responsibilities under the federally required April 20, 1992, flood hazard reduction mitigation plan. Specifically, the department shall implement the duties outlined in the flood reduction matrix dated December 18, 1992, or as amended by federal requirement, in consultation with the office of financial management.
(9) $60,000 of the general fund--state appropriation is provided solely for the department to contract for increased development of the Mount Tahoma cross-country ski trails system.
(10) $450,000, of which $225,000 is from the resource management cost account appropriation and $225,000 is from the aquatic lands enhancement account appropriation, is provided solely for the control and eradication of Spartina.
(11) $1,555,000 of the general fund--state appropriation is provided solely for increased workload associated with forest practice compliance and watershed management.
Sec. 314. 1993 sp.s. c 24 s 315 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF AGRICULTURE
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((13,462,000))
13,823,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((4,320,000))
4,186,000
State Toxics Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,103,000
Weights and Measures Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((864,000))
892,000
State Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 74,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((19,749,000))
20,078,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $71,000 of the general fund--state appropriation is provided solely to implement the Puget Sound water quality management plan element NP-6. The department shall provide technical assistance to local governments in the process of developing watershed management plans.
(2) $300,000 of the general fund--state appropriation and the entire weights and measures account appropriation are provided solely for the department's weights and measures program.
(3) $393,000 of the general fund--state appropriation is provided solely to promote international trade.
Sec. 315. 1993 sp.s. c 24 s 317 (uncodified) is amended to read as follows:
FOR THE OFFICE OF MARINE SAFETY
Oil Spill Administration Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((4,198,000))
3,992,000
State Toxics Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 298,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((4,496,000))
4,290,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $963,000 of the oil spill administration account appropriation is provided solely for the implementation of a field operations program in accordance with Substitute House Bill No. 1144. The marine oversight board shall provide an assessment of the work plan to implement the office of marine safety's field operations program. A report containing the marine oversight board's assessment of the field operations program, including recommendations for the allocation of resources, shall be submitted to the office of financial management, the office of marine safety, and appropriate committees of the legislature by August 1, 1993.
(2) ((The marine oversight board shall prepare a report that prioritizes state agencies' spill prevention and response activities on the marine waters of the state. The report shall be submitted to the office of financial management and the appropriate committees of the legislature by October 1, 1994.)) $224,000 of the oil spill administration account appropriation is provided solely for the implementation of a field operations program on the Columbia river. This funding level assumes that the state of Oregon will provide office space and other forms of in-kind support.
(3) $153,000 of the oil spill administration account appropriation is provided solely for the marine oversight board. After July 1, 1994, funding provided in this subsection is for meeting related costs only.
PART IV
TRANSPORTATION
Sec. 401. 1993 sp.s. c 24 s 401 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF LICENSING
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((6,536,000))
7,225,000
Architects' License Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((1,040,000))
1,063,000
Cemetery Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . $ ((216,000))
198,000
((Health Professions Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 521,000))
Funeral Directors and Embalmers Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((521,000))
482,000
((Mortgage Broker Licensing Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 187,000))
Professional Engineers' Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((2,509,000))
2,545,000
Real Estate Commission Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((7,155,000))
6,956,000
Uniform Commercial Code Account Appropriation. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((5,246,000))
5,785,000
Real Estate Education Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 618,000
Master Licensing Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ ((6,747,000))
6,266,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((30,755,000))
31,138,000
The appropriations in this section are subject to the following conditions and limitations:
(1) If House Bill No. 2119 (professional athletic commission) is not enacted by June 30, 1993, the general fund appropriation shall be reduced by $54,000.
(2) $33,000 of the uniform commercial code account appropriation is provided solely to implement revisions to the uniform commercial code article governing bulk sales. If Substitute House Bill No. 1013 is not enacted by June 30, 1993, $33,000 of the uniform commercial code account appropriation shall lapse.
(3) $9,000 of the general fund appropriation is provided solely to implement registration of employment listing agencies. If Engrossed Substitute House Bill No. 1496 is not enacted by June 30, 1993, $9,000 of the general fund appropriation shall lapse.
(4) $87,000 of the general fund appropriation is provided solely to implement bail bond agent licensing. If Substitute House Bill No. 1870 is not enacted by June 30, 1993, $87,000 of the general fund appropriation shall lapse.
(5) ((If Substitute Senate Bill No. 5026 is not enacted by June 30, 1993, the entire funeral directors and embalmers account appropriation is null and void. If Substitute Senate Bill No. 5026 is enacted by June 30, 1993, the entire health professions account appropriation is null and void.
(6))) $47,000 of the architects' license account appropriation is provided solely for implementing revised architect experience requirements. If Engrossed Senate Bill No. 5545 is not enacted by June 30, 1993, $47,000 of the architects' license account appropriation shall lapse.
(((7) $187,000 of the mortgage broker licensing account appropriation is provided solely to implement a temporary licensing program for mortgage brokers. If Substitute Senate Bill No. 5829 is not enacted by June 30, 1993, $187,000 of the mortgage broker licensing account appropriation shall lapse.))
Sec. 402. 1993 sp.s. c 24 s 402 (uncodified) is amended to read as follows:
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((14,223,000))
14,280,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 1,037,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 184,000
Death Investigations Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,000
Public Safety and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,000,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 28,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((16,468,000))
16,553,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $((802,000)) 602,000 of the general fund--state appropriation is provided solely for the lease purchased upgrade and capacity increase of the Automated Fingerprint Identification System subject to office of financial management approval of a completed feasibility study. The feasibility study will include: The steps and costs required to achieve interoperability with local government fingerprint systems, compliance with the proposed federal bureau of investigation fingerprint standards, a discussion of the issues and costs associated with the potential adoption of "live scan" technology as they relate to the proposed upgrade, the interruption of service that may occur during conversion to the proposed new system, and the long term stability of maintenance contract charges.
(2) $185,000 of the general fund--state appropriation is provided solely for additional costs associated with the provision of secure transportation of participants in the Asian Pacific Economic Conference held in Seattle during November 1993. The agency shall pursue federal reimbursement for the costs incurred during the conference. Should federal reimbursement be received for conference security costs, the agency shall revert a like amount to the general fund--state.
(3) The agency shall assist the Washington criminal justice training commission in developing a written model policy on vehicular pursuits, as provided in section 221 of this act.
PART V
EDUCATION
Sec. 501. 1993 sp.s. c 24 s 501 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR STATE ADMINISTRATION
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((34,414,000))
36,333,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 33,106,000
Public Safety and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 338,000
Drug Enforcement and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 3,197,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((71,055,000))
72,974,000
The appropriations in this section are subject to the following conditions and limitations:
(1) AGENCY OPERATIONS
(a) $304,000 of the general fund--state appropriation is provided solely to upgrade the student data collection capability of the superintendent of public instruction.
(b) $423,000 of the general fund--state appropriation is provided solely for certification investigation activities of the office of professional practices.
(c) $((770,000)) 830,000 of the general fund--state appropriation is provided solely for the operation and expenses of the state board of education, including basic education assistance activities.
(((e))) (d) The entire public safety and education account appropriation is provided solely for administration of the traffic safety education program, including in-service training related to instruction in the risks of driving while under the influence of alcohol and other drugs.
(((f))) (e) $10,000 of the general fund--state appropriation is provided solely for a contract through the Washington State Institute for Public Policy at The Evergreen State College for a bilingual education conference to disseminate information on best practices in bilingual instruction, including model programs from other states, and to develop strategies for incorporating the most effective instructional methods into the state's bilingual curriculum.
(f) The superintendent of public instruction shall provide staffing and research assistance as appropriate to fiscal studies initiated by the legislature including special education, the enhancement of kindergarten through grade three programs, and inservice education.
(2) STATE-WIDE PROGRAMS
(a) $100,000 of the general fund--state appropriation is provided for state-wide curriculum development.
(b) $((62,000)) 93,000 of the general fund--state appropriation is provided for operation of a K-2 education program at Pt. Roberts by the Blaine school district.
(c) $2,415,000 of the general fund--state appropriation is provided for in-service training and educational programs conducted by the Pacific science center.
(d) $70,000 of the general fund--state appropriation is provided for operation of the Cispus environmental learning center.
(e) $2,949,000 of the general fund--state appropriation is provided for educational clinics, including state support activities.
(f) $3,437,000 of the general fund--state appropriation is provided for grants for magnet schools to be distributed as recommended by the superintendent of public instruction pursuant to chapter 232, section 516(13), Laws of 1992.
(g) $4,855,000 of the general fund--state appropriation is provided for complex need grants. Grants shall be provided according to funding ratios established in LEAP Document 30B as developed on May 4, 1993, at 11:00 a.m.
(h) $3,050,000 of the drug enforcement and education account appropriation is provided solely for matching grants to enhance security in secondary schools. Not more than seventy-five percent of a district's total expenditures for school security in any school year may be paid from a grant under this subsection. The grants shall be expended solely for the costs of employing or contracting for building security monitors in secondary schools during school hours and school events. Of the amount provided in this subsection, at least $2,850,000 shall be spent for grants to districts that, during the 1988-89 school year, employed or contracted for security monitors in schools during school hours. However, these grants may be used only for increases in school district expenditures for school security over expenditure levels for the 1988-89 school year.
(i) Districts receiving allocations from subsection (2) (f) and (g) of this section shall submit an annual report to the superintendent of public instruction on the use of all district resources to address the educational needs of at-risk students in each school building.
(j) $1,400,000 of the general fund--state appropriation is provided solely for start-up costs related to work transition education under sections 207 and 208 of Second Substitute House Bill No. 2319 (violence prevention). If Second Substitute House Bill No. 2319 is not enacted by June 30, 1994, the amount provided in this subsection shall lapse.
(k) $403,000 of the general fund--state appropriation is provided solely to implement section 4 of Engrossed Second Substitute House Bill No. 2798 (public assistance reform).
(l) $25,000 of the general fund--state appropriation is provided solely for allocation to the Washington state holocaust education resource center for the purpose of reproducing the videotape and teachers guide, "Never Again, I Hope: The Holocaust", developed by the surviving generations of the holocaust oral history project.
Sec. 502. 1993 sp.s. c 24 s 502 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR GENERAL APPORTIONMENT (BASIC EDUCATION)
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((6,019,646,000))
6,006,768,000
The appropriation in this section is subject to the following conditions and limitations:
(1) The general fund appropriation includes such funds as are necessary for the remaining months of the 1992-93 school year.
(2) Allocations for certificated staff salaries for the 1993-94 and 1994-95 school years shall be determined using formula-generated staff units calculated pursuant to this subsection. Staff allocations for small school enrollments in grades K-6 shall be the greater of that generated under (a) of this subsection, or under (d) and (e) of this subsection. Certificated staffing allocations shall be as follows:
(a) On the basis of each 1,000 average annual full time equivalent enrollments, excluding full time equivalent enrollment otherwise recognized for certificated staff unit allocations under (c) through (f) of this subsection:
(i) Four certificated administrative staff units for grades K-12, excluding full time equivalent handicapped enrollment recognized for funding purposes under section 507 of this act;
(ii) 49 certificated instructional staff units, as required in RCW 28A.150.260(2)(b), for grades K-3, excluding full time equivalent handicapped students ages six through eight;
(iii) An additional 5.3 certificated instructional staff units for grades K-3;
(A) Funds provided under this subsection (2)(a)(iii) in excess of the amount required to maintain the statutory minimum ratio established under RCW 28A.150.260(2)(b) shall be allocated only if the district documents an actual ratio equal to or greater than 54.3 certificated instructional staff per thousand full time equivalent students in grades K-3. For any school district documenting a lower certificated instructional staff ratio, the allocation shall be based on the district's actual grades K-3 certificated instructional staff ratio achieved in that school year, or the statutory minimum ratio established under RCW 28A.150.260(2)(b), if greater.
(B) Districts at or above 51.0 certificated instructional staff per one thousand full time equivalent students in grades K-3 may dedicate up to 1.3 of the 54.3 funding ratio to employ additional classified instructional assistants assigned to basic education classrooms in grades K-3. For purposes of documenting a district's staff ratio under this section, funds used by the district to employ additional classified instructional assistants shall be converted to a certificated staff equivalent and added to the district's actual certificated instructional staff ratio. Additional classified instructional assistants, for the purposes of this subsection, shall be determined using the 1989-90 school year as the base year.
(C) Any district maintaining a ratio equal to or greater than 54.3 certificated instructional staff per thousand full time equivalent students in grades K-3 may use allocations generated under this subsection (2)(a)(iii) in excess of that required to maintain the minimum ratio established under RCW 28A.150.260(2)(b) to employ additional basic education certificated instructional staff or classified instructional assistants in grades 4-6. Funds allocated under this subsection (2)(a)(iii) shall only be expended to reduce class size in grades K-6. No more than 1.3 of the certificated instructional funding ratio amount may be expended for provision of classified instructional assistants; and
(iv) Forty-six certificated instructional staff units for grades 4-12, excluding full time equivalent handicapped students ages nine and above; and
(b) For school districts with a minimum enrollment of 250 full time equivalent students whose full time equivalent student enrollment count in a given month exceeds the first of the month full time equivalent enrollment count by 5 percent, an additional state allocation of 110 percent of the share that such increased enrollment would have generated had such additional full time equivalent students been included in the normal enrollment count for that particular month;
(c) On the basis of full time equivalent enrollment in vocational education programs and skill center programs approved by the superintendent of public instruction, 0.92 certificated instructional staff units and 0.08 certificated administrative staff units for each 16.67 full time equivalent vocational students;
(d) For districts enrolling not more than twenty-five average annual full time equivalent students in grades K-8, and for small school plants within any school district which have been judged to be remote and necessary by the state board of education and enroll not more than twenty-five average annual full time equivalent students in grades K-8:
(i) For those enrolling no students in grades seven and eight, 1.76 certificated instructional staff units and 0.24 certificated administrative staff units for enrollment of not more than five students, plus one-twentieth of a certificated instructional staff unit for each additional student enrolled; and
(ii) For those enrolling students in grades 7 or 8, 1.68 certificated instructional staff units and 0.32 certificated administrative staff units for enrollment of not more than five students, plus one-tenth of a certificated instructional staff unit for each additional student enrolled.
(e) For specified enrollments in districts enrolling more than twenty-five but not more than one hundred average annual full time equivalent students in grades K-8, and for small school plants within any school district which enroll more than twenty-five average annual full time equivalent students in grades K-8 and have been judged to be remote and necessary by the state board of education:
(i) For enrollment of up to sixty annual average full time equivalent students in grades K-6, 2.76 certificated instructional staff units and 0.24 certificated administrative staff units; and
(ii) For enrollment of up to twenty annual average full time equivalent students in grades 7 and 8, 0.92 certificated instructional staff units and 0.08 certificated administrative staff units.
(f) For districts operating no more than two high schools with enrollments of less than three hundred average annual full time equivalent students, for enrollment in grades 9-12 in each such school, other than alternative schools:
(i) For remote and necessary schools enrolling students in any grades 9-12 but no more than twenty-five average annual full time equivalent students in grades K-12, four and one-half certificated instructional staff units and one-quarter of a certificated administrative staff unit;
(ii) For all other small high schools under this subsection, nine certificated instructional staff units and one-half of a certificated administrative staff unit for the first sixty average annual full time equivalent students, and additional staff units based on a ratio of 0.8732 certificated instructional staff units and 0.1268 certificated administrative staff units per each additional forty-three and one-half average annual full time equivalent students.
Units calculated under (f)(ii) of this subsection shall be reduced by certificated staff units at the rate of forty-six certificated instructional staff units and four certificated administrative staff units per thousand vocational and handicapped full time equivalent students.
(g) For each nonhigh school district having an enrollment of more than seventy annual average full time equivalent students and less than one hundred eighty students, operating a grades K-8 program or a grades 1-8 program, an additional one-half of a certificated instructional staff unit;
(h) For each nonhigh school district having an enrollment of more than fifty annual average full time equivalent students and less than one hundred eighty students, operating a grades K-6 program or a grades 1-6 program, an additional one-half of a certificated instructional staff unit.
(3) Allocations for classified salaries for the 1993-94 and 1994-95 school years shall be calculated using formula-generated classified staff units determined as follows:
(a) For enrollments generating certificated staff unit allocations under subsection (2) (d) through (h) of this section, one classified staff unit for each three certificated staff units allocated under such subsections.
(b) For all other enrollment in grades K-12, including vocational but excluding handicapped full time equivalent enrollments, one classified staff unit for each sixty average annual full time equivalent students.
(c) For each nonhigh school district with an enrollment of more than fifty annual average full time equivalent students and less than one hundred eighty students, an additional one-half of a classified staff unit.
(4) Fringe benefit allocations shall be calculated at a rate of 21.29 percent in the 1993-94 school year and 21.29 percent in the 1994-95 school year of certificated salary allocations provided under subsection (2) of this section, and a rate of 18.73 percent in the 1993-94 school year and 18.73 percent in the 1994-95 school year of classified salary allocations provided under subsection (3) of this section.
(5) Insurance benefit allocations shall be calculated at the rates specified in section 504 of this act, based on:
(a) The number of certificated staff units determined in subsection (2) of this section; and
(b) The number of classified staff units determined in subsection (3) of this section multiplied by 1.152. This factor is intended to adjust allocations so that, for the purposes of distributing insurance benefits, full time equivalent classified employees may be calculated on the basis of 1440 hours of work per year, with no individual employee counted as more than one full time equivalent.
(6)(a) For nonemployee-related costs associated with each certificated staff unit allocated under subsection (2) (a), (b), and (d) through (h) of this section, there shall be provided a maximum of $7,251 per certificated staff unit in the 1993-94 school year and a maximum of (($7,468)) $7,439 per certificated staff unit in the 1994-95 school year.
(b) For nonemployee-related costs associated with each certificated staff unit allocated under subsection (2)(c) of this section, there shall be provided a maximum of $13,817 per certificated staff unit in the 1993-94 school year and a maximum of (($14,231)) $14,176 per certificated staff unit in the 1994-95 school year.
(7) Allocations for substitute costs for classroom teachers shall be distributed at a maximum rate of $341 for the 1993-94 school year and $341 per year for the 1994-95 school year for allocated classroom teachers. Solely for the purposes of this subsection, allocated classroom teachers shall be equal to the number of certificated instructional staff units allocated under subsection (2) of this section, multiplied by the ratio between the number of actual basic education certificated teachers and the number of actual basic education certificated instructional staff reported state-wide for the 1992-93 school year.
(8) Any school district board of directors may petition the superintendent of public instruction by submission of a resolution adopted in a public meeting to reduce or delay any portion of its basic education allocation for any school year. The superintendent of public instruction shall approve such reduction or delay if it does not impair the district's financial condition. Any delay shall not be for more than two school years. Any reduction or delay shall have no impact on levy authority pursuant to RCW 84.52.0531 and local effort assistance pursuant to chapter 28A.500 RCW.
(9) The superintendent may distribute a maximum of (($4,945,000)) $4,953,000 outside the basic education formula during fiscal years 1994 and 1995 as follows:
(a) For fire protection for school districts located in a fire protection district as now or hereafter established pursuant to chapter 52.04 RCW, a maximum of $409,000 may be expended in fiscal year 1994 and a maximum of (($410,000)) $419,000 may be expended in fiscal year 1995.
(b) For summer vocational programs at skills centers, a maximum of $1,905,000 may be expended in fiscal year 1994 and a maximum of $1,924,000 may be expended in fiscal year 1995.
(c) A maximum of (($297,000)) $296,000 may be expended for school district emergencies.
(10) The superintendent shall distribute a maximum of $18,000,000 for the purchase of equipment and educational materials to improve the learning of all students through the use of technology. The superintendent shall apportion funds to school districts on a per student basis except that each skill center shall receive $40,000 instead of a per student allocation from participating school districts. The superintendent shall convene the Washington state education technology advisory committee to establish guidelines for purchases by school sites that are consistent with the objectives of education reform and recommendations of the interim report to the legislature on the Washington state technology plan for K-12 common schools. To the extent items are purchased from the appropriation in this subsection, school sites shall follow the guidelines established by the technology advisory committee. The expenditure of funds shall be determined at each school site by building staff, parents, and the community where site-based decision-making has been adopted or, where not adopted, by the building staff including itinerant teachers. No expenditures shall be for indirect or administrative costs. These funds do not fall within the definition of basic education under Article IX of the State Constitution.
(11) For the purposes of RCW 84.52.0531, the increase per full time equivalent student in state basic education appropriations provided under this act, including appropriations for salary and benefits increases, is 1.0 percent from the 1992-93 school year to the 1993-94 school year, and 1.0 percent from the 1993-94 school year to the 1994-95 school year.
(((11))) (12) If two or more school districts consolidate and each district was receiving additional basic education formula staff units pursuant to subsection (2) (b) through (h) of this section, the following shall apply:
(a) For three school years following consolidation, the number of basic education formula staff units shall not be less than the number of basic education formula staff units received by the districts in the school year prior to the consolidation; and
(b) For the fourth through eighth school years following consolidation, the difference between the basic education formula staff units received by the districts for the school year prior to consolidation and the basic education formula staff units after consolidation pursuant to subsection (2) (a) through (h) of this section shall be reduced in increments of twenty percent per year.
Sec. 503. 1993 sp.s. c 24 s 504 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR SCHOOL EMPLOYEE INSURANCE BENEFIT ADJUSTMENTS
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((22,570,000))
3,539,000
The appropriation in this section is subject to the following conditions and limitations:
(1) Allocations for insurance benefits from general fund appropriations provided under section 502 of this act shall be calculated at a rate of $317.79 per month for each certificated staff unit, and for each classified staff unit adjusted pursuant to section 502(5)(b) of this act.
(2) The appropriation in this section is provided solely to increase insurance benefit allocations for state-funded certificated and classified staff for the 1994-95 school year, effective October 1, 1994, to a rate of (($350.25)) $322.90 as distributed pursuant to this section. The rates specified in this section are subject to revision each year by the legislature.
(a) Effective October 1, 1994, for the 1994-95 school year, an increase of (($32.46)) $5.11 in insurance benefit allocations per month is provided for state-funded staff units in the following programs: General apportionment under section 502(5) of this act; handicapped program under section 507 of this act; educational service districts under section 509 of this act; and institutional education under section 512 of this act.
(b) The increases in insurance benefit allocations for the following categorical programs shall be calculated by increasing the annual state funding rates by the amounts specified in this subsection. Effective October 1, 1994, the maximum rate adjustments provided on an annual basis under this section for the 1994-95 school year are:
(i) For pupil transportation, an increase of (($.30)) $.05 per weighted pupil-mile for the 1994-95 school year;
(ii) For learning assistance, an increase of (($8.11)) $1.28 per pupil for the 1994-95 school year;
(iii) For education of highly capable students, an increase of (($2.06)) $.32 per pupil for the 1994-95 school year;
(iv) For transitional bilingual education, an increase of (($5.25)) $.83 per pupil for the 1994-95 school year.
Sec. 504. 1993 sp.s. c 24 s 505 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR PUPIL TRANSPORTATION
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((351,143,000))
344,886,000
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation includes such funds as are necessary for the remaining months of the 1992-93 school year.
(2) ((A maximum of $795,000 may be expended for regional transportation coordinators. However, to the extent practicable, the superintendent of public instruction shall consolidate the functions of the regional transportation coordinators and regional traffic safety education coordinators in order to increase efficiency in the delivery of services state-wide.)) A maximum of $1,072,000 may be expended for regional transportation coordinators and related activities. The transportation coordinators shall:
(a) Ensure that data submitted by school districts for state transportation funding shall, to the greatest extent practical, reflect the actual transportation activity of each district;
(b) Prepare a catalog of hazardous walking conditions submitted for state funding by each school district by category such as: Type of hazard; number of years the hazard has been submitted for reimbursement (to the extent known); potential for mitigation; entity that would be responsible for mitigation; and status of mitigation effort, if any;
(c) Regarding small schools receiving bonus units under section 502 of this act, for comparison purposes, prepare an analysis of travel times for students to contiguous school districts. The analysis shall be submitted to the office of financial management and the fiscal committees of the legislature by December 1, 1994; and
(d) Prepare an analysis of the small fleet rate contained in the state transportation allocation formula. The analysis shall be submitted to the office of financial management and the fiscal committees of the legislature by December 1, 1994.
The superintendent of public instruction shall, to the extent possible, consolidate the functions of regional transportation coordinators and regional traffic safety education coordinators in order to increase efficiency in the delivery of services state-wide.
(3) For eligible school districts, the small-fleet maintenance factor shall be funded at a rate of $1.74 in the 1993-94 school year and (($1.80)) $1.79 in the 1994-95 school year per weighted pupil-mile.
(4) $180,000 is provided solely for the transportation of students enrolled in "choice" programs. Transportation shall be limited to low-income students who are transferring to "choice" programs solely for educational reasons. The superintendent shall provide a report to the appropriate policy and fiscal committees of the legislature concerning the use of these moneys by November 1, 1993.
(5) The superintendent of public instruction shall evaluate current and alternative methods of purchasing school buses and propose the most efficient and effective method for purchasing school buses. The superintendent shall submit a report to the house appropriations committee and the senate ways and means committee by December 15, 1993. Any future proposals for purchasing school buses for schools in the state of Washington shall incorporate the most cost effective method found as a result of this evaluation.
Sec. 505. 1993 sp.s. c 24 s 507 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR HANDICAPPED EDUCATION PROGRAMS
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((867,311,000))
883,133,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((98,684,000))
85,308,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((965,995,000))
968,441,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The general fund--state appropriation includes such funds as are necessary for the remaining months of the 1992-93 school year.
(2) The superintendent of public instruction shall distribute state funds for the 1993-94 and 1994-95 school years in accordance with districts' handicapped enrollments and the allocation model established in LEAP Document 13 as developed on ((March 22, 1993, at 13:13)) January 31, 1994, at 15:30 hours, and in accordance with Substitute Senate Bill No. 5727 (Title XIX funding), if enacted.
(3) A maximum of $678,000 may be expended from the general fund--state appropriation to fund 5.43 full time equivalent teachers and 2.1 full time equivalent aides at Children's orthopedic hospital and medical center. This amount is in lieu of money provided through the home and hospital allocation and the handicapped program.
(4) $1,000,000 of the general fund--federal appropriation is provided solely for projects to provide handicapped students with appropriate job and independent living skills, including work experience where possible, to facilitate their successful transition out of the public school system. The funds provided by this subsection shall be from federal discretionary grants.
(5) The superintendent of public instruction shall distribute salary and fringe benefit allocations for state supported staff units in the handicapped education program in the same manner as is provided for basic education program staff.
Sec. 506. 1993 sp.s. c 24 s 509 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR EDUCATIONAL SERVICE DISTRICTS
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((9,891,000))
10,016,000
The appropriation in this section is subject to the following conditions and limitations:
(1) The educational service districts shall continue to furnish financial services required by the superintendent of public instruction and RCW 28A.310.190 (3) and (4).
(2) (($250,000)) $375,000 of the general fund appropriation is provided solely for student teaching centers as provided in RCW 28A.415.100.
(3) $400,000 of the general fund appropriation is provided solely to implement Substitute Senate Bill No. 5889 (collaborative development school projects). If the bill is not enacted by June 30, 1993, the amount provided in this subsection shall lapse.
(4) $400,000 in savings is assumed from implementation of the efficiency and boundary study as provided in section 521 of this act and RCW 28A.500.010.
Sec. 507. 1993 sp.s. c 24 s 512 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR INSTITUTIONAL EDUCATION PROGRAMS
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((22,869,000))
26,318,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 8,548,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((31,417,000))
34,866,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The general fund--state appropriation includes such funds as are necessary for the remaining months of the 1992-93 school year.
(2) State funding provided under this section is based on salaries and other expenditures for a 220-day school year. The superintendent of public instruction shall monitor school district expenditure plans for institutional education programs to ensure that districts plan for a full-time summer program.
(3) Average staffing ratios for each category of institution shall not exceed the rates specified in the legislative budget notes.
Sec. 508. 1993 sp.s. c 24 s 513 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR PROGRAMS FOR HIGHLY CAPABLE STUDENTS
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((8,983,000))
8,939,000
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation includes such funds as are necessary for the remaining months of the 1992-93 school year.
(2) Allocations for school district programs for highly capable students shall be distributed for up to one and one-half percent of each district's full time equivalent basic education act enrollment.
(3) $435,000 of the appropriation is for the Centrum program at Fort Worden state park.
Sec. 509. 1993 sp.s. c 24 s 515 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR TRANSITIONAL BILINGUAL PROGRAMS
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((46,940,000))
47,057,000
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation provides such funds as are necessary for the remaining months of the 1992-93 school year.
(2) The superintendent shall distribute a maximum of $628.90 per eligible bilingual student in the 1993-94 and the 1994-95 school years.
Sec. 510. 1993 sp.s. c 24 s 516 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR THE LEARNING ASSISTANCE PROGRAM
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((108,456,000))
107,913,000
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation provides such funds as are necessary for the remaining months of the 1992-93 school year.
(2) For making the calculation of the percentage of students scoring in the lowest quartile as compared with national norms, beginning with the 1991-92 school year, the superintendent shall multiply each school district's 4th and 8th grade test results by 0.86.
(3) Funding for school district learning assistance programs serving kindergarten through grade nine shall be distributed during the 1993-94 and 1994-95 school years at a maximum rate of $470 per student eligible for learning assistance programs.
(4) The superintendent of public instruction shall develop a new allocation formula as required under section 520 of this act.
Sec. 511. 1993 sp.s. c 24 s 517 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--LOCAL ENHANCEMENT FUNDS
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((47,832,000))
47,587,000
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation provides such funds as are necessary for the remaining months of the 1992-93 school year.
(2) School districts receiving moneys pursuant to this section shall expend such moneys to meet educational needs as identified by the school district. Program enhancements funded pursuant to this section do not fall within the definition of basic education for purposes of Article IX of the state Constitution and the state's funding duty thereunder, nor shall such funding constitute levy reduction funds for purposes of RCW 84.52.0531.
(3) Allocations to school districts shall be calculated on the basis of full time enrollment at an annual rate of up to $26.30 per student. For school districts enrolling not more than one hundred average annual full time equivalent students, and for small school plants within any school district designated as remote and necessary schools, the allocations shall be as follows:
(a) Enrollment of not more than 60 average annual full time equivalent students in grades kindergarten through six shall generate funding based on sixty full time equivalent students;
(b) Enrollment of not more than 20 average annual full time equivalent students in grades seven and eight shall generate funding based on twenty full time equivalent students; and
(c) Enrollment of not more than 60 average annual full time equivalent students in grades nine through twelve shall generate funding based on sixty full time equivalent students.
(4) Receipt by a school district of one-fourth of the district's allocation of funds under this section for the 1994-95 school year, as determined by the superintendent of public instruction, shall be conditioned on a finding by the superintendent that the district is enrolled as a medicaid service provider and is actively pursuing federal matching funds for medical services provided through special education programs, pursuant to Substitute Senate Bill No. 5727 (Title XIX funding). If Substitute Senate Bill No. 5727 is not enacted by June 30, 1993, the limitations imposed by this subsection shall not take effect.
Sec. 512. 1993 sp.s. c 24 s 518 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--EDUCATIONAL REFORM PROGRAMS
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((57,990,000))
76,949,000
The appropriation in this section is subject to the following conditions and limitations:
(1)(a) $23,000,000 is provided solely for resources and planning time for the 1994-95 school year for certificated staff to implement education reform under the requirements of Engrossed Substitute House Bill No. 1209 (education reform).
(b) $39,934,000 is provided for student learning improvement grants for the 1994-95 school year to implement education reform under RCW 28A.300.138. The grants shall be allocated based on the number of full time equivalent certificated staff employed in eligible schools of a district. The allocation shall not exceed $800 per full time equivalent certificated staff and shall be allocated in fiscal year 1995, beginning September 1, 1994. School districts may begin to use the planning days on July 1, 1994, for school year 1994-95 purposes. This appropriation allocates funds to support the equivalent of four planning days, and it is intended that funds for not more than four days per year will be allocated in the 1995-97 biennium.
(c) Subsection (1)(a) of this section shall continue in effect only if House Bill No. 2918 or substantially similar legislation fails to become law by June 30, 1994. Subsection (1)(b) shall take effect only if House Bill No. 2918 or substantially similar legislation becomes law by June 30, 1994.
(2) $2,190,000 is provided solely for ((paraprofessional training for classified staff. Resources and planning time for classified staff will be provided through the paraprofessional training program funded in this act)) training of paraprofessional classroom assistants and classroom teachers to whom the assistants are assigned.
(3) $3,900,000 is provided solely for the twenty-first century pilot programs for the remaining months of the 1992-93 school year and for the 1993-94 school year.
(4) $3,317,000 is provided solely for the operation of the commission on student learning under Engrossed Substitute House Bill No. 1209 (education reform). The commission on student learning shall report on a regular basis regarding proposed activities and expenditures of the commission.
(5) $1,683,000 is provided solely for development of assessments as required in Engrossed Substitute House Bill No. 1209 (education reform).
(6) $((1,800,000)) 2,800,000 is provided for school-to-work transition projects in the common schools, including state support activities, under Engrossed Substitute House Bill No. 1209 (education reform) and Engrossed Substitute House Bill No. 1820 (school-to-work transition).
(7) $3,300,000 is provided for mentor teacher assistance, including state support activities, under Engrossed Substitute House Bill No. 1209 (education reform). Of this amount, $400,000 is provided to establish one to three pilot projects pairing full-time mentor teachers with experienced teachers who are having difficulties and full-time mentor teachers with beginning teachers, as authorized under section 402 of Engrossed Substitute House Bill No. 1209.
(8) $900,000 is provided for superintendent and principal internships, including state support activities, under Engrossed Substitute House Bill No. 1209 (education reform).
(9) $4,500,000 is provided for improvement of technology infrastructure and educational technology support centers, including state support activities, under Engrossed Substitute House Bill No. 1209 (education reform).
(10) $8,000,000 is provided for grants to school districts to provide a continuum of care for children and families to help children become ready to learn. Grant proposals from school districts shall contain local plans designed collaboratively with community service providers. If a continuum of care program exists in the area in which the school district is located, the local plan shall provide for coordination with existing programs to the greatest extent possible. Grant funds shall be allocated pursuant to part IX of Engrossed Substitute House Bill No. 1209 (education reform).
(11) $5,000,000 is provided solely for the meals for kids program under Substitute Senate Bill No. 5971 (school meals) and shall be distributed as follows:
(a) $442,000 is provided solely for start-up grants for schools not eligible for federal start-up grants and for summer food service programs.
(b) $4,558,000 is provided solely to increase the state subsidy for free and reduced-price breakfasts.
(12) $((400,000)) 1,400,000 is provided for technical assistance related to education reform through the office of the superintendent of public instruction as specified in section 501 of Engrossed Substitute House Bill No. 1209.
(13) $25,000 is provided solely for compliance review and assistance to school sites and districts applying for student learning improvement grants under conditions of House Bill No. . . . (H-4288/94).
NEW SECTION. Sec. 513. A new section is added to chapter 24, Laws of 1993 sp.s. (uncodified) to read as follows:
FOR THE STATE BOARD OF EDUCATION--COMMON SCHOOL CONSTRUCTION
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 52,300,000
NEW SECTION. Sec. 514. A new section is added to chapter 24, Laws of 1993 sp.s. (uncodified) to read as follows:
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . $ 119,000
PART VI
HIGHER EDUCATION
Sec. 601. 1993 sp.s. c 24 s 601 (uncodified) is amended to read as follows:
The appropriations in sections 602 through 610 of this act are subject to the following conditions and limitations:
(1) "Institutions of higher education" means the institutions receiving appropriations under sections 602 through 608 of this act.
(2) The general fund--state appropriations in sections 602 through 608 of this act represent significant reductions in current funding levels. In order to provide each institution of higher education with the capability of effectively managing within their unique requirements, some flexibility in implementing these reductions is permitted. This will assure the continuation of the highest quality higher education system possible within available resources. In establishing spending plans for the next biennium, each institution shall address the needs of its students in keeping with the following directives: (a) Establishing reductions of a permanent nature by avoiding short term solutions; (b) not reducing enrollments below budgeted levels; (c) maintaining the current resident to nonresident student proportions; (d) protecting undergraduate programs and support services; (e) protecting assessment activities; (f) protecting minority recruitment and retention efforts; (g) protecting the state's investment in facilities; (h) using institutional strategic plans as a guide for reshaping institutional expenditures; and (i) increasing efficiencies through administrative reductions, program consolidation, the elimination of duplication, the use of other resources, and productivity improvements. Each institution of higher education and the state board for community and technical colleges shall submit a report to the legislative fiscal committees by July 1, 1993, on their spending plans for the 1993-95 biennium. The report should address the approach taken with respect to each of the directives in this subsection. A second report responding to the same directives shall be submitted by November 1, 1993, which describes the implementation of the spending plan and its effects.
(3) For the 1995-97 biennium, it is the intent of the legislature to make further efficiency reductions in higher education. Related savings will go toward funding compensation increases. Reductions will be one and one quarter percent of 1993-95 general fund--state appropriations for four-year institutions and one percent for the community and technical college system. Institutions will be given maximum flexibility in implementing these reductions. However, each institution shall address the needs of its students by not reducing enrollments below budgeted levels. In order to accomplish this, institutions are encouraged to begin a review of instructional programs to identify duplicative and low-productivity programs for possible consolidation or termination.
(4) The appropriations in sections 602 through 608 of this act provide state general fund support for student full time equivalent enrollments at each institution of higher education. The state general fund budget is further premised on a level of specific student tuition revenue collected into and expended from the institutions of higher education--general local accounts. Listed below are the annual full time equivalent student enrollments by institution assumed in this act.
1993-94 1994-95
Annual Annual
Average Average
FTE FTE
University of Washington
Main campus. . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 29,762 29,826
Evening Degree Program. . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 465 525
Tacoma branch.. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 450 490
Bothell branch. . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 427 449
Washington State University
Main campus. . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 15,965 15,991
Spokane branch. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 248 258
Tri-Cities branch. . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 519 541
Vancouver branch. . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 511 595
Central Washington University. . . . . . . .. . . . . . .. . . . . . .. . . . . . . 6,666 6,810
Eastern Washington University.. . . . . . .. . . . . . .. . . . . . .. . . . . . . 7,429 7,573
The Evergreen State College. . . . . . . . . .. . . . . . .. . . . . . .. . . . . . . 3,226 3,258
Western Washington University. . . . . . .. . . . . . .. . . . . . .. . . . . . . 9,216 9,360
State Board for Community and
Technical Colleges. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . . 107,670 110,386
Higher Education Coordinating
Board. . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 50 50
Sec. 602. 1993 sp.s. c 24 s 602 (uncodified) is amended to read as follows:
FOR THE STATE BOARD FOR COMMUNITY AND TECHNICAL COLLEGES
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((676,763,000))
673,452,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 11,403,000
Industrial Insurance Premium Refund
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 12,000
Employment and Training Trust
Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 35,120,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((723,298,000))
719,987,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,883,000 of the general fund--state appropriation is provided solely for 500 supplemental FTE enrollment slots to implement section 17, chapter 315, Laws of 1991 (timber-dependent communities).
(2) $35,120,000 of the employment and training trust fund appropriation is provided solely for training and related support services specified in Engrossed Substitute House Bill No. 1988 (employment and training). Of this amount:
(a) $27,630,000 shall provide enrollment opportunity for 3,500 full time equivalent students in fiscal year 1994 and 5,000 full time equivalent students in fiscal year 1995. The state board for community and technical colleges shall allocate the enrollments, with a minimum of 225 each year to Grays Harbor College;
(b) (($3,245,000 shall provide child care for the children of the student enrollments funded in (a) of this subsection;
(c) $500,000 shall provide transportation funding for the student enrollments funded in (a) of this subsection;
(d) $3,745,000 shall provide financial aid for the student enrollments funded in (a) of this subsection)) $7,490,000 shall provide child care assistance, transportation, and financial aid for the student enrollments funded in (a) of this subsection.
If Engrossed Substitute House Bill No. 1988 is not enacted by June 30, 1993, this appropriation shall lapse.
(3) $3,425,000 of the general fund--state appropriation is provided solely for assessment of student outcomes.
(4) $1,412,000 of the general fund--state appropriation is provided solely to recruit and retain minorities.
(5) For purposes of RCW 28B.15.515(2), there is no upper enrollment variance limit and college districts may enroll students above the general fund--state level.
(6) For fiscal year 1994, the appropriations in this section shall not be used for salary increases including increments, but may be used for increments required to be paid under chapter 41.56 or 41.06 RCW except as restricted under section 913 of this act.
(7) For fiscal year 1995, colleges allocated funds from appropriations in this section shall not grant salary increases from any fund source, but may grant increments to classified staff and full-time faculty whose annual base salary is less than $45,000. Faculty increments shall be effective during the first month of the academic year. Funding of increments for faculty is limited to savings available from full-time faculty turnover. A maximum of $1,140,000 of this appropriation may be expended to supplement turnover savings in the payment of full-time faculty increments.
(8) $150,000 of the general fund--state appropriation is provided solely for the two-plus-two program at Olympic College.
(((8))) (9) $3,364,000 of the general fund--state appropriation is provided solely for instructional equipment for technical colleges.
(10) For fiscal year 1995, technical colleges may increase tuition and fees to conform with the percentage increase in community college operating fees authorized in chapter 18, Laws of 1993 sp. sess., notwithstanding RCW 43.135.055.
(11) $225,000 of the general fund--state appropriation is provided solely to implement Substitute House Bill No. 2210 (creating a new community college district). If the bill is not enacted by June 30, 1994, the amount provided in this subsection shall lapse.
Sec. 603. 1993 sp.s. c 24 s 603 (uncodified) is amended to read as follows:
FOR THE UNIVERSITY OF WASHINGTON
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((507,618,000))
504,130,000
Medical Aid Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((3,756,000))
4,083,000
Accident Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((3,762,000))
3,840,000
Death Investigations Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((1,282,000))
1,427,000
Oil Spill Administration Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . $ ((236,000))
100,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 5,800,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((522,454,000))
519,380,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $((10,004,000)) 7,201,000 of the general fund appropriation is provided solely to operate upper-division and graduate level courses offered at the Tacoma branch campus.
(2) $((10,499,000)) 7,713,000 of the general fund appropriation is provided solely to operate upper-division and graduate level courses offered at the Bothell branch campus.
(3) The University of Washington shall prepare a plan to remedy the cause of disparate market gaps in compensation for professional/exempt employees and librarians. The plan shall be presented to the legislative fiscal and policy committees by January 1, 1994.
(4) $2,300,000 of the health services account appropriation is provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 5304 (health care reform) to increase the supply of primary health care providers. If Engrossed Second Substitute Senate Bill No. 5304 is not enacted by June 30, 1993, this appropriation shall lapse.
(5) $300,000 of the health services account appropriation is provided solely to expand community-based training for physician assistants. If Engrossed Second Substitute Senate Bill No. 5304 is not enacted by June 30, 1993, this appropriation shall lapse.
(6) $300,000 of the health services account appropriation is provided solely for the advanced registered nurse program. If Engrossed Second Substitute Senate Bill No. 5304 is not enacted by June 30, 1993, this appropriation shall lapse.
(7) $2,900,000 of the health services account appropriation is provided solely for health benefits for teaching and research assistants pursuant to Engrossed House Bill No. 2123.
(8) $372,000 of the general fund appropriation is provided solely for assessment of student outcomes.
(9) $648,000 of the general fund appropriation is provided solely to recruit and retain minorities.
(10) The University of Washington shall maintain essential requirements level funding for the family practice residency network within the school of medicine.
(11) $25,000 of the general fund appropriation is provided solely for the Thomas Burke Memorial Washington State Museum for meeting obligations created by the federal Native American Graves Protection and Repatriation Act of 1991, and for assistance in preparing rare Oligocene period whale fossils found on the Olympic Peninsula.
(12) The Death Investigation Council, in consultation with the Washington state toxicology laboratory, shall prepare a plan for billing clients for services. The plan is to be implemented in 1995-97, and revenue from client billings shall be sufficient to cover the projected budget deficit for 1995-97.
Sec. 604. 1993 sp.s. c 24 s 604 (uncodified) is amended to read as follows:
FOR WASHINGTON STATE UNIVERSITY
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((292,460,000))
290,469,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 1,400,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((293,860,000))
291,869,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $((8,338,000)) 7,811,000 of the general fund appropriation is provided solely to operate upper-division and graduate level courses and other educational services offered at the Vancouver branch campus.
(2) $((6,420,000)) 5,697,000 of the general fund appropriation is provided solely to operate upper-division and graduate level courses and other educational services offered at the Tri-Cities branch campus.
(3) $((7,062,000)) 6,748,000 of the general fund appropriation is provided solely to operate graduate and professional level courses and other educational services offered at the Spokane branch campus.
(4) $372,000 of the general fund appropriation is provided solely for assessment of student outcomes.
(5) $280,000 of the general fund appropriation is provided solely to recruit and retain minorities.
(6) $((85,000)) 1 of the general fund appropriation is provided solely for the implementation of section 7 of Second Engrossed Substitute House Bill No. 1309 or substantially similar legislation.
(7) $1,400,000 of the health services account appropriation is provided solely for health benefits for teaching and research assistants pursuant to Engrossed House Bill No. 2123.
(8) $262,000 of the general fund appropriation is provided solely for the poultry diagnostic lab.
(9) $120,000 of the general fund appropriation is provided solely for the aquaculture certification center.
(10)(a) To protect children and adults from inappropriate pesticide exposure in public schools, the cooperative extension service shall develop a model integrated pest management program for use by local public school districts. The model program shall maximize reliance on natural pest controls least harmful to people and the environment.
(b) School district development of model integrated pest management programs shall involve parents, teachers, and staff. A curriculum to teach students integrated pest management principles and practices is encouraged as an integral part of the program.
Sec. 605. 1993 sp.s. c 24 s 605 (uncodified) is amended to read as follows:
FOR EASTERN WASHINGTON UNIVERSITY
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((72,813,000))
72,252,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 200,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((73,013,000))
72,452,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $372,000 of the general fund appropriation is provided solely for assessment of student outcomes.
(2) $186,000 of the general fund appropriation is provided solely to recruit and retain minorities.
(3) $200,000 of the health services account appropriation is provided solely for health benefits for teaching and research assistants pursuant to Engrossed House Bill No. 2123.
Sec. 606. 1993 sp.s. c 24 s 606 (uncodified) is amended to read as follows:
FOR CENTRAL WASHINGTON UNIVERSITY
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((66,482,000))
66,003,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 10,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 140,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((66,622,000))
66,153,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $372,000 of the general fund appropriation is provided solely for assessment of student outcomes.
(2) $140,000 of the general fund appropriation is provided solely to recruit and retain minorities.
(3) $140,000 of the health services account appropriation is provided solely for health for benefits teaching and research assistants pursuant to Engrossed House Bill No. 2123.
Sec. 607. 1993 sp.s. c 24 s 607 (uncodified) is amended to read as follows:
FOR THE EVERGREEN STATE COLLEGE
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((37,207,000))
36,899,000
The appropriation in this section is subject to the following conditions and limitations:
(1) $372,000 of the general fund appropriation is provided solely for assessment of student outcomes.
(2) $94,000 of the general fund appropriation is provided solely to recruit and retain minorities.
(3) $410,000 of the general fund((--state)) appropriation is provided solely for the public schools partnership program.
(4) $976,000 of the general fund appropriation is provided solely for the Washington state institute for public policy to conduct studies requested by the legislature.
Sec. 608. 1993 sp.s. c 24 s 608 (uncodified) is amended to read as follows:
FOR WESTERN WASHINGTON UNIVERSITY
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((81,618,000))
81,088,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 200,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((81,818,000))
81,288,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $372,000 of the general fund appropriation is provided solely for assessment of student outcomes.
(2) $186,000 of the general fund appropriation is provide solely to recruit and retain minorities.
(3) $200,000 of the health services account appropriation is provided solely for health benefits for teaching and research assistants pursuant to Engrossed House Bill No. 2123.
Sec. 609. 1993 sp.s. c 24 s 609 (uncodified) is amended to read as follows:
FOR THE HIGHER EDUCATION COORDINATING BOARD--POLICY COORDINATION AND ADMINISTRATION
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((4,018,000))
7,319,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 265,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((4,283,000))
7,584,000
The appropriations in this section are provided to carry out the policy coordination, planning, studies, and administrative functions of the board and are subject to the following conditions and limitations:
(1) $717,000 of the general fund--state appropriation is provided solely for enrollment to implement sections 18 through 21, chapter 315, Laws of 1991 (timber dependent communities). The number of students served shall be 50 full time equivalent students per fiscal year.
(2) $3,000,000 of the general fund--state appropriation is provided for transfer to the Washington distinguished professorship trust fund.
(a) For the biennium ending June 30, 1995, all appropriations to the Washington distinguished professorship trust fund shall be allocated as provided in this subsection. The state treasurer shall reserve the following amounts in the trust fund for distribution to four-year higher education institutions at such time as qualifying gifts for distinguished professorships have been deposited pursuant to RCW 28B.10.866 through 28B.10.874:
(i) $1,000,000 of the appropriation for the University of Washington;
(ii) $1,000,000 of the appropriation for Washington State University;
(iii) $250,000 of the appropriation for Eastern Washington University;
(iv) $250,000 of the appropriation for Central Washington University;
(v) $250,000 of the appropriation for Western Washington University;
(vi) $250,000 of the appropriation for The Evergreen State College.
(b) As of June 30, 1995, if any funds reserved in (a) of this subsection have not been designated as matching funds for qualifying gifts, any four-year institution of higher education that has otherwise fully utilized the professorships allocated to it by this subsection may be eligible for such funds under rules established by the higher education coordinating board.
(3) $400,000 of the general fund--state appropriation is provided solely for transfer to the Washington graduate fellowship trust fund.
(a) For the biennium ending June 30, 1995, all appropriations to the Washington graduate fellowship trust fund shall be allocated as provided in this subsection. The state treasurer shall reserve the following amounts in the trust fund for distribution to four-year higher education institutions at such time as qualifying gifts for graduate fellows have been deposited:
(i) $100,000 of the appropriation for Eastern Washington University;
(ii) $100,000 of the appropriation for Central Washington University;
(iii) $100,000 of the appropriation for Western Washington University;
(iv) $100,000 of the appropriation for The Evergreen State College.
(b) As of June 30, 1995, if any funds reserved in (a) of this subsection have not been designated as matching funds for qualifying gifts, any four-year institution of higher education that has otherwise fully utilized the fellowships allocated to it by this subsection may be eligible for such funds under rules established by the higher education coordinating board.
Sec. 610. 1993 sp.s. c 24 s 610 (uncodified) is amended to read as follows:
FOR THE HIGHER EDUCATION COORDINATING BOARD--FINANCIAL AID AND GRANT PROGRAMS
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((126,315,000))
126,245,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 6,381,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 2,230,000
State Education Grant Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 40,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((134,966,000))
134,896,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,044,000 of the general fund--state appropriation is provided solely for the displaced homemakers program.
(2) $2,000,000 of the health services account appropriation is provided solely for scholarships and loans under chapter 28B.115 RCW, health professional conditional scholarship program. If Engrossed Second Substitute Senate Bill No. 5304 (health care reform) is not enacted by June 30, 1993, this appropriation shall lapse.
(3) $230,000 of the health services account appropriation is provided solely for the health personnel resources plan. If Engrossed Second Substitute Senate Bill No. 5304 is not enacted by June 30, 1993, this appropriation shall lapse.
(4) $431,000 of the general fund--state appropriation is provided solely for the western interstate commission for higher education.
(5) $((124,840,000)) 124,770,000 of the general fund--state appropriation is provided solely for student financial aid, including all administrative costs. Of this amount:
(a) $95,039,000 is provided solely for the state need grant program. The board shall, to the best of its ability, rank and serve students eligible for the state need grant in order from the lowest family income to the highest family income. Any state need grant moneys not awarded by April 1st of each year may be transferred to the state work study program.
(b) $24,200,000 is provided solely for the state work study program.
(c) $1,000,000 is provided solely for educational opportunity grants.
(d) A maximum of $((2,698,000)) 2,628,000 may be expended for financial aid administration.
(((5) $2,800,000 of the general fund--federal appropriation is provided solely for state need grants for students participating in the federal job opportunities and basic skills program (JOBS).
(6))) (e) $50,000 ((of the general fund--state appropriation)) is provided solely for a demonstration project that matches money raised for scholarships by new local chapters of the Citizen's Scholarship Foundation of America. To be eligible to receive a state matching grant, the new chapter must be created after June 30, 1993. Each chapter is limited to one matching grant and must raise at least $2,000 before receiving matching funds.
(((7))) (f) $288,000 ((of the general fund--state appropriation)) is provided solely for the educator's excellence awards, which includes $53,000 transferred from the office of the superintendent of public instruction.
(6) $2,800,000 of the general fund--federal appropriation is provided solely for state need grants for students participating in the federal job opportunities and basic skills program (JOBS).
Sec. 611. 1993 sp.s. c 24 s 611 (uncodified) is amended to read as follows:
FOR THE JOINT CENTER FOR HIGHER EDUCATION
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((711,000))
917,000
Sec. 612. 1993 sp.s. c 24 s 612 (uncodified) is amended to read as follows:
FOR THE WORK FORCE TRAINING AND EDUCATION COORDINATING BOARD
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((3,517,000))
3,447,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 34,651,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((38,168,000))
38,098,000
The appropriations in this section are subject to the following conditions and limitations: In order for the agency to accomplish both its federally assigned and state responsibilities under chapter 28C.18 RCW, it may, with the concurrence of the office of financial management, exercise discretion in restructuring its general fund--state and general fund--federal resources within allowed FTE staff totals.
Sec. 613. 1993 sp.s. c 24 s 614 (uncodified) is amended to read as follows:
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((14,062,000))
14,172,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 4,796,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 46,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((18,904,000))
19,014,000
The appropriations in this section are subject to the following conditions and limitations: $2,385,516 of the general fund--state appropriation and $54,000 from federal funds are provided solely for a contract with the Seattle public library for library services for the blind and physically handicapped.
Sec. 614. 1993 sp.s. c 24 s 615 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE ARTS COMMISSION
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((4,274,000))
4,246,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 934,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((5,208,000))
5,180,000
The appropriations in this section are subject to the following conditions and limitations: The portion of the general fund appropriation provided for the institutional and organizational support programs shall be awarded to applicants that have not added to any accumulated deficit in the most recently completed fiscal year. Applicants that provide artistic services to communities that are otherwise artistically underserved, are integral to the arts community in which they are based, or that have budgets of less than $250,000 shall be exempt from this requirement.
Sec. 615. 1993 sp.s. c 24 s 616 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE HISTORICAL SOCIETY
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((2,321,000))
2,325,000
Sec. 616. 1993 sp.s. c 24 s 617 (uncodified) is amended to read as follows:
FOR THE EASTERN WASHINGTON STATE HISTORICAL SOCIETY
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((873,000))
891,000
Sec. 617. 1993 sp.s. c 24 s 618 (uncodified) is amended to read as follows:
FOR THE STATE SCHOOL FOR THE DEAF
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((12,566,000))
12,536,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 40,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 9,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((12,606,000))
12,585,000
Sec. 618. 1993 sp.s. c 24 s 619 (uncodified) is amended to read as follows:
FOR THE STATE SCHOOL FOR THE BLIND
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((6,862,000))
6,844,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 26,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 7,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((6,888,000))
6,877,000
PART VII
SPECIAL APPROPRIATIONS
Sec. 701. 1993 sp.s. c 24 s 710 (uncodified) is amended to read as follows:
FOR THE GOVERNOR--EMERGENCY TRAVEL FUND
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((3,553,000))
463,000
The appropriation in this section is subject to the following conditions and limitations: The appropriation shall be used solely for providing for the cost of travel, lodgings, and related expenses for agencies that demonstrate a critical agency-related need as a result of the reductions in travel funding made by this act. Allocations from this appropriation shall be reported quarterly to the legislative fiscal committees.
NEW SECTION. Sec. 702. A new section is added to 1993 sp.s. c 24 (uncodified) to read as follows:
FOR THE GOVERNOR--MAINFRAME REPROGRAMMING COSTS
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 656,000
Forest Development Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 97,000
Resource Management Cost Account Appropriation. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 236,000
Unemployment Compensation Administration
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 732,000
Department of Retirement Systems Expense
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 407,000
Accident Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 471,000
Medical Aid Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 470,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 3,069,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriations are provided for reprogramming mainframe and other computer applications of the department of personnel, department of natural resources, department of information services, employment security department, department of retirement systems, and department of labor and industries.
(2) Funds shall not be expended until agency work plans are approved by the department of information services and the office of financial management.
(3) The appropriations in this section assume expenditure of $404,000 from nonappropriated funds in the data processing revolving account. No more than this amount shall be expended by the department of personnel's human resources information services division.
NEW SECTION. Sec. 703. A new section is added to 1993 sp.s. c 24 (uncodified) to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--MAJOR NONINTERSTATE HIGHWAY CONSTRUCTION: PROGRAM C
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 75,000,000
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for regular category C projects.
Sec. 704. 1993 sp.s. c 24 s 701 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR GENERAL FUND BOND DEBT
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((736,118,685))
698,685,618
This appropriation is for deposit into the accounts listed in section 801 of this act.
Sec. 705. 1993 sp.s. c 24 s 703 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR GENERAL OBLIGATION DEBT TO BE REIMBURSED AS PRESCRIBED BY STATUTE
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((28,156,178))
35,218,846
Community College Refunding Bond Retirement
Fund 1974 Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 9,856,110
Community College Capital Construction Bond
Retirement Fund 1975, 1976, 1977
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 10,304,798
Higher Education Bond Retirement Fund 1979
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 6,354,922
Washington State University Bond Redemption
Fund 1977 Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 516,452
Higher Education Refunding Bond Redemption
Fund 1977 Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 6,245,701
State General Obligation Bond Retirement
1979 Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((65,033,822))
71,822,089
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((126,467,983))
140,318,918
Sec. 706. 1993 sp.s. c 24 s 705 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR DEBT TO BE PAID BY STATUTORILY PRESCRIBED REVENUE
Common School Building Bond Redemption Fund
1967 Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,923,625
((State Building Bond Redemption Fund 1967
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 654,200))
State Building and Parking Bond Redemption
Fund 1969 Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 2,456,980
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((10,034,805))
9,380,605
Sec. 707. 1993 sp.s. c 24 s 706 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((1,258,314))
2,453,714
Higher Education Construction Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 185,130
State Convention and Trade Center Appropriation. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 88,050
((Excess Earnings Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 1,195,400))
State Building Construction Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 35,298,012
Economic Development Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 162,000
Puget Sound Capital Construction Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 2,716,792
Motor Vehicle Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 2,849,751
Special Category C Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 974,359
Energy Efficiency Construction Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 515,362
Common School Reimbursable Construction Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 5,666,853
Higher Education Reimbursable Construction Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 4,312,476
Energy Efficiency Services Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 51,282
State and Local Improvements Revolving Account
Appropriation--Waste Disposal Facilities. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,808
State and Local Improvements Revolving Account
Appropriation--Waste Disposal Facilities,
1980. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 7,370
State and Local Improvements Revolving Account
Appropriation--Water Supply Facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,285
Fruit Commission Facilities Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 500
State Higher Education Bond Retirement Account
Appropriation, 1988. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((55,273,781))
55,292,744
Total Bond Retirement and Interest
Appropriations contained in sections 701
through 706 of this act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . $ 1,181,971,582
NEW SECTION. Sec. 708. A new section is added to 1993 sp.s. c 24 (uncodified) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--BELATED CLAIMS
The following sums, or so much thereof as shall severally be found necessary, are hereby appropriated and authorized to be expended out of several accounts indicated, for the period from the effective date of this act to June 30, 1995, in order to reimburse the general fund for expenditures from belated claims, to be disbursed on vouchers approved by the office of financial management:
Hospital Commission Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 37
Archives and Records Management Account. . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,005
Winter Recreation Program Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75
Snowmobile Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 226
Institutional Impact Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 15,428
Forest Development Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,034
Health Professions Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,952
Flood Control Assistance Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 34,460
Aquatic Lands Enhancement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 110
Public Safety and Education Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,408
Real Estate Commission Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 17,829
Reclamation Revolving Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 104
State Investment Board Expense Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,330
State Emergency Water Projects Revolving Account. . . . . . . . . . . . . . . . . . . . . $ 16
State Capitol Historical Association Museum Account. . . . . . . . . . . . . . . . . . . $ 37
Resource Management Cost Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,734
Charitable, Educational, Penal (CEP), and
Reformatory Institutions (RI) Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,384
Litter Control Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,564
State and Local Improvement Revolving Account--
Waste Disposal Facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 461
Grade Crossing Protective Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,791
State Patrol Highway Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 121,716
State Wildlife Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,800
Highway Safety Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 99,707
Motor Vehicle Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 84,214
Puget Sound Ferry Operations Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 429
Special Wildlife Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 868
Public Service Revolving Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,408
Vehicle Tire Recycling Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 149
Insurance Commissioner's Regulatory Account. . . . . . . . . . . . . . . . . . . . . . . . . $ 14,712
Water Quality Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 89,017
High Capacity Transportation Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,110
Basic Health Plan Trust Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 462
State Toxics Control Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 233,859
Local Toxics Control Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 51,879
Water Quality Permit Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 12
Drug Enforcement and Education Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 400
Solid Waste Management Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,127
Hazardous Waste Assistance Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 98
State Treasurer's Service Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 546
Legal Services Revolving Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,362
Municipal Revolving Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 9,512
Department of Personnel Service Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,931
Auditing Services Revolving Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,044
Liquor Revolving Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,029
State Convention and Trade Center Operations Account. . . . . . . . . . . . . . . . . . $ 4,037
Department of Retirement Systems Expense Account. . . . . . . . . . . . . . . . . . . . $ 4,537
Accident Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,289
Medical Aid Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,289
NEW SECTION. Sec. 709. A new section is added to 1993 sp.s. c 24 (uncodified) to read as follows:
FOR SUNDRY CLAIMS. The following sums, or so much thereof as may be necessary, are appropriated from the general fund, unless otherwise indicated, for relief of various individuals, firms, and corporations for sundry claims. These appropriations are to be disbursed on vouchers approved by the director of general administration, except as otherwise provided as follows:
(1) Gregory Johnson, for payment of claim
number SCJ-93-10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 10,993.52
(2) Dale G. Horton, Jr., for payment of claim
number SCJ-93-11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,279.00
(3) Joseph Flarity, for payment of claim
number SCJ-93-12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,754.47
(4) Loren Mann, for payment of claim
number SCJ-93-16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 14,462.62
Sec. 710. 1993 sp.s. c 24 s 716 (uncodified) is amended to read as follows:
FOR THE GOVERNOR--COMPENSATION--INSURANCE BENEFITS
((General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 8,960,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 3,216,000
Special Fund Salary and Insurance Contribution
Increase Revolving Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 6,871,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 19,047,000
The appropriations in this section, or so much thereof as may be necessary, shall be expended solely for the purposes designated in this section and are subject to the conditions and limitations specified in this section.))
(1) The ((appropriations in this section shall be distributed by the)) office of financial management ((to)) shall reduce the allotments of state agencies, excluding institutions of higher education, to ((fund the 1993-95 increased)) reflect decreased costs of health care benefits, administration, and margin in the self-insured medical and dental plans.
(2)(a) The monthly contributions for insurance benefit premiums shall not exceed $317.79 per eligible employee for fiscal year 1994, and $((350.25)) 299.57 for fiscal year 1995.
(b) The monthly contributions for the margin in the self-insured medical and dental plans and for the operating costs of the health care authority shall not exceed $5.91 per eligible employee for fiscal year 1994, and $((6.21)) 5.75 for fiscal year 1995.
(c) Any returns of funds to the health care authority resulting from favorable claims experienced during the 1993-95 biennium shall be held in reserve within the state employees insurance account until appropriated by the legislature.
(d) Funds provided ((under this section)) for insurance benefits, including funds resulting from dividends or refunds, shall not be used to increase employee insurance benefits over the level of services provided on the effective date of this act. Contributions by any county, municipal, or other political subdivision, except any school district or any bargaining unit within a school district, to which coverage is extended after ((the effective date of this act)) January 1, 1994, shall not receive the benefit of any surplus funds attributable to premiums paid prior to the date on which coverage is extended.
(3) To facilitate the transfer of moneys from dedicated funds and accounts, the state treasurer is directed to transfer sufficient moneys from each dedicated fund or account to the special fund salary and insurance contribution increase revolving fund in accordance with schedules provided by the office of financial management.
(4) ((A maximum of $587,000 of the special fund salary and insurance contribution increase revolving fund appropriation in this section may be expended for benefit increases for ferry workers consistent with the 1993-95 transportation appropriations act.)) The health care authority, subject to the approval of the public employees benefits board, shall provide the following subsidies for health benefit premiums provided to retirees pursuant to RCW 41.05.080 and 41.05.260 and Senate Bill No. .... (retiree health benefits):
(a) From July 1, 1994, through December 31, 1994, the health benefit subsidy for eligible retired or disabled school employees who are eligible for parts A and B of medicare shall be $34.20 per month or a lower rate to the extent that funds are unavailable from the retired school employees' subsidy account.
(b) From July 1, 1994, through December 31, 1994, the health benefit subsidy for eligible retired or disabled school employees who are under age 65 shall be $85.50 per month or a lower rate to the extent that funds are unavailable from the retired school employees' subsidy account.
(c) From January 1, 1995, to June 30, 1995, the health benefit subsidy for eligible retired or disabled school employees who are eligible for parts A and B of medicare shall be $34.20 per month from the public employees and retirees insurance account in accordance with Senate Bill No. .... (retiree health benefits). If the bill is not enacted by June 30, 1994, this subsection (4)(c) shall lapse.
(d) From January 1, 1995, to June 30, 1995, the health benefit subsidy for eligible retired state employees who are eligible for parts A and B of medicare shall be $34.20 per month from the public employees and retirees insurance account in accordance with Senate Bill No. .... (retiree health benefits). If the bill is not enacted by June 30, 1994, this subsection (4)(d) shall lapse.
Sec. 711. 1993 sp.s. c 24 s 721 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--LOANS
((General Fund Appropriation—-For transfer to the
Convention and Trade Center Operating Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,830,000))
General Fund Appropriation—For transfer to the
Community College Capital Projects Account. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 4,550,000
((TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . $ 7,380,000))
PART VIII
OTHER TRANSFERS AND APPROPRIATIONS
Sec. 801. 1993 sp.s. c 24 s 801 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER—BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR GENERAL OBLIGATION DEBT SUBJECT TO THE STATUTORY DEBT LIMIT
Fisheries Bond Redemption Fund 1977
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,369,050
Water Pollution Control Facilities Bond Redemption
Fund 1967 Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 640,313
State Building (Expo 74) Bond Redemption Fund 1973A
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((374,968))
158,287
State Building Bond Redemption Fund 1973
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((3,815,320))
843,556
State Higher Education Bond Redemption Fund 1973
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((4,395,023))
621,187
((State Building Authority Bond Redemption Fund
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 9,397,425))
Community College Capital Improvement Bond
Redemption Fund 1972 Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ ((7,528,400))
923,167
State Higher Education Bond Redemption Fund 1974
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((1,187,200))
94,125
Waste Disposal Facilities Bond Redemption Fund
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((50,473,075))
34,146,747
Water Supply Facilities Bond Redemption Fund
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 11,109,893
Recreation Improvements Bond Redemption Fund
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((6,033,190))
253,800
Social and Health Services Facilities 1972 Bond
Redemption Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((3,713,865))
323,900
Outdoor Recreation Bond Redemption Fund 1967
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,593,098
Indian Cultural Center Construction Bond
Redemption Fund 1976 Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 127,231
((Fisheries Bond Redemption Fund 1976
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 760,015
Higher Education Bond Redemption Fund 1975
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 2,168,025
State Building Bond Retirement Fund 1975
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 422,360))
Social and Health Services Bond Redemption Fund
1976 Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 9,464,773
Emergency Water Projects Bond Retirement Fund 1977
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 2,639,480
Higher Education Bond Redemption Fund 1977
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 13,296,100
Salmon Enhancement Bond Redemption Fund 1977
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 3,706,950
Fire Service Training Center Bond Retirement Fund
1977 Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 745,706
State General Obligation Bond Retirement Bond 1979
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((601,579,585))
616,628,255
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((736,118,685))
698,685,618
The total expenditures from the state treasury under the appropriations in this section and in section 701 of this act shall not exceed the total appropriation in this section.
Sec. 802. 1993 sp.s. c 24 s 802 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR GENERAL OBLIGATION DEBT TO BE REIMBURSED AS PRESCRIBED BY STATUTE
State General Obligation Bond Retirement
1979 Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 28,156,178
The total expenditures from the state treasury under the appropriation in this section and the general fund appropriation in section 703 of this act shall not exceed the total appropriation in this section.
Sec. 803. 1993 sp.s. c 24 s 803 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--STATE REVENUES FOR DISTRIBUTION
General Fund Appropriation for fire insurance
premiums tax distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((4,382,550))
4,369,500
General Fund Appropriation for public utility
district excise tax distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ ((29,254,986))
27,050,294
General Fund Appropriation for prosecuting
attorneys' salaries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,300,000
General Fund Appropriation for motor vehicle
excise tax distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((96,445,099))
96,797,347
General Fund Appropriation for local mass
transit assistance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((294,186,744))
297,185,157
General Fund Appropriation for camper and
travel trailer excise tax distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((3,112,351))
2,817,271
General Fund Appropriation for boating
safety/education and law enforcement
distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((789,528))
2,623,676
Aquatic Lands Enhancement Account Appropriation
for harbor improvement revenue distribution. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 154,000
Liquor Excise Tax Fund Appropriation for
liquor excise tax distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((24,307,934))
22,875,500
Motor Vehicle Fund Appropriation for motor
vehicle fuel tax and overload penalties
distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((552,082,000))
410,702,520
Liquor Revolving Fund Appropriation for liquor
profits distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((53,570,000))
44,296,710
Timber Tax Distribution Account Appropriation
for distribution to "Timber" counties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((121,724,800))
139,375,055
Municipal Sales and Use Tax Equalization Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((51,882,670))
51,035,317
County Sales and Use Tax Equalization Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((17,476,268))
15,717,879
Death Investigations Account Appropriation
for distribution to counties for publicly
funded autopsies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,400,000
County Criminal Justice Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((16,145,834))
58,818,768
Municipal Criminal Justice Account Appropriation. . . . . . . . . . . . . . . . . . . . . . $ ((6,458,226))
23,896,400
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((1,276,672,990))
1,202,415,394
The total expenditures from the state treasury under the appropriations in this section shall not exceed the funds available under statutory distributions for the stated purposes.
Sec. 804. 1993 sp.s. c 24 s 805 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--TRANSFERS
Flood Control Assistance Account: For transfer to
the General Fund--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . $ ((300,000))
0
State Convention and Trade Center Account: For
transfer to the State Convention and Trade
Center Operations Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . $ ((5,699,000))
9,587,000
Water Quality Account: For transfer to the water
pollution revolving fund. Transfers shall be made
at intervals coinciding with deposits of federal
capitalization grant money into the revolving fund.
The amounts transferred shall not exceed the match
required for each federal deposit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 21,500,000
Trust Land Purchase Account: For transfer to the
General Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((24,000,000))
22,300,000
General Government Special Revenue Fund--State
Treasurer's Service Account: For transfer to the
General Fund on or before ((July 20)) June 30, 1995,
an amount up to $((7,400,000)) 8,400,000 in excess of
the cash requirements of the state treasurer's
service account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((7,400,000))
8,400,000
Public Works Assistance Account:
For transfer to the General Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 35,000,000
Health Services Account:
For transfer to the Public Health Services
account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 20,000,000
Economic Development Finance Authority Account:
For transfer to the General Fund--Federal an
amount to include but not exceed all total
federal equity in the account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 458,000
Oil Spill Response Account:
For transfer to the Oil Spill Administration
Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 955,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((113,899,000))
118,200,000
PART IX
MISCELLANEOUS
Sec. 901. RCW 22.09.830 and 1989 c 354 s 52 are each amended to read as follows:
(1) All moneys collected as warehouse license fees, fees for weighing, grading, and inspecting commodities and all other fees collected under the provisions of this chapter, except as provided in subsection (2) of this section, shall be deposited in the grain inspection revolving fund, which is hereby established. The state treasurer is the custodian of the revolving fund. Disbursements from the revolving fund shall be on authorization of the director of the department of agriculture. The revolving fund is subject to the allotment procedure provided in chapter 43.88 RCW, but no appropriation is required for disbursements from the fund. The fund shall be used for all expenses directly incurred by the commodity inspection division in carrying out the provisions of this chapter and for departmental administrative expenses during the 1993-95 biennium. The department may use so much of such fund not exceeding five percent thereof as the director of agriculture may determine necessary for research and promotional work, including rate studies, relating to wheat and wheat products.
(2) All fees collected for the inspection, grading, and testing of hops shall be deposited into the hop inspection fund, which is hereby established, and shall be retained by the department for the purpose of inspecting, grading, and testing hops. Any moneys in any fund retained by the department on July 1, 1963, and derived from hop inspection and grading shall be deposited to this hop inspection fund. For the purposes of research which would contribute to the development of superior hop varieties and to improve hop production and harvest practices, the department may expend up to twenty percent of the moneys deposited in the hop inspection fund during the fiscal year ending June 30th immediately preceding the year in which such expenditures are to be made. No expenditures shall be made under the provisions of this subsection when the hop inspection fund is, or the director may reasonably anticipate that it will be, reduced below twenty thousand dollars as the result of such expenditure or other necessary expenditures made to carry out the inspection, grading, and testing of hops.
Sec. 902. RCW 28B.102.900 and 1987 c 437 s 9 are each amended to read as follows:
No conditional scholarships shall be granted after June 30, ((1994)) 1995, until the program is reviewed by the legislative budget committee and is reenacted by the legislature.
Sec. 903. RCW 67.70.040 and 1991 c 359 s 1 are each amended to read as follows:
The commission shall have the power, and it shall be its duty:
(1) To promulgate such rules governing the establishment and operation of a state lottery as it deems necessary and desirable in order that such a lottery be initiated at the earliest feasible and practicable time, and in order that such lottery produce the maximum amount of net revenues for the state consonant with the dignity of the state and the general welfare of the people. Such rules shall include, but shall not be limited to, the following:
(a) The type of lottery to be conducted which may include the selling of tickets or shares. The use of electronic or mechanical devices or video terminals which allow for individual play against such devices or terminals shall be prohibited. Approval of the legislature shall be required before entering any agreement with other state lotteries to conduct shared games;
(b) The price, or prices, of tickets or shares in the lottery;
(c) The numbers and sizes of the prizes on the winning tickets or shares;
(d) The manner of selecting the winning tickets or shares;
(e) The manner and time of payment of prizes to the holder of winning tickets or shares which, at the director's option, may be paid in lump sum amounts or installments over a period of years;
(f) The frequency of the drawings or selections of winning tickets or shares, without limitation;
(g) Without limit as to number, the type or types of locations at which tickets or shares may be sold;
(h) The method to be used in selling tickets or shares;
(i) The licensing of agents to sell or distribute tickets or shares, except that a person under the age of eighteen shall not be licensed as an agent;
(j) The manner and amount of compensation, if any, to be paid licensed sales agents necessary to provide for the adequate availability of tickets or shares to prospective buyers and for the convenience of the public;
(k) The apportionment of the total revenues accruing from the sale of lottery tickets or shares and from all other sources among: (i) The payment of prizes to the holders of winning tickets or shares, which shall not be less than forty-five percent of the gross annual revenue from such lottery, ((less amounts of unclaimed prizes deposited in the general fund under RCW 67.70.190 during the fiscal year ending June 30, 1989,)) (ii) transfers to the lottery administrative account created by RCW 67.70.260, and (iii) transfers to the state's general fund, which during the fiscal year ending June 30, 1995, shall not be less than forty percent of the gross annual revenue from the lottery. Transfers to the state general fund shall be made in compliance with RCW 43.01.050;
(l) Such other matters necessary or desirable for the efficient and economical operation and administration of the lottery and for the convenience of the purchasers of tickets or shares and the holders of winning tickets or shares.
(2) To ensure that in each place authorized to sell lottery tickets or shares, on the back of the ticket or share, and in any advertising or promotion there shall be conspicuously displayed an estimate of the probability of purchasing a winning ticket.
(3) To amend, repeal, or supplement any such rules from time to time as it deems necessary or desirable.
(4) To advise and make recommendations to the director for the operation and administration of the lottery.
Sec. 904. RCW 70.146.080 and 1993 sp.s. c 24 s 924 are each amended to read as follows:
Within thirty days after June 30, 1987, and within thirty days after each succeeding fiscal year thereafter, the state treasurer shall determine the tax receipts deposited into the water quality account for the preceding fiscal year. If the tax receipts deposited into the account in each of the fiscal years 1988 and 1989 are less than forty million dollars, the state treasurer shall transfer sufficient moneys from general state revenues into the water quality account to bring the total receipts in each fiscal year up to forty million dollars.
For the biennium ending June 30, 1991, if the tax receipts deposited into the water quality account and the earnings on investment of balances credited to the account are less than ninety million dollars, the treasurer shall transfer sufficient moneys from general state revenues into the water quality account to bring the total revenue up to ninety million dollars. The determination and transfer shall be made by July 31, 1991.
For fiscal year((s)) 1992 ((and 1993)) and for fiscal years 1995 and 1996 and thereafter, if the tax receipts deposited into the water quality account for each fiscal year are less than forty-five million dollars, the treasurer shall transfer sufficient moneys from general state revenues into the water quality account to bring the total revenue up to forty-five million dollars. Determinations and transfers shall be made by July 31 for the preceding fiscal year.
Sec. 905. RCW 88.44.020 and 1991 c 200 s 902 are each amended to read as follows:
There is created the Washington state maritime commission to be known and designated and declared a corporate body. The powers and duties of the commission shall include the following:
(1) To adopt, rescind, and amend rules and orders for the exercise of its powers, which shall have the force and effect of the law when not inconsistent with existing laws;
(2) To administer and enforce the provisions of this chapter, and do all things reasonably necessary to effectuate the purposes of this chapter;
(3) To employ, and at its pleasure discharge, a manager, secretary, agents, attorneys, consultants, companies, organizations, and employees as it deems necessary, and to prescribe their duties and powers and fix their compensation;
(4) To establish offices, incur expenses, enter into contracts, and create such liabilities as may be reasonable for the proper administration and enforcement of this chapter;
(5) To assess vessels transiting the waters of this state, to collect such assessments, investigate violations, and enforce the provisions of this chapter, except for vessels which transit upon the portion of the Columbia river that runs between the states of Washington and Oregon;
(6) To keep accurate record of all of its dealings, which shall be open to inspection and audit by the state auditor;
(7) To sue and be sued, adopt a corporate seal, and have all of the powers of a corporation;
(8) To expend funds for commission-related education and training programs as the commission deems appropriate;
(9) To borrow money and incur indebtedness;
(10) To establish an oil spill first response system, except for vessels which transit upon the portion of the Columbia river that runs between the states of Washington and Oregon. This system will provide a mandatory emergency response communications network for vessels involved in commerce in Washington waters, and provide an immediate response to such vessels which, for whatever reason, discharge oil into the state's waters. In the event of an oil spill or threatened oil spill, the system must be able to provide a complete response for the first twenty-four hours after the initial report, which may include, but not be limited to, as needed, response vessel or vessels, boom equipment, skimmers, qualified personnel, and wildlife care centers.
The commission may establish, by or before July 1, 1992, an oil spill first response system for vessels which transit upon the portion of the Columbia river that runs between the states of Washington and Oregon;
(11) To enter into contracts with cleanup contractors to provide spill response, or with other organizations or companies for communication services;
(12) To recover oil spill first response system costs from a responsible vessel owner or operator in the event of a spill or threatened release;
(13) To hold response readiness drills with state and federal agencies;
(14) To work with other states' and countries' maritime organizations, cleanup cooperatives, and governmental response agencies;
(15) To develop an oil spill contingency plan to comply with state statutes and rules for those vessels covered by the commission, except for vessels operating on the portion of the Columbia river that runs between the states of Washington and Oregon. The commission shall develop an oil spill contingency plan for vessels which transit upon the portion of the Columbia river that runs between the states of Washington and Oregon, not later than January 1, 1993;
(16) To develop a data base from existing information sources, of accidents, groundings, near misses, and oil discharges of all cargo and passenger vessels entering the waters of the state and to report any such information to the office of marine safety for the purposes of preparing a summary of accidents and near miss incidents; and
(17) To report annually to the governor, the office of marine safety, and the appropriate standing committees of the legislature on the commission's work and the number of incidents to which the commission's first response system has responded, and make recommendations to improve the safety of maritime transportation.
(18) The commission shall reimburse the oil spill administration account prior to July 1, 1995, from the assessments authorized under RCW 88.44.100 for the development and maintenance by the office of marine safety of a data base pursuant to subsection (16) of this section. The minimum reimbursement shall be one hundred fifty-two thousand dollars for costs incurred in the 1991-93 and the 1993-95 biennia by the office of marine safety.
Sec. 906. RCW 90.56.510 and 1993 c 162 s 2 are each amended to read as follows:
(1) The oil spill administration account is created in the state treasury. All receipts from RCW 82.23B.020(2) shall be deposited in the account. Moneys from the account may be spent only after appropriation. The account is subject to allotment procedures under chapter 43.88 RCW. On July 1 of each odd-numbered year, if receipts deposited in the account from the tax imposed by RCW 82.23B.020(2) for the previous fiscal biennium exceed the amount appropriated from the account for the previous fiscal biennium, the state treasurer shall transfer the amount of receipts exceeding the appropriation to the oil spill response account. If, on the first day of any calendar month, the balance of the oil spill response account is greater than twenty-five million dollars and the balance of the oil spill administration account exceeds the unexpended appropriation for the current biennium, then the tax under RCW 82.23B.020(2) shall be suspended on the first day of the next calendar month until the beginning of the following biennium, provided that the tax shall not be suspended during the last six months of the biennium. If the tax imposed under RCW 82.23B.020(2) is suspended during two consecutive biennia, the department shall by November 1st after the end of the second biennium, recommend to the appropriate standing committees an adjustment in the tax rate. For the ((period 1991-93)) biennium ending June 30, 1995, the state treasurer may transfer funds from the oil spill response account to the oil spill administration account in amounts necessary to support appropriations made from the oil spill administration account in the omnibus appropriations act adopted not later than June 30, 1994.
(2) Expenditures from the oil spill administration account shall be used exclusively for the administrative costs related to the purposes of this chapter, and chapters 90.48, 88.40, and 88.46 RCW. Starting with the 1995-1997 biennium, the legislature shall give activities of state agencies related to prevention of oil spills priority in funding from the oil spill administration account. Costs of administration include the costs of:
(a) Routine responses not covered under RCW 90.56.500;
(b) Management and staff development activities;
(c) Development of rules and policies and the state-wide plan provided for in RCW 90.56.060;
(d) Facility and vessel plan review and approval, drills, inspections, investigations, enforcement, and litigation;
(e) Interagency coordination and public outreach and education;
(f) Collection and administration of the tax provided for in chapter 82.23B RCW; and
(g) Appropriate travel, goods and services, contracts, and equipment.
NEW SECTION. Sec. 907. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 908. 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 shall take effect immediately.
Signed by Representatives Sommers, Chair; Valle, Vice Chair; Appelwick; Basich; Dellwo; Dorn; Dunshee; Jacobsen; Lemmon; Leonard; Linville; H. Myers; Peery; Rust; Wang; Wineberry and Wolfe.
MINORITY recommendation: Do not pass. Signed by Representatives Silver, Ranking Minority Member; Ballasiotes; Cooke; G. Fisher; Foreman; Sehlin; Sheahan; Stevens and Talcott.
Excused: Representative Carlson; Assistant Ranking Minority Member.
Passed to Committee on Rules for second reading.
February 24, 1994
SB 6254 Prime Sponsor, Fraser: Authorizing counties to file claims against escheat property for funeral or burial expenses of indigent persons. Reported by Committee on Local Government
MAJORITY recommendation: Do pass. Signed by Representatives H. Myers, Chair; Springer, Vice Chair; Edmondson, Ranking Minority Member; Reams, Assistant Ranking Minority Member; Dunshee; R. Fisher; Horn; Moak; Rayburn; Van Luven and Zellinsky.
Passed to Committee on Rules for second reading.
February 23, 1994
E2SSB 6255 Prime Sponsor, Committee on Ways & Means: Changing provisions relating to children removed from the custody of parents. Reported by Committee on Human Services
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 13.34.030 and 1993 c 241 s 1 are each amended to read as follows:
For purposes of this chapter:
(1) "Child" and "juvenile" means any individual under the age of eighteen years((;)).
(2) "Current placement episode" means the period of time that begins with the most recent date that the child was removed from the home of the parent, guardian, or legal custodian for purposes of placement in out-of-home care and continues until the child returns home, an adoption decree or guardianship order is entered, or the dependency is dismissed, whichever occurs soonest. If the most recent date of removal occurred prior to the filing of a dependency petition under this chapter or after filing but prior to entry of a disposition order, such time periods shall be included when calculating the length of a child's current placement episode.
(3) "Dependency guardian" means the person, nonprofit corporation, or Indian tribe appointed by the court pursuant to RCW 13.34.232 for the limited purpose of assisting the court in the supervision of the dependency.
(4) "Dependent child" means any child:
(a) Who has been abandoned; that is, where the child's parent, guardian, or other custodian has evidenced either by statement or conduct, a settled intent to forego, for an extended period, all parental rights or all parental responsibilities despite an ability to do so;
(b) Who is abused or neglected as defined in chapter 26.44 RCW by a person legally responsible for the care of the child;
(c) Who has no parent, guardian, or custodian capable of adequately caring for the child, such that the child is in circumstances which constitute a danger of substantial damage to the child's psychological or physical development; or
(d) Who has a developmental disability, as defined in RCW 71A.10.020 and whose parent, guardian, or legal custodian together with the department determines that services appropriate to the child's needs can not be provided in the home. However, (a), (b), and (c) of this subsection may still be applied if other reasons for removal of the child from the home exist((;)).
(((3))) (5) "Guardian" means the person or agency that: (a) Has been appointed as the guardian of a child in a legal proceeding other than a proceeding under this chapter; and (b) has the legal right to custody of the child pursuant to such appointment. The term "guardian" shall not include a "dependency guardian" appointed pursuant to a proceeding under this chapter.
(6) "Guardian ad litem" means a person, appointed by the court to represent the best interest of a child in a proceeding under this chapter, or in any matter which may be consolidated with a proceeding under this chapter. A "court-appointed special advocate" appointed by the court to be the guardian ad litem for the child, or to perform substantially the same duties and functions as a guardian ad litem, shall be deemed to be guardian ad litem for all purposes and uses of this chapter((;)).
(((4))) (7) "Guardian ad litem program" means a court-authorized volunteer program, which is or may be established by the superior court of the county in which such proceeding is filed, to manage all aspects of volunteer guardian ad litem representation for children alleged or found to be dependent. Such management shall include but is not limited to: Recruitment, screening, training, supervision, assignment, and discharge of volunteers.
(8) "Out-of-home care" means placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child's parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW.
(9) "Preventive services" means family preservation services and other services delivered primarily in the home, that are reasonably capable of reducing or avoiding the need for unnecessary foster care placement.
Sec. 2. RCW 13.34.120 and 1993 c 412 s 8 are each amended to read as follows:
(1) To aid the court in its decision on disposition, a social study, consisting of a written evaluation of matters relevant to the disposition of the case, shall be made by the person or agency filing the petition. The study shall include all social records and may also include facts relating to the child's cultural heritage, and shall be made available to the court. The court shall consider the social file, social study, guardian ad litem report, the court-appointed special advocates report, if any, and any reports filed by a party at the disposition hearing in addition to evidence produced at the fact-finding hearing. At least ten working days before the disposition hearing, the department shall mail to the parent and his or her attorney a copy of the agency's social study and proposed service plan, which shall be in writing or in a form understandable to the parents or custodians. In addition, the department shall provide an opportunity for parents to review and comment on the plan at the community service office. If the parents disagree with the agency's plan or any part thereof, the parents shall submit to the court at least twenty-four hours before the hearing, in writing, or signed oral statement, an alternative plan to correct the problems which led to the finding of dependency. This section shall not interfere with the right of the parents or custodians to submit oral arguments regarding the disposition plan at the hearing.
(2) In addition to the requirements set forth in subsection (1) of this section, a predisposition study to the court in cases of dependency alleged pursuant to RCW 13.34.030(2) (b) or (c) shall contain the following information:
(a) A statement of the specific harm or harms to the child that intervention is designed to alleviate;
(b) A description of the specific programs, for both the parents and child, that are needed in order to prevent serious harm to the child; the reasons why such programs are likely to be useful; the availability of any proposed services; and the agency's overall plan for ensuring that the services will be delivered;
(c) If removal is recommended, a full description of the reasons why the child cannot be protected adequately in the home, including a description of any previous efforts to work with the parents and the child in the home; the in-home treatment programs which have been considered and rejected; the preventive services, including those authorized under RCW 74.14C.070, designed to address the causes of the dependency that have been provided and have failed to resolve the problem, unless the best interest of the child cannot be protected adequately in the home; and the parents' attitude toward placement of the child;
(d) A statement of the likely harms the child will suffer as a result of removal. This section should include an exploration of the nature of the parent-child attachment and the meaning of separation and loss to both the parents and the child;
(e) A description of the steps that will be taken to minimize harm to the child that may result if separation occurs; and
(f) Behavior that will be expected before determination that supervision of the family or placement is no longer necessary.
Sec. 3. RCW 74.14C.070 and 1992 c 214 s 9 are each amended to read as follows:
After July 1, 1993, the secretary of social and health services, or the secretary's regional designee, may transfer funds appropriated for foster care services to purchase family preservation services and other preventive services for children at imminent risk of foster care placement. The secretary shall notify the appropriate committees of the senate and house of representatives of any transfers under this section. The secretary shall include caseload, expenditure, cost avoidance, identified improvements to the foster care system, and outcome data related to the transfer in the notification.
Sec. 4. RCW 13.34.130 and 1992 c 145 s 14 are each amended to read as follows:
If, after a fact-finding hearing pursuant to RCW 13.34.110, ((as now or hereafter amended,)) it has been proven by a preponderance of the evidence that the child is dependent within the meaning of RCW 13.34.030(((2))); after consideration of the predisposition report prepared pursuant to RCW 13.34.110 and after a disposition hearing has been held pursuant to RCW 13.34.110, the court shall enter an order of disposition pursuant to this section.
(1) The court shall order one of the following dispositions of the case:
(a) Order a disposition other than removal of the child from his or her home, which shall provide a program designed to alleviate the immediate danger to the child, to mitigate or cure any damage the child has already suffered, and to aid the parents so that the child will not be endangered in the future. In selecting a program, the court should choose those services that least interfere with family autonomy, provided that the services are adequate to protect the child.
(b) Order that the child be removed from his or her home and ordered into the custody, control, and care of a relative or the department of social and health services or a licensed child placing agency for placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to chapter 74.15 RCW, only after a finding that preventive services, including those authorized under RCW 74.14C.070, designed to address the causes of the dependency have been provided and have failed to resolve the problem, unless the best interest of the child cannot be protected adequately in the home. Unless there is reasonable cause to believe that the safety or welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered, such child shall be placed with a grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin with whom the child has a relationship and is comfortable, and who is willing and available to care for the child. An order for out-of-home placement may be made only if the court finds that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home, specifying the services that have been provided to the child and the child's parent, guardian, or legal custodian, and that preventive services, including those authorized under RCW 74.14C.070, designed to address the causes of the dependency have been provided and have failed to resolve the problem, unless the best interest of the child cannot be protected adequately in the home, and that:
(i) There is no parent or guardian available to care for such child;
(ii) The parent, guardian, or legal custodian is not willing to take custody of the child;
(iii) A manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home and an order under RCW 26.44.063 would not protect the child from danger; or
(iv) The extent of the child's disability is such that the parent, guardian, or legal custodian is unable to provide the necessary care for the child and the parent, guardian, or legal custodian has determined that the child would benefit from placement outside of the home.
(2) If the court has ordered a child removed from his or her home pursuant to subsection (1)(b) of this section, the court may order that a petition seeking termination of the parent and child relationship be filed if the court finds it is recommended by the supervising agency, that it is in the best interests of the child and that it is not reasonable to provide further services to reunify the family because the existence of aggravated circumstances make it unlikely that services will effectuate the return of the child to the child's parents in the near future. In determining whether aggravated circumstances exist, the court shall consider one or more of the following:
(a) Conviction of the parent of rape of the child in the first, second, or third degree as defined in RCW 9A.44.073, 9A.44.076, and 9A.44.079;
(b) Conviction of the parent of criminal mistreatment of the child in the first or second degree as defined in RCW 9A.42.020 and 9A.42.030;
(c) Conviction of the parent of one of the following assault crimes, when the child is the victim: Assault in the first or second degree as defined in RCW 9A.36.011 and 9A.36.021 or assault of a child in the first or second degree as defined in RCW 9A.36.120 or 9A.36.130;
(d) Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child;
(e) A finding by a court that a parent is a sexually violent predator as defined in RCW 71.09.020;
(f) Failure of the parent to complete available treatment ordered under this chapter or the equivalent laws of another state, where such failure has resulted in a prior termination of parental rights to another child and the parent has failed to effect significant change in the interim.
(3) Whenever a child is ordered removed from the child's home, the agency charged with his or her care shall provide the court with:
(a) ((A permanent plan of care that may include one of the following: Return of the child to the home of the child's parent, adoption, guardianship, or long-term placement with a relative or in foster care with a written agreement.)) A permanency plan of care that shall identify one of the following outcomes as a primary goal and may identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; or long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider.
(b) Unless the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to return the child home, and what actions the agency will take to maintain parent-child ties. All aspects of the plan shall include the goal of achieving permanence for the child.
(i) The agency plan shall specify what services the parents will be offered in order to enable them to resume custody, what requirements the parents must meet in order to resume custody, and a time limit for each service plan and parental requirement.
(ii) The agency shall be required to encourage the maximum parent-child contact possible, including regular visitation and participation by the parents in the care of the child while the child is in placement. Visitation may be limited or denied only if the court determines that such limitation or denial is necessary to protect the child's health, safety, or welfare.
(iii) A child shall be placed as close to the child's home as possible, preferably in the child's own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child's or parents' well-being.
(iv) The agency charged with supervising a child in placement shall provide all reasonable services that are available within the agency, or within the community, or those services which the department of social and health services has existing contracts to purchase. It shall report to the court if it is unable to provide such services.
(c) If the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to achieve permanency for the child, services to be offered or provided to the child, and, if visitation would be in the best interests of the child, a recommendation to the court regarding visitation between parent and child pending a fact-finding hearing on the termination petition. The agency shall not be required to develop a plan of services for the parents or provide services to the parents.
(4) If there is insufficient information at the time of the disposition hearing upon which to base a determination regarding the suitability of a proposed placement with a relative, the child shall remain in foster care and the court shall direct the supervising agency to conduct necessary background investigations as provided in chapter 74.15 RCW and report the results of such investigation to the court within thirty days. However, if such relative appears otherwise suitable and competent to provide care and treatment, the criminal history background check need not be completed before placement, but as soon as possible after placement. Any placements with relatives, pursuant to this section, shall be contingent upon cooperation by the relative with the agency case plan and compliance with court orders related to the care and supervision of the child including, but not limited to, court orders regarding parent-child contacts and any other conditions imposed by the court. Noncompliance with the case plan or court order shall be grounds for removal of the child from the relative's home, subject to review by the court.
(5) Except for children whose cases are reviewed by a citizen review board under chapter 13.70 RCW, the status of all children found to be dependent shall be reviewed by the court at least every six months from the beginning date of the placement episode or the date dependency is established, whichever is first, at a hearing in which it shall be determined whether court supervision should continue. The review shall include findings regarding the agency and parental completion of disposition plan requirements, and if necessary, revised permanency time limits.
(a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth in this section no longer exists. The parents, guardian, or legal custodian shall report to the court the efforts they have made to correct the conditions which led to removal. If a child is returned, casework supervision shall continue for a period of six months, at which time there shall be a hearing on the need for continued intervention.
(b) If the child is not returned home, the court shall establish in writing:
(i) Whether reasonable services have been provided to or offered to the parties to facilitate reunion, specifying the services provided or offered;
(ii) Whether the child has been placed in the least-restrictive setting appropriate to the child's needs, including whether consideration has been given to placement with the child's relatives;
(iii) Whether there is a continuing need for placement and whether the placement is appropriate;
(iv) Whether there has been compliance with the case plan by the child, the child's parents, and the agency supervising the placement;
(v) Whether progress has been made toward correcting the problems that necessitated the child's placement in out-of-home care;
(vi) Whether the parents have visited the child and any reasons why visitation has not occurred or has been infrequent;
(vii) Whether additional services are needed to facilitate the return of the child to the child's parents; if so, the court shall order that reasonable services be offered specifying such services; and
(viii) The projected date by which the child will be returned home or other permanent plan of care will be implemented.
(c) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed.
Sec. 5. RCW 13.34.145 and 1993 c 412 s 1 are each amended to read as follows:
(1) ((In all cases where a child has been placed in substitute care for at least fifteen months, the agency having custody of the child shall prepare a permanency plan and present it in a hearing held before the court no later than eighteen months following commencement of the placement episode.
(2) At the permanency planning hearing, the court shall enter findings as required by RCW 13.34.130(5). In addition the court shall: (a) Approve a permanency plan which shall include one of the following: Adoption, guardianship, placement of the child in the home of the child's parent, relative placement with written permanency plan, or family foster care with written permanency agreement; (b) require filing of a petition for termination of parental rights; or (c) dismiss the dependency, unless the court finds, based on clear, cogent, and convincing evidence, that it is in the best interest of the child to continue the dependency beyond eighteen months, based on the permanency plan. Extensions may only be granted in increments of twelve months or less.)) A permanency plan shall be developed no later than sixty days from the time the supervising agency assumes responsibility for providing services, including placing the child, or at the time of a hearing under RCW 13.34.130, whichever occurs first. The permanency planning process continues until a permanency planning goal is achieved or dependency is dismissed. The planning process shall include reasonable efforts to return the child to the parent's home.
(a) Whenever a child is placed in out-of-home care pursuant to RCW 13.34.130, the agency that has custody of the child shall provide the court with a written permanency plan of care directed towards securing a safe, stable, and permanent home for the child as soon as possible. The plan shall identify one of the following outcomes as the primary goal and may also identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; or long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider.
(b) The identified outcomes and goals of the permanency plan may change over time based upon the circumstances of the particular case.
(c) Permanency planning goals should be achieved at the earliest possible date, preferably before the child has been in out-of-home care for nine months.
(2) A permanency planning hearing shall be held in all cases where a child has remained in out-of-home care for at least nine months and an adoption decree or guardianship order has not previously been entered. The hearing shall take place no later than twelve months following commencement of the current placement episode.
(3) Whenever a child is removed from the home of a dependency guardian or long-term relative or foster care provider, and the child is not returned to the home of the parent, guardian, or legal custodian but is placed in out-of-home care, a permanency planning hearing shall take place no later than twelve months following the date of removal unless, prior to the hearing, the child returns to the home of the dependency guardian or long-term care provider, the child is placed in the home of the parent, guardian, or legal custodian, an adoption decree or guardianship order is entered, or the dependency is dismissed.
(4) No later than ten working days prior to the permanency planning hearing, the agency having custody of the child shall submit a written permanency plan to the court and shall mail a copy of the plan to all parties and their legal counsel, if any.
(5) At the permanency planning hearing, the court shall enter findings as required by RCW 13.34.130(5) and shall review the permanency plan prepared by the agency. If a goal of long-term foster or relative care has been achieved prior to the permanency planning hearing, the court shall review the child's status to determine whether the placement and the plan for the child's care remain appropriate. In cases where the primary permanency planning goal has not yet been achieved, the court shall inquire regarding the reasons why the primary goal has not been achieved and determine what needs to be done to make it possible to achieve the primary goal. In all cases, the court shall:
(a)(i) Order the permanency plan prepared by the agency to be implemented; or
(ii) Modify the permanency plan, and order implementation of the modified plan; and
(b)(i) Order the child returned home only if the court finds that a reason for removal as set forth in RCW 13.34.130 no longer exists; or
(ii) Order the child to remain in out-of-home care for a limited specified time period while efforts are made to implement the permanency plan.
(6) If the court orders the child returned home, casework supervision shall continue for at least six months, at which time a review hearing shall be held pursuant to RCW 13.34.130(5), and the court shall determine the need for continued intervention.
(7) Following the first permanency planning hearing, the court shall hold a further permanency planning hearing in accordance with this section at least once every twelve months until a permanency planning goal is achieved or the dependency is dismissed, whichever occurs first.
(8) Except as otherwise provided in RCW 13.34.235, the status of all dependent children shall continue to be reviewed by the court at least once every six months, in accordance with RCW 13.34.130(5), until the dependency is dismissed. Prior to the second permanency planning hearing, the agency that has custody of the child shall consider whether to file a petition for termination of parental rights.
(9) Nothing in this chapter may be construed to limit the ability of the agency that has custody of the child to file a petition for termination of parental rights or a guardianship petition at any time following the establishment of dependency. Upon the filing of such a petition, a fact-finding hearing shall be scheduled and held in accordance with this chapter unless the agency requests dismissal of the petition prior to the hearing or unless the parties enter an agreed order terminating parental rights, establishing guardianship, or otherwise resolving the matter.
(10) The approval of a permanency plan that does not contemplate return of the child to the parent does not relieve the supervising agency of its obligation to provide reasonable services, under this chapter, intended to effectuate the return of the child to the parent, including but not limited to, visitation rights.
(11) Nothing in this chapter may be construed to limit the procedural due process rights of any party in a termination or guardianship proceeding filed under this chapter.
Sec. 6. RCW 13.34.231 and 1981 c 195 s 2 are each amended to read as follows:
At the hearing on a dependency guardianship petition, all parties have the right to present evidence and cross examine witnesses. The rules of evidence apply to the conduct of the hearing. A guardianship ((may)) shall be established if the court finds by a preponderance of the evidence that:
(1) The child has been found to be a dependent child under RCW 13.34.030(((2)));
(2) A dispositional order has been entered pursuant to RCW 13.34.130;
(3) The child has been removed or will, at the time of the hearing, have been removed from the custody of the parent for a period of at least six months pursuant to a finding of dependency under RCW 13.34.030(((2)));
(4) The services ordered under RCW 13.34.130 have been offered or provided and all necessary services, reasonably available, capable of correcting the parental deficiencies within the foreseeable future have been offered or provided;
(5) There is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future; and
(6) A guardianship, rather than termination of the parent-child relationship or continuation of ((the child's current dependent status)) efforts to return the child to the custody of the parent, would be in the best interest of the ((family)) child.
Sec. 7. RCW 13.34.232 and 1993 c 412 s 4 are each amended to read as follows:
(1) If the court has made a finding under RCW 13.34.231, it shall enter an order establishing a dependency guardianship for the child. The order shall:
(((1))) (a) Appoint a person or agency to serve as dependency guardian for the limited purpose of assisting the court to supervise the dependency;
(((2))) (b) Specify the dependency guardian's rights and responsibilities concerning the care, custody, and control of the child. A dependency guardian shall not have the authority to consent to the child's adoption;
(((3))) (c) Specify the dependency guardian's authority, if any, to receive, invest, and expend funds, benefits, or property belonging to the child;
(d) Specify an appropriate frequency of visitation between the parent and the child; and
(((4))) (e) Specify the need for any continued involvement of the supervising agency and the nature of that involvement, if any.
((The order shall not affect the child's status as a dependent child, and the child shall remain dependent for the duration of the guardianship.))
(2) Unless the court specifies otherwise in the guardianship order, the dependency guardian shall maintain the physical custody of the child and have the following rights and duties:
(a) Protect, discipline, and educate the child;
(b) Provide food, clothing, shelter, education as required by law, and routine health care for the child;
(c) Consent to necessary health and surgical care and sign a release of health care information to appropriate authorities, pursuant to law;
(d) Consent to social and school activities of the child; and
(e) Provide an annual written accounting to the court regarding receipt by the dependency guardian of any funds, benefits, or property belonging to the child and expenditures made therefrom.
(3) As used in this section, the term "health care" includes, but is not limited to, medical, dental, psychological, and psychiatric care and treatment.
(4) The child shall remain dependent for the duration of the guardianship. While the guardianship remains in effect, the dependency guardian shall be a party to any dependency proceedings pertaining to the child.
(5) The guardianship shall remain in effect only until the child is eighteen years of age or until the court terminates the guardianship order, whichever occurs sooner.
Sec. 8. RCW 13.34.233 and 1981 c 195 s 4 are each amended to read as follows:
(1) Any party may ((seek a modification of the)) request the court to modify or terminate a dependency guardianship order under RCW 13.34.150. Notice of any motion to modify or terminate the guardianship shall be served on all other parties, including any agency that was responsible for supervising the child's placement at the time the guardianship petition was filed. Notice shall in all cases be served upon the department of social and health services. If the department was not previously a party to the guardianship proceeding, the department shall nevertheless have the right to initiate a proceeding to modify or terminate a guardianship and the right to intervene at any stage of such a proceeding.
(2) The guardianship may be modified or terminated upon the motion of any party or the department if the court finds by a preponderance of the evidence that there has been a change of circumstances subsequent to the establishment of the guardianship and that it is in the child's best interest to modify or terminate the guardianship. Unless all parties agree to entry of an order modifying or terminating the guardianship, the court shall hold a hearing on the motion.
(3) Upon entry of an order terminating the guardianship, the dependency guardian shall not have any rights or responsibilities with respect to the child and shall not have legal standing to participate as a party in further dependency proceedings pertaining to the child. The court may allow the child's dependency guardian to attend dependency review proceedings pertaining to the child for the sole purpose of providing information about the child to the court.
(4) Upon entry of an order terminating the guardianship, the child shall remain dependent and the court shall either return the child to the child's parent or order the child into the custody, control, and care of the department of social and health services or a licensed child- placing agency for placement in a foster home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to such chapter. The court shall not place a child in the custody of the child's parent unless the court finds that a reason for removal as set forth in RCW 13.34.130 no longer exists and that such placement is in the child's best interest. The court shall thereafter conduct reviews as provided in RCW 13.34.130(5) and, where applicable, shall hold a permanency planning hearing in accordance with RCW 13.34.145.
Sec. 9. RCW 13.34.234 and 1981 c 195 s 5 are each amended to read as follows:
Establishment of a dependency guardianship under RCW 13.34.231 and 13.34.232 does not preclude ((a)) the dependency guardian from receiving foster care payments.
Sec. 10. RCW 13.34.236 and 1981 c 195 s 7 are each amended to read as follows:
(1) Any person over the age of twenty-one years who is not otherwise disqualified by this section, any nonprofit corporation, or any Indian tribe may be appointed the dependency guardian of a child under RCW 13.34.232. No person is qualified to serve as a dependency guardian ((who: (1) Is of unsound mind; (2) has been convicted of a felony or misdemeanor involving moral turpitude; or (3) is a person whom the court finds unsuitable)) unless the person meets the minimum requirements to care for children as provided in RCW 74.15.030.
(2) If the preferences of a child's parent were not considered under RCW 13.34.260 as they relate to the proposed dependency guardian, the court shall consider such preferences before appointing the dependency guardian."
Signed by Representatives Leonard, Chair; Thibaudeau, Vice Chair; Cooke, Ranking Minority Member; Talcott, Assistant Ranking Minority Member; Brown; Caver; Karahalios; Lisk; Padden; Patterson; Riley and Wolfe.
Referred to Committee on Appropriations.
February 24, 1994
SSB 6273 Prime Sponsor, Committee on Education: Allowing retired teachers to work in educational institutions for ninety days per school year without a reduction in benefits. Reported by Committee on Education
MAJORITY recommendation: Do pass. Signed by Representatives Dorn, Chair; Cothern, Vice Chair; Brough, Ranking Minority Member; B. Thomas, Assistant Ranking Minority Member; Brumsickle; Carlson; G. Cole; Eide; Hansen; Holm; Jones; Karahalios; J. Kohl; Pruitt; Roland; Stevens and L. Thomas.
Excused: Representatives G. Fisher and Patterson.
Passed to Committee on Rules for second reading.
February 23, 1994
2SSB 6276 Prime Sponsor, Committee on Ways & Means: Regulating trademarks. Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass. Signed by Representatives Heavey, Chair; G. Cole, Vice Chair; Lisk, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Conway; Horn; King; Springer and Veloria.
Passed to Committee on Rules for second reading.
February 23, 1994
SB 6297 Prime Sponsor, Moore: Eliminating the requirement for revenue stamps on beer packages and containers. Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass. Signed by Representatives Heavey, Chair; G. Cole, Vice Chair; Lisk, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Conway; Horn; King; Springer and Veloria.
Passed to Committee on Rules for second reading.
February 23, 1994
SSB 6298 Prime Sponsor, Committee on Labor & Commerce: Improving the licensing and enforcement sections of the Washington State Liquor Act. Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass with the following amendment:
On page 2, beginning on line 11, strike all of section 2
Signed by Representatives Heavey, Chair; G. Cole, Vice Chair; Lisk, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Conway; Horn; King; Springer and Veloria.
Passed to Committee on Rules for second reading.
February 23, 1994
SB 6311 Prime Sponsor, Prentice: Adjusting permanent partial disability payments using the state average wage. Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass. Signed by Representatives Heavey, Chair; G. Cole, Vice Chair; Lisk, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Conway; Horn; King; Springer and Veloria.
Passed to Committee on Rules for second reading.
February 23, 1994
SB 6345 Prime Sponsor, Skratek: Expediting the merger of the departments of community development and trade and economic development. Reported by Committee on State Government
MAJORITY recommendation: Do pass. Signed by Representatives Anderson, Chair; Veloria, Vice Chair; Reams, Ranking Minority Member; L. Thomas, Assistant Ranking Minority Member; Campbell; Conway; Dyer; King and Pruitt.
Passed to Committee on Rules for second reading.
February 23, 1994
SB 6346 Prime Sponsor, Owen: Expediting the merger of the departments of fisheries and wildlife. Reported by Committee on State Government
MAJORITY recommendation: Do pass. Signed by Representatives Anderson, Chair; Veloria, Vice Chair; Reams, Ranking Minority Member; L. Thomas, Assistant Ranking Minority Member; Campbell; Conway; Dyer; King and Pruitt.
Passed to Committee on Rules for second reading.
February 22, 1994
ESB 6356 Prime Sponsor, Quigley: Providing an exception to the requirement that cigarette machines be located fully within premises from which minors are prohibited. Reported by Committee on Health Care
MAJORITY recommendation: Do pass with the following amendment:
On page 1, strike everything after the enacting clause and insert
"Sec. 1. RCW 70.155.030 and 1993 c 507 s 4 are each amended to read as follows:
No person shall sell or permit to be sold any tobacco product through any device that mechanically dispenses tobacco products unless the device is located fully within premises from which minors are prohibited or in industrial worksites where minors are not employed and not less than ten feet from all entrance or exit ways to and from each premise((s)). The board shall adopt rules that allow an exception to the requirement that a device be located not less than ten feet from all entrance or exit ways to and from a premise if it is architecturally impractical for the device to be located not less than ten feet from all entrance and exit ways."
Signed by Representatives Dellwo, Chair; L. Johnson, Vice Chair; Dyer, Ranking Minority Member; Ballasiotes, Assistant Ranking Minority Member; Backlund; Conway; Cooke; Flemming; R. Johnson; Lemmon; Lisk; Mastin; Morris; Thibaudeau and Veloria.
Excused: Representative Appelwick.
Passed to Committee on Rules for second reading.
February 23, 1994
SB 6367 Prime Sponsor, Moore: Regulating microbreweries. Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass. Signed by Representatives Heavey, Chair; G. Cole, Vice Chair; Lisk, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Conway; Horn; King; Springer and Veloria.
Passed to Committee on Rules for second reading.
February 23, 1994
SSB 6368 Prime Sponsor, Committee on Government Operations: Permitting earlier filing of declarations of candidacy. Reported by Committee on State Government
MAJORITY recommendation: Do pass. Signed by Representatives Anderson, Chair; Veloria, Vice Chair; Reams, Ranking Minority Member; L. Thomas, Assistant Ranking Minority Member; Campbell; Conway; Dyer; King and Pruitt.
Passed to Committee on Rules for second reading.
February 23, 1994
SB 6377 Prime Sponsor, Moore: Compensating insurance brokers. Reported by Committee on Financial Institutions & Insurance
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 48.17.270 and 1993 c 455 s 1 are each amended to read as follows:
(1) A licensed agent may be licensed as a broker and be a broker as to insurers for which the licensee is not then appointed as agent. A licensed broker may be licensed as and be an agent as to insurers appointing such agent. The sole relationship between a broker and an insurer as to which the licensee is appointed as an agent shall, as to transactions arising during the existence of such agency appointment, be that of insurer and agent. ((In a situation where an insurer has a special arrangement with respect to a particular insurance policy whereby it deals with brokers only, its appointed agents who are also licensed brokers may, with the approval of the insurer, participate in the arrangement and receive a broker's fee therefor, provided there is full disclosure of the facts to the insured or applicant for the insurance.))
(2) Unless the agency-insurer agreement provides to the contrary, an insurance agent licensed as a broker may, with respect to property and casualty insurance, receive the following compensation:
(a) A commission paid by the insurer;
(b) A fee paid by the insured; or
(c) A combination of commission paid by the insurer and a fee paid by the insured from which a broker may offset or reimburse the insured for all or part of the fee.
If the compensation received by an agent who is also licensed as a broker and who is dealing directly with the insured includes a fee, the full amount of compensation, including an explanation of any offset or reimbursement, must be disclosed in writing, signed by the broker and the insured, and the writing must be retained by the broker for not less than five years.
Sec. 2. RCW 48.18.180 and 1947 c 79 s .18.18 are each amended to read as follows:
(1) The premium stated in the policy shall be inclusive of all fees, charges, premiums, or other consideration charged for the insurance or for the procurement thereof.
(2) No insurer or its officer, employee, agent, solicitor, or other representative shall charge or receive any fee, compensation, or consideration for insurance which is not included in the premium specified in the policy.
(3) Each violation of this section is a gross misdemeanor.
(4) This section does not apply to a fee paid to a broker by an insured as provided in RCW 48.17.270.
Sec. 3. RCW 48.30.140 and 1990 1st ex.s. c 3 s 8 are each amended to read as follows:
(1) Except to the extent provided for in an applicable filing with the commissioner then in effect, no insurer, general agent, agent, broker, or solicitor shall, as an inducement to insurance, or after insurance has been effected, directly or indirectly, offer, promise, allow, give, set off, or pay to the insured or to any employee of the insured, any rebate, discount, abatement, or reduction of premium or any part thereof named in any insurance contract, or any commission thereon, or earnings, profits, dividends, or other benefit, or any other valuable consideration or inducement whatsoever which is not expressly provided for in the policy.
(2) Subsection (1) of this section shall not apply as to commissions paid to a licensed agent, general agent, broker, or solicitor for insurance placed on that person's own property or risks.
(3) This section shall not apply to the allowance by any marine insurer, or marine insurance agent, general agent, broker, or solicitor, to any insured, in connection with marine insurance, of such discount as is sanctioned by custom among marine insurers as being additional to the agent's or broker's commission.
(4) This section shall not apply to advertising or promotional programs conducted by insurers, agents, or brokers whereby prizes, goods, wares, or merchandise, not exceeding twenty-five dollars in value per person in the aggregate in any twelve month period, are given to all insureds or prospective insureds under similar qualifying circumstances.
(5) This section does not apply to an offset or reimbursement of all or part of a fee paid to a broker as provided in RCW 48.17.270.
Sec. 4. RCW 48.30.170 and 1947 c 79 s .30.17 are each amended to read as follows:
(1) No insured person shall receive or accept, directly or indirectly, any rebate of premium or part thereof, or any favor, advantage, share in dividends, or other benefits, or any valuable consideration or inducement not specified or provided for in the policy, or any commission on any insurance policy to which he or she is not lawfully entitled as a licensed agent, broker, or solicitor. The retention by the nominal policyholder in any group life insurance contract of any part of any dividend or reduction of premium thereon contrary to the provisions of RCW 48.24.260, shall be deemed the acceptance and receipt of a rebate and shall be punishable as provided by this code.
(2) The amount of insurance whereon the insured has so received or accepted any such rebate or any such commission, other than as to life or disability insurances, shall be reduced in the proportion that the amount or value of the rebate or commission bears to the premium for such insurance. In addition to such reduction of insurance, if any, any such insured shall be liable to a fine of not more than two hundred dollars.
(3) This section shall not apply to an offset or reimbursement of all or part of a fee paid to a broker as provided in RCW 48.17.270."
Signed by Representatives Zellinsky, Chair; Scott, Vice Chair; Mielke, Ranking Minority Member; Dyer, Assistant Ranking Minority Member; Anderson; Dellwo; Dorn; R. Johnson; Kessler; Kremen; Lemmon; Schmidt; Tate and L. Thomas.
Excused: Representatives Grant and R. Meyers.
Passed to Committee on Rules for second reading.
February 22, 1994
ESB 6404 Prime Sponsor, Wojahn: Excluding medical assistance administration reimbursement fees and schedules from the administrative procedure act. Reported by Committee on Health Care
MAJORITY recommendation: Do pass. Signed by Representatives Dellwo, Chair; L. Johnson, Vice Chair; Dyer, Ranking Minority Member; Ballasiotes, Assistant Ranking Minority Member; Backlund; Conway; Cooke; Flemming; R. Johnson; Lemmon; Lisk; Mastin; Morris; Thibaudeau and Veloria.
Excused: Representative Appelwick.
Passed to Committee on Rules for second reading.
February 23, 1994
SB 6408 Prime Sponsor, Spanel: Including tribal authorities in mental health systems. Reported by Committee on Human Services
MAJORITY recommendation: Do pass with the following amendment:
On page 6, line 27, strike "includes" and insert "means"
Signed by Representatives Leonard, Chair; Thibaudeau, Vice Chair; Cooke, Ranking Minority Member; Talcott, Assistant Ranking Minority Member; Brown; Caver; Karahalios; Lisk; Padden; Patterson and Wolfe.
Excused: Representative Riley.
Passed to Committee on Rules for second reading.
February 23, 1994
SSB 6421 Prime Sponsor, Committee on Health & Human Services: Requiring standards for long-term care insurance. Reported by Committee on Financial Institutions & Insurance
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that the citizens of Washington state are concerned about the costs of long-term care. A significant amount of long-term care costs are provided at public expense, adding to the costs of the health care system. Many individuals are driven to poverty, depleting their assets to pay for long-term care.
One method of providing for adequate long-term care is the purchase of private long-term care insurance coverage. In recent years, many insurance products have been developed to provide such coverage.
However, despite the provisions of Washington state's long-term care insurance act, consumers wishing to purchase long-term care insurance are often faced with an array of difficult to understand provisions, and, in many cases, the policies they purchase may not include the protection they hoped to achieve.
The legislature finds that, in order to conserve public resources and encourage the accessibility of long-term care insurance, clear, accurate, and understandable disclosure of the provisions of the policies marketed in Washington state is essential. Informed consumers can then make optimal choices for themselves.
NEW SECTION. Sec. 2. A new section is added to chapter 48.84 RCW to read as follows:
(1) The commissioner shall review, with public input, the existing minimum standards in rule for long-term care insurance. The minimum standards shall be reviewed by the commissioner to assure that they include:
(a) Clear, accurate, concise, and simple statements for the consumer about the policy being marketed, including the following elements:
(i) Whether the policy contains inflation protection, and, if so, how the amount of protection is determined, and the amount of premium allocated to inflation protection;
(ii) Whether the policy has exclusions of coverage for specific events or conditions, such as war, felony participation, intentionally self-inflicted injuries, or suicide attempts;
(iii) Whether the policy provides for nonforfeiture of benefits, and, if so, the additional premium cost, if any, of the nonforfeiture provision, and a clear description of its meaning.
(b) A clear statement of any grounds for nonrenewal applicable under the policy or contract.
(c) A clear description of how the long-term care policy differs from supplemental medicare, also known as, "medi-gap" insurance. A statement that "This is not a medicare supplement policy" is not sufficient compliance with this section.
(d) The opportunity for the consumer to designate three nonliable persons who shall receive written notice if the policy is about to lapse for nonpayment of premium. In the event that nonpayment is due to cognitive impairment or loss of functional capacity of the insured, upon payment of premium by any willing party on the insured's behalf, the policy shall be reinstated within six months of the date of lapse or termination of the policy without evidence of insurability.
(e) The requirement that the person offering the insurance policy for sale must present, if requested by the consumer, an accurate statement of the most recent objective rating of the insurer's financial condition, such as Moody's Investors Service, A.M. Best's, Duff and Phelps, or Standard and Poor's, or other generally accepted, independent rating, not generated by the insurer itself.
(f) In addition to other written disclosure required, the salesperson must provide the consumer with a copy of the national association of insurance commissioners "Shopper's Guide," or a similar book produced by the commissioner, at the same time that any other written information is provided to the consumer.
(2) For long-term care insurance riders to life insurance policies, an accelerated death benefit shall be included as an option.
(3) The commissioner may establish by rule a meaningful sanction for unfair and deceptive failure to comply with the minimum standards in the advertisement, marketing, and sale of long-term care policies or contracts.
(4) The commissioner shall report to the health policy committees of the senate and house of representatives by December 1, 1994, on the development of the standards and recommend any future statutory changes that may be necessary to improve the standards and the level of compliance with the long-term care insurance rules adopted under the long-term care insurance act. Nothing in this subsection precludes the commissioner from adopting rules to accomplish the purposes of this section prior to reporting to the legislature.
(5) The governor shall seek the federal government's enactment of long-term care insurance premium deductibility tax credit, or other favorable tax treatment for federal income tax purposes."
Signed by Representatives Zellinsky, Chair; Scott, Vice Chair; Mielke, Ranking Minority Member; Dyer, Assistant Ranking Minority Member; Anderson; Dellwo; Dorn; R. Johnson; Kessler; Kremen; Lemmon; Schmidt; Tate and L. Thomas.
Excused: Representatives Grant and R. Meyers.
Passed to Committee on Rules for second reading.
February 22, 1994
SB 6491 Prime Sponsor, Vognild: Clarifying authority of regional transit authorities. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Representatives R. Fisher, Chair; Brown, Vice Chair; Jones, Vice Chair; Schmidt, Ranking Minority Member; Mielke, Assistant Ranking Minority Member; Backlund; Brumsickle; Cothern; Eide; Finkbeiner; Forner; Fuhrman; Hansen; Heavey; Horn; Johanson; J. Kohl; Orr; Quall; Romero; Sheldon; Shin; Wood and Zellinsky.
Excused: Representatives Brough, R. Meyers and Patterson.
Passed to Committee on Rules for second reading.
February 23, 1994
SSB 6492 Prime Sponsor, Committee on Agriculture: Regulating agricultural associations. Reported by Committee on Agriculture & Rural Development
MAJORITY recommendation: Do pass. Signed by Representatives Rayburn, Chair; Kremen, Vice Chair; Chandler, Ranking Minority Member; Schoesler, Assistant Ranking Minority Member; Chappell; Grant; Karahalios; McMorris and Roland.
Excused: Representative Lisk.
Passed to Committee on Rules for second reading.
February 24, 1994
ESB 6493 Prime Sponsor, Sutherland: Integrating the state energy strategy into statute. Reported by Committee on Energy & Utilities
MAJORITY recommendation: Do pass. Signed by Representatives Bray, Chair; Finkbeiner, Vice Chair; Casada, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Caver; Johanson; Kessler; Kremen and Long.
Referred to Committee on Appropriations.
February 23, 1994
SSB 6505 Prime Sponsor, Committee on Transportation: Providing for public facility transit security. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Representatives R. Fisher, Chair; Brown, Vice Chair; Jones, Vice Chair; Schmidt, Ranking Minority Member; Mielke, Assistant Ranking Minority Member; Backlund; Brough; Brumsickle; Cothern; Eide; Finkbeiner; Forner; Fuhrman; Hansen; Heavey; Horn; Johanson; J. Kohl; Orr; Patterson; Quall; Romero; Sheldon; Shin; Wood and Zellinsky.
Excused: Representative R. Meyers.
Passed to Committee on Rules for second reading.
February 23, 1994
SSB 6509 Prime Sponsor, Committee on Labor & Commerce: Acting in the case of impaired insurers. Reported by Committee on Financial Institutions & Insurance
MAJORITY recommendation: Do pass. Signed by Representatives Zellinsky, Chair; Scott, Vice Chair; Mielke, Ranking Minority Member; Dyer, Assistant Ranking Minority Member; Anderson; Dellwo; Dorn; R. Johnson; Kessler; Kremen; Lemmon; Schmidt; Tate and L. Thomas.
Excused: Representatives Grant and R. Meyers.
Passed to Committee on Rules for second reading.
February 23, 1994
SSB 6538 Prime Sponsor, Senator Owen: Changing recreational boating safety education regarding fire prevention. Reported by Committee on Natural Resources & Parks
MAJORITY recommendation: Do pass. Signed by Representatives Pruitt, Chair; R. Johnson, Vice Chair; Stevens, Ranking Minority Member; McMorris, Assistant Ranking Minority Member; Dunshee; Linville; Schoesler; Sheldon; B. Thomas; Valle; and Wolfe.
Passed to Committee on Rules for second reading.
February 23, 1994
ESSB 6547 Prime Sponsor, Committee on Health & Human Services: Providing for auditing of mental health systems. Reported by Committee on Human Services
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that the current complex set of rules and regulations, audited and administered at multiple levels of the mental health system, focus primarily on the process of providing mental health services and do not sufficiently address consumer and system outcomes. To this extent, the legislature finds that the intent of RCW 71.24.015 related to reduced administrative layering, duplication, and reduced administrative costs need much more aggressive action.
NEW SECTION. Sec. 2. The department of social and health services shall establish a single comprehensive and collaborative project within regional support networks and with local mental health service providers aimed at creating innovative and streamlined community mental health service delivery systems, in order to carry out the purposes set forth in section 1 of this act and to capture the diversity of the community mental health service delivery system.
The project must accomplish the following:
(1) Identification, review, and cataloging of all rules, regulations, duplicative administrative and monitoring functions, and other requirements that currently lead to inefficiencies in the community mental health service delivery system and, if possible, eliminate the requirements;
(2) The systematic and incremental development of a single system of accountability for all appropriated funds used to provide mental health services. Assessment must be made regarding the feasibility of also including federal and local funds into the single system of accountability;
(3) The elimination of process regulations and related contract and reporting requirements. In place of the regulations and requirements, a set of outcomes for mental health adult and children clients according to chapter 71.24 RCW must be used to measure the performance of mental health service providers and regional support networks. Such outcomes shall be consistent with the goals specified in RCW 71.24.015 and focus on achieving family and consumer satisfaction with services, and outcomes related to out-of-home and hospital care, housing, age-appropriate activities, and system efficiencies;
(4) Evaluation of the feasibility of contractual agreements between the department of social and health services and regional support networks and mental health service providers that link financial incentives to the success or failure of mental health service providers and regional support networks to meet outcomes established for mental health service clients;
(5) The involvement of mental health consumers and their representatives in the pilot projects. Mental health consumers and their representatives will be involved in the development of outcome standards for mental health clients and other related aspects of the pilot projects; and
(6) An independent evaluation component to measure the success of the projects.
NEW SECTION. Sec. 3. The project established in section 2 of this act must be implemented by July 1, 1995, in from two to six regional support networks, with annual progress reports submitted to the appropriate committees of the legislature beginning November 1, 1994, and in all regional support networks state-wide with full implementation of the most effective and efficient practices identified by the evaluation in section 2 of this act no later than July 1, 1997. In addition, the department of social and health services, the participating regional support networks, and the local mental health service providers shall report to the appropriate policy and fiscal committees of the legislature on the need for any changes in state statute, rule, policy, or procedure, and any change in federal statute, regulation, policy, or procedure to ensure the purposes specified in section 1 of this act are carried out.
NEW SECTION. Sec. 4. To carry out the purposes specified in section 1 of this act, the department of social and health services is encouraged to utilize its authority to immediately eliminate any unnecessary rules, regulations, standards, or contracts, to immediately eliminate duplication of audits or any other unnecessarily duplicated functions, and to seek any waivers of federal or state rules or regulations necessary to achieve the purpose of streamlining the mental health system and infusing it with incentives that reward efficiency, positive outcomes for clients, and quality services.
NEW SECTION. Sec. 5. Sections 1 through 4 of this act are each added to chapter 71.24 RCW."
Signed by Representatives Leonard, Chair; Thibaudeau, Vice Chair; Cooke, Ranking Minority Member; Talcott, Assistant Ranking Minority Member; Brown; Caver; Karahalios; Lisk; Padden; Patterson and Wolfe.
Excused: Representative Riley.
Passed to Committee on Rules for second reading.
February 23, 1994
SSB 6558 Prime Sponsor, Committee on Ways & Means: Modifying the excise taxation of sales of airplanes to the United States government. Reported by Committee on Revenue
MAJORITY recommendation: Do pass. Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Fuhrman, Assistant Ranking Minority Member; Anderson; Brown; Caver; Cothern; Leonard; Romero; Rust; Silver; Talcott; Thibaudeau; Van Luven and Wang.
Passed to Committee on Rules for second reading.
February 23, 1994
ESSB 6566 Prime Sponsor, Senator Owen: Modifying requirements for specialized forest product permits. Reported by Committee on Natural Resources & Parks
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 76.48.020 and 1992 c 184 s 1 are each amended to read as follows:
Unless otherwise required by the context, as used in this chapter:
(1) "Christmas trees" ((shall)) means any evergreen trees or the top thereof, commonly known as Christmas trees, with limbs and branches, with or without roots, including fir, pine, spruce, cedar, and other coniferous species.
(2) "Native ornamental trees and shrubs" ((shall)) means any trees or shrubs which are not nursery grown and which have been removed from the ground with the roots intact.
(3) "Cut or picked evergreen foliage," commonly known as brush, ((shall)) means evergreen boughs, huckleberry, salal, fern, Oregon grape, rhododendron, mosses, lichens, legumes, grasses, and other cut or picked evergreen products.
(4) "Cedar products" ((shall)) means cedar shakeboards, shake and shingle bolts, and rounds one to three feet in length.
(5) "Cedar salvage" ((shall)) means cedar chunks, slabs, stumps, and logs having a volume greater than one cubic foot and being harvested or transported from areas not associated with the concurrent logging of timber stands (a) under a forest practices application approved or notification received by the department of natural resources, or (b) under a contract or permit issued by an agency of the United States government.
(6) "Processed cedar products" ((shall)) means cedar shakes, shingles, fence posts, hop poles, pickets, stakes, ((or)) rails((;)), or rounds less than one foot in length.
(7) "Cedar processor" ((shall)) means any person who purchases ((and/or)), takes, or retains possession of cedar products or cedar salvage((,)) for later sale in the same or modified form((,)) following ((their)) removal and delivery from the land where harvested.
(8) "Cascara bark" ((shall)) means the bark of a Cascara tree.
(9) "Wild edible mushrooms" means edible mushrooms not cultivated or propagated by artificial means.
(10) "Specialized forest products" ((shall)) means Christmas trees, native ornamental trees and shrubs, cut or picked evergreen foliage, cedar products, cedar salvage, processed cedar products, wild edible mushrooms, and Cascara bark.
(11) "Person" ((shall)) includes the plural and all corporations, foreign or domestic, copartnerships, firms, and associations of persons.
(12) "Harvest" ((shall)) means to separate, by cutting, prying, picking, peeling, breaking, pulling, splitting, or otherwise removing, a specialized forest product (a) from its physical connection ((with)) or contact with the land or vegetation upon which it ((was or has been)) is or was growing((,)) or (b) from the position in which it ((has been)) is lying upon ((such)) the land.
(13) "Transportation" means the physical conveyance of specialized forest products outside or off of a harvest site((, including but not limited to conveyance by a motorized vehicle designed for use on improved roadways, or by vessel, barge, raft, or other waterborne conveyance. "Transportation" also means any conveyance of specialized forest products by helicopter)) by any means.
(14) "Landowner" means, with regard to ((any)) real property, the private owner ((thereof)), the state of Washington or any political subdivision ((thereof)), the federal government, or ((any)) a person who by deed, contract, or lease has authority to harvest and sell forest products of the property. "Landowner" does not include the purchaser or successful high bidder at ((any)) a public or private timber sale.
(15) "Authorization" means a properly completed preprinted form authorizing the transportation or possession of Christmas trees((,)) which ((form)) contains the information required by RCW 76.48.080, ((and)) a sample of which is filed before the harvesting occurs with the sheriff of the county in which the harvesting is to occur.
(16) "Harvest site" means each location where one or more persons are engaged in harvesting specialized forest products close enough to each other that communication can be conducted with an investigating law enforcement officer in a normal conversational tone.
(17) "Specialized forest products permit" ((shall)) means a printed document in a form specified by the department of natural resources, or true copy thereof, that is signed by a landowner or his ((duly)) or her authorized agent or representative (((herein)), referred to in this chapter as "permittors"((),)) and validated by the county sheriff((, authorizing)) and authorizes a designated person (((herein)), referred to in this chapter as "permittee"(())), who ((shall)) has also ((have)) signed the permit, to harvest ((and/or)) and transport a designated specialized forest product from land owned or controlled and specified by the permittor((,)) and that is located in the county where ((such)) the permit is issued.
(18) "Sheriff" means, for the purpose of validating specialized forest products permits, the county sheriff, deputy sheriff, or an authorized employee of the sheriff's office or an agent of the office.
(19) "True copy" means a replica of a validated specialized forest products permit as reproduced by a copy machine capable of effectively reproducing the information contained on the permittee's copy of the specialized forest products permit. A copy is made true by the permittee or the permittee and permittor signing in the space provided on the face of the copy. A true copy will be effective until the expiration date of the specialized forest products permit unless the permittee or the permittee and permittor specify an earlier date. A permittor may require the actual signatures of both the permittee and permittor for execution of a true copy by so indicating in the space provided on the original copy of the specialized forest products permit. A permittee, or, if so indicated, the permittee and permittor, may condition the use of the true copy to harvesting only, transportation only, possession only, or any combination thereof.
Sec. 2. RCW 76.48.030 and 1979 ex.s. c 94 s 2 are each amended to read as follows:
It ((shall be)) is unlawful for any person to:
(1) Harvest specialized forest products as described in RCW 76.48.020, in the quantities specified in RCW 76.48.060, without first obtaining a validated specialized forest products permit;
(2) Engage in activities or phases of harvesting specialized forest products not authorized by the permit; or
(3) Harvest specialized forest products in any lesser quantities than those specified in RCW 76.48.060, as now or hereafter amended, without first obtaining permission from the landowner or his or her duly authorized agent or representative.
Sec. 3. RCW 76.48.040 and 1988 c 36 s 49 are each amended to read as follows:
Agencies charged with the enforcement of this chapter shall include, but not be limited to, the Washington state patrol, county sheriffs and their deputies, county or municipal police forces, authorized personnel of the United States forest service, and authorized personnel of the departments of natural resources, and ((fisheries,)) fish and wildlife. ((Primary enforcement responsibility lies in the county sheriffs and their deputies.)) The provisions of this chapter shall be strictly enforced by the agencies set out under this section.
Sec. 4. RCW 76.48.050 and 1979 ex.s. c 94 s 4 are each amended to read as follows:
Specialized forest products permits shall consist of properly completed permit forms validated by the sheriff of the county in which the specialized forest products are to be harvested. Each permit shall be separately numbered and the permits shall be issued by consecutive numbers. All specialized forest products permits shall expire at the end of the calendar year in which issued, or sooner, at the discretion of the permittor. A properly completed specialized forest products permit form shall include:
(1) The date of its execution and expiration;
(2) The name, address, telephone number, if any, and signature of the permittor;
(3) The name, address, telephone number, if any, and signature of the permittee;
(4) The type of specialized forest products to be harvested or transported;
(5) The approximate amount or volume of specialized forest products to be harvested or transported;
(6) The legal description of the property from which the specialized forest products are to be harvested or transported, including the name of the county, or the state or province if outside the state of Washington;
(7) A description by local landmarks of where the harvesting is to occur, or from where the specialized forest products are to be transported;
(8) The person's driver's license or valid picture identification and, if not prohibited by federal law, the person's social security number. The sheriff's office shall verify the social security number when the permit is validated. Except for the harvesting of Christmas trees, the permit or true copy thereof must be carried by the picker and available for inspection at all times. For the harvesting of Christmas trees only a single permit or true copy thereof is necessary to be available at the harvest site; and
(9) Any other condition or limitation which the permittor may specify.
Sec. 5. RCW 76.48.060 and 1992 c 184 s 2 are each amended to read as follows:
A specialized forest products permit validated by the county sheriff shall be obtained by ((any)) a person prior to harvesting from any lands, including his or her own, more than five Christmas trees, more than five native ornamental trees or shrubs, more than five pounds of cut or picked evergreen foliage, any cedar products, cedar salvage, processed cedar products, or more than five pounds of Cascara bark, or more than three United States gallons of a single species of wild edible mushroom and ((not)) more than an aggregate total of nine United States gallons of wild edible mushrooms, plus one wild edible mushroom. Specialized forest products permit forms shall be provided by the department of natural resources, and shall be made available through the office of the county sheriff to permittees or permittors in reasonable quantities. A permit form shall be completed in triplicate for each permittor's property on which a permittee harvests specialized forest products. A properly completed permit form shall be mailed or presented for validation to the sheriff of the county in which the specialized forest products are to be harvested. Before a permit form is validated by the sheriff, sufficient personal identification may be required to reasonably identify the person mailing or presenting the permit form and the sheriff may conduct ((such)) other investigations as deemed necessary to determine the validity of the information alleged on the form. When the sheriff is reasonably satisfied as to the truth of ((such)) the information, the form shall be validated with the sheriff's validation stamp ((provided by the department of natural resources)). Upon validation, the form shall become the specialized forest products permit authorizing the harvesting, possession ((and/or)), or transportation of specialized forest products, subject to any other conditions or limitations which the permittor may specify. Two copies of the permit shall be given or mailed to the permittor, or one copy shall be given or mailed to the permittor and the other copy given or mailed to the permittee. The original permit shall be retained in the office of the county sheriff validating the permit. In the event a single land ownership is situated in two or more counties, a specialized forest product permit shall be completed as to the land situated in each county. While engaged in harvesting of specialized forest products, permittees, or their agents or employees, must have readily available at each harvest site a valid permit or true copy of the permit.
Sec. 6. RCW 76.48.070 and 1992 c 184 s 3 are each amended to read as follows:
(1) Except as provided in RCW 76.48.100 and 76.48.075, it ((shall be)) is unlawful for any person (a) to possess, ((and/or)) (b) to transport, or (c) to possess and transport within the state of Washington, subject to any other conditions or limitations specified in the specialized forest products permit by the permittor, more than five Christmas trees, more than five native ornamental trees or shrubs, more than five pounds of cut or picked evergreen foliage, any processed cedar products, or more than five pounds of Cascara bark, or more than three gallons of a single species of wild edible mushrooms and ((not)) more than an aggregate total of nine gallons of wild edible mushrooms, plus one wild edible mushroom without having in his or her possession a written authorization, sales invoice, bill of lading, or specialized forest products permit or a true copy thereof evidencing his or her title to or authority to have possession of specialized forest products being so possessed or transported.
(2) It ((shall be)) is unlawful for any person either (a) to possess ((and/or)), (b) to transport, or (c) to possess and transport within the state of Washington any cedar products or cedar salvage without having in his or her possession a specialized forest products permit or a true copy thereof evidencing his or her title to or authority to have possession of the materials being so possessed or transported.
Sec. 7. RCW 76.48.075 and 1979 ex.s. c 94 s 15 are each amended to read as follows:
(1) It is unlawful for any person to transport or cause to be transported into this state from any other state or province specialized forest products, except those harvested from that person's own property, without: (a) First acquiring and having readily available for inspection a document indicating the true origin of the specialized forest products as being outside the state, or (b) without acquiring a specialized forest products permit as provided in subsection (4) of this section.
(2) Any person transporting or causing to be transported specialized forest products into this state from any other state or province shall, upon request of any person to whom the specialized forest products are sold or delivered or upon request of any law enforcement officer, prepare and sign a statement indicating the true origin of the specialized forest products, the date of delivery, and the license number of the vehicle making delivery, and shall leave the statement with the person making the request.
(3) It is unlawful for any person to possess specialized forest products, transported into this state, with knowledge that the products were introduced into this state in violation of this chapter.
(4) When any person transporting or causing to be transported into this state specialized forest products elects to acquire a specialized forest products permit, the specialized forest products transported into this state shall be deemed to be harvested in the county of entry, and the sheriff of that county may validate the permit as if the products were so harvested, except that the permit shall also indicate the actual harvest site outside the state.
(5) A cedar processor shall comply with RCW 76.48.096 by requiring a person transporting specialized forest products into this state from any other state or province to display a specialized forest products permit, or true copy thereof, or other document indicating the true origin of the specialized forest products as being outside the state. The cedar processor shall make and maintain a record of the purchase, taking possession, or retention of cedar products and cedar salvage in compliance with RCW 76.48.094.
(6) If, ((pursuant to)) under official inquiry, investigation, or other authorized proceeding regarding specialized forest products not covered by a valid specialized forest products permit or other acceptable document, the inspecting law enforcement officer has probable cause to believe that the specialized forest products were harvested in this state or wrongfully obtained in another state or province, the officer may take into custody and detain, for a reasonable time, the specialized forest products, all supporting documents, invoices, and bills of lading, and the vehicle in which the products were transported until the true origin of the specialized forest products can be determined.
Sec. 8. RCW 76.48.096 and 1979 ex.s. c 94 s 10 are each amended to read as follows:
It ((shall be)) is unlawful for any cedar processor to purchase, take possession, or retain cedar products or cedar salvage subsequent to the harvesting and prior to the retail sale of ((such)) the products, unless the supplier thereof displays a specialized forest products permit, or true copy thereof((, which)) that appears to be valid, or obtains the information ((pursuant to)) under RCW 76.48.075(5).
Sec. 9. RCW 76.48.098 and 1979 ex.s. c 94 s 11 are each amended to read as follows:
Every cedar processor shall prominently display a valid registration certificate, or copy thereof, obtained from the department of revenue ((pursuant to)) under RCW 82.32.030 at each location where ((such)) the processor receives cedar products or cedar salvage.
Permittees shall sell cedar products or cedar salvage only to cedar processors displaying registration certificates which appear to be valid.
Sec. 10. RCW 76.48.100 and 1979 ex.s. c 94 s 12 are each amended to read as follows:
The provisions of this chapter ((shall)) do not apply to:
(1) Nursery grown products.
(2) Logs (except as included in the definition of "cedar salvage" under RCW 76.48.020), poles, pilings, or other major forest products from which substantially all of the limbs and branches have been removed, and cedar salvage when harvested concurrently with timber stands (a) under an approved forest practices application or notification, or (b) under a contract or permit issued by an agency of the United States government.
(3) The activities of a landowner, his or her agent, or representative, or of a lessee of land in carrying on noncommercial property management, maintenance, or improvements on or in connection with the land of ((such)) the landowner or lessee.
Sec. 11. RCW 76.48.110 and 1979 ex.s. c 94 s 13 are each amended to read as follows:
Whenever any law enforcement officer has probable cause to believe that a person is harvesting or is in possession of or transporting specialized forest products in violation of the provisions of this chapter, he or she may, at the time of making an arrest, seize and take possession of any ((such)) specialized forest products found. The law enforcement officer shall provide reasonable protection for the specialized forest products involved during the period of litigation or he or she shall dispose of ((such)) the specialized forest products at the discretion or order of the court before which the arrested person is ordered to appear.
Upon any disposition of the case by the court, the court shall make a reasonable effort to return the specialized forest products to ((their)) its rightful owner or pay the proceeds of any sale of specialized forest products less any reasonable expenses of ((such)) the sale to the rightful owner. If for any reason, the proceeds of ((such)) the sale cannot be disposed of to the rightful owner, ((such)) the proceeds, less the reasonable expenses of the sale, shall be paid to the treasurer of the county in which the violation occurred. The county treasurer shall deposit the same in the county general fund. The return of the specialized forest products or the payment of the proceeds of any sale of products seized to the owner shall not preclude the court from imposing any fine or penalty upon the violator for the violation of the provisions of this chapter.
Sec. 12. RCW 76.48.120 and 1979 ex.s. c 94 s 14 are each amended to read as follows:
It ((shall be)) is unlawful for any person, upon official inquiry, investigation, or other authorized proceedings, to offer as genuine any paper, document, or other instrument in writing purporting to be a specialized forest products permit, or true copy thereof, authorization, sales invoice, or bill of lading, or to make any representation of authority to possess or conduct harvesting or transporting of specialized forest products, knowing the same to be in any manner false, fraudulent, forged, or stolen.
Any person who knowingly or intentionally violates this section ((shall be)) is guilty of forgery, and shall be punished as a class C felony providing for imprisonment in a state correctional institution for a maximum term fixed by the court of not more than five years or by a fine of not more than five thousand dollars, or by both ((such)) imprisonment and fine.
Whenever any law enforcement officer reasonably suspects that a specialized forest products permit or true copy thereof, authorization, sales invoice, or bill of lading is forged, fraudulent, or stolen, it may be retained by the officer until its authenticity can be verified.
Sec. 13. RCW 76.48.130 and 1977 ex.s. c 147 s 10 are each amended to read as follows:
((Any)) A person who violates ((any)) a provision of this chapter, other than the provisions contained in RCW 76.48.120, as now or hereafter amended, ((shall be)) is guilty of a gross misdemeanor and upon conviction thereof shall be punished by a fine of not more than one thousand dollars or by imprisonment in the county jail for not to exceed one year or by both ((such)) a fine and imprisonment.
NEW SECTION. Sec. 14. A new section is added to chapter 76.48 RCW to read as follows:
Buyers who purchase specialized forest products are required to record (1) the permit number; (2) the type of forest product purchased; (3) the permit holder's name; (4) the amount of forest product purchased; and (5) the purchase price. The buyer shall keep a record of this information for a period of one year from the date of purchase and make the records available for inspection by authorized enforcement officials.
The buyer of specialized forest products must record the license plate number of the vehicle transporting the forest products on the bill of sale, as well as the seller's permit number on the bill of sale. This section shall not apply to transactions involving Christmas trees.
NEW SECTION. Sec. 15. A new section is added to chapter 76.48 RCW to read as follows:
County sheriffs may contract with other entities to serve as authorized agents to validate specialized forest product permits. These entities include the United States forest service, the bureau of land management, the department of natural resources, local police departments, and other entities as decided upon by the county sheriffs' departments. An entity that contracts with a county sheriff to serve as an authorized agent to validate specialized forest product permits may conduct other investigations as deemed necessary to reasonably determine the validity of the information alleged on the permit form.
NEW SECTION. Sec. 16. A new section is added to chapter 76.48 RCW to read as follows:
Records of buyers of specialized forest products collected under the requirements of section 14 of this act may be made available to colleges and universities for the purpose of research.
NEW SECTION. Sec. 17. A new section is added to chapter 76.48 RCW to read as follows:
Minority groups have long been participants in the specialized forest products industry. The legislature encourages agencies serving minority communities, community-based organizations, refugee centers, social service agencies, agencies and organizations with expertise in the specialized forest products industry, and other interested groups to work cooperatively to accomplish the following purposes:
(1) To provide assistance and make referrals on translation services and to assist in translating educational materials, laws, and rules regarding specialized forest products;
(2) To hold clinics to teach techniques for effective picking; and
(3) To work with both minority and nonminority pickers in order to protect resources and foster understanding between minority and nonminority pickers.
To the extent practicable within their existing resources, the commission on Asian-American affairs, the commission on Hispanic affairs, and the department of natural resources are encouraged to coordinate this effort.
NEW SECTION. Sec. 18. RCW 76.48.092 and 1979 ex.s. c 94 s 8 & 1977 ex.s. c 147 s 14 are each repealed.
NEW SECTION. Sec. 19. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."
Signed by Representatives Pruitt, Chair; R. Johnson, Vice Chair; Stevens, Ranking Minority Member; McMorris, Assistant Ranking Minority Member; Dunshee; Linville; Schoesler; Sheldon; B. Thomas; Valle and Wolfe.
Passed to Committee on Rules for second reading.
February 23, 1994
SSB 6571 Prime Sponsor, Committee on Labor & Commerce: Disclosing information on residential real estate. Reported by Committee on Financial Institutions & Insurance
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:
(1) "Lender" means any person doing business under the laws of this state or the United States relating to banks, savings banks, trust companies, savings and loan associations, credit unions, consumer loan companies, insurance companies, real estate investment trusts as defined in 26 U.S.C. Sec. 856 and the affiliates, subsidiaries, and service corporations thereof, and all other persons who make residential mortgage loans.
(2) "Residential mortgage loan" means any loan used for the purchase of a single-family dwelling or multiple-family dwelling of four or less units secured by a mortgage or deed of trust on the residential real estate.
NEW SECTION. Sec. 2. A lender shall provide to the borrower, prior to the closing of a residential mortgage loan, true and complete copies of all appraisals or other documents relied upon by the lender in evaluating the value of the dwelling to be financed. A borrower may waive in writing the lender's duty to provide the appraisals or other documents prior to closing. This written waiver may not be construed to in any way limit the lender's duty to provide the information to the borrower at a reasonable later date. This section shall only apply to purchase money residential mortgage loans.
NEW SECTION. Sec. 3. Sections 1 and 2 of this act shall constitute a new chapter in Title 19 RCW."
Signed by Representatives Zellinsky, Chair; Scott, Vice Chair; Mielke, Ranking Minority Member; Dyer, Assistant Ranking Minority Member; Anderson; Dellwo; Dorn; R. Johnson; Kessler; Kremen; Lemmon; Schmidt and Tate.
Excused: Representatives Grant, R. Meyers and L. Thomas.
Passed to Committee on Rules for second reading.
February 23, 1994
ESB 6572 Prime Sponsor, Wojahn: Making an appropriation to purchase and renovate the Sprague Building. Reported by Committee on Human Services
MAJORITY recommendation: Do pass. Signed by Representatives Leonard, Chair; Thibaudeau, Vice Chair; Talcott, Assistant Ranking Minority Member; Brown; Caver; Karahalios; Patterson; Riley and Wolfe.
MINORITY recommendation: Do not pass. Signed by Representatives Cooke, Ranking Minority Member; Lisk and Padden.
Referred to Committee on Appropriations.
February 23, 1994
SB 6582 Prime Sponsor, M. Rasmussen: Applying grades and standards only to apples packed in Washington state. Reported by Committee on Agriculture & Rural Development
MAJORITY recommendation: Do pass. Signed by Representatives Rayburn, Chair; Kremen, Vice Chair; Chandler, Ranking Minority Member; Schoesler, Assistant Ranking Minority Member; Chappell; Grant; Karahalios; McMorris and Roland.
Excused: Representative Lisk.
Passed to Committee on Rules for second reading.
February 24, 1994
SSB 6593 Prime Sponsor, Committee on Education: Creating the learning and life skills grant program. Reported by Committee on Education
MAJORITY recommendation: Do pass. Signed by Representatives Dorn, Chair; Cothern, Vice Chair; Brough, Ranking Minority Member; B. Thomas, Assistant Ranking Minority Member; Brumsickle; Carlson; G. Cole; Eide; Hansen; Holm; Jones; Karahalios; J. Kohl; Pruitt; Roland; Stevens and L. Thomas.
Excused: Representatives G. Fisher and Patterson.
Passed to Committee on Rules for second reading.
February 23, 1994
SJM 8013 Prime Sponsor, Winsley: Petitioning the president on behalf of disabled veterans. Reported by Committee on State Government
MAJORITY recommendation: Do pass. Signed by Representatives Anderson, Chair; Veloria, Vice Chair; Reams, Ranking Minority Member; L. Thomas, Assistant Ranking Minority Member; Campbell; Conway; Dyer; King and Pruitt.
Passed to Committee on Rules for second reading.
February 23, 1994
SJM 8027 Prime Sponsor, Vognild: Requesting that Congress help states with employment security system funding. Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass. Signed by Representatives Heavey, Chair; G. Cole, Vice Chair; Lisk, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Conway; Horn; King; Springer and Veloria.
Passed to Committee on Rules for second reading.
February 22, 1994
SJM 8030 Prime Sponsor, Oke: Requesting a modification of the Marine Mammal Protection Act. Reported by Committee on Fisheries & Wildlife
MAJORITY recommendation: Do pass with the following amendment:
On page 1, line 10, strike "Federal Marine Mammals" and insert "federal Marine Mammal"
On page 2, line 5, strike "Federal Marine Mammals" and insert "federal Marine Mammal"
Signed by Representatives King, Chair; Orr, Vice Chair; Fuhrman, Ranking Minority Member; Sehlin, Assistant Ranking Minority Member; Basich; Chappell; Foreman; Quall and Scott.
Passed to Committee on Rules for second reading.
On motion of Representative Peery, the bills and memorials listed on today's committee reports under the fifth order of business were referred to the committees so designated with the exception of Substitute Senate Bill No. 6073 and Engrossed Substitute Senate Bill No. 6244.
MOTION
On motion of Representative Peery, the rules were suspended and Substitute Senate Bill No. 6073, Engrossed Substitute Senate Bill No. 6244 was advanced to the second reading calendar.
There being no objection, the House advanced to the eighth order of business.
RESOLUTION
HOUSE RESOLUTION NO. 94-4702, by Representatives Cothern, L. Johnson, Springer, Karahalios, Caver, Riley, Dunshee, Wang, Kremen, Zellinsky, Horn, Cooke, Long, Dyer, Wood, Ballard, Forner, Reams, Brough, Ballasiotes, Carlson, Sehlin, Sheahan, Brumsickle, Rust, Roland, Sheldon, R. Fisher, Wineberry, Hansen, Jacobsen, Ogden, Chappell, Campbell, Leonard, Brown, H. Myers, Romero, Conway, Moak, Shin, King, Eide, Sommers, Veloria, Grant and Anderson
WHEREAS, February 20, 1994, is the first day of National Brotherhood and Sisterhood Week; and
WHEREAS, The National Conference of Christians and Jews designated this day to acknowledge the importance of brotherhood and sisterhood; and
WHEREAS, In the spirit of brotherhood and sisterhood nearly eighty cities and states world-wide have sister relationships with Washington State or with cities in Washington State; and
WHEREAS, In the same spirit, toward the goals of harmony, equality, and fairness the State of Washington has long been a proponent of tolerance and diversity; and
WHEREAS, The State of Washington has been enriched by serving as a nexus for international trade and cultural exchange between the United States and various other nations; and
WHEREAS, The State of Washington respectfully acknowledges the value of multiple cultures within and beyond its borders;
NOW, THEREFORE, BE IT RESOLVED, That we, the members of the Washington State House of Representatives, recognize and uphold the philosophy of goodwill behind National Brotherhood and Sisterhood Week during the week of February 20, to February 26, 1994; and
BE IT FURTHER RESOLVED, That we, the members of the House of Representatives, make ongoing efforts to pursue the ideals on which this week was founded, by promoting mutual understanding and respect for differences among all the people of Washington State; and
BE IT FURTHER RESOLVED, That we, the members of the House of Representatives, make an ongoing effort to duly acknowledge the many organizations devoted to fighting discrimination throughout the State of Washington.
Representative Cothern moved adoption of the resolution. Representative Cothern spoke in favor of the resolution.
House Resolution No. 4702 was adopted.
The Speaker declared the House to be at ease.
The Speaker called the House to order.
There being no objection, the House advanced to the sixth order of business.
SECOND READING
MOTION
Representative Peery moved that the House immediately consider Substitute Senate Bill No. 6073 on today's second reading calendar. The motion was carried.
SUBSTITUTE SENATE BILL NO. 6073, by Senate Committee on Labor & Commerce (originally sponsored by Senators Prentice, Newhouse and Vognild; by request of Employment Security Department)
Correcting unemployment compensation statutes for base year compensation and defining employment.
The bill was read the second time. Committee on Commerce & Labor recommendation: Majority, do pass as amended. (For committee amendment see Journal, 47th Day, February 25, 1994.)
Representative Heavey moved the adoption of the committee amendment.
Representative Lisk moved adoption of the following amendment by Representative Lisk to the committee amendment:
On page 1, after line 26 of the amendment, insert the following:
"(7) The department shall seek federal funding to reimburse the state for the supplemental additional benefits paid under this section. Any federal funds received by the state for reimbursement shall be deposited in the unemployment trust fund solely for the payment of benefits under this title."
Representative Lisk yielded to a question by Representative Heavey.
Representative Heavey: Is it the intent of this amendment to only restrict the possible reimbursement of federal funds to the funds expended under Substitute Senate Bill No. 6073?
Representative Lisk: Yes.
Representatives Lisk and Heavey spoke in favor of the adoption of the amendment and it was adopted.
MOTIONS
On motion of Representative J. Kohl, Representatives Leonard and Thibaudeau were excused.
On motion of Representative Wood, Representative Mielke was excused.
The committee amendment as amended was adopted.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 6073 as amended by the House.
Representatives Heavey and Lisk spoke in favor of passage of the bill.
Representative Heavey again spoke in favor of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6073 as amended by the House, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 1, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.
Absent: Representative Riley - 1.
Excused: Representatives Leonard, Mielke and Thibaudeau - 3.
Substitute Senate Bill No. 6073 as amended by the House, having received the constitutional majority, was declared passed.
RESOLUTIONS
HOUSE RESOLUTION NO. 94-4704, by Representatives Jacobsen, Quall, Sheahan, Long, B. Thomas, Carlson and Anderson
WHEREAS, Washington is the only state named for a President; and
WHEREAS, The people of the state of Washington take pride in being named for the Father of their Country; and
WHEREAS, Relatively few citizens and school children are able to visit the home of George and Martha Washington at Mount Vernon, Virginia; and
WHEREAS, Washington State is represented on the Board of Regents caring for and interpreting Mount Vernon, the nation's oldest historic preservation project; and
WHEREAS, Individual states often make special cultural and educational gifts to Mount Vernon; and
WHEREAS, Individuals, artists, and artisans in the state of Washington have organized to create a scale replica of Mount Vernon in Miniature; and
WHEREAS, The scale model of George and Martha Washington's home will be exhibited in the state of Washington along with the story of the naming of Washington State for the benefit of citizens and school children; and
WHEREAS, Mount Vernon in Miniature, with the story of Washington statehood, will eventually be presented as a gift from the people of the State of Washington to Mount Vernon, Virginia, to be in continuous use in educational programming for all visitors to Mount Vernon for generations to come; and
WHEREAS, The official process for Washington to become a state began on Washington's Birthday, February 22, 1889;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the State of Washington salute our heroic namesake on this, his birthday, and commend and encourage the work of the people of Washington involved in the creation of Mount Vernon in Miniature as a lasting legacy for the heritage of our nation and our state.
Representatives Jacobsen moved adoption of the resolution. Representatives Jacobsen, Reams, Dyer and Sheahan spoke in favor of adoption of the resolution.
Representative Peery: Thank you Mr. Speaker. I would encourage that we keep our remarks, not to the symbol of the country, but to the resolution that we have before us.
House Resolution No. 4704 was adopted.
HOUSE RESOLUTION NO. 94-4707, by Representatives Rayburn, Foreman, Lisk, Shin, Ballard, Chandler and J. Kohl
WHEREAS, The apple is a symbol of health, and Washington state is famous for producing the finest apples in the world; and
WHEREAS, To address the critical decline in the condition of children's health and reinforce the healthy image of Washington apples, the Washington state apple growers have developed "Healthy Choices for America," an umbrella program targeted at improving the health and nutrition of all Americans; and
WHEREAS, One component is "Healthy Choices for Kids," a comprehensive nutrition education program and the first to integrate the Dietary Guidelines for Americans issued by the U.S. Departments of Agriculture and Health and Human Services; and
WHEREAS, Apples are provided by the growers of Washington apples to teachers nation-wide, and more than three million children participate in the program each school year; and
WHEREAS, "Healthy Choices for Kids" fills a void in elementary education since there is currently no national nutrition education requirement for elementary schools in the United States; and
WHEREAS, "Healthy Choices for Kids" is written by nutrition, fitness, and curriculum experts, and before publication, each kit is reviewed by an advisory board, learner-verified in classrooms, and revised to incorporate teacher suggestions; and
WHEREAS, The program encourages parental interaction, and Spanish take home materials and bilingual cookbooks were tested last year in eastern Washington schools before broader distribution this year; and
WHEREAS, Nationally in 1993-94, 27 grocery store chains "adopted" schools and offered "learn-to-shop tours" so children could apply what they learned in the classroom to a real-life situation; and
WHEREAS, In 1993 "Healthy Choices for Kids" was featured as the premier nutrition education program at the National Symposium on Urban School Reform, Health and Safety in Washington, D.C., convened to develop a national blue print for urban schools to address the state of children's health and safety; and
WHEREAS, The program has been endorsed by the American Institute for Cancer Research, the Council of Great City Schools, the Boston Public Schools, the National Food Service Management Institute, United Fresh Fruit and Vegetable Association, and the Association of Farmworker Opportunity Programs; and
WHEREAS, The Washington Apple Commission presented "Healthy Choices for Kids" to USDA Secretary Mike Espy and, in testimony before USDA hearings on school feeding programs, offered it as our state's contribution to USDA's initiative for overall classroom and cafeteria nutrition instructional partnerships; and
WHEREAS, Great distinction and exposure for the state of Washington has resulted from the 67,000,000 impressions featuring the program in print, television, and radio coverage nation-wide since 1991; and
WHEREAS, National media coverage has included the Associated Press, CNN, the Packer, Produce News, U.S. Farm Report, USA Today, The Today Show, Child Magazine, L.A. Times, Washington Post, Produce Business, School Food Service Journal, and Supermarket News; and
WHEREAS, In 1993, the regional and local media exposure in 20 cities featured more than 200 stories including those by the Chicago Tribune, New News Day, San Diego Union-Tribune, the Atlantic Constitution, Detroit News, and the Denver Post;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington honor the Washington Apple Commission, the number one agricultural commodity in the state generating more than one billion dollars to the state's economy, for its commitment to the health of children, for stepping in to fill a void with national nutrition education programs that target the consumers of tomorrow, and for educating children to develop healthy eating habits to ensure our future leaders will understand the importance of diet to their overall well-being; and
BE IT FURTHER RESOLVED, That copies of this Resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the Washington State Apple Commission.
Representative Rayburn moved adoption of the resolution. Representatives Rayburn, Foreman, Lisk, Shin, Chandler, Moak and Edmondson spoke in favor of adoption of the resolution.
House Resolution No. 4707 was adopted.
Representative Veloria: Thank you, Mr. Speaker. I heard that today is the 34th birthday of Representative Dave Chappell and I wanted to wish him a happy birthday and Representative Gary Chandler wanted to lead the singing.
Representative Peery moved that the House recess until 3:30 p.m.
The Speaker declared the House to be at recess until 3:30 p.m.
AFTERNOON SESSION
The Speaker called the House to order at 3:30 p.m.
The Clerk called the roll and a quorum was present.
With the consent of the House, the House advanced to the sixth order of business.
With the consent of the House, the House considered Engrossed Substitute Senate Bill No. 6244.
The Speaker declared the House to be at ease.
The Speaker called the House to order.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6244, by Senate Committee on Ways & Means (originally sponsored by Senators Rinehart and Quigley; by request of Office of Financial Management)
Making appropriations.
The bill was read the second time. Committee on Appropriations recommendation: Majority, do pass as amended. (For committee amendment see Journal, 47th Day, February 25, 1994.)
Representative Sommers moved the adoption of the committee amendment.
Representative Sommers moved adoption of the following amendment by Representative Sommers to the committee amendment:
On page 4, line 3 of the amendment, strike "17,574,552" and insert "17,575,000"
On page 4, line 6 of the amendment, strike "124,600" and insert "125,000"
On page 4, line 9 of the amendment, strike "51,917" and insert "52,000"
On page 4, line 12 of the amendment, strike "281,035" and insert "281,000"
On page 25, line 13 of the amendment, strike "24,837,000" and insert "24,862,000"
On page 25, line 27 of the amendment, strike "34,272,000" and insert "34,297,000"
On page 27, after line 30 of the amendment, insert:
"(14) $25,000 of the general fund-state appropriation is provided solely for the minority and women export assistance program."
On page 28, line 26 of the amendment, strike "(3)" and insert "(2)"
On page 34, line 17 of the amendment, strike "2907" and insert "2906"
On page 63, line 23 of the amendment, strike "is" and insert "are"
On page 64, line 37 of the amendment, strike subsections (b) and (c) and insert the following:
"(b) By July 1, 1995, the department shall develop a standard set of health services that it will provide for inmates in correctional facilities when medically necessary. These services shall be developed in consultation with the health care authority and the health care commission. The services shall exceed the level of services available under the uniform benefits package as defined by the health services commission pursuant to RCW 43.72.130 only to the extent that they have been identified as medically necessary and appropriate supplemental benefits and services.
(c) The department shall submit recommendations to the house of representatives appropriations committee, the house of representatives capital committee, and the senate ways and means committee by January 1, 1995, on methods of reducing operating costs in its facilities through the use of highest and best use analysis and life cycle cost analysis as developed by the legislative budget committee in its report Department of Corrections Capacity Planning and Implementation (LBC 94-1). In identifying options for reductions in its operating budget the department shall specify the capital costs and savings as well as operating budget savings related to each option."
On page 76, line 28 of the amendment, strike "1,611,000" and insert "1,661,000"
On page 78, line 17 of the amendment, strike "98,864,000" and insert "98,858,000"
Representatives Sommers and Silver spoke in favor of the adoption of the amendment to the committee amendment and it was adopted.
Representative Sommers moved adoption of the following amendment by Representative Sommers to the committee amendment:
On page 7, after line 35, insert the following:
"Sec. 116. 1993 sp.s. c 24 s 116 (uncodified) is amended to read as follows:
FOR THE PUBLIC DISCLOSURE COMMISSION
General Fund Appropriation......$ ((1,989,000)) 2,114,000"
Representatives Sommers and Silver spoke in favor of the adoption of the amendment to the committee amendment and it was adopted.
Representative Sommers moved adoption of the following amendment by Representative Sommers to the committee amendment:
On page 11, line 19 of the amendment, strike "89,661,000" and insert "90,311,000"
On page 11, line 35 of the amendment, strike "321,905,000" and insert "322,555,000"
On page 15, after line 4 of the amendment, insert:
"(14) $650,000 of the general fund-state appropriation is provided solely to increase the state's emergency preparedness and planning for catastrophic events."
Representatives Sommers and Silver spoke in favor of the adoption of the amendment to the committee amendment and Representative Dyer spoke against it. The amendment was adopted.
MOTIONS
On motion of Representative J. Kohl, Representatives Leonard, Thibaudeau and Riley were excused.
On motion of Representative Wood, Representatives Fuhrman and Mielke were excused.
With the consent of the House, Representative R. Meyers withdrew amendment number 1225 to Engrossed Substitute Senate Bill No. 6244.
Representative Sommers moved adoption of the following amendment by Representative Sommers to the committee amendment:
On page 11, line 19 of the amendment, strike "89,661,000" and insert "91,011,000"
On page 11, line 35 of the amendment, strike "321,905,000" and insert "323,255,000"
On page 15, after line 4 of the amendment, insert:
"(14) $1,350,000 of the general fund-state appropriation is provided solely for grants of $350,000 each for the development of three prototypes of programmatic environmental analyses consistent with growth management comprehensive plans."
Representative Sommers spoke in favor of the adoption of the amendment to the committee amendment and Representative Silver spoke against it.
The amendment was adopted.
Representative Sommers moved adoption of the following amendment by Representative Sommers to the committee amendment:
On page 15, line 27 of the amendment, strike "16,820,000" and insert "16,650,000"
On page 17, after line 15 of the amendment, insert:
"Sec. 127. 1993 sp.s. c 24 s 131 (uncodified) is amended to read as follows:
FOR THE PERSONNEL APPEALS BOARD
Department of Personnel Service Fund Appropriation... $ ((1,268,000)) 1,438,000"
Representatives Sommers and Silver spoke in favor of the adoption of the amendment to the committee amendment and it was adopted.
Representative Heavey moved adoption of the following amendment by Representatives Heavey and others to the committee amendment:
On page 17, after line 10 of the amendment, insert the following:
"The appropriations in this section are subject to the following conditions and limitations: Effective July 1, 1994, the agency shall not expend any of its state lottery account nonappropriated resources or lottery administrative account appropriation for advertising, except that the agency may sponsor and pay for public service announcements, such as providing information about parenting skills and the importance of reading with children and other family activities. The public service announcements may include information such as "this message is brought to you by the Washington state lottery" or similar language, and may also announce the time, jackpot amount, and odds of winning, or similar information, for the next lottery drawing. As used in this section, "advertising" means television, radio, outdoor, and newspaper advertising, but does not include point-of-sale promotions."
Representatives Heavey, Foreman, Sheldon and Pruitt spoke in favor of the adoption of the amendment to the committee amendment and Representatives Springer, R. Meyers and Anderson spoke against it.
The Speaker divided the House. The result of the division was: 37-YEAS; 54-NAYS. The amendment was not adopted.
Representative Wolfe moved adoption of the following amendment by Representatives Wolfe and others to the committee amendment:
On page 22, after line 11 of the amendment, insert the following:
"(3) The department shall provide a toll-free telephone number and operator service staff for the general public to call for information about state agencies. The department may provide such staff, equipment and facilities as are necessary for this purpose. The director shall adopt rules to fix terms and charges for these services. All state agencies and the legislature shall participate in the information program and shall reimburse the department of information services in accordance with rules established by the director. The department shall also provide conference calling services for state and other public agencies on a fee-for-service basis."
Representative Wolfe spoke in favor of the adoption of the amendment to the committee amendment and it was adopted.
Representative Wolfe yielded to a question by Representative Carlson.
Representative Carlson: If the person calls in and is transferred to an agency, are they told that they will have to pay for the call that is being transferred.
Representative Wolfe: It is the intent of this legislation that we simply give the caller the correct number, it is not the intent that we transfer calls. If that should happen I assume that the caller would have to pay, but we are not intending to transfer any calls, that has been taken out of the bill.
Representative Sommers moved adoption of the following amendment by Representative Sommers to the committee amendment:
On page 25, line 13 of the amendment, strike "24,837,000" and insert "24,867,000"
On page 25, line 27 of the amendment, strike "34,272,000" and insert "34,302,000
Representatives Sommers and Silver spoke in favor of the adoption of the amendment to the committee and it was adopted.
Representative Springer moved adoption of the following amendment by Representatives Springer and others to the committee amendment:
On page 25, line 13 of the amendment, strike "24,837,000" and insert "24,867,000"
On page 25, line 27 of the amendment, strike "34,272,000" and insert "34,302,000"
On page 27, after line 30 of the amendment, insert:
"(14) $30,000 of the general fund-state appropriation is provided solely to implement Senate Bill No. 6146 (film and video production facility). If Senate Bill No. 6146 is not enacted by June 30, 1994, this appropriation shall lapse."
Representatives Springer, Van Luven, Wineberry and Chandler spoke in favor of the adoption of the amendment to the committee amendment and Representative Sommers spoke against it.
The amendment was adopted.
With the consent of the House, Representative Carlson withdrew amendment number 1181 to Engrossed Substitute Senate Bill No. 6244.
Representative Silver moved adoption of the following amendment by Representative Silver to the committee amendment:
On page 34, after line 23, insert the following:
"(c) The division of juvenile rehabilitation shall submit a report to the appropriate policy and fiscal committees of the legislature by December 1, 1994, on proposals to construct and operate juvenile facilities in this state at a cost of no more than the national average. The division shall identify statutory, policy, and personnel decisions that have caused this state to have higher construction and operating costs than the national average."
On page 65, after line 17, insert the following:
"(d) The department shall submit a report to the appropriate policy and fiscal committees of the legislature by December 1, 1994, on proposals to construct and operate adult correctional facilities in this state at a cost of no more than the national average. The department shall identify statutory, policy, and personnel decisions that have caused this state to have higher construction and operating costs than the national average."
Representatives Silver, Sommers and Padden spoke in favor of the adoption of the amendment to the committee amendment and Representative Dunshee spoke against it.
The amendment was adopted.
Representative L. Johnson moved adoption of the following amendment by Representatives L. Johnson and R. Meyers to the committee amendment:
On page 41, line 16, strike "629,163,000" and insert "629,313,000"
On page 42, after line 11, insert the following:
"(6) $150,000 of the general fund--state appropriation is provided solely for the purpose of accelerating the criminal background check process for employees of long-term care facilities, including reducing the turnaround time for nursing facilities licensed under chapter 18.51 RCW and carrying out in full the duties imposed on the department under section 14(2) of Engrossed Second Substitute House Bill No. 2154."
Representatives L. Johnson, Carlson and Dyer spoke in favor of the adoption of the amendment to the committee amendment and it was adopted.
Representative Sommers moved adoption of the following amendment by Representative Sommers to the committee amendment:
On page 45, line 11 of the amendment, strike "((3,128,000)) 3,018,000" and insert "3,128,000"
On page 45, line 20 of the amendment, strike "49,204,000" and insert "53,442,000"
On page 45, line 21 of the amendment, strike "58,323,000" and insert "58,202,000"
On page 46, line 6 of the amendment, strike "((1,693,000)) 1,757,000" and insert "1,693,000"
Representatives Sommers and Silver spoke in favor of the adoption of the amendment to the committee amendment and it was adopted.
Representative Sommers moved adoption of the following amendment by Representative Sommers to the committee amendment:
On page 49, line 14 of the amendment, strike "38,746,000" and insert "38,172,000"
On page 49, line 16 of the amendment, strike "83,635,000" and insert "83,061,000"
On page 50, line 27 of the amendment, strike "255,088,000" and insert "255,688,000"
On page 50, line 30 of the amendment, strike "478,759,000" and insert "479,359,000"
On page 53, line 2 of the amendment, strike "12,126,000" and insert "12,100,000"
On page 53, line 4 of the amendment, strike "43,155,000" and insert "43,129,000"
Representatives Sommers and Silver spoke in favor of the adoption of the amendment to the committee amendment and it was adopted.
Representative L. Johnson moved adoption of the following amendment by Representatives L. Johnson and Sommers to the committee amendment:
On page 60, line 19 of the amendment, strike "89,171,000" and insert "89,211,000"
On page 61, line 9 of the amendment, strike "373,465,000" and insert "373,505,000"
On page 63, after line 24 of the amendment, insert:
"(21) $40,000 of the general fund-state appropriation is provided solely to implement sections 132 through 135 of Engrossed Second Substitute House Bill No. 2319 (violence prevention). If sections 132 through 135 of Engrossed Second Substitute House Bill No. 2319 are not enacted by June 30, 1994, the appropriation in this subsection shall lapse."
On page 88, line 7 of the amendment, strike "36,333,000" and insert "36,308,000"
On page 88, line 14 of the amendment, strike "72,974,000" and insert "72,949,000"
On page 89, line 8 of the amendment, strike "100,000" and insert "((100,000)) 75,000"
Representatives L. Johnson, Stevens and Cooke spoke in favor of the adoption of the amendment to the committee amendment and it was adopted.
Representative Stevens moved adoption of the following amendment by Representatives Stevens and others to the committee amendment:
On page 60, line 21 of the amendment, strike "184,299,000" and insert "183,990,000"
On page 61, line 9 of the amendment, strike "373,465,000" and insert "373,156,000"
On page 63, after line 24 of the amendment, insert the following: "(21) Regardless of fund source, the department is prohibited from conducting a latex condom aging study."
Representatives Stevens and Peery spoke in favor of the adoption of the amendment to the committee amendment and it was adopted.
Representative Schmidt moved adoption of the following amendment by Representatives Schmidt and Zellinsky to the committee amendment:
On page 64, line 9 of the amendment, strike "501,107,000" and insert "502,182,000"
On page 64, strike all of line 12 of the amendment
On page 123, line 14 of the amendment, strike "75,000,000" and insert "73,925,000"
Representatives Schmidt and Sommers spoke in favor of the adoption of the amendment to the committee amendment and Representative R. Fisher spoke against it.
The amendment was adopted.
Representative Forner moved adoption of the following amendment by Representatives Forner and others to the committee amendment:
On page 64, line 9 of the amendment, strike "501,107,000" and insert "501,457,000"
On page 64, line 14 of the amendment, strike "504,018,000" and insert "504,368,000"
On page 64, after line 14 of the amendment, insert:
"The appropriations in this subsection are subject to the following conditions and limitations: $350,000 of the general fund--state appropriation is provided solely to implement House Bill No. 2889 (eliminating early release for incarcerated offenders). If House Bill No. 2889 is not enacted by June 30, 1994, the appropriation in this subsection shall lapse."
Representatives Forner and Reams spoke in favor of the adoption of the amendment to the committee amendment and Representatives Morris and Sommers spoke against it.
Representative Van Luven demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment to the committee amendment on page 64, line 9, to Engrossed Substitute Senate Bill No. 6244, and the amendment was not adopted by the following vote: Yeas - 37, Nays - 56, Absent - 0, Excused - 5.
Voting yea: Representatives Backlund, Ballard, Ballasiotes, Brough, Brumsickle, Campbell, Casada, Chandler, Cooke, Dunshee, Dyer, Edmondson, Eide, Foreman, Forner, Horn, Kessler, Kremen, Lemmon, Lisk, McMorris, Padden, Rayburn, Reams, Roland, Schmidt, Schoesler, Sehlin, Sheahan, Silver, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Van Luven and Wood - 37.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Brown, Carlson, Caver, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, King, Kohl, J., Linville, Long, Mastin, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Romero, Rust, Scott, Sheldon, Shin, Sommers, Springer, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 56.
Excused: Representatives Fuhrman, Leonard, Mielke, Riley and Thibaudeau - 5.
Representative Morris moved adoption of the following amendment by Representative Morris to the committee amendment:
On page 64, line 37 of the amendment, strike subsection (b) and insert:
"(b) By January 1, 1995, the department shall develop a standard set of health services available for inmates in correctional facilities consistent with the schedule of services that meets the coverage for subsidized enrollees in the basic health plan, pursuant to RCW 70.47. The services for incarcerated inmates shall exceed the level of services available under the basic health plan for subsidized enrollees only to the extent that they have been identified by the secretary as medically necessary. At such time as the legislature adopts a uniform benefits package pursuant to RCW 43.72.130, the department shall replace the schedule of services for incarcerated inmates with the health care services allowed under the uniform benefits package. The uniform benefits package of services for incarcerated inmates shall exceed the services available under the uniform benefits package only to the extent that they have been identified as medically necessary and appropriate supplemental benefits and services by the secretary."
Representatives Morris and Silver spoke in favor of the adoption of the amendment to the committee amendment and it was adopted.
With the consent of the House, Representative Pruitt withdrew amendment number 1194 to Engrossed Substitute Senate Bill No. 6244.
Representative Grant moved adoption of the following amendment by Representatives Grant and others to the committee amendment:
On page 83, line 5 of the amendment, strike "13,823,000" and insert "14,823,000"
On page 83, line 14 of the amendment, strike "20,078,000" and insert "21,078,000"
On page 83, after line 26 of the amendment, insert:
"(4) The department shall report to the governor and the appropriate fiscal committees of the legislature, by November 15, 1994, regarding administrative costs of the agency and how such costs are being allocated between programs and fund sources within the agency."
Representatives Grant and Chandler spoke in favor of the adoption of the amendment to the committee amendment and it was adopted.
Representative King moved adoption of the following amendment by Representatives King and others to the committee amendment:
On page 84, after line 22 of the amendment, insert:
"(4) By January 1, 1995, the administrator of the office of marine safety, in consultation with the departments of ecology and health, shall develop a ballast water control report form to obtain information on ballast discharge procedures.
(5) The information on the form may include, but shall not be limited to, the following:
(a) The date;
(b) Vessel identification and port of registry;
(c) The owner or operator and shipping agent;
(d) The presence of the guidelines;
(e) The last port of call and date of departure;
(f) The next port of call and date of arrival;
(g) The quantity and sources of ballast water or sediment carried on arrival in Washington port;
(h) The quantity of ballast water or sediment discharged into or taken from this port before departure;
(i) The type of ballast water control action taken; and
(j) The salinity of ballast water discharged or taken on.
(6) Beginning June 1, 1995, the administrator of the office of marine safety shall make the form and directions for completion available to the owner or operator of any vessel that is capable of discharging ballast and that calls in Washington for the purpose of discharging or loading cargo or bunkering. The form shall be completed and returned to the administrator. The administrator, in cooperation with the departments of ecology and health, shall analyze the information collected in the ballast water control report forms and shall report its findings to the appropriate committees of the legislature by July 1, 1996."
Representatives King, Jones and Heavey spoke in favor of the adoption of the amendment to the committee amendment and Representatives Rust, Horn, Schmidt, L. Johnson and Reams spoke against it.
Representative King again spoke in favor of adoption of the amendment and Representative Horn again spoke against it.
The Speaker divided the House. The results of the division was: 26-YEAS; 67-NAYS. The amendment to the committee amendment was not adopted.
Representative Kremen moved adoption of the following amendment by Representatives Kremen and others to the committee amendment:
On page 88, line 7 of the amendment, strike "36,333,000" and insert "36,348,000"
On page 88, line 14 of the amendment, strike "72,974,000" and insert "72,989,000"
On page 90, after line 19 of the amendment, insert:
"(m) $12,500 of the general fund-state appropriation is provided solely to publicize and make available to school districts a listing of the many instructional materials that encourage teenage sexual abstinence."
Representatives Kremen and Schoesler spoke in favor of the adoption of the amendment to the committee amendment and it was adopted.
Representative Brough moved adoption of the following amendment by Representative Brough to the committee amendment:
On page 88, line 12 of the amendment, strike "3,197,000" and insert "((3,197,000)) 5,197,000"
On page 88, line 14 of the amendment, strike "72,974,000" and insert "74,974,000"
On page 89, beginning on line 35 of the amendment, after "events." strike all materials through "year" on line 2, page 90 of the amendment and insert "The superintendent shall establish a competitive grant process for award of these funds in the 1994-95 school year"
Representative Brough spoke in favor of the adoption of the amendment to the committee amendment and Representative Dorn spoke against it.
Representative Brough again spoke in favor of adoption of the amendment.
The amendment was not adopted.
Representative Brough moved adoption of the following amendment by Representatives Brough and Dorn to the committee amendment:
On page 96, beginning on line 2 of the amendment, after "shall" strike all materials through "basis" on line 3 and insert "allocate the funds at a maximum rate of $19.71 per full time equivalent student beginning September 1, 1994, and ending June 30, 1995"
On page 96, line 13 of the amendment after "be" insert "for equipment and materials for use at school building sites only and shall be"
Representatives Brough and Dorn spoke in favor of the adoption of the amendment to the committee amendment and it was adopted.
With the consent of the House, Representative Holm withdrew amendment number 1183 to Engrossed Substitute Senate Bill No. 6244.
With the consent of the House, Representative Carlson withdrew amendment number 1182 to Engrossed Substitute Senate Bill No. 6244.
Representative Zellinsky moved adoption of the following amendment by Representatives Zellinsky and others to the committee amendment:
On page 109, line 11 of the amendment, strike "673,452,000" and insert "673,599,000"
On page 109, line 18 of the amendment, strike "719,987,000" and insert "720,134,000"
On page 110, line 25 of the amendment, strike "$150,000" and insert "(($150,000)) $297,000"
Representatives Zellinsky, Schmidt and R. Meyers spoke in favor of the adoption of the amendment to the committee amendment and Representatives Sommers, Pruitt and Jacobsen spoke against it.
The Speaker divided the House. The result of the division was: 29-YEAS; 64-NAYS. The amendment to the committee amendment was not adopted.
With the consent of the House, Representative Forner withdrew amendment number 1208 to Engrossed Substitute Senate Bill No. 6244.
Representative Horn moved adoption of the following amendment by Representatives Horn and others to the committee amendment:
On page 135, after line 24 of the amendment, insert:
"General Fund-State:
For transfer to the unemployment compensation fund: . . . . . . . . . . . . . . . . . . . . . . 21,400,000"
On page 135, line 26 of the amendment strike "118,200,000" and insert "139,600,000"
Representatives Horn, Dyer and Lisk spoke in favor of the adoption of the amendment to the committee amendment and Representatives Heavey and Sommers spoke against it.
Representative Heavey: Mr. Speaker, could we talk to the amendment and not to the employment security department for its lack of mistake or whatever.
Representative Reams demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on adoption of the amendment to the committee amendment on page 135, after line 24, to Engrossed Substitute Senate Bill No. 6244, and the amendment was not adopted by the following vote: Yeas - 36, Nays - 57, Absent - 0, Excused - 5.
Voting yea: Representatives Backlund, Ballard, Ballasiotes, Brough, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cooke, Dyer, Edmondson, Foreman, Forner, Horn, Lemmon, Lisk, Long, Mastin, McMorris, Padden, Rayburn, Reams, Schmidt, Schoesler, Sehlin, Sheahan, Silver, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Van Luven and Wood - 36.
Voting nay: Representatives Anderson, Appelwick, Basich, Bray, Brown, Caver, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Linville, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Roland, Romero, Rust, Scott, Sheldon, Shin, Sommers, Springer, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 57.
Excused: Representatives Fuhrman, Leonard, Mielke, Riley and Thibaudeau - 5.
Representative Cooke moved adoption of the following amendment by Representatives Cooke and others to the committee amendment:
On page 137, after line 7 of the amendment, insert the following:
"NEW SECTION. Sec. 903. A new section is added to chapter 24, Laws of 1993 sp.s. (uncodified) to read as follows:
The education enhancement account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for K-12 programs that do not fall within the definition of basic education under Article IX of the State Constitution."
On page 137, line 8 of the amendment, strike all of section 903 and insert the following:
"Sec. 904. RCW 67.70.040 and 1991 c 359 s 1 are each amended to read as follows:
The commission shall have the power, and it shall be its duty:
(1) To promulgate such rules governing the establishment and operation of a state lottery as it deems necessary and desirable in order that such a lottery be initiated at the earliest feasible and practicable time, and in order that such lottery produce the maximum amount of net revenues for the state consonant with the dignity of the state and the general welfare of the people. Such rules shall include, but shall not be limited to, the following:
(a) The type of lottery to be conducted which may include the selling of tickets or shares. The use of electronic or mechanical devices or video terminals which allow for individual play against such devices or terminals shall be prohibited. Approval of the legislature shall be required before entering any agreement with other state lotteries to conduct shared games;
(b) The price, or prices, of tickets or shares in the lottery;
(c) The numbers and sizes of the prizes on the winning tickets or shares;
(d) The manner of selecting the winning tickets or shares;
(e) The manner and time of payment of prizes to the holder of winning tickets or shares which, at the director's option, may be paid in lump sum amounts or installments over a period of years;
(f) The frequency of the drawings or selections of winning tickets or shares, without limitation;
(g) Without limit as to number, the type or types of locations at which tickets or shares may be sold;
(h) The method to be used in selling tickets or shares;
(i) The licensing of agents to sell or distribute tickets or shares, except that a person under the age of eighteen shall not be licensed as an agent;
(j) The manner and amount of compensation, if any, to be paid licensed sales agents necessary to provide for the adequate availability of tickets or shares to prospective buyers and for the convenience of the public;
(k) The apportionment of the total revenues accruing from the sale of lottery tickets or shares and from all other sources among: (i) The payment of prizes to the holders of winning tickets or shares, which shall not be less than forty-five percent of the gross annual revenue from such lottery, less amounts of unclaimed prizes deposited in the general fund under RCW 67.70.190 during the fiscal year ending June 30, 1989, (ii) transfers to the lottery administrative account created by RCW 67.70.260, and (iii) transfer to the ((state's general fund. Transfers to the state general fund shall be made in compliance with RCW 43.01.050)) education enhancement account created under section 903, chapter..., Laws of 1994 (this act);
(l) Such other matters necessary or desirable for the efficient and economical operation and administration of the lottery and for the convenience of the purchasers of tickets or shares and the holders of winning tickets or shares.
(2) To ensure that in each place authorized to sell lottery tickets or shares, on the back of the ticket or share, and in any advertising or promotion there shall be conspicuously displayed an estimate of the probability of purchasing a winning ticket.
(3) To amend, repeal, or supplement any such rules from time to time as it deems necessary or desirable.
(4) To advise and make recommendations to the director for the operation and administration of the lottery.
Sec. 905. RCW 67.70.240 and 1987 c 513 s 7 are each amended to read as follows:
The moneys in the state lottery account shall be used only: (1) For the payment of prizes to the holders of winning lottery tickets or shares; (2) for purposes of making deposits into the reserve account created by RCW 67.70.250 and into the lottery administrative account created by RCW 67.70.260; (3) for purposes of making deposits into the ((state's general fund)) education enhancement account created under section 903, chapter ..., Laws of 1994 (this act); (4) for purposes of making deposits into the housing trust fund under the provisions of *section 7 of this 1987 act; (5) for the purchase and promotion of lottery games and game-related services; and (6) for the payment of agent compensation.
The office of financial management shall require the allotment of all expenses paid from the account and shall report to the ways and means committees of the senate and house of representatives any changes in the allotments."
On page 102, line 36 of the amendment, strike line 36 and line 1 on page 103 and insert the following:
"((General Fund Appropriation......$ 47,832,000 ))
Education Enhancement Account Appropriation .....$57,587,000"
On page 104, line 5 of the amendment, strike line 5 and insert the following:
"((General Fund Appropriation......$ 57,990,000 ))
Education Enhancement Account Appropriation......$"
On page 106, line 14 of the amendment, strike "52,300,000" and insert "((52,300,000)) 39,836,000
Education Enhancement Account Appropriation........$ 12,464,000
TOTAL APPROPRIATION..........$ 52,300,000"
Representatives Cooke, B. Thomas and Carlson spoke in favor of the adoption of the amendment to the committee amendment and Representatives Dorn and G. Fisher spoke against it.
The amendment was not adopted.
Representative Cooke moved adoption of the following amendment by Representatives Cooke and others to the committee amendment:
On page 137, after line 7 of the amendment, insert the following:
"NEW SECTION. Sec. 903. A new section is added to chapter 24, Laws of 1993 sp.s. (uncodified) to read as follows:
The education enhancement account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for K-12 programs that do not fall within the definition of basic education under Article IX of the State Constitution."
On page 137, line 8 of the amendment, strike all of section 903 and insert the following:
"Sec. 904. RCW 67.70.040 and 1991 c 359 s 1 are each amended to read as follows:
The commission shall have the power, and it shall be its duty:
(1) To promulgate such rules governing the establishment and operation of a state lottery as it deems necessary and desirable in order that such a lottery be initiated at the earliest feasible and practicable time, and in order that such lottery produce the maximum amount of net revenues for the state consonant with the dignity of the state and the general welfare of the people. Such rules shall include, but shall not be limited to, the following:
(a) The type of lottery to be conducted which may include the selling of tickets or shares. The use of electronic or mechanical devices or video terminals which allow for individual play against such devices or terminals shall be prohibited. Approval of the legislature shall be required before entering any agreement with other state lotteries to conduct shared games;
(b) The price, or prices, of tickets or shares in the lottery;
(c) The numbers and sizes of the prizes on the winning tickets or shares;
(d) The manner of selecting the winning tickets or shares;
(e) The manner and time of payment of prizes to the holder of winning tickets or shares which, at the director's option, may be paid in lump sum amounts or installments over a period of years;
(f) The frequency of the drawings or selections of winning tickets or shares, without limitation;
(g) Without limit as to number, the type or types of locations at which tickets or shares may be sold;
(h) The method to be used in selling tickets or shares;
(i) The licensing of agents to sell or distribute tickets or shares, except that a person under the age of eighteen shall not be licensed as an agent;
(j) The manner and amount of compensation, if any, to be paid licensed sales agents necessary to provide for the adequate availability of tickets or shares to prospective buyers and for the convenience of the public;
(k) The apportionment of the total revenues accruing from the sale of lottery tickets or shares and from all other sources among: (i) The payment of prizes to the holders of winning tickets or shares, which shall not be less than forty-five percent of the gross annual revenue from such lottery, less amounts of unclaimed prizes deposited in the general fund under RCW 67.70.190 during the fiscal year ending June 30, 1989, (ii) transfers to the lottery administrative account created by RCW 67.70.260, and (iii) transfer to the ((state's general fund. Transfers to the state general fund shall be made in compliance with RCW 43.01.050)) education enhancement account created under section 903, chapter..., Laws of 1994 (this act);
(l) Such other matters necessary or desirable for the efficient and economical operation and administration of the lottery and for the convenience of the purchasers of tickets or shares and the holders of winning tickets or shares.
(2) To ensure that in each place authorized to sell lottery tickets or shares, on the back of the ticket or share, and in any advertising or promotion there shall be conspicuously displayed an estimate of the probability of purchasing a winning ticket.
(3) To amend, repeal, or supplement any such rules from time to time as it deems necessary or desirable.
(4) To advise and make recommendations to the director for the operation and administration of the lottery.
Sec. 905. RCW 67.70.240 and 1987 c 513 s 7 are each amended to read as follows:
The moneys in the state lottery account shall be used only: (1) For the payment of prizes to the holders of winning lottery tickets or shares; (2) for purposes of making deposits into the reserve account created by RCW 67.70.250 and into the lottery administrative account created by RCW 67.70.260; (3) for purposes of making deposits into the ((state's general fund)) education enhancement account created under section 903, chapter ..., Laws of 1994 (this act); (4) for purposes of making deposits into the housing trust fund under the provisions of *section 7 of this 1987 act; (5) for the purchase and promotion of lottery games and game-related services; and (6) for the payment of agent compensation.
The office of financial management shall require the allotment of all expenses paid from the account and shall report to the ways and means committees of the senate and house of representatives any changes in the allotments."
On page 102, line 36 of the amendment, strike line 36 and line 1 on page 103 and insert the following:
"((General Fund Appropriation......$ 47,832,000 ))
Education Enhancement Account Appropriation .....$47,587,000"
On page 104, line 5 of the amendment, strike line 5 and insert the following:
"((General Fund Appropriation......$ 57,990,000 ))
Education Enhancement Account Appropriation......$"
On page 106, line 14 of the amendment, strike "52,300,000" and insert "((52,300,000)) 29,836,000
Education Enhancement Account Appropriation........$ 22,464,000
TOTAL APPROPRIATION..........$ 52,300,000"
Representatives Cooke and Forner spoke in favor of the adoption of the amendment to the committee amendment. Representatives Dorn and R. Johnson spoke against.
The amendment was not adopted.
Representative Forner moved adoption of the following amendment by Representatives Forner and Reams to the committee amendment:
On page 142, after line 27 of the amendment, insert the following:
"Sec. 907. RCW 82.04.290 and 1993 sp.s. c 25 s 203 are each amended to read as follows:
(1) Upon every person engaging within this state in the business of providing selected business services other than or in addition to those enumerated in RCW 82.04.250 or 82.04.270; as to such persons the amount of tax on account of such activities shall be equal to the gross income of the business multiplied by the rate of ((2.5)) 1.5 percent.
(2) Upon every person engaging within this state in banking, loan, security, investment management, investment advisory, or other financial businesses; as to such persons, the amount of the tax with respect to such business shall be equal to the gross income of the business, multiplied by the rate of 1.70 percent.
(3) Upon every person engaging within this state in any business activity other than or in addition to those enumerated in RCW 82.04.230, 82.04.240, 82.04.250, 82.04.255, 82.04.260, 82.04.270, and 82.04.280, and subsections (1) and (2) of this section; as to such persons the amount of tax on account of such activities shall be equal to the gross income of the business multiplied by the rate of ((2.0)) 1.5 percent. This section includes, among others, and without limiting the scope hereof (whether or not title to materials used in the performance of such business passes to another by accession, confusion or other than by outright sale), persons engaged in the business of rendering any type of service which does not constitute a "sale at retail" or a "sale at wholesale." The value of advertising, demonstration, and promotional supplies and materials furnished to an agent by his principal or supplier to be used for informational, educational and promotional purposes shall not be considered a part of the agent's remuneration or commission and shall not be subject to taxation under this section.
Sec. 908. RCW 82.04.300 and 1993 sp.s. c 25 s 205 are each amended to read as follows:
(1)(a) This chapter shall apply to any person engaging in any business activity taxable under RCW 82.04.230, 82.04.240, ((82.04.250,)) 82.04.255, 82.04.260, 82.04.270, 82.04.280, and 82.04.290(2) other than those whose value of products, gross proceeds of sales, or gross income of the business is less than one thousand dollars per month: PROVIDED, That where one person engages in more than one business activity and the combined measures of the tax applicable to such businesses equal or exceed one thousand dollars per month, no exemption or deduction from the amount of tax is allowed by this ((section)) subsection.
(b) This chapter shall apply to any person engaging in any business activity taxable under RCW 82.04.250 other than those whose value of products, gross proceeds of sales, or gross income of the business is less than twenty-five thousand dollars per month. However, where one person engages in more than one business activity and the combined measures of the tax applicable to such businesses equal or exceed twenty-five thousand dollars per month, no exemption or deduction for the amount of tax is allowed by this subsection.
(c) This chapter shall apply to any person engaging in any business activity taxable under RCW 82.04.290(1) and (3) other than those whose value of products, gross proceeds of sales, or gross income of the business is less than twelve thousand five hundred dollars per month. However, where one person engages in more than one business activity and the combined measures of the tax applicable to such businesses equal or exceed twelve thousand five hundred dollars per month, no exemption or deduction for the amount of tax is allowed by this subsection.
(2) Any person claiming exemption under the provisions of this section may be required, according to rules adopted by the department, to file returns even though no tax may be due. The department of revenue may allow exemptions, by general rule or regulation, in those instances in which quarterly, semiannual, or annual returns are permitted. Exemptions for such periods shall be equivalent in amount to the total of exemptions for each month of a reporting period.
NEW SECTION. Sec. 909. The department of revenue may not recategorize entities or businesses impacted by sections 1 and 2 of this act in a manner that would effectively increase the rate of applicable taxation."
Representative G. Fisher requested a ruling on the scope and object of the amendment to Engrossed Substitute Senate Bill No. 6244.
In ruling on the point of order raised by Representative G. Fisher, the Speaker finds that Engrossed Substitute Senate Bill No. 6244 is a measure which makes appropriations for the supplemental operating budget for the remainder of the 1993-95 biennium.
Amendment 1228 would change the statutory rate of business and occupation tax for certain business services and would change the statutory requirements for exemptions to the business and occupation tax for retailers and certain business services.
The Speaker therefore finds that the proposed amendment does change the scope and object of the underlying bill and that the point of order is well taken.
Representative Sommers moved adoption of the following amendment by Representative Sommers to the committee amendment:
On page 142, after line 27 of the amendment, insert the following:
"NEW SECTION. Sec. 907. The department of social and health services shall design and implement a public assistance reform program which incorporates, but is not limited to, the following initiatives:
(a) Mandatory participation in the job opportunities and basic skills program for recipients of aid to families with dependent children who are pregnant or parenting teens or who have received assistance for 36 of the last 60 months;
(b) Ineligibility for public assistance for pregnant or parenting teens who do not live with another adult or are not subject to protective payee requirements;
(c) Payment of cash instead of food stamps or use of electronic benefits transfer for participants in the job opportunities and basic skills program;
(d) An annual benefit reduction of ten percent for individuals who have received public assistance for 48 of the last 60 months, combined with freezing other benefits to ensure that reductions are not diluted by increases in other benefits; and
(e) The ability for recipients subject to the benefit reduction to earn back amounts lost due to length of stay.
The department of social and health services shall make any state plan amendments that may be necessary to implement any of the initiatives described in this section. The department shall request the governor to seek congressional action on any federal legislation that may be necessary to implement any of the initiatives described in this section. By October 1, 1994, the department shall request the governor to seek federal agency action on any federal regulation that may require a federal waiver.
By January 1, 1995, the department of social and health services shall submit a report to the appropriate committees of the legislature regarding the program design, necessary state legislation changes, status of waiver requests, a plan for implementation beginning on July 1, 1995, and the fiscal impact of the program."
On page 51, after line 36 of the amendment, insert the following:
(8) The job opportunities and basic skills training program shall place a high priority on participants gaining work experience and participants will normally be expected to take any job offered unless there is good cause to refuse to accept a job. Good cause shall be found if any of the conditions described in RCW 74.25.020(3) are met, or if accepting a job would result in a participant having to discontinue an education or job training program that is part of the participant's employability plan prior to completion of such education or job training program.
The department of social and health services shall track the experience of those recipients who accept any job offered as part of their job opportunities and basic skills program participation.
Hours of unsubsidized employment shall count towards participation requirements independent of date of hire or concurrent participation in other components of the job opportunities and basic skills program. The services specified in the employability plan will be targeted as follows:
(a) Participants under age twenty may be required to complete high school or other basic skills training;
(b) Participants who do not have recent work experience shall be required to participate in paid or unpaid work experience or activities leading directly to such experience, including job search, job readiness, and job skills training;
(c) Participants who have recent work experience and more than a high school diploma shall be required to participate in job search; and
(d) Vocational education programs shall be emphasized over postsecondary education programs."
Representatives Sommers and Silver spoke in favor of the adoption of the amendment to the committee amendment and it was adopted.
The committee amendment as amended was adopted.
With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6244 as amended by the House.
Representatives Sommers spoke in favor of passage of the bill and Representatives Silver, Tate and Dyer spoke against it.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6244 as amended by the House, and the bill passed the House by the following vote: Yeas - 60, Nays - 33, Absent - 0, Excused - 5.
Voting yea: Representatives Anderson, Appelwick, Basich, Bray, Brown, Caver, Chappell, Cole, G., Conway, Cothern, Dellwo, Dorn, Dunshee, Eide, Finkbeiner, Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Mastin, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Roland, Romero, Rust, Scott, Sheldon, Shin, Sommers, Springer, Valle, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 60.
Voting nay: Representatives Backlund, Ballard, Ballasiotes, Brough, Brumsickle, Campbell, Carlson, Casada, Chandler, Cooke, Dyer, Edmondson, Fisher, G., Foreman, Forner, Horn, Lisk, Long, McMorris, Padden, Reams, Schmidt, Schoesler, Sehlin, Sheahan, Silver, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Van Luven and Wood - 33.
Excused: Representatives Fuhrman, Leonard, Mielke, Riley and Thibaudeau - 5.
Engrossed Substitute Senate Bill No. 6244 as amended by the House, having received the constitutional majority, was declared passed.
The Speaker declared the House to be at ease.
The Speaker called the House to order.
MOTION
Representative Peery moved that the House immediately consider the following bills in the following order: House Bill No. 2663 and House Bill No. 2671. The motion was carried.
HOUSE BILL NO. 2663, by Representatives Finkbeiner, Foreman, Cothern, G. Fisher, Forner, Patterson, Shin, Dorn, Bray, R. Meyers, Basich, Johanson, Pruitt, Ogden, Wolfe, Quall, Jones, Moak, H. Myers, Kessler, Springer, King, Morris, Cooke, Backlund and L. Johnson; by request of Governor Lowry
Providing tax credits and deferrals for high-technology businesses.
The bill was read the second time.
On motion of Representative G. Fisher, Substitute House Bill No. 2663 was substituted for House Bill No. 2663, and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2663 was read the second time.
Representative Finkbeiner moved adoption of the following amendment by Representative Finkbeiner:
On page 3, line 28, after "subsection" strike "(4)" and insert "(3)"
On page 6, line 13, after "manufacturing or" strike "qualifying" and insert "qualified"
On page 6, line 23, after "manufacturing or" strike "qualifying" and insert "qualified"
On page 6, line 32, after "chapter," strike "new" and insert "qualified"
On page 6, line 32, after "equipment" strike "means" and insert "must be"
On page 6, line 34, after "holder" strike ". Used" and insert ", except that used"
On page 6, beginning on line 34, after "treated as" strike "new equipment and machinery" and insert "qualified machinery and equipment"
Representatives Finkbeiner and Foreman spoke in favor of the adoption of the amendment and it was adopted.
With the consent of the House, Representative Heavey withdrew amendment number 1224 to Substitute House Bill No. 2663.
The bill was ordered engrossed. With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2663.
Representatives Finkbeiner, Foreman, Cothern, Shin, L. Johnson, Backlund, Johanson and Dyer spoke in favor of passage of the bill.
On motion of Representative Wood, Representative Forner was excused.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2663, and the bill passed the House by the following vote: Yeas - 85, Nays - 7, Absent - 0, Excused - 6.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Edmondson, Eide, Finkbeiner, Fisher, G., Flemming, Foreman, Grant, Hansen, Heavey, Holm, Horn, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Springer, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wood, Zellinsky and Mr. Speaker - 85.
Voting nay: Representatives Brough, Cole, G., Fisher, R., Jacobsen, Rust, Sommers and Wolfe - 7.
Excused: Representatives Forner, Fuhrman, Leonard, Mielke, Riley and Thibaudeau - 6.
Engrossed Substitute House Bill No. 2663, having received the constitutional majority, was declared passed.
There being no objection, the House reverted to the fifth order of business.
SUPPLEMENTAL REPORTS OF STANDING COMMITTEES
February 25, 1994
SSB 5016 Prime Sponsor, Committee on Energy & Utilities: Modifying provisions for city and county utility liens. Reported by Committee on Energy & Utilities
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 35.21 RCW to read as follows:
(1) For residential premises only, the property of a landlord is not subject to a lien under RCW 35.21.290, 35.67.200, or 36.94.150 if, prior to the commencement of a rental agreement between a landlord and a tenant in which the tenant is responsible under the agreement for the payment of utility charges, the landlord notifies the affected utility in writing of the tenants' responsibility for such charges and provides such information as reasonably required by the utility. For this section to be in effect the landlord must also notify the utility in writing of the termination of the rental agreement prior to such termination, or upon the tenant's vacating the property, whichever occurs first.
(2) The provisions of this section only apply to utilities that operate a residential security deposit system. A "residential security deposit system" means a uniform system of screening customers, or a class of customers of which the tenant in question is a member, and setting and collecting deposit requirements based upon such screening.
Sec. 2. RCW 35.21.290 and 1965 c 7 s 35.21.290 are each amended to read as follows:
(1) Cities and towns owning their own waterworks, or electric light or power plants shall have a lien against the premises to which water, electric light, or power services were furnished for four months charges therefor due or to become due, but not for any charges more than four months past due: PROVIDED, That the owner of the premises or the owner of a delinquent mortgage thereon may give written notice to the superintendent or other head of such works or plant to cut off service to such premises accompanied by payment or tender of payment of the then delinquent and unpaid charges for such service against the premises together with the cut-off charge, whereupon the city or town shall have no lien against the premises for charges for such service thereafter furnished, nor shall the owner of the premises or the owner of a delinquent mortgage thereon be held for the payment thereof.
(2) A city or town electric or water utility shall furnish information relating to a customer's current billing status and payment history with the utility for the preceding twelve-month period, including any unpaid delinquencies to the customer within seven working days of receipt of the request from the customer. The utility may verify, upon request of a landlord, any utility information supplied by a prospective tenant to the landlord. The utility may in addition furnish the information to other public or private utilities or a utility information network, provided that the customer is timely mailed a copy of the information furnished and advised of the opportunity to dispute any of the information furnished by filing written objections with the utility. If objections are filed, the utility shall promptly investigate the objections and notify the utility or information network to whom the information was furnished if corrections are required. The utility may charge the customer who requests a current billing status, including any unpaid delinquencies a reasonable fee for providing the information but may at its discretion waive the fee. For the purposes of this section, the term "customer" shall include the owner of the property served if the owner would be held responsible for outstanding charges not paid by the person named in the utility account. Credit information and reports must be compiled, recorded, kept, and disseminated in accordance with chapter 19.182 RCW.
(3) A city or town furnishing service to a premises in the name of a tenant shall provide the tenant and landlord, if the latter so requests, a copy of unpaid delinquency notices and the final closing bill for the service. The request by a landlord must be in writing and shall remain effective until the utility is otherwise notified by the landlord. It is the responsibility of the landlord to notify the utility of a change of address. The utility shall provide a copy of the final closing bill within seven working days of the date of termination of the account or within seven working days of a landlord's request, if the request is made subsequent to termination of the account. Copies of the billing may be sent by mail or a more expeditious means to the last known address of the tenant or landlord.
(4) If a former customer has an outstanding utility charge from a prior account and subsequently applies to open or opens a new account with the utility, the utility may require payment of the outstanding charge prior to opening the account or may transfer the outstanding charge to the customer's new account. If a new account is opened and the outstanding charge or current service charges are not timely paid, the utility may exercise the authority it has to disconnect service as if the outstanding charge had been incurred on the new account. This section does not limit the former customer's right to contest whether the outstanding charges are lawfully owed and shall not be construed to transfer the prior obligations of the former customer to the owner of property subsequently rented by the former customer. This section does not apply to low-income customers. Low-income customers may be defined by the city or town or, if not, are households which have a total income below eighty percent of the median household income in the county or standard metropolitan statistical area where the household is located, whichever is greater.
(5) For residential property only, if a landlord establishes that a utility has not made a good faith effort to provide the information or notices requested by the landlord under subsections (2) and (3) of this section, then any lien imposed on that premises under subsection (1) of this section for charges assessed to the existing tenant during the time of noncompliance shall be dissolved. If the landlord becomes aware that information or a notice was not sent, the period of noncompliance shall not run longer than seven days after the landlord becomes so aware, unless the landlord notifies the utility within that period that the information or notice was not sent. "Good faith effort" may be established by record of electronic notation or any other reasonable evidence of efforts to comply.
(6) Liens created in this section are subject to section 1 of this act.
Sec. 3. RCW 35.67.200 and 1991 c 36 s 2 are each amended to read as follows:
(1) Cities and towns owning their own sewer systems shall have a lien for delinquent and unpaid rates and charges for sewer service, penalties levied pursuant to RCW 35.67.190, and connection charges, including interest thereon, against the premises to which such service has been furnished or is available, which lien shall be superior to all other liens and encumbrances except general taxes and local and special assessments. The city or town by ordinance may provide that delinquent charges shall bear interest at not exceeding eight percent per annum computed on a monthly basis: PROVIDED, That a city or town using the property tax system for utility billing may, by resolution or ordinance, adopt the alternative lien procedure as set forth in RCW 35.67.215.
(2) Cities and towns shall furnish information relating to a customer's current billing status and payment history with utility for the preceding twelve-month period, including any unpaid delinquencies to the customer within seven working days of receipt of the request from the customer. The utility may verify, upon request of a landlord, any utility information supplied by a prospective tenant to the landlord. Cities and towns may in addition furnish the information to public or private utilities or a utility information network, provided that the customer is timely mailed a copy of the information furnished and advised of the opportunity to dispute any of the information furnished by filing written objections with the city or town. If objections are filed, the city or town shall promptly investigate the objections and notify the utility or information network to whom the information was furnished if corrections are required. The city or town may charge the customer who requests a current billing status, including any unpaid delinquencies a reasonable fee for providing such information but may at its discretion waive the fee. For the purposes of this section, the term "customer" shall include the owner of the property served if the owner would be held responsible for outstanding charges not paid by the person named in the utility account. Credit information and reports must be compiled, recorded, kept, and disseminated in accordance with chapter 19.182 RCW.
(3) A city or town furnishing service to a premises in the name of a tenant shall provide the tenant and landlord, if the latter so requests, a copy of unpaid delinquency notices and the final closing bill for the service. The request by a landlord must be in writing and shall remain effective until the city or town is otherwise notified by the landlord. It is the responsibility of the landlord to notify the city or town of a change of address. The city or town shall provide a copy of the final closing bill within seven working days of the date of termination of the account or within seven working days of a landlord's request, if the request is made subsequent to termination of the account. Copies of the billing may be sent by mail or a more expeditious means to the last known address of the tenant or landlord.
(4) If a former customer has an outstanding utility charge from a prior account and subsequently applies to open or opens a new account with the utility, the utility may require payment of the outstanding charge prior to opening the account or may transfer the outstanding charge to the customer's new account. If a new account is opened and the outstanding charge or current service charges are not timely paid, the utility may exercise the authority it has as if the outstanding charge had been incurred on the new account. This section does not limit the former customer's right to contest whether the outstanding charges are lawfully owed and shall not be construed to transfer the prior obligations of the former customer to the owner of property subsequently rented by the former customer. This section does not apply to low-income customers. Low-income customers may be defined by the city or town or, if not, are households which have a total income below eighty percent of the median household income in the county or standard metropolitan statistical area where the household is located, whichever is greater.
(5) For residential property only, if a landlord establishes that a utility has not made a good faith effort to provide the information or notices requested by the landlord under subsections (2) and (3) of this section, then any lien imposed on that premises under subsection (1) of this section for charges assessed to the existing tenant during the time of noncompliance shall be dissolved. If the landlord becomes aware that information or a notice was not sent, the period of noncompliance shall not run longer than seven days after the landlord becomes so aware, unless the landlord notifies the utility within that period that the information or notice was not sent. "Good faith effort" may be established by record of electronic notation or any other reasonable evidence of efforts to comply.
(6) Liens created in this section are subject to section 1 of this act.
Sec. 4. RCW 36.94.150 and 1975 1st ex.s. c 188 s 3 are each amended to read as follows:
(1) All counties operating a system of sewerage and/or water shall have a lien for delinquent connection charges and charges for the availability of sewerage and/or water service, together with interest fixed by resolution at eight percent per annum from the date due until paid. Penalties of not more than ten percent of the amount due may be imposed in case of failure to pay the charges at times fixed by resolution. The lien shall be for all charges, interest, and penalties and shall attach to the premises to which the services were available. The lien shall be superior to all other liens and encumbrances, except general taxes and local and special assessments of the county.
The county department established in RCW 36.94.120 shall certify periodically the delinquencies to the treasurer of the county at which time the lien shall attach.
Upon the expiration of sixty days after the attachment of the lien, the county may bring suit in foreclosure by civil action in the superior court of the county where the property is located. In addition to the costs and disbursements provided by statute, the court may allow the county a reasonable attorney's fee. The lien shall be foreclosed in the same manner as the foreclosure of real property tax liens.
(2) Counties shall furnish information relating to a customer's current billing status and payment history with the utility for the preceding twelve-month period, including any unpaid delinquencies to the customer within seven working days of receipt of the request from the customer. The utility may verify, upon request of a landlord, any utility information supplied by a prospective tenant to the landlord. Counties may in addition furnish the information to public or private utilities or a utility information network, provided that the customer is timely mailed a copy of the information furnished and advised of the opportunity to dispute the information furnished by filing written objections with the county. If objections are filed, the county shall promptly investigate the objections and notify the utility or information network to whom the information was furnished if corrections are required. The county may charge the customer who requests a current billing status, including any unpaid delinquencies a reasonable fee for providing the information but may at its discretion waive the fee. For the purposes of this section, the term "customer" shall include the owner of the property served if the owner would be held responsible for outstanding charges not paid by the person named in the utility account. Credit information and reports must be compiled, recorded, kept, and disseminated in accordance with chapter 19.182 RCW.
(3) Counties furnishing service to a premises in the name of a tenant shall provide the tenant and landlord, if the latter so requests, a copy of unpaid delinquency notices and the final closing bill for the service. The request by a landlord must be in writing and shall remain effective until the county is otherwise notified by the landlord. It is the responsibility of the landlord to notify the county of a change of address. The county shall provide a copy of the final closing bill within seven working days of the date of termination of the account or within seven working days of a landlord's request, if the request is made subsequent to termination of the account. Copies of the billing may be sent by mail or a more expeditious means to the last known address of the tenant or landlord.
(4) If a former customer has an outstanding utility charge from a prior account and subsequently applies to open or opens a new account with the county, the county may require payment of the outstanding charge prior to opening the account or may transfer the outstanding charge to the customer's new account. If a new account is opened and the outstanding charge or current service charges are not timely paid, the county may exercise the authority it has to disconnect water service as if the outstanding charge had been incurred on the new account. This section does not limit the former customer's right to contest whether the outstanding charges are lawfully owed and shall not be construed to transfer the prior obligations of the former customer to the owner of property subsequently rented by the former customer. This section does not apply to low-income customers. Low-income customers may be defined by the city or town or, if not, are households which have a total income below eighty percent of the median household income in the county or standard metropolitan statistical area where the household is located, whichever is greater.
(5) For residential property only, if a landlord establishes that a utility has not made a good faith effort to provide the information or notices requested by the landlord under subsections (2) and (3) of this section, then any lien imposed on that premises under subsection (1) of this section for charges assessed to the existing tenant during the time of noncompliance shall be dissolved. If the landlord becomes aware that information or a notice was not sent, the period of noncompliance shall not run longer than seven days after the landlord becomes so aware, unless the landlord notifies the utility within that period that the information or notice was not sent. "Good faith effort" may be established by record of electronic notation or any other reasonable evidence of efforts to comply.
(6) Liens created in this section are subject to section 1 of this act.
NEW SECTION. Sec. 5. Sewer districts, established under Title 56 RCW, and water districts, established under Title 57 RCW, shall review customer billing information, and information sharing with landlords and other utilities, and other means of addressing delinquent payments by customers and report to the energy and utilities committees of the senate and house of representatives with recommendations by October 1, 1994.
NEW SECTION. Sec. 6. A new section is added to chapter 35.21 RCW to read as follows:
After the effective date of this section and except for charges to residential premises not subject to a shutoff lien pursuant to section 1 of this act, all unpaid charges at the time of real property sale for water, storm water, sewer, garbage, electricity, and natural gas furnished to that real property owed to a city, town, or county together with interest on the charges at the legal rate, are declared to be a lien for which no filing is required on the real property to which the services were furnished. The lien created by this section shall be in addition to any other lien provided by law and shall be satisfied after all other liens to which the real property is subject; however, the lien shall not affect the priority or validity of other liens against the real property for the utility services authorized under this section. A lien established under this section may be foreclosed by a civil action in the superior court of the county where the property is located, but only after a fee interest is conveyed for the real property. Unless otherwise stated in writing and separately acknowledged in writing by the purchaser of a fee interest in the real property, it is the responsibility of the seller of the fee interest to satisfy upon closing the lien created by this section. No person serving as an escrow agent, as defined in RCW 18.44.010(4), including persons authorized in RCW 18.44.020 to act without a certificate of registration, may refuse a request by the seller of a fee interest or purchaser of a fee interest to administer the disbursement of closing funds necessary to satisfy a lien under this section. If an escrow agent, as specified above, handles the sale, the escrow agent shall timely request a final billing under section 7 of this act from all affected utilities, and inform the seller and the purchaser of all amounts for final estimated billings furnished by those utilities prior to closing. Final billing shall include all outstanding charges. "Charges" as used in this section includes all lawful charges assessed by the utility, including but not limited to consumption charges, connection charges, contributions provided for by state law, charges for meters and other equipment provided to the customer, and charges in connection with repair, replacement, or location of customer facilities.
NEW SECTION. Sec. 7. A new section is added to chapter 35.21 RCW to read as follows:
(1) Upon request for a final billing with respect to real property that is to be sold, a utility operated by a city, town, or county that provides water, storm water, sewer, garbage, electricity, or natural gas service to the property shall provide the owner of the property or the closing agent for the sale with an estimated final billing under the conditions set forth in this section.
(2) If the request for an estimated final billing is received by the billing office of the utility no less than seven working days before the closing date stated in the request, the utility shall provide the estimated final billing no less than one day before the stated closing date. However, if the request is received less than seven working days before the stated closing date, the utility shall make reasonable efforts to provide the estimated final billing prior to the stated closing date.
(3) The estimated final billing shall, in addition to stating the estimated final amount owing as of the date of the stated closing, state the average per diem rate for the utility or utilities involved, including taxes and other charges, which shall be applied for up to seven days beyond the stated date of closing in the event that the closing date is delayed. If closing is delayed beyond seven days, a new estimated final billing must be requested. In lieu of furnishing a revised billing, the utility may extend the number of days for which the per diem charge may be used.
(4) If the utility fails to timely provide the estimated final billing in response to a request made no less than seven working days before the stated closing date, the utility shall forfeit the right it may have to collect from the purchaser outstanding utility charges of the former owner that were incurred before the stated closing date.
(5) If closing occurs no later than the last date for which per diem charges may be applied, full payment of the amount plus per diem charges, shall extinguish the lien of the utility provided under section 6 of this act for charges incurred prior to the date of closing.
(6) This section does not in any manner limit the right of a utility to obtain recovery from the former owner of the property for outstanding charges that are in excess of the estimated final billing. However, if the estimated final billing is in excess of the amount owed as determined by an actual meter reading, the utility shall refund the amount to the former owner within seven working days of the actual reading by sending the refund in the owner's name to the last address given by the former owner.
(7) For the purposes of this section, a "working day" is considered to be a day that the utility in question is open for business.
NEW SECTION. Sec. 8. This act shall take effect June 1, 1995.
NEW SECTION. Sec. 9. Utilities are encouraged to implement this act before June 1, 1995."
Signed by Representatives Bray, Chair; Finkbeiner, Vice Chair; Casada, Ranking Minority Member; Caver; Johanson; Kessler; Kremen and Long.
MINORITY recommendation: Do not pass. Signed by Representative Chandler, Assistant Ranking Minority Member.
Passed to Committee on Rules for second reading.
February 24, 1994
SSB 5038 Prime Sponsor, Committee on Government Operations: Creating a procedure for local government service agreements. Reported by Committee on Local Government
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The purpose of chapter . . ., Laws of 1994 (this act) is to establish a flexible process by which local governments enter into service agreements that will establish which jurisdictions should provide various local government services and facilities within specified geographic areas and how those services and facilities will be financed.
NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "City" means a city or town, including a city operating under Title 35A RCW.
(2) "Governmental service" includes a service provided by local government, and any facilities and equipment related to the provision of such services, including but not limited to utility services, health services, social services, law enforcement services, fire prevention and suppression services, community development activities, environmental protection activities, economic development activities, and transportation services and facilities, but shall not include the generation, conservation, or distribution of electrical energy nor maritime shipping activities.
(3) "Regional service" means a governmental service established by agreement among local governments that delineates the government entity or entities responsible for the service provision and allows for that delivery to extend over jurisdictional boundaries.
(4) "Local government" means a county, city, or special district.
(5) "Service agreement" means an agreement among counties, cities, and special districts established pursuant to this chapter.
(6) "Special district" means a municipal or quasi-municipal corporation in the state, other than a county, city, or school district.
NEW SECTION. Sec. 3. A service agreement addressing children and family services shall enhance coordination and shall be consistent with the comprehensive plan developed under chapter . . ., Laws of 1994 (Engrossed Second Substitute House Bill No. 2319 or Second Substitute Senate Bill No. 6174).
NEW SECTION. Sec. 4. (1) Agreements among local governments concerning one or more governmental service should be established for a designated geographic area as provided in this section.
(2) A service agreement must describe: (a) The governmental service or services addressed by the agreement; (b) the geographic area covered by the agreement; (c) which local government or local governments are to provide each of the governmental services addressed by the agreement within the geographic area covered by the agreement; and (d) the term of the agreement, if any.
(3) A service agreement becomes effective when approved by: (a) The county legislative authority of each county that includes territory located within the geographic area covered by the agreement; (b) the governing body or bodies of at least a simple majority of the total number of cities that includes territory located within the geographic area covered by the agreement, which cities include at least seventy-five percent of the total population of all cities that includes territory located within the geographic area covered by the agreement; and (c) for each governmental service addressed by the agreement, the governing body or bodies of at least a simple majority of the special districts that include territory located within the geographic area covered by the agreement and which provide the governmental service within such territory. The participants may agree to use another formula. An agreement pursuant to this section shall be effective upon adoption by the county legislative authority following a public hearing.
(4) A service agreement may cover a geographic area that includes territory located in more than a single county.
NEW SECTION. Sec. 5. A service agreement may include, but is not limited to, any or all of the following matters:
(1) A dispute resolution arrangement;
(2) How joint land-use planning and development regulations by the county and a city or cities, or by two or more cities, may be established, made binding, and enforced;
(3) How common development standards between the county and a city or cities, or between two or more cities, may be established, made binding, and enforced;
(4) How capital improvement plans of the county, cities, and special districts shall be coordinated;
(5) How plans and policies adopted under chapter 36.70A RCW will be implemented by the service agreement;
(6) A transfer of revenues between local governments in relationship to their obligations for providing governmental services;
(7) The designation of additional area-wide governmental services to be provided by the county.
NEW SECTION. Sec. 6. (1) The county legislative authority of every county with a population of one hundred fifty thousand or more shall convene a meeting on or before March 1, 1995, to develop a process for the establishment of service agreements. Invitations to attend this meeting shall be sent to the governing body of each city located in the county, and to the governing body of each special district located in the county that provides one or more of the governmental services as defined in section 2(2) of this act.
The legislative authorities of counties of less than one hundred fifty thousand population may utilize this chapter by adopting a resolution stating their intent to do so. In that case or in the case of counties whose populations reach one hundred fifty thousand after March 1, 1995, this meeting shall be convened no later than sixty days after the date the county adopts its resolution of intention or was certified by the office of financial management as having a population of one hundred fifty thousand or more.
(2) On or before January 1, 1997, a service agreement must be adopted in each county under this chapter or a progress report must be submitted to the appropriate committees of the legislature.
(3) In other counties that choose to utilize this chapter or whose population reaches one hundred fifty thousand, the service agreement must be adopted two years after the initial meeting provided for in subsection (1) of this section is convened or a progress report must be submitted to the appropriate committees of the legislature.
NEW SECTION. Sec. 7. It is the intent of the legislature to permit the creation of a flexible process to establish service agreements and to recognize that local governments possess broad authority to shape a variety of government service agreements to meet their local needs and circumstances. However, it is noted that in general, cities are the unit of local government most appropriate to provide urban governmental services and counties are the unit of local government most appropriate to provide regional governmental services.
The process to establish service agreements should assure that all directly affected local governments, and Indian tribes at their option, are allowed to be heard on issues relevant to them.
NEW SECTION. Sec. 8. Nothing contained in this chapter alters the duties, requirements, and authorities of cities and counties contained in chapter 36.70A RCW.
NEW SECTION. Sec. 9. A new section is added to chapter 46.68 RCW to read as follows:
Funds that are distributed to counties, cities, or towns pursuant to this chapter may be transferred by the recipient county, city, or town to another unit of local government pursuant to a government service agreement as provided in sections 4 and 5 of this act.
NEW SECTION. Sec. 10. A new section is added to chapter 66.08 RCW to read as follows:
Funds that are distributed to counties, cities, or towns pursuant to this chapter may be transferred by the recipient county, city, or town to another unit of government pursuant to a government service agreement as provided in sections 4 and 5 of this act.
NEW SECTION. Sec. 11. A new section is added to chapter 82.14 RCW to read as follows:
The rate of sales and use tax imposed by a city under RCW 82.14.030 (1) and (2) may be altered pursuant to a government service agreement as provided in sections 4 and 5 of this act.
NEW SECTION. Sec. 12. A new section is added to chapter 82.14 RCW to read as follows:
The percentage of a city's sales and use tax receipts that a county receives under RCW 82.14.030 (1) and (2) may be altered pursuant to a government service agreement as provided in sections 4 and 5 of this act.
NEW SECTION. Sec. 13. A new section is added to chapter 82.14 RCW to read as follows:
Funds that are distributed to counties or cities pursuant to RCW 82.14.200 or 82.14.210 may be transferred by the recipient county or city to another unit of local government pursuant to a government service agreement as provided in sections 4 and 5 of this act.
NEW SECTION. Sec. 14. A new section is added to chapter 82.44 RCW to read as follows:
Funds that are distributed to cities or towns pursuant to RCW 82.44.150 may be transferred by the recipient city or town to another unit of local government pursuant to a government service agreement as provided in sections 4 and 5 of this act.
NEW SECTION. Sec. 15. Sections 1 through 8 of this act shall constitute a new chapter in Title 36 RCW."
Signed by Representatives H. Myers, Chair; Springer, Vice Chair; Edmondson, Ranking Minority Member; Reams, Assistant Ranking Minority Member; Dunshee; R. Fisher; Moak; Rayburn; Van Luven and Zellinsky.
MINORITY recommendation: Do not pass. Signed by Representative Horn.
Passed to Committee on Rules for second reading.
February 25, 1994
ESSB 5061 Prime Sponsor, Committee on Law & Justice: Limiting residential time in parenting plans and visitation orders for abusive parents. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 26.09.191 and 1989 c 375 s 11 and 1989 c 326 s 1 are each reenacted and amended to read as follows:
(1) The permanent parenting plan shall not require mutual decision-making or designation of a dispute resolution process other than court action if it is found that a parent has engaged in any of the following conduct: (a) Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions; (b) physical, sexual, or a pattern of emotional abuse of a child; or (c) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or sexual assault which causes grievous bodily harm or the fear of such harm.
(2)(a) The parent's residential time with the child shall be limited if it is found that the parent has engaged in any of the following conduct: (i) Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions; (ii) physical, sexual, or a pattern of emotional abuse of a child; or (iii) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or sexual assault which causes grievous bodily harm or the fear of such harm. This subsection shall not apply when (c) of this subsection applies.
(b) The parent's residential time with the child shall be limited if it is found that the parent resides with a person who has engaged in any of the following conduct: (i) Physical, sexual, or a pattern of emotional abuse of a child; or (ii) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or sexual assault that causes grievous bodily harm or the fear of such harm. This subsection (2)(b) shall not apply when (c) of this subsection applies.
(c) If a parent has been convicted as an adult of a sexual offense under RCW 9A.64.020 or chapter 9.68A or 9A.44 RCW, or has been found to be a sexual predator under chapter 71.09 RCW, the court shall restrain the parent from contact with a child that would otherwise be allowed under this chapter. If a parent resides with an adult who has been convicted, or with a juvenile who has been adjudicated, of a sexual offense under RCW 9A.64.020 or chapter 9.68A or 9A.44 RCW, or who has been found to be a sexual predator under chapter 71.09 RCW, the court shall restrain the parent from contact with the parent's child except contact that occurs outside that person's presence.
(d)(i) The limitations imposed by the court under (a) or (b) of this subsection shall be reasonably calculated to protect the child from physical, sexual, or emotional abuse or harm that could result if the child has contact with the parent requesting residential time. If the court expressly finds based on the evidence that limitation on the residential time with the child will not adequately protect the child from the harm or abuse that could result if the child has contact with the parent requesting residential time, the court shall restrain the parent requesting residential time from all contact with the child.
(((c))) (ii) The court shall not enter an order under (a) of this subsection allowing a parent to have contact with a child if the parent has been found in a civil or dependency action to have sexually abused the child, except upon recommendation by an evaluator or therapist for the child that the child is ready for contact with the parent and will not be harmed by the contact. The court shall not enter an order allowing a parent to have contact with the child if the parent resides with a person who is found in a civil or dependency action to have sexually abused a child, unless the court finds that the parent accepts that the person engaged in the harmful conduct and the parent is willing to and capable of protecting the child from harm from the person.
(iii) If the court limits residential time under (a) or (b) of this subsection to require supervised contact between the child and the parent, the court shall not approve of a supervisor for contact between a child and a parent who has engaged in physical, sexual, or a pattern of emotional abuse of the child unless the court finds based upon the evidence that the supervisor accepts that the harmful conduct occurred and is willing to and capable of protecting the child from harm. The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to protect the child or is no longer willing to or capable of protecting the child.
(e) If the court expressly finds based on the evidence that contact between the parent and the child will not cause physical, sexual, or emotional abuse or harm to the child and that the probability that the parent's or other person's harmful or abusive conduct will recur is so remote that it would not be in the child's best interests to apply the limitations of (a) ((and)), (b), and (d) (i) and (iii) of this subsection, or if the court expressly finds the parent's conduct did not have an impact on the child, then the court need not apply the limitations of (a) ((and)), (b), and (d) (i) and (iii) of this subsection. The weight given to the existence of a protection order issued under chapter 26.50 RCW as to domestic violence is within the discretion of the court. This subsection shall not apply when (c) and (d)(ii) of this subsection apply.
(3) A parent's involvement or conduct may have an adverse effect on the child's best interests, and the court may preclude or limit any provisions of the parenting plan, if any of the following factors exist:
(a) A parent's neglect or substantial nonperformance of parenting functions;
(b) A long-term emotional or physical impairment which interferes with the parent's performance of parenting functions as defined in RCW 26.09.004;
(c) A long-term impairment resulting from drug, alcohol, or other substance abuse that interferes with the performance of parenting functions;
(d) The absence or substantial impairment of emotional ties between the parent and the child;
(e) The abusive use of conflict by the parent which creates the danger of serious damage to the child's psychological development;
(f) A parent has withheld from the other parent access to the child for a protracted period without good cause; or
(g) Such other factors or conduct as the court expressly finds adverse to the best interests of the child.
(4) In entering a permanent parenting plan, the court shall not draw any presumptions from the provisions of the temporary parenting plan.
(5) In determining whether any of the conduct described in this section has occurred, the court shall apply the civil rules of evidence, proof, and procedure.
Sec. 2. RCW 26.10.160 and 1989 c 326 s 2 are each amended to read as follows:
(1) A parent not granted custody of the child is entitled to reasonable visitation rights except as provided in subsection (2) of this section.
(2)(a) Visitation with the child shall be limited if it is found that the parent seeking visitation has engaged in any of the following conduct: (i) Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions; (ii) physical, sexual, or a pattern of emotional abuse of a child; or (iii) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or sexual assault which causes grievous bodily harm or the fear of such harm. This subsection shall not apply when (c) of this subsection applies.
(b) The parent's residential time with the child shall be limited if it is found that the parent resides with a person who has engaged in any of the following conduct: (i) Physical, sexual, or a pattern of emotional abuse of a child; or (ii) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or sexual assault which causes grievous bodily harm or the fear of such harm.
(c) If a parent has been convicted as an adult of a sexual offense under RCW 9A.64.020 or chapter 9.68A or 9A.44 RCW, or has been found to be a sexual predator under chapter 71.09 RCW, the court shall restrain the parent from contact with a child that would otherwise be allowed under this chapter. If a parent resides with an adult who has been convicted, or with a juvenile who has been adjudicated, of a sexual offense under RCW 9A.64.020 or chapter 9.68A or 9A.44 RCW, or who has been found to be a sexual predator under chapter 71.09 RCW, the court shall restrain the parent from contact with the parent's child except contact that occurs outside that person's presence.
(d)(i) The limitations imposed by the court under (a) or (b) of this subsection shall be reasonably calculated to protect the child from the physical, sexual, or emotional abuse or harm that could result if the child has contact with the parent requesting visitation. If the court expressly finds based on the evidence that limitations on visitation with the child will not adequately protect the child from the harm or abuse that could result if the child has contact with the parent requesting visitation, the court shall restrain the person seeking visitation from all contact with the child.
(((c))) (ii) The court shall not enter an order under (a) of this subsection allowing a parent to have contact with a child if the parent in a civil or dependency action has been found to have sexually abused the child, except upon recommendation by an evaluator or therapist for the child that the child is ready for contact with the parent and will not be harmed by the contact. The court shall not order a child to have contact with the parent under (b) of this subsection if the parent resides with a person who in a civil or dependency action has been found to have sexually abused a child, unless the court finds that the parent accepts that the person engaged in the harmful conduct and the parent is willing to and capable of protecting the child from harm from the person.
(iii) If the court limits residential time under (a) or (b) of this subsection to require supervised contact between the child and the parent, the court shall not approve of a supervisor for contact between a child and a parent who has engaged in physical, sexual, or a pattern of emotional abuse of the child unless the court finds based upon the evidence that the supervisor accepts that the harmful conduct occurred and is willing to and capable of protecting the child from harm. The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to protect the child or is no longer willing to or capable of protecting the child.
(e) If the court expressly finds based on the evidence that contact between the parent and the child will not cause physical, sexual, or emotional abuse or harm to the child and that the probability that the parent's or other person's harmful or abusive conduct will recur is so remote that it would not be in the child's best interests to apply the limitations of (a) ((and)), (b), and (d) (i) and (iii) of this subsection, or if the court expressly finds based on the evidence that the parent's conduct did not have an impact on the child, then the court need not apply the limitations of (a) ((and)), (b), and (d) (i) and (iii) of this subsection. The weight given to the existence of a protection order issued under chapter 26.50 RCW as to domestic violence is within the discretion of the court. This subsection shall not apply when (c) and (d)(ii) of this subsection apply.
(3) Any person may petition the court for visitation rights at any time including, but not limited to, custody proceedings. The court may order visitation rights for any person when visitation may serve the best interest of the child whether or not there has been any change of circumstances.
(4) The court may modify an order granting or denying visitation rights whenever modification would serve the best interests of the child. Modification of a parent's visitation rights shall be subject to the requirements of subsection (2) of this section.
NEW SECTION. Sec. 3. 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 shall take effect immediately."
Signed by Representatives Appelwick, Chair; Johanson, Vice Chair; Padden, Ranking Minority Member; Ballasiotes, Assistant Ranking Minority Member; Campbell; Chappell; Eide; Forner; J. Kohl; Long; Morris; H. Myers; Riley; Schmidt; Scott; Tate and Wineberry.
Passed to Committee on Rules for second reading.
February 25, 1994
SB 5071 Prime Sponsor, Haugen: Correcting unconstitutional provisions regarding the construction, sale, and conditions of revenue bonds for pollution control facilities. Reported by Committee on Local Government
MAJORITY recommendation: Do pass. Signed by Representatives H. Myers, Chair; Springer, Vice Chair; Dunshee; R. Fisher; Moak; Rayburn and Zellinsky.
MINORITY recommendation: Do not pass. Signed by Representatives Edmondson, Ranking Minority Member; Reams, Assistant Ranking Minority Member; Horn and Van Luven.
Passed to Committee on Rules for second reading.
February 24, 1994
ESB 5154 Prime Sponsor, Winsley: Concerning the maintenance in mobile home parks. Reported by Committee on Trade, Economic Development & Housing
MAJORITY recommendation: Do pass. Signed by Representatives Wineberry, Chair; Shin, Vice Chair; Schoesler, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Backlund; Campbell; Casada; Conway; Quall; Sheldon; Springer; Valle and Wood.
Excused: Representative Morris.
Passed to Committee on Rules for second reading.
February 25, 1994
2SSB 5341 Prime Sponsor, Committee on Law & Justice: Providing for forfeiture of a vehicle upon conviction for driving while under the influence of intoxicating liquor or drugs. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 46.61 RCW to read as follows:
(1) Upon the arrest of a person or upon the filing of a complaint, citation, or information in a court of competent jurisdiction, based upon probable cause to believe that a person has violated RCW 46.61.502 or 46.61.504 or any similar municipal ordinance, if such person has a previous conviction for violation of either RCW 46.61.502 or 46.61.504 or other similar municipal ordinance, and where the offense occurs within a five-year period of the previous conviction, and where the person has been provided written notice that any transfer, sale, or encumbrance of such person's interest in the vehicle over which that person was actually driving or had physical control when the violation occurred, is unlawful pending either acquittal, dismissal, sixty days after conviction, or other termination of the charge, such person shall be prohibited from encumbering, selling, or transferring his or her interest in such vehicle, except as otherwise provided in (a), (b), and (c) of this subsection, until either acquittal, dismissal, sixty days after conviction, or other termination of the charge. The prohibition against transfer of title shall not be stayed pending the determination of an appeal from the conviction.
(a) A vehicle encumbered by a bona fide security interest may be transferred to the secured party or to a person designated by the secured party;
(b) A leased or rented vehicle may be transferred to the lessor, rental agency, or to a person designated by the lessor or rental agency; and
(c) A vehicle may be transferred to a third party or a vehicle dealer who is a bona fide purchaser or may be subject to a bona fide security interest in the vehicle unless it is established that (i) in the case of a purchase by a third party or vehicle dealer, such party or dealer had actual notice that the vehicle was subject to the prohibition prior to the purchase, or (ii) in the case of a security interest, the holder of the security interest had actual notice that the vehicle was subject to the prohibition prior to the encumbrance of title.
(2) On a second or subsequent conviction for a violation of either RCW 46.61.502 or 46.61.504 or any similar municipal ordinance where such offense was committed within a five-year period of the previous conviction, the motor vehicle the person was driving or over which the person had actual physical control at the time of the offense, if the person has a financial interest in the vehicle, is subject to seizure and forfeiture pursuant to this section.
(3) A vehicle subject to forfeiture under this chapter may be seized by a law enforcement officer of this state upon process issued by a court of competent jurisdiction. Seizure of a vehicle may be made without process if the vehicle subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding based upon this section.
(4) Seizure under subsection (3) of this section automatically commences proceedings for forfeiture. The law enforcement agency under whose authority the seizure was made shall cause notice of the seizure and intended forfeiture of the seized vehicle to be served within fifteen days after the seizure on the owner of the vehicle seized, on the person in charge of the vehicle, and on any person having a known right or interest in the vehicle, including a community property interest. The notice of seizure may be served by any method authorized by law or court rule, including but not limited to service by certified mail with return receipt requested. Service by mail is complete upon mailing within the fifteen-day period after the seizure. Notice of seizure in the case of property subject to a security interest that has been perfected on a certificate of title shall be made by service upon the secured party or the secured party's assignee at the address shown on the financing statement or the certificate of title.
(5) If no person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of the seized vehicle within forty-five days of the seizure, the vehicle is deemed forfeited.
(6) If a person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of the seized vehicle within forty-five days of the seizure, the law enforcement agency shall give the person or persons a reasonable opportunity to be heard as to the claim or right. The hearing shall be before the chief law enforcement officer of the seizing agency or the chief law enforcement officer's designee, except where the seizing agency is a state agency as defined in RCW 34.12.020, the hearing shall be before the chief law enforcement officer of the seizing agency or an administrative law judge appointed under chapter 34.12 RCW, except that any person asserting a claim or right may remove the matter to a court of competent jurisdiction. Removal may only be accomplished according to the rules of civil procedure. The person seeking removal of the matter must serve process against the state, county, political subdivision, or municipality that operates the seizing agency, and any other party of interest, in accordance with RCW 4.28.080 or 4.92.020, within forty-five days after the person seeking removal has notified the seizing law enforcement agency of the person's claim of ownership or right to possession. The court to which the matter is to be removed shall be the district court when the aggregate value of the vehicle is within the jurisdictional limit set forth in RCW 3.66.020. A hearing before the seizing agency and any appeal therefrom shall be under Title 34 RCW. In a court hearing between two or more claimants to the vehicle involved, the prevailing party shall be entitled to a judgment for costs and reasonable attorneys' fees. The burden of producing evidence shall be upon the person claiming to be the legal owner or the person claiming to have the lawful right to possession of the vehicle. The seizing law enforcement agency shall promptly return the vehicle to the claimant upon a determination by the administrative law judge or court that the claimant is the present legal owner under Title 46 RCW or is lawfully entitled to possession of the vehicle.
(7) When a vehicle is forfeited under this chapter the seizing law enforcement agency may sell the vehicle, retain it for official use, or upon application by a law enforcement agency of this state release the vehicle to that agency for the exclusive use of enforcing this title; provided, however, that the agency shall first satisfy any bona fide security interest to which the vehicle is subject under subsection (1) (a) or (c) of this section.
(8) When a vehicle is forfeited, the seizing agency shall keep a record indicating the identity of the prior owner, if known, a description of the vehicle, the disposition of the vehicle, the value of the vehicle at the time of seizure, and the amount of proceeds realized from disposition of the vehicle.
(9) Each seizing agency shall retain records of forfeited vehicles for at least seven years.
(10) Each seizing agency shall file a report including a copy of the records of forfeited vehicles with the state treasurer each calendar quarter.
(11) The quarterly report need not include a record of a forfeited vehicle that is still being held for use as evidence during the investigation or prosecution of a case or during the appeal from a conviction.
(12) By January 31st of each year, each seizing agency shall remit to the state treasurer an amount equal to ten percent of the net proceeds of vehicles forfeited during the preceding calendar year. Money remitted shall be deposited in the public safety and education account.
(13) The net proceeds of a forfeited vehicle is the value of the forfeitable interest in the vehicle after deducting the cost of satisfying a bona fide security interest to which the vehicle is subject at the time of seizure; and in the case of a sold vehicle, after deducting the cost of sale, including reasonable fees or commissions paid to independent selling agents.
(14) The value of a sold forfeited vehicle is the sale price. The value of a retained forfeited vehicle is the fair market value of the vehicle at the time of seizure, determined when possible by reference to an applicable commonly used index, such as the index used by the department of licensing. A seizing agency may, but need not, use an independent qualified appraiser to determine the value of retained vehicles. If an appraiser is used, the value of the vehicle appraised is net of the cost of the appraisal.
Sec. 2. RCW 46.12.270 and 1993 c 487 s 6 are each amended to read as follows:
Any person violating RCW 46.12.250((,)) or 46.12.260((, or 46.12.410)) or who transfers, sells, or encumbers an interest in a vehicle in violation of section 1 of this act, with actual notice of the prohibition, is guilty of a misdemeanor and shall be punished by a fine of not more than two hundred fifty dollars or by imprisonment in a county jail for not more than ninety days.
NEW SECTION. Sec. 3. The following acts or parts of acts are each repealed:
(1) RCW 46.61.511 and 1993 c 487 s 2;
(2) RCW 46.61.512 and 1993 c 487 s 3;
(3) RCW 46.12.400 and 1993 c 487 s 4; and
(4) RCW 46.12.410 and 1993 c 487 s 5."
Signed by Representatives Appelwick, Chair; Johanson, Vice Chair; Padden, Ranking Minority Member; Ballasiotes, Assistant Ranking Minority Member; Campbell; Chappell; Eide; Forner; J. Kohl; Long; Morris; H. Myers; Riley; Schmidt; Scott; Tate and Wineberry.
Passed to Committee on Rules for second reading.
February 24, 1994
2SSB 5372 Prime Sponsor, Committee on Government Operations: Changing multiple tax provisions. Reported by Committee on Local Government
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 3.02.045 and 1987 c 266 s 1 are each amended to read as follows:
(1) Courts of limited jurisdiction may use collection agencies under chapter 19.16 RCW for purposes of collecting unpaid penalties on infractions, criminal fines, costs, assessments, civil judgments, or forfeitures that have been imposed by the courts. Courts of limited jurisdiction may enter into agreements with one or more attorneys or collection agencies for collection of outstanding penalties, fines, costs, assessments, and forfeitures. These agreements may specify the scope of work, remuneration for services, and other charges deemed appropriate.
(2) Courts of limited jurisdiction may use credit cards or debit cards for purposes of billing and collecting unpaid penalties, fines, costs, assessments, and forfeitures so imposed. Courts of limited jurisdiction may enter into agreements with one or more financial institutions for the purpose of the collection of penalties, fines, costs, assessments, and forfeitures. The agreements may specify conditions, remuneration for services, and other charges deemed appropriate.
(3) Servicing of delinquencies by collection agencies or by collecting attorneys in which the court retains control of its delinquencies shall not constitute assignment of debt.
(4) For purposes of this section, the term debt shall include penalties, fines, costs, assessments, or forfeitures imposed by the courts.
(5) The court may assess as court costs the moneys paid for remuneration for services or charges paid to collecting attorneys, to collection agencies, or, in the case of credit cards, to financial institutions.
Sec. 2. RCW 9.46.110 and 1991 c 161 s 1 are each amended to read as follows:
The legislative authority of any county, city-county, city, or town, by local law and ordinance, and in accordance with the provisions of this chapter and rules and regulations promulgated hereunder, may provide for the taxing of any gambling activity authorized by this chapter within its jurisdiction, the tax receipts to go to the county, city-county, city, or town so taxing the same: PROVIDED, That any such tax imposed by a county alone shall not apply to any gambling activity within a city or town located therein but the tax rate established by a county, if any, shall constitute the tax rate throughout the unincorporated areas of such county: PROVIDED FURTHER, That (1) punch boards and pull-tabs, chances on which shall only be sold to adults, which shall have a fifty cent limit on a single chance thereon, shall be taxed on a basis which shall reflect only the gross receipts from such punch boards and pull-tabs; and (2) no punch board or pull-tab may award as a prize upon a winning number or symbol being drawn the opportunity of taking a chance upon any other punch board or pull-tab; and (3) all prizes for punch boards and pull-tabs must be on display within the immediate area of the premises wherein any such punch board or pull-tab is located and upon a winning number or symbol being drawn, such prize must be immediately removed therefrom, or such omission shall be deemed a fraud for the purposes of this chapter; and (4) when any person shall win over twenty dollars in money or merchandise from any punch board or pull-tab, every licensee hereunder shall keep a public record thereof for at least ninety days thereafter containing such information as the commission shall deem necessary: AND PROVIDED FURTHER, That taxation of bingo and raffles shall never be in an amount greater than ten percent of the gross revenue received therefrom less the amount paid for or as prizes. Taxation of amusement games shall only be in an amount sufficient to pay the actual costs of enforcement of the provisions of this chapter by the county, city or town law enforcement agency and in no event shall such taxation exceed two percent of the gross revenue therefrom less the amount paid for as prizes: PROVIDED FURTHER, That no tax shall be imposed under the authority of this chapter on bingo or amusement games when such activities or any combination thereof are conducted by any bona fide charitable or nonprofit organization as defined in this chapter, which organization has no paid operating or management personnel and has gross income from bingo or amusement games, or a combination thereof, not exceeding five thousand dollars per year, less the amount paid for as prizes. No tax shall be imposed on the first ten thousand dollars of net proceeds from raffles conducted by any bona fide charitable or nonprofit organization as defined in this chapter. Taxation of punch boards and pull-tabs shall not exceed five percent of gross receipts, nor shall taxation of social card games exceed twenty percent of the gross revenue from such games.
Taxes imposed under this chapter become a lien upon personal and real property used in the gambling activity in the same manner as provided for under RCW 84.60.010. The lien shall attach on the date the tax becomes due and shall relate back and have priority against real and personal property to the same extent as ad valorem taxes.
Sec. 3. RCW 28A.315.440 and 1975 1st ex.s. c 275 s 99 are each amended to read as follows:
Upon receipt of the aforesaid certificate, it shall be the duty of the ((board of county commissioners)) county legislative authority of each county to levy on all taxable property of that part of the joint school district which lies within the county a tax sufficient to raise the amount necessary to meet the county's proportionate share of the estimated expenditures of the joint district, as shown by the certificate of the educational service district superintendent of the district to which the joint school district belongs. Such taxes shall be levied and collected in the same manner as other taxes are levied and collected, and the proceeds thereof shall be forwarded ((quarterly)) monthly by the treasurer of each county, other than the county to which the joint district belongs, to the treasurer of the county to which such district belongs and shall be placed to the credit of said district. The treasurer of the county to which a joint school district belongs is hereby declared to be the treasurer of such district.
Sec. 4. RCW 35.49.130 and 1965 c 7 s 35.49.130 are each amended to read as follows:
((In county foreclosures for delinquency in the payment of general taxes, the county treasurer shall mail a copy of the published summons to the treasurer of every city and town within which any property involved in the foreclosure proceeding is situated. The copy of the summons shall be mailed within fifteen days after the first publication thereof, but the county treasurer's failure to do so shall not affect the jurisdiction of the court nor the priority of the tax sought to be foreclosed.))
If any property situated in a local improvement district or utility local improvement district created by a city or town is offered for sale for general taxes by the county treasurer, the city or town shall have power to protect the lien or liens of any local improvement assessments outstanding against the whole or portion of such property by purchase ((thereof or otherwise)) at the treasurer's foreclosure sale.
Sec. 5. RCW 36.17.042 and 1977 c 42 s 1 are each amended to read as follows:
In addition to the pay periods permitted under RCW 36.17.040, the legislative authority of any county may establish a biweekly pay period where county officers and employees receive their compensation not later than seven days following the end of each two week pay period for services rendered during that pay period.
However, in a county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW, the county legislative authority may establish a biweekly pay period where the county officers and employees receive their compensation not later than thirteen days following the end of each two-week pay period for services rendered during that pay period.
Sec. 6. RCW 36.21.011 and 1973 1st ex.s. c 11 s 1 are each amended to read as follows:
Any assessor who deems it necessary to enable him or her to complete the listing and the valuation of the property of his or her county within the time prescribed by law, (1) may appoint one or more well qualified persons to act as ((his)) assistants or deputies who shall not engage in the private practice of appraising within the county ((in which he is)) where employed without the written permission of the county assessor filed with the county auditor; and each such assistant or deputy so appointed shall, under the direction of the assessor, after taking the required oath, perform all the duties enjoined upon, vested in or imposed upon assessors, and (2) may contract with any persons, firms or corporations, who are expert appraisers, to assist in the valuation of property.
To assist each assessor in obtaining adequate and well qualified assistants or deputies, the state department of personnel, after consultation with the Washington state association of county assessors, the Washington state association of counties, and the department of revenue, shall establish by July 1, 1967, and shall thereafter maintain, a classification and salary plan for those employees of an assessor who act as appraisers. The plan shall recommend the salary range and employment qualifications for each position encompassed by it, and shall, to the fullest extent practicable, conform to the classification plan, salary schedules and employment qualifications for state employees performing similar appraisal functions.
((If)) An assessor who intends to put such plan into effect ((in his county, he)) shall inform the department of revenue and the ((board of)) county ((commissioners)) legislative authority of this intent in writing. The department of revenue and the ((board)) authority may thereupon each designate a representative, and such representative or representatives as may be designated by the department of revenue or the ((board)) legislative authority, or both, shall form with the assessor a committee. The committee so formed may, by unanimous vote only, determine the required number of certified appraiser positions and their salaries necessary to enable the county assessor to carry out the requirements relating to revaluation of property in chapter 84.41 RCW. The determination of the committee shall be certified to the ((board of)) county ((commissioners)) legislative authority. The committee provided for herein may be formed only once in a period of four calendar years.
After such determination, the assessor may provide, in each of ((his)) the four next succeeding annual budget estimates, for as many positions as are established in such determination. Each ((board of)) county ((commissioners)) legislative authority to which such a budget estimate is submitted shall allow sufficient funds for such positions. An employee may be appointed to a position covered by the plan only if the employee meets the employment qualifications established by the plan.
Sec. 7. RCW 36.29.010 and 1991 c 245 s 4 are each amended to read as follows:
The county treasurer:
(1) Shall receive all money due the county and disburse it on warrants issued and attested by the county auditor;
(2) Shall issue a receipt in duplicate for all money received other than taxes; the treasurer shall deliver immediately to the person making the payment the original receipt and the duplicate shall be retained by the treasurer;
(3) Shall affix on the face of all paid warrants the date of redemption or, in the case of proper contract between the treasurer and a qualified public depositary, the treasurer may consider the date affixed by the financial institution as the date of redemption;
(4) Shall indorse, before the date of issue by the county or by any taxing district for whom the county treasurer acts as treasurer, on the face of all warrants for which there are not sufficient funds for payment, "interest bearing warrant." ((and)) When there are funds to redeem outstanding warrants, the county treasurer shall give notice:
(a) By publication in a legal newspaper published or circulated in the county; or
(b) By posting at three public places in the county if there is no such newspaper; or
(c) By notification to the financial institution holding the warrant;
(5) Shall pay interest on all interest-bearing warrants from the date of issue to the date of notification;
(6) Shall maintain financial records reflecting receipts and disbursement by fund in accordance with generally accepted accounting principles;
(7) Shall account for and pay all bonded indebtedness for the county and all special districts for which the county treasurer acts as treasurer;
(8) Shall invest all funds of the county or any special district in the treasurer's custody, not needed for immediate expenditure, in a manner consistent with appropriate statutes. If cash is needed to redeem warrants issued from any fund in the custody of the treasurer, the treasurer shall liquidate investments in an amount sufficient to cover such warrant redemptions; and
(9) May provide certain collection services for county departments.
The treasurer, at the expiration of the term of office, shall make a complete settlement with the county legislative authority, and shall deliver to the successor all public money, books, and papers in the treasurer's possession.
Sec. 8. RCW 36.32.120 and 1993 c 83 s 9 are each amended to read as follows:
The legislative authorities of the several counties shall:
(1) Provide for the erection and repairing of court houses, jails, and other necessary public buildings for the use of the county;
(2) Lay out, discontinue, or alter county roads and highways within their respective counties, and do all other necessary acts relating thereto according to law, except within cities and towns which have jurisdiction over the roads within their limits;
(3) License and fix the rates of ferriage; grant grocery and other licenses authorized by law to be by them granted at fees set by the legislative authorities which shall not exceed the costs of administration and operation of such licensed activities;
(4) Fix the amount of county taxes to be assessed according to the provisions of law, and cause the same to be collected as prescribed by law((: PROVIDED, That the legislative authority of a county may permit all moneys, assessments, and taxes belonging to or collected for the use of the state or any county, including any amounts representing estimates for future assessments and taxes, to be deposited by any taxpayer prior to the due date thereof with the treasurer or other legal depository for the benefit of the funds to which they belong to be credited against any future tax or assessment that may be levied or become due from the taxpayer: PROVIDED FURTHER, That the taxpayer, with the concurrence of the county legislative authority, may designate the particular fund against which such prepayment of future tax or assessment shall be credited));
(5) Allow all accounts legally chargeable against the county not otherwise provided for, and audit the accounts of all officers having the care, management, collection, or disbursement of any money belonging to the county or appropriated to its benefit;
(6) Have the care of the county property and the management of the county funds and business and in the name of the county prosecute and defend all actions for and against the county, and such other powers as are or may be conferred by law;
(7) Make and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in conflict with state law, and within the unincorporated area of the county may adopt by reference Washington state statutes and recognized codes and/or compilations printed in book form relating to the construction of buildings, the installation of plumbing, the installation of electric wiring, health, or other subjects, and may adopt such codes and/or compilations or portions thereof, together with amendments thereto, or additions thereto: PROVIDED, That except for Washington state statutes, there shall be filed in the county auditor's office one copy of such codes and compilations ten days prior to their adoption by reference, and additional copies may also be filed in library or city offices within the county as deemed necessary by the county legislative authority: PROVIDED FURTHER, That no such regulation, code, compilation, and/or statute shall be effective unless before its adoption, a public hearing has been held thereon by the county legislative authority of which at least ten days' notice has been given. Any violation of such regulations, ordinances, codes, compilations, and/or statutes or resolutions shall constitute a misdemeanor or a civil violation subject to a monetary penalty: PROVIDED FURTHER, That violation of a regulation, ordinance, code, compilation, and/or statute relating to traffic including parking, standing, stopping, and pedestrian offenses is a traffic infraction, except that violation of a regulation, ordinance, code, compilation, and/or statute equivalent to those provisions of Title 46 RCW set forth in RCW 46.63.020 remains a misdemeanor. However, the punishment for any criminal ordinance shall be the same as the punishment provided in state law for the same crime and no act that is a state crime may be made a civil violation. The notice must set out a copy of the proposed regulations or summarize the content of each proposed regulation; or if a code is adopted by reference the notice shall set forth the full official title and a statement describing the general purpose of such code. For purposes of this subsection, a summary shall mean a brief description which succinctly describes the main points of the proposed regulation. When the county publishes a summary, the publication shall include a statement that the full text of the proposed regulation will be mailed upon request. An inadvertent mistake or omission in publishing the text or a summary of the content of a proposed regulation shall not render the regulation invalid if it is adopted. The notice shall also include the day, hour, and place of hearing and must be given by publication in the newspaper in which legal notices of the county are printed;
(8) Have power to compound and release in whole or in part any debt due to the county when in their opinion the interest of their county will not be prejudiced thereby, except in cases where they or any of them are personally interested;
(9) Have power to administer oaths or affirmations necessary in the discharge of their duties and commit for contempt any witness refusing to testify before them with the same power as district judges.
Sec. 9. RCW 39.44.130 and 1985 c 84 s 2 are each amended to read as follows:
(1) The duties prescribed in this chapter as to the registration of bonds of any city or town shall be performed by the treasurer thereof, and as to those of any county, port or school district by the county treasurer of the county in which such port or school district lies; but any ((county, city, town, port or school district may designate by resolution any other officer for the performance of such duties, and any county, city, town, port or school district)) treasurer as defined in RCW 39.46.020 may designate ((by resolution)) its legally designated fiscal agency or agencies for the performance of such duties, after making arrangements with such fiscal agency therefor, which arrangements may include provision for the payment by the bond owner of a fee for each registration.
(2) ((Local government units for which the county treasurer serves as ex officio treasurer of the district may, with the consent of the county treasurer, appoint the county treasurer to serve as the fiscal agency. If such local government units decide to utilize the services of a fiscal agency other than the county treasurer, the county treasurer shall be notified at the time the decision is made.)) The county treasurer as ex officio treasurer of a special district shall act as fiscal agent or may appoint the fiscal agent to be used by the county.
Sec. 10. RCW 39.46.020 and 1983 c 167 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Bond" means any agreement which may or may not be represented by a physical instrument, including notes, warrants, or certificates of indebtedness, that evidences an indebtedness of the state or a local government or a fund thereof, where the state or local government agrees to pay a specified amount of money, with or without interest, at a designated time or times to either registered owners or bearers.
(2) "Local government" means any county, city, town, special purpose district, political subdivision, municipal corporation, or quasi municipal corporation, including any public corporation created by such an entity.
(3) "Obligation" means an agreement that evidences an indebtedness of the state or a local government, other than a bond, and includes, but is not limited to, conditional sales contracts, lease obligations, and promissory notes.
(4) "State" includes the state, agencies of the state, and public corporations created by the state or agencies of the state.
(5) "Treasurer" means the state treasurer, county treasurer, city treasurer, or treasurer of any other municipal corporation.
Sec. 11. RCW 39.46.030 and 1985 c 84 s 1 are each amended to read as follows:
(1) The state and local governments are authorized to establish a system of registering the ownership of their bonds or other obligations as to principal and interest, or principal only. Registration may include, without limitation: (a) A book entry system of recording the ownership of a bond or other obligation whether or not a physical instrument is issued; or (b) recording the ownership of a bond or other obligation together with the requirement that the transfer of ownership may only be effected by the surrender of the old bond or other obligation and either the reissuance of the old bond or other obligation or the issuance of a new bond or other obligation to the new owner.
(2) The system of registration shall define the method or methods by which transfer of the registered bonds or other obligations shall be effective, and by which payment of principal and any interest shall be made. The system of registration may permit the issuance of bonds or other obligations in any denomination to represent several registered bonds or other obligations of smaller denominations. The system of registration may also provide for any writing relating to a bond or other obligation that is not issued as a physical instrument, for identifying numbers or other designations, for a sufficient supply of certificates for subsequent transfers, for record and payment dates, for varying denominations, for communications to the owners of bonds or other obligations, for accounting, canceled certificate destruction, registration and release of securing interests, and for such other incidental matters pertaining to the registration of bonds or other obligations as the issuer may deem to be necessary or appropriate.
(3)(a) The state treasurer or a local ((government)) treasurer may appoint (i) one or more of the fiscal agencies appointed from time to time by the state finance committee in accordance with chapter 43.80 RCW or (ii) other fiscal agents to act with respect to an issue of its bonds or other obligations as authenticating trustee, transfer agent, registrar, and paying or other agent and specify the rights and duties and means of compensation of any such fiscal agency so acting. The state ((and)) treasurer or local ((governments)) treasurers may also enter into agreements with the fiscal agency or agencies in connection with the establishment and maintenance by such fiscal agency or agencies of a central depository system for the transfer or pledge of bonds or other obligations.
(b) ((Local government units for which the county treasurer serves as ex officio treasurer of the district may, with the consent of the county treasurer, appoint the county treasurer to serve as the fiscal agency. If such local government units decide to utilize the services of a fiscal agency other than the county treasurer, the county treasurer shall be notified at the time the decision is made.)) The county treasurer as ex officio treasurer of a special district shall act as fiscal agent for such special district, unless the county treasurer appoints either one or more of the fiscal agencies appointed from time to time by the state finance committee in accordance with chapter 43.80 RCW or other fiscal agents selected in a manner consistent with RCW 43.80.120 to act with respect to an issue of its bonds or other obligations as authenticating trustee, transfer agent, registrar, and paying or other agent and specify the rights and duties and means of compensation of any such fiscal agency.
(4) Nothing in this section precludes the issuer, or a trustee appointed by the issuer pursuant to any other provision of law, from itself performing, either alone or jointly with other issuers, fiscal agencies, or trustees, any transfer, registration, authentication, payment, or other function described in this section.
Sec. 12. RCW 39.46.110 and 1984 c 186 s 2 are each amended to read as follows:
(1) General obligation bonds of local governments shall be subject to this section. Unless otherwise stated in law, the maximum term of any general obligation bond issue shall be forty years.
(2) General obligation bonds constitute an indebtedness of the local government issuing the bonds that are subject to the indebtedness limitations provided in Article VIII, section 6 of the state Constitution and are payable from tax revenues of the local government and such other money lawfully available and pledged or provided by the governing body of the local government for that purpose. Such governing body may pledge the full faith, credit and resources of the local government for the payment of general obligation bonds. The payment of such bonds shall be enforceable in mandamus against the local government and its officials. The officials now or hereafter charged by law with the duty of levying taxes pledged for the payment of general obligation bonds and interest thereon shall, in the manner provided by law, make an annual levy of such taxes sufficient together with other moneys lawfully available and pledge therefor to meet the payments of principal and interest on said bonds as they come due.
(3) General obligation bonds issued as physical instruments shall be executed in the manner determined by the governing body or legislative body of the issuer. If the issuer is a special district for which the county treasurer is the treasurer, the issuer shall notify the county treasurer at least thirty days in advance of authorizing the issuance of bonds or the incurrence of other certificates of indebtedness.
(4) Unless another statute specifically provides otherwise, the owner of a general obligation bond, or the owner of an interest coupon, issued by a local government shall not have any claim against the state arising from the general obligation bond or interest coupon.
(5) As used in this section, the term "local government" means every unit of local government, including municipal corporations, quasi municipal corporations, and political subdivisions, where property ownership is not a prerequisite to vote in the local government's elections.
Sec. 13. RCW 39.50.030 and 1985 c 71 s 1 are each amended to read as follows:
(1) The issuance of short-term obligations shall be authorized by ordinance of the governing body which ordinance shall fix the maximum amount of the obligations to be issued or, if applicable, the maximum amount which may be outstanding at any time, the maximum term and interest rate or rates to be borne thereby, the manner of sale, maximum price, form including bearer or registered as provided in RCW 39.46.030, terms, conditions, and the covenants thereof. The ordinance may provide for designation and employment of a paying agent for the short-term obligations and may authorize a designated representative of the municipal corporation, or if the county, the county treasurer to act on its behalf and subject to the terms of the ordinance in selling and delivering short-term obligations authorized and fixing the dates, price, interest rates, and other details as may be specified in the ordinance. Short-term obligations issued under this section shall bear such fixed or variable rate or rates of interest as the governing body considers to be in the best interests of the municipal corporation. Variable rates of interest may be fixed in relationship to such standard or index as the governing body designates.
The governing body may make contracts for the future sale of short-term obligations pursuant to which the purchasers are committed to purchase the short-term obligations from time to time on the terms and conditions stated in the contract, and may pay such consideration as it considers proper for the commitments. Short-term obligations issued in anticipation of the receipt of taxes shall be paid within six months from the end of the fiscal year in which they are issued. For the purpose of this subsection, short-term obligations issued in anticipation of the sale of general obligation bonds shall not be considered to be obligations issued in anticipation of the receipt of taxes.
(2) Notwithstanding subsection (1) of this section, such short-term obligations may be issued and sold in accordance with chapter 39.46 RCW.
Sec. 14. RCW 43.80.125 and 1985 c 84 s 3 are each amended to read as follows:
(1) The fiscal agencies designated pursuant to RCW 43.80.110 and 43.80.120 may be appointed by the state treasurer or a local ((government)) treasurer to act as registrar, authenticating agent, transfer agent, paying agent, or other agent in connection with the issuance by the state or local government of registered bonds or other obligations pursuant to a system of registration as provided by RCW 39.46.030 and may establish and maintain on behalf of the state or local government a central depository system for the transfer or pledge of bonds or other obligations. The term "local government" shall be as defined in RCW 39.46.020.
(2) Whenever in the judgment of the fiscal agencies, certain services as registrar, authenticating agent, transfer agent, paying agent, or other agent in connection with the establishment and maintenance of a central depository system for the transfer or pledge of registered public obligations, or in connection with the issuance by any public entity of registered public obligations pursuant to a system of registration as provided in chapter 39.46 RCW, can be secured from private sources more economically than by carrying out such duties themselves, they may contract out all or any of such services to such private entities as such fiscal agencies deem capable of carrying out such duties in a responsible manner.
(((3) Local government units for which the county treasurer serves as ex officio treasurer of the district may, with the consent of the county treasurer, appoint the county treasurer to serve as the fiscal agency. If such local government units decide to utilize the services of a fiscal agency other than the county treasurer, the county treasurer shall be notified at the time the decision is made.))
Sec. 15. RCW 46.44.175 and 1985 c 22 s 2 are each amended to read as follows:
Failure of any person or agent acting for a person who causes to be moved or moves a mobile home as defined in RCW 46.04.302 upon public highways of this state and failure to comply with any of the provisions of RCW 46.44.170 and 46.44.173 is a traffic infraction for which a penalty of not less than one hundred dollars or more than five hundred dollars shall be assessed. In addition to the above penalty, the department of transportation or local authority may withhold issuance of a special permit or suspend a continuous special permit as provided by RCW 46.44.090 and 46.44.093 for a period of not less than thirty days.
Any person who shall alter, re-use, transfer, or forge the decal required by RCW 46.44.170, or who shall display a decal knowing it to have been forged, re-used, transferred, or altered, shall be guilty of a gross misdemeanor.
Any person or agent who is denied a special permit or whose special permit is suspended may upon request receive a hearing before the department of transportation or the local authority having jurisdiction. The department or the local authority after such hearing may revise its previous action.
Sec. 16. RCW 58.08.040 and 1991 c 245 s 14 are each amended to read as follows:
Any person filing a plat, replat, altered plat, or binding site plan subsequent to May 31st in any year and prior to the date of the collection of taxes in the ensuing year, shall deposit with the county treasurer a sum equal to the product of the county assessor's latest valuation on the ((unimproved)) property less improvements in such subdivision multiplied by the current year's dollar rate increased by twenty-five percent on the property platted. The treasurer's receipt shall be evidence of the payment. The treasurer shall appropriate so much of the deposit as will pay the taxes on the property when the ((tax rolls)) levy rates are certified by the assessor ((for collection)) using the value of the property at the time of filing a plat, replat, altered plat, or binding site plan, and in case the sum deposited is in excess of the amount necessary for the payment of the taxes, the treasurer shall return, to the party depositing, the amount of excess.
NEW SECTION. Sec. 17. A new section is added to chapter 82.03 RCW to read as follows:
In all appeals taken pursuant to RCW 84.08.130 the assessor or taxpayer shall submit evidence of comparable sales to be used in a hearing to the board and to all parties at least ten business days in advance of such hearing. Failure to comply with the requirements set forth in this section shall be grounds for the board, upon objection, to continue the hearing or refuse to consider evidence not timely submitted.
Sec. 18. RCW 84.08.130 and 1992 c 206 s 10 are each amended to read as follows:
(1) Any taxpayer or taxing unit feeling aggrieved by the action of any county board of equalization may appeal to the board of tax appeals by filing with the ((county auditor)) board of tax appeals a notice of appeal ((in duplicate)) within thirty days after the mailing of the decision of such board of equalization, which notice shall specify the actions complained of((, and said auditor shall forthwith transmit one of said notices to the board of tax appeals)); and in like manner any county assessor may appeal to the board of tax appeals from any action of any county board of equalization. There shall be no fee charged for the filing of an appeal. The petitioner shall ((provide)) serve a copy of the notice of appeal ((to)) on all named parties within the same thirty-day time period ((provided in the rules of practice and procedure of the board of tax appeals)). Appeals which are not filed and served as provided in this section shall be ((continued or)) dismissed. The board of tax appeals shall require the board appealed from to file a true and correct copy of its decision in such action and all evidence taken in connection therewith, and may receive further evidence, and shall make such order as in its judgment is just and proper. An appeal of an action by a county board of equalization shall be deemed to have been filed and served within the thirty-day period if it is postmarked on or before the thirtieth day after the mailing of the decision of the board of equalization.
(2) The board of tax appeals may enter an order, pursuant to subsection (1) of this section, that has effect up to the end of the assessment cycle used by the assessor, if there has been no intervening change in the value during that time.
Sec. 19. RCW 84.08.140 and 1975 1st ex.s. c 278 s 157 are each amended to read as follows:
Any taxpayer feeling aggrieved by the levy or levies of any taxing district except levies authorized by a vote of the ((people)) voters of the district may appeal therefrom to the department of revenue as hereinafter provided. Such taxpayer, upon the execution of a bond, with two or more sufficient sureties to be approved by the county auditor, payable to the state of Washington, in the penal sum of two hundred dollars and conditioned that if the petitioner shall fail in his appeal for a reduction of said levy or levies ((he)) the taxpayer will pay the taxable costs of the hearings hereinafter provided, not exceeding the amount of such bond, may file a written complaint with the county auditor wherein such taxing district is located not later than ten days after the making and entering of such levy or levies, setting forth in such form and detail as the department of revenue shall by general rule prescribe, ((his)) the taxpayer's objections to such levy or levies. Upon the filing of such complaint, the county auditor shall immediately transmit a certified copy thereof, together with a copy of the budget or estimates of such taxing district as finally adopted, including estimated revenues and such other information as the department of revenue shall by rule require, to the department of revenue. The department of revenue shall fix a date for a hearing on said complaint at the earliest convenient time after receipt of said record, which hearing shall be held in the county in which said taxing district is located, and notice of such hearing shall be given to the officials of such taxing district, charged with determining the amount of its levies, and to the taxpayer on said complaint by registered mail at least five days prior to the date of said hearing. At such hearings all interested parties may be heard and the department of revenue shall receive all competent evidence. After such hearing, the department of revenue shall either affirm or decrease the levy or levies complained of, in accordance with the evidence, and shall thereupon certify its action with respect thereto to the county auditor, who, in turn, shall certify it to the taxing district or districts affected, and the action of the department of revenue with respect to such levy or levies shall be final and conclusive.
Sec. 20. RCW 84.12.270 and 1975 1st ex.s. c 278 s 165 are each amended to read as follows:
The department of revenue shall annually make an assessment of the operating property of all companies; and between the fifteenth day of March and the first day of July of each of said years shall prepare an assessment roll upon which it shall enter and assess the true ((cash)) and fair value of all the operating property of each of such companies as of the first day of January of the year in which the assessment is made. For the purpose of determining the true ((cash)) and fair value of such property the department of revenue may inspect the property belonging to said companies and may take into consideration any information or knowledge obtained by it from such examination and inspection of such property, or of the books, records and accounts of such companies, the statements filed as required by this chapter, the reports, statements or returns of such companies filed in the office of any board, office or commission of this state or any county thereof, the earnings and earning power of such companies, the franchises owned or used by such companies, the assessed valuation of any and all property of such companies, whether operating or nonoperating property, and whether situated within or outside the state, and any other facts, evidence or information that may be obtainable bearing upon the value of the operating property: PROVIDED, That in no event shall any statement or report required from any company by this chapter be conclusive upon the department of revenue in determining the amount, character and true ((cash)) and fair value of the operating property of such company.
Sec. 21. RCW 84.12.310 and 1975 1st ex.s. c 278 s 167 are each amended to read as follows:
For the purpose of determining the system value of the operating property of any such company, the department of revenue shall deduct from the ((actual cash)) true and fair value of the total assets of such company, the actual cash value of all nonoperating property owned by such company. For such purpose the department of revenue may require of the assessors of the various counties within this state a detailed list of such company's properties assessed by them, together with the assessable or assessed value thereof: PROVIDED, That such assessed or assessable value shall be advisory only and not conclusive on the department of revenue as to the value thereof.
Sec. 22. RCW 84.12.330 and 1975 1st ex.s. c 278 s 168 are each amended to read as follows:
Upon the assessment roll shall be placed after the name of each company a general description of the operating property of the company, which shall be considered sufficient if described in the language of subdivision (17) of RCW 84.12.200, as applied to said company, following which shall be entered the ((actual cash)) true and fair value of the operating property as determined by the department of revenue. No assessment shall be invalidated by reason of a mistake in the name of the company assessed, or the omission of the name of the owner or by the entry as owner of a name other than that of the true owner. When the department of revenue shall have prepared the assessment roll and entered thereon the ((actual cash)) true and fair value of the operating property of the company, as herein required, it shall notify the company by mail of the valuation determined by it and entered upon said roll.
Sec. 23. RCW 84.12.350 and 1967 ex.s. c 26 s 17 are each amended to read as follows:
Upon determination by the department of revenue of the true and ((correct actual cash)) fair value of the property appearing on such rolls it shall apportion such value to the respective counties entitled thereto, as hereinafter provided, and shall determine the equalized assessed valuation of such property in each such county and in the several taxing districts therein, by applying to such actual apportioned value the same ratio as the ratio of assessed to actual value of the general property in such county: PROVIDED, That, whenever the amount of the true and correct value of the operating property of any company otherwise apportionable to any county or other taxing district shall be less than two hundred fifty dollars, such amount need not be apportioned to such county or taxing district but may be added to the amount apportioned to an adjacent county or taxing district.
Sec. 24. RCW 84.12.360 and 1987 c 153 s 3 are each amended to read as follows:
The ((actual cash)) true and fair value of the operating property assessed to a company, as fixed and determined by the ((state board)) department of ((equalization)) revenue, shall be apportioned by the department of revenue to the respective counties and to the taxing districts thereof wherein such property is located in the following manner:
(1) Property of ((steam, suburban, and interurban)) all railroad companies other than street railroad companies, telegraph companies and pipe line companies--upon the basis of that proportion of the value of the total operating property within the state which the mileage of track, as classified by the department of revenue (in case of railroads), mileage of wire (in the case of telegraph companies), and mileage of pipe line (in the case of pipe line companies) within each county or taxing district bears to the total mileage thereof within the state, at the end of the calendar year last past. For the purpose of such apportionment the department may classify railroad track.
(2) Property of street railroad companies, telephone companies, electric light and power companies, gas companies, water companies, heating companies and toll bridge companies--upon the basis of relative value of the operating property within each county and taxing district to the value of the total operating property within the state to be determined by such factors as the department of revenue shall deem proper.
(3) Planes or other aircraft of airplane companies and watercraft of steamboat companies--upon the basis of such factor or factors of allocation, to be determined by the department of revenue, as will secure a substantially fair and equitable division between counties and other taxing districts.
All other property of airplane companies and steamboat companies--upon the basis set forth in ((subdivision)) subsection (2) ((hereof)) of this section.
The basis of apportionment with reference to all public utility companies above prescribed shall not be deemed exclusive and the department of revenue in apportioning values of such companies may also take into consideration such other information, facts, circumstances, or allocation factors as will enable it to make a substantially just and correct valuation of the operating property of such companies within the state and within each county thereof.
Sec. 25. RCW 84.12.370 and 1975 1st ex.s. c 278 s 171 are each amended to read as follows:
When the ((state board)) department of ((equalization)) revenue shall have determined the equalized assessed value of the operating property of each company in each of the respective counties and in the taxing districts thereof, as hereinabove provided, the department of revenue shall certify such equalized assessed value to the county assessor of the proper county. The county assessor shall enter the company's real operating property upon the real property tax rolls and the company's personal operating property upon the personal property tax rolls of ((his)) the county, together with the values so apportioned, and the same shall be and constitute the assessed valuation of the operating property of the company in such county and the taxing districts therein for that year, upon which taxes shall be levied and collected in the same manner as on the general property of such county.
Sec. 26. RCW 84.16.040 and 1975 1st ex.s. c 278 s 179 are each amended to read as follows:
The department of revenue shall annually make an assessment of the operating property of each private car company; and between the first day of May and the first day of July of each of said years shall prepare an assessment roll upon which it shall enter and assess the true ((cash)) and fair value of all the operating property of each of such companies as of the first day of January of the year in which the assessment is made. For the purpose of determining the true ((cash)) and fair value of such property the department of revenue may take into consideration any information or knowledge obtained by it from an examination and inspection of such property, or of the books, records and accounts of such companies, the statements filed as required by this chapter, the reports, statements or returns of such companies filed in the office of any board, office or commission of this state or any county thereof, the earnings and earning power of such companies, the franchises owned or used by such companies, the assessed valuation of any and all property of such companies, whether operating property or nonoperating property, and whether situated within or without the state, and any other facts, evidences or information that may be obtainable bearing upon the value of the operating property: PROVIDED, That in no event shall any statement or report required from any company by this chapter be conclusive upon the department of revenue in determining the amount, character and true ((cash)) and fair value of the operating property of such company.
Sec. 27. RCW 84.16.050 and 1975 1st ex.s. c 278 s 180 are each amended to read as follows:
The department of revenue may, in determining the ((actual cash)) true and fair value of the operating property to be placed on the assessment roll value the entire property as a unit. If the company owns, leases, operates or uses property partly within and partly without the state, the department of revenue may determine the value of the operating property within this state by the proportion that the value of such property bears to the value of the entire operating property of the company, both within and without this state. In determining the operating property which is located within this state the department of revenue may consider and base such determination on the proportion which the number of car miles of the various classes of cars made in this state bears to the total number of car miles made by the same cars within and without this state, or to the total number of car miles made by all cars of the various classes within and without this state. If the value of the operating property of the company cannot be fairly determined in such manner the department of revenue may use any other reasonable and fair method to determine the value of the operating property of the company within this state.
Sec. 28. RCW 84.16.090 and 1975 1st ex.s. c 278 s 181 are each amended to read as follows:
Upon the assessment roll shall be placed after the name of each company a general description of the operating property of the company, which shall be considered sufficient if described in the language of ((subdivision)) subsection (3) of RCW 84.16.010 or otherwise, following which shall be entered the ((actual cash)) true and fair value of the operating property as determined by the department of revenue. No assessment shall be invalid by a mistake in the name of the company assessed, by omission of the name of the owner or by the entry of a name other than that of the true owner. When the department of revenue shall have prepared the assessment roll and entered thereon the ((actual cash)) true and fair value of the operating property of the company, as herein required, it shall notify the company by mail of the valuation determined by it and entered upon said roll; and thereupon such valuation shall become the ((actual cash)) true and fair value of the operating property of the company, subject to revision or correction by the ((state board)) department of ((equalization)) revenue as hereinafter provided; and shall be the valuation upon which, after equalization by the ((state board)) department of ((equalization)) revenue as hereinafter provided, the taxes of such company shall be based and computed.
Sec. 29. RCW 84.16.110 and 1967 ex.s. c 26 s 18 are each amended to read as follows:
Upon determination by the department of revenue of the true and ((correct actual cash)) fair value of the property appearing on such rolls the department shall apportion such value to the respective counties entitled thereto as hereinafter provided, and shall determine the equalized or assessed valuation of such property in such counties by applying to such actual apportioned value the same ratio as the ratio of assessed to actual value of the general property of the respective counties: PROVIDED, That, whenever the amount of the true and correct value of the operating property of any company otherwise apportionable to any county shall be less than two hundred fifty dollars, such amount need not be apportioned to such county but may be added to the amount apportioned to an adjacent county.
Sec. 30. RCW 84.16.120 and 1961 c 15 s 84.16.120 are each amended to read as follows:
The ((actual cash)) true and fair value of the property of each company as fixed and determined by the ((state board)) department of ((equalization)) revenue as herein provided shall be apportioned to the respective counties in the following manner:
(1) If all the operating property of the company is situated entirely within a county and none of such property is located within, extends into, or through or is operated into or through any other county, the entire value thereof shall be apportioned to the county within which such property is situate, located and operated.
(2) If the operating property of any company is situated or located within, extends into or is operated into or through more than one county, the value thereof shall be apportioned to the respective counties into or through which its cars are operated in the proportion that the length of main line track of the respective railroads moving such cars in such counties bears to the total length of main line track of such respective railroads in this state.
(3) If the property of any company is of such character that it will not be reasonable, feasible or fair to apportion the value as hereinabove provided, the value thereof shall be apportioned between the respective counties into or through which such property extends or is operated or in which the same is located in such manner as may be reasonable, feasible and fair.
Sec. 31. RCW 84.16.130 and 1975 1st ex.s. c 278 s 183 are each amended to read as follows:
When the ((state board)) department of ((equalization)) revenue shall have determined the equalized or assessed value of the operating property of each company in the respective counties as hereinabove provided, the department of revenue shall certify such equalized or assessed value to the county assessor of the proper county; and the county assessor shall apportion and distribute such assessed or equalized valuation to and between the several taxing districts of ((his)) the county entitled to a proportionate value thereof in the manner prescribed in RCW 84.16.120 for apportionment of values between counties. The county assessor shall enter such assessment upon the personal property tax rolls of ((his)) the county, together with the values so apportioned, and the same shall be and constitute the assessed valuation of the operating company in such county for that year, upon which taxes shall be levied and collected the same as on general property of the county.
Sec. 32. RCW 84.33.130 and 1986 c 100 s 57 are each amended to read as follows:
(1) An owner of land desiring that it be designated as forest land and valued pursuant to RCW 84.33.120 as of January 1 of any year ((commencing with 1972)) shall make application to the county assessor before such January 1.
(2) The application shall be made upon forms prepared by the department of revenue and supplied by the county assessor, and shall include the following:
(a) A legal description of or assessor's tax lot numbers for all land the applicant desires to be designated as forest land;
(b) The date or dates of acquisition of such land;
(c) A brief description of the timber on such land, or if the timber has been harvested, the owner's plan for restocking;
(d) Whether there is a forest management plan for such land;
(e) If so, the nature and extent of implementation of such plan;
(f) Whether such land is used for grazing;
(g) Whether such land has been subdivided or a plat filed with respect thereto;
(h) Whether such land and the applicant are in compliance with the restocking, forest management, fire protection, insect and disease control and forest debris provisions of Title 76 RCW or any applicable regulations thereunder;
(i) Whether such land is subject to forest fire protection assessments pursuant to RCW 76.04.610;
(j) Whether such land is subject to a lease, option or other right which permits it to be used for any purpose other than growing and harvesting timber;
(k) A summary of the past experience and activity of the applicant in growing and harvesting timber;
(l) A summary of current and continuing activity of the applicant in growing and harvesting timber;
(m) A statement that the applicant is aware of the potential tax liability involved when such land ceases to be designated as forest land;
(n) An affirmation that the statements contained in the application are true and that the land described in the application is, by itself or with other forest land not included in the application, in contiguous ownership of twenty or more acres which is primarily devoted to and used for growing and harvesting timber.
The assessor shall afford the applicant an opportunity to be heard if the application so requests.
(3) The assessor shall act upon the application with due regard to all relevant evidence and without any one or more items of evidence necessarily being determinative, except that the application may be denied for one of the following reasons, without regard to other items:
(a) The land does not contain either a "merchantable stand of timber" or an "adequate stocking" as defined ((in RCW 76.08.010, or any laws or regulations adopted to replace such minimum standards)) by rule adopted by the forest practices board, except this reason (a) shall not alone be sufficient for denial of the application (i) if such land has been recently harvested or supports a growth of brush or noncommercial type timber, and the application includes a plan for restocking within three years or such longer period necessitated by unavailability of seed or seedlings, or (ii) if only isolated areas within such land do not meet such minimum standards due to rock outcroppings, swamps, unproductive soil or other natural conditions;
(b) The applicant, with respect to such land, has failed to comply with a final administrative or judicial order with respect to a violation of the restocking, forest management, fire protection, insect and disease control and forest debris provisions of Title 76 RCW or any applicable regulations thereunder;
(c) The land abuts a body of salt water and lies between the line of ordinary high tide and a line paralleling such ordinary high tide line and two hundred feet horizontally landward therefrom, except that if the higher and better use determined by the assessor to exist for such land would not be permitted or economically feasible by virtue of any federal, state or local law or regulation such land shall be assessed and valued pursuant to the procedures set forth in RCW 84.33.110 and 84.33.120 without being designated. The application shall be deemed to have been approved unless, prior to May 1, of the year after such application was mailed or delivered to the assessor, ((he)) the assessor shall notify the applicant in writing of the extent to which the application is denied.
(4) An owner who receives notice pursuant to subsection (3) of this section that his or her application has been denied may appeal such denial to the county board of equalization.
Sec. 33. RCW 84.34.230 and 1973 1st ex.s. c 195 s 94 are each amended to read as follows:
For the purpose of acquiring conservation futures as well as other rights and interests in real property pursuant to RCW 84.34.210 and 84.34.220, a county may levy an amount not to exceed six and one-quarter cents per thousand dollars of assessed valuation against the assessed valuation of all taxable property within the county, which levy shall be in addition to that authorized by RCW ((84.52.050 and)) 84.52.043.
Sec. 34. RCW 84.38.040 and 1984 c 220 s 22 are each amended to read as follows:
(1) Each claimant electing to defer payment of special assessments and/or real property tax obligations under this chapter shall file with the county assessor, on forms prescribed by the department and supplied by the assessor, a written declaration thereof. The declaration to defer special assessments and/or real property taxes for any year shall be filed no later than thirty days before the tax or assessment is due or thirty days after receiving notice under RCW ((84.64.030 or)) 84.64.050, whichever is later: PROVIDED, That for good cause shown, the department may waive this requirement.
(2) The declaration shall designate the property to which the deferral applies, and shall include a statement setting forth (a) a list of all members of the claimant's household, (b) the claimant's equity value in his residence, (c) facts establishing the eligibility for the deferral under the provisions of this chapter, and (d) any other relevant information required by the rules of the department. Each copy shall be signed by the claimant subject to the penalties as provided in chapter ((9.72)) 9A.72 RCW for ((the)) false swearing. The first declaration to defer filed in a county shall include proof of the claimant's age acceptable to the assessor.
(3) The county assessor shall determine if each claimant shall be granted a deferral for each year but the claimant shall have the right to appeal this determination to the county board of equalization whose decision shall be final as to the deferral of that year.
Sec. 35. RCW 84.40.0301 and 1971 ex.s. c 288 s 2 are each amended to read as follows:
(((1))) Upon review by any court, or appellate body, of a determination of the valuation of property for purposes of taxation, it shall be presumed that the determination of the public official charged with the duty of establishing such value is correct but this presumption shall not be a defense against any correction indicated by clear, cogent and convincing evidence.
(((2) In any administrative or judicial proceeding pending upon May 21, 1971 or arising from the property revaluation under the provisions of section 4, chapter 282, Laws of 1969 ex. sess., and section 1, chapter 95, Laws of 1970 ex. sess., the provisions of this section will apply. This paragraph shall not be construed so as to limit in any way the provisions of subsection (1) of this section.))
Sec. 36. RCW 84.40.045 and 1977 ex.s. c 181 s 1 are each amended to read as follows:
The assessor shall give notice of any change in the true and fair value of real property for the tract or lot of land and any improvements thereon no later than thirty days after appraisal: PROVIDED, That no such notice shall be mailed during the period from January 15 to February 15 of each year: PROVIDED FURTHER, That no notice need be sent with respect to changes in valuation of forest land made pursuant to chapter 84.33 RCW.
The notice shall contain a statement of both the prior and the new true and fair value and the ratio of the assessed value to the true and fair value on which the assessment of the property is based, stating separately land and improvement values, and a brief statement of the procedure for appeal to the board of equalization and the time, date, and place of the meetings of the board.
The notice shall be mailed by the assessor to the taxpayer.
If any taxpayer, as shown by the tax rolls, holds solely a security interest in the real property which is the subject of the notice, pursuant to a mortgage, contract of sale, or deed of trust, such taxpayer shall, upon written request of the assessor, supply, within thirty days of receipt of such request, to the assessor the name and address of the person making payments pursuant to the mortgage, contract of sale, or deed of trust, and thereafter such person shall also receive a copy of the notice provided for in this section. Willful failure to comply with such request within the time limitation provided for herein shall make such taxpayer subject to a maximum civil penalty of five ((dollars for each parcel of real property within the scope of the request in which it holds the security interest, the aggregate of such penalties in any one year not to exceed five)) thousand dollars. The penalties provided for herein shall be recoverable in an action by the county prosecutor, and when recovered shall be deposited in the county current expense fund. The assessor shall make the request provided for by this section during the month of January.
Sec. 37. RCW 84.40.080 and 1973 2nd ex.s. c 8 s 1 are each amended to read as follows:
((The)) An assessor((, upon his own motion, or upon the application of any taxpayer,)) shall enter ((in the detail and assessment list of the current)) on the assessment roll in any year any property shown to have been omitted from the assessment ((list)) roll of any preceding year, at the ((valuation of that)) value for the preceding year, or if not then valued, at such ((valuation)) value as the assessor shall determine ((from)) for the preceding year, and such ((valuation)) value shall be stated ((in a separate line)) separately from the ((valuation)) value of ((the current)) any other year. ((Where improvements have not been valued and assessed as a part of the real estate upon which the same may be located, as evidenced by the assessment rolls, they may be separately valued and assessed as omitted property under this section)) When any improvement has not been placed on an assessment roll as a part of the real estate upon which it is located, the improvement may, subject to RCW 84.40.085, be subsequently placed upon the assessment roll regardless of whether any other improvement on the real estate is listed on the assessment roll. For purposes of this section it is immaterial whether an assessment roll lists each improvement separately: PROVIDED, That no such assessment shall be made in any case where a bona fide purchaser((, encumbrancer,)) or contract buyer has acquired any interest in said property prior to the time such improvements are assessed. When such an omitted assessment is made, the taxes levied thereon may be paid within one year of the due date of the taxes for the year in which the assessment is made without penalty or interest: AND PROVIDED FURTHER, That in the assessment of personal property, the assessor shall assess the omitted value not reported by the taxpayer as evidenced by an inspection of either the property or the books and records of said taxpayer by the assessor.
Sec. 38. RCW 84.40.090 and 1961 c 15 s 84.40.090 are each amended to read as follows:
It shall be the duty of assessors, when assessing real or personal property, to designate the name or number of each taxing ((and road)) district in which each person and each description of property assessed is liable for taxes((, which designation shall be made by writing the name or number of the districts opposite each assessment in the column provided for that purpose in the detail and assessment list)). When the real and personal property of any person is assessable in several taxing districts ((and/or road districts)), the amount in each shall be assessed ((on separate detail and assessment lists, and all property assessable in incorporated cities or towns shall be assessed in consecutive books, where more than one book is necessary, separate from outside property and separately, and the name of the owner, if known, together with his post office address, placed opposite each amount)) separately.
Sec. 39. RCW 84.40.170 and 1961 c 15 s 84.40.170 are each amended to read as follows:
(1) In all cases of irregular subdivided tracts or lots of land other than any regular government subdivision the county assessor shall outline a plat of such tracts or lots and notify the owner or owners thereof with a request to have the same surveyed by the county engineer, and cause the same to be platted into numbered (or lettered) lots or tracts: PROVIDED, HOWEVER, That where any county has in its possession the correct field notes of any such tract or lot of land a new survey shall not be necessary, but such tracts may be mapped from such field notes. In case the owner of such tracts or lots neglects or refuses to have the same surveyed or platted, the county assessor shall notify the ((board of)) county ((commissioners)) legislative authority in and for the county, who may order and direct the county engineer to make the proper survey and plat of the tracts and lots. A plat shall be made on which said tracts or lots of land shall be accurately described by lines, and numbered (or lettered), which numbers (or letters) together with number of the section, township and range shall be distinctly marked on such plat, and the field notes of all such tracts or lots of land shall describe each tract or lot according to the survey, and such tract or lot shall be numbered (or lettered) to correspond with its number (or letter) on the map. The plat shall be given a designated name by the surveyor thereof. When the survey, plat, field notes and name of plat, shall have been approved by the ((board of)) county ((commissioners)) legislative authority, the plat and field notes shall be filed and recorded in the office of the county auditor, and the description of any tract or lot of land described in said plats by number (or letter), section, township and range, shall be a sufficient and legal description for revenue and all other purposes.
(2) Upon the request of eighty percent of the owners of the property to be surveyed and the approval of the county legislative authority, the county assessor may charge for actual costs and file a lien against the subject property if the costs are not repaid within ninety days of notice of completion, which may be collected as if such charges had been levied as a property tax.
Sec. 40. RCW 84.41.070 and 1975 1st ex.s. c 278 s 198 are each amended to read as follows:
If the department of revenue finds upon its own investigation, or upon a showing by others, that the revaluation program for any county is not proceeding for any reason as herein directed, ((or is not proceeding for any reason with sufficient rapidity to be completed before June 1, 1958,)) the department of revenue shall advise both the ((board of)) county ((commissioners)) legislative authority and the county assessor of such finding. Within thirty days after receiving such advice, the ((board of)) county ((commissioners)) legislative authority, at regular or special session, either (1) shall authorize such expenditures as will enable the assessor to complete the revaluation program as herein directed, or (2) shall direct the assessor to request special assistance from the department of revenue for aid in effectuating the county's revaluation program.
Sec. 41. RCW 84.44.010 and 1961 c 15 s 84.44.010 are each amended to read as follows:
Personal property, except such as is required in this title to be listed and assessed otherwise, shall be listed and assessed in the county where it is situated. ((The personal property pertaining to the business of a merchant or of a manufacturer shall be listed in the town or place where his business is carried on.))
Sec. 42. RCW 84.48.050 and 1961 c 15 s 84.48.050 are each amended to read as follows:
The county assessor shall, on or before the fifteenth day of January in each year, make out and transmit to the state auditor, in such form as may be prescribed, a complete abstract of the tax rolls of the county, showing the number of acres ((of land)) that have been assessed((, the)) and the total value of ((such land)) the real property, including the structures ((thereon; the value of town and city lots, including structures)) on the real property; the total value of all taxable personal property in the county; the aggregate amount of all taxable property in the county; the total amount as equalized and the total amount of taxes levied in the county for state, county, city and other taxing district purposes, for that year. Should the assessor of any county fail to transmit to the ((state board)) department of ((equalization)) revenue the abstract provided for in RCW 84.48.010 by the ((time the state board of equalization convenes)) eighteenth of August, and if, by reason of such failure to transmit such abstract, any county shall fail to collect and pay to the state its due proportion of the state tax for any year, the ((state board)) department of ((equalization)) revenue shall, at its next annual session, ascertain what amount of state tax said county has failed to collect, and certify the same to the state auditor, who shall charge the amount to the proper county and notify the auditor of said county of the amount of said charge; said sum shall be due and payable immediately by warrant in favor of the state on the current expense fund of said county.
Sec. 43. RCW 84.48.080 and 1990 c 283 s 1 are each amended to read as follows:
Annually during the months of September and October, the department of revenue shall examine and compare the returns of the assessment of the property in the several counties of the state, and the assessment of the property of railroad and other companies assessed by the department, and proceed to equalize the same, so that each county in the state shall pay its due and just proportion of the taxes for state purposes for such assessment year, according to the ratio the valuation of the property in each county bears to the total valuation of all property in the state.
First. The department shall classify all property, real and personal, and shall raise and lower the valuation of any class of property in any county to a value that shall be equal, so far as possible, to the true and fair value of such class as of January 1st of the current year for the purpose of ascertaining the just amount of tax due from each county for state purposes. In equalizing personal property as of January 1st of the current year, the department shall use the assessment level of the preceding year. Such classification may be on the basis of types of property, geographical areas, or both. For purposes of this section, for each county that has not provided the department with an assessment return by December 1st, the department shall proceed, using facts and information and in a manner it deems appropriate, to estimate the value of each class of property in the county.
Second. The department shall keep a full record of its proceedings and the same shall be published annually by the department.
The department shall levy the state taxes authorized by law: PROVIDED, That the amount levied in any one year for general state purposes shall not exceed the lawful dollar rate on the dollar of the assessed value of the property of the entire state, which assessed value shall be one hundred percent of the true and fair value of such property in money. The department shall apportion the amount of tax for state purposes levied by the department, among the several counties, in proportion to the valuation of the taxable property of the county for the year as equalized by the department: PROVIDED, That for purposes of this apportionment, the department shall recompute the previous year's levy and the apportionment thereof to correct for changes and errors in taxable values reported to the department after October 1 of the preceding year and shall adjust the apportioned amount of the current year's state levy for each county by the difference between the apportioned amounts established by the original and revised levy computations for the previous year. For purposes of this section, changes in taxable values mean a final adjustment made by a county board of equalization, the state board of tax appeals, or a court of competent jurisdiction and shall include additions of omitted property, other additions or deletions from the assessment or tax rolls, any assessment return provided by a county to the department subsequent to December 1st, or a change in the indicated ratio of a county. Errors in taxable values mean errors corrected by a final reviewing body.
The department shall have authority to adopt rules and regulations to enforce obedience to its orders in all matters in relation to the returns of county assessments, the equalization of values, and the apportionment of the state levy by the department.
After the completion of the duties hereinabove prescribed, the director of the department shall certify the record of the proceedings of the department under this section, the tax levies made for state purposes and the apportionment thereof among the counties, and the certification shall be available for public inspection.
Sec. 44. RCW 84.48.110 and 1987 c 168 s 1 are each amended to read as follows:
Within three days after the record of the proceedings of the ((state board)) department of ((equalization)) revenue is certified by the director of the department, the department shall transmit to each county assessor a copy of the record of the proceedings of the ((board)) department, specifying the amount to be levied and collected ((on said assessment books)) for state purposes for such year, and in addition thereto it shall certify to each county assessor the amount due to each state fund and unpaid from such county for the fifth preceding year, and such delinquent state taxes shall be added to the amount levied for the current year. The department shall close the account of each county for the fifth preceding year and charge the amount of such delinquency to the tax levy of the current year. These delinquent taxes shall not be subject to chapter 84.55 RCW. All taxes collected on and after the first day of July last preceding such certificate, on account of delinquent state taxes for the fifth preceding year shall belong to the county and by the county treasurer be credited to the current expense fund of the county in which collected.
Sec. 45. RCW 84.48.120 and 1987 c 168 s 2 are each amended to read as follows:
It shall be the duty of the county assessor of each county, when he shall have received from the state department of revenue the assessed valuation of the property of railroad and other companies assessed by the department of revenue and apportioned to the county, and placed the same on the tax rolls, and received the report of the department of revenue of the amount of taxes levied for state purposes, to compute the required percent on the assessed value of property in the county, and such state taxes shall be extended on the tax rolls in the proper column: PROVIDED, That the rates so computed shall not be such as to raise a surplus of more than five percent over the total amount required by the ((state board)) department of ((equalization)) revenue: PROVIDED FURTHER, That any surplus raised shall be remitted to the state in accordance with RCW 84.56.280.
Sec. 46. RCW 84.48.150 and 1973 1st ex.s. c 30 s 1 are each amended to read as follows:
The assessor shall, upon the request of any taxpayer who petitions the board of equalization for review of a tax claim or valuation dispute, make available to said taxpayer a compilation of comparable sales utilized by the assessor in establishing such taxpayer's property valuation. If valuation criteria other than comparable sales were used, the assessor shall furnish the taxpayer with such other factors and the addresses of such other property used in making the determination of value.
The assessor shall within ((thirty)) sixty days of such request but at least ((ten)) fifteen business days, excluding legal holidays, prior to such taxpayer's appearance before the board of equalization make available to the taxpayer the valuation criteria and/or comparable((s)) sales which shall not be subsequently changed ((or modified)) by the assessor ((during review or appeal proceedings)) unless the assessor has found new evidence supporting the assessor's valuation, in which situation the assessor shall provide such additional evidence to the taxpayer and the board of equalization at least ((ten)) fifteen business days prior to the hearing ((on appeal or review proceedings)) at the board of equalization. A taxpayer who lists comparable sales on ((his)) a notice of appeal ((shall not thereafter use other comparables during the review of appeal proceedings: PROVIDED, That the taxpayer may change the comparable sales he is using in proceedings subsequent to the county board of equalization only if he provides a listing of such different comparables to the assessor at least five business days prior to such subsequent proceedings: PROVIDED FURTHER, That the board of equalization may waive the requirements contained in the preceding proviso or allow the assessor a continuance of reasonable duration to check the comparables furnished by the taxpayer)) shall not subsequently change such sales unless the taxpayer has found new evidence supporting the taxpayer's proposed valuation in which case the taxpayer shall provide such additional evidence to the assessor and board of equalization at least ten business days, excluding legal holidays, prior to the hearing. If either the assessor or taxpayer does not meet the requirements of this section the board of equalization may continue the hearing to provide the parties an opportunity to review all evidence or, upon objection, refuse to consider sales not submitted in a timely manner.
NEW SECTION. Sec. 47. A new section is added to chapter 84.48 RCW to read as follows:
The board of equalization may enter an order that has effect up to the end of the assessment cycle used by the assessor, if there has been no intervening change in the value during that time.
Sec. 48. RCW 84.55.005 and 1983 1st ex.s. c 62 s 11 are each amended to read as follows:
As used in this chapter, the term "regular property taxes" has the meaning given it in RCW 84.04.140, and also includes amounts received in lieu of regular property taxes ((under RCW 84.09.080)).
Sec. 49. RCW 84.56.010 and 1975-'76 2nd ex.s. c 10 s 1 are each amended to read as follows:
On or before the first Monday in January next succeeding the date of levy of taxes the ((county auditor shall issue to the)) county treasurer ((his warrant authorizing the collection of taxes listed on the)) shall establish tax rolls of his or her county as certified by the county assessor for such assessment year, and said rolls shall be preserved as a public record in the office of the county treasurer. The amount of said taxes levied and extended upon said rolls shall be charged to the treasurer in an account to be designated as treasurer's "Tax roll account" for . . . . . . and said rolls ((with the warrants for collection)) shall be full and sufficient authority for the county treasurer to receive and collect all taxes therein levied: PROVIDED, That the county treasurer shall in no case collect such taxes or issue receipts for the same or enter payment or satisfaction of such taxes upon said assessment rolls before the fifteenth day of February following.
Sec. 50. RCW 84.56.160 and 1961 c 15 s 84.56.160 are each amended to read as follows:
The treasurer of any county of this state shall have the power to certify a statement of taxes and delinquencies of any person, firm, company or corporation, or of any tax on personal property together with all penalties and delinquencies, which statement shall be under seal and contain a transcript of the ((warrant of)) tax collection records and so much of the tax roll as shall affect the person, firm, company or corporation or personal property to the treasurer of any county of this state, wherein any such person, firm, company or corporation has any real or personal property.
Sec. 51. RCW 84.56.170 and 1961 c 15 s 84.56.170 are each amended to read as follows:
The treasurer of any county of this state receiving the certified statement provided for in RCW 84.56.150 and 84.56.160, shall have the same power to collect the taxes, penalties and delinquencies so certified as ((he)) the treasurer has to collect the personal taxes levied on personal property in his or her own county, and as soon as the said taxes are collected they shall be remitted, less the cost of collecting same, to the treasurer of the county to which said taxes belong, by the treasurer collecting them((, and he shall return a certified copy of the certified statement to the auditor of the county to which the taxes belong, together with a certified statement of the amount remitted to the said treasurer)).
Sec. 52. RCW 84.56.340 and 1985 c 395 s 4 are each amended to read as follows:
Any person desiring to pay taxes upon any part or parts of real property heretofore or hereafter assessed as one parcel, or tract, may do so by applying to the county assessor, who must carefully investigate and ascertain the relative or proportionate value said part bears to the whole tract assessed, on which basis the assessment must be divided, and the assessor shall forthwith certify such proportionate value to the county treasurer: PROVIDED, That excepting when property is being acquired for public use, or where a person or financial institution desires to pay the taxes and any penalties and interest on a mobile home upon which they have a lien by mortgage or otherwise, no segregation of property for tax purposes shall be made unless all delinquent taxes and assessments on the entire tract have been paid in full((: AND PROVIDED FURTHER, That where the assessed valuation of the tract to be divided exceeds two thousand dollars a notice by registered mail must be given by the assessor to the several owners interested in said tract, if known, and if no protest against said division be filed with the county assessor within twenty days from date of notice,)). The county assessor shall duly certify the proportionate value to the county treasurer. The county treasurer, upon receipt of certification, shall duly accept payment and issue receipt on the apportionment certified by the county assessor. In cases where protest is filed to said division appeal shall be made to the county ((commissioners at their)) legislative authority at its next regular session for final division, and the county treasurer shall accept and receipt for said taxes as determined and ordered by the county ((commissioners)) legislative authority. Any person desiring to pay on an undivided interest in any real property may do so by paying to the county treasurer a sum equal to such proportion of the entire taxes charged on the entire tract as interest paid on bears to the whole.
Sec. 53. RCW 84.60.050 and 1971 ex.s. c 260 s 2 are each amended to read as follows:
(1) When real property is acquired by purchase or condemnation by the state of Washington, any county or municipal corporation or is placed under a recorded agreement for immediate possession and use or an order of immediate possession and use pursuant to RCW 8.04.090, such property shall continue to be subject to the tax lien for the years prior to the year in which the property is so acquired or placed under such agreement or order, of any tax levied by the state, county, municipal corporation or other tax levying public body, except as is otherwise provided in RCW 84.60.070.
(2) The lien for taxes applicable to the real property being acquired or placed under immediate possession and use for the year in which such real property is so acquired or placed under immediate possession and use shall be for only the pro rata portion of taxes allocable to that portion of the year prior to the date of execution of the instrument vesting title, date of recording such agreement of immediate possession and use, date of such order of immediate possession and use, or date of judgment. No taxes levied or tax lien on such property allocable to a period subsequent to the dates identified in this subsection shall be valid and any such taxes levied shall be canceled as provided in RCW ((84.56.400)) 84.48.065. In the event the owner has paid taxes allocable to that portion of the year subsequent to the dates identified in this subsection he or she shall be entitled to a pro rata refund of the amount paid on the property so acquired or placed under a recorded agreement or an order of immediate possession and use. If the dates identified in this subsection precede February 15th of the year in which such taxes become payable, no lien for such taxes shall be valid and any such taxes levied but not payable shall be canceled as provided in RCW ((84.56.400)) 84.48.065.
Sec. 54. RCW 84.69.020 and 1991 c 245 s 31 are each amended to read as follows:
On the order of the county treasurer, ad valorem taxes paid before or after delinquency shall be refunded if they were:
(1) Paid more than once; or
(2) Paid as a result of manifest error in description; or
(3) Paid as a result of a clerical error in extending the tax rolls; or
(4) Paid as a result of other clerical errors in listing property; or
(5) Paid with respect to improvements which did not exist on assessment date; or
(6) Paid under levies or statutes adjudicated to be illegal or unconstitutional; or
(7) Paid as a result of mistake, inadvertence, or lack of knowledge by any person exempted from paying real property taxes or a portion thereof pursuant to RCW 84.36.381 through 84.36.389, as now or hereafter amended; or
(8) Paid ((or overpaid)) as a result of mistake, inadvertence, or lack of knowledge by either a public official or employee or by any person ((paying the same or paid as a result of mistake, inadvertence, or lack of knowledge by either a public official or employee or by any person paying the same)) with respect to real property in which the person paying the same has no legal interest; or
(9) Paid on the basis of an assessed valuation which was appealed to the county board of equalization and ordered reduced by the board; or
(10) Paid on the basis of an assessed valuation which was appealed to the state board of tax appeals and ordered reduced by the board: PROVIDED, That the amount refunded under subsections (9) and (10) of this section shall only be for the difference between the tax paid on the basis of the appealed valuation and the tax payable on the valuation adjusted in accordance with the board's order; or
(11) Paid as a state property tax levied upon property, the assessed value of which has been established by the state board of tax appeals for the year of such levy: PROVIDED, HOWEVER, That the amount refunded shall only be for the difference between the state property tax paid and the amount of state property tax which would, when added to all other property taxes within the one percent limitation of Article VII, section 2 (((Amendment 59))) of the state Constitution equal one percent of the assessed value established by the board;
(12) Paid on the basis of an assessed valuation which was adjudicated to be unlawful or excessive: PROVIDED, That the amount refunded shall be for the difference between the amount of tax which was paid on the basis of the valuation adjudged unlawful or excessive and the amount of tax payable on the basis of the assessed valuation determined as a result of the proceeding; or
(13) Paid on property acquired under RCW 84.60.050, and canceled under RCW 84.60.050(2).
No refunds under the provisions of this section shall be made because of any error in determining the valuation of property, except as authorized in subsections (9), (10), (11), and (12) of this section nor may any refunds be made if a bona fide purchaser has acquired rights that would preclude the assessment and collection of the refunded tax from the property that should properly have been charged with the tax. Any refunds made on delinquent taxes shall include the proportionate amount of interest and penalties paid. The county treasurer may deduct from moneys collected for the benefit of the state's levy, refunds of the state levy including interest on the levy as provided by this section and chapter 84.68 RCW.
The county treasurer of each county shall make all refunds determined to be authorized by this section, and by the first Monday in January of each year, report to the county legislative authority a list of all refunds made under this section during the previous year. The list is to include the name of the person receiving the refund, the amount of the refund, and the reason for the refund.
Sec. 55. RCW 84.70.010 and 1987 c 319 s 6 are each amended to read as follows:
(1) If, on or before December 31 in any calendar year, any real or personal property placed upon the assessment roll of that year is destroyed in whole or in part, or is in an area that has been declared a disaster area by the governor and has been reduced in value by more than twenty percent as a result of a natural disaster, the true ((cash)) and fair value of such property shall be reduced for that year by an amount determined as follows:
(a) First take the true ((cash)) and fair value of such taxable property before destruction or reduction in value and deduct therefrom the true ((cash)) and fair value of the remaining property after destruction or reduction in value.
(b) Then divide any amount remaining by the number of days in the year and multiply the quotient by the number of days remaining in the calendar year after the date of the destruction or reduction in value of the property.
(2) No reduction in the true ((cash)) and fair value shall be made more than three years after the date of destruction or reduction in value.
(3) The assessor shall make such reduction on his or her own motion; however, the taxpayer may make application for reduction on forms prepared by the department and provided by the assessor. The assessor shall notify the taxpayer of the amount of reduction.
(4) If destroyed property is replaced prior to the valuation dates contained in RCW 36.21.080 and 36.21.090, the total taxable value for that year shall not exceed the value as of the appropriate valuation date in RCW 36.21.080 or 36.21.090, whichever is appropriate.
(5) The taxpayer may appeal the amount of reduction to the county board of equalization within thirty days of notification or July ((15th)) 1st of the year of reduction, whichever is later. The board shall reconvene, if necessary, to hear the appeal.
NEW SECTION. Sec. 56. The following acts or parts of acts are each repealed:
(1) RCW 35.49.120 and 1965 c 7 s 35.49.120;
(2) RCW 36.21.020 and 1963 c 4 s 36.21.020;
(3) RCW 36.21.030 and 1963 c 4 s 36.21.030;
(4) RCW 84.56.023 and 1989 c 378 s 38;
(5) RCW 36.18.140 and 1963 c 4 s 36.18.140; and
(6) RCW 84.56.180 and 1973 1st ex.s. c 195 s 110, 1969 ex.s. c 124 s 5, & 1961 c 15 s 84.56.180."
Signed by Representatives H. Myers, Chair; Springer, Vice Chair; Edmondson, Ranking Minority Member; Dunshee; R. Fisher; Horn; Moak; Rayburn; Van Luven and Zellinsky.
MINORITY recommendation: Do not pass. Signed by Representative Reams, Assistant Ranking Minority Member .
Referred to Committee on Revenue.
February 25, 1994
ESB 5449 Prime Sponsor, Hargrove: Changing provisions regarding judgments. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 4.56.100 and 1983 c 28 s 1 are each amended to read as follows:
(1) When any judgment for the payment of money only shall have been paid or satisfied, the clerk of the court in which such judgment was rendered shall note upon the record in the execution docket satisfaction thereof giving the date of such satisfaction upon either the payment to such clerk of the amount of such judgment, costs and interest and any accrued costs by reason of the issuance of any execution, or the filing with such clerk of a satisfaction entitled in such action and identifying the same executed by the judgment creditor or his attorney of record in such action or his assignee acknowledged as deeds are acknowledged. Every satisfaction of judgment and every partial satisfaction of judgment which provides for the payment of money shall clearly designate the judgment creditor and his or her attorney if any, the judgment debtor, the amount or type of satisfaction, whether the satisfaction is full or partial, the cause number, and the date of entry of the judgment. A certificate by such clerk of the entry of such satisfaction by him may be filed in the office of the clerk of any county in which an abstract of such judgment has been filed. When so satisfied by the clerk or the filing of such certificate the lien of such judgment shall be discharged.
(2) The department of social and health services shall file a satisfaction of judgment for welfare fraud conviction if a person does not pay money through the clerk as required under subsection (1) of this section.
(3) The department of corrections shall file a satisfaction of judgment if a person does not pay money through the clerk's office as required under subsection (1) of this section.
Sec. 2. RCW 4.64.030 and 1987 c 442 s 1107 are each amended to read as follows:
The clerk shall enter all judgments in the execution docket, subject to the direction of the court and shall specify clearly the amount to be recovered, the relief granted, or other determination of the action.
On the first page of each judgment which provides for the payment of money, the following shall be succinctly summarized: The judgment creditor and the name of his or her attorney, the judgment debtor, the amount of the judgment, the interest owed to the date of the judgment, and the total of the taxable costs and attorney fees, if known at the time of the entry of the judgment. If the attorney fees and costs are not included in the judgment, they shall be summarized in the cost bill when filed. This information is included in the judgment to assist the county clerk in his or her record-keeping function. The clerk may not sign or file a judgment, and a judgment does not take effect, until the judgment has a summary in compliance with this section. The clerk is not liable for an incorrect summary.
Sec. 3. RCW 6.21.110 and 1987 c 442 s 611 are each amended to read as follows:
(1) Upon the return of any sale of real estate, the clerk: (a) Shall enter the cause, on which the execution or order of sale issued, by its title, on the motion docket, and mark opposite the same: "Sale of land for confirmation"; (b) shall mail notice of the filing of the return of sale to all parties who have entered a written notice of appearance in the action and who have not had an order of default entered against them; (c) shall file proof of such mailing in the action; (d) shall apply the proceeds of the sale returned by the sheriff, or so much thereof as may be necessary, to satisfaction of the judgment, including interest as provided in the judgment, and shall pay any excess proceeds as provided in subsection (5) of this section by direction of court order; and (e) upon confirmation of the sale, shall deliver the original certificate of sale to the purchaser.
(2) The judgment creditor or successful purchaser at the sheriff's sale is entitled to an order confirming the sale at any time after twenty days have elapsed from the mailing of the notice of the filing of the sheriff's return, on motion with notice given to all parties who have entered a written notice of appearance in the action and who have not had an order of default entered against them, unless the judgment debtor, or in case of the judgment debtor's death, the representative, or any nondefaulting party to whom notice was sent shall file objections to confirmation with the clerk within twenty days after the mailing of the notice of the filing of such return.
(3) If objections to confirmation are filed, the court shall nevertheless allow the order confirming the sale, unless on the hearing of the motion, it shall satisfactorily appear that there were substantial irregularities in the proceedings concerning the sale, to the probable loss or injury of the party objecting. In the latter case, the court shall disallow the motion and direct that the property be resold, in whole or in part, as the case may be, as upon an execution received as of that date.
(4) Upon a resale, the bid of the purchaser at the former sale shall be deemed to be renewed and continue in force, and no bid shall be taken, except for a greater amount. If on resale the property sells for a greater amount to any person other than the former purchaser, the clerk shall first repay to the former purchaser out of the proceeds of the resale the amount of the former purchaser's bid together with interest as is provided in the judgment.
(5) If, after the satisfaction of the judgment, there be any proceeds of the sale remaining, the clerk shall pay such proceeds to the judgment debtor, or the judgment debtor's representative, as the case may be, before the order is made upon the motion to confirm the sale only if the party files with the clerk a waiver of all objections made or to be made to the proceedings concerning the sale; otherwise the excess proceeds shall remain in the custody of the clerk until the sale of the property has been disposed of; but if the sale be confirmed, such excess proceeds shall be paid to the judgment debtor or representative as a matter of course.
(6) The purchaser shall file the original certificate of sale for record with the recording officer in the county in which the property is located.
Sec. 4. RCW 36.48.090 and 1987 c 363 s 4 are each amended to read as follows:
Whenever the clerk of the superior court has funds held in trust for any litigant or for any purpose, they shall be deposited in a separate fund designated "clerk's trust fund," and shall not be commingled with any public funds. However, in the case of child support payments, the clerk may send the checks or drafts directly to the recipient or endorse the instrument to the recipient and the clerk is not required to deposit such funds. In processing child support payments, the clerk shall comply with RCW 26.09.120. The clerk may invest the funds in any of the investments authorized by RCW 36.29.020. The clerk shall place the income from such investments in the county current expense fund to be used by the county for general county purposes unless: (1) The funds being held in trust in a particular matter are two thousand dollars or more, and (2) a litigant in the matter has filed a written request that such investment be made of the funds being held in trust ((and the income be paid to the beneficiary)). Interest income accrued from the date of filing of the written request for investment shall be paid to the beneficiary. In such an event, any income from such investment shall be paid to the beneficiary of such trust upon the termination thereof: PROVIDED, That five percent of the income shall be deducted by the clerk as an investment service fee and placed in the county current expense fund to be used by the county for general county purposes.
In any matter where funds are held in the clerk's trust fund, any litigant who is not represented by an attorney and who has appeared in matters where the funds held are two thousand dollars or more shall receive written notice of the provisions of this section from the clerk."
Signed by Representatives Appelwick, Chair; Johanson, Vice Chair; Padden, Ranking Minority Member; Ballasiotes, Assistant Ranking Minority Member; Campbell; Chappell; Eide; Forner; J. Kohl; Long; Morris; H. Myers; Riley; Schmidt; Scott; Tate and Wineberry.
Passed to Committee on Rules for second reading.
February 24, 1994
E2SSB 5468 Prime Sponsor, Committee on Trade, Technology & Economic Development: Imposing requirements for businesses that receive public assistance. Reported by Committee on Trade, Economic Development & Housing
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that when public funds are used to support private enterprise, the public may gain through the creation of new jobs, the diversification of the economy, or higher quality jobs for existing workers. The legislature further finds that such returns on public investments are not automatic and that tax-based incentives, in particular, may result in a greater tax burden on businesses and individuals that are not eligible for the public support. It is the purpose of this chapter to collect information sufficient to allow the legislature and the executive branch to make informed decisions about the merits of existing tax-based incentives and loan programs intended to encourage economic development in the state.
NEW SECTION. Sec. 2. (1) The department of revenue and the department of community, trade, and economic development shall gather such base-line data as is necessary to measure the effect on businesses of any of the following benefits: (a) A loan of one hundred thousand dollars or more from the development loan fund; (b) fifty thousand dollars or more in tax credits under chapter 82.62 RCW; or (c) a deferral of one hundred thousand dollars or more in taxes under chapter 82.60 or 82.61 RCW. The departments shall measure the effect of the programs on job creation, company growth, the introduction of new products, the diversification of the state's economy, growth in investments, the movement of firms or the consolidation of firms' operation into the state, and such other factors as the departments select.
(2) The departments shall also measure whether the businesses receiving the benefits: (a) Have complied with federal and state requirements for affirmative action in hiring and promotion of its employees; (b) have provided an average wage that is above the average wage paid by firms located in the same county that share the same two-digit standard industrial code; (c) have provided basic health coverage at a level at least equivalent to basic health coverage under chapter 70.47 RCW; (d) have complied with all applicable federal and state environmental laws and regulations; (e) have complied with the requirements of all federal and state plant closure laws if reducing operations at a facility or relocating a facility; (f) have continued to recognize, if purchasing or relocating a facility within the state, any employee organization, whether international or local, that is a signatory to a collective bargaining agreement; (g) have, if totally closing or relocating a facility, made good faith offers of sale at fair market values for the plant equipment, and inventory to the agents who represent a majority of the employees of the employer, who are seeking to form an employee-owned or, in combination with others, a jointly owned business at the facility being closed or relocated; and (h) meet any five of the following criteria for being a higher performing work organization:
(i) Demonstrates a commitment to continuous improvement of products and services and cost reductions for such products and services;
(ii) Encourages decentralized decision making, worker participation at all levels, and greater reliance on front line workers;
(iii) Has developed a worker-management relationship based on consideration of mutual interest and concerns;
(iv) Has adopted an organizational structure which includes flexible, cross-functional teams responsible for training, customer service, operational problem solving, and product design and development;
(v) Has cultivated an environment which permits a manager to assume motivational and leadership functions, including, but not limited to, long-range planning, coaching, and facilitation, rather than limiting the role of the manager to that of an enforcer;
(vi) Demonstrates a commitment to ongoing training of all workers, including front-line staff;
(vii) Has implemented a flexible benefits program and innovative compensation schemes, including, but not limited to, profit-sharing, gain-sharing, skill-based pay, and pay-for-performance systems;
(viii) Demonstrates a commitment to a safe and healthful workplace;
(ix) Solicits suggestions from customers and suppliers for designing and developing products and services; and
(x) Demonstrates a commitment to delivering a greater variety of high quality products at lower cost through manufacturing innovations such as concurrent engineering, flexible manufacturing, and just-in-time production.
(3) Businesses applying for one of the benefits specified in subsection (1) of this section shall submit employment impact estimates to the departments specifying the number and types of jobs, with wage rates and benefits for those jobs, that the business submitting the application expects to be eliminated, created, or retained on the project site and on other employment sites of the business in Washington as a result of the project that is the subject of the application. The departments shall make the employment impact estimates available for review and comment by employees who may be displaced, employee organizations or state-wide organizations representing employees, the local economic development council or associate development organization, and other affected or interested community organizations or associations.
(4) The departments shall specify that upon a certain date or dates, the businesses which receive one of the benefits specified in subsection (1) of this section shall submit to the department an employment impact statement stating the net number and types of jobs eliminated, created, or retained, with the wage rates and benefits for those jobs, by the business in Washington as a result of the benefit received.
(5) The departments shall report their findings to the executive-legislative committee on economic development policy by September 1, 1995.
(6) The executive-legislative committee on economic development policy shall evaluate the departments' report and make recommendations to the governor and the legislature on the continuation of the benefit programs and any conditions under which they should operate if they are to continue.
NEW SECTION. Sec. 3. Sections 1 and 2 of this act shall constitute a new chapter in Title 43 RCW.
NEW SECTION. Sec. 4. 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 shall take effect March 1, 1994."
Signed by Representatives Wineberry, Chair; Shin, Vice Chair; Campbell; Conway; Morris; Quall; Springer and Valle.
MINORITY recommendation: Do not pass. Signed by Representatives Schoesler, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Backlund; Casada; Sheldon and Wood.
Passed to Committee on Rules for second reading.
February 24, 1994
2SSB 5579 Prime Sponsor, Committee on Trade, Technology & Economic Development: Requiring a state-wide technology strategy. Reported by Committee on Trade, Economic Development & Housing
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds:
(1) The growth and development of innovative, technology-based businesses in Washington is necessary to ensure progress and increase the productivity in key areas of our economy, such as advanced computing, advanced materials, agriculture, forest products, telecommunications, environmental technology, biotechnology, electronic device technology, and manufacturing;
(2) The fostering and development of innovative technology-based businesses in this state and the proper education and training of individuals to work for such businesses is necessary to assure the growth and stability of the state's economy, adequate employment opportunities providing livable wages, the protection of the environment, and the general welfare of the citizens of this state;
(3) Other states have established programs and policies seeking to attract and retain technology-based businesses; and
(4) It is critical that the state develop a state-wide technology strategy that seeks to identify the mechanisms for attracting, developing, and strengthening technology-based industries in the state of Washington and using new technologies in the operation of state government.
NEW SECTION. Sec. 2. A new section is added to chapter 43.330 RCW to read as follows:
(1) The department shall develop a state-wide technology strategy. The department shall specifically examine and develop policies related to: Strengthening research and development partnerships between industry, academia, and government; developing a work force that is educated and skilled to work in technology-based industries; identifying capital funding options for technology-based companies; creating incentives for the start-up of technology-based companies; and expanding and coordinating industrial modernization, technology transfer, and product commercialization programs for small and medium-sized businesses. In addition, the department shall examine: The performance and cost-effectiveness of existing state technology programs including, but not limited to, the Washington technology center; whether the current organizational structure of the Washington technology center and other state technology programs result in these programs meeting the needs and expectations of businesses in this state; whether the patent and royalty percentage to professors and scientists working for institutions of higher education should be increased; whether ownership and possession of patents can or should be given to scientists conducting research leading to such patents at institutions of higher education; and the impact of having state research universities shift from conducting research in state-supported technology centers with no apparent industrial application to applied research for commercial and industrial application by businesses in the state. The department shall submit the strategy to the executive legislative committee on economic development for review.
(2) As used in this section, "technology-based industries" includes, but is not limited to, businesses in advanced computing, advanced materials, biotechnology, electric device technology, environmental technology, agriculture, forest products, telecommunications, and manufacturing."
Signed by Representatives Wineberry, Chair; Shin, Vice Chair; Schoesler, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Backlund; Campbell; Casada; Conway; Quall; Sheldon; Springer; Valle and Wood.
Excused: Representative Morris.
Passed to Committee on Rules for second reading.
February 25, 1994
ESB 5603 Prime Sponsor, Newhouse: Amending the definition of acting in the course of employment. Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass. Signed by Representatives Heavey, Chair; G. Cole, Vice Chair; Lisk, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Horn; Springer and Veloria.
MINORITY recommendation: Without recommendation. Signed by Representatives Conway and King.
Passed to Committee on Rules for second reading.
February 24, 1994
SSB 5714 Prime Sponsor, Committee on Labor & Commerce: Regulating vendor single-interest insurance. Reported by Committee on Financial Institutions & Insurance
MAJORITY Recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 1 through 5 and 7 of this act.
(1) "Borrower" means a person who receives a loan or enters into a retail installment contract under chapter 63.14 RCW to purchase a motor vehicle or vessel in which the secured party holds an interest.
(2) "Motor vehicle" means a motor vehicle in this state subject to registration under chapter 46.16 RCW, except motor vehicles governed by RCW 46.16.020 or registered with the Washington utilities and transportation commission as common or contract carriers.
(3) "Secured party" means a person, corporation, association, partnership, or venture that possesses a bona fide security interest in a motor vehicle or vessel.
(4) "Vendor single-interest" or "collateral protection coverage" means insurance coverage insuring primarily or solely the interest of a secured party but which may include the interest of the borrower in a motor vehicle or vessel serving as collateral and obtained by the secured party or its agent after the borrower has failed to obtain or maintain insurance coverage required by the financing agreement for the motor vehicle or vessel. Vendor single-interest or collateral protection coverage does not include insurance coverage purchased by a secured party for which the borrower is not charged.
(5) "Vessel" means a vessel as defined in RCW 88.02.010 and includes personal watercraft as defined in RCW 88.12.010.
NEW SECTION. Sec. 2. In a contract or loan agreement, or on a separate document accompanying the contract or loan agreement and signed by the borrower, that provides financing for a motor vehicle or vessel and authorizes a secured party to purchase vendor single interest or collateral protection coverage, the following or substantially similar warning must be set forth in ten-point print:
WARNING
UNLESS YOU PROVIDE US WITH EVIDENCE OF THE INSURANCE COVERAGE AS REQUIRED BY OUR LOAN AGREEMENT, WE MAY PURCHASE INSURANCE AT YOUR EXPENSE TO PROTECT OUR INTEREST. THIS INSURANCE MAY, BUT NEED NOT, ALSO PROTECT YOUR INTEREST. IF THE COLLATERAL BECOMES DAMAGED, THE COVERAGE WE PURCHASE MAY NOT PAY ANY CLAIM YOU MAKE OR ANY CLAIM MADE AGAINST YOU. YOU MAY LATER CANCEL THIS COVERAGE BY PROVIDING EVIDENCE THAT YOU HAVE OBTAINED PROPER COVERAGE ELSEWHERE.
YOU ARE RESPONSIBLE FOR THE COST OF ANY INSURANCE PURCHASED BY US. THE COST OF THIS INSURANCE MAY BE ADDED TO YOUR LOAN BALANCE. IF THE COST IS ADDED TO THE LOAN BALANCE, THE INTEREST RATE ON THE UNDERLYING LOAN WILL APPLY TO THIS ADDED AMOUNT. THE EFFECTIVE DATE OF COVERAGE MAY BE THE DATE YOUR PRIOR COVERAGE LAPSED OR THE DATE YOU FAILED TO PROVIDE PROOF OF COVERAGE.
THE COVERAGE WE PURCHASE MAY BE CONSIDERABLY MORE EXPENSIVE THAN INSURANCE YOU CAN OBTAIN ON YOUR OWN AND MAY NOT SATISFY WASHINGTON'S MANDATORY LIABILITY INSURANCE LAWS.
NEW SECTION. Sec. 3. (1) A secured party shall not impose charges, that may include but are not limited to interest, finance, and premium charges, on a borrower for vendor single interest or collateral protection coverage for the motor vehicle or vessel as provided in subsection (2) of this section until the following or a substantially similar warning printed in ten-point type is sent to the borrower:
FINAL NOTICE AND WARNING
UNLESS YOU PROVIDE US WITH EVIDENCE OF THE INSURANCE COVERAGE AS REQUIRED BY OUR LOAN AGREEMENT WITHIN FIVE DAYS AFTER THE POSTMARK ON THIS LETTER, WE WILL PURCHASE INSURANCE AT YOUR EXPENSE TO PROTECT OUR INTEREST. THIS INSURANCE MAY, BUT NEED NOT, ALSO PROTECT YOUR INTEREST. IF THE COLLATERAL BECOMES DAMAGED, THE COVERAGE WE PURCHASE MAY NOT PAY ANY CLAIM YOU MAKE OR ANY CLAIM MADE AGAINST YOU. YOU MAY LATER CANCEL THIS COVERAGE BY PROVIDING EVIDENCE THAT YOU HAVE OBTAINED PROPER COVERAGE ELSEWHERE OR HAVE PAID OFF THE LOAN ON THE COLLATERAL IN ITS ENTIRETY.
YOU ARE RESPONSIBLE FOR THE COST OF THE INSURANCE PURCHASED BY US. THE COST OF THIS INSURANCE MAY BE ADDED TO YOUR LOAN BALANCE. IF THE COST IS ADDED TO THE LOAN BALANCE, THE INTEREST RATE ON THE UNDERLYING LOAN WILL APPLY TO THIS ADDED AMOUNT. THE EFFECTIVE DATE OF COVERAGE MAY BE THE DATE YOUR COVERAGE LAPSED OR THE DATE YOU FAILED TO PROVIDE PROOF OF COVERAGE.
THE COVERAGE WE PURCHASE WILL COST YOU A TOTAL OF APPROXIMATELY $ ______ (PLUS INTEREST) AND MAY BE CONSIDERABLY MORE EXPENSIVE THAN INSURANCE YOU CAN OBTAIN ON YOUR OWN.
The final notice and warning shall identify whether the coverage to be purchased is vendor single interest or collateral protection coverage and disclose the extent of the borrower's coverage, if any, including a statement of whether the coverage satisfies Washington's mandatory liability insurance laws.
(2) If reasonable efforts to provide the borrower with the notice required under subsection (1) of this section fail to produce evidence of the required insurance, the secured party may proceed to impose charges for vendor single interest or collateral protection coverage no sooner than eight days after giving notice as required under this chapter. Reasonable efforts to provide notice under this section means:
(a) Within thirty days before the secured party is required to send the final notice and warning in compliance with subsection (1) of this section, the secured party shall mail a notice by first class mail to the borrower's last known address as contained in the secured party's records. The notice shall state that the secured party intends to charge the borrower for vendor single interest or collateral protection coverage on the collateral if the borrower fails to provide evidence of proper insurance to the lender; and
(b) The secured party shall send the final notice and warning notice in compliance with subsection (1) of this section by certified mail to the borrower's last known address as contained in the secured party's records at least eight days before the insurance is charged to the borrower by the insurer.
(3) The secured party is responsible for complying with subsection (2)(a) and (b) of this section. However, a secured party may seek the services of other entities to fulfill the requirements of subsection (2)(a) and (b) of this section.
(4) Nothing contained in this chapter, or a secured party's compliance with or failure to comply with this chapter, shall be construed to require the secured party to purchase vendor single interest or collateral protection coverage, and the secured party shall not be liable to the borrower or any third party as a result of its failure to purchase vendor single interest or collateral protection coverage.
(5) Substantial compliance by a secured party with sections 1 through 5 of this act constitutes a complete defense to any claim arising under the laws of this state challenging the secured party's placement of vendor single interest or collateral protection coverage.
(6) The effective date of vendor single interest or collateral protection coverage placed under this chapter shall be either the date that the borrower's prior coverage lapsed or the date that the borrower failed to provide proof of coverage on the vehicle or vessel as required under the contract or loan agreement. Premiums for vendor single interest or collateral protection coverage placed under this chapter shall be calculated on a basis that does not exceed the outstanding credit balance as of the effective date of the coverage even though the coverage may limit liability to the outstanding balance, actual cash value, or cost of repair.
(7) If the secured party has purchased the contract or loan agreement relating to the motor vehicle or vessel from the seller of the motor vehicle or vessel under an agreement that the seller must repurchase the contract or loan agreement in the event of a default by the borrower, the secured party shall send a copy of the notice provided under subsection (2)(a) of this section by first class mail to the seller at the seller's last known address on file with the secured party when such notice is sent to the borrower under subsection (2)(a) of this section.
NEW SECTION. Sec. 4. (1) The secured party shall cancel vendor single interest or collateral protection coverage charged to the borrower effective the date of receipt of proper evidence from the borrower that the borrower has obtained insurance to protect the secured party's interest. Proper evidence includes an insurance binder that is no older than ninety days from the date of issuance and that contains physical damage coverage as provided in the borrower's loan agreement with respect to the motor vehicle or vessel.
(2) If the underlying loan or extension of credit for the underlying loan is satisfied, the secured party may not require the borrower to maintain vendor single interest or collateral protection coverage that has been purchased.
(3) The interest rate for financing the cost of vendor single interest or collateral protection coverage may not exceed the interest rate applied to the underlying loan obligation.
NEW SECTION. Sec. 5. If vendor single interest or collateral protection coverage is canceled or discontinued under section 4 (1) or (2) of this act, the amount of unearned premium must be refunded to the borrower. At the option of the secured party, this refund may take the form of a credit against the borrower's obligation to the secured party. If the refund is taken as a credit against the borrower's obligation to the secured party, the secured party shall provide the borrower with an itemized statement that indicates the amount of the credit and where the credit has been applied.
NEW SECTION. Sec. 6. Sections 1 through 5 and 7 of this act are added to chapter 48.22 RCW.
NEW SECTION. Sec. 7. The failure of a secured party prior to January 1, 1995, to provide notice as contemplated in this chapter, or otherwise to administer a vendor single interest or collateral protection coverage program in a manner similar to that required under this chapter, shall not be admissible in any court or arbitration proceeding or otherwise used to prove that a secured party's actions with respect to vendor single interest or collateral protection coverage or similar coverage were unlawful or otherwise improper. A secured party shall not be liable to the borrower or any other party for placing vendor single interest or collateral protection coverage in accordance with the terms of an otherwise legal loan or other written agreement with the borrower entered prior to January 1, 1995. The provisions of this section shall be applicable with respect to actions pending or commenced on or after the effective date of this section.
NEW SECTION. Sec. 8. Sections 1 through 5 of this act take effect January 1, 1995."
Signed by Representatives Zellinsky, Chair; Scott, Vice Chair; Mielke, Ranking Minority Member; Dyer, Assistant Ranking Minority Member; Anderson; Dellwo; Grant; R. Johnson; Kessler; Kremen; Lemmon; Schmidt; Tate and L. Thomas.
Excused: Representatives Dorn and R. Meyers.
Passed to Committee on Rules for second reading.
February 25, 1994
2SSB 5800 Prime Sponsor, Committee on Law & Justice: Increasing the penalty for violating human remains. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass. Signed by Representatives Appelwick, Chair; Johanson, Vice Chair; Padden, Ranking Minority Member; Ballasiotes, Assistant Ranking Minority Member; Campbell; Chappell; Eide; Forner; J. Kohl; Long; Morris; H. Myers; Riley; Schmidt; Scott; Tate and Wineberry.
Passed to Committee on Rules for second reading.
February 23, 1994
3SSB 5918 Prime Sponsor, Committee on Ways & Means: Allowing ride-sharing incentives to include cars. Reported by Committee on Transportation
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. Transportation demand strategies that reduce the number of vehicles on Washington state's highways, roads, and streets, and provide attractive and effective alternatives to single-occupancy travel can improve ambient air quality, conserve fossil fuels, and forestall the need for capital improvements to the state's transportation system. The legislature has required many public and private employers in the state's largest counties to implement transportation demand management programs to reduce the number of single-occupant vehicle travelers during the morning and evening rush hours. The legislature finds that additional transportation demand management strategies are necessary to mitigate the adverse social, environmental, and economic effects of automobile dependency and traffic congestion. While expensive capital improvements, including dedicated busways and commuter rail systems, may be necessary to improve the region's mobility, they are only part of the solution. All public and private entities that attract single-occupant vehicle drivers must develop imaginative and cost-effective ways to encourage walking, bicycling, carpooling, vanpooling, bus riding, and telecommuting. It is the intent of the legislature to revise those portions of state law that inhibit the application of imaginative solutions to the state's transportation mobility problems and to encourage many more public and private employers to adopt effective transportation demand management strategies.
NEW SECTION. Sec. 2. A new section is added to chapter 82.04 RCW to read as follows:
(1) Major employers in the state's eight largest counties affected by the commute trip reduction programs required under RCW 70.94.521 through 70.94.551 who are taxable under this chapter and provide financial incentives to their employees for ride sharing before June 30, 1996, shall be allowed a credit for amounts paid to employees for ride sharing in vehicles carrying four or more persons, not to exceed sixty dollars per employee per year. The credit shall be equal to the amount paid to each employee multiplied by fifty percent, but may not exceed sixty dollars per employee per year. The credit may not exceed the amount of tax that would otherwise be due under this chapter.
(2) Application for tax credit under this chapter may only be made by major employers as defined by RCW 70.94.524 and in the form and manner prescribed in rules adopted by the department and in consultation with the commute trip reduction task force.
(3) The credit shall be taken against taxes due for the same calendar year in which the amounts for which credit is claimed were paid to employees for ride sharing.
(4) The director shall on the 25th of February, May, August, and November of each year advise the state treasurer of the amount of credit taken during the preceding calendar quarter ending on the last day of December, March, June, and September, respectively.
(5) On the first of April, July, October, and January of each year, the state treasurer based upon information provided by the department shall deposit a sum equal to the dollar amount of the credit provided under subsection (1) of this section from the air pollution control account to the general fund.
(6) The commute trip reduction task force shall determine the effectiveness of this tax credit as part of its ongoing evaluation of the commute trip reduction law and report no later than December 1, 1996, to the legislative transportation committee.
(7) Any person who knowingly makes a false statement of a material fact in the application for a credit under subsection (1) of this section is guilty of a gross misdemeanor.
NEW SECTION. Sec. 3. A new section is added to chapter 82.04 RCW to read as follows:
(1) The department shall keep a running total of all credits granted under this chapter during each calendar year, and shall disallow any credits that would cause the tabulation for any calendar year to exceed two million dollars.
(2) No employer shall be eligible for tax credits in excess of two hundred thousand dollars in any calendar year.
(3) No employer shall be eligible for tax credits in excess of the amount of tax that would otherwise be due under this chapter.
(4) No portion of an application for credit disallowed under this section may be carried back or carried forward.
NEW SECTION. Sec. 4. A new section is added to chapter 82.16 RCW to read as follows:
(1) Major employers in the state's eight largest counties affected by the commute trip reduction programs required under RCW 70.94.521 through 70.94.551 who are taxable under this chapter and provide financial incentives to their employees for ride sharing before June 30, 1996, shall be allowed a credit for amounts paid to employees for ride sharing in vehicles carrying four or more persons, not to exceed sixty dollars per employee per year. The credit shall be equal to the amount paid to each employee multiplied by fifty percent, but may not exceed sixty dollars per employee per year. The credit may not exceed the amount of tax that would otherwise be due under this chapter.
(2) Application for tax credit under this chapter may only be made by major employers as defined by RCW 70.94.524 and in the form and manner prescribed in rules adopted by the department and in consultation with the commute trip reduction task force.
(3) The credit shall be taken against taxes due for the same calendar year in which the amounts for which credit is claimed were paid to employees for ride sharing.
(4) The director shall on the 25th of February, May, August, and November of each year advise the state treasurer of the amount of credit taken during the preceding calendar quarter ending on the last day of December, March, June, and September, respectively.
(5) On the first of April, July, October, and January of each year, the state treasurer based upon information provided by the department shall deposit a sum equal to the dollar amount of the credit provided under subsection (1) of this section from the air pollution control account to the general fund.
(6) The commute trip reduction task force shall determine the effectiveness of this tax credit as part of its ongoing evaluation of the commute trip reduction law and report no later than December 1, 1996, to the legislative transportation committee.
(7) Any person who knowingly makes a false statement of a material fact in the application for a credit under subsection (1) of this section is guilty of a gross misdemeanor.
NEW SECTION. Sec. 5. A new section is added to chapter 82.16 RCW to read as follows:
(1) The department shall keep a running total of all credits granted under this chapter during each calendar year, and shall disallow any credits that would cause the tabulation for any calendar year to exceed two million dollars.
(2) No employer shall be eligible for tax credits in excess of two hundred thousand dollars in any calendar year.
(3) No employer shall be eligible for tax credits in excess of the amount of tax that would otherwise be due under this chapter.
(4) No portion of an application for credit disallowed under this section may be carried back or carried forward.
NEW SECTION. Sec. 6. This act shall expire December 31, 1996."
Signed by Representatives R. Fisher, Chair; Brown, Vice Chair; Jones, Vice Chair; Schmidt, Ranking Minority Member; Mielke, Assistant Ranking Minority Member; Backlund; Brough; Brumsickle; Cothern; Eide; Finkbeiner; Forner; Fuhrman; Hansen; Heavey; Horn; Johanson; J. Kohl; Orr; Patterson; Quall; Romero; Shin; Wood and Zellinsky.
Excused: Representatives R. Meyers and Sheldon.
Passed to Committee on Rules for second reading.
February 25, 1994
ESB 5920 Prime Sponsor, Vognild: Changing limits for unemployment compensation deductions. Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 50.04.310 and 1984 c 134 § 1 are each amended to read as follows:
(1) An individual shall be deemed to be "unemployed" in any week during which the individual performs no services and with respect to which no remuneration is payable to the individual, or in any week of less than full time work, if the remuneration payable to the individual with respect to such week is less than:
(a) For weeks of unemployment up to and including the week ending January 6, 1996, one and one-half times the individual's weekly benefit amount plus fifteen dollars; or
(b) For weeks of unemployment beginning on or after January 7, 1996, one and one-third times the individual's weekly benefit amount plus five dollars.
The commissioner shall prescribe regulations applicable to unemployed individuals making such distinctions in the procedures as to such types of unemployment as the commissioner deems necessary.
(2) An individual shall be deemed not to be "unemployed" during any week which falls totally within a period during which the individual, pursuant to a collective bargaining agreement or individual employment contract, is employed full time in accordance with a definition of full time contained in the agreement or contract, and for which compensation for full time work is payable. This subsection may not be applied retroactively to an individual who had no guarantee of work at the start of such period and subsequently is provided additional work by the employer.
Sec. 2. RCW 50.20.130 and 1983 1st ex.s. c 23 s 12 are each amended to read as follows:
(1) If an eligible individual is available for work for less than a full week, ((he)) the individual shall be paid his or her weekly benefit amount reduced by one-seventh of such amount for each day that he or she is unavailable for work((: PROVIDED, That)). However, if ((he)) the individual is unavailable for work for three days or more of a week, he or she shall be considered unavailable for the entire week.
(2) Each eligible individual who is unemployed in any week shall be paid with respect to such week a benefit in an amount equal to ((his)):
(a) For weeks of unemployment up to and including the week ending January 6, 1996, the individual's weekly benefit amount less sixty-six and two-thirds percent of that part of the remuneration, if any, payable to him or her with respect to such week which is in excess of fifteen dollars; or
(b) For weeks of unemployment beginning on or after January 7, 1996, the individual's weekly benefit amount less seventy-five percent of that part of the remuneration ((()),if any(())), payable to him or her with respect to such week which is in excess of five dollars.
((Such)) The benefit payable under this subsection, if not a multiple of one dollar, shall be reduced to the next lower multiple of one dollar.
NEW SECTION. Sec.3. A new section is added to chapter 50.20 RCW to read as follows:
(1) An otherwise qualified claimant whose base year wages are based on full-time, long-term employment who accepts temporary or part-time employment and who subsequently voluntarily leaves temporary or part-time employment to actively seek suitable long-term employment shall not be disqualified from receiving benefits under this title based on that temporary or part-time employment job separation.
(2) For the purposes of this section:
(a) "Part-time employment" means work that is twenty hours or less per week.
(b) "Temporary employment" means work with an expected duration of three months or less.
NEW SECTION. Sec. 4. The employment security department shall report to the appropriate committees of the legislature on the impact of the amendments to sections 1 and 2 of this act by January 1, 1996. The report shall include the impact on the unemployment insurance trust fund and on unemployment insurance claimants.
NEW SECTION. Sec. 5. Sections 1 and 2 of this act shall take effect July 3, 1994, and shall apply to weeks of unemployment beginning on or after July 3, 1994.
NEW SECTION. Sec. 6. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state."
Signed by Representatives Heavey, Chair; G. Cole, Vice Chair; Conway; Horn; King; Springer and Veloria.
MINORITY recommendation: Do not pass. Signed by Representatives Lisk, Ranking Minority Member; and Chandler, Assistant Ranking Minority Member.
Passed to Committee on Rules for second reading.
February 25, 1994
SSB 6000 Prime Sponsor, Senator Fraser: Authorizing the state parks and recreation commission to secure abandoned vessels. Reported by Committee on Natural Resources & Parks
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Charges" means charges of the commission for moorage and storage, and all other charges related to the vessel and owing to or that become owing to the commission, including but not limited to costs of securing, disposing, or removing vessels, damages to any commission facility, and any costs of sale and related legal expenses for implementing sections 2 and 3 of this act.
(2) "Commission" means the Washington state parks and recreation commission.
(3) "Commission facility" means any property or facility owned, leased, operated, managed, or otherwise controlled by the commission or by a person pursuant to a contract with the commission.
(4) "Owner" means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest, and shall not include the holder of a bona fide security interest.
(5) "Person" means any natural person, firm, partnership, corporation, association, organization, or any other entity.
(6)(a) "Registered owner" means any person that is either: (i) Shown as the owner in a vessel certificate of documentation issued by the secretary of the United States department of transportation under 46 U.S.C. Sec. 12103; or (ii) the registered owner or legal owner of a vessel for which a certificate of title has been issued under chapter 88.02 RCW; or (iii) the owner of a vessel registered under the vessel registration laws of another state under which laws the commission can readily identify the ownership of vessels registered with that state. (b) "Registered owner" also includes: (i) Any holder of a security interest or lien recorded with the United States department of transportation with respect to a vessel on which a certificate of documentation has been issued; (ii) any holder of a security interest identified in a certificate of title for a vessel registered under chapter 88.02 RCW; or (iii) any holder of a security interest in a vessel where the holder is identified in vessel registration information of a state with vessel registration laws that fall within (a)(iii) of this subsection and under which laws the commission can readily determine the identity of the holder.
(c) "Registered owner" does not include any vessel owner or holder of a lien or security interest in a vessel if the vessel does not have visible information affixed to it (such as name and hailing port or registration numbers) that will enable the commission to obtain ownership information for the vessel without incurring unreasonable expense.
(7) "Registered vessel" means a vessel having a registered owner.
(8) "Secured vessel" means any vessel that has been secured by the commission that remains in the commission's possession and control.
(9) "Unauthorized vessel" means a vessel using a commission facility of any type whose owner has not paid the required moorage fees or has left the vessel beyond the posted time limits, or a vessel otherwise present without permission of the commission.
(10) "Vessel" means every watercraft or part thereof constructed, used, or capable of being used as a means of transportation on the water. It includes any equipment or personal property on the vessel that is used or capable of being used for the operation, navigation, or maintenance of the vessel.
NEW SECTION. Sec. 2. (1) The commission may take reasonable measures, including but not limited to the use of anchors, chains, ropes, and locks, or removal from the water, to secure unauthorized vessels located at or on a commission facility so that the unauthorized vessels are in the possession and control of the commission. At least ten days before securing any unauthorized registered vessel, the commission shall send notification by registered mail to the last registered owner or registered owners of the vessel at their last known address or addresses.
(2) The commission may take reasonable measures, including but not limited to the use of anchors, chains, ropes, locks, or removal from the water, to secure any vessel if the vessel, in the opinion of the commission, is a nuisance, is in danger of sinking or creating other damage to a commission facility, or is otherwise a threat to the health, safety, or welfare of the public or environment at a commission facility. The costs of any such procedure shall be paid by the vessel's owner.
(3) At the time of securing any vessel under subsection (1) or (2) of this section, the commission shall attach to the vessel a readily visible notice or, when practicable, shall post such notice in a conspicuous location at the commission facility in the event the vessel is removed from the premises. The notice shall be of a reasonable size and shall contain the following information:
(a) The date and time the notice was attached or posted;
(b) A statement that the vessel has been secured by the commission and that if the commission's charges, if any, are not paid and the vessel is not removed by . . . . . . (the thirty-fifth consecutive day following the date of attachment or posting of the notice), the vessel will be considered abandoned and will be sold at public auction to satisfy the charges;
(c) The address and telephone number where additional information may be obtained concerning the securing of the vessel and conditions for its release; and
(d) A description of the owner's or secured party's rights under this chapter.
(4) With respect to registered vessels: Within five days of the date that notice is attached or posted under subsection (3) of this section, the commission shall send such notice, by registered mail, to each registered owner.
(5) If a vessel is secured under subsection (1) or (2) of this section, the owner, or any person with a legal right to possess the vessel, may claim the vessel by:
(a) Making arrangements satisfactory to the commission for the immediate removal of the vessel from the commission's control or for authorized storage or moorage; and
(b) Making payment to the commission of all reasonable charges incurred by the commission in securing the vessel under subsections (1) and (2) of this section and of all moorage fees owed to the commission.
(6) A vessel is considered abandoned if, within the thirty-five day period following the date of attachment or posting of notice in subsection (3) of this section, the vessel has not been claimed under subsection (5) of this section.
NEW SECTION. Sec. 3. (1) The commission may provide for the public sale of vessels considered abandoned under section 2 of this act. At such sales, the vessels shall be sold for cash to the highest and best bidder.
(2) Before a vessel is sold, the commission shall make a reasonable effort to provide notice of sale, at least twenty days before the day of the sale, to each registered owner of a registered vessel and each owner of an unregistered vessel. The notice shall contain the time and place of the sale, a reasonable description of the vessel to be sold, and the amount of charges then owing with respect to the vessel, and a summary of the rights and procedures under this chapter. A notice of sale shall be published at least once, more than ten but not more than twenty days before the sale, in a newspaper of general circulation in the county in which the commission facility is located. This notice shall include: (a) If known, the name of the vessel and the last owner and the owner's address; and (b) a reasonable description of the vessel. The commission may bid all or part of its charges at the sale and may become a purchaser at the sale.
(3) Before a vessel is sold, any person seeking to redeem a secured vessel may commence a lawsuit in the superior court for the county in which the vessel was secured to contest the commission's decision to secure the vessel or the amount of charges owing. This lawsuit shall be commenced within fifteen days of the date the notification was posted under section 2(3) of this act, or the right to a hearing is deemed waived and the owner is liable for any charges owing the commission. In the event of litigation, the prevailing party is entitled to reasonable attorneys' fees and costs.
(4) The proceeds of a sale under this section shall be applied first to the payment of the amount of the reasonable charges incurred by the commission and moorage fees owed to the commission, then to the owner or to satisfy any liens of record or security interests of record on the vessel in the order of their priority. If an owner cannot in the exercise of due diligence be located by the commission within one year of the date of the sale, any excess funds from the sale, following the satisfaction of any bona fide security interest, shall revert to the department of revenue under chapter 63.29 RCW. If the sale is for a sum less than the applicable charges, the commission is entitled to assert a claim for the deficiency against the vessel owner. Nothing in this section prevents any lien holder or secured party from asserting a claim for any deficiency owed the lien holder or secured party.
(5) If no one purchases the vessel at a sale, the commission may proceed to properly dispose of the vessel in any way the commission considers appropriate, including, but not limited to, destruction of the vessel or by negotiated sale. The commission may assert a claim against the owner for any charges incurred thereby. If the vessel, or any part of the vessel, or any rights to the vessel, are sold under this subsection, any proceeds from the sale shall be distributed in the manner provided in subsection (4) of this section.
NEW SECTION. Sec. 4. If the full amount of all charges due the commission on an unauthorized vessel is not paid to the commission within thirty days after the date on which notice is affixed or posted under section 2(3) of this act, the commission may bring an action in any court of competent jurisdiction to recover the charges, plus reasonable attorneys' fees and costs incurred by the commission.
NEW SECTION. Sec. 5. The rights granted to the commission under sections 1 through 5 of this act are in addition to any other legal rights the commission may have to secure, hold, and sell a vessel and in no manner does this section alter those rights, or affect the priority of other liens on a vessel.
Sec. 6. RCW 63.21.080 and 1985 c 7 s 125 are each amended to read as follows:
This chapter shall not apply to:
(1) Motor vehicles under chapter 46.52 RCW;
(2) Unclaimed property in the hands of a bailee under chapter 63.24 RCW; ((and))
(3) Uniform disposition of unclaimed property under chapter 63.29 RCW; and
(4) Secured vessels under chapter 88.-- RCW (sections 1 through 5 of this act).
NEW SECTION. Sec. 7. RCW 88.12.370 and 1989 c 393 s 2 are each repealed.
NEW SECTION. Sec. 8. A new section is added to chapter 88.12 RCW to read as follows:
The provisions of RCW 88.12.185 through 88.12.225 do not apply to vessels secured pursuant to chapter 88.-- RCW (sections 1 through 5 of this act).
NEW SECTION. Sec. 9. Sections 1 through 5 of this act shall constitute a new chapter in Title 88 RCW.
NEW SECTION. Sec. 10. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."
On page 1, line 1 of the title, after "vessels;" strike the remainder of the title and insert "amending RCW 63.21.080; adding a new section to chapter 88.12 RCW; adding a new chapter to Title 88 RCW; and repealing RCW 88.12.370."
Signed by Representatives Pruitt, Chair; R. Johnson, Vice Chair; Stevens, Ranking Minority Member; McMorris, Assistant Ranking Minority Member; Dunshee; Linville; Schoesler; Sheldon; B. Thomas; Valle and Wolfe.
Passed to Committee on Rules for second reading.
February 25, 1994
SB 6003 Prime Sponsor, A. Smith: Protecting children from sexually explicit films, publications, and devices. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. As used in sections 1 through 4 of this act, the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Minor" means any person under the age of eighteen years.
(2) "Harmful to minors" means any matter or live performance:
(a) Which the average adult person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest of minors; and
(b) Which explicitly depicts or describes, by prevailing standards in the adult community with respect to what is suitable for minors, patently offensive representations or descriptions of:
(i) Ultimate sexual acts, normal or perverted, actual or simulated; or
(ii) Masturbation, fellatio, cunnilingus, bestiality, excretory functions, lewd exhibition of the genitals or genital area, sexually explicit conduct, sexual excitement, or sexually explicit nudity; or
(iii) Sexual acts that are violent or destructive, including but not limited to human or animal mutilation, dismemberment, rape, or torture; and
(c) Which, when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political, or scientific value for minors.
(3) "Sexually explicit conduct" means physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, perineum, or, if such person be a female, breast.
(4) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal; or the depiction of covered male genitals in a discernibly turgid state.
(5) "Sexually explicit nudity" means the showing of the human male or female genitals, pubic area, buttocks, or perineum with less than a full opaque covering; or the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple.
(6) "Matter" means a motion picture film, a publication, a sexual device, or any combination thereof.
(7) "Motion picture film" means any:
(a) Film or plate negative;
(b) Film or plate positive;
(c) Film designed to be projected on a screen for exhibition;
(d) Film, glass slides, or transparencies, either in negative or positive form, designed for exhibition by projection on a screen;
(e) Video tape; or
(f) Any other medium used to electronically transmit or reproduce images on a screen.
(8) "Publication" means any book, magazine, article, pamphlet, writing, printing, illustration, picture, sound recording, telephonic communication, or coin-operated machine.
(9) "Sexual device" means any artificial human penis, vagina, or anus, or other device primarily designed, promoted, or marketed to physically stimulate or manipulate the human genitals, pubic area, perineum, or anal area, including dildoes, penisators, vibrators, vibrillators, penis rings, and erection enlargement or prolonging creams, jellies, or other such chemicals or preparations.
(10) "Live performance" means any play, show, skit, dance, or other exhibition performed or presented to or before an audience of one or more, in person or by electronic transmission, or by telephonic communication, with or without consideration.
(11) "Person" means any individual, partnership, firm, association, corporation, or other legal entity.
(12) "Knowledge of its character" means that the person has knowledge that the matter or performance contains, depicts, or describes activity or conduct which may be found to be patently offensive under subsection (2)(b) of this section. Such knowledge may be proved by direct or circumstantial evidence, or both.
(13) "Knowledge" means knowledge as defined in RCW 9A.08.010(1)(b).
NEW SECTION. Sec. 2. No person shall with knowledge of its character:
(1) Display matter which is harmful to minors, as defined in section 1(2) of this act, in such a way that minors, as part of the invited general public, will be exposed to view such matter; however, a person shall be deemed not to have displayed matter harmful to minors if the matter is kept behind devices commonly known as blinder racks so that the lower two-thirds of the matter is not exposed to view;
(2) Sell, furnish, present, distribute, allow to view or hear, or otherwise disseminate to a minor, with or without consideration, any matter which is harmful to minors as defined in section 1(2) of this act; or
(3) Present to a minor or participate in presenting to a minor, with or without consideration, any live performance which is harmful to minors as defined in section 1(2) of this act.
NEW SECTION. Sec. 3. In any prosecution for violation of section 2 of this act, it shall be an affirmative defense that:
(1) The matter or performance involved was displayed or otherwise disseminated to a minor by the minor's parent or legal guardian, for bona fide purposes;
(2) The matter or performance involved was displayed or otherwise disseminated to a minor with the written permission of the minor's parent or legal guardian, for bona fide purposes; or
(3) The person made a reasonable bona fide attempt to ascertain the true age of the minor by requiring production of a driver's license, marriage license, birth certificate, or other governmental or educational identification card or paper and not relying solely on the oral allegations or apparent age of the minor.
NEW SECTION. Sec. 4. Any person who is convicted of violating any provision of section 2 of this act is guilty of a gross misdemeanor. Each day that any violation of section 2 of this act occurs or continues shall constitute a separate offense and shall be punishable as a separate violation. Every act, thing, or transaction prohibited by section 2 of this act shall constitute a separate offense as to each item, issue, or title involved and shall be punishable as such. For the purpose of this section, multiple copies of the same identical title, monthly issue, volume, and number issue, or other such identical material shall constitute a single offense.
NEW SECTION. Sec. 5. Nothing in this chapter applies to the circulation of any material by any recognized historical society or museum, any library of any college or university, or to any archive or library under the supervision and control of the state, county, municipality, or other political subdivision.
NEW SECTION. Sec. 6. The following acts or parts of acts are each repealed:
(1) RCW 9.68.050 and 1992 c 5 s 1 & 1969 ex.s. c 256 s 13;
(2) RCW 9.68.060 and 1992 c 5 s 2 & 1969 ex.s. c 256 s 14;
(3) RCW 9.68.070 and 1992 c 5 s 4 & 1969 ex.s. c 256 s 15;
(4) RCW 9.68.080 and 1969 ex.s. c 256 s 16;
(5) RCW 9.68.090 and 1992 c 5 s 3 & 1969 ex.s. c 256 s 17;
(6) RCW 9.68.100 and 1969 ex.s. c 256 s 18;
(7) RCW 9.68.110 and 1969 ex.s. c 256 s 19;
(8) RCW 9.68.120 and 1969 ex.s. c 256 s 20;
(9) RCW 9.68.130 and 1975 1st ex.s. c 156 s 1;
(10) RCW 9.68A.140 and 1987 c 396 s 1;
(11) RCW 9.68A.150 and 1987 c 396 s 2; and
(12) RCW 9.68A.160 and 1987 c 396 s 3.
NEW SECTION. Sec. 7. Sections 1 through 5 of this act are each added to chapter 9.68 RCW.
NEW SECTION. Sec. 8. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."
Signed by Representatives Padden, Ranking Minority Member; Ballasiotes, Assistant Ranking Minority Member; Campbell; Chappell; Eide; Forner; Long; Morris; Scott and Tate.
MINORITY recommendation: Do not pass. Signed by Representatives Appelwick, Chair; H. Myers and Wineberry.
Excused: Representatives Johanson; Vice Chair, J. Kohl, Riley and Schmidt.
Passed to Committee on Rules for second reading.
February 24, 1994
SSB 6007 Prime Sponsor, Senator A. Smith: Revising provisions relating to crimes. Reported by Committee on Corrections
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
NEW SECTION. Sec. 1. The purpose of this act is to make certain technical corrections and correct oversights discovered only after unanticipated circumstances have arisen. These changes are necessary to give full expression to the original intent of the legislature.
PART I - SENTENCING FOR ATTEMPTED MURDER
Sec. 101. RCW 9A.28.020 and 1981 c 203 s 3 are each amended to read as follows:
(1) A person is guilty of an attempt to commit crime if, with intent to commit a specific crime, he does any act which is a substantial step toward the commission of that crime.
(2) If the conduct in which a person engages otherwise constitutes an attempt to commit a crime, it is no defense to a prosecution of such attempt that the crime charged to have been attempted was, under the attendant circumstances, factually or legally impossible of commission.
(3) An attempt to commit a crime is a:
(a) Class A felony when the crime attempted is murder in the first degree, murder in the second degree, or arson in the first degree;
(b) Class B felony when the crime attempted is a class A felony other than murder in the first degree, murder in the second degree, or arson in the first degree;
(c) Class C felony when the crime attempted is a class B felony;
(d) Gross misdemeanor when the crime attempted is a class C felony;
(e) Misdemeanor when the crime attempted is a gross misdemeanor or misdemeanor.
PART II - WITNESS INTIMIDATION/TAMPERING
NEW SECTION. Sec. 201. The legislature finds that witness intimidation and witness tampering serve to thwart both the effective prosecution of criminal conduct in the state of Washington and resolution of child dependencies.
Further, the legislature finds that intimidating persons who have information pertaining to a future proceeding serves to prevent both the bringing of a charge and prosecution of such future proceeding. The legislature finds that the period before a crime or child abuse or neglect is reported is when a victim is most vulnerable to influence, both from the defendant or from people acting on behalf of the defendant and a time when the defendant is most able to threaten, bribe, and/or persuade potential witnesses to leave the jurisdiction or withhold information from law enforcement agencies.
The legislature moreover finds that a criminal defendant's admonishment or demand to a witness to "drop the charges" is intimidating to witnesses or other persons with information relevant to a criminal proceeding.
The legislature finds, therefore, that tampering with and/or intimidating witnesses or other persons with information relevant to a present or future criminal or child dependency proceeding are grave offenses which adversely impact the state's ability to promote public safety and prosecute criminal behavior.
Sec. 202. RCW 9A.72.090 and 1982 1st ex.s. c 47 s 16 are each amended to read as follows:
(1) A person is guilty of bribing a witness if he or she offers, confers, or agrees to confer any benefit upon a witness or a person he or she has reason to believe is about to be called as a witness in any official proceeding or upon a person whom he or she has reason to believe may have information relevant to a criminal investigation or the abuse or neglect of a minor child, with intent to:
(a) Influence the testimony of that person; or
(b) Induce that person to avoid legal process summoning him or her to testify; or
(c) Induce that person to absent himself or herself from an official proceeding to which he or she has been legally summoned; or
(d) Induce that person to refrain from reporting information relevant to a criminal investigation or the abuse or neglect of a minor child.
(2) Bribing a witness is a class B felony.
Sec. 203. RCW 9A.72.100 and 1982 1st ex.s. c 47 s 17 are each amended to read as follows:
(1) A witness or a person who has reason to believe he or she is about to be called as a witness in any official proceeding or that he or she may have information relevant to a criminal investigation or the abuse or neglect of a minor child is guilty of bribe receiving by a witness if he or she requests, accepts, or agrees to accept any benefit pursuant to an agreement or understanding that:
(a) ((His)) The person's testimony will thereby be influenced; or
(b) ((He)) The person will attempt to avoid legal process summoning him or her to testify; or
(c) ((He)) The person will attempt to absent himself or herself from an official proceeding to which he or she has been legally summoned; or
(d) The person will not report information he or she has relevant to a criminal investigation or the abuse or neglect of a minor child.
(2) Bribe receiving by a witness is a class B felony.
Sec. 204. RCW 9A.72.110 and 1985 c 327 s 2 are each amended to read as follows:
(1) A person is guilty of intimidating a witness if a person directs a threat to a former witness because of the witness' testimony in any official proceeding, or if, by use of a threat directed to a current witness or a person he or she has reason to believe is about to be called as a witness in any official proceeding or to a person whom he or she has reason to believe may have information relevant to a criminal investigation or the abuse or neglect of a minor child, he or she attempts to:
(a) Influence the testimony of that person; or
(b) Induce that person to elude legal process summoning him or her to testify; or
(c) Induce that person to absent himself or herself from such proceedings; or
(d) Induce that person not to report the information relevant to a criminal investigation or the abuse or neglect of a minor child, not to prosecute the crime or the abuse or neglect of a minor child, not to have the crime or the abuse or neglect of a minor child prosecuted, or not to give truthful or complete information relevant to a criminal investigation or the abuse or neglect of a minor child.
(2) "Threat" as used in this section means:
(a) To communicate, directly or indirectly, the intent immediately to use force against any person who is present at the time; or
(b) Threats as defined in RCW 9A.04.110(25).
(3) Intimidating a witness is a class B felony.
Sec. 205. RCW 9A.72.120 and 1982 1st ex.s. c 47 s 19 are each amended to read as follows:
(1) A person is guilty of tampering with a witness if he or she attempts to induce a witness or person he or she has reason to believe is about to be called as a witness in any official proceeding or a person whom he or she has reason to believe may have information relevant to a criminal investigation or the abuse or neglect of a minor child to:
(a) Testify falsely or, without right or privilege to do so, to withhold any testimony; or
(b) Absent himself or herself from such proceedings; or
(c) Withhold from a law enforcement agency information which he or she has relevant to a criminal investigation or the abuse or neglect of a minor child to the agency.
(2) Tampering with a witness is a class C felony.
NEW SECTION. Sec. 301. The legislature hereby reaffirms its desire to protect the children of Washington from sexual abuse and further reaffirms its condemnation of child sexual abuse that takes the form of causing one child to engage in sexual contact with another child for the sexual gratification of the one causing such activities to take place.
Sec. 302. RCW 9A.44.010 and 1993 c 477 s 1 are each amended to read as follows:
As used in this chapter:
(1) "Sexual intercourse" (a) has its ordinary meaning and occurs upon any penetration, however slight, and
(b) Also means any penetration of the vagina or anus however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes, and
(c) Also means any act of sexual contact between persons involving the sex organs of one person and the mouth or anus of another whether such persons are of the same or opposite sex.
(2) "Sexual contact" means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party or a third party.
(3) "Married" means one who is legally married to another, but does not include a person who is living separate and apart from his or her spouse and who has filed in an appropriate court for legal separation or for dissolution of his or her marriage.
(4) "Mental incapacity" is that condition existing at the time of the offense which prevents a person from understanding the nature or consequences of the act of sexual intercourse whether that condition is produced by illness, defect, the influence of a substance or from some other cause.
(5) "Physically helpless" means a person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act.
(6) "Forcible compulsion" means physical force which overcomes resistance, or a threat, express or implied, that places a person in fear of death or physical injury to herself or himself or another person, or in fear that she or he or another person will be kidnapped.
(7) "Consent" means that at the time of the act of sexual intercourse or sexual contact there are actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact.
(8) "Significant relationship" means a situation in which the perpetrator is:
(a) A person who undertakes the responsibility, professionally or voluntarily, to provide education, health, welfare, or organized recreational activities principally for minors; or
(b) A person who in the course of his or her employment supervises minors.
(9) "Abuse of a supervisory position" means a direct or indirect threat or promise to use authority to the detriment or benefit of a minor.
(10) "Developmentally disabled," for purposes of RCW 9A.44.050(1)(c) and 9A.44.100(1)(c), means a person with a developmental disability as defined in RCW 71A.10.020.
(11) "Person with supervisory authority," for purposes of RCW 9A.44.050(1) (c) or (e) and 9A.44.100(1) (c) or (e), means any proprietor or employee of any public or private care or treatment facility who directly supervises developmentally disabled, mentally disordered, or chemically dependent persons at the facility.
(12) "Mentally disordered person" for the purposes of RCW 9A.44.050(1)(e) and 9A.44.100(1)(e) means a person with a "mental disorder" as defined in RCW 71.05.020(2).
(13) "Chemically dependent person" for purposes of RCW 9A.44.050(1)(e) and 9A.44.100(1)(e) means a person who is "chemically dependent" as defined in RCW 70.96A.020(4).
(14) "Health care provider" for purposes of RCW 9A.44.050 and 9A.44.100 means a person who is, holds himself or herself out to be, or provides services as if he or she were: (a) A member of a health care profession under chapter 18.130 RCW; or (b) registered or certified under chapter 18.19 RCW, regardless of whether the health care provider is licensed, certified, or registered by the state.
(15) "Treatment" for purposes of RCW 9A.44.050 and 9A.44.100 means the active delivery of professional services by a health care provider which the health care provider holds himself or herself out to be qualified to provide.
Sec. 303. RCW 9A.44.083 and 1990 c 3 s 902 are each amended to read as follows:
(1) A person is guilty of child molestation in the first degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is less than twelve years old and not married to the perpetrator and the perpetrator is at least thirty-six months older than the victim.
(2) Child molestation in the first degree is a class A felony.
Sec. 304. RCW 9A.44.086 and 1988 c 145 s 6 are each amended to read as follows:
(1) A person is guilty of child molestation in the second degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is at least twelve years old but less than fourteen years old and not married to the perpetrator and the perpetrator is at least thirty-six months older than the victim.
(2) Child molestation in the second degree is a class B felony.
Sec. 305. RCW 9A.44.089 and 1988 c 145 s 7 are each amended to read as follows:
(1) A person is guilty of child molestation in the third degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is at least fourteen years old but less than sixteen years old and not married to the perpetrator and the perpetrator is at least forty-eight months older than the victim.
(2) Child molestation in the third degree is a class C felony.
Sec. 306. RCW 9A.44.093 and 1988 c 145 s 8 are each amended to read as follows:
(1) A person is guilty of sexual misconduct with a minor in the first degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with another person who is at least sixteen years old but less than eighteen years old and not married to the perpetrator, if the perpetrator is at least sixty months older than the victim, is in a significant relationship to the victim, and abuses a supervisory position within that relationship in order to engage in or cause another person under the age of eighteen to engage in sexual intercourse with the victim.
(2) Sexual misconduct with a minor in the first degree is a class C felony.
Sec. 307. RCW 9A.44.096 and 1988 c 145 s 9 are each amended to read as follows:
(1) A person is guilty of sexual misconduct with a minor in the second degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another person who is at least sixteen years old but less than eighteen years old and not married to the perpetrator, if the perpetrator is at least sixty months older than the victim, is in a significant relationship to the victim, and abuses a supervisory position within that relationship in order to engage in or cause another person under the age of eighteen to engage in sexual contact with the victim.
(2) Sexual misconduct with a minor in the second degree is a gross misdemeanor.
NEW SECTION. Sec. 401. The legislature finds that DNA identification analysis is an accurate and useful law enforcement tool for identifying and prosecuting sexual and violent offenders. The legislature further finds no compelling reason to exclude juvenile sexual and juvenile violent offenders from DNA identification analysis.
Sec. 402. RCW 43.43.754 and 1990 c 230 s 3 are each amended to read as follows:
((After July 1, 1990,)) Every adult or juvenile individual convicted ((in a Washington superior court)) of a felony or adjudicated guilty of an equivalent juvenile offense defined as a sex offense under RCW 9.94A.030(((29)(a))) (31)(a) or a violent offense as defined in RCW 9.94A.030(((32))) shall have a blood sample drawn for purposes of DNA identification analysis. For persons convicted of such offenses ((after July 1, 1990,)) or adjudicated guilty of an equivalent juvenile offense who are serving a term of confinement in a county jail or detention facility, the county shall be responsible for obtaining blood samples prior to release from the county jail or detention facility. For persons convicted of such offenses ((after July 1, 1990)) or adjudicated guilty of an equivalent juvenile offense, who are serving a term of confinement in a department of corrections facility or a division of juvenile rehabilitation facility, the ((department)) facility holding the person shall be responsible for obtaining blood samples prior to release from such facility. Any blood sample taken pursuant to RCW 43.43.752 through 43.43.758 shall be used solely for the purpose of providing DNA or other blood grouping tests for identification analysis and prosecution of a sex offense or a violent offense.
This section applies to all adults who are convicted after July 1, 1990. This section applies to all juveniles who are adjudicated guilty after July 1, 1994.
PART V - TOXICOLOGIST AS WITNESS
Sec. 501. RCW 43.43.680 and 1992 c 129 s 1 are each amended to read as follows:
(1) In all prosecutions involving the analysis of a controlled substance or a sample of a controlled substance by the crime laboratory system of the state patrol, a certified copy of the analytical report signed by the supervisor of the state patrol's crime laboratory or the forensic scientist conducting the analysis is prima facie evidence of the results of the analytical findings.
(2) The defendant or a prosecutor may subpoena the forensic scientist who conducted the analysis of the substance to testify at the preliminary hearing and trial of the issue at no cost to the defendant, if the subpoena is issued at least ten days prior to the trial date.
(3) In all prosecutions involving the analysis of a certified simulator solution by the Washington state toxicology laboratory of the University of Washington, a certified copy of the analytical report signed by the state toxicologist or the toxicologist conducting the analysis is prima facie evidence of the results of the analytical findings, and of certification of the simulator solution used in the BAC verifier datamaster or any other alcohol/breath-testing equipment subsequently adopted by rule.
(4) The defendant of a prosecution may subpoena the toxicologist who conducted the analysis of the simulator solution to testify at the preliminary hearing and trial of the issue at no cost to the defendant, if thirty days prior to issuing the subpoena the defendant gives the state toxicologist notice of the defendant's intention to require the toxicologist's appearance.
Sec. 601. RCW 9.94A.140 and 1989 c 252 s 5 are each amended to read as follows:
(1) If restitution is ordered, the court shall determine the amount of restitution due at the sentencing hearing or within sixty days. The court shall then set a minimum monthly payment that the offender is required to make towards the restitution that is ordered. The court should take into consideration the total amount of the restitution owed, the offender's present, past, and future ability to pay, as well as any assets that the offender may have. During the period of supervision, the community corrections officer may examine the offender to determine if there has been a change in circumstances that warrants an amendment of the monthly payment schedule. The community corrections officer may recommend a change to the schedule of payment and shall inform the court of the recommended change and the reasons for the change. The sentencing court may then reset the monthly minimum payments based on the report from the community corrections officer of the change in circumstances. Restitution ordered by a court pursuant to a criminal conviction shall be based on easily ascertainable damages for injury to or loss of property, actual expenses incurred for treatment for injury to persons, and lost wages resulting from injury. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses, but may include the costs of counseling reasonably related to the offense. The amount of restitution shall not exceed double the amount of the offender's gain or the victim's loss from the commission of the crime. For the purposes of this section, the offender shall remain under the court's jurisdiction for a maximum term of ten years ((subsequent to the imposition of sentence)) following the offender's release from total confinement or ten years subsequent to the entry of the judgment and sentence, whichever period is longer. The portion of the sentence concerning restitution may be modified as to amount, terms and conditions during the ten-year period, regardless of the expiration of the offender's term of community supervision and regardless of the statutory maximum for the crime. The offender's compliance with the restitution shall be supervised by the department.
(2) Restitution may be ordered whenever the offender is convicted of an offense which results in injury to any person or damage to or loss of property. In addition, restitution may be ordered to pay for an injury, loss, or damage if the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement.
(3) In addition to any sentence that may be imposed, a defendant who has been found guilty of an offense involving fraud or other deceptive practice or an organization which has been found guilty of any such offense may be ordered by the sentencing court to give notice of the conviction to the class of persons or to the sector of the public affected by the conviction or financially interested in the subject matter of the offense by mail, by advertising in designated areas or through designated media, or by other appropriate means.
(4) This section does not limit civil remedies or defenses available to the victim or defendant.
Sec. 602. RCW 9.94A.142 and 1989 c 252 s 6 are each amended to read as follows:
(1) When restitution is ordered, the court shall determine the amount of restitution due at the sentencing hearing or within sixty days. The court shall then set a minimum monthly payment that the offender is required to make towards the restitution that is ordered. The court should take into consideration the total amount of the restitution owed, the offender's present, past, and future ability to pay, as well as any assets that the offender may have. During the period of supervision, the community corrections officer may examine the offender to determine if there has been a change in circumstances that warrants an amendment of the monthly payment schedule. The community corrections officer may recommend a change to the schedule of payment and shall inform the court of the recommended change and the reasons for the change. The sentencing court may then reset the monthly minimum payments based on the report from the community corrections officer of the change in circumstances. Restitution ordered by a court pursuant to a criminal conviction shall be based on easily ascertainable damages for injury to or loss of property, actual expenses incurred for treatment for injury to persons, and lost wages resulting from injury. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses, but may include the costs of counseling reasonably related to the offense. The amount of restitution shall not exceed double the amount of the offender's gain or the victim's loss from the commission of the crime. For the purposes of this section, the offender shall remain under the court's jurisdiction for a maximum term of ten years ((subsequent to the imposition of sentence)) following the offender's release from total confinement or ten years subsequent to the entry of the judgment and sentence, whichever period is longer. The portion of the sentence concerning restitution may be modified as to amount, terms and conditions during the ten-year period, regardless of the expiration of the offender's term of community supervision and regardless of the statutory maximum for the crime. The offender's compliance with the restitution shall be supervised by the department.
(2) Restitution shall be ordered whenever the offender is convicted of an offense which results in injury to any person or damage to or loss of property unless extraordinary circumstances exist which make restitution inappropriate in the court's judgment and the court sets forth such circumstances in the record. In addition, restitution shall be ordered to pay for an injury, loss, or damage if the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement.
(3) In addition to any sentence that may be imposed, a defendant who has been found guilty of an offense involving fraud or other deceptive practice or an organization which has been found guilty of any such offense may be ordered by the sentencing court to give notice of the conviction to the class of persons or to the sector of the public affected by the conviction or financially interested in the subject matter of the offense by mail, by advertising in designated areas or through designated media, or by other appropriate means.
(4) This section does not limit civil remedies or defenses available to the victim, survivors of the victim, or defendant.
(5) This section shall apply to offenses committed after July 1, 1985.
NEW SECTION. Sec. 701. RCW 10.19.130 and 1975 1st ex.s. c 2 s 1 are each repealed.
NEW SECTION. Sec. 801. Part headings and the table of contents as used in this act do not constitute any part of the law."
Signed by Representatives Morris, Chair; Mastin, Vice Chair; Long, Ranking Minority Member; G. Cole; L. Johnson; Moak; Ogden and Padden.
Excused: Representative Edmondson; Assistant Ranking Minority Member; and Riley.
Referred to Committee on Appropriations.
February 24, 1994
2ESSB 6009 Prime Sponsor, Committee on Ecology & Parks: Modifying waste tire recycling provisions. Reported by Committee on Environmental Affairs
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 70.95.020 and 1985 c 345 s 2 are each amended to read as follows:
The purpose of this chapter is to establish a comprehensive state-wide program for solid waste handling, and solid waste recovery and/or recycling which will prevent land, air, and water pollution and conserve the natural, economic, and energy resources of this state. To this end it is the purpose of this chapter:
(1) To assign primary responsibility for adequate solid waste handling to local government, reserving to the state, however, those functions necessary to assure effective programs throughout the state;
(2) To provide for adequate planning for solid waste handling by local government;
(3) To provide for the adoption and enforcement of basic minimum performance standards for solid waste handling;
(4) To provide technical and financial assistance to local governments in the planning, development, and conduct of solid waste handling programs;
(5) To encourage ((storage,)) proper disposal((,)) and recycling of discarded vehicle tires and to stimulate private recycling programs throughout the state.
It is the intent of the legislature that local governments be encouraged to use the expertise of private industry and to contract with private industry to the fullest extent possible to carry out solid waste recovery and/or recycling programs.
Sec. 2. RCW 70.95.260 and 1989 c 431 s 9 are each amended to read as follows:
The department shall in addition to its other powers and duties:
(1) Cooperate with the appropriate federal, state, interstate and local units of government and with appropriate private organizations in carrying out the provisions of this chapter.
(2) Coordinate the development of a solid waste management plan for all areas of the state in cooperation with local government, the department of community, trade, and economic development, and other appropriate state and regional agencies. The plan shall relate to solid waste management for twenty years in the future and shall be reviewed biennially, revised as necessary, and extended so that perpetually the plan shall look to the future for twenty years as a guide in carrying out a state coordinated solid waste management program. The plan shall be developed into a single integrated document and shall be adopted no later than October 1990. The plan shall be revised regularly after its initial completion so that local governments revising local comprehensive solid waste management plans can take advantage of the data and analysis in the state plan.
(3) Provide technical assistance to any person as well as to cities, counties, and industries.
(4) Initiate, conduct, and support research, demonstration projects, and investigations, and coordinate research programs pertaining to solid waste management systems.
(5) Develop state-wide programs to increase public awareness of and participation in tire recycling, and to stimulate and encourage local private ((tire recycling centers)) and public participation in tire recycling.
(6) May, under the provisions of the Administrative Procedure Act, chapter 34.05 RCW, as now or hereafter amended, from time to time promulgate such rules and regulations as are necessary to carry out the purposes of this chapter.
Sec. 3. RCW 70.95.500 and 1985 c 345 s 4 are each amended to read as follows:
(1) No person may drop, deposit, discard, or otherwise dispose of vehicle tires on any public property or private property in this state or in the waters of this state whether from a vehicle or otherwise, including, but not limited to, any public highway, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley unless:
(a) The property is designated by the state, or by any of its agencies or political subdivisions, for the disposal of discarded vehicle tires; and
(b) The person is authorized to use the property for such purpose.
(2) A violation of this section is punishable as a gross misdemeanor or by a civil penalty((, which shall)) or both. The civil penalty may not be less than two hundred dollars nor more than two thousand dollars for each offense.
(3) The responsibility for cleanup of tire piles is the landowner's and any person in violation of RCW 70.95.550 through 70.95.565, who arranged for transport or transported the tires to the pile.
(4) This section does not apply to ((the storage or deposit of)) vehicle tires in quantities deemed exempt under rules adopted by the department of ecology under its functional standards for solid waste.
Sec. 4. RCW 70.95.510 and 1989 c 431 s 92 are each amended to read as follows:
There is levied a one dollar per tire fee on the retail sale of new replacement vehicle tires for a period ((of five years,)) beginning ((October 1, 1989)) January 1, 1995, and ending December 1, 1996. The fee imposed in this section shall be paid by the buyer to the seller, and each seller shall collect from the buyer the full amount of the fee. The fee collected from the buyer by the seller less the ten percent amount retained by the seller as provided in RCW 70.95.535 shall be paid to the department of revenue in accordance with RCW 82.32.045. All other applicable provisions of chapter 82.32 RCW have full force and application with respect to the fee imposed under this section. The department of revenue shall administer this section.
For the purposes of this section, "new replacement vehicle tires" means tires that are newly manufactured for vehicle purposes and does not include retreaded vehicle tires.
Sec. 5. RCW 70.95.535 and 1989 c 431 s 93 are each amended to read as follows:
(1) Every person engaged in making retail sales of new replacement vehicle tires in this state shall retain ten percent of the collected one dollar fee. The moneys retained may be used for costs associated with the proper management of the waste vehicle tires by the retailer.
(2) The department of ecology will administer the funds for the purposes specified in RCW 70.95.020(5) including, but not limited to:
(a) Contracts and grants for cleanup of tire piles that pose a threat to public health or safety;
(b) Making grants to local governments for ((pilot)) demonstration projects for ((on-site shredding and recycling of)) a variety of applications that use tires from ((unauthorized dump sites)) this state;
(((b))) (c) Grants to local government for enforcement programs;
(((c))) (d) Implementation of a public information and education program to include posters, signs, and informational materials to be distributed to retail tire sales and tire service outlets;
(((d))) (e) Product marketing studies for recycled tires and alternatives to land disposal.
Sec. 6. RCW 70.95.550 and 1988 c 250 s 3 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 70.95.555 through 70.95.565.
(1) "Processor" means a person permitted and authorized by the county to alter a tire and make it unusable for its original purpose.
(2) "Recycling" has the same meaning as in RCW 70.95.030(16).
(3) "Pyrolysis" means any process in which waste tires are heated in an enclosed device in the absence of oxygen and produces a fuel capable of being burned for energy recovery.
(4) "Storage" or "storing" means the placing of ((more than eight hundred waste tires in a manner that does not constitute final disposal of the)) waste tires in a location, whether intended to be temporary or final disposal.
(((2))) (5) "Transportation" or "transporting" means picking up or transporting waste tires for the purpose of storage or final disposal but does not include tire wholesalers, retailers, or retread facilities picking up or delivering tires in the normal course of business.
(((3))) (6) "Waste tires" means tires that are no longer suitable for their original intended purpose because of wear, damage, or defect.
Sec. 7. RCW 70.95.555 and 1988 c 250 s 4 are each amended to read as follows:
Any person ((engaged in the business of)) transporting ((or storing)) waste tires shall ((be licensed by the department)) obtain a license annually from the department and shall obtain an identification sticker for each motorized vehicle. The sticker shall be located on the driver's door in a manner that is clearly visible. To obtain a license, each applicant must:
(1) Provide assurances that the applicant is in compliance with this chapter and the rules regarding waste tire storage and transportation; ((and))
(2) Submit annual tire management plans as defined in rule by the department; and
(3) Post a permit bond in the sum of ten thousand dollars in favor of the state of Washington. In lieu of the bond, the applicant may submit financial assurances acceptable to the department.
This section does not apply to persons transporting waste tires under the authority of the Washington utilities and transportation commission.
Sec. 8. RCW 70.95.560 and 1989 c 431 s 95 are each amended to read as follows:
Any person who transports or stores waste tires without a license in violation of RCW 70.95.555 shall be guilty of a gross misdemeanor ((and)) or a civil penalty, or both. Upon conviction of a gross misdemeanor, the person shall be punished under RCW 9A.20.021(2).
Sec. 9. RCW 70.95.565 and 1988 c 250 s 6 are each amended to read as follows:
No ((business)) person may enter into a contract for:
(1) Transportation of waste tires with an unlicensed waste tire transporter; or
(2) Waste tire storage with an unlicensed owner or operator of a waste tire storage site.
A person who utilizes unlicensed waste tire transporters or contracts with an unlicensed owner or operator of a waste tire storage site is in violation of this section. Such person shall receive a written warning on the first offense, and is punishable by a civil penalty of one thousand dollars for each subsequent offense. This penalty will not apply to persons who exercise due care to ensure that a transporter receiving waste tires is regulated by the Washington utilities and transportation commission or licensed by the department to do so. Persons contracting for transportation or storage of waste tires are required to keep documentation that the transporter's utilities and transportation permit, department license, or other identification of compliance was checked. Monetary penalties for violation of this section collected by the court shall be distributed to the local governmental entity enforcing the provisions of this section.
NEW SECTION. Sec. 10. A new section is added to chapter 70.95 RCW to read as follows:
The department shall follow these priorities, in descending order, when developing and implementing policies related to waste tires: (1) Waste reduction; (2) recycling; (3) energy recovery and pyrolysis; and (4) incineration and landfill disposal.
NEW SECTION. Sec. 11. A new section is added to chapter 70.95 RCW to read as follows:
Chapter . . ., Laws of 1994 (this act) shall apply prospectively and not retroactively.
NEW SECTION. Sec. 12. If required under section 13, chapter 2, Laws of 1994, section 4 of this act shall be submitted to the people for their adoption and ratification, or rejection, at the next succeeding general election to be held in this state, in accordance with Article II, section 1 of the state Constitution, as amended, and the laws adopted to facilitate the operation thereof."
Signed by Representatives Rust, Chair; Flemming, Vice Chair; Horn, Ranking Minority Member; Van Luven, Assistant Ranking Minority Member; Bray; Edmondson; Foreman; Hansen; L. Johnson; J. Kohl; Linville; Roland and Sheahan.
Excused: Representative Holm.
Referred to Committee on Revenue.
February 24, 1994
2ESSB 6013 Prime Sponsor, Committee on Government Operations: Changing provisions relating to fire protection services. Reported by Committee on State Government
MAJORITY recommendation: Do pass. Signed by Representatives Anderson, Chair; Veloria, Vice Chair; Reams, Ranking Minority Member; L. Thomas, Assistant Ranking Minority Member; Campbell; Conway; Dyer; King and Pruitt.
Referred to Committee on Revenue.
February 25, 1994
SSB 6016 Prime Sponsor, Committee on Government Operations: Requiring disclosure of the total compensation of local government chief executive officers when that compensation exceeds one hundred thousand dollars. Reported by Committee on Local Government
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. It is the policy of the legislature that citizens have a right to know the total compensation that is paid to local government chief administrative officers.
NEW SECTION. Sec. 2. A new section is added to chapter 42.16 RCW to read as follows:
(1) All local governments shall fully disclose in their adopted budget the total compensation to be paid or provided to the chief administrative officer when that total exceeds one hundred thousand dollars in any one calendar year. The one hundred thousand dollar amount shall be adjusted annually based on the governmental price index established by the department of revenue under RCW 82.14.200. The disclosure must be on a separate page in the budget and must include the employee's name, title, and a list of the compensation elements and their respective dollar amounts or values. Those items of compensation listed that are not available to all employees must be identified. Any proposed change in compensation for the chief administrative officer must be previously announced as an agenda item of an open public meeting.
(2)(a) For the purposes of this section, "local government" means a city, town, county, special purpose district, school district, or other municipal corporation or quasi-municipal corporation.
(b) For the purposes of this section, "chief administrative officer" means that individual who has general administrative responsibility over the affairs of the local government as determined by the legislative authority, the elected executive of the local government, or the board of directors of a school district. Each local government may have no more than one employee covered under this definition.
(3) For the purposes of this section, "compensation" includes, but is not limited to, the dollar value of the following cash and noncash compensation:
(a) Base salary and benefits, listed separately, available to all employees;
(b) Perquisites and other personal benefits;
(c) Deferred compensation or deferred tax annuities;
(d) Performance incentives;
(e) An amount paid, payable, or accrued in connection with a hiring, resignation, retirement, or termination of employment;
(f) Contributions to trusts or retirement plans;
(g) Insurance premiums;
(h) Vehicle allowances or vehicles furnished to the employee;
(i) Tax or financial planning services;
(j) Health and recreation membership dues;
(k) Annuities;
(l) Child and elder care services; and
(m) Moving and relocation expenses.
NEW SECTION. Sec. 3. The state auditor shall establish and consult with a temporary committee to develop definitions and guidelines that meet the intent and requirements of section 2 of this act. The committee shall include but not be limited to representatives from local government as defined in section 2 of this act. Definitions and guidelines under this section shall be established before September 1, 1994."
Signed by Representatives H. Myers, Chair; Springer, Vice Chair; Edmondson, Ranking Minority Member; Reams, Assistant Ranking Minority Member; Dunshee; R. Fisher; Horn; Moak; Rayburn; Van Luven and Zellinsky.
Passed to Committee on Rules for second reading.
February 25, 1994
SSB 6018 Prime Sponsor, Committee on Government Operations: Expanding the uses of the excise tax on the sale of real property. Reported by Committee on Local Government
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 82.46.010 and 1992 c 221 s 1 are each amended to read as follows:
(1) The legislative authority of any county or city shall identify in the adopted budget the capital projects funded in whole or in part from the proceeds of the tax authorized in this section, and shall indicate that such tax is intended to be in addition to other funds that may be reasonably available for such capital projects.
(2) The legislative authority of any county or any city may impose an excise tax on each sale of real property in the unincorporated areas of the county for the county tax and in the corporate limits of the city for the city tax at a rate not exceeding one-quarter of one percent of the selling price. The revenues from this tax shall be used by the respective jurisdictions for any capital purpose identified in a capital improvements plan and local capital improvements, including those listed in RCW 35.43.040.
After April 30, 1992, revenues generated from the tax imposed under this subsection in counties over five thousand population and cities over five thousand population that are required or choose to plan under RCW 36.70A.040 shall be used solely for financing capital projects specified in a capital facilities plan element of a comprehensive plan and housing relocation assistance under RCW 59.18.440 and 59.18.450. However, revenues (a) pledged by such counties and cities to debt retirement prior to April 30, 1992, may continue to be used for that purpose until the original debt for which the revenues were pledged is retired, or (b) committed prior to April 30, 1992, by such counties or cities to a project may continue to be used for that purpose until the project is completed.
(3) In lieu of imposing the tax authorized in RCW 82.14.030(2), the legislative authority of any county or any city may impose an additional excise tax on each sale of real property in the unincorporated areas of the county for the county tax and in the corporate limits of the city for the city tax at a rate not exceeding one-half of one percent of the selling price.
(4) Taxes imposed under this section shall be collected from persons who are taxable by the state under chapter 82.45 RCW upon the occurrence of any taxable event within the unincorporated areas of the county or within the corporate limits of the city, as the case may be.
(5) Taxes imposed under this section shall comply with all applicable rules, regulations, laws, and court decisions regarding real estate excise taxes as imposed by the state under chapter 82.45 RCW.
(6) As used in this section, "city" means any city or town and "capital project" means those public works projects of a local government for planning, acquisition, construction, reconstruction, repair, replacement, rehabilitation, or improvement of streets; roads; highways; sidewalks; street and road lighting systems; traffic signals; bridges; domestic water systems; storm and sanitary sewer systems; parks; recreational facilities; law enforcement facilities; fire protection facilities; trails; libraries; administrative and/or judicial facilities; river and/or waterway flood control projects by those jurisdictions that, prior to June 11, 1992, have expended funds derived from the tax authorized by this section for such purposes; and((, until December 31, 1995,)) housing projects ((for those jurisdictions that, prior to June 11, 1992, have expended or committed to expend funds derived from the tax authorized by this section or the tax authorized by RCW 82.46.035 for such purposes)).
NEW SECTION. Sec. 2. The legislature declares that, in section 13, chapter 49, Laws of 1982 1st ex. sess., effective July 1, 1982, its original intent in limiting the use of the proceeds of the tax authorized in RCW 82.46.010(2) to "local capital improvements" was to include in such expenditures the acquisition of real and personal property associated with such local capital improvements. Any such expenditures made by cities, towns, and counties on or after July 1, 1982, are hereby declared to be authorized and valid."
Signed by Representatives H. Myers, Chair; Springer, Vice Chair; Edmondson, Ranking Minority Member; Reams, Assistant Ranking Minority Member; Dunshee; R. Fisher; Horn; Moak; Rayburn; Van Luven and Zellinsky.
Passed to Committee on Rules for second reading.
February 25, 1994
SB 6022 Prime Sponsor, Haugen: Revising requirements for publication of ordinances. Reported by Committee on Local Government
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 35.22.288 and 1988 c 168 s 1 are each amended to read as follows:
Promptly after adoption, the text of each ordinance or a summary of the content of each ordinance shall be published at least once in the official newspaper of the city. For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. Publication of the title of an ordinance authorizing the issuance of bonds, notes, or other evidences of indebtedness shall constitute publication of a summary of that ordinance. When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.
An inadvertent mistake or omission in publishing the text or a summary of the content of an ordinance shall not render the ordinance invalid.
In addition to the requirement that a city publish the text or a summary of the content of each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement.
Sec. 2. RCW 35.23.310 and 1988 c 168 s 2 are each amended to read as follows:
Promptly after adoption, the text of each ordinance or a summary of the content of each ordinance shall be published at least once in the official newspaper of the city. For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. Publication of the title of an ordinance authorizing the issuance of bonds, notes, or other evidences of indebtedness shall constitute publication of a summary of that ordinance. When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.
An inadvertent mistake or omission in publishing the text or a summary of the content of an ordinance shall not render the ordinance invalid.
In addition to the requirement that a city publish the text or a summary of the content of each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement.
A certified copy of any ordinance certified to by the clerk, or a printed copy of any ordinance or compilation printed by authority of the city council and attested by the clerk shall be competent evidence in any court.
Sec. 3. RCW 35.24.220 and 1988 c 168 s 4 are each amended to read as follows:
Promptly after adoption, the text of each ordinance or a summary of the content of each ordinance shall be published at least once in the city's official newspaper.
For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. Publication of the title of an ordinance authorizing the issuance of bonds, notes, or other evidences of indebtedness shall constitute publication of a summary of that ordinance. When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.
An inadvertent mistake or omission in publishing the text or a summary of the content of an ordinance shall not render the ordinance invalid.
In addition to the requirement that a city publish the text or a summary of the content of each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement.
Sec. 4. RCW 35.27.300 and 1988 c 168 s 5 are each amended to read as follows:
Promptly after adoption, the text of each ordinance or a summary of the content of each ordinance shall be published at least once in the official newspaper of the town.
For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. Publication of the title of an ordinance authorizing the issuance of bonds, notes, or other evidences of indebtedness shall constitute publication of a summary of that ordinance. When the town publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.
An inadvertent mistake or omission in publishing the text or a summary of the content of an ordinance shall not render the ordinance invalid.
In addition to the requirement that a town publish the text or a summary of the content of each adopted ordinance, every town shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but not be limited to, written notification to the town's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the town determines will satisfy the intent of this requirement.
Sec. 5. RCW 35.30.018 and 1988 c 168 s 6 are each amended to read as follows:
Promptly after adoption, the text of each ordinance or a summary of the content of each ordinance shall be published at least once in the official newspaper of the city.
For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. Publication of the title of an ordinance authorizing the issuance of bonds, notes, or other evidences of indebtedness shall constitute publication of a summary of that ordinance. When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.
An inadvertent mistake or omission in publishing the text or a summary of the content of an ordinance shall not render the ordinance invalid.
In addition to the requirement that a city publish the text or a summary of the content of each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement.
Sec. 6. RCW 35A.12.160 and 1988 c 168 s 7 are each amended to read as follows:
Promptly after adoption, the text of each ordinance or a summary of the content of each ordinance shall be published at least once in the city's official newspaper.
For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. Publication of the title of an ordinance authorizing the issuance of bonds, notes, or other evidences of indebtedness shall constitute publication of a summary of that ordinance. When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.
An inadvertent mistake or omission in publishing the text or a summary of the content of an ordinance shall not render the ordinance invalid.
In addition to the requirement that a city publish the text or a summary of the content of each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement.
Sec. 7. RCW 65.16.160 and 1977 c 34 s 4 are each amended to read as follows:
(1) Whenever any county, city, or town is required by law to publish legal notices containing the full text of any proposed or adopted ordinance in a newspaper, the county, city, or town may publish a summary of the ordinance which summary shall be approved by the governing body and which shall include:
(a) The name of the county, city, or town;
(b) The formal identification or citation number of the ordinance;
(c) A descriptive title;
(d) A section-by-section summary;
(e) Any other information which the county, city, or town finds is necessary to provide a complete summary; and
(f) A statement that the full text will be mailed upon request.
Publication of the title of an ordinance authorizing the issuance of bonds, notes, or other evidences of indebtedness shall constitute publication of a complete summary of that ordinance, and a section-by-section summary shall not be required.
(2) Subsection (1) of this section notwithstanding, whenever any publication is made under this section and the proposed or adopted ordinance contains provisions regarding taxation or penalties or contains legal descriptions of real property, then the sections containing this matter shall be published in full and shall not be summarized. When a legal description of real property is involved, the notice shall also include the street address or addresses of the property described, if any. In the case of descriptions covering more than one street address, the street addresses of the four corners of the area described shall meet this requirement.
(3) The full text of any ordinance which is summarized by publication under this section shall be mailed without charge to any person who requests the text from the adopting county, city, or town.
NEW SECTION. Sec. 8. A new section is added to chapter 35.21 RCW to read as follows:
(1) It is the purpose of this section to provide a means whereby all cities and towns may obtain, through a single source, information regarding ordinances adopted by other cities and towns that may be of assistance to them in enacting appropriate local legislation.
(2) For the purposes of this section, (a) "clerk" means the city or town clerk or other person who is lawfully designated to perform the recordkeeping function of that office, and (b) "municipal research council" means the municipal research council created by chapter 43.110 RCW.
(3) The clerk of every city and town is directed to provide to the municipal research council or its designee, promptly after adoption and publication of the text or title, a copy of the full text of each of its regulatory ordinances and such other ordinances or kinds of ordinances as may be described in a list or lists promulgated by the municipal research council or its designee from time to time, and may provide such copies without charge. The municipal research council may provide that information to the entity with which it contracts for the provision of municipal research and services, in order to provide a pool of information for all cities and towns in the state of Washington.
(4) This section is intended to be directory and not mandatory."
Signed by Representatives H. Myers, Chair; Springer, Vice Chair; Edmondson, Ranking Minority Member; Reams, Assistant Ranking Minority Member; Horn; Moak; Rayburn; Van Luven and Zellinsky.
MINORITY recommendation: Do not pass. Signed by Representatives Dunshee and R. Fisher.
Passed to Committee on Rules for second reading.
February 24, 1994
SB 6023 Prime Sponsor, Winsley: Transferring emergency management functions from the department of community development to the military department. Reported by Committee on State Government
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 38.52.005 and 1986 c 266 s 22 are each amended to read as follows:
The military department ((of community development)) shall administer the comprehensive emergency management program of the state of Washington as provided for in this chapter. All local organizations, organized and performing emergency management functions pursuant to RCW 38.52.070, may change their name and be called the . . . . . . department/division of emergency management.
Sec. 2. RCW 38.52.010 and 1993 c 251 s 5 and 1993 c 206 s 1 are each reenacted and amended to read as follows:
As used in this chapter:
(1) "Emergency management" or "comprehensive emergency management" means the preparation for and the carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, to mitigate, prepare for, respond to, and recover from emergencies and disasters, and to aid victims suffering from injury or damage, resulting from disasters caused by all hazards, whether natural or man-made, and to provide support for search and rescue operations for persons and property in distress. However, "emergency management" or "comprehensive emergency management" does not mean preparation for emergency evacuation or relocation of residents in anticipation of nuclear attack.
(2) "Local organization for emergency services or management" means an organization created in accordance with the provisions of this chapter by state or local authority to perform local emergency management functions.
(3) "Political subdivision" means any county, city or town.
(4) "Emergency worker" means any person, including but not limited to an architect registered under chapter 18.08 RCW or a professional engineer registered under chapter 18.43 RCW, who is registered with a local emergency management organization or the military department ((of community development)) and holds an identification card issued by the local emergency management director or the military department ((of community development)) for the purpose of engaging in authorized emergency management activities or is an employee of the state of Washington or any political subdivision thereof who is called upon to perform emergency management activities.
(5) "Injury" as used in this chapter shall mean and include accidental injuries and/or occupational diseases arising out of emergency management activities.
(6)(a) "Emergency or disaster" as used in all sections of this chapter except RCW 38.52.430 shall mean an event or set of circumstances which: (i) Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences, or (ii) reaches such a dimension or degree of destructiveness as to warrant the governor declaring a state of emergency pursuant to RCW 43.06.010.
(b) "Emergency" as used in RCW 38.52.430 means an incident that requires a normal police, coroner, fire, rescue, emergency medical services, or utility response as a result of a violation of one of the statutes enumerated in RCW 38.52.430.
(7) "Search and rescue" means the acts of searching for, rescuing, or recovering by means of ground, marine, or air activity any person who becomes lost, injured, or is killed while outdoors or as a result of a natural or man-made disaster, including instances involving searches for downed aircraft when ground personnel are used. Nothing in this section shall affect appropriate activity by the department of transportation under chapter 47.68 RCW.
(8) "Executive head" and "executive heads" means the county executive in those charter counties with an elective office of county executive, however designated, and, in the case of other counties, the county legislative authority. In the case of cities and towns, it means the mayor.
(9) "Director" means the ((director of community development)) adjutant general.
(10) "Local director" means the director of a local organization of emergency management or emergency services.
(11) "Department" means the state military department ((of community development)).
(12) "Emergency response" as used in RCW 38.52.430 means a public agency's use of emergency services during an emergency or disaster as defined in subsection (6)(b) of this section.
(13) "Expense of an emergency response" as used in RCW 38.52.430 means reasonable costs incurred by a public agency in reasonably making an appropriate emergency response to the incident, but shall only include those costs directly arising from the response to the particular incident. Reasonable costs shall include the costs of providing police, coroner, fire fighting, rescue, emergency medical services, or utility response at the scene of the incident, as well as the salaries of the personnel responding to the incident.
(14) "Public agency" means the state, and a city, county, municipal corporation, district, or public authority located, in whole or in part, within this state which provides or may provide fire fighting, police, ambulance, medical, or other emergency services.
Sec. 3. RCW 38.52.090 and 1987 c 185 s 6 are each amended to read as follows:
(1) The director of each local organization for emergency management may, in collaboration with other public and private agencies within this state, develop or cause to be developed mutual aid arrangements for reciprocal emergency management aid and assistance in case of disaster too great to be dealt with unassisted. Such arrangements shall be consistent with the state emergency management plan and program, and in time of emergency it shall be the duty of each local organization for emergency management to render assistance in accordance with the provisions of such mutual aid arrangements. The ((director of community development)) adjutant general shall adopt and distribute a standard form of contract for use by local organizations in understanding and carrying out said mutual aid arrangements.
(2) The ((director of community development)) adjutant general and the director of each local organization for emergency management may, subject to the approval of the governor, enter into mutual aid arrangements with emergency management agencies or organizations in other states for reciprocal emergency management aid and assistance in case of disaster too great to be dealt with unassisted. All such arrangements shall be pursuant to either of the compacts contained in subsection (2) (a) or (b) of this section.
(a) The legislature recognizes that the compact language contained in this subsection is inadequate to meet many forms of emergencies. For this reason, after June 7, 1984, the state may not enter into any additional compacts under this subsection (2)(a).
INTERSTATE CIVIL DEFENSE
AND DISASTER COMPACT
The contracting States solemnly agree:
Article 1. The purpose of this compact is to provide mutual aid among the States in meeting any emergency or disaster from enemy attack or other cause (natural or otherwise) including sabotage and subversive acts and direct attacks by bombs, shellfire, and atomic, radiological, chemical, bacteriological means, and other weapons. The prompt, full and effective utilization of the resources of the respective States, including such resources as may be available from the United States Government or any other source, are essential to the safety, care and welfare of the people thereof in the event of enemy action or other emergency, and any other resources, including personnel, equipment or supplies, shall be incorporated into a plan or plans of mutual aid to be developed among the civil defense agencies or similar bodies of the States that are parties hereto. The Directors of Civil Defense (Emergency Services) of all party States shall constitute a committee to formulate plans and take all necessary steps for the implementation of this compact.
Article 2. It shall be the duty of each party State to formulate civil defense plans and programs for application within such State. There shall be frequent consultation between the representatives of the States and with the United States Government and the free exchange of information and plans, including inventories of any materials and equipment available for civil defense. In carrying out such civil defense plans and programs the party States shall so far as possible provide and follow uniform standards, practices and rules and regulations including:
(a) Insignia, arm bands and any other distinctive articles to designate and distinguish the different civil defense services;
(b) Blackouts and practice blackouts, air raid drills, mobilization of civil defense forces and other tests and exercises;
(c) Warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith;
(d) The effective screening or extinguishing of all lights and lighting devices and appliances;
(e) Shutting off water mains, gas mains, electric power connections and the suspension of all other utility services;
(f) All materials or equipment used or to be used for civil defense purposes in order to assure that such materials and equipment will be easily and freely interchangeable when used in or by any other party State;
(g) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic, prior, during, and subsequent to drills or attacks;
(h) The safety of public meetings or gatherings; and
(i) Mobile support units.
Article 3. Any party State requested to render mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the State rendering aid may withhold resources to the extent necessary to provide reasonable protection for such State. Each party State shall extend to the civil defense forces of any other party State, while operating within its State limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving State), duties, rights, privileges and immunities as if they were performing their duties in the State in which normally employed or rendering services. Civil defense forces will continue under the command and control of their regular leaders but the organizational units will come under the operational control of the civil defense authorities of the State receiving assistance.
Article 4. Whenever any person holds a license, certificate or other permit issued by any State evidencing the meeting of qualifications for professional, mechanical or other skills, such person may render aid involving such skill in any party State to meet an emergency or disaster and such State shall give due recognition to such license, certificate or other permit as if issued in the State in which aid is rendered.
Article 5. No party State or its officers or employees rendering aid in another State pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.
Article 6. Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that appropriate among other States party hereto, this instrument contains elements of a broad base common to all States, and nothing herein contained shall preclude any State from entering into supplementary agreements with another State or States. Such supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons, and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, equipment and supplies.
Article 7. Each party State shall provide for the payment of compensation and death benefits to injured members of the civil defense forces of that State and the representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within such State.
Article 8. Any party State rendering aid in another State pursuant to this compact shall be reimbursed by the party State receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost incurred in connection with such requests; provided, that any aiding State may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party State without charge or cost; and provided further that any two or more party States may enter into supplementary agreements establishing a different allocation of costs as among those States. The United States Government may relieve the party State receiving aid from any liability and reimburse the party State supplying civil defense forces for the compensation paid to and the transportation, subsistence and maintenance expenses of such forces during the time of the rendition of such aid or assistance outside the State and may also pay fair and reasonable compensation for the use or utilization of the supplies, materials, equipment or facilities so utilized or consumed.
Article 9. Plans for the orderly evacuation and reception of the civilian population as the result of an emergency or disaster shall be worked out from time to time between representatives of the party States and the various local civil defense areas thereof. Such plans shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party State receiving evacuees shall be reimbursed generally for the out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care and like items. Such expenditures shall be reimbursed by the party State of which the evacuees are residents, or by the United States Government under plans approved by it. After the termination of the emergency or disaster the party State of which the evacuees are resident shall assume the responsibility for the ultimate support or repatriation of such evacuees.
Article 10. This compact shall be available to any State, territory or possession of the United States, and the District of Columbia. The term "State" may also include any neighboring foreign country or province or state thereof.
Article 11. The committee established pursuant to Article 1 of this compact may request the Civil Defense Agency of the United States Government to act as an informational and coordinating body under this compact, and representatives of such agency of the United States Government may attend meetings of such committee.
Article 12. This compact shall become operative immediately upon its ratification by any State as between it and any other State or States so ratifying and shall be subject to approval by Congress unless prior Congressional approval has been given. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party States and with the Civil Defense Agency and other appropriate agencies of the United States Government.
Article 13. This compact shall continue in force and remain binding on each party State until the legislature or the Governor of such party State takes action to withdraw therefrom. Such action shall not be effective until 30 days after notice thereof has been sent by the Governor of the party State desiring to withdraw to the Governors of all other party States.
Article 14. This compact shall be construed to effectuate the purposes stated in Article 1 hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be effected thereby.
Article 15. (a) This Article shall be in effect only as among those states which have enacted it into law or in which the Governors have adopted it pursuant to constitutional or statutory authority sufficient to give it the force of law as part of this compact. Nothing contained in this Article or in any supplementary agreement made in implementation thereof shall be construed to abridge, impair or supersede any other provision of this compact or any obligation undertaken by a State pursuant thereto, except that if its terms so provide, a supplementary agreement in implementation of this Article may modify, expand or add to any such obligation as among the parties to the supplementary agreement.
(b) In addition to the occurrences, circumstances and subject matters to which preceding articles of this compact make it applicable, this compact and the authorizations, entitlements and procedures thereof shall apply to:
1. Searches for and rescue of person who are lost, marooned, or otherwise in danger.
2. Action useful in coping with disasters arising from any cause or designed to increase the capability to cope with any such disasters.
3. Incidents, or the imminence thereof, which endanger the health or safety of the public and which require the use of special equipment, trained personnel or personnel in larger numbers than are locally available in order to reduce, counteract or remove the danger.
4. The giving and receiving of aid by subdivisions of party States.
5. Exercises, drills or other training or practice activities designed to aid personnel to prepare for, cope with or prevent any disaster or other emergency to which this compact applies.
(c) Except as expressly limited by this compact or a supplementary agreement in force pursuant thereto, any aid authorized by this compact or such supplementary agreement may be furnished by any agency of a party State, a subdivision of such State, or by a joint agency providing such aid shall be entitled to reimbursement therefor to the same extent and in the same manner as a State. The personnel of such a joint agency, when rendering aid pursuant to this compact shall have the same rights, authority and immunity as personnel of party States.
(d) Nothing in this Article shall be construed to exclude from the coverage of Articles 1-15 of this compact any matter which, in the absence of this Article, could reasonably be construed to be covered thereby.
(b) The compact language contained in this subsection (2)(b) is intended to deal comprehensively with emergencies requiring assistance from other states.
INTERSTATE MUTUAL AID COMPACT
Purpose
The purpose of this Compact is to provide voluntary assistance among participating states in responding to any disaster or imminent disaster, that over extends the ability of local and state governments to reduce, counteract or remove the danger. Assistance may include, but not be limited to, rescue, fire, police, medical, communication, transportation services and facilities to cope with problems which require use of special equipment, trained personnel or personnel in large numbers not locally available.
Authorization
Article I, Section 10 of the Constitution of the United States permits a state to enter into an agreement or compact with another state, subject to the consent of Congress. Congress, through enactment of Title 50 U.S.C. Sections 2281(g), 2283 and the Executive Department, by issuance of Executive Orders No. 10186 of December 1, 1950, encourages the states to enter into emergency, disaster and civil defense mutual aid agreements or pacts.
Implementation
It is agreed by participating states that the following conditions will guide implementation of the Compact:
1. Participating states through their designated officials are authorized to request and to receive assistance from a participating state. Requests will be granted only if the requesting state is committed to the mitigation of the emergency, and other resources are not immediately available.
2. Requests for assistance may be verbal or in writing. If the request is made by other than written communication, it shall be confirmed in writing as soon as practical after the request. A written request shall provide an itemization of equipment and operators, types of expertise, personnel or other resources needed. Each request must be signed by an authorized official.
3. Personnel and equipment of the aiding party made available to the requesting party shall, whenever possible, remain under the control and direction of the aiding party. The activities of personnel and equipment of the aiding party must be coordinated by the requesting party.
4. An aiding state shall have the right to withdraw some or all of their personnel and/or equipment whenever the personnel or equipment are needed by that state. Notice of intention to withdraw should be communicated to the requesting party as soon as possible.
General Fiscal Provisions
The state government of the requesting party shall reimburse the state government of the aiding party. It is understood that reimbursement shall be made as soon as possible after the receipt by the requesting party of an itemized voucher requesting reimbursement of costs.
1. Any party rendering aid pursuant to this Agreement shall be reimbursed by the state receiving such aid for any damage to, loss of, or expense incurred in the operation of any equipment used in responding to a request for aid, and for the cost incurred in connection with such requests.
2. Any state rendering aid pursuant to this Agreement shall be reimbursed by the state receiving such aid for the cost of payment of compensation and death benefits to injured officers, agents, or employees and their dependents or representatives in the event such officers, agents, or employees sustain injuries or are killed while rendering aid pursuant to this arrangement, provided that such payments are made in the same manner and on the same terms as if the injury or death were sustained within such state.
Privileges and Immunities
1. All privileges and immunities from liability, exemptions from law, ordinances, rules, all pension, relief disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees when performing their respective functions within the territorial limits of their respective political subdivisions, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extra-territorially under the provisions of this Agreement.
2. All privileges and immunities from liability, exemptions from law, ordinances, and rules, workers' compensation and other benefits which apply to duly enrolled or registered volunteers when performing their respective functions at the request of their state and within its territorial limits, shall apply to the same degree and extent while performing their functions extra-territorially under the provisions of this Agreement. Volunteers may include, but not be limited to, physicians, surgeons, nurses, dentists, structural engineers, and trained search and rescue volunteers.
3. The signatory states, their political subdivisions, municipal corporations and other public agencies shall hold harmless the corresponding entities and personnel thereof from the other state with respect to the acts and omissions of its own agents and employees that occur while providing assistance pursuant to the common plan.
4. Nothing in this arrangement shall be construed as repealing or impairing any existing Interstate Mutual Aid Agreements.
5. Upon enactment of this Agreement by two or more states, and by January 1, annually thereafter, the participating states will exchange with each other the names of officials designated to request and/or provide services under this arrangement. In accordance with the cooperative nature of this arrangement, it shall be permissible and desirable for the parties to exchange operational procedures to be followed in requesting assistance and reimbursing expenses.
6. This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such state.
7. This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate official of all other party states. An actual withdrawal shall not take effect until the thirtieth consecutive day after the notice provided in the statute has been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal.
Sec. 4. RCW 38.52.420 and 1988 c 36 s 11 are each amended to read as follows:
(1) The military department ((of community development)), in consultation with appropriate federal agencies, the departments of natural resources, wildlife, fisheries, and ecology, representatives of local government, and any other person the director may deem appropriate, shall develop a model contingency plan, consistent with other plans required for hazardous materials by federal and state law, to serve as a draft plan for local governments which may be incorporated into the state and local emergency management plans.
(2) The model contingency plan shall:
(a) Include specific recommendations for pollution control facilities which are deemed to be most appropriate for the control, collection, storage, treatment, disposal, and recycling of oil and other spilled material and furthering the prevention and mitigation of such pollution;
(b) Include recommendations for the training of local personnel consistent with other training proposed, funded, or required by federal or state laws for hazardous materials;
(c) Suggest cooperative training exercises between the public and private sector consistent with other training proposed, funded, or required by federal or state laws for hazardous materials;
(d) Identify federal and state laws requiring contingency or management plans applicable or related to prevention of pollution, emergency response capabilities, and hazardous waste management, together with a list of funding sources that local governments may use in development of their specific plans;
(e) Promote formal agreements between the military department ((of community development)) and local entities for effective spill response; and
(f) Develop policies and procedures for the augmentation of emergency services and agency spill response personnel through the use of volunteers: PROVIDED, That no contingency plan may require the use of volunteers by a responding responsible party without that party's consent.
Sec. 5. RCW 38.54.010 and 1992 c 117 s 9 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Department" means the department of community, trade, and economic development.
(2) "Director" means the director of the department of community, trade, and economic development.
(3) "State fire marshal" means the assistant director of the division of fire protection services in the department of community, trade, and economic development.
(4) "Fire chief" includes the chief officer of a statutorily authorized fire agency, or the fire chief's authorized representative. Also included are the department of natural resources fire control chief, and the department of natural resources regional managers.
(5) "Jurisdiction" means state, county, city, fire district, or port district (([fire])) fire fighting units, or other units covered by this chapter.
(6) "Mobilization" means that fire fighting resources beyond those available through existing agreements will be requested and, when available, sent ((to fight a fire)) in response to an emergency or disaster situation that has ((or soon will exceed)) exceeded the capabilities of available local resources. During a large scale ((fire)) emergency, mobilization includes the redistribution of regional or state-wide fire fighting resources to either direct ((fire fighting)) emergency incident assignments or to assignment in communities where fire fighting resources are needed.
When mobilization is declared and authorized as provided in this chapter, all fire fighting resources except those of the host fire protection authorities, i.e. incident jurisdiction, shall be deemed as mobilized under this chapter, including those that responded earlier under existing mutual aid or other agreement. All nonhost fire protection authorities providing fire fighting resources in response to a mobilization declaration shall be eligible for expense reimbursement as provided by this chapter from the time of the mobilization declaration.
This chapter shall not reduce or suspend the authority or responsibility of the department of natural resources under chapter 76.04 RCW.
(7) "Mutual aid" means emergency interagency assistance provided without compensation under ((and [an])) an agreement between jurisdictions under chapter 39.34 RCW.
Sec. 6. RCW 38.54.020 and 1992 c 117 s 10 are each amended to read as follows:
Because of the possibility of the occurrence of disastrous fires or other disasters of unprecedented size and destructiveness, the need to insure that the state is adequately prepared to respond to such a fire or disaster, the need to establish a mechanism and a procedure to provide for reimbursement to fire fighting agencies that respond to help others in time of need, and generally to protect the public peace, health, safety, lives, and property of the people of Washington, it is hereby declared necessary to:
(1) Provide the policy and organizational structure for large scale mobilization of fire fighting resources in the state through creation of the Washington state fire services mobilization plan;
(2) Confer upon the director of the department of community, trade, and economic development the powers provided herein; and
(3) Provide a means for reimbursement to fire jurisdictions that incur expenses when mobilized by the director under the Washington state fire services mobilization plan.
It is the intent of the legislature that mutual aid and other interlocal agreements providing for enhanced emergency response be encouraged as essential to the public peace, safety, health, and welfare, and for the protection of the lives and property of the people of the state of Washington. If possible, mutual aid agreements should be without stated limitations as to resources available, time, or area. Nothing in this chapter shall be construed or interpreted to limit the eligibility of any nonhost fire protection authority for reimbursement of expenses incurred in providing fire fighting resources for mobilization.
Sec. 7. RCW 46.16.340 and 1986 c 266 s 49 are each amended to read as follows:
The director, from time to time, shall furnish the state military department, the department of community, trade, and economic development, the Washington state patrol, and all county sheriffs a list of the names, addresses, and license plate or radio station call letters of each person possessing the special amateur radio station license plates so that the facilities of such radio stations may be utilized to the fullest extent in the work of these governmental agencies.
Sec. 8. RCW 88.46.100 and 1991 c 200 s 423 are each amended to read as follows:
(1) In order to assist the state in identifying areas of the navigable waters of the state needing special attention, the owner or operator of a covered vessel shall notify the coast guard within one hour:
(a) Of the disability of the covered vessel if the disabled vessel is within twelve miles of the shore of the state; and
(b) Of a collision or a near miss incident within twelve miles of the shore of the state.
(2) The ((division of emergency management of the)) state military department ((of community development)) and the office shall request the coast guard to notify the ((division of emergency management)) state military department as soon as possible after the coast guard receives notice of a disabled covered vessel or of a collision or near miss incident within twelve miles of the shore of the state. The office shall negotiate an agreement with the coast guard governing procedures for coast guard notification to the state regarding disabled covered vessels and collisions and near miss incidents.
(3) The office shall prepare a summary of the information collected under this section and provide the summary to the regional marine safety committees, the coast guard, and others in order to identify problems with the marine transportation system.
(4) For the purposes of this section:
(a) A tank vessel or cargo vessel is considered disabled if any of the following occur:
(i) Any accidental or intentional grounding;
(ii) The total or partial failure of the main propulsion or primary steering or any component or control system that causes a reduction in the maneuvering capabilities of the vessel;
(iii) An occurrence materially and adversely affecting the vessel's seaworthiness or fitness for service, including but not limited to, fire, flooding, or collision with another vessel;
(iv) Any other occurrence that creates the serious possibility of an oil spill or an occurrence that may result in such a spill.
(b) A barge is considered disabled if any of the following occur:
(i) The towing mechanism becomes disabled;
(ii) The towboat towing the barge becomes disabled through occurrences defined in (a) of this subsection.
(c) A near miss incident is an incident that requires the pilot or master of a covered vessel to take evasive actions or make significant course corrections in order to avoid a collision with another ship or to avoid a grounding as required by the international rules of the road.
(5) Failure of any person to make a report under this section shall not be used as the basis for the imposition of any fine or penalty.
NEW SECTION. Sec. 9. A new section is added to chapter 38.52 RCW to read as follows:
All powers, duties, and functions of the department of community, trade, and economic development pertaining to emergency management are transferred to the state military department. All references to the director or the department of community development or the department of community, trade, and economic development in the Revised Code of Washington shall be construed to mean the adjutant general or the state military department when referring to the functions transferred in this section.
NEW SECTION. Sec. 10. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of community, trade, and economic development pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the state military department. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of community, trade, and economic development in carrying out the powers, functions, and duties transferred shall be made available to the state military department. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the state military department.
Any appropriations made to the department of community, trade, and economic development for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the state military department.
Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
NEW SECTION. Sec. 11. All employees of the department of community, trade, and economic development engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the state military department. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the state military department to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service. All employees of the department of community, trade, and economic development exempted under chapter 41.06 RCW shall retain such exemption after transfer.
NEW SECTION. Sec. 12. All rules and all pending business before the department of community, trade, and economic development pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the state military department. All existing contracts and obligations shall remain in full force and shall be performed by the state military department.
NEW SECTION. Sec. 13. The transfer of the powers, duties, functions, and personnel of the department of community, trade, and economic development shall not affect the validity of any act performed prior to the effective date of this section.
NEW SECTION. Sec. 14. If apportionments of budgeted funds are required because of the transfers directed by sections 10 through 13 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
NEW SECTION. Sec. 15. Nothing contained in sections 9 through 14 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.
NEW SECTION. Sec. 16. This act shall take effect July 1, 1994."
Signed by Representatives Anderson, Chair; Veloria, Vice Chair; Reams, Ranking Minority Member; L. Thomas, Assistant Ranking Minority Member; Campbell; Conway; Dyer; King and Pruitt.
Passed to Committee on Rules for second reading.
February 25, 1994
ESB 6025 Prime Sponsor, Winsley: Changing provisions relating to cities and towns. Reported by Committee on Local Government
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 35.16.010 and 1965 c 7 s 35.16.010 are each amended to read as follows:
Upon the filing of a petition ((praying for an election to submit the question of excluding)) which is sufficient as determined by RCW 35A.01.040 requesting the exclusion from the boundaries of a city or town of an area described by metes and bounds or by reference to a recorded plat or government survey ((from the boundaries of a city or town)), signed by qualified voters ((thereof)) of the city or town equal in number to not less than ((one-fifth)) ten percent of the number of ((votes cast)) voters voting at the last general municipal election, the city or town ((council)) legislative body shall ((cause to be submitted)) submit the question to the voters ((by a special election held for that purpose. Such special election shall not be held within ninety days next preceding any general election)). As an alternate method, the legislative body of the city or town may by resolution submit a proposal to the voters for excluding such a described area from the boundaries of the city or town. The question shall be submitted at the next general municipal election if one is to be held within one hundred eighty days or at a special election called for that purpose not less than ninety days nor more than one hundred eighty days after the certification of sufficiency of the petition or the passage of the resolution. The petition or resolution shall set out and describe the territory to be excluded from the ((corporation)) city or town, together with the boundaries of the ((said corporation)) city or town as it will exist after such change is made.
Sec. 2. RCW 35.16.020 and 1985 c 469 s 19 are each amended to read as follows:
Notice of a ((special)) corporate limit reduction election shall be published ((for)) at least ((four)) once each week for two consecutive weeks prior to the election in the official newspaper of the city or town. The notice shall distinctly state the proposition to be submitted, shall designate specifically the area proposed to be excluded and the boundaries of the city or town as they would be after the proposed exclusion of territory therefrom ((and shall require the voters to cast ballots which)). The ballots shall contain the words "For reduction of ((corporate)) city limits" and "Against reduction of ((corporate)) city limits" or words equivalent thereto. ((This notice shall be in addition to the notice required by chapter 29.27 RCW.))
Sec. 3. RCW 35.16.030 and 1965 c 7 s 35.16.030 are each amended to read as follows:
((On the Monday next succeeding a special corporate limit reduction election, the canvassing authority shall proceed to canvass the returns thereof and)) The election returns shall be canvassed as provided in RCW 29.13.040. If three-fifths of the votes cast on the proposition favor the reduction of the corporate limits, the ((council)) legislative body of the city or town, by an order entered on its minutes, shall ((cause)) direct the clerk to make and transmit to the office of the secretary of state a certified abstract of the vote. The abstract shall show the ((whole)) total number of ((electors)) voters voting, the number of votes cast for reduction and the number of votes cast against reduction.
Sec. 4. RCW 35.16.040 and 1965 c 7 s 35.16.040 are each amended to read as follows:
((Immediately)) Promptly after the filing of the abstract of votes with the office of the secretary of state, the legislative body of the city or town ((council)) shall adopt an ordinance defining and fixing the corporate limits after excluding the area as determined by the election. The ordinance shall also describe the excluded territory by metes and bounds or by reference to a recorded plat or government survey and declare it no longer a part of the city or town.
Sec. 5. RCW 35.16.050 and 1965 c 7 s 35.16.050 are each amended to read as follows:
((Immediately upon)) A certified copy of the ordinance defining the reduced city or town limits ((going into effect, a certified copy thereof)) together with a map showing the corporate limits as altered shall be filed and recorded in the office of the county auditor of the county in which the city or town is situated, ((and thereupon the boundaries shall be as set forth therein)) upon the effective date of the ordinance. The new boundaries of the city or town shall take effect immediately after they are filed and recorded with the county auditor.
NEW SECTION. Sec. 6. A new section is added to chapter 35.16 RCW to read as follows:
In regard to franchises previously granted for operation of any public service business or facility within the territory excluded from a city or town by proceedings under this chapter, the rights, obligations, and duties of the legislative body of the county or other political subdivision having jurisdiction over such territory and of the franchise holder shall be as provided in RCW 35.02.160, relating to inclusion of territory by an incorporation.
Sec. 7. RCW 35.27.010 and 1965 c 7 s 35.27.010 are each amended to read as follows:
Every municipal corporation of the fourth class shall be entitled the "Town of . . . . . . . . ." (naming it), and by such name shall have perpetual succession, may sue, and be sued in all courts and places, and in all proceedings whatever; shall have and use a common seal, alterable at the pleasure of the town authorities, and may purchase, lease, receive, hold, and enjoy real and personal property and control ((and)), lease, sublease, convey, or otherwise dispose of the same for the common benefit.
Sec. 8. RCW 42.24.180 and 1984 c 128 s 11 are each amended to read as follows:
In order to expedite the payment of claims, the legislative body of any taxing district, as defined in RCW 43.09.260, may authorize the issuance of warrants or checks in payment of claims after the provisions of this chapter have been met and after the officer designated by statute, or, in the absence of statute, an appropriate charter provision, ordinance, or resolution of the taxing district, has signed the checks or warrants, but before the legislative body has acted to approve the claims. The legislative body may stipulate that certain kinds or amounts of claims shall not be paid before the board has reviewed the supporting documentation and approved the issue of checks or warrants in payment of those claims. However, all of the following conditions shall be met before the payment:
(1) The auditing officer and the officer designated to sign the checks or warrants shall each be required to furnish an official bond for the faithful discharge of his or her duties in an amount determined by the legislative body but not less than fifty thousand dollars;
(2) The legislative body shall adopt contracting, hiring, purchasing, and disbursing policies that implement effective internal control;
(3) The legislative body shall provide for its review of the documentation supporting claims paid and for its approval of all checks or warrants issued in payment of claims at its next regularly scheduled public meeting or, for cities and towns, at a regularly scheduled public meeting within one month of issuance; and
(4) The legislative body shall require that if, upon review, it disapproves some claims, the auditing officer and the officer designated to sign the checks or warrants shall jointly cause the disapproved claims to be recognized as receivables of the taxing district and to pursue collection diligently until the amounts disapproved are collected or until the legislative body is satisfied and approves the claims.
Sec. 9. RCW 68.24.180 and 1984 c 7 s 369 are each amended to read as follows:
After dedication under this title, and as long as the property remains dedicated to cemetery purposes, a railroad, street, road, alley, pipe line, pole line, or other public thoroughfare or utility shall not be laid out, through, over, or across any part of it without the consent of the cemetery authority owning and operating it, or of not less than two-thirds of the owners of interment plots: PROVIDED HOWEVER, That a city of under twenty thousand may initiate, prior to January 1, 1995, an action to condemn cemetery property if the purpose is to further improve an existing street, or other public improvement and the proposed improvement does not interfere with existing interment plots containing human remains. ((However, so long as the action is commenced prior to March 31, 1961, the department of transportation may condemn for state highway purposes for Primary State Highway No. 14 in the vicinity of Gig Harbor land in any burial ground or cemetery in the following cases: (1) Where no organized or known authority is in charge of any such cemetery, or (2) where the necessary consent cannot be obtained and the court finds that considerations of highway safety necessitate the taking of the land. A judgment entered in the condemnation proceedings shall require that before an entry is made on the land condemned for state highway purposes, the state shall, at its own expense, remove or cause to be removed from the land any bodies buried therein and suitably reinter them elsewhere to the satisfaction of relatives, if they can be found.))
Sec. 10. RCW 82.14.330 and 1993 sp.s. c 21 s 3 are each amended to read as follows:
(1) The moneys deposited in the municipal criminal justice assistance account for distribution under this section shall be distributed to the cities of the state as follows:
(a) Twenty percent appropriated for distribution shall be distributed to cities with a three-year average violent crime rate for each one thousand in population in excess of one hundred fifty percent of the state-wide three-year average violent crime rate for each one thousand in population. The three-year average violent crime rate shall be calculated using the violent crime rates for each of the preceding three years from the annual reports on crime in Washington state as published by the Washington association of sheriffs and police chiefs. Moneys shall be distributed under this subsection (1)(a) ratably based on population as last determined by the office of financial management, but no city may receive more than one dollar per capita. Moneys remaining undistributed under this subsection at the end of each calendar year shall be distributed to the criminal justice training commission to reimburse participating city law enforcement agencies with ten or fewer full-time commissioned patrol officers the cost of temporary replacement of each officer who is enrolled in basic law enforcement training, as provided in RCW 43.101.200.
(b) Sixteen percent shall be distributed to cities ratably based on population as last determined by the office of financial management, but no city may receive less than one thousand dollars.
The moneys deposited in the municipal criminal justice assistance account for distribution under this subsection shall be distributed at such times as distributions are made under RCW 82.44.150.
Moneys distributed under this subsection shall be expended exclusively for criminal justice purposes and shall not be used to replace or supplant existing funding. Criminal justice purposes are defined as activities that substantially assist the criminal justice system, which may include circumstances where ancillary benefit to the civil justice system occurs, and which includes domestic violence services such as those provided by domestic violence programs, community advocates, and legal advocates, as defined in RCW 70.123.020. Existing funding for purposes of this subsection is defined as calendar year 1989 actual operating expenditures for criminal justice purposes. Calendar year 1989 actual operating expenditures for criminal justice purposes exclude the following: Expenditures for extraordinary events not likely to reoccur, changes in contract provisions for criminal justice services, beyond the control of the local jurisdiction receiving the services, and major nonrecurring capital expenditures.
(2) In addition to the distributions under subsection (1) of this section:
(a) Fourteen percent shall be distributed to cities that have initiated innovative law enforcement strategies, including alternative sentencing and crime prevention programs. No city may receive more than one dollar per capita under this subsection (2)(a).
(b) Twenty percent shall be distributed to cities that have initiated programs to help at-risk children or child abuse victim response programs. No city may receive more than fifty cents per capita under this subsection (2)(b).
(c) Twenty percent shall be distributed to cities that have initiated programs designed to reduce the level of domestic violence within their jurisdictions or to provide counseling for domestic violence victims. No city may receive more than fifty cents per capita under this subsection (2)(c).
(d) Ten percent shall be distributed to cities that contract with another governmental agency for a majority of the city's law enforcement services.
Moneys distributed under this subsection shall be distributed to those cities that submit funding requests under this subsection to the department of community, trade, and economic development based on criteria developed under RCW 82.14.335. Allocation of funds shall be in proportion to the population of qualified jurisdictions, but the distribution to a city shall not exceed the amount of funds requested. Cities shall submit requests for program funding to the department of community, trade, and economic development by November 1 of each year for funding the following year. The department shall certify to the state treasurer the cities eligible for funding under this subsection and the amount of each allocation.
((One-half of the moneys distributed under (a) through (d) of this subsection shall be distributed on March 1st and the remaining one-half of the moneys shall be distributed on September 1st)) The moneys deposited in the municipal criminal justice assistance account for distribution under this subsection shall be distributed at the times as distributions are made under RCW 82.44.150. Moneys remaining undistributed under this subsection at the end of each calendar year shall be distributed to the criminal justice training commission to reimburse participating city law enforcement agencies with ten or fewer full-time commissioned patrol officers the cost of temporary replacement of each officer who is enrolled in basic law enforcement training, as provided in RCW 43.101.200.
If a city is found by the state auditor to have expended funds received under this subsection in a manner that does not comply with the criteria under which the moneys were received, the city shall be ineligible to receive future distributions under this subsection until the use of the moneys are justified to the satisfaction of the director or are repaid to the state general fund. The director may allow noncomplying use of moneys received under this subsection upon a showing of hardship or other emergent need.
(3) Notwithstanding other provisions of this section, the distributions to any city that substantially decriminalizes or repeals its criminal code after July 1, 1990, and that does not reimburse the county for costs associated with criminal cases under RCW 3.50.800 or 3.50.805(2), shall be made to the county in which the city is located.
Sec. 11. RCW 41.16.050 and 1986 c 296 s 3 are each amended to read as follows:
There is hereby created and established in the treasury of each municipality a fund which shall be known and designated as the firemen's pension fund, which shall consist of: (1) All bequests, fees, gifts, emoluments, or donations given or paid thereto; (2) forty-five percent of all moneys received by the state from taxes on fire insurance premiums; (3) taxes paid pursuant to the provisions of RCW 41.16.060; (4) interest on the investments of the fund; and (5) contributions by ((firemen)) fire fighters as provided for herein. The moneys received from the tax on fire insurance premiums under the provisions of this chapter shall be distributed in the proportion that the number of paid ((firemen)) fire fighters in the city, town, or fire protection district bears to the total number of paid ((firemen)) fire fighters throughout the state to be ascertained in the following manner: The secretary of the firemen's pension board of each city, town, and fire protection district now or hereafter coming under the provisions of this chapter shall within thirty days after June 7, 1961, and on or before the fifteenth day of January thereafter, certify to the state treasurer the number of paid ((firemen)) fire fighters in the fire department in such city, town, or fire protection district. For any city or town annexed by a fire protection district at any time before, on, or after the effective date of this section, the city or town shall continue to certify to the state treasurer the number of paid fire fighters in the city or town fire department immediately before annexation until all obligations against the firemen's pension fund in the city or town have been satisfied. For the purposes of the calculation in this section, the state treasurer shall subtract the number certified by the annexed city or town from the number of paid fire fighters certified by an annexing fire protection district. The state treasurer shall on or before the first day of June of each year deliver to the treasurer of each city, town, and fire protection district coming under the provisions of this chapter his or her warrant, payable to each city, town, or fire protection district for the amount due such city, town or fire protection district ascertained as herein provided and the treasurer of each such city, town, or fire protection district shall place the amount thereof to the credit of the firemen's pension fund of such city, town, or fire protection district.
NEW SECTION. Sec. 12. Section 10 of 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 shall take effect March 1, 1994."
Signed by Representatives H. Myers, Chair; Springer, Vice Chair; Edmondson, Ranking Minority Member; Reams, Assistant Ranking Minority Member; Dunshee; R. Fisher; Horn; Moak; Rayburn and Zellinsky.
MINORITY recommendation: Do not pass. Signed by Representative Van Luven.
Passed to Committee on Rules for second reading.
February 25, 1994
SSB 6028 Prime Sponsor, Committee on Government Operations: Changing provisions relating to local option elections within cities, towns, and counties. Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass. Signed by Representatives Heavey, Chair; G. Cole, Vice Chair; Lisk, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Conway; Horn; King; Springer and Veloria.
Passed to Committee on Rules for second reading.
February 23, 1994
SSB 6039 Prime Sponsor, Committee on Transportation: Establishing procedures for changing a vehicle dealer's relevant market area. Reported by Committee on Transportation
MAJORITY recommendation: Do pass with the following amendment:
On page 9, line 9, after "on" strike "the effective date of this act" and insert "October 1, 1994"
Signed by Representatives R. Fisher, Chair; Brown, Vice Chair; Jones, Vice Chair; Schmidt, Ranking Minority Member; Mielke, Assistant Ranking Minority Member; Backlund; Brough; Brumsickle; Cothern; Eide; Finkbeiner; Forner; Fuhrman; Hansen; Heavey; Horn; Johanson; J. Kohl; Orr; Patterson; Quall; Romero; Sheldon; Shin; Wood and Zellinsky.
Excused: Representative R. Meyers.
Passed to Committee on Rules for second reading.
February 24, 1994
SB 6041 Prime Sponsor, Ludwig: Prescribing penalties for criminal street gang activities. Reported by Committee on Corrections
MAJORITY recommendation: Do pass. Signed by Representatives Morris, Chair; Mastin, Vice Chair; Long, Ranking Minority Member; Moak; Ogden and Padden.
MINORITY recommendation: Do not pass. Signed by Representatives G. Cole and L. Johnson.
Excused: Representatives Edmondson; Assistant Ranking Minority Member and Riley.
Passed to Committee on Rules for second reading.
February 25, 1994
SSB 6045 Prime Sponsor, Committee on Law & Justice: Authorizing an additional ten years for execution of judgments. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 6.17.020 and 1989 c 360 s 3 are each amended to read as follows:
(1) Except as provided in subsections (2) and (3) of this section, the party in whose favor a judgment of a court of record of this state or a district court of this state has been or may be rendered, or the assignee, may have an execution issued for the collection or enforcement of the judgment at any time within ten years from entry of the judgment.
(2) After ((the effective date of this act)) July 23, 1989, a party who obtains a judgment or order of a court of record of any state, or an administrative order entered as defined in RCW 74.20A.020(6) for accrued child support, may have an execution issued upon that judgment or order at any time within ten years of the eighteenth birthday of the youngest child named in the order for whom support is ordered.
(3) After the effective date of this act, a party in whose favor a judgment has been rendered pursuant to subsection (1) of this section may, within ninety days before the expiration of the original ten-year period, apply to the court that rendered the judgment for an order granting an additional ten years during which an execution may be issued. The petitioner shall pay to the court a filing fee equal to the filing fee for filing the first or initial paper in a civil action in the court. When application is made to the court to grant an additional ten years, the application shall be accompanied by a current and updated judgment summary as outlined in RCW 4.64.030. The filing fee required under this subsection shall be included in the judgment summary and shall be a recoverable cost.
Sec. 2. RCW 4.16.020 and 1989 c 360 s 1 are each amended to read as follows:
The period prescribed for the commencement of actions shall be as follows:
Within ten years:
(1) For actions for the recovery of real property, or for the recovery of the possession thereof; and no action shall be maintained for such recovery unless it appears that the plaintiff, his or her ancestor, predecessor or grantor was seized or possessed of the premises in question within ten years before the commencement of the action.
(2) For an action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or of any territory or possession of the United States outside the boundaries thereof, or of any extraterritorial court of the United States, unless the ten-year period is extended in accordance with RCW 6.17.020(3).
(3) Of the eighteenth birthday of the youngest child named in the order for whom support is ordered for an action to collect past due child support that has accrued under an order entered after ((the effective date of this act)) July 23, 1989, by any of the above-named courts or that has accrued under an administrative order as defined in RCW 74.20A.020(6), which is issued after ((the effective date of this act)) July 23, 1989.
Sec. 3. RCW 4.56.190 and 1987 c 442 s 1103 and 1987 c 202 s 116 are each reenacted and amended to read as follows:
The real estate of any judgment debtor, and such as the judgment debtor may acquire, not exempt by law, shall be held and bound to satisfy any judgment of the district court of the United States rendered in this state and any judgment of the supreme court, court of appeals, superior court, or district court of this state, and every such judgment shall be a lien thereupon to commence as provided in RCW 4.56.200 and to run for a period of not to exceed ten years from the day on which such judgment was entered unless the ten-year period is extended in accordance with RCW 6.17.020(3). As used in this chapter, real estate shall not include the vendor's interest under a real estate contract for judgments rendered after August 23, 1983. If a judgment debtor owns real estate, subject to execution, jointly or in common with any other person, the judgment shall be a lien on the interest of the defendant only.
Personal property of the judgment debtor shall be held only from the time it is actually levied upon.
Sec. 4. RCW 6.32.010 and 1985 c 215 s 1 are each amended to read as follows:
At any time within ten years after entry of a judgment for the sum of twenty-five dollars or over, unless the time is extended in accordance with RCW 6.17.020(3), upon application by the judgment creditor((,)) such court or judge may, by an order, require the judgment debtor to appear at a specified time and place before the judge granting the order, or a referee appointed by ((him)) the judge, to answer concerning the same; and the judge to whom application is made under this chapter may, if it is made to appear to him or her by the affidavit of the judgment creditor, his or her agent or attorney that there is danger of the debtor absconding, order the sheriff to arrest the debtor and bring him or her before the judge granting the order. Upon being brought before the judge, he or she may be ordered to enter into a bond, with sufficient sureties, that he or she will attend from time to time before the judge or referee, as shall be directed, during the pendency of the proceedings and until the final termination thereof. If the judgment debtor or other persons against whom the special proceedings are instituted has been served with these proceedings, the plaintiff shall be entitled to costs of service, notary fees, and an appearance fee of twenty-five dollars. If the judgment debtor or other persons fail to answer or appear, the plaintiff shall additionally be entitled to reasonable attorney fees. If a plaintiff institutes special proceedings and fails to appear, a judgment debtor or other person against whom the proceeding was instituted who appears is entitled to an appearance fee of twenty-five dollars and reasonable attorney fees.
Sec. 5. RCW 6.32.015 and 1980 c 105 s 6 are each amended to read as follows:
At any time within ten years((,)) after entry of a judgment for a sum of twenty-five dollars or over, unless the time is extended in accordance with RCW 6.17.020(3), upon application by the judgment creditor((,)) such court or judge may, by order served on the judgment debtor, require such debtor to answer written interrogatories, under oath, in such form as may be approved by the court. No such creditor shall be required to proceed under this section nor shall he or she waive his or her rights to proceed under RCW 6.32.010 by proceeding under this section."
Signed by Representatives Appelwick, Chair; Johanson, Vice Chair; Padden, Ranking Minority Member; Ballasiotes, Assistant Ranking Minority Member; Campbell; Chappell; Eide; Forner; J. Kohl; Long; Morris; H. Myers; Riley; Schmidt; Scott; Tate and Wineberry.
Passed to Committee on Rules for second reading.
February 25, 1994
SSB 6047 Prime Sponsor, Committee on Law & Justice: Revising provisions relating to crimes involving alcohol, drugs, or mental problems. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
PART I - DUI PENALTIES
NEW SECTION. Sec. 1. A new section is added to chapter 46.04 RCW to read as follows:
"Alcohol concentration" means (1) grams of alcohol per two hundred ten liters of a person's breath, or (2) the percent by weight of alcohol in a person's blood.
Sec. 2. RCW 46.61.502 and 1993 c 328 s 1 are each amended to read as follows:
(1) ((A person is guilty of driving while under the influence of intoxicating liquor or any drug if the person drives a vehicle within this state:
(a) And the person has 0.10 grams or more of alcohol per two hundred ten liters of breath within two hours after driving, as shown by analysis of the person's breath made under RCW 46.61.506; or
(b) And the person has 0.10 percent or more by weight of alcohol in the person's blood within two hours after driving, as shown by analysis of the person's blood made under RCW 46.61.506; or
(c) While the person is under the influence of or affected by intoxicating liquor or any drug; or
(d) While the person is under the combined influence of or affected by intoxicating liquor and any drug.
(2) The fact that any person charged with a violation of this section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this section.
(3) It is an affirmative defense to a violation of subsection (1) (a) and (b) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of driving and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.10 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(4) Analyses of blood or breath samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had 0.10 grams or more of alcohol per two hundred ten liters of breath or 0.10 percent or more of alcohol in the person's blood, pursuant to subsection (1) (a) and (b) of this section, and may be used as evidence that a person was under the influence of or affected by intoxicating liquors or any drug pursuant to subsection (1) (c) and (d) of this section.)) A person is guilty of driving while under the influence of intoxicating liquor or any drug if the person drives a vehicle within this state:
(a) And the person has, within two hours after driving, an alcohol concentration of 0.10 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or
(b) While the person is under the influence of or affected by intoxicating liquor or any drug; or
(c) While the person is under the combined influence of or affected by intoxicating liquor and any drug.
(2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against a charge of violating this section.
(3) It is an affirmative defense to a violation of subsection (1)(a) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of driving and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.10 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(4) Analyses of blood or breath samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had an alcohol concentration of 0.10 or more in violation of subsection (1)(a) of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1) (b) or (c) of this section.
(5) A violation of this section is a gross misdemeanor.
Sec. 3. RCW 46.61.504 and 1993 c 328 s 2 are each amended to read as follows:
(1) ((A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if the person has actual physical control of a vehicle within this state:
(a) And the person has 0.10 grams or more of alcohol per two hundred ten liters of breath within two hours after being in actual physical control of a motor vehicle, as shown by analysis of the person's breath made under RCW 46.61.506; or
(b) And the person has 0.10 percent or more by weight of alcohol in the person's blood within two hours after being in actual physical control of a motor vehicle, as shown by analysis of the person's blood made under RCW 46.61.506; or
(c) While the person is under the influence of or affected by intoxicating liquor or any drug; or
(d) While the person is under the combined influence of or affected by intoxicating liquor and any drug.
(2) The fact that any person charged with a violation of this section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this section. No person may be convicted under this section if, prior to being pursued by a law enforcement officer, the person has moved the vehicle safely off the roadway.
(3) It is an affirmative defense to a violation of subsection (1) (a) and (b) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of being in actual physical control of a motor vehicle and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.10 or more within two hours after being in actual physical control of a motor vehicle. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(4) Analyses of blood or breath samples obtained more than two hours after the alleged actual physical control of a motor vehicle may be used as evidence that within two hours of the alleged actual physical control of a motor vehicle, a person had 0.10 grams or more of alcohol per two hundred ten liters of breath or 0.10 percent or more of alcohol in the person's blood, pursuant to subsection (1) (a) and (b) of this section, and may be used as evidence that a person was under the influence of or affected by intoxicating liquors or any drug pursuant to subsection (1) (c) and (d) of this section.)) A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if the person has actual physical control of a vehicle within this state:
(a) And the person has, within two hours after being in actual physical control of the vehicle, an alcohol concentration of 0.10 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or
(b) While the person is under the influence of or affected by intoxicating liquor or any drug; or
(c) While the person is under the combined influence of or affected by intoxicating liquor and any drug.
(2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state does not constitute a defense against any charge of violating this section. No person may be convicted under this section if, prior to being pursued by a law enforcement officer, the person has moved the vehicle safely off the roadway.
(3) It is an affirmative defense to a violation of subsection (1)(a) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of being in actual physical control of the vehicle and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.10 or more within two hours after being in such control. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(4) Analyses of blood or breath samples obtained more than two hours after the alleged being in actual physical control of a vehicle may be used as evidence that within two hours of the alleged being in such control, a person had an alcohol concentration of 0.10 or more in violation of subsection (1)(a) of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1) (b) or (c) of this section.
(5) A violation of this section is a gross misdemeanor.
NEW SECTION. Sec. 4. A new section is added to chapter 46.61 RCW to read as follows:
(1) A person whose driver's license is not in a probationary, suspended, or revoked status, and who has not been convicted of a violation of RCW 46.61.502 or 46.61.504 that was committed within five years before the commission of the current violation, and who violates RCW 46.61.502(1)(a) or 46.61.504(1)(a) because of an alcohol concentration of at least 0.10 but less than 0.15 is guilty of a gross misdemeanor and shall be punished as follows:
(a) By imprisonment for not less than one day nor more than one year. Twenty-four consecutive hours of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and
(b) By a fine of not less than three hundred fifty dollars nor more than five thousand dollars. Three hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and
(c) By suspension of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of not less than thirty days nor more than one hundred twenty days as determined by the court. Thirty days of the suspension may not be suspended or deferred. The court shall notify the department of licensing of the conviction and of any period of suspension and shall notify the department of the person's completion of any period of suspension. Upon receiving notification of the conviction, or if applicable, upon receiving notification of the completion of any period of suspension, the department shall issue the offender a probationary license in accordance with section 8 of this act.
(2) A person whose driver's license is not in a probationary, suspended, or revoked status, and who has not been convicted of a violation of RCW 46.61.502 or 46.61.504 that was committed within five years before the commission of the current violation, and who either:
(a) Violates RCW 46.61.502(1)(a) or 46.61.504(1)(a) because of an alcohol concentration of 0.15 or more; or
(b) Violates RCW 46.61.502(1) (b) or (c) or 46.61.504(1) (b) or (c) and, because of the person's refusal to take a test offered pursuant to RCW 46.20.308, there is no test result indicating the person's alcohol concentration, is guilty of a gross misdemeanor and shall be punished as follows:
(i) By imprisonment for not less than seven days nor more than one year. Seven consecutive days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and
(ii) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and
(iii) By suspension of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of not less than sixty days nor more than one hundred eighty days as determined by the court. Sixty days of the suspension may not be suspended or deferred. The court shall notify the department of any period of suspension and shall notify the department of the completion of any period of suspension. Upon receiving notification of the conviction, or if applicable, upon receiving notification of the completion of any period of suspension, the department shall issue the offender a probationary license in accordance with section 8 of this act.
(3) In exercising its discretion in setting penalties within the limits allowed by this section, the court shall particularly consider whether the person's driving at the time of the offense was responsible for injury or damage to another or another's property.
(4) Upon conviction under this section, the offender's driver's license is deemed to be in a probationary status for five years from the date of the offense, unless before the expiration of the five years the license is suspended or revoked for some other violation of law. Being on probationary status does not authorize a person to drive during any period of license suspension imposed as a penalty for the infraction.
(5) An offender punishable under this section is subject to the alcohol assessment and treatment provisions of section 9 of this act.
NEW SECTION. Sec. 5. A new section is added to chapter 46.61 RCW to read as follows:
(1) A person whose driver's license is in a probationary status and who violates RCW 46.61.502(1)(a) or 46.61.504(1)(a) because of an alcohol concentration of at least 0.10 but less than 0.15 is guilty of a gross misdemeanor and shall be punished as follows:
(a) By imprisonment for not less than seven days nor more than one year. Seven consecutive days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would pose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and
(b) By a fine of not less than six hundred dollars nor more than five thousand dollars. Six hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and
(c) By suspension of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of not less than one hundred twenty days nor more than one year as determined by the court. One hundred twenty days of the suspension may not be suspended or deferred. The court shall notify the department of the imposition of any period of suspension and of the completion of any period of suspension.
(2) A person whose driver's license is in a probationary status and who either:
(a) Violates RCW 46.61.502(1)(a) or 46.61.504(1)(a) because of an alcohol concentration of 0.15 or more; or
(b) Violates RCW 46.61.502(1) (b) or (c) or 46.61.504(1) (b) or (c) and, because of the person's refusal to take a test offered pursuant to RCW 46.20.308, there is no test result indicating the person's alcohol concentration, is guilty of a gross misdemeanor and shall be punished as follows:
(i) By imprisonment for not less than seven days nor more than one year. Seven consecutive days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would pose a risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and
(ii) By a fine of not less than seven hundred fifty dollars nor more than five thousand dollars. Seven hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and
(iii) By revocation of the offender's license or permit to drive or of any nonresident privilege to drive, for a period of not less than one year nor more than two years as determined by the court. One year of the revocation may not be suspended or deferred.
(3) In exercising its discretion in setting penalties within the limits allowed by this section, the court shall particularly consider whether the person's driving at the time of the offense was responsible for injury or damage to another or another's property.
(4) An offender punishable under this section is subject to the alcohol assessment and treatment provisions of section 9 of this act. An offender punishable under subsection (1) or (2) of this section is subject to the vehicle seizure and forfeiture provisions of RCW 46.61.511. No offender punishable under this section is eligible for an occupational license under RCW 46.20.391.
NEW SECTION. Sec. 6. A new section is added to chapter 46.61 RCW to read as follows:
(1) A person who violates RCW 46.61.502 or 46.61.504 and who either has a driver's license in a suspended or revoked status or who has been convicted under section 5 of this act or RCW 46.61.502 or 46.61.504 of an offense that was committed within five years before the commission of the current violation, is guilty of a gross misdemeanor and shall be punished as follows:
(a) By imprisonment for not less than ninety days nor more than one year. Ninety consecutive days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would pose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and
(b) By a fine of not less than seven hundred fifty dollars nor more than five thousand dollars. Seven hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and
(c) By revocation by the department of licensing of the offender's license or permit to drive or of any nonresident privilege to drive, for a period of two years. The revocation of license, permit, or privilege may not be suspended or deferred.
(2) In exercising its discretion in setting penalties within the limits allowed by this section, the court shall particularly consider whether the person's driving at the time of the offense was responsible for injury or damage to another or another's property.
(3) An offender punishable under this section is subject to the alcohol assessment and treatment provisions of section 9 of this act. An offender punishable under this section is subject to the vehicle seizure and forfeiture provisions of RCW 46.61.511. No offender punishable under this section is eligible for an occupational license under RCW 46.20.391.
NEW SECTION. Sec. 7. A new section is added to chapter 46.61 RCW to read as follows:
(1)(a) In addition to penalties set forth in sections 4 through 6 of this act, a one hundred twenty-five dollar fee shall be assessed to a person who is either convicted, sentenced to a lesser charge, or given deferred prosecution, as a result of an arrest for violating RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522. This fee is for the purpose of funding the Washington state toxicology laboratory and the Washington state patrol breath test program.
(b) Upon a verified petition by the person assessed the fee, the court may suspend payment of all or part of the fee if it finds that the person does not have the ability to pay.
(c) When a minor has been adjudicated a juvenile offender for an offense which, if committed by an adult, would constitute a violation of RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522, the court shall assess the one hundred twenty-five dollar fee under (a) of this subsection. Upon a verified petition by a minor assessed the fee, the court may suspend payment of all or part of the fee if it finds that the minor does not have the ability to pay the fee.
(2) The fee assessed under subsection (1) of this section shall be collected by the clerk of the court and distributed as follows:
(a) Forty percent shall be subject to distribution under RCW 3.46.120, 3.50.100, 35.20.220, 3.62.020, 3.62.040, or 10.82.070.
(b) If the case involves a blood test by the state toxicology laboratory, the remainder of the fee shall be forwarded to the state treasurer for deposit in the death investigations account to be used solely for funding the state toxicology laboratory blood testing program.
(c) Otherwise, the remainder of the fee shall be forwarded to the state treasurer for deposit in the state patrol highway account to be used solely for funding the Washington state patrol breath test program.
PART II - PROBATIONARY LICENSES
NEW SECTION. Sec. 8. A new section is added to chapter 46.61 RCW to read as follows:
(1) Upon notification of a conviction under RCW 46.61.502 or 46.61.504 for which the issuance of a probationary driver's license is required, or upon receipt of an abstract indicating a deferred prosecution has been granted under RCW 10.05.060, the department of licensing shall order the person to surrender his or her license. The department shall revoke the license of any person who fails to surrender it as required by this section.
(2) Upon receipt of the surrendered license, and following the expiration of any period of license suspension ordered by a court, or following receipt of a sworn statement under section 12 of this act that requires issuance of a probationary license, the department shall issue the person a probationary license. The probationary license shall be renewed on the same cycle as the person's regular license would have been renewed until five years after the date of the commission of the offense, at which time the department shall reissue a regular license if the person otherwise qualifies for one.
(3) For each issue or reissue of a license under this section, the department may charge the fee authorized under RCW 46.20.311 for the reissuance of a license following a revocation for a violation of RCW 46.61.502 or 46.61.504.
(4) A probationary license shall enable the department and law enforcement personnel to determine that the person is on probationary status, including the period of that status, for a violation of RCW 46.61.502 or 46.61.504. That fact that a person has been issued a probationary license shall not be a part of the person's record that is available to insurance companies.
PART III - ASSESSMENT AND TREATMENT
NEW SECTION. Sec. 9. A new section is added to chapter 46.61 RCW to read as follows:
(1) A person subject to alcohol assessment and treatment under section 4, 5, or 6 of this act shall be required by the court to complete a course in an alcohol information school approved by the department of social and health services or to complete more intensive treatment in a program approved by the department of social and health services, as determined by the court. The court shall notify the department of licensing whenever it orders a person to complete a course or treatment program under this section.
(2) A diagnostic evaluation and treatment recommendation shall be prepared under the direction of the court by an alcoholism agency approved by the department of social and health services or a qualified probation department approved by the department of social and health services. A copy of the report shall be forwarded to the department of licensing. Based on the diagnostic evaluation, the court shall determine whether the person shall be required to complete a course in an alcohol information school approved by the department of social and health services or more intensive treatment in a program approved by the department of social and health services.
(3) Standards for approval for alcohol treatment programs shall be prescribed by the department of social and health services. The department of social and health services shall periodically review the costs of alcohol information schools and treatment programs.
(4) The department of social and health services shall require as a condition of approval under this section that any agency that offers outpatient treatment must provide all phases of such treatment as determined by the department of social and health services.
(5) Any agency that provides treatment ordered under section 4, 5, or 6 of this act, shall immediately report to the court and to the department of licensing any noncompliance by a person with the conditions of his or her ordered treatment. The court shall notify the department of licensing and the department of social and health services of any failure by an agency to so report noncompliance. Any agency with knowledge of noncompliance that fails to so report shall be fined two hundred fifty dollars by the department of social and health services. Upon three such failures by an agency within one year, the department of social and health services shall revoke the agency's approval under this section.
(6) The department of licensing and the department of social and health services may adopt such rules as are necessary to carry out this section.
PART IV - ADMINISTRATIVE REVOCATION
NEW SECTION. Sec. 10. A new section is added to chapter 46.20 RCW to read as follows:
(1) Notwithstanding any other provision of this title, a person under the age of twenty-one may not drive, operate, or be in physical control of a motor vehicle while having alcohol in his or her system in a concentration of 0.02 or above.
(2) A person under the age of twenty-one who drives or is in physical control of a motor vehicle within this state is deemed to have given consent, subject to the relevant portions of RCW 46.61.506, to be detained long enough, and be transported if necessary, to take a test or tests of that person's blood or breath for the purpose of determining the alcohol concentration in his or her system.
(3) A test or tests may be administered at the direction of a law enforcement officer, who after stopping or detaining the driver, has reasonable grounds to believe that the driver was driving or in actual physical control of a motor vehicle while having alcohol in his or her system.
(4) The law enforcement officer requesting the test or tests under subsection (2) of this section shall warn the person requested to submit to the test that a refusal to submit will result in that person's driver's license or driving privilege being revoked.
(5) If the person refuses testing, or submits to a test that discloses an alcohol concentration of 0.02 or more, the law enforcement officer shall:
(a) Serve the person notice in writing on behalf of the department of licensing of its intention to suspend, revoke, or deny the person's license, permit, or privilege to drive;
(b) Serve the person notice in writing on behalf of the department of licensing of the person's right to a hearing, specifying the steps required to obtain a hearing;
(c) Confiscate the person's Washington state license or permit to drive, if any, and issue a temporary license to replace any confiscated license or permit. The temporary license shall be valid for thirty days from the date of the traffic stop or until the suspension or revocation of the person's license or permit is sustained at a hearing as provided by subsection (7) of this section, whichever occurs first. No temporary license is valid to any greater degree than the license or permit it replaces;
(d) Notify the department of licensing of the traffic stop, and transmit to the department any confiscated license or permit and a sworn report stating:
(i) That the officer had reasonable grounds to believe the person was driving or in actual physical control of a motor vehicle within this state with alcohol in his or her system;
(ii) That pursuant to this section a test of the person's alcohol concentration was administered or that the person refused to be tested;
(iii) If administered, that the test indicated the person's alcohol concentration was 0.02 or higher; and
(iv) Any other information that the department may require by rule.
(6) Upon receipt of the sworn report of a law enforcement officer under subsection (5) of this section, the department shall suspend or revoke the driver's license or driving privilege beginning thirty days from the date of the traffic stop or beginning when the suspension, revocation, or denial is sustained at a hearing as provided by subsection (7) of this section. Within fifteen days after notice of a suspension or revocation has been given, the person may, in writing, request a formal hearing. If such a request is not made within the prescribed time the right to a hearing is waived. Upon receipt of such request, the department shall afford the person an opportunity for a hearing as provided in RCW 46.20.329 and 46.20.332. The hearing shall be conducted in the county of the arrest. For the purposes of this section, the hearing shall cover the issues of whether a law enforcement officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in his or her system, whether the person refused to submit to the test or tests upon request of the officer after having been informed that the refusal would result in the revocation of the person's driver's license or driving privilege, and, if the test or tests of the person's breath or blood was administered, whether the results indicated an alcohol concentration of 0.02 or more. The department shall order that the suspension or revocation of the person's driver's license or driving privilege either be rescinded or sustained. Any decision by the department suspending or revoking a person's driver's license or driving privilege is stayed and does not take effect while a formal hearing is pending under this section or during the pendency of a subsequent appeal to superior court so long as there is no conviction for a moving violation or no finding that the person has committed a traffic infraction that is a moving violation during the pendency of the hearing and appeal. If the suspension or revocation of the person's driver's license or driving privilege is sustained after the hearing, the person may file a petition in the superior court of the county of arrest to review the final order of suspension or revocation by the department in the manner provided in RCW 46.20.334.
(7) The department shall suspend or revoke the driver's license or driving privilege of a person as required by this section as follows:
(a) In the case of a person who has refused a test or tests:
(i) For a first refusal within five years, revocation for one year;
(ii) For a second or subsequent refusal within five years, revocation or denial for two years.
(b) In the case of an incident where a person has submitted to a test or tests indicating an alcohol concentration of 0.02 or more:
(i) For a first incident within five years, suspension for ninety days;
(ii) For a second or subsequent incident within five years, revocation for one year or until the person reaches age twenty-one whichever occurs later.
(8) For purposes of this section, "alcohol concentration" means (a) grams of alcohol per two hundred ten liters of a person's breath, or (b) the percent by weight of alcohol in a person's blood.
NEW SECTION. Sec. 11. A new section is added to chapter 46.61 RCW to read as follows:
(1) Any person requested or signaled to stop by a law enforcement officer pursuant to section 10 of this act has a duty to stop.
(2) Whenever any person is stopped pursuant to section 10 of this act, the officer may detain that person for a reasonable period of time necessary to: Identify the person; check the status of the person's license, insurance identification card, and the vehicle's registration; and transport the person, if necessary, to and administer a test or tests to determine the alcohol concentration in the person's system.
(3) Any person requested to identify himself or herself to a law enforcement officer pursuant to an investigation under section 10 of this act has a duty to identify himself or herself, give his or her current address, and sign an acknowledgement of receipt of the warning required by section 10(4) of this act and receipt of the notice and temporary license issued under section 10(5) of this act.
NEW SECTION. Sec. 12. A new section is added to chapter 46.61 RCW to read as follows:
(1) This section applies to any person arrested for a violation of RCW 46.61.502 or 46.61.504 who has an alcohol concentration of 0.10 or higher as shown by a test administered under RCW 46.20.308.
(2) The arresting officer or other law enforcement officer at whose direction the test was given shall:
(a) Serve the person notice in writing on behalf of the department of licensing of its intention to suspend, revoke, or deny the person's license, permit, or privilege to drive or to issue a probationary license;
(b) Serve the person notice in writing on behalf of the department of the person's right to a hearing, specifying the steps required to obtain a hearing;
(c) Confiscate the person's Washington state license or permit to drive, if any, and issue a temporary license to replace any confiscated license or permit. The temporary license shall be valid for thirty days from the date of arrest or until the suspension or revocation of the person's license or permit, or the issuance of a probationary license, is sustained at a hearing pursuant to subsection (5) of this section, whichever occurs first. No temporary license is valid to any greater degree than the license or permit it replaces;
(d) Notify the department of the arrest, and transmit to the department any confiscated license or permit and a sworn report stating:
(i) That the officer had reasonable grounds to believe the arrested person was driving or in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drug, or both;
(ii) That pursuant to RCW 46.20.308 a test of the person's alcohol concentration was administered;
(iii) That the test indicated that the person's alcohol concentration was 0.10 or higher; and
(iv) Any other information that the department may require by rule.
(3) Upon receipt of a sworn statement under subsection (2) of this section, the department shall suspend, revoke, or deny the person's license, permit, or driving privilege, or shall issue a probationary license, effective beginning thirty days from the date of the arrest or beginning when the suspension, revocation, denial, or issuance is sustained at a hearing pursuant to subsection (5) of this section, whichever occurs first. The suspension, revocation, or denial, or issuance of a probationary license, shall be as follows:
(a) Upon receipt of a first sworn statement, issuance of a probationary license under section 8 of this act;
(b) Upon receipt of a second or subsequent statement indicating an arrest date that is within five years of the arrest date indicated by a previous statement, revocation for two years.
(4) A person receiving notification under subsection (2) of this section may, within five days after his or her arrest, request a hearing before the department under subsection (5) of this section. The request shall be in writing. If the request is mailed, it must be postmarked within five days after the arrest.
(5) Upon timely receipt of a request under subsection (4) of this section, the department shall afford the person an opportunity for a hearing. Except as otherwise provided in this section, the hearing is subject to and shall be scheduled and conducted in accordance with RCW 46.20.329 and 46.20.332. The hearing shall be conducted in the county of arrest and within thirty days following the arrest, unless otherwise agreed to by the department and the person. The hearing shall cover the issues of:
(a) Whether the law enforcement officer had reasonable grounds to believe the person was driving or in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor;
(b) Whether the test of the person's alcohol concentration was administered in accordance with RCW 46.20.308; and
(c) Whether the test indicated that the person's alcohol concentration was 0.10 or higher.
(6) If the suspension, revocation, or denial, or issuance of a probationary license, is sustained after a hearing conducted under subsection (5) of this section, the person affected may file a petition in the superior court of the county of arrest seeking review as provided in RCW 46.20.334.
(7) The period of any suspension, revocation, or denial imposed under this section shall run consecutively to the period of any suspension, revocation, or denial imposed pursuant to a criminal conviction arising out of the same incident. A suspension, revocation, or denial imposed under this section shall be stayed if the person is accepted for deferred prosecution as provided in chapter 10.05 RCW for the incident upon which the suspension, revocation, or denial is based. If the deferred prosecution is terminated, the stay shall be lifted and the suspension, revocation, or denial reinstated. If the deferred prosecution is completed, the stay shall be lifted and the suspension, revocation, or denial canceled.
(8) If the suspension, revocation, denial, or issuance is sustained after such a hearing, the person whose license, privilege, or permit is suspended, revoked, or denied, or who has been issued a probationary license, has the right to file a petition in the superior court of the county of arrest to review the final order of suspension, revocation, denial, or issuance by the department in the manner provided in RCW 46.20.334.
(9) When it has been finally determined under the procedures of this section that a nonresident's privilege to operate a motor vehicle in this state has been suspended, revoked, or denied, the department shall give information in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he or she has a license.
Sec. 13. RCW 46.20.308 and 1989 c 337 s 8 are each amended to read as follows:
(1) Any person who operates a motor vehicle within this state is deemed to have given consent, subject to the provisions of RCW 46.61.506, to a test or tests of his or her breath or blood for the purpose of determining the alcoholic content of his or her breath or blood if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor.
(2) The test or tests of breath shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving or in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor. However, in those instances where: (a) The person is incapable due to physical injury, physical incapacity, or other physical limitation, of providing a breath sample; or (b) as a result of a traffic accident the person is being treated for a medical condition in a hospital, clinic, doctor's office, or other similar facility in which a breath testing instrument is not present, a blood test shall be administered by a qualified person as provided in RCW 46.61.506(4). The officer shall inform the person ((of his or her right to refuse the breath or blood test, and)) of his or her right to have additional tests administered by any qualified person of his or her choosing as provided in RCW 46.61.506. The officer shall warn the driver ((that)) (a) that refusal to take the test is a crime punishable by a fine and imprisonment; (b) that his or her privilege to drive will be revoked or denied if he or she refuses to submit to the test((, and (b))); (c) that the fact of his or her refusal to take the test may be used as evidence in a criminal trial on charges related to driving or being in physical control of a vehicle while under the influence of alcohol; and (d) that if he or she takes the test his or her privilege to drive may be suspended, revoked, or denied depending on the test results.
(3) Except as provided in this section, the test administered shall be of the breath only. If an individual is unconscious or is under arrest for the crime of vehicular homicide as provided in RCW 46.61.520 or vehicular assault as provided in RCW 46.61.522, or if an individual is under arrest for the crime of driving while under the influence of intoxicating liquor or drugs as provided in RCW 46.61.502, which arrest results from an accident in which another person has been injured and there is a reasonable likelihood that such other person may die as a result of injuries sustained in the accident, a breath or blood test may be administered without the consent of the individual so arrested.
(4) Any person who is dead, unconscious, or who is otherwise in a condition rendering him or her incapable of refusal, shall be deemed not to have withdrawn the consent provided by subsection (1) of this section and the test or tests may be administered, subject to the provisions of RCW 46.61.506, and the person shall be deemed to have received the warnings required under subsection (2) of this section.
(5) If, following his or her arrest and receipt of warnings under subsection (2) of this section, the person arrested refuses upon the request of a law enforcement officer to submit to a test or tests of his or her breath or blood, no test shall be given except as authorized under subsection (3) or (4) of this section.
(6) Refusal to take a test as requested under this section is a gross misdemeanor punishable as provided for in chapter 9A.20 RCW. Regardless of whether criminal charges are filed, the department of licensing, upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor and that the person had refused to submit to the test or tests upon the request of the law enforcement officer after being informed that refusal would result in the revocation of the person's privilege to drive, shall revoke the person's license or permit to drive or any nonresident operating privilege as follows:
(a) Except as otherwise provided in this subsection, for a first refusal for a period of one year;
(b) Except as otherwise provided in this subsection, for a second refusal within five years, for a period of two years;
(c) For a first refusal by a person with a probationary license issued under section 9 of this act, for a period of one year;
(d) For a second refusal within five years when the second refusal occurs while the person has a probationary license issued under section 9 of this act, for a period of three years;
(e) For a first refusal by a person on suspended or revoked status, for a period of two years;
(f) For a second refusal within five years by a person on suspended or revoked status, for a period of three years.
(7) Upon revoking the license or permit to drive or the nonresident operating privilege of any person, the department shall immediately notify the person involved in writing by personal service or by certified mail of its decision and the grounds therefor, and of the person's right to a hearing, specifying the steps he or she must take to obtain a hearing. Within fifteen days after the notice has been given, the person may, in writing, request a formal hearing. Upon receipt of such request, the department shall afford the person an opportunity for a hearing as provided in RCW 46.20.329 and 46.20.332. The hearing shall be conducted in the county of the arrest. For the purposes of this section, the scope of such hearing shall cover the issues of whether a law enforcement officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor, whether the person was placed under arrest, and whether the person refused to submit to the test or tests upon request of the officer after having been informed that such refusal would result in the revocation of the person's privilege to drive. The department shall order that the revocation either be rescinded or sustained. Any decision by the department revoking a person's driving privilege shall be stayed and shall not take effect while a formal hearing is pending as provided in this section or during the pendency of a subsequent appeal to superior court so long as there is no conviction for a moving violation or no finding that the person has committed a traffic infraction that is a moving violation during pendency of the hearing and appeal.
(8) The period of any revocation imposed under this section shall run consecutively to the period of any revocation imposed pursuant to a criminal conviction arising out of the same incident.
(9) If the revocation is sustained after such a hearing, the person whose license, privilege, or permit is revoked has the right to file a petition in the superior court of the county of arrest to review the final order of revocation by the department in the manner provided in RCW 46.20.334.
(((9))) (10) When it has been finally determined under the procedures of this section that a nonresident's privilege to operate a motor vehicle in this state has been revoked, the department shall give information in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he or she has a license.
Sec. 14. RCW 46.01.260 and 1984 c 241 s 1 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, the director, in his or her discretion, may destroy applications for vehicle licenses, copies of vehicle licenses issued, applications for drivers' licenses, copies of issued drivers' licenses, certificates of title and registration or other documents, records or supporting papers on file in his or her office which have been microfilmed or photographed or are more than five years old. If the applications for vehicle licenses are renewal applications, the director may destroy such applications when the computer record thereof has been updated.
(2)(a) The director shall not, within ten years from the date of conviction, adjudication, or entry of deferred prosecution, destroy records of the following:
(i) Convictions or adjudications of the following offenses: RCW 46.61.502, 46.61.504, 46.61.520(1)(a), or 46.61.522(1)(b);
(ii) If the offense was originally charged as one of the offenses designated in (a)(i) of this subsection, convictions or adjudications of the following offenses: RCW 46.61.500 or 46.61.525, or any other violation that was originally charged as one of the offenses designated in (a)(i) of this subsection; or
(iii) Deferred prosecutions granted under RCW 10.05.120.
(b) For purposes of RCW 46.52.100 and 46.52.130, offenses subject to this subsection shall be considered "alcohol-related" offenses.
Sec. 15. RCW 46.52.100 and 1991 c 363 s 123 are each amended to read as follows:
Every district court, municipal court, and clerk of superior court shall keep or cause to be kept a record of every traffic complaint, traffic citation, notice of infraction, or other legal form of traffic charge deposited with or presented to the court or a traffic violations bureau, and shall keep a record of every official action by ((said)) the court or its traffic violations bureau in reference thereto, including but not limited to a record of every conviction, forfeiture of bail, judgment of acquittal, finding that a traffic infraction has been committed, dismissal of a notice of infraction, and the amount of fine, forfeiture, or penalty resulting from every ((said)) traffic complaint, citation, or notice of infraction deposited with or presented to the district court, municipal court, superior court, or traffic violations bureau.
The Monday following the conviction, forfeiture of bail, or finding that a traffic infraction was committed for violation of any provisions of this chapter or other law regulating the operating of vehicles on highways, every ((said)) magistrate of the court or clerk of the court of record in which such conviction was had, bail was forfeited, or the finding made shall prepare and immediately forward to the director of licensing at Olympia an abstract of the record of ((said)) the court covering the case, which abstract must be certified by the person so required to prepare the same to be true and correct. Report need not be made of any finding involving the illegal parking or standing of a vehicle.
((Said)) The abstract must be made upon a form furnished by the director and shall include the name and address of the party charged, the number, if any, of the party's driver's or chauffeur's license, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment, whether the offense was an alcohol-related offense as defined in RCW 46.01.260(2), whether bail forfeited, whether the determination that a traffic infraction was committed was contested, and the amount of the fine, forfeiture, or penalty as the case may be.
Every court of record shall also forward a like report to the director upon the conviction of any person of manslaughter or other felony in the commission of which a vehicle was used.
The failure of any such judicial officer to comply with any of the requirements of this section shall constitute misconduct in office and shall be grounds for removal therefrom.
The director shall keep all abstracts received hereunder at the director's office in Olympia and the same shall be open to public inspection during reasonable business hours.
Venue in all district courts shall be before one of the two nearest district judges in incorporated cities and towns nearest to the point the violation allegedly occurred: PROVIDED, That in counties with populations of one hundred twenty-five thousand or more such cases may be tried in the county seat at the request of the defendant.
It shall be the duty of the officer, prosecuting attorney, or city attorney signing the charge or information in any case involving a charge of driving under the influence of intoxicating liquor or any drug immediately to make request to the director for an abstract of convictions and forfeitures which the director shall furnish.
Sec. 16. RCW 46.52.130 and 1991 c 243 s 1 are each amended to read as follows:
A certified abstract of the driving record shall be furnished only to the individual named in the abstract, an employer, the insurance carrier that has insurance in effect covering the employer or a prospective employer, the insurance carrier that has insurance in effect covering the named individual, the insurance carrier to which the named individual has applied, ((or)) an alcohol/drug assessment or treatment agency approved by the department of social and health services, to which the named individual has applied or been assigned for evaluation or treatment, or city and county prosecuting attorneys. City attorneys and county prosecuting attorneys may provide the driving record to alcohol/drug assessment or treatment agencies approved by the department of social and health services to which the named individual has applied or been assigned for evaluation or treatment. The director, upon proper request, shall furnish a certified abstract covering the period of not more than the last three years to insurance companies((, and)). Upon proper request, the director shall furnish a certified abstract covering a period of not more than the last five years to state approved alcohol/drug assessment or treatment agencies, except that the certified abstract shall also include records of alcohol-related offenses as defined in RCW 46.01.260(2) covering a period of not more than the last ten years. Upon proper request, a certified abstract of the full driving record maintained by the department shall be furnished to a city or county prosecuting attorney, to the individual((s and)) named in the abstract or to an employer((s)) or prospective employer((s)) of the named individual. The abstract, whenever possible, shall include an enumeration of motor vehicle accidents in which the person was driving; the total number of vehicles involved; whether the vehicles were legally parked or moving; whether the vehicles were occupied at the time of the accident; any reported convictions, forfeitures of bail, or findings that an infraction was committed based upon a violation of any motor vehicle law; and the status of the person's driving privilege in this state. The enumeration shall include any reports of failure to appear in response to a traffic citation or failure to respond to a notice of infraction served upon the named individual by an arresting officer. Certified abstracts furnished to prosecutors and alcohol/drug assessment or treatment agencies shall also indicate whether a recorded violation is an alcohol-related offense as defined in RCW 46.01.260(2) that was originally charged as one of the alcohol-related offenses designated in RCW 46.01.260(2)(a)(i).
The abstract provided to the insurance company shall exclude any information, except that related to the commission of misdemeanors or felonies by the individual, pertaining to law enforcement officers or fire fighters as defined in RCW 41.26.030, or any officer of the Washington state patrol, while driving official vehicles in the performance of occupational duty. The abstract provided to the insurance company shall exclude any deferred prosecution under RCW 10.05.060, except that if a person is removed from a deferred prosecution under RCW 10.05.090, the abstract shall show the deferred prosecution as well as the removal.
The director shall collect for each abstract the sum of four dollars and fifty cents which shall be deposited in the highway safety fund.
Any insurance company or its agent receiving the certified abstract shall use it exclusively for its own underwriting purposes and shall not divulge any of the information contained in it to a third party. No policy of insurance may be canceled, nonrenewed, denied, or have the rate increased on the basis of such information unless the policyholder was determined to be at fault. No insurance company or its agent for underwriting purposes relating to the operation of commercial motor vehicles may use any information contained in the abstract relative to any person's operation of motor vehicles while not engaged in such employment, nor may any insurance company or its agent for underwriting purposes relating to the operation of noncommercial motor vehicles use any information contained in the abstract relative to any person's operation of commercial motor vehicles.
Any employer or prospective employer receiving the certified abstract shall use it exclusively for his or her own purpose to determine whether the licensee should be permitted to operate a commercial vehicle or school bus upon the public highways of this state and shall not divulge any information contained in it to a third party.
Any alcohol/drug assessment or treatment agency approved by the department of social and health services receiving the certified abstract shall use it exclusively for the purpose of assisting its employees in making a determination as to what level of treatment, if any, is appropriate. The agency, or any of its employees, shall not divulge any information contained in the abstract to a third party.
Any violation of this section is a gross misdemeanor.
PART VII - DEFERRED PROSECUTION
Sec. 17. RCW 10.05.060 and 1990 c 250 s 13 are each amended to read as follows:
If the report recommends treatment, the court shall examine the treatment plan. If it approves the plan and the petitioner agrees to comply with its terms and conditions and agrees to pay the cost thereof, if able to do so, or arrange for the treatment, an entry shall be made upon the person's court docket showing that the person has been accepted for deferred prosecution. A copy of the treatment plan shall be attached to the docket, which shall then be removed from the regular court dockets and filed in a special court deferred prosecution file. If the charge be one that an abstract of the docket showing the charge, the date of the violation for which the charge was made, and the date of petitioner's acceptance is required to be sent to the department of licensing, an abstract shall be sent, and the department of licensing shall make an entry of the charge and of the petitioner's acceptance for deferred prosecution on the department's driving record of the petitioner. The entry is not a conviction for purposes of Title 46 RCW. Upon receipt of the abstract of the docket, the department shall issue the petitioner a probationary license in accordance with section 8 of this act, and the petitioner's driver's license shall be on probationary status for five years from the date of the violation that gave rise to the charge. The department shall maintain the record for ((five)) ten years from date of entry of the order granting deferred prosecution.
Sec. 18. RCW 10.05.090 and 1985 c 352 s 12 are each amended to read as follows:
If a petitioner, who has been accepted for a deferred prosecution, fails or neglects to carry out and fulfill any term or condition of the petitioner's treatment plan, the facility, center, institution, or agency administering the treatment shall immediately report such breach to the court, the prosecutor, and the petitioner or petitioner's attorney of record, together with its recommendation. The court upon receiving such a report shall hold a hearing to determine whether the petitioner should be removed from the deferred prosecution program. At the hearing, evidence shall be taken of the petitioner's alleged failure to comply with the treatment plan and the petitioner shall have the right to present evidence on his or her own behalf. The court shall either order that the petitioner continue on the treatment plan or be removed from deferred prosecution. If removed from deferred prosecution, the court shall enter judgment pursuant to RCW 10.05.020 and shall notify the department of licensing of the removal.
Sec. 19. RCW 10.05.120 and 1985 c 352 s 15 are each amended to read as follows:
Upon proof of successful completion of the two-year treatment program, the court shall dismiss the charges pending against the petitioner.
((Five years from the date of the court's approval of a deferred prosecution program for an individual petitioner, those entries that remain in the department of licensing records relating to such petitioner shall be removed. A deferred prosecution may be considered for enhancement purposes when imposing mandatory penalties and suspensions under RCW 46.61.515 for subsequent offenses within a five-year period.))
PART VIII - VEHICULAR HOMICIDE
Sec. 20. RCW 9.94A.320 and 1992 c 145 s 4 and 1992 c 75 s 3 are each reenacted and amended to read as follows:
TABLE 2
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
XV Aggravated Murder 1 (RCW 10.95.020)
XIV Murder 1 (RCW 9A.32.030)
Homicide by abuse (RCW 9A.32.055)
XIII Murder 2 (RCW 9A.32.050)
XII Assault 1 (RCW 9A.36.011)
Assault of a Child 1 (RCW 9A.36.120)
XI Rape 1 (RCW 9A.44.040)
Rape of a Child 1 (RCW 9A.44.073)
X Kidnapping 1 (RCW 9A.40.020)
Rape 2 (RCW 9A.44.050)
Rape of a Child 2 (RCW 9A.44.076)
Child Molestation 1 (RCW 9A.44.083)
Damaging building, etc., by explosion with threat to human being (RCW 70.74.280(1))
Over 18 and deliver heroin or narcotic from Schedule I or II to someone under 18 (RCW 69.50.406)
Leading Organized Crime (RCW 9A.82.060(1)(a))
IX Assault of a Child 2 (RCW 9A.36.130)
Robbery 1 (RCW 9A.56.200)
Manslaughter 1 (RCW 9A.32.060)
Explosive devices prohibited (RCW 70.74.180)
Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))
Endangering life and property by explosives with threat to human being (RCW 70.74.270)
Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)
Controlled Substance Homicide (RCW 69.50.415)
Sexual Exploitation (RCW 9.68A.040)
Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))
Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)
VIII Arson 1 (RCW 9A.48.020)
Promoting Prostitution 1 (RCW 9A.88.070)
Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)
Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))
Manufacture, deliver, or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))
Vehicular Homicide, ((by being under the influence of intoxicating liquor or any drug or)) by the operation of any vehicle in a reckless manner (RCW 46.61.520)
VII Burglary 1 (RCW 9A.52.020)
Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)
Introducing Contraband 1 (RCW 9A.76.140)
Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))
Child Molestation 2 (RCW 9A.44.086)
Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)
Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)
Involving a minor in drug dealing (RCW 69.50.401(f))
VI Bribery (RCW 9A.68.010)
Manslaughter 2 (RCW 9A.32.070)
Rape of a Child 3 (RCW 9A.44.079)
Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)
Damaging building, etc., by explosion with no threat to human being (RCW 70.74.280(2))
Endangering life and property by explosives with no threat to human being (RCW 70.74.270)
Incest 1 (RCW 9A.64.020(1))
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) (RCW 69.50.401(a)(1)(i))
Intimidating a Judge (RCW 9A.72.160)
Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))
V Criminal Mistreatment 1 (RCW 9A.42.020)
Rape 3 (RCW 9A.44.060)
Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
Child Molestation 3 (RCW 9A.44.089)
Kidnapping 2 (RCW 9A.40.030)
Extortion 1 (RCW 9A.56.120)
Incest 2 (RCW 9A.64.020(2))
Perjury 1 (RCW 9A.72.020)
Extortionate Extension of Credit (RCW 9A.82.020)
Advancing money or property for extortionate extension of credit (RCW 9A.82.030)
Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)
Rendering Criminal Assistance 1 (RCW 9A.76.070)
Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))
Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))
IV Residential Burglary (RCW 9A.52.025)
Theft of Livestock 1 (RCW 9A.56.080)
Robbery 2 (RCW 9A.56.210)
Assault 2 (RCW 9A.36.021)
Escape 1 (RCW 9A.76.110)
Arson 2 (RCW 9A.48.030)
Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)
Malicious Harassment (RCW 9A.36.080)
Threats to Bomb (RCW 9.61.160)
Willful Failure to Return from Furlough (RCW 72.66.060)
Hit and Run — Injury Accident (RCW 46.52.020(4))
Vehicular Assault (RCW 46.61.522)
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana or methamphetamines) (RCW 69.50.401(a)(1)(ii) through (iv))
Influencing Outcome of Sporting Event (RCW 9A.82.070)
Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))
Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))
III Criminal mistreatment 2 (RCW 9A.42.030)
Extortion 2 (RCW 9A.56.130)
Unlawful Imprisonment (RCW 9A.40.040)
Assault 3 (RCW 9A.36.031)
Assault of a Child 3 (RCW 9A.36.140)
Custodial Assault (RCW 9A.36.100)
Unlawful possession of firearm or pistol by felon (RCW 9.41.040)
Harassment (RCW 9A.46.020)
Promoting Prostitution 2 (RCW 9A.88.080)
Willful Failure to Return from Work Release (RCW 72.65.070)
Burglary 2 (RCW 9A.52.030)
Introducing Contraband 2 (RCW 9A.76.150)
Communication with a Minor for Immoral Purposes (RCW 9.68A.090)
Patronizing a Juvenile Prostitute (RCW 9.68A.100)
Escape 2 (RCW 9A.76.120)
Perjury 2 (RCW 9A.72.030)
Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))
Intimidating a Public Servant (RCW 9A.76.180)
Tampering with a Witness (RCW 9A.72.120)
Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(ii))
Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))
Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))
Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))
Theft of livestock 2 (RCW 9A.56.080)
Securities Act violation (RCW 21.20.400)
II Malicious Mischief 1 (RCW 9A.48.070)
Possession of Stolen Property 1 (RCW 9A.56.150)
Theft 1 (RCW 9A.56.030)
Possession of controlled substance that is either heroin or narcotics from Schedule I or II (RCW 69.50.401(d))
Possession of phencyclidine (PCP) (RCW 69.50.401(d))
Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))
Computer Trespass 1 (RCW 9A.52.110)
Reckless Endangerment 1 (RCW 9A.36.045)
Escape from Community Custody (RCW 72.09.310)
I Theft 2 (RCW 9A.56.040)
Possession of Stolen Property 2 (RCW 9A.56.160)
Forgery (RCW 9A.60.020)
Taking Motor Vehicle Without Permission (RCW 9A.56.070)
Vehicle Prowl 1 (RCW 9A.52.095)
Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)
Malicious Mischief 2 (RCW 9A.48.080)
Reckless Burning 1 (RCW 9A.48.040)
Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))
False Verification for Welfare (RCW 74.08.055)
Forged Prescription (RCW 69.41.020)
Forged Prescription for a Controlled Substance (RCW 69.50.403)
Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine) (RCW 69.50.401(d))
Sec. 21. RCW 46.20.710 and 1987 c 247 s 1 are each amended to read as follows:
The legislature finds and declares:
(1) There is a need to reduce the incidence of drivers on the highways and roads of this state who, because of their use, consumption, or possession of alcohol, pose a danger to the health and safety of other drivers;
(2) One method of dealing with the problem of drinking drivers is to discourage the use of motor vehicles by persons who possess or have consumed alcoholic beverages;
(3) The installation of an ignition interlock breath alcohol device or other biological or technical device will provide a means of deterring the use of motor vehicles by persons who have consumed alcoholic beverages;
(4) Ignition interlock and other biological and technical devices are designed to supplement other methods of punishment that prevent drivers from using a motor vehicle after using, possessing, or consuming alcohol;
(5) It is economically and technically feasible to have an ignition interlock or other biological or technical device installed in a motor vehicle in such a manner that the vehicle will not start if the operator has recently consumed alcohol.
Sec. 22. RCW 46.20.720 and 1987 c 247 s 2 are each amended to read as follows:
The court may order any person convicted of any offense involving the use, consumption, or possession of alcohol while operating a motor vehicle to drive only a motor vehicle equipped with a functioning ignition interlock or other biological or technical device, and the restriction shall be for a period of not less than six months.
The court shall establish a specific calibration setting at which the ignition interlock or other biological or technical device will prevent the motor vehicle from being started and the period of time that the person shall be subject to the restriction.
For purposes of this section, "convicted" means being found guilty of an offense or being placed on a deferred prosecution program under chapter 10.05 RCW.
Sec. 23. RCW 46.20.730 and 1987 c 247 s 3 are each amended to read as follows:
For the purposes of RCW 46.20.720, 46.20.740, and 46.20.750, "ignition interlock device" means breath alcohol analyzed ignition equipment, certified by the state commission on equipment, designed to prevent a motor vehicle from being operated by a person who has consumed an alcoholic beverage, and "other biological or technical device" means any device meeting the standards of the national highway traffic safety administration or the state commission on equipment, designed to prevent the operation of a motor vehicle by a person who is impaired by alcohol or drugs. The commission shall by rule provide standards for the certification, installation, repair, and removal of the devices.
Sec. 24. RCW 46.20.740 and 1987 c 247 s 4 are each amended to read as follows:
The department shall attach or imprint a notation on the driver's license of any person restricted under RCW 46.20.720 stating that the person may operate only a motor vehicle equipped with an ignition interlock or other biological or technical device.
Sec. 25. RCW 46.20.750 and 1987 c 247 s 5 are each amended to read as follows:
A person who knowingly assists another person who is restricted to the use of an ignition interlock or other biological or technical device to start and operate that vehicle in violation of a court order is guilty of a gross misdemeanor.
The provisions of this section do not apply if the starting of a motor vehicle, or the request to start a motor vehicle, equipped with an ignition interlock or other biological or technical device is done for the purpose of safety or mechanical repair of the device or the vehicle and the person subject to the court order does not operate the vehicle.
Sec. 26. RCW 46.61.506 and 1987 c 373 s 4 are each amended to read as follows:
(1) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or any drug, if the ((amount of alcohol in the person's blood or breath at the time alleged as shown by analysis of his blood or breath is less than 0.10 percent by weight of alcohol in his blood or 0.10 grams of alcohol per two hundred ten liters of the person's breath)) person's alcohol concentration is less than 0.10, it is evidence that may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor or any drug.
(2) The breath analysis shall be based upon grams of alcohol per two hundred ten liters of breath. The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was under the influence of intoxicating liquor or any drug.
(3) Analysis of the person's blood or breath to be considered valid under the provisions of this section or RCW 46.61.502 or 46.61.504 shall have been performed according to methods approved by the state toxicologist and by an individual possessing a valid permit issued by the state toxicologist for this purpose. The state toxicologist is directed to approve satisfactory techniques or methods, to supervise the examination of individuals to ascertain their qualifications and competence to conduct such analyses, and to issue permits which shall be subject to termination or revocation at the discretion of the state toxicologist.
(4) When a blood test is administered under the provisions of RCW 46.20.308, the withdrawal of blood for the purpose of determining its alcoholic content may be performed only by a physician, a registered nurse, or a qualified technician. This limitation shall not apply to the taking of breath specimens.
(5) The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his or her own choosing administer one or more tests in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.
(6) Upon the request of the person who shall submit to a test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or her or his or her attorney.
Sec. 27. RCW 46.20.311 and 1993 c 501 s 5 are each amended to read as follows:
(1) The department shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a fixed period of more than one year, except as specifically permitted under RCW 46.20.342 or ((46.61.515)) other provision of law. Except for a suspension under RCW 46.20.289 and 46.20.291(5), whenever the license or driving privilege of any person is suspended by reason of a conviction, a finding that a traffic infraction has been committed, pursuant to chapter 46.29 RCW, or pursuant to RCW 46.20.291, the suspension shall remain in effect until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. The department shall not issue to the person a new, duplicate, or renewal license until the person pays a reissue fee of twenty dollars. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, the reissue fee shall be fifty dollars.
(2) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked, unless the revocation was for a cause which has been removed, is not entitled to have the license or privilege renewed or restored until: (a) After the expiration of one year from the date the license or privilege to drive was revoked; (b) after the expiration of the applicable revocation period provided by RCW ((46.61.515(3) (b) or (c))) 46.20.308 or section 5, 6, or 12 of this act; (c) after the expiration of two years for persons convicted of vehicular homicide; or (d) ((after the expiration of one year in cases of revocation for the first refusal within five years to submit to a chemical test under RCW 46.20.308; (e) after the expiration of two years in cases of revocation for the second or subsequent refusal within five years to submit to a chemical test under RCW 46.20.308; or (f))) after the expiration of the applicable revocation period provided by RCW 46.20.265. After the expiration of the appropriate period, the person may make application for a new license as provided by law together with a reissue fee in the amount of twenty dollars, but if the revocation is the result of a violation of RCW 46.20.308, 46.61.502, or 46.61.504 or is the result of administrative action under section 12 of this act, the reissue fee shall be fifty dollars. Except for a revocation under RCW 46.20.265, the department shall not then issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant the privilege of driving a motor vehicle on the public highways, and until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. For a revocation under RCW 46.20.265, the department shall not issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant that person the privilege of driving a motor vehicle on the public highways.
(3) Whenever the driver's license of any person is suspended pursuant to Article IV of the nonresident violators compact or RCW 46.23.020 or 46.20.289 or 46.20.291(5), the department shall not issue to the person any new or renewal license until the person pays a reissue fee of twenty dollars. If the suspension is the result of a violation of the laws of this or any other state, province, or other jurisdiction involving (a) the operation or physical control of a motor vehicle upon the public highways while under the influence of intoxicating liquor or drugs, or (b) the refusal to submit to a chemical test of the driver's blood alcohol content, the reissue fee shall be fifty dollars.
Sec. 28. RCW 46.04.580 and 1990 c 250 s 22 are each amended to read as follows:
"Suspend," in all its forms and unless a different period is specified, means invalidation for any period less than one calendar year and thereafter until reinstatement. ((However, under RCW 46.61.515 the invalidation may last for more than one calendar year.))
Sec. 29. RCW 46.20.391 and 1985 c 407 s 5 are each amended to read as follows:
(1) Any person licensed under this chapter who is convicted of an offense relating to motor vehicles for which suspension or revocation of the driver's license is mandatory, other than vehicular homicide or vehicular assault, may submit to the department an application for an occupational driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is engaged in an occupation or trade that makes it essential that the petitioner operate a motor vehicle, may issue an occupational driver's license and may set definite restrictions as provided in RCW 46.20.394. No person may petition for, and the department shall not issue, an occupational driver's license that is effective during the first thirty days of any suspension or revocation imposed ((under RCW 46.61.515)) for a violation of RCW 46.61.502 or 46.61.504. No person may petition for, and the department shall not issue, an occupational driver's license if the person is ineligible for such a license under section 5 or 6 of this act. A person aggrieved by the decision of the department on the application for an occupational driver's license may request a hearing as provided by rule of the department.
(2) An applicant for an occupational driver's license is eligible to receive such license only if:
(a) Within one year immediately preceding the date of the offense that gave rise to the present conviction, the applicant has not ((been convicted)) committed of any offense relating to motor vehicles for which suspension or revocation of a driver's license is mandatory; and
(b) Within five years immediately preceding the date of the offense that gave rise to the present conviction, the applicant has not ((been convicted of)) committed any of the following offenses: (i) Driving or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor ((under RCW 46.61.502 or 46.61.504, of)); (ii) vehicular homicide under RCW 46.61.520((, or of)); or (iii) vehicular assault under RCW 46.61.522; and
(c) The applicant is engaged in an occupation or trade that makes it essential that he or she operate a motor vehicle; and
(d) The applicant files satisfactory proof of financial responsibility pursuant to chapter 46.29 RCW.
(3) The director shall cancel an occupational driver's license upon receipt of notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, or of an offense that pursuant to chapter 46.20 RCW would warrant suspension or revocation of a regular driver's license. The cancellation is effective as of the date of the conviction, and continues with the same force and effect as any suspension or revocation under this title.
Sec. 30. RCW 5.40.060 and 1987 c 212 s 1001 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, it is a complete defense to an action for damages for personal injury or wrongful death that the person injured or killed was under the influence of intoxicating liquor or any drug at the time of the occurrence causing the injury or death and that such condition was a proximate cause of the injury or death and the trier of fact finds such person to have been more than fifty percent at fault. The standard for determining whether a person was under the influence of intoxicating liquor or drugs shall be the same standard established for criminal convictions under RCW 46.61.502, and evidence that a person was under the influence of intoxicating liquor or drugs under the standard established by RCW 46.61.502 shall be conclusive proof that such person was under the influence of intoxicating liquor or drugs.
(2) In an action for damages for personal injury or wrongful death that is brought against the driver of a motor vehicle who was under the influence of intoxicating liquor or any drug at the time of the occurrence causing the injury or death and whose condition was a proximate cause of the injury or death, subsection (1) of this section does not create a defense against the action notwithstanding that the person injured or killed was also under the influence so long as such person's condition was not a proximate cause of the occurrence causing the injury or death.
NEW SECTION. Sec. 31. Section 30 of this act is remedial in nature and shall apply retroactively.
NEW SECTION. Sec. 32. A new section is added to chapter 66.44 RCW to read as follows:
(1) No person who is under the influence of liquor to the extent that he or she is significantly impaired shall purchase liquor. For purposes of this section a person is "significantly impaired" if the person has within the previous twelve hours been denied the purchase of liquor on the grounds that the sale would violate RCW 66.44.200, or the person is sufficiently under the influence to present a danger to himself or herself or others, or the person is in danger of losing consciousness from further ingestion of liquor.
(2) A violation of this section is a misdemeanor punishable by a fine of not more than five hundred dollars.
(3) A defendant's intoxication may not be used as a defense in a prosecution under this section.
(4) Notice of the prohibition against the purchase of liquor that is provided for by this section shall be posted conspicuously in every establishment that sells liquor.
Sec. 33. RCW 46.55.113 and 1987 c 311 s 10 are each amended to read as follows:
Whenever the driver of a vehicle is arrested for a violation of RCW 46.61.502 or 46.61.504, the arresting officer may take custody of the vehicle and provide for its prompt removal to a place of safety. In addition, a police officer may take custody of a vehicle and provide for its prompt removal to a place of safety under any of the following circumstances:
(1) Whenever a police officer finds a vehicle standing upon the roadway in violation of any of the provisions of RCW 46.61.560, the officer may provide for the removal of the vehicle or require the driver or other person in charge of the vehicle to move the vehicle to a position off the roadway;
(2) Whenever a police officer finds a vehicle unattended upon a highway where the vehicle constitutes an obstruction to traffic or jeopardizes public safety;
(3) Whenever a police officer finds an unattended vehicle at the scene of an accident or when the driver of a vehicle involved in an accident is physically or mentally incapable((, or too intoxicated, to decide)) of deciding upon steps to be taken to protect his or her property;
(4) Whenever the driver of a vehicle is arrested and taken into custody by a police officer((, and the driver, because of intoxication or otherwise, is mentally incapable of deciding upon steps to be taken to safeguard his or her property));
(5) Whenever a police officer discovers a vehicle that the officer determines to be a stolen vehicle;
(6) Whenever a vehicle without a special license plate, card, or decal indicating that the vehicle is being used to transport a disabled person under RCW 46.16.381 is parked in a stall or space clearly and conspicuously marked under RCW 46.61.581 which space is provided on private property without charge or on public property.
Nothing in this section may derogate from the powers of police officers under the common law. For the purposes of this section, a place of safety may include the business location of a registered tow truck operator.
NEW SECTION. Sec. 34. A new section is added to chapter 46.61 RCW to read as follows:
The state of Washington hereby fully occupies and preempts the entire field of regulating driving or being in physical control of a vehicle while under the influence of intoxicating liquor or any drug within the boundaries of the state. No jurisdiction may enact a law or ordinance that is different from, inconsistent with, more restrictive than, or less restrictive than state law in this field, and any such law or ordinance in existence on the effective date of this section is preempted and repealed, regardless of the nature of the code, charter, or home rule status of the town, city, county, or other jurisdiction that enacted the law or ordinance.
Sec. 35. RCW 46.63.020 and 1993 c 501 s 8 are each amended to read as follows:
Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:
(1) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;
(2) RCW 46.09.130 relating to operation of nonhighway vehicles;
(3) RCW 46.10.090(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit- forming drugs or in a manner endangering the person of another;
(4) RCW 46.10.130 relating to the operation of snowmobiles;
(5) Chapter 46.12 RCW relating to certificates of ownership and registration;
(6) RCW 46.16.010 relating to initial registration of motor vehicles;
(7) RCW 46.16.011 relating to permitting unauthorized persons to drive;
(8) RCW 46.16.160 relating to vehicle trip permits;
(9) RCW 46.16.381 (6) or (((8))) (9) relating to unauthorized use or acquisition of a special placard or license plate for disabled persons' parking;
(10) RCW 46.20.021 relating to driving without a valid driver's license;
(11) RCW 46.20.308 relating to refusal to submit to a breath or blood alcohol test;
(12) RCW 46.20.336 relating to the unlawful possession and use of a driver's license;
(((12))) (13) RCW 46.20.342 relating to driving with a suspended or revoked license or status;
(((13))) (14) RCW 46.20.410 relating to the violation of restrictions of an occupational driver's license;
(((14))) (15) RCW 46.20.420 relating to the operation of a motor vehicle with a suspended or revoked license;
(((15))) (16) RCW 46.20.750 relating to assisting another person to start a vehicle equipped with an ignition interlock device;
(((16))) (17) RCW 46.25.170 relating to commercial driver's licenses;
(((17))) (18) Chapter 46.29 RCW relating to financial responsibility;
(((18))) (19) RCW 46.30.040 relating to providing false evidence of financial responsibility;
(((19))) (20) RCW 46.37.435 relating to wrongful installation of sunscreening material;
(((20))) (21) RCW 46.44.180 relating to operation of mobile home pilot vehicles;
(((21))) (22) RCW 46.48.175 relating to the transportation of dangerous articles;
(((22))) (23) RCW 46.52.010 relating to duty on striking an unattended car or other property;
(((23))) (24) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;
(((24))) (25) RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;
(((25))) (26) RCW 46.52.100 relating to driving under the influence of liquor or drugs;
(((26))) (27) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company, an employer, and an alcohol/drug assessment or treatment agency;
(((27))) (28) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;
(((28))) (29) RCW 46.55.035 relating to prohibited practices by tow truck operators;
(((29))) (30) RCW 46.61.015 relating to obedience to police officers, flagmen, or fire fighters;
(((30))) (31) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;
(((31))) (32) RCW 46.61.022 relating to failure to stop and give identification to an officer;
(((32))) (33) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;
(((33))) (34) RCW 46.61.500 relating to reckless driving;
(((34))) (35) RCW 46.61.502 and 46.61.504 and sections 4, 5, and 6 of this act relating to persons under the influence of intoxicating liquor or drugs;
(((35))) (36) RCW 46.61.520 relating to vehicular homicide by motor vehicle;
(((36))) (37) RCW 46.61.522 relating to vehicular assault;
(((37))) (38) RCW 46.61.525 relating to negligent driving;
(((38))) (39) RCW 46.61.530 relating to racing of vehicles on highways;
(((39))) (40) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;
(((40))) (41) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;
(((41))) (42) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;
(((42))) (43) Chapter 46.65 RCW relating to habitual traffic offenders;
(((43))) (44) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter provides for the assessment of monetary penalties of a civil nature;
(((44))) (45) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;
(((45))) (46) Chapter 46.80 RCW relating to motor vehicle wreckers;
(((46))) (47) Chapter 46.82 RCW relating to driver's training schools;
(((47))) (48) RCW 46.87.260 relating to alteration or forgery of a cab card, letter of authority, or other temporary authority issued under chapter 46.87 RCW;
(((48))) (49) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW.
Sec. 36. RCW 3.62.090 and 1986 c 98 s 4 are each amended to read as follows:
(1) There shall be assessed and collected in addition to any fines, forfeitures, or penalties assessed, other than for parking infractions, by all courts organized under Title 3 or 35 RCW a public safety and education assessment equal to sixty percent of such fines, forfeitures, or penalties, which shall be remitted as provided in chapters 3.46, 3.50, 3.62, and 35.20 RCW. The assessment required by this section shall not be suspended or waived by the court.
(2) There shall be assessed and collected in addition to any fines, forfeitures, or penalties assessed, other than for parking infractions and for fines levied under ((RCW 46.61.515)) sections 4, 5, and 6 of this act, and in addition to the public safety and education assessment required under subsection (1) of this section, by all courts organized under Title 3 or 35 RCW, an additional public safety and education assessment equal to fifty percent of the public safety and education assessment required under subsection (1) of this section, which shall be remitted to the state treasurer and deposited as provided in RCW 43.08.250. The additional assessment required by this subsection shall not be suspended or waived by the court.
Sec. 37. RCW 10.05.120 and 1985 c 352 s 15 are each amended to read as follows:
Upon proof of successful completion of the two-year treatment program, the court shall dismiss the charges pending against the petitioner.
Five years from the date of the court's approval of a deferred prosecution program for an individual petitioner, those entries that remain in the department of licensing records relating to such petitioner shall be removed. A deferred prosecution may be considered for enhancement purposes when imposing mandatory penalties and suspensions under ((RCW 46.61.515)) sections 4, 5, and 6 of this act for subsequent offenses within a five-year period.
Sec. 38. RCW 35.21.165 and 1983 c 165 s 40 are each amended to read as follows:
Except as limited by the maximum penalties authorized by law, no city or town may establish a penalty for an act that constitutes the crime of driving while under the influence of intoxicating liquor or any drug, as provided in RCW 46.61.502, or the crime of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, as provided in RCW 46.61.504, that is less than the penalties prescribed for those crimes in ((RCW 46.61.515)) sections 4, 5, and 6 of this act.
Sec. 39. RCW 36.32.127 and 1983 c 165 s 41 are each amended to read as follows:
No county may establish a penalty for an act that constitutes the crime of driving while under the influence of intoxicating liquor or any drug, as provided for in RCW 46.61.502, or the crime of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, as provided in RCW 46.61.504, that is less than the penalties prescribed for those crimes in ((RCW 46.61.515)) sections 4, 5, and 6 of this act.
Sec. 40. RCW 46.04.480 and 1988 c 148 s 8 are each amended to read as follows:
"Revoke," in all its forms, means the invalidation for a period of one calendar year and thereafter until reissue: PROVIDED, That under the provisions of RCW 46.20.285, 46.20.311, 46.20.265, ((or 46.61.515)) section 4, 5, or 6 of this act, and chapter 46.65 RCW the invalidation may last for a period other than one calendar year.
Sec. 41. RCW 46.61.5151 and 1983 c 165 s 33 are each amended to read as follows:
A sentencing court may allow persons convicted of violating RCW 46.61.502 or 46.61.504 to fulfill the terms of the sentence provided in ((RCW 46.61.515 (1) or (2))) section 4, 5, or 6 of this act in nonconsecutive or intermittent time periods. However, ((the first twenty-four hours of any sentence under RCW 46.61.515(1) and the first forty-eight hours of any sentence under RCW 46.61.515(2))) any mandatory minimum sentence under section 4, 5, or 6 of this act shall be served consecutively unless suspended or deferred as otherwise provided by law.
Sec. 42. RCW 46.61.5152 and 1992 c 64 s 1 are each amended to read as follows:
In addition to penalties that may be imposed under ((RCW 46.61.515)) section 4, 5, or 6 of this act, the court may require a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 or who enters a deferred prosecution program under RCW 10.05.020 based on a violation of RCW 46.61.502 or 46.61.504, to attend an educational program focusing on the emotional, physical, and financial suffering of victims who were injured by persons convicted of driving while under the influence of intoxicants.
NEW SECTION. Sec. 43. The following acts or parts of acts are each repealed:
(1) RCW 46.61.515 and 1993 c 501 s 7, 1993 c 239 s 1, 1985 c 352 s 1, 1984 c 258 s 328, 1983 c 165 s 21, 1983 c 150 s 1, 1982 1st ex.s. c 47 s 27, 1979 ex.s. c 176 s 6, 1977 ex.s. c 3 s 3, 1975 1st ex.s. c 287 s 2, 1974 ex.s. c 130 s 1, 1971 ex.s. c 284 s 1, 1967 c 32 s 68, & 1965 ex.s. c 155 s 62; and
(2) 1993 c 239 s 3 (uncodified).
NEW SECTION. Sec. 44. This act shall be known as the "1994 Omnibus Drunk Driving Act."
NEW SECTION. Sec. 45. Section 7 of this act shall expire June 30, 1995.
NEW SECTION. Sec. 46. Part headings and the table of contents as used in this act do not constitute any part of the law.
NEW SECTION. Sec. 47. This act shall take effect July 1, 1994."
Signed by Representatives Appelwick, Chair; Johanson, Vice Chair; Padden, Ranking Minority Member; Ballasiotes, Assistant Ranking Minority Member; Campbell; Chappell; Eide; Forner; J. Kohl; Long; Morris; H. Myers; Riley; Schmidt; Scott and Tate.
MINORITY recommendation: Do not pass. Signed by Representative Wineberry.
Passed to Committee on Rules for second reading.
February 25, 1994
SSB 6051 Prime Sponsor, Committee on Law & Justice: Providing for speed measuring device expert testimony. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass with the following amendment:
On page 2, line 4, after "expert" insert ", but if the defendant is not found to have committed the violation, the judge shall impose the witness fee upon the prosecutor"
Signed by Representatives Appelwick, Chair; Johanson, Vice Chair; Padden, Ranking Minority Member; Ballasiotes, Assistant Ranking Minority Member; Chappell; Eide; Forner; J. Kohl; Long; Morris; H. Myers; Riley; Schmidt; Scott; Tate and Wineberry.
MINORITY recommendation: Without recommendation. Signed by Representative Campbell.
Passed to Committee on Rules for second reading.
February 24, 1994
2SSB 6053 Prime Sponsor, Committee on Ways & Means: Modifying procedure for providing assistance to county assessors. Reported by Committee on Local Government
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 36.21.011 and 1973 1st ex.s. c 11 s 1 are each amended to read as follows:
(1) Any assessor who deems it necessary to enable ((him)) the assessor to complete the listing and the valuation of the property of ((his)) the county within the time prescribed by law, (((1))) (a) may appoint one or more well qualified persons to act as ((his)) assistants or deputies who shall not engage in the private practice of appraising within the county in which he or she is employed without the written permission of the county assessor filed with the county auditor; and each such assistant or deputy so appointed shall, under the direction of the assessor, after taking the required oath, be authorized to perform all the duties enjoined upon, vested in or imposed upon assessors, and (((2))) (b) may contract with any persons, firms or corporations, who are expert appraisers, to assist in the valuation of property.
(2) To assist each assessor in obtaining adequate and well qualified assistants or deputies, the state department of personnel, after consultation with the Washington state association of county assessors, the Washington state association of counties, and the department of revenue, shall establish ((by July 1, 1967,)) and ((shall thereafter)) maintain((,)) a classification and salary plan for those employees of an assessor who act as appraisers. The plan shall recommend the salary range and employment qualifications for each position encompassed by it, and shall, to the fullest extent practicable, conform to the classification plan, salary schedules and employment qualifications for state employees performing similar appraisal functions.
((If an assessor intends to put such plan into effect in his county, he)) (3) An assessor may request a committee be formed to determine the level and duration of funding necessary to complete the listing and the valuation of the property of the county within the time prescribed by law and shall inform the department of revenue and the ((board of)) county ((commissioners)) legislative authority and county executive, if any, of this ((intent)) request in writing. ((The department of revenue and the board may thereupon each designate a representative, and such representative or representatives as may be designated by the department of revenue or the board, or both, shall form with the assessor a committee. The committee so formed may, by unanimous vote only, determine the required number of certified appraiser positions and their salaries necessary to enable the county assessor to carry out the requirements relating to revaluation of property in chapter 84.41 RCW. The determination of the committee shall be certified to the board of county commissioners. The committee provided for herein may be formed only once in a period of four calendar years.
After such determination, the assessor may provide, in each of his four next succeeding annual budget estimates, for as many positions as are established in such determination. Each board of county commissioners to which such a budget estimate is submitted shall allow sufficient funds for such positions. An employee may be appointed to a position covered by the plan only if the employee meets the employment qualifications established by the plan.)) The department shall reply to the assessor in writing, with a copy provided to the county legislative authority and county executive, if any, indicating whether the department will participate in forming a committee to study the assessor's request. Thereafter, in its discretion, the department may designate a representative who, together with a designated member of the county legislative authority and the assessor, shall form the committee.
(4) The committee shall meet for the purpose of reviewing the assessor's request and make unanimous findings and recommendations to determine the level of funding and the duration of funding with respect to appraisers, support staff, computer equipment and software, and other resources, necessary for the assessor to adequately maintain and complete the county revaluation program and list and value personal property within the time required by law and to place new construction on the assessment rolls on a regular annual basis.
(5) Within sixty days of the first meeting of the committee, or such additional time as may be determined by the committee, the representative of the department of revenue shall report the committee's unanimous findings and recommendations to the director of the department of revenue or his or her designee. The representative of the department shall also make recommendations regarding any unresolved issues, which shall be decided by the director or his or her designee.
(6) The department shall prepare a contract in accordance with the findings and recommendations of the committee and the decisions of the director or his or her designee to be signed by the assessor and the county legislative authority. The contract shall include the following provisions:
(a) A specified level of funding for a specified number of years to be provided on an annual basis to the assessor's office by the county legislative authority;
(b) Assurance by the assessor that the funds will be used in accordance with the findings and recommendations of the committee and the decisions of the director or his or her designee so as to adequately maintain and complete the county revaluation program within the time required by law and to place new construction on the assessment rolls on a regular annual basis;
(c) A procedure for the county legislative authority to request evaluation by the department of revenue of the assessor's performance under the terms of the contract; and
(d) A provision that the county legislative authority is not obligated to continue to provide the specified funding level if the evaluation by the department of revenue concludes that the assessor is not meeting the contract requirements.
(7) The county legislative authority may request a loan under the provisions of section 2 of this act to assist in carrying out the provisions of the contract described in subsection (6) of this section. If insufficient funding exists to make the loan, the county making the request may delay implementation of the plan until such a loan can be made available.
NEW SECTION. Sec. 2. A new section is added to chapter 36.21 RCW to read as follows:
(1) The assessors' assistance fund is created in the custody of the state treasurer. The fund may be used only for making loans to counties in accordance with the provisions of RCW 36.21.011. All receipts from repayment to the fund and interest on the loans from the fund shall be deposited into the fund. Only the director of the department of revenue or the director's designee may authorize expenditures from the fund. The fund is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.
(2) All loans made from the assessors' assistance fund shall be made subject to the availability of funds and repaid from any fund under the control of the county legislative authority by the county receiving the loan in accordance with a schedule established by the department of revenue in consultation with the county legislative authority. Interest on the outstanding balance of the loan shall accrue at the rate specified in RCW 84.69.100 in effect on the date of the loan and continue at that rate until paid in full.
NEW SECTION. Sec. 3. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1994, in the omnibus appropriations act, this act shall be null and void.
NEW SECTION. Sec. 4. The department of revenue shall adopt rules consistent with chapter 34.05 RCW and the provisions of this chapter as necessary or desirable to permit the effective administration of this chapter.
NEW SECTION. Sec. 5. This act shall take effect July 1, 1994."
Signed by Representatives H. Myers, Chair; Springer, Vice Chair; Edmondson, Ranking Minority Member; Reams, Assistant Ranking Minority Member; Dunshee; R. Fisher; Horn; Moak; Rayburn; Van Luven and Zellinsky.
Referred to Committee on Revenue.
February 25, 1994
SB 6055 Prime Sponsor, Loveland: Making the minimum salary for county coroners consistent with the salaries of other full time county officials. Reported by Committee on Local Government
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 36.17.020 and 1991 c 363 s 52 are each amended to read as follows:
The county legislative authority of each county is authorized to establish the salaries of the elected officials of the county. One-half of the salary of each prosecuting attorney shall be paid by the state. The annual salary of a county elected official shall not be less than the following:
(1) In each county with a population of one million or more: Auditor, clerk, treasurer, sheriff, members of the county legislative authority, and coroner, eighteen thousand dollars; assessor, nineteen thousand dollars; and prosecuting attorney, thirty thousand three hundred dollars;
(2) In each county with a population of from two hundred ten thousand to less than one million: Auditor, seventeen thousand six hundred dollars; clerk, seventeen thousand six hundred dollars; treasurer, seventeen thousand six hundred dollars; sheriff, nineteen thousand five hundred dollars; assessor, seventeen thousand six hundred dollars; prosecuting attorney, twenty-four thousand eight hundred dollars; members of the county legislative authority, nineteen thousand five hundred dollars; and coroner, ((sixteen)) seventeen thousand ((five)) six hundred dollars;
(3) In each county with a population of from one hundred twenty-five thousand to less than two hundred ten thousand: Auditor, sixteen thousand dollars; clerk, sixteen thousand dollars; treasurer, sixteen thousand dollars; sheriff, seventeen thousand six hundred dollars; assessor, sixteen thousand dollars; prosecuting attorney, twenty-four thousand eight hundred dollars; members of the county legislative authority, seventeen thousand six hundred dollars; and coroner, ((eight)) sixteen thousand ((eight hundred)) dollars;
(4) In each county with a population of from seventy thousand to less than one hundred twenty-five thousand: Auditor, fourteen thousand nine hundred dollars; clerk, fourteen thousand nine hundred dollars; treasurer, fourteen thousand nine hundred dollars; assessor, fourteen thousand nine hundred dollars; sheriff, fourteen thousand nine hundred dollars; prosecuting attorney, twenty-three thousand seven hundred dollars; members of the county legislative authority, fourteen thousand nine hundred dollars; and coroner, ((five)) fourteen thousand ((five)) nine hundred dollars;
(5) In each county with a population of from forty thousand to less than seventy thousand: Auditor, thirteen thousand eight hundred dollars; clerk, thirteen thousand eight hundred dollars; treasurer, thirteen thousand eight hundred dollars; assessor, thirteen thousand eight hundred dollars; sheriff, thirteen thousand eight hundred dollars; prosecuting attorney, twenty-three thousand seven hundred dollars; members of the county legislative authority, thirteen thousand eight hundred dollars; and coroner, ((four)) thirteen thousand eight hundred dollars;
(6) In each county with a population of from eighteen thousand to less than forty thousand: Auditor, twelve thousand one hundred dollars; clerk, twelve thousand one hundred dollars; treasurer, twelve thousand one hundred dollars; sheriff, twelve thousand one hundred dollars; assessor, twelve thousand one hundred dollars; prosecuting attorney in such a county in which there is no state university or college, fourteen thousand three hundred dollars; in such a county in which there is a state university or college, sixteen thousand five hundred dollars; and members of the county legislative authority, eleven thousand dollars;
(7) In each county with a population of from twelve thousand to less than eighteen thousand: Auditor, ten thousand one hundred dollars; clerk, ten thousand one hundred dollars; treasurer, ten thousand one hundred dollars; assessor, ten thousand one hundred dollars; sheriff, eleven thousand two hundred dollars; prosecuting attorney, thirteen thousand two hundred dollars; and members of the county legislative authority, nine thousand four hundred dollars;
(8) In each county with a population of from eight thousand to less than twelve thousand: Auditor, ten thousand one hundred dollars; clerk, ten thousand one hundred dollars; treasurer, ten thousand one hundred dollars; assessor, ten thousand one hundred dollars; sheriff, eleven thousand two hundred dollars; prosecuting attorney, nine thousand nine hundred dollars; and members of the county legislative authority, seven thousand dollars;
(9) In each county with a population of from five thousand to less than eight thousand: Auditor, nine thousand one hundred dollars; clerk, nine thousand one hundred dollars; treasurer, nine thousand one hundred dollars; assessor, nine thousand one hundred dollars; sheriff, ten thousand five hundred dollars; prosecuting attorney, nine thousand nine hundred dollars; and members of the county legislative authority, six thousand five hundred dollars;
(10) In each other county: Auditor, nine thousand one hundred dollars; clerk, nine thousand one hundred dollars; treasurer, nine thousand one hundred dollars; sheriff, ten thousand five hundred dollars; assessor, nine thousand one hundred dollars; prosecuting attorney, nine thousand nine hundred dollars; and members of the county legislative authority, six thousand five hundred dollars.
NEW SECTION. Sec. 2. A new section is added to chapter 36.17 RCW to read as follows:
The county legislative authority of each county is authorized to establish the salaries of the elected officials of the county. One-half of the salary of each prosecuting attorney shall be paid by the state. This section shall take effect on January 1, 1996.
Sec. 3. RCW 36.17.042 and 1977 c 42 s 1 are each amended to read as follows:
In addition to the pay periods permitted under RCW 36.17.040, the legislative authority of any county may establish a biweekly pay period where county officers and employees receive their compensation not later than seven days following the end of each two week pay period for services rendered during that pay period.
However, in a county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW, the county legislative authority may establish a biweekly pay period where the county officers and employees receive their compensation not later than thirteen days following the end of each two-week pay period for services rendered during that pay period.
Sec. 4. RCW 65.04.090 and Code 1881 s 2732 are each amended to read as follows:
((He)) The auditor must also endorse upon such instrument, paper, or notice, the time when and the book and page in which it is recorded, and must thereafter ((deliver it)), upon request of the person delivering the document, return the document, at the auditor's discretion, to either the party leaving the same for record((,)) or to ((his order)) that party's designee.
Sec. 5. RCW 70.08.040 and 1985 c 124 s 4 are each amended to read as follows:
Notwithstanding any provisions to the contrary contained in any city or county charter, where a combined department is established under this chapter, the director of public health under this chapter shall be appointed by the county executive of the county and the mayor of the city ((for a term of four years and until a successor is appointed and confirmed. The director of public health may be reappointed by the county executive of the county and the mayor of the city for additional four year terms)). The appointment shall be effective only upon a majority vote confirmation of the legislative authority of the county and the legislative authority of the city. The director may be removed by the county executive of the county, after consultation with the mayor of the city, upon filing a statement of reasons therefor with the legislative authorities of the county and the city.
NEW SECTION. Sec. 6. RCW 36.17.020 and 1994 c . . . s 1 (section 1 of this act), 1991 c 363 s 52, 1973 1st ex.s. c 88 s 2, 1971 ex.s. c 237 s 1, 1969 ex.s. c 226 s 1, 1967 ex.s. c 77 s 2, 1967 c 218 s 3, 1963 c 164 s 1, & 1963 c 4 s 36.17.020 are each repealed on January 1, 1996."
Signed by Representatives H. Myers, Chair; Springer, Vice Chair; Edmondson, Ranking Minority Member; Reams, Assistant Ranking Minority Member; Dunshee; R. Fisher; Horn; Moak; Rayburn and Zellinsky.
MINORITY recommendation: Do not pass. Signed by Representative Van Luven.
Passed to Committee on Rules for second reading.
February 25, 1994
ESB 6057 Prime Sponsor, Ludwig: Strengthening restrictions on aliens carrying firearms. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 9.41.170 and 1979 c 158 s 3 are each amended to read as follows:
((It shall be unlawful for any person who is not a citizen of the United States, or who has not declared his intention to become a citizen of the United States, to carry or have in his possession at any time any shotgun, rifle, or other firearm, without first having obtained a license from the director of licensing, and such license is not to be issued by the director of licensing except upon the certificate of the consul domiciled in the state and representing the country of such alien, that he is a responsible person and upon the payment for the license of the sum of fifteen dollars: PROVIDED, That)) (1) It is a class C felony for any person who is not a citizen of the United States to carry or possess any firearm, without first having obtained an alien firearm license from the director of licensing. Except as provided in subsection (2) of this section, the director of licensing may issue an alien firearm license only upon receiving from the consul domiciled in this state representing the country of the alien, a certified copy of the alien's criminal history in the alien's country indicating the alien is not ineligible under RCW 9.41.040 to own, possess, or control a firearm, and the consul's attestation that the alien is a responsible person.
(2)(a) Subject to the additional requirements of (b) of this subsection, the director of licensing may issue an alien firearm license without a certified copy of the alien's criminal history or the consul's attestation required by subsection (1) of this section, if the alien has been a resident of this state for at least two years and: (i) The alien is from a country without a consul domiciled within this state, or (ii) the consul has failed to provide, within ninety days after a request by the alien, the criminal history or attestation required by subsection (1) of this section.
(b) Before issuing an alien firearm license under this subsection (2), the director of licensing shall ask the local law enforcement agency of the jurisdiction in which the alien resides to complete a background check to determine the alien's eligibility under RCW 9.41.040 to own, possess, or control a firearm. The law enforcement agency shall complete a background check within thirty days after the request, unless the alien does not have a valid Washington driver's license or Washington state identification card. In the latter case, the law enforcement agency shall complete the background check within sixty days after the request.
A signed application for an alien firearm license shall constitute a waiver of confidentiality and written request that the department of social and health services, mental health institutions, and other health care facilities release information relevant to the applicant's eligibility for an alien firearm license to an inquiring law enforcement agency.
(3) The fee for an alien firearm license shall be twenty-five dollars, and the license shall be valid for four years from the date of issue.
(4) This section shall not apply to Canadian citizens resident in a province which has an enactment or public policy providing substantially similar privilege to residents of the state of Washington and who are carrying or possessing weapons for the purpose of using them in the hunting of game while such persons are in the act of hunting, or while on a hunting trip, or while such persons are competing in a bona fide trap or skeet shoot or any other organized contest where rifles, pistols, or shotguns are used ((as to weapons used in such contest)). Nothing in this section shall be construed to allow aliens to hunt or fish in this state without first having obtained a regular hunting or fishing license. ((Any person violating the provisions of this section shall be guilty of a misdemeanor.))
Sec. 2. RCW 9.41.070 and 1992 c 168 s 1 are each amended to read as follows:
(1) The judge of a court of record, the chief of police of a municipality, or the sheriff of a county, shall within thirty days after the filing of an application of any person issue a license to such person to carry a pistol concealed on his or her person within this state for four years from date of issue, for the purposes of protection or while engaged in business, sport, or while traveling. However, if the applicant does not have a valid permanent Washington driver's license or Washington state identification card or has not been a resident of the state for the previous consecutive ninety days, the issuing authority shall have up to sixty days after the filing of the application to issue a license. Such applicant's constitutional right to bear arms shall not be denied, unless he or she:
(a) Is ineligible to own a pistol under the provisions of RCW 9.41.040; or
(b) Is under twenty-one years of age; or
(c) Is subject to a court order or injunction regarding firearms pursuant to RCW 10.99.040, 10.99.045, or 26.09.060; or
(d) Is free on bond or personal recognizance pending trial, appeal, or sentencing for a crime of violence; or
(e) Has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor; or
(f) Has been ordered to forfeit a firearm under RCW 9.41.098(1)(d) within one year before filing an application to carry a pistol concealed on his or her person; or
(g) Has been convicted of any of the following offenses: Assault in the third degree, indecent liberties, malicious mischief in the first degree, possession of stolen property in the first or second degree, or theft in the first or second degree. Any person who becomes ineligible for a concealed pistol permit as a result of a conviction for a crime listed in this subsection (1)(g) and then successfully completes all terms of his or her sentence, as evidenced by a certificate of discharge issued under RCW 9.94A.220 in the case of a sentence under chapter 9.94A RCW, and has not again been convicted of any crime and is not under indictment for any crime, may, one year or longer after such successful sentence completion, petition the district court for a declaration that the person is no longer ineligible for a concealed pistol permit under this subsection (1)(g).
(2) Any person whose firearms rights have been restricted and who has been granted relief from disabilities by the secretary of the treasury under 18 U.S.C. Sec. 925(c) or who is exempt under 18 U.S.C. Sec. 921(a)(20) shall have his or her right to acquire, receive, transfer, ship, transport, carry, and possess firearms in accordance with Washington state law restored.
(3) The license shall be revoked by the issuing authority immediately upon conviction of a crime which makes such a person ineligible to own a pistol or upon the third conviction for a violation of this chapter within five calendar years.
(4) Upon an order to forfeit a firearm under RCW 9.41.098(1)(d) the issuing authority shall:
(a) On the first forfeiture, revoke the license for one year;
(b) On the second forfeiture, revoke the license for two years;
(c) On the third or subsequent forfeiture, revoke the license for five years.
Any person whose license is revoked as a result of a forfeiture of a firearm under RCW 9.41.098(1)(d) may not reapply for a new license until the end of the revocation period. The issuing authority shall notify, in writing, the department of licensing upon revocation of a license. The department of licensing shall record the revocation.
(5) The license shall be in triplicate, in form to be prescribed by the department of licensing, and shall bear the name, address, and description, fingerprints, and signature of the licensee, and the licensee's driver's license number or state identification card number if used for identification in applying for the license. The license application shall contain a warning substantially as follows:
CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. A state license is not a defense to a federal prosecution.
The license application shall contain a description of the major differences between state and federal law and an explanation of the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law. The application shall contain questions about the applicant's place of birth, whether the applicant is a United States citizen, ((and if not a citizen whether the applicant has declared the intent to become a citizen)) and whether he or she has been required to register with the state or federal government and ((any)) has an identification or registration number((, if applicable)). The applicant shall not be required to produce a birth certificate or other evidence of citizenship. ((An applicant who is not a citizen shall provide documentation showing resident alien status and the applicant's intent to become a citizen.)) A person who makes a false statement regarding citizenship on the application is guilty of a misdemeanor. A person who is not a citizen of the United States((, or has not declared his or her intention to become a citizen)) shall meet the additional requirements of RCW 9.41.170.
The original thereof shall be delivered to the licensee, the duplicate shall within seven days be sent by registered mail to the director of licensing and the triplicate shall be preserved for six years, by the authority issuing said license.
(6) The fee for the original issuance of a four-year license shall be twenty-three dollars: PROVIDED, That no other additional charges by any branch or unit of government shall be borne by the applicant for the issuance of the license: PROVIDED FURTHER, That the fee shall be distributed as follows:
(a) Four dollars shall be paid to the state general fund;
(b) Four dollars shall be paid to the agency taking the fingerprints of the person licensed;
(c) Twelve dollars shall be paid to the issuing authority for the purpose of enforcing this chapter; and
(d) Three dollars to the firearms range account in the general fund.
(7) The fee for the renewal of such license shall be fifteen dollars: PROVIDED, That no other additional charges by any branch or unit of government shall be borne by the applicant for the renewal of the license: PROVIDED FURTHER, That the fee shall be distributed as follows:
(a) Four dollars shall be paid to the state general fund;
(b) Eight dollars shall be paid to the issuing authority for the purpose of enforcing this chapter; and
(c) Three dollars to the firearms range account in the general fund.
(8) Payment shall be by cash, check, or money order at the option of the applicant. Additional methods of payment may be allowed at the option of the issuing authority.
(9) A licensee may renew a license if the licensee applies for renewal within ninety days before or after the expiration date of the license. A license so renewed shall take effect on the expiration date of the prior license. A licensee renewing after the expiration date of the license must pay a late renewal penalty of ten dollars in addition to the renewal fee specified in subsection (7) of this section. The fee shall be distributed as follows:
(a) Three dollars shall be deposited in the state wildlife fund and used exclusively for the printing and distribution of a pamphlet on the legal limits of the use of firearms, firearms safety, and the preemptive nature of state law. The pamphlet shall be given to each applicant for a license; and
(b) Seven dollars shall be paid to the issuing authority for the purpose of enforcing this chapter.
(10) Notwithstanding the requirements of subsections (1) through (9) of this section, the chief of police of the municipality or the sheriff of the county of the applicant's residence may issue a temporary emergency license for good cause pending review under subsection (1) of this section.
(11) A political subdivision of the state shall not modify the requirements of this section or chapter, nor may a political subdivision ask the applicant to voluntarily submit any information not required by this section. A civil suit may be brought to enjoin a wrongful refusal to issue a license or a wrongful modification of the requirements of this section or chapter. The civil suit may be brought in the county in which the application was made or in Thurston county at the discretion of the petitioner. Any person who prevails against a public agency in any action in the courts for a violation of this chapter shall be awarded costs, including reasonable attorneys' fees, incurred in connection with such legal action."
Signed by Representatives Appelwick, Chair; Johanson, Vice Chair; Padden, Ranking Minority Member; Ballasiotes, Ranking Minority Member; Campbell; Chappell; Eide; Forner; J. Kohl; Long; Morris; H. Myers; Riley; Schmidt; Scott; Tate and Wineberry.
Passed to Committee on Rules for second reading.
February 24, 1994
ESSB 6068 Prime Sponsor, Committee on Ecology & Parks: Revising procedures for appeals involving boards within the environmental hearings office. Reported by Committee on Environmental Affairs
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 90.58.170 and 1988 c 128 s 76 are each amended to read as follows:
A shorelines hearings board sitting as a quasi judicial body is hereby established within the environmental hearings office under RCW 43.21B.005. The shorelines hearings board shall be made up of six members: Three members shall be members of the pollution control hearings board; two members, one appointed by the association of Washington cities and one appointed by the association of county commissioners, both to serve at the pleasure of the associations; and the commissioner of public lands or his or her designee. The chairman of the pollution control hearings board shall be the chairman of the shorelines hearings board. Except as provided in section 2 of this act, a decision must be agreed to by at least four members of the board to be final. The members of the shorelines ((appeals)) board shall receive the compensation, travel, and subsistence expenses as provided in RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 2. A new section is added to chapter 90.58 RCW to read as follows:
(1) In the case of an appeal involving a single family residence or appurtenance to a single family residence, including a dock or pier designed to serve a single family residence, the request for review may be heard by a panel of three board members, at least one and not more than two of whom shall be members of the pollution control hearings board. Two members of the three must agree to issue a final decision of the board.
(2) The board shall define by rule alternative processes to expedite appeals. These alternatives may include: Mediation, upon agreement of all parties; submission of testimony by affidavit; or other forms that may lead to less formal and faster resolution of appeals.
Sec. 3. RCW 90.58.180 and 1989 c 175 s 183 are each amended to read as follows:
(1) Any person aggrieved by the granting, denying, or rescinding of a permit on shorelines of the state pursuant to RCW 90.58.140 may seek review from the shorelines hearings board by filing a request for the same within thirty days of the date of filing as defined in RCW 90.58.140(6).
Concurrently with the filing of any request for review with the board as provided in this section pertaining to a final order of a local government, the requestor shall file a copy of his or her request with the department and the attorney general. If it appears to the department or the attorney general that the requestor has valid reasons to seek review, either the department or the attorney general may certify the request within thirty days after its receipt to the shorelines hearings board following which the board shall then, but not otherwise, review the matter covered by the requestor((: PROVIDED, That)). The failure to obtain such certification shall not preclude the requestor from obtaining a review in the superior court under any right to review otherwise available to the requestor. The department and the attorney general may intervene to protect the public interest and insure that the provisions of this chapter are complied with at any time within fifteen days from the date of the receipt by the department or the attorney general of a copy of the request for review filed pursuant to this section. The shorelines hearings board shall initially schedule review proceedings on such requests for review without regard as to whether such requests have or have not been certified or as to whether the period for the department or the attorney general to intervene has or has not expired, unless such review is to begin within thirty days of such scheduling. If at the end of the thirty day period for certification neither the department nor the attorney general has certified a request for review, the hearings board shall remove the request from its review schedule.
(2) The department or the attorney general may obtain review of any final order granting a permit, or granting or denying an application for a permit issued by a local government by filing a written request with the shorelines hearings board and the appropriate local government within thirty days from the date the final order was filed as provided in RCW 90.58.140(6).
(3) The review proceedings authorized in subsections (1) and (2) of this section are subject to the provisions of chapter 34.05 RCW pertaining to procedures in adjudicative proceedings. Judicial review of such proceedings of the shorelines hearings board ((may be had as provided in)) is governed by chapter 34.05 RCW.
(4) A local government may appeal to the shorelines hearings board any rules, regulations, or guidelines adopted or approved by the department within thirty days of the date of the adoption or approval. The board shall make a final decision within sixty days following the hearing held thereon.
If the board determines that the rule, regulation, or guideline:
(a) Is clearly erroneous in light of the policy of this chapter; or
(b) Constitutes an implementation of this chapter in violation of constitutional or statutory provisions; or
(c) Is arbitrary and capricious; or
(d) Was developed without fully considering and evaluating all material submitted to the department by the local government; or
(e) Was not adopted in accordance with required procedures;
the board shall enter a final decision declaring the rule, regulation, or guideline invalid, remanding the rule, regulation, or guideline to the department with a statement of the reasons in support of the determination, and directing the department to adopt, after a thorough consultation with the affected local government, a new rule, regulation, or guideline. Unless the board makes one or more of the determinations as hereinbefore provided, the board shall find the rule, regulation, or guideline to be valid and enter a final decision to that effect.
(5) Rules, regulations, and guidelines shall be subject to review in superior court, if authorized pursuant to RCW ((34.05.538: PROVIDED, That)) 34.05.570(2). No review shall be granted by a superior court on petition from a local government unless the local government shall first have obtained review under subsection (4) of this section and the petition for court review is filed within three months after the date of final decision by the shorelines hearings board.
Sec. 4. RCW 43.21C.075 and 1983 c 117 s 4 are each amended to read as follows:
(1) Because a major purpose of this chapter is to combine environmental considerations with public decisions, any appeal brought under this chapter shall be linked to a specific governmental action. The State Environmental Policy Act provides a basis for challenging whether governmental action is in compliance with the substantive and procedural provisions of this chapter. The State Environmental Policy Act is not intended to create a cause of action unrelated to a specific governmental action.
(2) Unless otherwise provided by this section:
(a) Appeals under this chapter shall be of the governmental action together with its accompanying environmental determinations.
(b) Appeals of environmental determinations made (or lacking) under this chapter shall be commenced within the time required to appeal the governmental action which is subject to environmental review.
(3) If an agency has a procedure for appeals of agency environmental determinations made under this chapter, such procedure:
(a) Shall not allow more than one agency appeal proceeding on a procedural determination (the adequacy of a determination of significance/nonsignificance or of a final environmental impact statement), consistent with any state statutory requirements for appeals to local legislative bodies. The appeal proceeding on a determination of significance/nonsignificance may occur before the agency's final decision on a proposed action. Such an appeal shall also be allowed for a determination of significance/nonsignificance which may be issued by the agency after supplemental review;
(b) Shall consolidate appeal of procedural issues and of substantive determinations made under this chapter (such as a decision to require particular mitigation measures or to deny a proposal) by providing for simultaneous appeal of an agency decision on a proposal and any environmental determinations made under this chapter, with the exception of the threshold determination appeal as provided in (a) of this subsection or an appeal to the local legislative authority under RCW 43.21C.060 or other applicable state statutes;
(c) Shall provide for the preparation of a record for use in any subsequent appeal proceedings, and shall provide for any subsequent appeal proceedings to be conducted on the record, consistent with other applicable law. An adequate record consists of findings and conclusions, testimony under oath, and taped or written transcript. An electronically recorded transcript will suffice for purposes of review under this ((paragraph)) subsection; and
(d) Shall provide that procedural determinations made by the responsible official shall be entitled to substantial weight.
(4) If a person aggrieved by an agency action has the right to judicial appeal and if an agency has an appeal procedure, such person shall, prior to seeking any judicial review, use such procedure if any such procedure is available, unless expressly provided otherwise by state statute.
(5) RCW 43.21C.080 establishes an optional "notice of action" procedure which, if used, imposes a time period for appealing decisions under this chapter. Some statutes and ordinances contain time periods for challenging governmental actions which are subject to review under this chapter, such as various local land use approvals (the "underlying governmental action"). This section does not modify any such time periods. This section governs when a judicial appeal must be brought under this chapter where a "notice of action" is used, and/or where there is another time period which is required by statute or ordinance for challenging the underlying governmental action. In this subsection, the term "appeal" refers to a judicial appeal only.
(a) If there is a time period for appealing the underlying governmental action, appeals under this chapter shall be commenced within thirty days. The agency shall give official notice stating the date and place for commencing an appeal. If there is an agency proceeding under subsection (3) of this section, the appellant shall, prior to commencing a judicial appeal, submit to the responsible official a notice of intent to commence a judicial appeal. This notice of intent shall be given within the time period for commencing a judicial appeal on the underlying governmental action.
(b) A notice of action under RCW 43.21C.080 may be used. If a notice of action is used, judicial appeals shall be commenced within the time period specified by RCW 43.21C.080, unless there is a time period for appealing the underlying governmental action in which case (a) of this subsection shall apply.
(c) Notwithstanding RCW 43.21C.080(1), if there is a time period for appealing the underlying governmental action, a notice of action may be published within such time period.
(6)(a) Judicial review of an appeal decision made by an agency under RCW 43.21C.075(5) shall be on the record, consistent with other applicable law.
(b) A taped or written transcript may be used. If a taped transcript is to be reviewed, a record shall identify the location on the taped transcript of testimony and evidence to be reviewed. Parties are encouraged to designate only those portions of the testimony necessary to present the issues raised on review, but if a party alleges that a finding of fact is not supported by evidence, the party should include in the record all evidence relevant to the disputed finding. Any other party may designate additional portions of the taped transcript relating to issues raised on review. A party may provide a written transcript of portions of the testimony at the party's own expense or apply to that court for an order requiring the party seeking review to pay for additional portions of the written transcript.
(c) Judicial review under this chapter shall without exception be of the governmental action together with its accompanying environmental determinations.
(7) Jurisdiction over the review of determinations under this chapter in an appeal before an agency or superior court shall upon consent of the parties be transferred in whole or part to the shorelines hearings board. The shorelines hearings board shall hear the matter and sign the final order expeditiously. The superior court shall certify the final order of the shorelines hearings board and said certified final order may only be appealed to an appellate court. In the case of an appeal under this chapter regarding a project or other matter that is also the subject of an appeal to the shorelines hearings board under chapter 90.58 RCW, the shorelines hearings board shall have sole jurisdiction over both the appeal under this section and the appeal under chapter 90.58 RCW, shall consider them together, and shall issue a final order.
(8) For purposes of this section and RCW 43.21C.080, the words "action", "decision", and "determination" mean substantive agency action including any accompanying procedural determinations under this chapter (except where the word "action" means "appeal" in RCW 43.21C.080(2) and (3)). The word "action" in this section and RCW 43.21C.080 does not mean a procedural determination by itself made under this chapter. The word "determination" includes any environmental document required by this chapter and state or local implementing rules. The word "agency" refers to any state or local unit of government. The word "appeal" refers to administrative, legislative, or judicial appeals.
(9) The court in its discretion may award reasonable attorney's fees of up to one thousand dollars in the aggregate to the prevailing party, including a governmental agency, on issues arising out of this chapter if the court makes specific findings that the legal position of a party is frivolous and without reasonable basis.
NEW SECTION. Sec. 5. A new section is added to chapter 43.21B RCW to read as follows:
With the consent of all parties, an appeal may be heard by one member of the board. The decision of the member shall be the final decision of the board. The board shall define by rule alternative procedures to expedite appeals. These alternatives may include: Mediation, upon agreement of all parties; submission of testimony by affidavit; or other forms that may lead to less formal and faster resolution of appeals.
Sec. 6. RCW 43.21B.180 and 1989 c 175 s 104 are each amended to read as follows:
Judicial review of a decision of the hearings board ((shall be de novo except when the decision has been rendered pursuant to a formal hearing elected under the provisions of this chapter, in which event judicial review)) may be obtained only pursuant to RCW 34.05.510 through 34.05.598. The director shall have the same right of review from a decision made pursuant to RCW 43.21B.110 as does any person.
Sec. 7. RCW 43.21B.190 and 1988 c 202 s 43 are each amended to read as follows:
Within thirty days after the final decision and order of the hearings board upon such an appeal has been communicated to the interested parties, ((or within thirty days after an appeal has been denied after an informal hearing,)) such interested party aggrieved by the decision and order of the hearings board may appeal to the superior court. In all appeals involving a decision or an order of the hearings board after an informal hearing, the petition shall be filed in the superior court for the county of the petitioner's residence or principal place of business, or in the absence of a residence or principal place of business, for Thurston county. Such appeal may be perfected by filing with the clerk of the superior court a notice of appeal, and by serving a copy thereof by mail, or personally on the director, the air pollution control boards or authorities, established pursuant to chapter 70.94 RCW or on the board as the case may be. The hearings board shall serve upon the appealing party, the director, the air pollution control board or authorities established pursuant to chapter 70.94 RCW, or the board, as the case may be, and on any other party appearing at the hearings board's proceeding, and file with the clerk of the court before trial, a certified copy of the hearings board's decision and order. Appellate review of a decision of the superior court may be sought as in other civil cases. No bond shall be required on appeals to the superior court or on review by the supreme court unless specifically required by the judge of the superior court.
Sec. 8. RCW 43.21B.230 and 1990 c 65 s 6 are each amended to read as follows:
Any person having received notice of a denial of a petition, a notice of determination, notice of or an order made by the department may appeal, within thirty days from the date of the notice of such denial, order, or determination to the hearings board. The appeal shall be perfected by serving a copy of the notice of appeal upon the department or air pollution authority established pursuant to chapter 70.94 RCW, as the case may be, within the time specified herein and by filing the original thereof with proof of service with the clerk of the hearings board. ((If the person intends that the hearing before the hearings board be a formal one, the notice of appeal shall so state. In the event that the notice of appeal does not so state, the hearing shall be an informal one: PROVIDED, HOWEVER, That nothing shall prevent the department or the air pollution authority, as the case may be, within ten days from the date of its receipt of the notice of appeal, from filing with the clerk of the hearings board notice of its intention that the hearing be a formal one.))
Sec. 9. RCW 76.09.230 and 1992 c 52 s 23 are each amended to read as follows:
(1) ((In all appeals over which the appeals board has jurisdiction, a party taking an appeal may elect either a formal or an informal hearing, unless such party has had an informal hearing with the department. Such election shall be made according to the rules of practice and procedure to be promulgated by the appeals board. In the event that appeals are taken from the same decision, order, or determination, as the case may be, by different parties and only one of such parties elects a formal hearing, a formal hearing shall be granted.
(2))) In all appeals over which the appeals board has jurisdiction, upon request of one or more parties and with the consent of all parties, the appeals board shall promptly schedule a conference for the purpose of attempting to mediate the case. The mediation conference shall be held prior to the hearing on not less than seven days' advance written notice to all parties. All other proceedings pertaining to the appeal shall be stayed until completion of mediation, which shall continue so long as all parties consent: PROVIDED, That this shall not prevent the appeals board from deciding motions filed by the parties while mediation is ongoing: PROVIDED, FURTHER, That discovery may be conducted while mediation is ongoing if agreed to by all parties. Mediation shall be conducted by an administrative appeals judge or other duly authorized agent of the appeals board who has received training in dispute resolution techniques or has a demonstrated history of successfully resolving disputes, as determined by the appeals board. A person who mediates in a particular appeal shall not participate in a hearing on that appeal or in writing the decision and order in the appeal. Documentary and other physical evidence presented and evidence of conduct or statements made during the course of mediation shall be treated by the mediator and the parties in a confidential manner and shall not be admissible in subsequent proceedings in the appeal except in accordance with the provisions of the Washington rules of evidence pertaining to compromise negotiations.
(((3))) (2) In all appeals the appeals board shall have all powers relating to administration of oaths, issuance of subpoenas, and taking of depositions, but such powers shall be exercised in conformity with chapter 34.05 RCW.
(((4))) (3) In all appeals ((involving formal hearing)) the appeals board, and each member thereof, shall be subject to all duties imposed upon and shall have all powers granted to, an agency by those provisions of chapter 34.05 RCW relating to adjudicative proceedings.
(((5))) (4) All proceedings((, including both formal and informal hearings,)) before the appeals board or any of its members shall be conducted in accordance with such rules of practice and procedure as the board may prescribe. The appeals board shall publish such rules and arrange for the reasonable distribution thereof.
(((6))) (5) Judicial review of a decision of the appeals board ((shall be de novo except when the decision has been rendered pursuant to the formal hearing, in which event judicial review)) may be obtained only pursuant to RCW 34.05.510 through 34.05.598.
NEW SECTION. Sec. 10. The office of the administrator for the courts, under the direction of the appellate courts, shall conduct a study to expedite appeals from administrative hearings. The study shall be conducted in close cooperation with the environmental hearings office. Recommendations from the study shall be made to the appropriate standing committees of the legislature by September 1, 1994."
Signed by Representatives Rust, Chair; Flemming, Vice Chair; Horn, Ranking Minority Member; Van Luven, Assistant Ranking Minority Member; Bray; Edmondson; Foreman; Hansen; Holm; L. Johnson; J. Kohl; Linville; Roland and Sheahan.
Passed to Committee on Rules for second reading.
February 24, 1994
SSB 6070 Prime Sponsor, Committee on Government Operations: Managing certain public records. Reported by Committee on State Government
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that: (1) Accountability for and the efficient management of local government records are in the public interest and that compliance with public records management requirements significantly affects the cost of local government administration; (2) the secretary of state is responsible for insuring the preservation of local government archives and may assist local government compliance with public records statutes; (3) as provided in RCW 40.14.025, all archives and records management services provided by the secretary of state are funded exclusively by a schedule of fees and charges established jointly by the secretary of state and the director of financial management; (4) the secretary of state's costs for preserving and providing public access to local government archives and providing records management assistance to local government agencies have been funded by fees paid by state government agencies; (5) local government agencies are responsible for costs associated with managing, protecting, and providing public access to the records in their custody; (6) local government should help fund the secretary of state's local government archives and records management services; (7) the five-dollar fee collected by county clerks for processing warrants for unpaid taxes or liabilities filed by the state of Washington is not sufficient to cover processing costs and is far below filing fees commonly charged for similar types of minor civil actions; (8) a surcharge of twenty dollars would bring the filing fee for warrants for the collection of unpaid taxes and liabilities up to a level comparable to other minor civil filings and should be applied to the support of the secretary of state's local government archives and records services without placing an undue burden on local government; and (9) the process of collecting and transmitting surcharge revenue should not have an undue impact on the operations of the state agencies that file warrants for the collection of unpaid taxes and liabilities or the clerks of superior court who process them.
NEW SECTION. Sec. 2. A new section is added to chapter 40.14 RCW to read as follows:
State agencies shall collect a surcharge of twenty dollars from the judgment debtor upon the satisfaction of a warrant filed in superior court for unpaid taxes or liabilities. The surcharge is imposed on the judgment debtor in the form of a penalty in addition to the filing fee provided in RCW 36.18.020(4). The surcharge revenue shall be transmitted to the state treasurer for deposit in the archives and records management account, or procedures for the collection and transmittal of surcharge revenue to the archives and records management account shall be established cooperatively between the filing agencies and clerks of superior court.
Surcharge revenue deposited in the archives and records management account shall be expended by the secretary of state exclusively for the payment of costs and expenses incurred in the provision of public archives and records management services to local government agencies by the division of archives and records management. The secretary of state shall work with local government representatives to establish a committee to advise the state archivist on the local government archives and records management program. Surcharge revenue shall be allocated exclusively to:
(1) Appraise, process, store, preserve, and provide public research access to original records designated by the state archivist as archival which are no longer required to be kept by the agencies which originally made or filed them;
(2) Protect essential records, as provided by chapters 40.10 and 40.20 RCW. Permanent facsimiles of essential records shall be produced and placed in security storage with the state archivist;
(3) Coordinate records retention and disposition management and provide support for the following functions under RCW 40.14.070:
(a) Advise and assist individual agencies on public records management requirements and practices; and
(b) Compile, maintain, and regularly update general records retention schedules and destruction authorizations; and
(4) Develop and maintain standards for the application of recording media and records storage technologies.
NEW SECTION. Sec. 3. This act shall take effect July 1, 1994."
Signed by Representatives Anderson, Chair; Veloria, Vice Chair; Reams, Ranking Minority Member; L. Thomas, Assistant Ranking Minority Member; Campbell; Conway; Dyer; King and Pruitt.
Referred to Committee on Appropriations.
February 24, 1994
ESSB 6071 Prime Sponsor, Committee on Ways & Means: Authorizing an additional six-year industrial development levy. Reported by Committee on Local Government
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 53.36.100 and 1982 1st ex.s. c 3 s 1 are each amended to read as follows:
(1) A port district having adopted a comprehensive scheme of harbor improvements and industrial developments may thereafter raise revenue, for twelve years only, in addition to all other revenues now authorized by law, by an annual levy not to exceed forty-five cents per thousand dollars of assessed value against the assessed valuation of the taxable property in such port district. If voters approve a ballot proposition authorizing the levies by a simple majority vote, a Washington port district in a county bordering the Pacific Ocean and having adopted a comprehensive scheme of harbor improvements and industrial developments may thereafter raise revenue for eighteen years only, in addition to all other revenues authorized by law on the effective date of this section, by an annual levy not to exceed forty-five cents per thousand dollars of assessed value against the assessed valuation of the taxable property in such port district. Said levy shall be used exclusively for the exercise of the powers granted to port districts under chapter 53.25 RCW except as provided in RCW 53.36.110. The levy of such taxes is herein authorized notwithstanding the provisions of RCW 84.52.050 and 84.52.043. The revenues derived from levies made under RCW 53.36.100 and 53.36.110 not expended in the year in which the levies are made may be paid into a fund for future use in carrying out the powers granted under chapter 53.25 RCW, which fund may be accumulated and carried over from year to year, with the right to continue to levy the taxes provided for in RCW 53.36.100 and 53.36.110 for the purposes herein authorized.
(2) If a port district intends to levy a tax under this section for one or more years after the first six years ((authorized in this section)) this levy was imposed, the port commission shall publish notice of this intention, in one or more newspapers of general circulation within the district, and shall provide written notice of this intention to each newspaper in general circulation within the boundaries of the port district and to each local radio station and television station that has on file with the county legislative authority of the county in which the port district is located a request to be notified of special meetings of the county legislative authority, by June 1 of the year in which the first levy of the seventh through twelfth year period is to be made. If within ninety days of the date of publication a petition is filed with the county auditor containing the signatures of eight percent of the number of voters registered and voting in the port district for the office of the governor at the last preceding gubernatorial election, the county auditor shall canvass the signatures in the same manner as prescribed in RCW 29.79.200 and certify their sufficiency to the port commission within two weeks. The proposition to make these levies in the seventh through twelfth year period shall be submitted to the voters of the port district at a special election, called for this purpose, no later than the date on which a primary election would be held under RCW 29.13.070. The levies may be made in the seventh through twelfth year period only if approved by a majority of the voters of the port district voting on the proposition."
Signed by Representatives H. Myers, Chair; Springer, Vice Chair; Edmondson, Ranking Minority Member; Reams, Assistant Ranking Minority Member; Dunshee; R. Fisher; Horn; Moak; Rayburn; Van Luven and Zellinsky.
Referred to Committee on Revenue.
February 24, 1994
SB 6074 Prime Sponsor, Gaspard: Changing the Washington award for excellence. Reported by Committee on Education
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28A.625.041 and 1992 c 83 s 1 and 1992 c 50 s 1 are each reenacted and amended to read as follows:
(1) All recipients of the Washington award for excellence in education shall receive a certificate presented by the governor and the superintendent of public instruction, or their designated representatives, at a public ceremony or ceremonies in appropriate locations.
(2) In addition to certificates under subsection (1) of this section, awards for teachers, classified employees, and principals or administrators shall include one of the following:
(a) Except as provided under RCW 28B.80.255, an academic grant which shall be used to take courses at a state institution of higher education. The academic grant shall provide reimbursement to the recipient for actual costs incurred for tuition and fees for up to forty-five quarter credit hours or thirty semester credit hours at a rate of reimbursement per credit hour not to exceed the resident graduate, part-time cost per credit hour at the University of Washington in the year the recipient takes the credits. In addition, a stipend not to exceed one thousand dollars shall be provided for costs incurred in taking courses covered by the academic grant beginning with 1992 recipients, if funds are appropriated for the stipends in the omnibus appropriations act. This stipend shall be provided as reimbursement for actual costs incurred. The academic grant shall not be considered compensation for the purposes of RCW 28A.400.200; or
(b) A recognition stipend not to exceed one thousand dollars. The recognition stipend shall not be considered compensation for the purposes of RCW 28A.400.200; or
(c) An educational grant not to exceed one thousand dollars. The educational grant shall be awarded under RCW 28A.625.060 and shall not be considered compensation for the purposes of RCW 28A.400.200.
(3) In addition to certificates under subsection (1) of this section, the award for the superintendent shall include one of the following:
(a) A recognition stipend not to exceed one thousand dollars. The recognition stipend shall not be considered compensation for the purposes of RCW 28A.400.200; or
(b) An educational grant not to exceed one thousand dollars. The educational grant shall be awarded under RCW 28A.625.060 and shall not be considered compensation for the purposes of RCW 28A.400.200.
(4) In addition to certificates under subsection (1) of this section, the award for the school board shall include an educational grant not to exceed two thousand five hundred dollars. The educational grant shall be awarded under RCW 28A.625.060.
(5) Within one year of receiving the Washington award for excellence in education, teachers, classified employees, principals or administrators, and the school district superintendent shall notify the superintendent of public instruction in writing of their decision to apply for an academic grant, a recognition stipend, or an educational grant as provided under subsections (2) and (3) of this section. The superintendent shall notify the higher education coordinating board of those recipients who select the academic grant.
(6) This section applies to all individuals named by the office of the superintendent of public instruction as recipients of the Washington award for excellence in education before January 1, 1994.
(7) This section shall expire June 30, 1998.
Sec. 2. RCW 28A.625.060 and 1992 c 50 s 3 are each amended to read as follows:
(1) Teachers, classified employees, principals or administrators, and superintendents who have received an award for excellence in education and choose to apply for an educational grant under RCW 28A.625.041 shall be awarded the grant by the superintendent of public instruction as long as a written grant application is submitted to the superintendent within one year after the award was received. The grant application shall identify the educational purpose toward which the grant shall be used.
(2) This section applies to all individuals named by the office of the superintendent of public instruction as recipients of the Washington award for excellence in education before January 1, 1994.
(3) This section shall expire June 30, 1998.
Sec. 3. RCW 28A.625.065 and 1992 c 83 s 2 are each amended to read as follows:
(1) Courses paid for in full by the academic grant under RCW 28A.625.041(2)(a) shall be completed within four years after the academic grant is received.
(2) This section applies to all individuals named by the office of the superintendent of public instruction as recipients of the Washington award for excellence in education before January 1, 1994.
(3) This section shall expire June 30, 1998.
NEW SECTION. Sec. 4. A new section is added to chapter 28A.625 RCW to read as follows:
(1) All recipients of the Washington award for excellence in education shall receive a certificate presented by the governor and the superintendent of public instruction, or their designated representatives, at a public ceremony or ceremonies in appropriate locations.
(2) In addition to the certificate under subsection (1) of this section, the award for teachers, classified employees, superintendents, and principals or administrators shall include a recognition award in an amount determined in the state operating appropriations act but not less than two thousand five hundred dollars. The recognition award shall not be considered compensation for the purposes of RCW 28A.400.200.
(3) In addition to the certificate under subsection (1) of this section, the award for the school board shall include a recognition award not to exceed two thousand five hundred dollars. The school board must use its recognition award for an educational purpose.
NEW SECTION. Sec. 5. A new section is added to chapter 28B.80 RCW to read as follows:
(1) The higher education coordinating board shall adopt rules establishing procedures for recipients of the Washington award for excellence in education academic grant to convert the remaining value of their grant into a recognition award as provided under section 4 of this act, subject to the availability of funds from the legislature to cover this option. This is an option for individuals named by the office of the superintendent of public instruction as recipients of the Washington award for excellence in education before January 1, 1994, who have elected to receive their award in the form of the academic grant. This option shall be exercised only at the discretion of the academic grant recipients.
(2) This section shall expire June 30, 1998.
NEW SECTION. Sec. 6. Section 4 of 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 shall take effect April 1, 1994.
NEW SECTION. Sec. 7. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."
Signed by Representatives Dorn, Chair; Cothern, Vice Chair; Brough, Ranking Minority Member; B. Thomas, Assistant Ranking Minority Member; Brumsickle; Carlson; Eide; Hansen; Holm; Jones; Karahalios; J. Kohl; Pruitt; Roland; Stevens and L. Thomas.
MINORITY recommendation: Without recommendation. Signed by Representative G. Cole.
Excused: Representatives G. Fisher and Patterson.
Passed to Committee on Rules for second reading.
February 25, 1994
SB 6080 Prime Sponsor, Owen: Prohibiting wrongful property damage to agricultural and forest lands. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 4.24 RCW to read as follows:
(1) Every person who goes onto the land of another and who removes timber, crops, minerals or other similar valuable property from the land, or wrongfully causes waste or injury to the land, is liable to the injured party for treble the amount of the damages caused by the removal, waste, or injury. For purposes of this section, a person acts "wrongfully" if the person intentionally and unreasonably commits the act or acts while knowing, or having reason to know, that he or she lacks authorization to so act. Damages recoverable under this section include, but are not limited to, damages for the market value of the property removed, and for injury to the land, including the costs of restoration. In addition, the person is liable for reimbursing the injured party for the party's reasonable costs, including but not limited to investigative costs and reasonable attorneys' fees and other litigation-related costs.
(2) This section does not apply in any case where liability for damages is provided under RCW 64.12.030, 79.01.756, 79.01.760, or 79.40.070."
Signed by Representatives Appelwick, Chair; Johanson, Vice Chair; Padden, Ranking Minority Member; Ballasiotes, Assistant Ranking Minority Member; Campbell; Chappell; Eide; Forner; J. Kohl; Long; Morris; H. Myers; Riley; Schmidt; Scott; Tate and Wineberry.
Passed to Committee on Rules for second reading.
February 24, 1994
SSB 6081 Prime Sponsor, Committee on Ecology & Parks: Regulating the use, sale, and distribution of on-site sewage additives. Reported by Committee on Environmental Affairs
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that chemical additives do, and that other types of additives may, contribute to septic system failure and ground water contamination. In order to determine which ingredients of nonchemically based additive products have adverse effects on public health or the environment, it is necessary to submit such products to a review procedure.
The purpose of this act is: (1) To establish a timely and orderly procedure for review and approval of on-site sewage disposal system additives; (2) to prohibit the use, sale, or distribution of additives having an adverse effect on public health or the water quality of the state; (3) to require the disclosure of the contents of additives that are advertised, sold, or distributed in the state; and (4) to provide for consumer protection.
Sec. 2. RCW 70.118.020 and 1993 c 321 s 2 are each amended to read as follows:
As used in this chapter, the terms defined in this section shall have the meanings indicated unless the context clearly indicates otherwise.
(1) "Nonwater-carried sewage disposal devices" means any device that stores and treats nonwater-carried human urine and feces.
(2) "Alternative methods of effluent disposal" means systems approved by the department of health, including at least, mound systems, alternating drain fields, anaerobic filters, evapotranspiration systems, and aerobic systems.
(3) "Failure" means: (a) Effluent has been discharged on the surface of the ground prior to approved treatment; or (b) effluent has percolated to the surface of the ground; or (c) effluent has contaminated or threatens to contaminate a ground water supply.
(4) "Additive" means any commercial product intended to affect the ((internal)) performance or aesthetics of an on-site sewage disposal system.
(5) "Department" means the department of health.
(6) "On-site sewage disposal system" means any system of piping, treatment devices, or other facilities that convey, store, treat, or dispose of sewage on the property where it originates or on nearby property under the control of the user where the system is not connected to a public sewer system. For purposes of this chapter, an on-site sewage disposal system does not include indoor plumbing and associated fixtures.
(7) "Chemical additive" means those additives containing acids, bases, or other chemicals deemed unsafe by the department for use in an on-site sewage disposal system.
(8) "Additive manufacturer" means any person who manufactures, formulates, blends, packages, or repackages an additive product for sale, use, or distribution within the state.
Sec. 3. RCW 70.118.060 and 1993 c 321 s 3 are each amended to read as follows:
(1) After July 1, 1994, a person may not use, sell, or distribute ((an)) a chemical additive to on-site sewage disposal systems ((unless such additive has been specifically approved by the department. The department may approve an additive if it can be demonstrated to the satisfaction of the department that the additive has a positive benefit, and no adverse effect, on the operation or performance of an on-site sewage system. Upon written request by an additive manufacturer or distributor for product evaluation,)).
(2) After January 1, 1996, no person shall use, sell, or distribute any on-site sewage disposal additive whose ingredients have not been approved by the department.
(3) Each manufacturer of an on-site sewage disposal system additive that is sold, advertised, or distributed in the state shall submit the following information to the department: (a) The name and address of the company; (b) the name of the product; (c) the complete product formulation; (d) the location where the product is manufactured; (e) the intended method of product application; and (f) a request that the product be reviewed.
(4) The department shall adopt rules providing the criteria, review, and decision-making procedures to be used in reviewing on-site sewage disposal additives for use, sale, or distribution in the state. The criteria shall be designed to determine whether the additive has an adverse effect on public health or water quality. The department may charge a fee sufficient to cover the costs of evaluating the additive, including the development of ((standards)) criteria and review procedures.
(((2))) The fee schedule shall be established by rule.
(5) The department shall issue a decision as to whether a product registered pursuant to subsection (3) of this section is approved or denied within forty-five days of receiving a complete evaluation as required pursuant to subsection (4) of this section.
(6) Manufacturers shall reregister their product as provided in subsection (3) of this section each time their product formulation changes. The department may require a new approval for products registered under this subsection prior to allowing the use, sale, or distribution within the state.
(7) The department may contract with private laboratories for the performance of any duties necessary to carry out the purpose of this section.
(8) The attorney general or appropriate city or county prosecuting attorney is authorized to bring an appropriate action to enjoin any violation of the prohibition on the sale or distribution of additives, or to enjoin any violation of the conditions in section 5 of this act.
(((3))) (9) The department is responsible for providing written notification to ((major distributors and wholesalers of)) additives manufacturers of the ((state-wide prohibition on additives)) provisions of this section and sections 4 and 5 of this act. The notification shall be provided no later than ((October 1, 1993)) thirty days after the effective date of this section. Within thirty days of notification from the department, ((distributors and wholesalers)) manufacturers shall provide the same notification to their distributors, wholesalers, and retail customers. ((The department shall also provide notification to major distributors and wholesalers of additive products that have been approved.))
NEW SECTION. Sec. 4. A new section is added to chapter 70.118 RCW to read as follows:
The department shall hold confidential any information obtained pursuant to RCW 70.118.060 when shown by any manufacturer that such information, if made public, would divulge confidential business information, methods, or processes entitled to protection as trade secrets of the manufacturer.
NEW SECTION. Sec. 5. A new section is added to chapter 70.118 RCW to read as follows:
(1) Each manufacturer of a certified and approved additive product advertised, sold, or distributed in the state shall:
(a) Make no claims relating to the elimination of the need for septic tank pumping or proper septic tank maintenance;
(b) List the components of additive products on the product label, along with information regarding instructions for use and precautions;
(c) Make no false statements, design, or graphic representation relative to an additive product that is inconsistent with RCW 70.118.060, section 4 of this act, or this section; and
(d) Make no claims, either direct or implied, about the performance of the product based on state approval of its ingredients.
(2) A violation of this section is an unfair act or practice in violation of the consumer protection act, chapter 19.86 RCW.
NEW SECTION. Sec. 6. 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 shall take effect immediately."
Signed by Representatives Rust, Chair; Flemming, Vice Chair; Horn, Ranking Minority Member; Van Luven, Assistant Ranking Minority Member; Bray; Edmondson; Foreman; Hansen; Holm; L. Johnson; J. Kohl; Linville; Roland and Sheahan.
Referred to Committee on Appropriations.
February 24, 1994
SSB 6082 Prime Sponsor, Committee on Trade, Technology & Economic Development: Changing provisions relating to the center for international trade in forest products. Reported by Committee on Trade, Economic Development & Housing
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 76.56.020 and 1992 c 121 s 1 are each amended to read as follows:
The center shall:
(1) Coordinate the University of Washington's college of forest resources' faculty and staff expertise to assist in:
(a) The development of research and analysis for developing policies and strategies which will expand forest-based international trade, including a major focus on secondary manufacturing;
(b) The development of technology or commercialization support for manufactured products that will meet the evolving needs of international customers; ((and))
(c) The development of research and analysis on other factors critical to forest-based trade, including the quality and availability of raw wood resources; and
(d) The coordination, development, and dissemination of market and technical information relevant to international trade in forest products, ((especially)) including a major focus on secondary manufacturing;
(2) Further develop and maintain computer data bases on world-wide forest products production and trade in order to monitor and report on trends significant to the Northwest forest products industry and support the center's research functions; and coordinate this system with state, federal, and private sector efforts to insure a cost-effective information resource that will avoid unnecessary duplication;
(3) Monitor international forest products markets and assess the status of the state's forest products industry, including the competitiveness of small and medium-sized secondary manufacturing firms in the forest products industry, which for the purposes of this chapter shall be firms with annual revenues of twenty-five million or less, and including the increased exports of Washington-produced products of small and medium-sized secondary manufacturing firms;
(4) Provide high-quality research and graduate education and professional nondegree training in international trade in forest products in cooperation with the University of Washington's graduate school of business administration, the school of law, the Jackson school of international studies, the Northwest policy center of the graduate school of public administration, and other supporting academic units;
(5) Develop cooperative linkages with the international marketing program for agricultural commodities and trade at Washington State University, the international trade project of the United States forest service, the department of natural resources, the department of community, trade, and economic development, the small business export finance assistance center, and other state and federal agencies to avoid duplication of effort and programs;
(6) Cooperate with personnel from the state's community and technical colleges in their development of wood products manufacturing and wood technology curriculum and offer periodic workshops on wood products manufacturing, wood technology, and trade opportunities to community colleges and private educators and trainers;
(7) Provide for public dissemination of research, analysis, and results of the center's programs to all groups, including direct assistance groups, through technical workshops, short courses, international and national symposia, cooperation with private sector networks and marketing associations, or other means, including appropriate publications;
(((7))) (8) Establish an executive policy board, including representatives of small and medium-sized businesses, ((to)) with at least fifty percent of its business members representing small businesses with one hundred or fewer employees and medium-sized businesses with one hundred to five hundred employees. The executive policy board shall also include a representative of the community and technical colleges, representatives of state and federal agencies, and a representative of a wood products manufacturing network or trade association of small and medium-sized wood product manufacturers. The executive policy board shall provide advice on: Overall policy direction and program priorities, state and federal budget requests, securing additional research funds, identifying priority areas of focus for research efforts, selection of projects for research, and dissemination of results of research efforts; and
(((8))) (9) Establish advisory or technical committees for each research program area, to advise on research program area priorities, consistent with the international trade opportunities achievable by the forest products sector of the state and region, to help ensure projects are relevant to industry needs, and to advise on and support effective dissemination of research results. Each advisory or technical committee shall include representatives of forest products industries that might benefit from this research.
Service on the committees and the executive policy board established in subsections (((7))) (8) and (((8))) (9) of this section shall be without compensation but actual travel expenses incurred in connection with service to the center may be reimbursed from appropriated funds in accordance with RCW 43.03.050 and 43.03.060.
Sec. 2. RCW 76.56.050 and 1987 c 505 s 74 are each amended to read as follows:
The center shall aggressively solicit financial contributions and support from the forest products industry, federal and state agencies, and other granting sources or through other arrangements to assist in conducting its activities. Subject to RCW 40.07.040, the center shall report ((biennially through 1991)) annually to the governor and the legislature on its success in obtaining funding from nonstate sources and on its accomplishments in meeting the provisions of this chapter. It may also use separately appropriated funds of the University of Washington for the center's activities.
NEW SECTION. Sec. 3. A new section is added to chapter 28B.50 RCW to read as follows:
The state board for community and technical colleges shall develop, in conjunction with the center for international trade in forest products, the Washington State University wood materials and engineering laboratory, and the department of community, trade, and economic development, a competency-based technical degree program in wood product manufacturing and wood technology and make it available in every college district that serves a timber impact area.
Sec. 4. RCW 43.131.333 and 1992 c 121 s 2 are each amended to read as follows:
The center for international trade in forest products in the college of forest resources at the University of Washington shall be terminated on June 30, ((1994)) 2000, as provided in RCW 43.131.334.
Sec. 5. RCW 43.131.334 and 1992 c 121 s 3 are each amended to read as follows:
((Sections 1 through 5, chapter 122, Laws of 1985 and chapter 76.56 RCW)) The following acts or parts of acts, as now existing or as hereafter amended, are each repealed, effective June 30, ((1995)) 2001:
(1) RCW 76.56.010 and 1985 c 122 s 1;
(2) RCW 76.56.020 and 1994 c --- s 1 (section 1 of this act), 1992 c 121 s 1, 1987 c 195 s 16, & 1985 c 122 s 2;
(3) RCW 76.56.030 and 1985 c 122 s 3;
(4) RCW 76.56.040 and 1985 c 122 s 4;
(5) RCW 76.56.050 and 1994 c --- s 2 (section 2 of this act), 1987 c 505 s 74, & 1985 c 122 s 5;
(6) RCW 76.56.900 and 1985 c 122 s 6; and
(7) RCW 28B.50.--- and 1994 c --- s 3 (section 3 of this act).
NEW SECTION. Sec. 6. This act shall take effect July 1, 1994."
Signed by Representatives Wineberry, Chair; Shin, Vice Chair; Schoesler, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Backlund; Campbell; Casada; Conway; Quall; Sheldon; Springer; Valle and Wood.
Excused: Representative Morris.
Passed to Committee on Rules for second reading.
February 23, 1994
ESSB 6084 Prime Sponsor, Committee on Transportation: Making transportation appropriations. Reported by Committee on Transportation
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. 1993 sp.s. c 23 s 1 (uncodified) is amended to read as follows:
The supplemental transportation budget of the state is hereby adopted and, subject to the provisions hereinafter set forth, the several amounts hereinafter specified, or as much thereof as may be necessary to accomplish the purposes designated, are hereby appropriated from the several accounts and funds hereinafter named to the designated state agencies and offices for salaries, wages, and other expenses, for capital projects, and for other specified purposes, including the payment of any final judgments arising out of such activities, for the period ending June 30, 1995.
Any bill enacted during the 1994 legislative session requiring expenditure from a transportation-related fund or account that was not heard by either of the transportation committees is not funded in this act.
Sec. 2. 1993 sp.s. c 23 s 2 (uncodified) is amended to read as follows:
FOR THE TRAFFIC SAFETY COMMISSION
Highway Safety Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 212,000
Highway Safety Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 2,545,000
Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((600,000))
288,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((3,357,000))
3,045,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriation from the ((public safety and education account)) transportation fund shall be used solely to fund community DWI task forces. Funding from the ((public safety and education account)) transportation fund for any community DWI task force may not exceed fifty percent of total expenditures in support of that task force.
(2) It is the intent of the legislature that the responsibilities of and appropriation to the Washington traffic safety commission be transferred to the Washington state patrol as of July 1, 1994. The appropriations in this section represent funding necessary to operate the agency for fiscal year 1994 only.
Sec. 3. 1993 sp.s. c 23 s 4 (uncodified) is amended to read as follows:
FOR THE COUNTY ROAD ADMINISTRATION BOARD
Motor Vehicle Fund--County Arterial Preservation
Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((24,247,000))
24,242,000
Motor Vehicle Fund--Rural Arterial Trust
Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((61,838,000))
61,828,000
Motor Vehicle Fund--Private Local Appropriation. . . . . . . . . . . . . . . . . . . . . .$ 508,000
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((1,331,000))
1,324,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((87,924,000))
87,902,000
Sec. 4. 1993 sp.s. c 23 s 5 (uncodified) is amended to read as follows:
FOR THE TRANSPORTATION IMPROVEMENT BOARD
Motor Vehicle Fund--Transportation Improvement
Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((184,000,000))
179,000,000
Motor Vehicle Fund--Urban Arterial Trust
Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((26,322,000))
31,312,000
Motor Vehicle Fund--City Hardship Assistance
Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 1,500,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((211,822,000))
211,812,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The transportation improvement board shall present to the legislative transportation committee by December 15, 1993, proposed legislation and an action plan to address the recommendations identified in the 1992 evaluation of the transportation improvement board by the subcommittee on transportation boards and commissions of the legislative transportation committee.
(2) The transportation improvement board shall on a quarterly basis present to the legislative transportation committee and the office of financial management an analysis of project cost changes as they apply to overall project costs, for projects funded from the transportation improvement account and the urban arterial trust account. The initial report, due October 31, 1993, shall compare cost estimates at the time of project approval to present estimate or final cost for all urban arterial trust account projects selected from 1989 forward and for all transportation improvement account projects. The board shall provide an update to the report each quarter thereafter citing the amount and reason for additional changes in actual or estimated costs for any project.
(3) $50,000,000 of the transportation improvement account--state appropriation in this section is conditioned on the enactment of ((Senate Bill No. 5969)) RCW 47.26.500 through 47.26.507, authorizing bond sales for projects funded from the transportation improvement account.
(4) The motor vehicle fund--urban arterial trust account--state appropriation includes a loan of up to $5,000,000 from the motor vehicle fund--transportation improvement account, which shall be repaid by July 1, 1996.
Sec. 5. 1993 sp.s. c 23 s 6 (uncodified) is amended to read as follows:
FOR THE STATE PATROL--FIELD OPERATIONS BUREAU
Motor Vehicle Fund--State Patrol Highway Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((143,616,000))
141,603,000
Motor Vehicle Fund--State Patrol Highway Account--
Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,218,000
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 788,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((147,622,000))
145,609,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Any user of Washington state patrol aircraft shall reimburse the Washington state patrol for its pro rata share of all operating and maintenance costs including capitalization.
(2) Any funds expended for the acquisition of new alcohol breath test equipment shall not exceed actual revenues collected under RCW 46.61.515(5).
(3) If the federal government reimburses the state patrol for its Asian-Pacific Economic Cooperation (APEC) Conference security costs, an amount equal to the general fund--state appropriation for this purpose shall be deposited in the general fund and the remainder deposited in the state patrol highway account.
(4) Only commissioned officers and commercial vehicle enforcement officers involved directly and primarily in traffic enforcement activities will be assigned vehicles by the Washington state patrol.
Sec. 6. 1993 sp.s. c 23 s 7 (uncodified) is amended to read as follows:
FOR THE STATE PATROL--INVESTIGATIVE SERVICES BUREAU
Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((1,371,000))
1,494,000
Motor Vehicle Fund--State Patrol Highway
Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((4,444,000))
3,695,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((5,815,000))
5,189,000
The appropriations in this section are subject to the following conditions and limitations: $356,000 of the motor vehicle fund--state patrol highway account--state appropriation and transportation fund--state appropriation contained in this section is for a central computerized enforcement service system, commonly called "ACCESS". The expenditures shall not exceed the actual revenues collected from the users of the system.
Sec. 7. 1993 sp.s. c 23 s 8 (uncodified) is amended to read as follows:
FOR THE STATE PATROL--SUPPORT SERVICES BUREAU
Motor Vehicle Fund--State Patrol Highway Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((57,474,000))
55,923,000
Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((3,391,000))
3,691,000
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 1,099,000
Highway Safety Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 216,000
Highway Safety Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,596,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((61,964,000))
63,525,000
The appropriations in this section are subject to the conditions and limitations:
(1) Of the total appropriation provided for in this section $216,000 of the highway safety fund--state appropriation, $2,596,000 of the highway safety fund--federal appropriation, and $300,000 of the transportation fund--state appropriation is provided solely for carrying out the responsibilities transferred from the Washington traffic safety commission to the Washington state patrol as provided for in Senate Bill No. 6523 (traffic safety commission). If the bill is not enacted by June 30, 1994, the amounts contained in this subsection shall lapse.
(2) The state patrol may use up to $100,000 of the state patrol highway account appropriation to conduct a study of current management programs and levels of staffing for management positions within the Washington state patrol. This study is to include, but not be limited to management program requirements and relative growth of the number of positions at each management level by program. A detailed study plan is to be presented to the legislative transportation committee by May 1, 1994. Study findings and recommendations for modifications to the management structure are to be presented to the legislative transportation committee by September 30, 1994.
(3) It is the intent of the legislature that: (a) There be no cadet classes during the 1993-95 biennium; and (b) the chief of the Washington state patrol shall maintain the current field force level of seven hundred troopers and sergeants through management reductions.
Sec. 8. 1993 sp.s. c 23 s 9 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF LICENSING--MANAGEMENT OPERATIONS
General Fund--Wildlife Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((46,000))
66,000
Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((414,000))
771,000
Highway Safety Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((5,523,000))
4,673,000
Highway Safety Fund--Motorcycle Safety Education
Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((96,000))
76,000
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((4,379,000))
3,996,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((10,458,000))
9,582,000
The legislative transportation committee has adopted recommendations and taken specific legislative action to improve the department of licensing service delivery, as well as other transportation agencies' services.
The legislature has recognized the need to improve the department of licensing service-delivery system, specifically driver and vehicle licensing services. The legislature has provided funding for three separate strategic initiatives to enhance the department of licensing and other transportation related services offered to the public. The legislature, in this and previous legislative sessions, has provided funding for: (a) The licensing application migration project (LAMP); (b) a capital budget program; and (c) the reclassification of licensing personnel. The legislature funded these three strategic initiatives to improve services to the public.
Recognizing the significant changes required throughout the department as a result of the licensing application migration project, the new capital budget program, and the reclassification of licensing personnel, the legislature finds there is a need to develop a comprehensive strategic plan to establish the foundation for future changes which will be required to maximize productivity improvements associated with the three strategic initiatives, and to maximize customer service-delivery improvements.
The appropriations in this section are subject to the following conditions and limitations:
(1)(a) By May 1, 1994, the department shall provide the legislative transportation committee and the office of financial management with a workplan for the development of a strategic initiatives plan.
(b) By September 1, 1994, the department shall provide the legislative transportation committee and the office of financial management with a plan implementing the above mentioned strategic initiatives and that profiles how and when the department of licensing intends to implement the changes necessary to achieve the benefits associated with such strategic initiatives funded by the legislature.
(2) The strategic initiatives plan shall include at a minimum the following elements: (a) Implementation schedule; (b) analysis of alternatives; (c) employee education and communication strategies regarding plan implementation; (d) an analysis of costs, benefits, and full time equivalents; and (e) a recommendation for a preferred alternative.
(3) The department may use up to $50,000 of the motor vehicle fund--state appropriation, and $50,000 of the highway safety fund--state appropriation provided for in this section for the development of the workplan and a strategic initiatives plan.
Sec. 9. 1993 sp.s. c 23 s 10 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF LICENSING--INFORMATION SYSTEMS
General Fund--Wildlife Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((221,000))
127,000
Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((247,000))
1,376,000
Highway Safety Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((5,131,000))
10,625,000
Highway Safety Fund--Motorcycle Safety Education
Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((50,000))
5,000
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((9,869,000))
17,011,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((15,518,000))
29,144,000
((Contained)) The appropriations in this ((appropriation is $10,000,000)) section are subject to the following conditions and limitations:
(1) $22,000,000 for the licensing application migration project (LAMP), of which $((6,000,000)) 13,200,000 is motor vehicle fund--state and $((4,000,000)) 8,800,000 highway safety fund--state.
(2) Of the $((10,000,000)) 22,000,000 appropriation $((500,000)) 1,100,000 is provided solely as a contingency amount. ((The appropriation for LAMP is conditioned upon))
(3) Compliance with ((section 49 of this act. If section 49 of this act is not enacted during the 1993 legislative session, then the $10,000,000 appropriation for the licensing application migration project (LAMP) shall lapse.)) section 49, chapter 23, Laws of 1993 sp. sess.
(4) The steering committee specified in the licensing application migration project (LAMP) feasibility study, dated July 7, 1992, shall meet no less than bi-monthly. In addition to the existing steering committee membership established in the feasibility study, the LAMP project director, the LAMP contractor's project manager, the LAMP quality assurance consultant, and a representative of the Washington state patrol shall be ex officio members of the LAMP steering committee.
(5) The LAMP quality assurance consultant shall provide the LAMP steering committee with bi-monthly reports on the status of the LAMP project. The bi-monthly reports shall be on alternate months from the bi-monthly reports provided by the department of information services. The reports required in this subsection shall also be delivered to the senate and house of representatives transportation committee chairs.
(6) The department of licensing, department of information services, and the Washington state patrol shall report to the LAMP steering committee and the legislative transportation committee by September 1, 1994, on the costs and benefits associated with the operations of the LAMP system at the Washington state patrol data center.
Sec. 10. 1993 sp.s. c 23 s 11 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF LICENSING--VEHICLE SERVICES
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((49,076,000))
44,860,000
General Fund--Marine Fuel Tax Refund Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 26,000
General Fund--Wildlife Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 520,000
Department of Licensing Services Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((676,000))
4,176,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((50,298,000))
49,582,000
Sec. 11. 1993 sp.s. c 23 s 12 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF LICENSING--DRIVER SERVICES
Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((4,396,000))
1,871,000
Highway Safety Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((51,929,000))
54,765,000
Highway Safety Fund--Motorcycle Safety Education
Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 1,300,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((57,625,000))
57,936,000
(($400,000 of the highway safety fund--motorcycle safety education account appropriation in this section is provided solely to enhance the motorcycle testing program. If Senate Bill No. 5101 is not enacted during the 1993 legislative session, the $400,000 appropriation is null and void.))
NEW SECTION. Sec. 12. A new section is added to 1993 sp.s. c 23 to read as follows:
Notwithstanding section 7(11)(a), chapter 14, Laws of 1991 sp. sess., the department of licensing shall not be assessed a space use charge for the highway-licenses building until there is a statutorily adopted space use charge or debt service plan by the legislature.
Sec. 13. 1993 sp.s. c 23 s 13 (uncodified) is amended to read as follows:
FOR THE LEGISLATIVE TRANSPORTATION COMMITTEE
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((2,644,000))
2,591,000
Sec. 14. 1993 sp.s. c 23 s 16 (uncodified) is amended to read as follows:
FOR THE TRANSPORTATION COMMISSION
Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((1,637,000))
1,604,000
The appropriation in this section is subject to the following conditions and limitations: The Washington state transportation commission shall make recommendations on the facility, operations, and funding components of implementing passenger-only service from Seattle/Vashon/Southworth and Seattle/Kingston. Such recommendations shall be submitted to the governor and the legislative transportation committee on or before September 30, 1993.
Sec. 15. 1993 sp.s. c 23 s 21 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--STATE HIGHWAY RESURFACING, RESTORATION, REHABILITATION, AND SAFETY--PROGRAM A
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((174,337,000))
182,023,000
Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 98,040,000
Motor Vehicle Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 3,460,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((275,837,000))
283,523,000
The appropriations in this section are provided for the location, design, right of way, and construction of state highway projects designated as category "A" under RCW 47.05.030. The appropriations in this section are subject to the following conditions and limitations:
(1) Up to $650,000 of the motor vehicle fund--state appropriation is provided solely for an inventory of drainage facilities; analysis of water sources entering the Washington department of transportation facilities; testing for contaminants; analyzing the flow of discharged stormwater; and developing a prioritization system that will enable the department to evaluate proposed construction projects with regard to their effects on sensitive water bodies.
(2) Up to $1,326,000 of the motor vehicle fund--state appropriation is provided for fish passage barrier removal. The department of transportation shall cooperate with the department of fisheries to continue retrofit work now in progress, finalize the inventory, and begin additional projects as funds allow.
(3) Up to $1,200,000 of the motor vehicle fund--state appropriation is provided for the state match for the scenic highways program. In the event the full state match is not required, the remainder shall revert to the motor vehicle fund for future appropriation.
(4) Up to $33,400,000 of the motor vehicle fund--state appropriation is provided for a one-time expenditure for additional category A projects. It is the intent that the appropriations in this section do not commit the governor or the legislature to the transportation commission's proposed category A program update.
(5) The motor vehicle fund--state appropriation includes $9,500,000 in proceeds from the sale of bonds authorized in RCW 47.10.761 and 47.10.762. These funds shall be expended for emergency purposes only.
NEW SECTION. Sec. 16. 1993 sp.s. c 23 s 40 (uncodified) is repealed.
Sec. 17. 1993 sp.s. c 23 s 22 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--INTERSTATE HIGHWAY CONSTRUCTION--PROGRAM B
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((85,245,000))
80,245,000
Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 446,000,000
Motor Vehicle Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 4,000,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((535,245,000))
530,245,000
The appropriations in this section are provided for the location, design, right of way, and construction of state highway projects on the interstate system designated as category "B" under RCW 47.05.030. The appropriations in this section are subject to the following conditions and limitations:
(1) The motor vehicle fund--state appropriation includes a maximum of $50,800,000 in proceeds from the sale of bonds authorized by RCW 47.10.790 and 47.10.801. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(2) Should cash flow demands exceed the motor vehicle fund--federal appropriation, the motor vehicle fund--state appropriation is increased proportionally to provide matching state funds from the sale of bonds authorized by RCW 47.10.801 and 47.10.790 not to exceed $10,000,000 and it is understood that the department shall seek authority to expend unanticipated receipts for the federal portion.
(3) It is further recognized that the department may make use of federal cash flow obligations on interstate construction contracts in order to complete the interstate highway system as expeditiously as possible.
(4) Up to $7,185,000 of the appropriation in this section is provided for construction of demonstration projects specified in the federal intermodal surface transportation efficiency act (P.L. 101-240; 105 Stat. 1914). State funds needed for the federal match requirements shall be from the bonds sales proceeds not to exceed $1,437,000 as authorized by ((Senate Bill No. 5371)) RCW 47.10.819 through 47.10.824. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(5) Up to $((30,000,000)) 25,000,000 of the motor vehicle fund--state appropriation in this section is provided to expedite high occupancy vehicle lane construction on the interstate system.
(6) Pending the receipt of federal funds appropriated in this section, up to $120,000,000 of bonds authorized by chapter 6, Laws of 1993, may be sold to fund interstate construction project expenditures in advance of the receipt of federal funds. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds.
Sec. 18. 1993 sp.s. c 23 s 23 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--MAJOR NONINTERSTATE HIGHWAY CONSTRUCTION--PROGRAM C
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((77,540,000))
75,200,000
Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 66,948,000
Motor Vehicle Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ ((5,000,000))
16,000,000
Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((64,724,000))
83,564,000
Special Category C--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((166,833,000))
147,833,000
Puyallup Tribal Settlement Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 44,024,000
Puyallup Tribal Settlement Account--
Private Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 6,000,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((431,069,000))
439,569,000
The appropriations in this section are provided for the location, design, right of way acquisition, and construction of state highway projects designated as category "C" under RCW 47.05.030. The appropriations in this section are subject to the following conditions and limitations:
(1) The motor vehicle fund--state appropriation includes $32,800,000 in proceeds from the sale of bonds authorized by RCW 47.10.790 and 47.10.801. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(2) The motor vehicle fund--state appropriation includes proceeds of up to $8,400,000 from the sale of bonds authorized by House Bill No. 2593 (highway improvement funding) or substantially similar legislation. If House Bill No. 2593 (highway improvement funding) or substantially similar legislation is not enacted by June 30, 1994, the amount provided in this subsection shall lapse.
(3) Up to $44,000,000 of the motor vehicle fund--federal appropriation in this section is provided for construction of demonstration projects specified in the federal intermodal surface transportation efficiency act (P.L. 101-240; 105 Stat. 1914). The motor vehicle fund--state appropriation includes $11,000,000 or so much as may be required for the federal match requirements, which shall be from the bond sales proceeds as authorized by ((Senate Bill No. 5371)) RCW 47.10.819 through 47.10.824. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation. No bond proceeds shall be used to pay for a federal demonstration study project.
(((3))) (4) The special category C fund--state appropriation of $((166,833,000)) 147,833,000 includes $((108,000,000)) 89,000,000 in proceeds from the sale of bonds authorized by ((Senate Bill No. 5343)) RCW 47.10.812 through 47.10.817 for the 1st Avenue South Bridge in Seattle, North-South Corridor/Division Street improvements in Spokane, and selected sections of State Route 18. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(((4) Up to $45,760,000 of the motor vehicle fund--state appropriation, $64,724,000 of the transportation fund--state appropriation, and $14,948,000 of the motor vehicle fund--federal appropriation provided for in this section are for regular category C projects. Of the appropriations specified in this subsection, up to ten percent may be expended for preliminary engineering and right of way. The remainder shall be expended for construction contracts, including $10,295,000 for HOV lane projects on noninterstate state highways. Quarterly, beginning July 1, 1993, the department shall provide to the legislative transportation committee a list of the construction contracts awarded under this subsection and the amount of each contract award.))
(5) Up to $143,712,000 of the motor vehicle fund--state, motor vehicle fund--federal, motor vehicle fund--local, and transportation fund--state appropriations contained in this section is cumulatively provided solely for construction projects already under construction as assumed in section 23(4), chapter 23, Laws of 1993 sp. sess.
(6) $21,000,000 of the motor vehicle fund--state appropriation is provided solely for additional HOV lane projects on noninterstate state highways. Quarterly, beginning July 1, 1993, the department shall provide to the legislative transportation committee a list of the construction contracts awarded under this subsection and the amount of each contract award.
(((6))) (7) Up to $2,000,000 of the motor vehicle fund--state appropriation and $1,000,000 of the motor vehicle fund--local appropriation contained in this section is provided solely for the construction of rest areas provided local and/or private contributions of at least forty percent of total project costs are made. Local and/or private contributions may be in the form of in-kind contributions including but not limited to donations of property and services.
NEW SECTION. Sec. 19. A new section is added to 1993 sp.s. c 23 to read as follows:
There is hereby appropriated from the motor vehicle fund--state, $15,500,000 in proceeds from the sale of bonds authorized in chapter 11, Laws of 1993 sp. sess. These funds shall be expended for the following projects:
(1) SR 99 SEA TAC INTERNATIONAL BLVD;
(2) SR 18 SR 99 TO SR 5 - HOV LANES;
(3) SR 304 SR 3 TO BREMERTON FERRY TERMINAL;
(4) SR 2 LEAVENWORTH INTERMODAL IMP.;
(5) SR 16 OLYMPIC INTERCHANGE;
(6) SR 5 SUNSET DR. I/C - I/C MODIFICATIONS;
(7) SR 512 94TH AVE. E. INTERCHANGE; and
(8) SR 14 164TH AVE. INTERCHANGE.
These projects are not necessarily in prioritized order and are not subject to the provisions of chapter 490, Laws of 1993. The appropriation contained in this section fulfills the state's contribution toward the completion of these projects.
NEW SECTION. Sec. 20. A new section is added to 1993 sp.s. c 23 to read as follows:
There is hereby appropriated cumulatively from the motor vehicle fund--state and the transportation fund--state, up to $35,500,000 for preliminary engineering, right of way acquisition, and construction of the following regular category C projects:
(1) SPRING ST TO JOHNSON RD (627000D);
(2) W. LK SAMM. PKWY. TO SR 202 (152038A);
(3) DIAMOND LAKE CHANNELIZATION (600232E);
(4) 15TH SW TO SR 161 U-XING (351214A);
(5) ANDRESEN ROAD TO SR 503 (450093B);
(6) NE 144TH ST TO BATTLEGROUND (450387B);
(7) STEAMBOAT ISLAND RD I/C (310199A);
(8) GRAHAM HILL VICINITY (316111A);
(9) NORTH OF WINSLOW - STAGE 1 (330505A);
(10) SR 5 TO BLANDFORD DRIVE (401487A);
(11) 32ND STREET INTERCHANGE (316711A); and
(12) SUNNYSLOPE I/C - STAGE 2 (228531A).
These projects are not necessarily in prioritized order and are not subject to the provisions of chapter 490, Laws of 1993.
NEW SECTION. Sec. 21. A new section is added to 1993 sp.s. c 23 to read as follows:
There is hereby appropriated cumulatively from the motor vehicle fund--state and the transportation fund--state, up to $27,100,000 for preliminary engineering and right of way acquisition for the following projects:
(1) SO 360TH ST/MILTON RD SO TO SR 18 - STAGE 1 (116105B);
(2) SR 522 TO 228TH ST. SE - STAGE 1 (100900E);
(3) 104TH AVE NE TO 124TH AVE NE I/C (152020B) - C;
(4) 124TH NE I/C TO W. LAKE SAMM. PKWY. (152031A) - C;
(5) LEWIS STREET INTERCHANGE (501203Y);
(6) SR 202 INTERCHANGE (152039D);
(7) SE 312TH WAY TO SE 304TH ST - STAGE 2 (101811B);
(8) SR 82 TO SELAH (582301C);
(9) O'BRIEN TO LEWIS RD (310108B);
(10) NE 147TH TO 80TH NE - HOV LANES (152212A) - C;
(11) OLD CASCADE HWY - TO DECEPTION CR - STG 1 (200200B);
(12) PROPHETS POINT TO OLD CASCADE HWY - STG 2 (200200C); and
(13) SEQUIM BYPASS (310154A).
These projects are not necessarily in prioritized order and are not subject to the provisions of chapter 490, Laws of 1993.
Funding for the construction of these projects is not available in the 1995-97 biennium.
NEW SECTION. Sec. 22. A new section is added to 1993 sp.s. c 23 to read as follows:
There is hereby appropriated cumulatively from the motor vehicle fund--state and the transportation fund--state, up to $22,900,000 for the following high occupancy vehicle construction projects:
(1) 15TH ST SW TO 84TH AVE SO. - STAGE 2 (116703C) - C;
(2) 15TH ST SW TO 84TH AVE SO. - STAGE 2 (116703D) - C;
(3) PIERCE C.L. TO TUKWILA I/C - STAGE 1 (A00505B) - B;
(4) FEDERAL WAY PARK & RIDE #2 (A00503A) - B;
(5) LYNNWOOD PARK & RIDE #2 - STAGE 1 (A00534A) - B; and
(6) PIERCE C.L. TO TUKWILA I/C - STAGE 2 (A00505C) - B.
These projects are not necessarily in prioritized order and are not subject to the provisions of chapter 490, Laws of 1993. The appropriation in this section is not intended to fund the entire list of projects contained within this section.
NEW SECTION. Sec. 23. A new section is added to 1993 sp.s. c 23 to read as follows:
With the completion of the projects contained in section 18 (5) and (6) of this act, and sections 19 through 22 of this act, the legislature determines it has fulfilled its commitments made with the passage of the 1990 transportation revenue program, chapter 42, Laws of 1990.
NEW SECTION. Sec. 24. A new section is added to 1993 sp.s. c 23 to read as follows:
Should the normal project delivery schedule in sections 20, 21, and 22 of this act result in higher than expected cash flow expenditures in any one section, the department is authorized to move funds among the sections provided the total of $85,500,000 is not exceeded, and, provided that the department completes all construction projects identified in section 20 of this act; completes preliminary engineering and right of way on all construction projects identified in section 21 of this act; and, expends the appropriation provided solely for high occupancy vehicle construction projects in section 22 of this act.
NEW SECTION. Sec. 25. A new section is added to 1993 sp.s. c 23 to read as follows:
It is the intent of the legislature that if the revenues are insufficient to support the appropriations contained in this act for major noninterstate highway construction--program C, the transportation commission shall first reduce and/or eliminate the funding for the projects contained in section 22 of this act, and then section 21 of this act, and finally section 20 of this act.
NEW SECTION. Sec. 26. A new section is added to 1993 sp.s. c 23 to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--MAJOR NONINTERSTATE HIGHWAY CONSTRUCTION--PROGRAM C
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 2,000,000
The appropriation is provided solely for preliminary engineering for projects to be constructed in future biennia, such as state route no. 522.
Sec. 27. 1993 sp.s. c 23 s 25 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MANAGEMENT AND FACILITIES--PROGRAM D
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((31,028,000))
29,589,000
Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 400,000
Motor Vehicle Fund--Transportation Capital Facilities
Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((40,480,000))
42,230,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((71,908,000))
72,219,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Up to $750,000 of the motor vehicle fund--transportation capital facilities account--state appropriation is provided to implement the Americans with Disabilities Act (P.L. 101-336 42 U.S.C. Sec. 12101 et seq.).
(2) The transportation commission shall evaluate the current organizational structure of the department of transportation with regard to: (a) The number and allocation of full-time employees required to support the department's environmental efforts; (b) the qualifications of such full-time employees; (c) the amount of authority each environmental position carries; (d) the chain of command governing such environmental positions; (e) the effectiveness of the organization with regard to proactively negotiating environmental policies with state, federal, and local units of government; (f) the ability of the department to assimilate, incorporate, and disseminate environmental information between and among the department's various divisions, branches, sections, and districts; and (g) the ability of the department to plan, budget, and account for such environmental costs. The transportation commission shall develop a plan to maximize the effectiveness of the environmental activities within the department and shall provide specific recommendations regarding any organizational changes that may be warranted.
(3) Up to $50,000 of the motor vehicle fund--state appropriation is provided solely for the computer aided engineering support team for the purpose of design visualization.
Sec. 28. 1993 sp.s. c 23 s 26 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--AERONAUTICS--PROGRAM F
General Fund--Aeronautics Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ ((3,106,000))
5,106,000
General Fund--Aeronautics Account--Federal
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 652,000
General Fund--Search and Rescue Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 130,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((3,888,000))
5,888,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The aeronautics account appropriations in this section are provided for management and support of the aeronautics division, state fund grants to local airports, development and maintenance of a state-wide airport system plan, maintenance of state-owned emergency airports, and federal inspections.
(2) The search and rescue account--state appropriation in this section is provided for directing and conducting searches for missing, downed, overdue, or presumed downed general aviation aircraft; for safety and education activities necessary to insure safety of persons operating or using aircraft; and for the Washington wing civil air patrol in accordance with RCW 47.68.370.
Sec. 29. 1993 sp.s. c 23 s 27 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--COMMUNITY ECONOMIC REVITALIZATION--PROGRAM G
Motor Vehicle Fund--Economic Development Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((5,020,000))
10,020,000
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is funded with the proceeds from the sale of bonds authorized by RCW 47.10.801 and is provided for improvements to the state highway system necessitated by planned economic development. However, the transportation commission may authorize the transfer of funds from the motor vehicle fund in lieu of bond proceeds for this state appropriation, if House Bill No. 2593 (highway improvement funding) or substantially similar legislation is enacted by the legislature.
(2) This appropriation contains up to $5,000,000 solely for the necessary infrastructure to support the development of a horse racing facility approved by the horse racing commission.
Sec. 30. 1993 sp.s. c 23 s 28 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--NONINTERSTATE BRIDGES--PROGRAM H
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((45,027,000))
48,027,000
Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 71,000,000
Motor Vehicle Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 1,000,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((117,027,000))
120,027,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriations in this section are provided to preserve the structural and operating integrity of existing bridges. It is the intent that this appropriation does not commit the governor nor the legislature to the transportation commission's proposed twenty-year bridge program.
(2) Up to $5,000,000 of the motor vehicle fund--state appropriation is provided solely for rehabilitation of state-owned moveable bridges.
(3) The appropriations contained in this section include $10,000,000 for the bridge seismic retrofit program.
(4) The department of transportation shall provide to the legislative transportation committee and the office of financial management by December 1, 1994, a written status report identifying: (a) The bridges to be retrofitted within this appropriation; and (b) the actual expenditures by project through November 1, 1994, compared to the estimated expenditures, as well as total estimated expenditures through June 30, 1995.
(5) Following adoption of state criteria to evaluate local flood plain management ordinances by the flood hazard task force, the department of transportation shall report to the chairs of the house of representatives and senate transportation committees on those programmatic and fiscal impacts resulting from: (a) Passage of Substitute House Bill No. 2462; and (b) adoption of local flood plain ordinances pursuant to the growth management act.
Sec. 31. 1993 sp.s. c 23 s 29 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MAINTENANCE AND OPERATIONS--PROGRAM M
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((238,692,000))
238,156,000
Motor Vehicle Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 4,690,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((243,382,000))
242,846,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Up to $300,000 of the motor vehicle fund--state appropriation is provided to develop and implement a roadside vegetation management plan to comply with the Puget Sound water quality authority management plan. Emphasis shall be placed on nonchemical vegetation control.
(2) Up to $910,000 of the motor vehicle fund--state appropriation is provided for additional maintenance to prevent mechanical and electrical problems on floating bridges, maintenance on the Lacey V. Murrow floating bridge, and compliance with department of labor and industries maintenance regulations.
(3) Up to $600,000 of the motor vehicle fund--state appropriation is provided for testing and disposal of hazardous materials and for interjurisdictional and/or interagency development of eight treatment facilities.
(4) Up to $2,411,000 of the motor vehicle fund--state appropriation is provided to expedite and enhance traffic signal improvements.
(5) Up to $2,700,000 of the motor vehicle fund--state appropriation is provided solely for work force safety equipment.
(6) It is the intent of the legislature that the legislative transportation committee study the impact upon the department of transportation of the utilities accommodation policy, requiring the removal of power poles, guy lines, and junction boxes adjacent to state highways. The committee shall report its findings to the legislature no later than November 15, 1995. No additional moneys are appropriated in this section for the purpose of doing additional utility clear zone work.
Sec. 32. 1993 sp.s. c 23 s 31 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION MANAGEMENT AND SUPPORT--PROGRAM S
Motor Vehicle Fund--Puget Sound Capital Construction
Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 1,109,000
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((51,475,000))
51,668,000
Motor Vehicle Fund--Puget Sound Ferry Operations
Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 1,105,000
Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((897,000))
1,723,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((54,586,000))
55,605,000
Up to $((526,000)) 826,000 of the transportation fund--state appropriation is provided for the implementation of ((Substitute House Bill No. 1006)) chapter 47.46 RCW.
Sec. 33. 1993 sp.s. c 23 s 32 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--TRANSIT RESEARCH AND INTERMODAL PLANNING--PROGRAM T
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((16,376,000))
15,631,000
Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,314,000
High Capacity Transportation Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((17,500,000))
18,300,000
Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((44,088,000))
44,788,000
Transportation Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,852,000
Transportation Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 100,000
Central Puget Sound Public Transportation Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((21,100,000))
18,563,000
Public Transportation Systems Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 5,500,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((126,830,000))
125,048,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Up to $((31,000,000)) 33,200,000 of the transportation fund--state appropriation is provided for administrative costs, operating subsidies for contracted AMTRAK 403(b) service, and for capital projects to improve train speeds and service.
(2) Up to $((9,200,000)) 7,000,000 of the transportation fund--state appropriation is provided for state participation in the planning and construction of passenger rail depots and other passenger intermodal facilities.
(3) The central Puget Sound public transportation account--state appropriation and the public transportation systems account--state appropriation shall be distributed to local transit agencies based on the allocation process defined in ((Substitute House Bill No. 2036. These appropriations are null and void if Substitute House Bill No. 2036 is not enacted by the legislature)) chapter 393, Laws of 1993.
(4) Of the $3,400,000 motor vehicle fund--state appropriation provided for regional transportation planning organizations, funds not allocated to such organizations may be used for a discretionary grant program for special regional planning projects, to be administered by the department of transportation.
(5) Up to $250,000 of the motor vehicle fund--state appropriation contained in this section is provided solely for the Puget Sound transportation investment program. The program shall pay special attention to the Edmonds/Kingston run and development of an intermodal terminal at Point Edwards. Work on the program shall be completed and reported to the legislative transportation committee no later than ((December 15, 1993)) June 30, 1995.
(6) Up to $1,500,000 of the transportation fund--state appropriation contained in this section is provided solely for the rural mobility program.
(7) Up to $800,000 of the high capacity transportation account--state appropriation contained in this section, which does not require local match and is not subject to the allocation process specified in RCW 81.104.090, and up to $700,000 of the transportation fund--state appropriation contained in this section is provided for the central Puget Sound regional transit authority for matching funds for grants from subsection (bbb) and subsection (ccc) of section 3035 of United States P.L. 102-240 and for other costs required by RCW 81.104.140.
Sec. 34. 1993 sp.s. c 23 s 34 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--CHARGES FROM OTHER AGENCIES--PROGRAM U
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((30,124,000))
29,567,000
Motor Vehicle Fund--Puget Sound Ferry Operations
Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 2,000,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((32,124,000))
31,567,000
The appropriations in this section are subject to the following conditions and limitations:
The appropriations in this section are to provide for costs billed to the department for services provided by other state agencies as follows:
(1) Archives and records management, $258,000 motor vehicle fund--state appropriation;
(2) Attorney general tort claims support, $4,692,000 motor vehicle fund--state appropriation;
(3) Office of the state auditor, $793,000 motor vehicle fund--state appropriation;
(4) Department of general administration facility and services, $3,037,000 motor vehicle fund--state appropriation;
(5) Department of personnel, $3,088,000 motor vehicle fund--state appropriation;
(6) Self-insurance liability premiums and administration, $15,574,000 motor vehicle fund--state appropriation. If Senate Bill No. 6252 (government liability limits) is not enacted by June 30, 1994, the amount contained in this subsection, the motor vehicle fund--state appropriation and the total appropriation contained in this section are increased by $250,000;
(7) Department of general administration for capital projects performed on the transportation Olympia headquarters building and for maintenance work on the department of transportation/plaza parking garage, $1,704,000 motor vehicle fund--state appropriation;
(8) Office of minority and women's business enterprises, $421,000 motor vehicle fund--state appropriation;
(9) Marine division self-insurance liability premiums and administration, $2,000,000 motor vehicle fund--Puget Sound ferry operations account--state appropriation.
Sec. 35. 1993 sp.s. c 23 s 35 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--MARINE CONSTRUCTION--PROGRAM W
Motor Vehicle Fund--Puget Sound Capital Construction
Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((235,746,000))
198,150,000
Motor Vehicle Fund--Puget Sound Capital Construction
Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((32,237,000))
29,972,000
Motor Vehicle Fund--Puget Sound Capital Construction
Account--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 900,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((268,883,000))
229,022,000
The appropriations in this section are provided for improving the Washington state ferry system, including, but not limited to, vessel acquisition, vessel construction, major and minor vessel improvements, and terminal construction and improvements. The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriations in this section are provided to carry out only the projects presented to the legislature (version 4) for the 1993-95 budget. The department shall reconcile the 1991-93 capital expenditures within ninety days of the end of the biennium and submit a final report to the legislative transportation committee and office of financial management.
(2) The Puget Sound capital construction account--state appropriation includes $15,000,000 in proceeds from the sale of bonds authorized by RCW 47.60.560 and $((116,126,000)) 80,807,000 in proceeds from the sale of bonds authorized by RCW 47.60.800. However, the department of transportation may use current revenues available to the Puget Sound capital construction account in lieu of bond proceeds for any part of the state appropriation.
(3) The appropriation in this section provides for the construction, in the state of Washington, of new jumbo ferry vessels in accordance with the requirements of ((Substitute House Bill No. 1635)) RCW 47.60.770 through 47.60.778. The transportation commission shall provide progress reports to the legislative transportation committee and the governor regarding the implementation of ((Substitute House Bill No. 1635)) RCW 47.60.770 through 47.60.778.
(4) The department of transportation shall provide to the legislative transportation committee and office of financial management a quarterly financial report concerning the status of the capital program authorized in this section.
Sec. 36. 1993 sp.s. c 23 s 36 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--MARINE--PROGRAM X
Marine Operating Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 237,559,000
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is based on the budgeted expenditure of $27,123,000 for vessel operating fuel in the 1993-95 biennium. If the actual cost of fuel is less than this budgeted amount, the excess amount may not be expended. If the actual cost exceeds this amount, the department shall request a supplemental appropriation.
(2) The appropriation contained in this section provides for the compensation of ferry employees. The expenditures for compensation paid to ferry employees during the 1993-95 biennium may not exceed $159,183,000 plus a dollar amount, as prescribed by the office of financial management, that is equal to any insurance benefit increase granted general government employees in excess of $324.20 a month annualized per eligible marine employee multiplied by the number of eligible marine employees for the respective fiscal year, and a dollar amount as prescribed by the office of financial management for costs associated with pension amortization charges. For the purposes of this section, the expenditures for compensation paid to ferry employees shall be limited to salaries and wages and employee benefits as defined in the office of financial management's policies, regulations, and procedures named under objects of expenditure "A" and "B" (7.2.6.2).
The prescribed insurance benefit increase dollar amount that shall be allocated from the governor's compensation insurance benefits appropriation is in addition to the appropriation contained in this section and may be used to increase compensation costs, effective July 1, 1993, and July 1, 1994.
(3) The appropriation in this section includes $500,000 to (a) ensure the marine division of the department of transportation's compliance with RCW 88.46.060 through a contractual agreement between Washington state ferries and the Washington state maritime commission and (b) assist Washington state ferries in oil spill prevention, planning, and education in accordance with chapter 43.21I RCW.
(4) The appropriation in this section includes $154,000 for support of Clinton terminal agent expenses, but shall be expended only upon the construction of a new Clinton terminal.
(5) The appropriation in this section includes $359,000 to provide, during the summer, eight hours of Issaquah vessel class service on the Edmonds/Kingston route. This amount shall be expended only if the super class vessel refurbishment program impacts super class vessel service on this route.
(6) The appropriation in this section includes $185,000 to assess the ability of enhancing vessel maintenance for those routes that require extensive service schedules throughout the year by placing additional oiler staff hours on ((two)) select routes during the ((1993-94 fiscal year)) 1993-95 biennium. The results of this maintenance approach shall be reported to the legislative transportation committee and the office of financial management by ((December 1, 1993)) October 1, 1994.
(7) The department of transportation shall provide to the legislative transportation committee and office of financial management a quarterly financial report concerning the status of the operating program authorized in this section.
Sec. 37. 1993 sp.s. c 23 s 37 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--LOCAL PROGRAMS--PROGRAM Z
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((7,594,000))
31,486,000
Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 161,033,000
Motor Vehicle Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 5,086,000
Transfer Relief Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((3,920,000))
1,751,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((177,633,000))
199,356,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Up to $6,774,000 of the motor vehicle fund--federal appropriation in this section is provided for construction of demonstration projects specified in the federal intermodal surface transportation efficiency act (P.L. 101-240; 105 Stat. 1914). The motor vehicle fund--state appropriation includes $570,000 for the federal match requirements, which shall be from the bond sales proceeds as authorized by ((Senate Bill No. 5371)) RCW 47.10.819 through 47.10.824. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(2) Up to $300,000 of the motor vehicle fund--state appropriation is for a special study to be completed by December 1, 1994, that mutually benefits cities, counties, and the state. This study shall address the statutory and procedural barriers within each jurisdiction that inhibit a multijurisdictional approach to environmental mitigation; identify potential mitigation projects that might be more appropriate to address on a comprehensive regional basis rather than a project-by-project basis; assess whether or not a regional approach is achievable; and, if it is, identify candidate regional projects. Estimates of cost allocations between participating jurisdictions shall be made, including recommendations on appropriate funding sources. The study shall further identify those resources that could be shared between jurisdictions, including, but not limited to, hazardous waste sites, gravel pit sites, "bioremediation farms," wetland banks, pesticide storage facilities, and other transportation related activities that require environmental monitoring, mitigation, or protection.
(3) Up to $400,000 of the motor vehicle fund--state appropriation in this section is provided solely for the study contained in Substitute House Bill No. 1928 that mutually benefits cities, counties, and the state department of transportation.
(4) The motor vehicle fund--state appropriation includes $25,000,000 in proceeds from the sale of bonds authorized in RCW 47.10.819 through 47.10.824.
NEW SECTION. Sec. 38. 1993 sp.s. c 23 s 41 (uncodified) is repealed.
Sec. 39. 1993 sp.s. c 23 s 39 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--TRANSFER
Motor Vehicle Fund--State Appropriation
For transfer to the Transportation Capital Facilities
Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((40,480,000))
38,080,000
Transportation Equipment Fund--State Appropriation:
For transfer to the Motor Vehicle Fund--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 3,000,000
Motor Vehicle Fund--State Appropriation:
For transfer to the Economic Development Account--State Appropriation--$12,020,000 of which $10,020,000 shall be transferred to fund the appropriation contained in section 29 of this act and up to $2,000,000 shall be used to eliminate cash deficiencies that have accumulated in the economic development account over several biennia. If House Bill No. 2593 (highway improvement funding) or substantially similar legislation is not enacted by June 30, 1994, $7,020,000 of the amount provided in this transfer shall lapse. . . .$12,020,000
Transfer Relief Fund--State Appropriation:
For transfer to the Motor Vehicle
Fund--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 3,000,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 56,100,000
NEW SECTION. Sec. 40. A new section is added to 1993 sp.s. c 23 to read as follows:
ACQUISITION OF PROPERTIES AND FACILITIES THROUGH FINANCIAL CONTRACTS. (1) The department of licensing may enter into financial contracts, paid for from operating revenues, for the purposes indicated and in not more than the principal amounts indicated, plus financing expenses and required reserves under chapter 39.94 RCW as follows:
(a) Lease-development with option to purchase or lease-purchase a new customer service center in Vancouver for $1,704,000; and
(b) Lease-development with option to purchase or lease-purchase a new customer service center in North Spokane for $2,230,000.
(2) When securing properties under this section, the department shall use the most economical financial contract option available, including long-term leases, lease-purchase agreements, lease-development with option to purchase agreements, or financial contracts using certificates of participation.
NEW SECTION. Sec. 41. A new section is added to 1993 sp.s. c 23 to read as follows:
The Washington state patrol, the department of licensing, and the department of transportation shall report to the house of representatives and senate transportation committees of the legislature by September 15, 1994, on those projects contained within each agency's ten-year capital plan that consolidate services or activities between the agencies through joint construction of transportation facilities.
Sec. 42. 1993 sp.s. c 23 s 47 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE PATROL--CAPITAL
Motor Vehicle Fund--State Patrol Highway
Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((10,485,000))
8,562,000
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 765,000
Highway Safety Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 765,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((12,015,000))
10,092,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriations in this section are provided for the following projects:
(a) WSP/DOL DIST OFFICE--TACOMA;
(b) EVERETT DIST HDQTRS BUILDING;
(c) MINOR WORKS PRESERVATION;
((SHELTON TRNG ACAD RESTROOM REPAIR))
(d) REPLACE UNDERGROUND STORAGE TANKS;
((REPLACE RATTLESNAKE RIDGE COMMUNICATION SITE))
(e) SHELTON ACADEMY PROPERTY ACQUISITION;
((VANCOUVER CVE INSPECTION STATION
MT. VERNON COMM SITE CONSTRUCTION
SPOKANE CVE INSPECTION STATION))
(f) REPLACE SCALE MECHANISM SEATAC SOUTH;
(g) YAKIMA DISTRICT HDQTRS PREDESIGN;
(h) I-90 PORT OF ENTRY WEIGH STATION;
(i) SMOKEY POINT WEIGH STATION DESIGN; and
(j) MORTON DETACHMENT PROPERTY ACQUISITION
((LONGVIEW VIN LANE CONSTRUCTION PROPERTY ACQUISITION)).
Of the appropriations provided in this subsection, it is the intent of the legislature to defer as many of these capital projects as possible.
(2) The state patrol shall conduct a needs assessment of its facilities for compliance with Americans with disabilities act (ADA) standards. The study shall be provided to the office of financial management and the legislative transportation committee by September 15, 1994.
NEW SECTION. Sec. 43. A new section is added to 1993 sp.s. c 23 to read as follows:
If Senate Bill No. 6553 (seismic retrofitting) is enacted by January 1, 1995, the total appropriation contained in section 4 of this act "For the Transportation Improvement Board" is increased by $7,070,000 and the total appropriation contained in section 30 of this act "For the Department of Transportation--Noninterstate Bridges--Program H" is increased by $14,354,000.
NEW SECTION. Sec. 44. A new section is added to 1993 sp.s. c 23 to read as follows:
The department of transportation is authorized to transfer all revenues from the gasohol exemption holding account to the motor vehicle fund--state, as needed, to fund Category C highway projects. If House Bill No. 2326 (gasohol exemption repeal) is not enacted by January 1, 1995, this section shall be null and void.
NEW SECTION. Sec. 45. If unforeseen fluctuations in revenue cause a shortfall in funding the motor vehicle fund--state appropriations contained in this act, and if the office of financial management determines pursuant to RCW 43.88.050 that a cash deficiency is projected for the motor vehicle fund, the office of financial management shall direct the state treasurer to make short-term loans to the motor vehicle fund to alleviate such deficiencies. Such loans shall accrue interest at the rate actually realized on investments of general fund balances, and shall be repaid as soon as practicable or as soon as sufficient revenues have accumulated in the motor vehicle fund.
NEW SECTION. Sec. 46. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 47. 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 shall take effect immediately.
Signed by Representatives R. Fisher, Chair; Brown, Vice Chair; Jones, Vice Chair; Schmidt, Ranking Minority Member; Mielke, Assistant Ranking Minority Member; Backlund; Brough; Brumsickle; Cothern; Eide; Finkbeiner; Forner; Fuhrman; Hansen; Heavey; Horn; Johanson; J. Kohl; Orr; Patterson; Quall; Romero; Sheldon; Shin; Wood and Zellinsky.
Excused: Representative R. Meyers.
Passed to Committee on Rules for second reading.
February 23, 1994
SSB 6089 Prime Sponsor, Committee on Transportation: Creating the collegiate license plate fund program. Reported by Committee on Transportation
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 46.04 RCW to read as follows:
"Collegiate license plates" means license plates that display a depiction of the name and mascot or symbol of a state university, regional university, or state college as defined in RCW 28B.10.016.
Sec. 2. RCW 46.16.301 and 1990 c 250 s 1 are each amended to read as follows:
(1) The department may create, design, and issue special license plates((, upon terms and conditions as may be established by the department,)) that may be used in lieu of regular or personalized license plates ((upon)) for motor vehicles required to display two motor vehicle license plates, excluding vehicles registered under chapter 46.87 RCW, upon terms and conditions established by the department. The special plates may:
(a) Denote the age or type of vehicle; or ((may))
(b) Denote special activities or interests((,)); or
(c) Denote the status, or contribution or sacrifice for the United States, the state of Washington, or the citizens of the state of Washington, of a registered owner of that vehicle; or
(d) Display a depiction of the name and mascot or symbol of a state university, regional university, or state college as defined in RCW 28B.10.016.
(2) The department has the sole discretion to determine whether or not to create, design, or issue any series of special license plates and whether any ((activity,)) interest or status((, contribution, or sacrifice)) merits the issuance of a series of special license plates. In making this determination, the department shall consider whether or not an ((activity or)) interest ((proposed)) or status contributes or has contributed significantly to the public health, safety, or welfare of the citizens of the United States or of this state or to their significant benefit, or whether the ((activity,)) interest((, contribution, or sacrifice)) or status is recognized by the United States, this state, or other states, in other settings or contexts. The department may also consider the potential number of persons who may be eligible for the plates and the cost and efficiency of producing limited numbers of the plates. The design of a special license plate shall conform to all requirements for plates for the type of vehicle for which it is issued, as provided elsewhere in this chapter.
NEW SECTION. Sec. 3. A new section is added to chapter 46.16 RCW to read as follows:
Effective January 1, 1995, a state university, regional university, or state college as defined in RCW 28B.10.016 may apply to the department, in a form prescribed by the department, and request the department to issue a series of collegiate license plates depicting the name and mascot or symbol of the college or university, as submitted and approved for use by the requesting institution.
Sec. 4. RCW 46.16.313 and 1990 c 250 s 4 are each amended to read as follows:
(1) The department may establish a fee for ((the issuance of)) each type of special license ((plate or)) plates issued under RCW 46.16.301(1) (a), (b), or (c) in an amount calculated to offset the cost of production of the special license ((plate or)) plates and the administration of this program. The fee shall not exceed thirty-five dollars and is in addition to all other fees required to register and license the vehicle for which the plates have been requested. All such additional special license plate fees collected by the department shall be deposited in the state treasury and credited to the motor vehicle fund.
(2) In addition to all fees and taxes required to be paid upon application, registration, and renewal registration of a motor vehicle, the holder of a collegiate license plate shall pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds, minus the cost of plate production, shall be remitted to the custody of the state treasurer with a proper identifying detailed report. The state treasurer shall credit the funds to the appropriate collegiate license plate fund as provided in section 6 of this act.
Sec. 5. RCW 46.16.332 and 1990 c 250 s 9 are each amended to read as follows:
(1) The director may adopt fees to be charged by the department for emblems issued by the department under RCW 46.16.319 ((and 46.16.323)).
(2) The fee for each remembrance emblem issued under RCW 46.16.319 shall be in an amount sufficient to offset the costs of production of remembrance emblems and the administration of that program by the department plus an amount for use by the department of veterans affairs, not to exceed a total fee of twenty-five dollars per emblem. ((The fee for each special vehicle license plate emblem issued under RCW 46.16.323 shall be an amount sufficient to offset the cost of production of the emblems and of administering the special vehicle license plate emblem program.))
(3) The veterans' emblem account is created in the custody of the state treasurer. All receipts by the department from the issuance of remembrance emblems under RCW 46.16.319 shall be deposited into this fund. Expenditures from the fund may be used only for the costs of production of remembrance emblems and administration of the program by the department of licensing, with the balance used only by the department of veterans affairs for projects that pay tribute to those living veterans and to those who have died defending freedom in our nation's wars and conflicts and for the upkeep and operations of existing memorials, as well as for planning, acquiring land for, and constructing future memorials. Only the director of licensing, the director of veterans affairs, or their designees may authorize expenditures from the fund. The fund is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.
(((4) The special vehicle license plate emblem account is established in the state treasury. Fees collected by the department for emblems issued under RCW 46.16.323 shall be deposited into the special vehicle license plate emblem account to be used only to offset the costs of administering the special vehicle license plate emblem program.))
NEW SECTION. Sec. 6. A new section is added to chapter 28B.10 RCW to read as follows:
A collegiate license plate fund is established in the custody of the state treasurer for each college or university with a collegiate license plate program approved by the department under section 3 of this act. All receipts from collegiate license plates authorized under RCW 46.16.301 shall be deposited in the appropriate local college or university nonappropriated, nonallotted fund. Expenditures from the funds may be used only for student scholarships. Only the president of the college or university or the president's designee may authorize expenditures from the fund.
NEW SECTION. Sec. 7. By January 1, 1996, the department of licensing shall report to the legislative transportation committee regarding the number of colleges or universities issued a collegiate license plate series, and the total number of collegiate plates issued for each participating college or university.
NEW SECTION. Sec. 8. RCW 46.16.323 and 1990 c 250 s 7 are each repealed."
Signed by Representatives R. Fisher, Chair; Brown, Vice Chair; Jones, Vice Chair; Schmidt, Ranking Minority Member; Mielke, Assistant Ranking Minority Member; Backlund; Brough; Brumsickle; Cothern; Eide; Finkbeiner; Forner; Fuhrman; Hansen; Heavey; Horn; Johanson; J. Kohl; Orr; Patterson; Quall; Romero; Sheldon; Shin; Wood and Zellinsky.
Excused: Representative R. Meyers.
Passed to Committee on Rules for second reading.
February 25, 1994
SSB 6093 Prime Sponsor, Committee on Law & Justice: Revising the definition of "collection agency." Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 19.16.100 and 1990 c 190 s 1 are each amended to read as follows:
Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter shall have the following meanings:
(1) "Person" includes individual, firm, partnership, trust, joint venture, association, or corporation.
(2) "Collection agency" means and includes:
(a) Any person directly or indirectly engaged in soliciting claims for collection, or collecting or attempting to collect claims owed or due or asserted to be owed or due another person;
(b) Any person who directly or indirectly furnishes or attempts to furnish, sells, or offers to sell forms represented to be a collection system or scheme intended or calculated to be used to collect claims even though the forms direct the debtor to make payment to the creditor and even though the forms may be or are actually used by the creditor himself in his own name;
(c) Any person who in attempting to collect or in collecting his own claim uses a fictitious name or any name other than his own which would indicate to the debtor that a third person is collecting or attempting to collect such claim.
(3) "Collection agency" does not mean and does not include:
(a) Any individual engaged in soliciting claims for collection, or collecting or attempting to collect claims on behalf of a licensee under this chapter, if said individual is an employee of the licensee;
(b) Any individual collecting or attempting to collect claims for not more than one employer, if all the collection efforts are carried on in the name of the employer and if the individual is an employee of the employer;
(c) Any person whose collection activities are carried on in his or its true name and are confined and are directly related to the operation of a business other than that of a collection agency, such as but not limited to trust companies, savings and loan associations, building and loan associations, abstract companies doing an escrow business, real estate brokers, public officers acting in their official capacities, persons acting under court order, lawyers, insurance companies, credit unions, loan or finance companies, mortgage banks, and banks; ((or))
(d) Any person who on behalf of another person prepares or mails monthly or periodic statements of accounts due if all payments are made to that other person and no other collection efforts are made by the person preparing the statements of account; or
(e) An "out-of-state collection agency" as defined in this chapter.
(4) "Out-of-state collection agency" means a person whose activities within this state are limited to collecting debts from debtors located in this state by means of interstate communications, including telephone, mail, or facsimile transmission, from the person's location in another state on behalf of clients located outside of this state.
(5) "Claim" means any obligation for the payment of money or thing of value arising out of any agreement or contract, express or implied.
(((5))) (6) "Statement of account" means a report setting forth only amounts billed, invoices, credits allowed, or aged balance due.
(((6))) (7) "Director" means the director of licensing.
(((7))) (8) "Client" or "customer" means any person authorizing or employing a collection agency to collect a claim.
(((8))) (9) "Licensee" means any person licensed under this chapter.
(((9))) (10) "Board" means the Washington state collection agency board.
(((10))) (11) "Debtor" means any person owing or alleged to owe a claim.
Sec. 2. RCW 19.16.110 and 1971 ex.s. c 253 s 2 are each amended to read as follows:
No person shall act, assume to act, or advertise as a collection agency or out-of-state collection agency as defined in this chapter, except as authorized by this chapter, without first having applied for and obtained a license from the director.
Nothing contained in this section shall be construed to require a regular employee of a collection agency or out-of-state collection agency duly licensed under this chapter to procure a collection agency license.
Sec. 3. RCW 19.16.120 and 1977 ex.s. c 194 s 1 are each amended to read as follows:
In addition to other provisions of this chapter, any license issued pursuant to this chapter or any application therefor may be denied, not renewed, revoked, or suspended, or in lieu of or in addition to suspension a licensee may be assessed a civil, monetary penalty in an amount not to exceed one thousand dollars:
(1) If an individual applicant or licensee is less than eighteen years of age or is not a resident of this state.
(2) If an applicant or licensee is not authorized to do business in this state.
(3) If the application or renewal forms required by this chapter are incomplete, fees required under RCW 19.16.140 and 19.16.150, if applicable, have not been paid, and the surety bond or cash deposit or other negotiable security acceptable to the director required by RCW 19.16.190, if applicable, has not been filed or renewed or is canceled.
(4) If any individual applicant, owner, officer, director, or managing employee of a nonindividual applicant or licensee:
(a) Shall have knowingly made a false statement of a material fact in any application for a collection agency license or an out-of-state collection agency license or renewal thereof, or in any data attached thereto and two years have not elapsed since the date of such statement;
(b) Shall have had a license to engage in the business of a collection agency or out-of-state collection agency denied, not renewed, suspended, or revoked by this state, any other state, or foreign country, for any reason other than the nonpayment of licensing fees or failure to meet bonding requirements: PROVIDED, That the terms of this subsection shall not apply if:
(i) Two years have elapsed since the time of any such denial, nonrenewal, or revocation; or
(ii) The terms of any such suspension have been fulfilled;
(c) Has been convicted in any court of any felony involving forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, or conspiracy to defraud and is incarcerated for that offense or five years have not elapsed since the date of such conviction;
(d) Has had any judgment entered against him in any civil action involving forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, or conspiracy to defraud and five years have not elapsed since the date of the entry of the final judgment in said action: PROVIDED, That in no event shall a license be issued unless the judgment debt has been discharged;
(e) Has had his license to practice law suspended or revoked and two years have not elapsed since the date of such suspension or revocation, unless he has been relicensed to practice law in this state;
(f) Has had any judgment entered against him or it under the provisions of RCW 19.86.080 or 19.86.090 involving a violation or violations of RCW 19.86.020 and two years have not elapsed since the entry of the final judgment: PROVIDED, That in no event shall a license be issued unless the terms of such judgment, if any, have been fully complied with: PROVIDED FURTHER, That said judgment shall not be grounds for denial, suspension, nonrenewal, or revocation of a license unless the judgment arises out of and is based on acts of the applicant, owner, officer, director, managing employee, or licensee while acting for or as a collection agency or an out-of-state collection agency;
(g) Has petitioned for bankruptcy, and two years have not elapsed since the filing of said petition;
(h) Shall be insolvent in the sense that his or its liabilities exceed his or its assets or in the sense that he or it cannot meet his or its obligations as they mature;
(i) Has failed to pay any civil, monetary penalty assessed in accordance with RCW 19.16.351 or 19.16.360 within ten days after the assessment becomes final; ((or))
(j) Has knowingly failed to comply with, or violated any provisions of this chapter or any rule or regulation issued pursuant to this chapter, and two years have not elapsed since the occurrence of said noncompliance or violation; or
(k) Has been found by a court of competent jurisdiction to have violated the federal fair debt collection practices act, 15 U.S.C. Sec. 1692 et seq., or the Washington state consumer protection act, chapter 19.86 RCW, and two years have not elapsed since that finding.
Any person who is engaged in the collection agency business as of January 1, 1972 shall, upon filing the application, paying the fees, and filing the surety bond or cash deposit or other negotiable security in lieu of bond required by this chapter, be issued a license hereunder.
Sec. 4. RCW 19.16.140 and 1985 c 7 s 81 are each amended to read as follows:
Each applicant when submitting his application shall pay a licensing fee and an investigation fee determined by the director as provided in RCW 43.24.086. The licensing fee for an out-of-state collection agency shall not exceed fifty percent of the licensing fee for a collection agency. An out-of-state collection agency is exempt from the licensing fee if the agency is licensed or registered in a state that does not require payment of an initial fee by any person who collects debts in the state only by means of interstate communications from the person's location in another state. If a license is not issued in response to the application, the license fee shall be returned to the applicant.
An annual license fee determined by the director as provided in RCW 43.24.086 shall be paid to the director on or before January first of each year. The annual license fee for an out-of-state collection agency shall not exceed fifty percent of the annual license fee for a collection agency. An out-of-state collection agency is exempt from the annual license fee if the agency is licensed or registered in a state that does not require payment of an annual fee by any person who collects debts in the state only by means of interstate communications from the person's location in another state. If the annual license fee is not paid on or before January first, the licensee shall be assessed a penalty for late payment in an amount determined by the director as provided in RCW 43.24.086. If the fee and penalty are not paid by January thirty-first, it will be necessary for the licensee to submit a new application for a license: PROVIDED, That no license shall be issued upon such new application unless and until all fees and penalties previously accrued under this section have been paid.
Any license or branch office certificate issued under the provisions of this chapter shall expire on December thirty-first following the issuance thereof.
Sec. 5. RCW 19.16.190 and 1971 ex.s. c 253 s 10 are each amended to read as follows:
(1) Except as limited by subsection (7) of this section, each applicant shall, at the time of applying for a license, file with the director a surety bond in the sum of five thousand dollars. The bond shall be annually renewable on January first of each year, shall be approved by the director as to form and content, and shall be executed by the applicant as principal and by a surety company authorized to do business in this state as surety. Such bond shall run to the state of Washington as obligee for the benefit of the state and conditioned that the licensee shall faithfully and truly perform all agreements entered into with the licensee's clients or customers and shall, within thirty days after the close of each calendar month, account to and pay to his client or customer the net proceeds of all collections made during the preceding calendar month and due to each client or customer less any offsets due licensee under RCW 19.16.210 and 19.16.220. The bond required by this section shall remain in effect until canceled by action of the surety or the licensee or the director.
(2) An applicant for a license under this chapter may furnish, file, and deposit with the director, in lieu of the surety bond provided for herein, a cash deposit or other negotiable security acceptable to the director. The security deposited with the director in lieu of the surety bond shall be returned to the licensee at the expiration of one year after the collection agency's license has expired or been revoked if no legal action has been instituted against the licensee or on said security deposit at the expiration of said one year.
(3) A surety may file with the director notice of his or its withdrawal on the bond of the licensee. Upon filing a new bond or upon the revocation of the collection agency license or upon the expiration of sixty days after the filing of notice of withdrawal as surety by the surety, the liability of the former surety for all future acts of the licensee shall terminate.
(4) The director shall immediately cancel the bond given by a surety company upon being advised that the surety company's license to transact business in this state has been revoked.
(5) Upon the filing with the director of notice by a surety of his withdrawal as the surety on the bond of a licensee or upon the cancellation by the director of the bond of a surety as provided in this section, the director shall immediately give notice to the licensee of the withdrawal or cancellation. The notice shall be sent to the licensee by registered or certified mail with request for a return receipt and addressed to the licensee at his or its main office as shown by the records of the director. At the expiration of thirty days from the date of mailing the notice, the license of the licensee shall be terminated, unless the licensee has filed a new bond with a surety satisfactory to the director.
(6) All bonds given under this chapter shall be filed and held in the office of the director.
(7) An out-of-state collection agency need not fulfill the bonding requirements under this section if the out-of-state collection agency maintains an adequate bond or legal alternative as required by the state in which the out-of-state collection agency is located.
Sec. 6. RCW 19.16.230 and 1987 c 85 s 1 are each amended to read as follows:
(1) Every licensee required to keep and maintain records pursuant to this section, other than an out-of-state collection agency, shall establish and maintain a regular active business office in the state of Washington for the purpose of conducting his or its collection agency business. Said office must be open to the public during reasonable stated business hours, and must be managed by a resident of the state of Washington.
(2) Every licensee shall keep a record of all sums collected by him or it and all disbursements made by him or it. All such records shall be kept at the business office referred to in subsection (1) of this section, unless the licensee is an out-of-state collection agency, in which case the record shall be kept at the business office listed on the licensee's license.
(3) Licensees shall maintain and preserve accounting records of collections and payments to customers for a period of four years from the date of the last entry thereon.
Sec. 7. RCW 19.16.240 and 1971 ex.s. c 253 s 15 are each amended to read as follows:
Each licensee, other than an out-of-state collection agency, shall at all times maintain a separate bank account in this state in which all moneys collected by the licensee shall be deposited except that negotiable instruments received may be forwarded directly to a customer. Moneys received must be deposited within ten days after posting to the book of accounts. In no event shall moneys received be disposed of in any manner other than to deposit such moneys in said account or as provided in this section.
The bank account shall bear some title sufficient to distinguish it from the licensee's personal or general checking account, such as "Customer's Trust Fund Account". There shall be sufficient funds in said trust account at all times to pay all moneys due or owing to all customers and no disbursements shall be made from such account except to customers or to remit moneys collected from debtors on assigned claims and due licensee's attorney or to refund over payments except that a licensee may periodically withdraw therefrom such moneys as may accrue to licensee.
Any money in such trust account belonging to a licensee may be withdrawn for the purpose of transferring the same into the possession of licensee or into a personal or general account of licensee.
Sec. 8. RCW 19.16.260 and 1971 ex.s. c 253 s 17 are each amended to read as follows:
No collection agency or out-of-state collection agency may bring or maintain an action in any court of this state involving the collection of a claim of any third party without alleging and proving that he or it is duly licensed under this chapter and has satisfied the bonding requirements hereof, if applicable: PROVIDED, That in any case where judgment is to be entered by default, it shall not be necessary for the collection agency or out-of-state collection agency to prove such matters.
A copy of the current collection agency license or out-of-state collection agency license, certified by the director to be a true and correct copy of the original, shall be prima facie evidence of the licensing and bonding of such collection agency or out-of-state collection agency as required by this chapter.
Sec. 9. RCW 19.16.390 and 1971 ex.s. c 253 s 30 are each amended to read as follows:
Personal service of any process in an action under this chapter may be made upon any person outside the state if such person has engaged in conduct in violation of this chapter which has had the impact in this state which this chapter reprehends. Such persons shall be deemed to have thereby submitted themselves to the jurisdiction of the courts of this state within the meaning of RCW 4.28.180 and 4.28.185. A holder of an out-of-state collection agency license is deemed to have appointed the director or the director's designee to be the licensee's true and lawful agent upon whom may be served any legal process against that licensee arising or growing out of any violation of this chapter.
Sec. 10. RCW 19.16.430 and 1973 1st ex.s. c 20 s 6 are each amended to read as follows:
(1) Any person who knowingly operates as a collection agency or out-of-state collection agency without a license or knowingly aids and abets such violation is punishable by a fine not exceeding five hundred dollars or by imprisonment not exceeding one year or both.
(2) Any person who operates as a collection agency or out-of-state collection agency in the state of Washington without a valid license issued pursuant to this chapter shall not charge or receive any fee or compensation on any moneys received or collected while operating without a license or on any moneys received or collected while operating with a license but received or collected as a result of his or its acts as a collection agency or out-of-state collection agency while not licensed hereunder. All such moneys collected or received shall be forthwith returned to the owners of the accounts on which the moneys were paid.
Sec. 11. RCW 19.16.440 and 1973 1st ex.s. c 20 s 7 are each amended to read as follows:
The operation of a collection agency or out-of-state collection agency without a license as prohibited by RCW 19.16.110 and the commission by a licensee or an employee of a licensee of an act or practice prohibited by RCW 19.16.250 are declared to be unfair acts or practices or unfair methods of competition in the conduct of trade or commerce for the purpose of the application of the Consumer Protection Act found in chapter 19.86 RCW.
Sec. 12. RCW 19.16.920 and 1971 ex.s. c 253 s 42 are each amended to read as follows:
(1) The provisions of this chapter relating to the licensing and regulation of collection agencies and out-of-state collection agencies shall be exclusive and no county, city, or other political subdivision of this state shall enact any laws or rules and regulations licensing or regulating collection agencies.
(2) This section shall not be construed to prevent a political subdivision of this state from levying a business and occupation tax upon collection agencies or out-of-state collection agencies maintaining an office within that political subdivision if a business and occupation tax is levied by it upon other types of businesses within its boundaries."
Signed by Representatives Heavey, Chair; G. Cole, Vice Chair; Lisk, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Conway; Horn; King; Springer and Veloria.
Passed to Committee on Rules for second reading.
February 24, 1994
SSB 6094 Prime Sponsor, Committee on Government Operations: Revising provisions relating to the sale of port property. Reported by Committee on Local Government
MAJORITY recommendation: Do pass with the following amendment:
On page 1, after the enacting clause, strike the remainder of the bill and insert:
"Sec. 1. RCW 53.08.090 and 1981 c 262 s 1 are each amended to read as follows:
(1) A port commission may, by resolution, authorize the managing official of a port district to sell and convey port district property of ((less than twenty-five hundred)) ten thousand dollars or less in value. ((Such)) The authority shall be in force for not more than one calendar year from the date of resolution and may be renewed from year to year. Prior to any such sale or conveyance the managing official shall itemize and list the property to be sold and make written certification to the commission that the listed property is no longer needed for district purposes. Any large block of ((such)) the property having a value in excess of ((twenty-five hundred)) ten thousand dollars shall not be broken down into components of ((less than twenty-five hundred)) ten thousand dollars or less value and sold in ((such)) the smaller components unless ((such)) the smaller components be sold by public competitive bid. A port district may sell and convey any of its real or personal property valued at more than ((twenty-five hundred)) ten thousand dollars when the port commission has, by resolution, declared the property to be no longer needed for district purposes, but no property which is a part of the comprehensive plan of improvement or modification thereof shall be disposed of until the comprehensive plan has been modified to find ((such)) the property surplus to port needs. The comprehensive plan shall be modified only after public notice and hearing provided by RCW 53.20.010.
Nothing in this section shall be deemed to repeal or modify procedures for property sales within industrial development districts as set forth in chapter 53.25 RCW.
(2) The ten thousand dollar figures in subsection (1) of this section shall be adjusted annually based upon the governmental price index established by the department of revenue under RCW 82.14.200."
Signed by Representatives H. Myers, Chair; Springer, Vice Chair; Edmondson, Ranking Minority Member; Reams, Assistant Ranking Minority Member; Dunshee; R. Fisher; Horn; Moak; Rayburn; Van Luven and Zellinsky.
Passed to Committee on Rules for second reading.
February 24, 1994
2SSB 6107 Prime Sponsor, Committee on Ways & Means: Allowing fees for services for the department of community, trade, and economic development. Reported by Committee on Environmental Affairs
MAJORITY recommendation: Do pass with the following amendment:
On page 2, line 17, after "under" strike "section 1" and insert "sections 1, 2 and 7"
Signed by Representatives Rust, Chair; Flemming, Vice Chair; Horn, Ranking Minority Member; Van Luven, Assistant Ranking Minority Member; Bray; Edmondson; Foreman; Hansen; Holm; L. Johnson; J. Kohl; Linville; Roland and Sheahan.
Referred to Committee on Appropriations.
February 24, 1994
ESSB 6111 Prime Sponsor, Committee on Government Operations: Changing ethics provisions for state officers and state employees. Reported by Committee on State Government
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. Government derives its powers from the people. Ethics in government are the foundation on which the structure of government rests. State officials and employees of government hold a public trust that obligates them, in a special way, to honesty and integrity in fulfilling the responsibilities to which they are elected and appointed. Paramount in that trust is the principle that public office, whether elected or appointed, may not be used for personal gain or private advantage.
The citizens of the state expect all state officials and employees to perform their public responsibilities in accordance with the highest ethical and moral standards and to conduct the business of the state only in a manner that advances the public's interest. State officials and employees are subject to the sanctions of law and scrutiny of the media; ultimately, however, they are accountable to the people and must consider this public accountability as a particular obligation of the public service. Only when affairs of government are conducted, at all levels, with openness as provided by law and an unswerving commitment to the public good does government work as it should.
The obligations of government rest equally on the state's citizenry. The effectiveness of government depends, fundamentally, on the confidence citizens can have in the judgments and decisions of their elected representatives. Citizens, therefore, should honor and respect the principles and the spirit of representative democracy, recognizing that both elected and appointed officials, together with state employees, seek to carry out their public duties with professional skill and dedication to the public interest. Such service merits public recognition and support.
All who have the privilege of working for the people of Washington state can have but one aim: To give the highest public service to its citizens.
PART I
GENERAL ETHICS PROVISIONS
NEW SECTION. Sec. 101. DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Agency" means any state board, commission, bureau, committee, department, institution, division, or tribunal in the legislative, executive, or judicial branch of state government. "Agency" includes all elective offices, the state legislature, those institutions of higher education created and supported by the state government, and those courts that are parts of state government.
(2) "Head of agency" means the chief executive officer of an agency. In the case of an agency headed by a commission, board, committee, or other body consisting of more than one natural person, agency head means the person or board authorized to appoint agency employees and regulate their conduct.
(3) "Assist" means to act, or offer or agree to act, in such a way as to help, aid, advise, furnish information to, or otherwise provide assistance to another person, believing that the action is of help, aid, advice, or assistance to the person and with intent so to assist such person.
(4) "Beneficial interest" has the meaning ascribed to it under the Washington case law. However, an ownership interest in a mutual fund or similar investment pooling fund in which the owner has no management powers does not constitute a beneficial interest in the entities in which the fund or pool invests.
(5) "Compensation" means anything of economic value, however designated, that is paid, loaned, granted, or transferred, or to be paid, loaned, granted, or transferred for, or in consideration of, personal services to any person.
(6) "Confidential information" means (a) specific information, rather than generalized knowledge, that is not available to the general public on request or (b) information made confidential by law.
(7) "Ethics boards" means the commission on judicial conduct, the legislative ethics board, and the executive ethics board.
(8) "Family" has the same meaning as "immediate family" in RCW 42.17.020.
(9) "Gift" means anything of economic value for which no consideration is given. "Gift" does not include:
(a) Items from family members or friends where it is clear beyond a reasonable doubt that the gift was not made as part of any design to gain or maintain influence in the agency of which the recipient is an officer or employee;
(b) Items related to the outside business of the recipient that are customary and not related to the recipient's performance of official duties;
(c) Items exchanged among officials and employees or a social event hosted or sponsored by a state officer or state employee for coworkers;
(d) Payments by a governmental or nongovernmental entity of reasonable expenses incurred in connection with a speech, presentation, appearance, or trade mission made in an official capacity. As used in this subsection, "reasonable expenses" are limited to travel, lodging, and subsistence expenses incurred the day before through the day after the event;
(e) Items a state officer or state employee is authorized by law to accept;
(f) Payment of enrollment and course fees and reasonable travel expenses attributable to attending seminars and educational programs sponsored by a bona fide nonprofit professional, educational, or trade association, or charitable institution. As used in this subsection, "reasonable expenses" are limited to travel, lodging, and subsistence expenses incurred the day before through the day after the event;
(g) Items returned by the recipient to the donor within thirty days of receipt or donated to a charitable organization within thirty days of receipt;
(h) Campaign contributions reported under chapter 42.17 RCW; and
(i) Discounts available to an individual as a member of an employee group, occupation, or similar broad-based group.
(10) "Honorarium" means money or thing of value offered to a state officer or state employee for a speech, appearance, article, or similar item or activity in connection with the state officer's or state employee's official role.
(11) "Participate" means to participate in state action or a proceeding personally and substantially as a state officer or state employee, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or otherwise but does not include preparation, consideration, or enactment of legislation or the performance of legislative duties.
(12) "Person" means any individual, partnership, association, corporation, firm, institution, or other entity, whether or not operated for profit.
(13) "Regulatory agency" means any state board, commission, department, or officer, except those in the legislative or judicial branches, authorized by law to conduct adjudicative proceedings, issue permits or licenses, or to control or affect interests of identified persons.
(14) "Responsibility" in connection with a transaction involving the state, means the direct administrative or operating authority, whether intermediate or final, and either exercisable alone or through subordinates, effectively to approve, disapprove, or otherwise direct state action in respect of such transaction.
(15) "State action" means any action on the part of an agency, including, but not limited to:
(a) A decision, determination, finding, ruling, or order; and
(b) A grant, payment, award, license, contract, transaction, sanction, or approval, or the denial thereof, or failure to act with respect to a decision, determination, finding, ruling, or order.
(16) "State officer" means every person holding a position of public trust in or under an executive, legislative, or judicial office of the state. "State officer" includes judges of the superior court, judges of the court of appeals, justices of the supreme court, members of the legislature together with the secretary of the senate and the chief clerk of the house of representatives, holders of elective offices in the executive branch of state government, chief executive officers of state agencies, members of boards, commissions, or committees with authority over one or more state agencies or institutions, and employees of the state who are engaged in supervisory, policy-making, or policy-enforcing work. For the purposes of this chapter, "state officer" also includes any person exercising or undertaking to exercise the powers or functions of a state officer.
(17) "State employee" means an individual who is employed by an agency in any branch of state government. For purposes of this chapter, employees of the superior courts are not state officers or state employees.
(18) "Thing of economic value", in addition to its ordinary meaning, includes:
(a) A loan, property interest, interest in a contract or other chose in action, and employment or another arrangement involving a right to compensation;
(b) An option, irrespective of the conditions to the exercise of the option; and
(c) A promise or undertaking for the present or future delivery or procurement.
(19) (a) "Transaction involving the state" means a proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other similar matter that the state officer, state employee, or former state officer or state employee in question believes, or has reason to believe:
(i) Is, or will be, the subject of state action; or
(ii) Is one to which the state is or will be a party; or
(iii) Is one in which the state has a direct and substantial proprietary interest.
(b) "Transaction involving the state" does not include the following: Preparation, consideration, or enactment of legislation, including appropriation of moneys in a budget, or the performance of legislative duties by an officer or employee; or a claim, case, lawsuit, or similar matter if the officer or employee did not participate in the underlying transaction involving the state that is the basis for the claim, case, or lawsuit.
NEW SECTION. Sec. 102. ACTIVITIES INCOMPATIBLE WITH PUBLIC DUTIES. No state officer or state employee may have an interest, financial or otherwise, direct or indirect, or engage in a business or transaction or professional activity, or incur an obligation of any nature, that is in conflict with the proper discharge of the state officer's or state employee's duties.
NEW SECTION. Sec. 103. FINANCIAL INTERESTS IN TRANSACTIONS. (1) No state officer or state employee may be beneficially interested, directly or indirectly, in a contract, sale, lease, purchase, or grant that may be made by, through, or is under the supervision of the officer or employee, in whole or in part, or accept, directly or indirectly, any compensation, gratuity, or reward from any other person beneficially interested in the contract, sale, lease, purchase, or grant.
(2) No state officer or state employee may participate in a transaction involving the state in his or her official capacity with a person of which the officer or employee is an officer, agent, employee, or member, or in which the officer or employee owns a beneficial interest.
NEW SECTION. Sec. 104. ASSISTING IN TRANSACTIONS. (1) Except in the course of official duties or incident to official duties, no state officer or state employee may assist another person, directly or indirectly, whether or not for compensation, in a transaction involving the state:
(a) In which the state officer or state employee has at any time participated; or
(b) If the transaction involving the state is or has been under the official responsibility of the state officer or state employee within a period of two years preceding such assistance.
(2) No state officer or state employee may share in compensation received by another for assistance that the officer or employee is prohibited from providing under subsection (1) or (3) of this section.
(3) A business entity of which a state officer or state employee is a partner, managing officer, or employee shall not assist another person in a transaction involving the state if the state officer or state employee is prohibited from doing so by subsection (1) of this section.
(4) This chapter does not prevent a state officer or state employee from assisting, in a transaction involving the state:
(a) The state officer's or state employee's parent, spouse, or child, or a child thereof for whom the officer or employee is serving as guardian, executor, administrator, trustee, or other personal fiduciary, if the state officer or state employee did not participate in the transaction; or
(b) Another state employee involved in disciplinary or other personnel administration proceedings.
NEW SECTION. Sec. 105. CONFIDENTIAL INFORMATION. No state officer or state employee may accept employment or engage in any business or professional activity that the officer or employee might reasonably expect would require or induce him or her to disclose confidential information acquired by the official or employee by reason of the official's or employee's official position.
(2) No state officer or state employee may disclose confidential information gained by reason of the officer's or employee's official position or otherwise use the information for his or her personal gain or benefit or the gain or benefit of another.
(3) No state officer or state employee may disclose confidential information to any person not entitled or authorized to receive the information.
(4) No state officer or state employee may intentionally conceal a record if the officer or employee knew the record was required to be released under chapter 42.17 RCW, was under a personal obligation to release the record, and failed to do so. This subsection does not apply where the decision to withhold the record was made in good faith.
NEW SECTION. Sec. 106. TESTIMONY OF STATE OFFICERS AND STATE EMPLOYEES. This chapter does not prevent a state officer or state employee from giving testimony under oath or from making statements required to be made under penalty of perjury or contempt.
NEW SECTION. Sec. 107. SPECIAL PRIVILEGES. Except as required to perform duties within the scope of employment, no state officer or state employee may use his or her position to secure special privileges or exemptions for himself or herself, or his or her spouse, child, parents, or other persons.
NEW SECTION. Sec. 108. POSTPUBLIC SERVICE EMPLOYMENT. (1) No former state officer or state employee may, within a period of one year from the date of termination of state employment, accept employment or receive compensation from an employer if:
(a) The officer or employee, during the two years immediately preceding termination of state employment, was engaged in the negotiation or administration on behalf of the state or agency of one or more contracts with that employer and was in a position to make discretionary decisions affecting the outcome of such negotiation or the nature of such administration;
(b) Such a contract or contracts have a total value of more than ten thousand dollars; and
(c) The duties of the employment with the employer or the activities for which the compensation would be received include fulfilling or implementing, in whole or in part, the provisions of such a contract or contracts or include the supervision or control of actions taken to fulfill or implement, in whole or in part, the provisions of such a contract or contracts. This subsection shall not be construed to prohibit a state officer or state employee from accepting employment with a state employee organization.
(2) No person who has served as a state officer or state employee may, within a period of two years following the termination of state employment, have a direct or indirect beneficial interest in a contract or grant that was expressly authorized or funded by specific legislative or executive action in which the former state officer or state employee participated.
(3) No former state officer or state employee may accept an offer of employment or receive compensation from an employer if the officer or employee knows or has reason to believe that the offer of employment or compensation was intended, in whole or in part, directly or indirectly, to influence the officer or employee or as compensation or reward for the performance or nonperformance of a duty by the officer or employee during the course of state employment.
(4) No former state officer or state employee may accept an offer of employment or receive compensation from an employer if the circumstances would lead a reasonable person to believe the offer has been made, or compensation given, for the purpose of influencing the performance or nonperformance of duties by the officer or employee during the course of state employment.
(5) No former state officer or state employee may at any time subsequent to his or her state employment assist another person, whether or not for compensation, in any transaction involving the state in which the former state officer or state employee at any time participated during state employment. This subsection shall not be construed to prohibit any employee or officer of a state employee organization from rendering assistance to state officers or state employees in the course of employee organization business.
(6) As used in this section, "employer" means a person as defined in section 101 of this act or any other entity or business that the person owns or in which the person has a controlling interest.
NEW SECTION. Sec. 109. FORMER STATE OFFICERS AND STATE EMPLOYEES. This chapter shall not be construed to prevent a former state officer or state employee from rendering assistance to others if the assistance is provided without compensation in any form and is limited to one or more of the following:
(1) Providing the names, addresses, and telephone numbers of state agencies or state employees;
(2) Providing free transportation to another for the purpose of conducting business with a state agency;
(3) Assisting a natural person or nonprofit corporation in obtaining or completing application forms or other forms required by a state agency for the conduct of a state business; or
(4) Providing assistance to the poor and infirm.
Sec. 110. RCW 42.18.270 and 1969 ex.s. c 234 s 27 are each amended to read as follows:
(1) The head of an agency, upon finding that any former state officer or state employee of such agency or any other person has violated any provision of this chapter or rules adopted under it, may, in addition to any other powers the head of such agency may have, bar or impose reasonable conditions upon:
(a) The appearance before such agency of such former state officer or state employee or other person; and
(b) The conduct of, or negotiation or competition for, business with such agency by such former state officer or state employee or other person, such period of time as may reasonably be necessary or appropriate to effectuate the purposes of this chapter.
(2) Findings of violations referred to in subsection (1)(b) of this section shall be made on record after notice and hearing, conducted in accordance with the Washington Administrative Procedure Act, chapter 34.05 RCW. Such findings and orders are subject to judicial review.
(3) This section does not apply to the legislative or judicial branches of government.
NEW SECTION. Sec. 111. COMPENSATION FOR OFFICIAL DUTIES. No state officer or state employee may, directly or indirectly, ask for or give or receive or agree to receive any compensation, gift, reward, or gratuity from a source except the state of Washington for performing or omitting or deferring the performance of any official duty, unless otherwise authorized by law.
NEW SECTION. Sec. 112. COMPENSATION FOR OUTSIDE ACTIVITIES. (1) No state officer or state employee may receive any thing of economic value under any contract or grant outside of his or her official duties. The prohibition in this subsection does not apply where each of the following conditions are met:
(a) The contract or grant is bona fide and actually performed;
(b) The performance or administration of the contract or grant is not within the course of the officer's or employee's official duties, or is not under the officer's or employee's official supervision;
(c) The performance of the contract or grant is not prohibited by section 104 of this act or by applicable laws or rules governing outside employment for the officer or employee;
(d) The contract or grant is neither performed for nor compensated by any person from whom such officer or employee would be prohibited by section 115(4) of this act from receiving a gift;
(e) The contract or grant is not one expressly created or authorized by the officer or employee in his or her official capacity or by his or her agency;
(f) The contract or grant would not require unauthorized disclosure of confidential information.
(2) In addition to satisfying the requirements of subsection (1) of this section, a state officer or state employee may have a beneficial interest in a grant or contract with a state agency only if:
(a) The contract or grant is awarded or issued as a result of an open and competitive bidding process in which more than one bid or grant application was received; or
(b) The contract or grant is awarded or issued as a result of an open and competitive bidding or selection process in which the officer's or employee's bid or proposal was the only bid or proposal received and the officer or employee has been advised by the appropriate ethics board, before execution of the contract or grant, that the contract or grant would not be in conflict with the proper discharge of the officer's or employee's official duties; or
(c) The process for awarding the contract or issuing the grant is not open and competitive, but the officer or employee has been advised by the appropriate ethics board that the contract or grant would not be in conflict with the proper discharge of the officer's or employee's official duties.
(3) A state officer or state employee awarded a contract or issued a grant in compliance with subsection (2) of this section shall file the contract or grant with the appropriate ethics board within thirty days after the date of execution.
(4) This section does not prevent a state officer or state employee from receiving compensation contributed from the treasury of the United States, another state, county, or municipality if the compensation is received pursuant to arrangements entered into between such state, county, municipality, or the United States and the officer's or employee's agency. This section does not prohibit a state officer or state employee from serving or performing any duties under an employment contract with a governmental entity.
(5) As used in this section, "officer" and "employee" do not include officers and employees who, in accordance with the terms of their employment or appointment, are serving without compensation from the state of Washington or are receiving from the state only reimbursement of expenses incurred or a predetermined allowance for such expenses.
NEW SECTION. Sec. 113. HONORARIA. (1) No state officer or state employee may receive honoraria unless specifically authorized by the agency where they serve as state officer or state employee.
(2) An agency may not permit honoraria under the following circumstances:
(a) The person offering the honorarium is seeking or is reasonably expected to seek contractual relations with or a grant from the employer of the state officer or state employee, and the officer or employee is in a position to participate in the terms or the award of the contract or grant;
(b) The person offering the honorarium is regulated by the employer of the state officer or state employee and the officer or employee is in a position to participate in the regulation; or
(c) The person offering the honorarium (i) is seeking or opposing or is reasonably likely to seek or oppose enactment of legislation or adoption of administrative rules or actions, or policy changes by the state officer's or state employee's agency; and (ii) the officer or employee may participate in the enactment or adoption.
NEW SECTION. Sec. 114. GIFTS. No state officer or state employee may receive, accept, take, seek, or solicit, directly or indirectly, any thing of economic value as a gift, gratuity, or favor from a person if it could be reasonably expected that the gift, gratuity, or favor would influence the vote, action, or judgment of the officer or employee, or be considered as part of a reward for action or inaction.
NEW SECTION. Sec. 115. LIMITATIONS ON GIFTS. (1) No state officer or state employee may accept gifts, other than those specified in subsections (2) and (5) of this section, with an aggregate value in excess of fifty dollars from a single source in a calendar year or a single gift from multiple sources with a value in excess of fifty dollars. For purposes of this section, "single source" means any person, as defined in section 101 of this act, whether acting directly or through any agent or other intermediary, and "single gift" includes any event, item, or group of items used in conjunction with each other or any trip including transportation, lodging, and attendant costs, not excluded from the definition of gift under section 101 of this act. The value of gifts given to an officer's or employee's family member shall be attributed to the official or employee for the purpose of determining whether the limit has been exceeded, unless an independent business, family, or social relationship exists between the donor and the family member.
(2) Except as provided in subsection (4) of this section, the following items are presumed not to influence under section 114 of this act, and may be accepted without regard to the limit established by subsection (1) of this section:
(a) Unsolicited flowers, plants, and floral arrangements;
(b) Unsolicited advertising or promotional items of nominal value, such as pens and note pads;
(c) Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item;
(d) Unsolicited items received by a state officer or state employee for the purpose of evaluation or review, if the officer or employee has no personal beneficial interest in the eventual use or acquisition of the item by the officer's or employee's agency;
(e) Informational material, publications, or subscriptions related to the recipient's performance of official duties;
(f) Food and beverages consumed at hosted receptions where attendance is related to the state officer's or state employee's official duties;
(g) Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental, or community organization; and
(h) Unsolicited gifts from dignitaries from another state or a foreign country that are intended to be personal in nature.
(3) The presumption in subsection (2) of this section is rebuttable and may be overcome based on the circumstances surrounding the giving and acceptance of the item.
(4) Notwithstanding subsections (2) and (5) of this section, a state officer or state employee of a regulatory agency or of an agency that seeks to acquire goods or services who participates in those regulatory or contractual matters may receive, accept, take, or seek, directly or indirectly, only the following items from a person regulated by the agency or from a person who seeks to provide goods or services to the agency:
(a) Unsolicited advertising or promotional items of nominal value, such as pens and note pads;
(b) Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item;
(c) Unsolicited items received by a state officer or state employee for the purpose of evaluation or review, if the officer or employee has no personal beneficial interest in the eventual use or acquisition of the item by the officer's or employee's agency;
(d) Informational material, publications, or subscriptions related to the recipient's performance of official duties;
(e) Food and beverages consumed at hosted receptions where attendance is related to the state officer's or state employee's official duties;
(f) Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental, or community organization; and
(g) Those items excluded from the definition of gift in section 101 of this act except:
(i) Payments by a governmental or nongovernmental entity of reasonable expenses incurred in connection with a speech, presentation, appearance, or trade mission made in an official capacity;
(ii) Payments for seminars and educational programs sponsored by a bona fide nonprofit professional, educational, or trade association, or charitable institution; and
(iii) Flowers, plants, and floral arrangements.
(5) A state officer or state employee may accept gifts in the form of food and beverage on infrequent occasions in the ordinary course of meals where attendance by the officer or employee is related to the performance of official duties. Gifts in the form of food and beverage that exceed fifty dollars on a single occasion shall be reported as provided in chapter 42.17 RCW.
Sec. 116. RCW 42.18.217 and 1987 c 426 s 3 are each amended to read as follows:
(1) No state officer or state employee may employ or use any person, money, or property under the officer's or employee's official control or direction, or in his or her official custody, for the private benefit or gain of the officer, employee, or another.
(2) This section does not prohibit the use of public resources to benefit others as part of a state officer's or state employee's public duties.
(3) The appropriate ethics boards may adopt rules providing exceptions to this section for occasional use of the state officer or state employee, of de minimis cost and value, if the activity does not result in interference with the proper performance of public duties.
Sec. 117. RCW 42.18.230 and 1987 c 426 s 5 are each amended to read as follows:
(((1))) No person shall give, pay, loan, transfer, or deliver, directly or indirectly, to any other person any thing of economic value believing or having reason to believe that there exist circumstances making the receipt thereof a violation of ((RCW 42.18.170, 42.18.190, and 42.18.213)) section 104, 111, 112, 114, or 115 of this act.
(((2) No person shall give, transfer, or deliver, directly or indirectly, to a state employee, any thing of economic value as a gift, gratuity, or favor if either:
(a) Such person would not give the gift, gratuity, or favor but for such employee's office or position with the state; or
(b) Such person is in a status specified in clause (a), (b), or (c) of RCW 42.18.200(2).
Exceptions to this subsection (2) may be made by regulations issued pursuant to RCW 42.18.240 in situations referred to in RCW 42.18.200(3).))
NEW SECTION. Sec. 118. USE OF PUBLIC RESOURCES FOR POLITICAL CAMPAIGNS. (1) No state officer or state employee may use or authorize the use of facilities of an agency, directly or indirectly, for the purpose of assisting a campaign for election of a person to an office or for the promotion of or opposition to a ballot proposition. Knowing acquiescence by a person with authority to direct, control, or influence the actions of the state officer or state employee using public resources in violation of this section constitutes a violation of this section. Facilities of an agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of state employees of the agency during working hours, vehicles, office space, publications of the agency, and clientele lists of persons served by the agency.
(2) This section shall not apply to the following activities:
(a) Action taken at an open public meeting by members of an elected legislative body to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition as long as (i) required notice of the meeting includes the title and number of the ballot proposition, and (ii) members of the legislative body or members of the public are afforded an approximately equal opportunity for the expression of an opposing view;
(b) A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry. For the purposes of this subsection, it is not a violation of this section for an elected official to respond to an inquiry regarding a ballot proposition, to make incidental remarks concerning a ballot proposition in an official communication, or otherwise comment on a ballot proposition without an actual, measurable expenditure of public funds. The public disclosure commission shall, after consultation with the ethics boards, adopt by rule a definition of measurable expenditure;
(c) Activities that are part of the normal and regular conduct of the office or agency; and
(d) De minimus use of public facilities by state-wide elected officials and legislators incidental to the preparation or delivery of permissible communications, including written and verbal communications initiated by them of their views on ballot propositions that foreseeably may affect a matter that falls within their constitutional or statutory responsibilities.
(3) As to state officers and employees, this section operates to the exclusion of RCW 42.17.130.
NEW SECTION. Sec. 119. INVESTMENTS. (1) Except for permissible investments as defined in this section, no state officer or state employee of any agency responsible for the investment of funds, who acts in a decision-making, advisory, or policy-influencing capacity with respect to investments, may have a direct or indirect interest in any property, security, equity, or debt instrument of a person, without prior written approval of the agency.
(2) Agencies responsible for the investment of funds shall adopt policies governing approval of investments and establishing criteria to be considered in the approval process. Criteria shall include the relationship between the proposed investment and investments held or under consideration by the state, the size and timing of the proposed investment, access by the state officer or state employee to nonpublic information relative to the proposed investment, and the availability of the investment in the public market. Agencies responsible for the investment of funds also shall adopt policies consistent with this chapter governing use by their officers and employees of financial information acquired by virtue of their state positions. A violation of such policies adopted to implement this subsection shall constitute a violation of this chapter.
(3) As used in this section, "permissible investments" means any mutual fund, deposit account, certificate of deposit, or money market fund maintained with a bank, broker, or other financial institution, a security publicly traded in an organized market if the interest in the security at acquisition is ten thousand dollars or less, or an interest in real estate, except if the real estate interest is in or with a party in whom the agency holds an investment.
NEW SECTION. Sec. 120. AGENCY RULES. (1) Each agency may adopt rules consistent with law, for use within the agency to protect against violations of this chapter.
(2) Each agency proposing to adopt rules under this section shall forward the rules to the appropriate ethics board before they may take effect. The board may submit comments to the agency regarding the proposed rules.
NEW SECTION. Sec. 121. A new section is added to chapter 42.23 RCW to read as follows:
(1) No municipal officer may use his or her position to secure special privileges or exemptions for himself, herself, or others.
(2) No municipal officer may, directly or indirectly, give or receive or agree to receive any compensation, gift, reward, or gratuity from a source except the employing municipality, for a matter connected with or related to the officer's services as such an officer unless otherwise provided for by law.
(3) No municipal officer may accept employment or engage in business or professional activity that the officer might reasonably expect would require or induce him or her by reason of his or her official position to disclose confidential information acquired by reason of his or her official position.
(4) No municipal officer may disclose confidential information gained by reason of the officer's position, nor may the officer otherwise use such information for his or her personal gain or benefit.
NEW SECTION. Sec. 122. A new section is added to chapter 42.17 RCW to read as follows:
A state-wide elected official or legislator may use campaign funds, other than surplus campaign funds, for payment of nonreimbursed, office-related expenses. Such expenditures shall be reported under RCW 42.17.080 and 42.17.090.
PART II
ETHICS ENFORCEMENT BOARDS
NEW SECTION. Sec. 201. LEGISLATIVE ETHICS BOARD. (1) The legislative ethics board is created, composed of nine members, selected as follows:
(a) Two senators, one from each of the two largest caucuses, appointed by the president of the senate;
(b) Two members of the house of representatives, one from each of the two largest caucuses, appointed by the speaker of the house of representatives;
(c) Five citizen members:
(i) One citizen member chosen by the governor from a list of three individuals submitted by each of the four legislative caucuses; and
(ii) One citizen member selected by three of the four other citizen members of the legislative ethics board.
(2) Except for initial members and members completing partial terms, nonlegislative members shall serve a single five-year term.
(3) No more than three of the public members may be identified with the same political party.
(4) Terms of initial nonlegislative board members shall be staggered as follows: One member shall be appointed to a one-year term; one member shall be appointed to a two-year term; one member shall be appointed to a three-year term; one member shall be appointed to a four-year term; and one member shall be appointed for a five-year term.
(5) A vacancy on the board shall be filled in the same manner as the original appointment.
(6) Legislative members shall serve two-year terms, from January 31st of an odd-numbered year until January 31st of the next odd-numbered year.
(7) Each member shall serve for the term of his or her appointment and until his or her successor is appointed.
(8) The citizen members shall annually select a chair from among themselves.
NEW SECTION. Sec. 202. AUTHORITY OF LEGISLATIVE ETHICS BOARD. (1) The legislative ethics board shall enforce this chapter and rules adopted under it with respect to members and employees of the legislature.
(2) The legislative ethics board shall:
(a) Develop educational materials and training with regard to legislative ethics for legislators and legislative employees;
(b) Issue advisory opinions;
(c) Adopt rules or policies governing the conduct of business by the board, and adopt rules defining working hours for purposes of section 118 of this act and where otherwise authorized under chapter . . ., Laws of 1994 (this act);
(d) Investigate, hear, and determine complaints by any person or on its own motion;
(e) Impose sanctions including reprimands and monetary penalties;
(f) Recommend suspension or removal to the appropriate legislative entity, or recommend prosecution to the appropriate authority; and
(g) Establish criteria regarding the levels of civil penalties appropriate for different types of violations of this chapter and rules adopted under it.
(3) The board may:
(a) Issue subpoenas for the attendance and testimony of witnesses and the production of documentary evidence relating to any matter under examination by the board or involved in any hearing;
(b) Administer oaths and affirmations;
(c) Examine witnesses; and
(d) Receive evidence.
(4) Subject to section 223 of this act, the board has jurisdiction over any alleged violation that occurred before January 1, 1995, and that was within the jurisdiction of any of the boards established under chapter 44.60 RCW. The board's jurisdiction with respect to any such alleged violation shall be based on the statutes and rules in effect at time of the violation.
NEW SECTION. Sec. 203. TRANSFER OF JURISDICTION. On the effective date of this section, any complaints or other matters under investigation or consideration by the boards of legislative ethics in the house of representatives and the senate operating pursuant to chapter 44.60 RCW shall be transferred to the legislative ethics board created by this act. All files, including but not limited to minutes of meetings, investigative files, records of proceedings, exhibits, and expense records, shall be transferred to the legislative ethics board created in this act pursuant to their direction and the legislative ethics board created in this act shall assume full jurisdiction over all pending complaints, investigations, and proceedings.
NEW SECTION. Sec. 204. EXECUTIVE ETHICS BOARD. (1) The executive ethics board is created, composed of five members, appointed by the governor as follows:
(a) One member shall be a classified service employee as defined in chapter 41.06 RCW;
(b) One member shall be a state officer or state employee in an exempt position;
(c) One member shall be a citizen selected from a list of three names submitted by the attorney general;
(d) One member shall be a citizen selected from a list of three names submitted by the state auditor; and
(e) One member shall be a citizen selected at large by the governor.
(2) Except for initial members and members completing partial terms, members shall serve a single five-year term.
(3) No more than three members may be identified with the same political party.
(4) Terms of initial board members shall be staggered as follows: One member shall be appointed to a one-year term; one member shall be appointed to a two-year term; one member shall be appointed to a three-year term; one member shall be appointed to a four-year term; and one member shall be appointed to a five-year term.
(5) A vacancy on the board shall be filled in the same manner as the original appointment.
(6) Each member shall serve for the term of his or her appointment and until his or her successor is appointed.
(7) The members shall annually select a chair from among themselves.
(8) Staff shall be provided by the office of the attorney general.
NEW SECTION. Sec. 205. AUTHORITY OF EXECUTIVE ETHICS BOARD. (1) The executive ethics board shall enforce this chapter and rules adopted under it with respect to state-wide elected officers and all other officers and employees in the executive branch, boards and commissions, and institutions of higher education.
(2) The executive ethics board shall:
(a) Develop educational materials and training;
(b) Adopt rules and policies governing the conduct of business by the board, and adopt rules defining working hours for purposes of section 118 of this act and where otherwise authorized under chapter . . ., Laws of 1994 (this act);
(c) Issue advisory opinions;
(d) Investigate, hear, and determine complaints by any person or on its own motion;
(e) Impose sanctions including reprimands and monetary penalties;
(f) Recommend to the appropriate authorities suspension, removal from position, prosecution, or other appropriate remedy; and
(g) Establish criteria regarding the levels of civil penalties appropriate for violations of this chapter and rules adopted under it.
(3) The board may:
(a) Issue subpoenas for the attendance and testimony of witnesses and the production of documentary evidence relating to any matter under examination by the board or involved in any hearing;
(b) Administer oaths and affirmations;
(c) Examine witnesses; and
(d) Receive evidence.
(4) The executive ethics board may review and approve agency policies as provided for in this chapter.
(5) This section does not apply to state officers and state employees of the judicial branch.
NEW SECTION. Sec. 206. AUTHORITY OF COMMISSION ON JUDICIAL CONDUCT. The commission on judicial conduct shall enforce this chapter and rules adopted under it with respect to state officers and employees of the judicial branch and may do so according to procedures prescribed in Article IV, section 31 of the state Constitution. In addition to the sanctions authorized in Article IV, section 31 of the state Constitution, the commission may impose sanctions authorized by this chapter.
NEW SECTION. Sec. 207. POLITICAL ACTIVITIES OF CITIZEN BOARD MEMBERS. No member of the executive ethics board and none of the five citizen members of the legislative ethics board may (1) hold or campaign for partisan elective office other than the position of precinct committeeperson, or any full-time nonpartisan office; (2) be an officer of any political party or political committee as defined in chapter 42.17 RCW other than the position of precinct committeeperson; (3) permit his or her name to be used, or make contributions, in support of or in opposition to any state candidate or state ballot measure; or (4) lobby or control, direct, or assist a lobbyist except that such member may appear before any committee of the legislature on matters pertaining to this chapter.
NEW SECTION. Sec. 208. HEARING AND SUBPOENA AUTHORITY. Except as otherwise provided by law, the ethics boards may hold hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony of a person under oath, and in connection therewith, to require the production for examination of any books or papers relating to any matter under investigation or in question before the ethics board. The ethics board may make rules as to the issuance of subpoenas by individual members, as to service of complaints, decisions, orders, recommendations, and other process or papers of the ethics board.
NEW SECTION. Sec. 209. ENFORCEMENT OF SUBPOENA AUTHORITY. In case of refusal to obey a subpoena issued to a person, the superior court of a county within the jurisdiction of which the investigation, proceeding, or hearing under this chapter is carried on or within the jurisdiction of which the person refusing to obey is found or resides or transacts business, upon application by the appropriate ethics board shall have jurisdiction to issue to the person an order requiring the person to appear before the ethics board or its member to produce evidence if so ordered, or to give testimony touching the matter under investigation or in question. Failure to obey such order of the court may be punished by the court as contempt.
NEW SECTION. Sec. 210. FILING COMPLAINT. (1) A person may, personally or by his or her attorney, make, sign, and file with the appropriate ethics board a complaint on a form provided by the appropriate ethics board. The complaint shall state the name of the person alleged to have violated this chapter or rules adopted under it and the particulars thereof, and contain such other information as may be required by the appropriate ethics board.
(2) If it has reason to believe that any person has been engaged or is engaging in a violation of this chapter or rules adopted under it, an ethics board may issue a complaint.
NEW SECTION. Sec. 211. INVESTIGATION. After the filing of any complaint, except as provided in section 214 of this act, the staff of the appropriate ethics board shall investigate the complaint. The investigation shall be limited to the alleged facts contained in the complaint. The results of the investigation shall be reduced to writing and a determination shall be made that there is or that there is not reasonable cause to believe that a violation of this chapter or rules adopted under it has been or is being committed. A copy of the written determination shall be provided to the complainant and to the person named in such complaint.
NEW SECTION. Sec. 212. PUBLIC HEARING--FINDINGS. (1) If the ethics board determines there is reasonable cause under section 211 of this act that a violation of this chapter or rules adopted under it occurred, a public hearing on the merits of the complaint shall be held.
(2) The ethics board shall designate the location of the hearing. The case in support of the complaint shall be presented at the hearing by staff of the ethics board.
(3) The respondent shall file a written answer to the complaint and appear at the hearing in person or otherwise, with or without counsel, and submit testimony and be fully heard. The respondent has the right to cross-examine witnesses.
(4) Testimony taken at the hearing shall be under oath and recorded.
(5) If, based upon a preponderance of the evidence, the ethics board finds that the respondent has violated this chapter or rules adopted under it, the board shall file an order stating findings of fact and enforcement action as authorized under this chapter.
(6) If, upon all the evidence, the ethics board finds that the respondent has not engaged in an alleged violation of this chapter or rules adopted under it, the ethics board shall state findings of fact and shall similarly issue and file an order dismissing the complaint.
(7) If the board makes a determination that there is not reasonable cause to believe that a violation has been or is being committed or has made a finding under subsection (6) of this section, the attorney general shall represent the officer or employee in any action subsequently commenced based on the alleged facts in the complaint.
NEW SECTION. Sec. 213. REVIEW OF ORDER. Except as otherwise provided by law, reconsideration or judicial review of an ethics board's order that a violation of this chapter or rules adopted under it has occurred shall be governed by the provisions of chapter 34.05 RCW applicable to review of adjudicative proceedings.
NEW SECTION. Sec. 214. COMPLAINT AGAINST LEGISLATOR OR STATE-WIDE ELECTED OFFICIAL. (1) If a complaint alleges a violation of section 118 of this act by a legislator or state-wide elected official other than the attorney general, the attorney general shall conduct the investigation under section 211 of this act and recommend action to the appropriate ethics board.
(2) If a complaint alleges a violation of section 118 of this act by the attorney general, the state auditor shall conduct the investigation under section 211 of this act and recommend action to the appropriate ethics board.
NEW SECTION. Sec. 215. CITIZEN ACTIONS. Any person who has notified the appropriate ethics board and the attorney general in writing that there is reason to believe that section 118 of this act is being or has been violated may, in the name of the state, bring a citizen action for any of the actions authorized under this chapter. A citizen action may be brought only if the appropriate ethics board or the attorney general have failed to commence an action under this chapter within forty-five days after notice from the person, the person has thereafter notified the appropriate ethics board and the attorney general that the person will commence a citizen's action within ten days upon their failure to commence an action, and the appropriate ethics board and the attorney general have in fact failed to bring an action within ten days of receipt of the second notice.
If the person who brings the citizen's action prevails, the judgment awarded shall escheat to the state, but the person shall be entitled to be reimbursed by the state of Washington for costs and attorneys' fees incurred. If a citizen's action that the court finds was brought without reasonable cause is dismissed, the court may order the person commencing the action to pay all costs of trial and reasonable attorneys' fees incurred by the defendant.
Upon commencement of a citizen action under this section, at the request of a state officer or state employee who is a defendant, the office of the attorney general shall represent the defendant if the attorney general finds that the defendant's conduct complied with this chapter and was within the scope of employment.
NEW SECTION. Sec. 216. REFERRAL FOR ENFORCEMENT. As appropriate, an ethics board may refer a complaint:
(1) To an agency for initial investigation and proposed resolution which shall be referred back to the appropriate ethics board for action; or
(2) To the attorney general's office or prosecutor for appropriate action.
NEW SECTION. Sec. 217. ACTION BY BOARDS. (1) Except as otherwise provided by law, an ethics board may order payment of the following amounts if it finds a violation of this chapter or rules adopted under it after a hearing under section 206 of this act or other applicable law:
(a) Any damages sustained by the state that are caused by the conduct constituting the violation;
(b) From each such person, a civil penalty of up to five thousand dollars per violation or three times the economic value of any thing received or sought in violation of this chapter or rules adopted under it, whichever is greater; and
(c) Costs, including reasonable investigative costs, which shall be included as part of the limit under (b) of this subsection. The costs may not exceed the penalty imposed. The payment owed on the penalty shall be reduced by the amount of the costs paid.
(2) Damages under this section may be enforced in the same manner as a judgment in a civil case.
NEW SECTION. Sec. 218. ACTION BY ATTORNEY GENERAL. (1) Upon a written determination by the attorney general that the action of an ethics board was clearly erroneous or if requested by an ethics board, the attorney general may bring a civil action in the superior court of the county in which the violation is alleged to have occurred against a state officer, state employee, former state officer, former state employee, or other person who has violated or knowingly assisted another person in violating any of the provisions of this chapter or the rules adopted under it. In such action the attorney general may recover the following amounts on behalf of the state of Washington:
(a) Any damages sustained by the state that are caused by the conduct constituting the violation;
(b) From each such person, a civil penalty of up to five thousand dollars per violation or three times the economic value of any thing received or sought in violation of this chapter or the rules adopted under it, whichever is greater; and
(c) Costs, including reasonable investigative costs, which shall be included as part of the limit under subsection (1)(b) of this section. The costs may not exceed the penalty imposed. The payment owed on the penalty shall be reduced by the amount of the costs paid.
(2) In any civil action brought by the attorney general upon the basis that the attorney general has determined that the board's action was clearly erroneous, the court shall not proceed with the action unless the attorney general has first shown, and the court has found, that the action of the board was clearly erroneous.
NEW SECTION. Sec. 219. HEARINGS CONDUCTED BY ADMINISTRATIVE LAW JUDGE. If an ethics board finds that there is reasonable cause to believe that a violation has occurred, the board shall consider the possibility of the alleged violator having to pay a total amount of penalty and costs of more than five hundred dollars. Based on such consideration, the board may give the person who is the subject of the complaint the option to have an administrative law judge conduct the hearing and rule on procedural and evidentiary matters. The board may also, on its own initiative, provide for retaining an administrative law judge. An ethics board may not require total payment of more than five hundred dollars in penalty and costs in any case where an administrative law judge is not used and the board did not give such option to the person who is the subject of the complaint.
NEW SECTION. Sec. 220. RESCISSION OF STATE ACTION. (1) The attorney general may, on request of the governor or the appropriate agency, and in addition to other available rights of rescission, bring an action in the superior court of Thurston county to cancel or rescind state action taken by a state officer or state employee, without liability to the state of Washington, contractual or otherwise, if the governor or ethics board has reason to believe that: (a) A violation of this chapter or rules adopted under it has substantially influenced the state action, and (b) the interest of the state requires the cancellation or rescission. The governor may suspend state action pending the determination of the merits of the controversy under this section. The court may permit persons affected by the governor's actions to post an adequate bond pending such resolution to ensure compliance by the defendant with the final judgment, decree, or other order of the court.
(2) This section does not limit other available remedies.
Sec. 221. RCW 42.18.260 and 1969 ex.s. c 234 s 26 are each amended to read as follows:
(1) ((The head of an agency may dismiss, suspend, or take such other action as may be appropriate in the circumstances in respect to any state employee of his agency upon finding that such employee has violated this chapter or regulations promulgated hereunder. Such action may include the imposition of conditions of the nature described in RCW 42.18.270(1))) A violation of this chapter or rules adopted under it is grounds for disciplinary action.
(2) The procedures for any such action shall correspond to those applicable for disciplinary action for employee misconduct generally; for those state officers and state employees not specifically exempted ((therein)) in chapter 41.06 RCW, the rules set forth in ((the state civil service law,)) chapter 41.06 RCW((,)) shall apply. Any action against the state officer or state employee shall be subject to judicial review to the extent provided by law for disciplinary action for misconduct of state officers and state employees of the same category and grade.
NEW SECTION. Sec. 222. ADDITIONAL INVESTIGATIVE AUTHORITY. In addition to other authority under this chapter, the attorney general may investigate persons not under the jurisdiction of an ethics board whom the attorney general has reason to believe were involved in transactions in violation of this chapter or rules adopted under it.
NEW SECTION. Sec. 223. LIMITATIONS PERIOD. Any action taken under this chapter must be commenced within five years from the date of the violation. However, if it is shown that the violation was not discovered because of concealment by the person charged, then the action must be commenced within two years from the date the violation was discovered or reasonably should have been discovered: (1) By any person with direct or indirect supervisory responsibilities over the person who allegedly committed the violation; or (2) if no person has direct or indirect supervisory authority over the person who committed the violation, by the appropriate ethics board.
NEW SECTION. Sec. 224. The members of the legislative ethics board created by section 201 of this act and the executive ethics board created by section 203 of this act shall be appointed no later than October 1, 1994. Notwithstanding the authority granted to these boards by sections 202 and 204 of this act, until January 1, 1995, the authority of each board shall be limited to conducting meetings and incurring expenses solely for administrative and organizational purposes.
This section shall expire January 1, 1995.
NEW SECTION. Sec. 225. Any violations occurring prior to January 1, 1995, of any of the following laws shall be disposed of as if chapter . . ., Laws of 1994 (this act) were not enacted and such laws continued in full force and effect: RCW 42.17.130, chapter 42.18 RCW, chapter 42.21 RCW, and chapter 42.22 RCW.
NEW SECTION. Sec. 226. The citizen members of the legislative ethics board and the members of the executive ethics board shall be compensated as provided in RCW 43.03.250 and reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Legislator members of the legislative ethics board shall be reimbursed as provided in RCW 44.04.120.
PART III
MISCELLANEOUS PROVISIONS
NEW SECTION. Sec. 301. LIBERAL CONSTRUCTION. This chapter shall be construed liberally to effectuate its purposes and policy and to supplement existing laws as may relate to the same subject.
NEW SECTION. Sec. 302. PARTS AND CAPTIONS NOT LAW. Parts and captions used in this act do not constitute any part of the law.
NEW SECTION. Sec. 303. The following sections are each recodified as sections in chapter 42.-- RCW (sections 101 through 109, 111 through 115, 118 through 120, 201, 202, 204 through 220, 222, 223, 301, and 302 of this act):
RCW 42.18.217
RCW 42.18.230
RCW 42.18.260
RCW 42.18.270
RCW 42.18.330
RCW 42.22.050
NEW SECTION. Sec. 304. The following acts or parts of acts are each repealed:
(1) RCW 42.18.010 and 1969 ex.s. c 234 s 1;
(2) RCW 42.18.020 and 1969 ex.s. c 234 s 2;
(3) RCW 42.18.030 and 1969 ex.s. c 234 s 3;
(4) RCW 42.18.040 and 1969 ex.s. c 234 s 4;
(5) RCW 42.18.050 and 1969 ex.s. c 234 s 5;
(6) RCW 42.18.060 and 1969 ex.s. c 234 s 6;
(7) RCW 42.18.070 and 1969 ex.s. c 234 s 7;
(8) RCW 42.18.080 and 1969 ex.s. c 234 s 8;
(9) RCW 42.18.090 and 1969 ex.s. c 234 s 9;
(10) RCW 42.18.100 and 1969 ex.s. c 234 s 10;
(11) RCW 42.18.110 and 1969 ex.s. c 234 s 11;
(12) RCW 42.18.120 and 1969 ex.s. c 234 s 12;
(13) RCW 42.18.130 and 1973 c 137 s 1 & 1969 ex.s. c 234 s 13;
(14) RCW 42.18.140 and 1969 ex.s. c 234 s 14;
(15) RCW 42.18.150 and 1969 ex.s. c 234 s 15;
(16) RCW 42.18.170 and 1969 ex.s. c 234 s 17;
(17) RCW 42.18.180 and 1969 ex.s. c 234 s 18;
(18) RCW 42.18.190 and 1969 ex.s. c 234 s 19;
(19) RCW 42.18.200 and 1969 ex.s. c 234 s 20;
(20) RCW 42.18.210 and 1969 ex.s. c 234 s 21;
(21) RCW 42.18.213 and 1987 c 426 s 1;
(22) RCW 42.18.215 and 1987 c 426 s 2;
(23) RCW 42.18.221 and 1989 c 96 s 6 & 1987 c 426 s 4;
(24) RCW 42.18.240 and 1969 ex.s. c 234 s 24;
(25) RCW 42.18.250 and 1969 ex.s. c 234 s 25;
(26) RCW 42.18.280 and 1969 ex.s. c 234 s 28;
(27) RCW 42.18.290 and 1973 c 137 s 2 & 1969 ex.s. c 234 s 29;
(28) RCW 42.18.300 and 1973 c 137 s 3 & 1969 ex.s. c 234 s 30;
(29) RCW 42.18.310 and 1969 ex.s. c 234 s 31;
(30) RCW 42.18.320 and 1969 ex.s. c 234 s 32;
(31) RCW 42.18.900 and 1969 ex.s. c 234 s 40;
(32) RCW 42.20.010 and 1969 ex.s. c 234 s 34 & 1909 c 249 s 82;
(33) RCW 42.21.010 and 1965 ex.s. c 150 s 1;
(34) RCW 42.21.020 and 1989 c 175 s 93, 1971 c 81 s 106, & 1965 ex.s. c 150 s 2;
(35) RCW 42.21.030 and 1965 ex.s. c 150 s 3;
(36) RCW 42.21.040 and 1965 ex.s. c 150 s 4;
(37) RCW 42.21.050 and 1965 ex.s. c 150 s 5;
(38) RCW 42.21.080 and 1965 ex.s. c 150 s 8;
(39) RCW 42.21.090 and 1969 ex.s. c 234 s 36;
(40) RCW 42.22.010 and 1959 c 320 s 1;
(41) RCW 42.22.020 and 1959 c 320 s 2;
(42) RCW 42.22.030 and 1961 c 268 s 8 & 1959 c 320 s 3;
(43) RCW 42.22.040 and 1989 c 11 s 13 & 1959 c 320 s 4;
(44) RCW 42.22.060 and 1959 c 320 s 6;
(45) RCW 42.22.070 and 1959 c 320 s 7;
(46) RCW 42.22.120 and 1969 ex.s. c 234 s 37;
(47) RCW 44.60.010 and 1977 ex.s. c 218 s 1 & 1967 ex.s. c 150 s 1;
(48) RCW 44.60.020 and 1980 c 87 s 43, 1977 ex.s. c 218 s 2, & 1967 ex.s. c 150 s 2;
(49) RCW 44.60.030 and 1967 ex.s. c 150 s 3;
(50) RCW 44.60.040 and 1977 ex.s. c 218 s 3 & 1967 ex.s. c 150 s 4;
(51) RCW 44.60.050 and 1984 c 287 s 92, 1979 c 151 s 159, 1977 ex.s. c 218 s 4, 1975-'76 2nd ex.s. c 34 s 135, & 1967 ex.s. c 150 s 5;
(52) RCW 44.60.070 and 1980 c 165 s 1, 1977 ex.s. c 218 s 5, & 1967 ex.s. c 150 s 6;
(53) RCW 44.60.080 and 1977 ex.s. c 218 s 6 & 1967 ex.s. c 150 s 8;
(54) RCW 44.60.090 and 1967 ex.s. c 150 s 9;
(55) RCW 44.60.100 and 1977 ex.s. c 218 s 7;
(56) RCW 44.60.110 and 1980 c 165 s 2 & 1977 ex.s. c 218 s 8;
(57) RCW 44.60.120 and 1977 ex.s. c 218 s 9; and
(58) RCW 44.60.130 and 1977 ex.s. c 218 s 10.
Sec. 305. RCW 27.26.070 and 1989 c 96 s 3 are each amended to read as follows:
(1) The commission may cooperate with other agencies both inside and outside the state of Washington to establish a private, nonprofit corporation for the purpose of providing automated bibliographic, computer-based telecommunications, interlibrary, reference, and referral systems, computer network services, and related library services that are equivalent to the services provided by the western library network on June 1, 1989. The commission may adopt policies and rules consistent with the purposes and provisions of RCW 27.26.070 through 27.26.090 and section 11, chapter 96, Laws of 1989 and ((RCW 42.18.221)) chapter 42.--- RCW (sections 101 through 109, 111 through 115, 118 through 120, 201, 202, 204 through 220, 222, 223, 301, and 302 of this act) pursuant to the administrative procedure act.
(2) The commission may terminate the services provided by the western library network before June 30, 1997, if a successor organization agrees to assume full responsibility for providing services that are equivalent to the services provided by the western library network on June 1, 1989, to the state library, other agencies of state and local government, and other users of the western library network. The commission may not terminate western library network services within six months after June 1, 1989. The commission may not enter into a contract with a successor organization for the delivery of network services after five and one-half years from June 1, 1989.
Sec. 306. RCW 28B.50.060 and 1991 c 238 s 31 are each amended to read as follows:
A director of the state system of community and technical colleges shall be appointed by the college board and shall serve at the pleasure of the college board. The director shall be appointed with due regard to the applicant's fitness and background in education, and knowledge of and recent practical experience in the field of educational administration particularly in institutions beyond the high school level. The college board may also take into consideration an applicant's proven management background even though not particularly in the field of education.
The director shall devote his or her time to the duties of his or her office and shall not have any direct pecuniary interest in or any stock or bonds of any business connected with or selling supplies to the field of education within this state, in keeping with chapter ((42.18 RCW, the executive conflict of interest act)) 42.--- RCW (sections 101 through 109, 111 through 115, 118 through 120, 201, 202, 204 through 220, 222, 223, 301, and 302 of this act).
The director shall receive a salary to be fixed by the college board and shall be reimbursed for travel expenses incurred in the discharge of his or her official duties in accordance with RCW 43.03.050 and 43.03.060((, as now existing or hereafter amended)).
The director shall be the executive officer of the college board and serve as its secretary and under its supervision shall administer the provisions of this chapter and the rules((, regulations)) and orders established thereunder and all other laws of the state. The director shall attend, but not vote at, all meetings of the college board. The director shall be in charge of offices of the college board and responsible to the college board for the preparation of reports and the collection and dissemination of data and other public information relating to the state system of community and technical colleges. At the direction of the college board, the director shall, together with the chairman of the college board, execute all contracts entered into by the college board.
The director shall, with the approval of the college board: (1) Employ necessary assistant directors of major staff divisions who shall serve at the director's pleasure on such terms and conditions as the director determines, and (2) subject to the provisions of chapter ((28B.16)) 41.06 RCW((, the higher education personnel law,)) the director shall, with the approval of the college board, appoint and employ such field and office assistants, clerks and other employees as may be required and authorized for the proper discharge of the functions of the college board and for whose services funds have been appropriated.
The board may, by written order filed in its office, delegate to the director any of the powers and duties vested in or imposed upon it by this chapter. Such delegated powers and duties may be exercised by the director in the name of the college board.
Sec. 307. RCW 28C.18.040 and 1991 c 238 s 5 are each amended to read as follows:
(1) The director shall serve as chief executive officer of the board who shall administer the provisions of this chapter, employ such personnel as may be necessary to implement the purposes of this chapter, and utilize staff of existing operating agencies to the fullest extent possible.
(2) The director shall not be the chair of the board.
(3) Subject to the approval of the board, the director shall appoint necessary deputy and assistant directors and other staff who shall be exempt from the provisions of chapter 41.06 RCW. The director's appointees shall serve at the director's pleasure on such terms and conditions as the director determines but subject to ((the code of ethics contained in chapter 42.18 RCW)) chapter 42.--- RCW (sections 101 through 109, 111 through 115, 118 through 120, 201, 202, 204 through 220, 222, 223, 301, and 302 of this act).
(4) The director shall appoint and employ such other employees as may be required for the proper discharge of the functions of the board.
(5) The director shall, as permissible under P.L. 101-392, as amended, integrate the staff of the council on vocational education, and contract with the state board for community and technical colleges for assistance for adult basic skills and literacy policy development and planning as required by P.L. 100-297, as amended.
Sec. 308. RCW 35.02.130 and 1991 c 360 s 3 are each amended to read as follows:
The city or town officially shall become incorporated at a date from one hundred eighty days to three hundred sixty days after the date of the election on the question of incorporation. An interim period shall exist between the time the newly elected officials have been elected and qualified and this official date of incorporation. During this interim period, the newly elected officials are authorized to adopt ordinances and resolutions which shall become effective on or after the official date of incorporation, and to enter into contracts and agreements to facilitate the transition to becoming a city or town and to ensure a continuation of governmental services after the official date of incorporation. Periods of time that would be required to elapse between the enactment and effective date of such ordinances, including but not limited to times for publication or for filing referendums, shall commence upon the date of such enactment as though the city or town were officially incorporated.
During this interim period, the city or town governing body may adopt rules establishing policies and procedures under the state environmental policy act, chapter 43.21C RCW, and may use these rules and procedures in making determinations under the state environmental policy act, chapter 43.21C RCW.
During this interim period, the newly formed city or town and its governing body shall be subject to the following as though the city or town were officially incorporated: RCW 4.24.470 relating to immunity; chapter 42.17 RCW relating to open government; chapter 40.14 RCW relating to the preservation and disposition of public records; chapters 42.20((, 42.22,)) and 42.23 RCW relating to ethics and conflicts of interest; chapters 42.30 and 42.32 RCW relating to open public meetings and minutes; RCW 35.22.288, 35.23.310, 35.24.220, 35.27.300, 35A.12.160, as appropriate, and chapter 35A.65 RCW relating to the publication of notices and ordinances; RCW 35.21.875 and 35A.21.230 relating to the designation of an official newspaper; RCW 36.16.138 relating to liability insurance; RCW 35.22.620, 35.23.352, and 35A.40.210, as appropriate, and statutes referenced therein relating to public contracts and bidding; and chapter 39.34 RCW relating to interlocal cooperation. Tax anticipation or revenue anticipation notes or warrants and other short-term obligations may be issued and funds may be borrowed on the security of these instruments during this interim period, as provided in chapter 39.50 RCW. Funds also may be borrowed from federal, state, and other governmental agencies in the same manner as if the city or town were officially incorporated.
RCW 84.52.020 and 84.52.070 shall apply to the extent that they may be applicable, and the governing body of such city or town may take appropriate action by ordinance during the interim period to adopt the property tax levy for its first full calendar year following the interim period.
The governing body of the new city or town may acquire needed facilities, supplies, equipment, insurance, and staff during this interim period as if the city or town were in existence. An interim city manager or administrator, who shall have such administrative powers and duties as are delegated by the governing body, may be appointed to serve only until the official date of incorporation. After the official date of incorporation the governing body of such a new city organized under the council manager form of government may extend the appointment of such an interim manager or administrator with such limited powers as the governing body determines, for up to ninety days. This governing body may submit ballot propositions to the voters of the city or town to authorize taxes to be collected on or after the official date of incorporation, or authorize an annexation of the city or town by a fire protection district or library district to be effective immediately upon the effective date of the incorporation as a city or town.
The boundaries of a newly incorporated city or town shall be deemed to be established for purposes of RCW 84.09.030 on the date that the results of the initial election on the question of incorporation are certified or the first day of January following the date of this election if the newly incorporated city or town does not impose property taxes in the same year that the voters approve the incorporation.
The newly elected officials shall take office immediately upon their election and qualification with limited powers during this interim period as provided in this section. They shall acquire their full powers as of the official date of incorporation and shall continue in office until their successors are elected and qualified at the next general municipal election after the official date of incorporation: PROVIDED, That if the date of the next general municipal election is less than twelve months after the date of the first election of councilmembers, those initially elected councilmembers shall serve until their successors are elected and qualified at the next following general municipal election as provided in RCW 29.04.170. For purposes of this section, the general municipal election shall be the date on which city and town general elections are held throughout the state of Washington, pursuant to RCW 29.13.020.
The official date of incorporation shall be on a date from one hundred eighty to three hundred sixty days after the date of the election on the question of incorporation, as specified in a resolution adopted by the governing body during this interim period. A copy of the resolution shall be filed with the county legislative authority of the county in which all or the major portion of the newly incorporated city or town is located. If the governing body fails to adopt such a resolution, the official date of incorporation shall be three hundred sixty days after the date of the election on the question of incorporation. The county legislative authority of the county in which all or the major portion of the newly incorporated city or town is located shall file a notice with the county assessor that the city or town has been authorized to be incorporated immediately after the favorable results of the election on the question of incorporation have been certified. The county legislative authority shall file a notice with the secretary of state that the city or town is incorporated as of the official date of incorporation.
Sec. 309. RCW 35.21.418 and 1984 c 1 s 2 are each amended to read as follows:
A commission, established by an agreement between a Washington municipality and the Province of British Columbia to carry out a treaty between the United States of America and Canada as authorized in RCW 35.21.417, shall be public and shall have all powers and capacity necessary and appropriate for the purposes of performing its functions under the agreement, including, but not limited to, the following powers and capacity: To acquire and dispose of real property other than by condemnation; to enter into contracts; to sue and be sued in either Canada or the United States; to establish an endowment fund in either or both the United States and Canada and to invest the endowment fund in either or both countries; to solicit, accept, and use donations, grants, bequests, or devises intended for furthering the functions of the endowment; to adopt such rules or procedures as it deems desirable for performing its functions; to engage advisors and consultants; to establish committees and subcommittees; to adopt rules for its governance; to enter into agreements with public and private entities; and to engage in activities necessary and appropriate for implementing the agreement and the treaty.
The endowment fund and commission may not be subject to state or local taxation. A commission, so established, may not be subject to statutes and laws governing Washington cities and municipalities in the conduct of its internal affairs: PROVIDED, That all commission members appointed by the municipality shall comply with chapter ((42.22 RCW)) 42.--- RCW (sections 101 through 109, 111 through 115, 118 through 120, 201, 202, 204 through 220, 222, 223, 301, and 302 of this act), and: PROVIDED FURTHER, That all commission meetings held within the state of Washington shall be held in compliance with chapter 42.30 RCW. All obligations or liabilities incurred by the commission shall be satisfied exclusively from its own assets and insurance.
Sec. 310. RCW 43.33A.110 and 1989 c 179 s 1 are each amended to read as follows:
The state investment board may make appropriate rules and regulations for the performance of its duties. The board shall establish investment policies and procedures designed exclusively to maximize return at a prudent level of risk. However, in the case of the department of labor and industries' accident, medical aid, and reserve funds, the board shall establish investment policies and procedures designed to attempt to limit fluctuations in industrial insurance premiums and, subject to this purpose, to maximize return at a prudent level of risk. The board shall adopt rules to ensure that its members perform their functions in compliance with chapter ((42.18 RCW)) 42.--- RCW (sections 101 through 109, 111 through 115, 118 through 120, 201, 202, 204 through 220, 222, 223, 301, and 302 of this act). Rules adopted by the board shall be adopted pursuant to chapter 34.05 RCW.
Sec. 311. RCW 43.72.020 and 1993 c 492 s 403 are each amended to read as follows:
(1) There is created an agency of state government to be known as the Washington health services commission. The commission shall consist of five members reflecting ethnic and racial diversity, appointed by the governor, with the consent of the senate. One member shall be designated by the governor as chair and shall serve at the pleasure of the governor. The insurance commissioner shall serve as an additional nonvoting member. Of the initial members, one shall be appointed to a term of three years, two shall be appointed to a term of four years, and two shall be appointed to a term of five years. Thereafter, members shall be appointed to five-year terms. Vacancies shall be filled by appointment for the remainder of the unexpired term of the position being vacated.
(2) Members of the commission shall have no pecuniary interest in any business subject to regulation by the commission and shall be subject to chapter ((42.18 RCW, the executive branch conflict of interest act)) 42.--- RCW (sections 101 through 109, 111 through 115, 118 through 120, 201, 202, 204 through 220, 222, 223, 301, and 302 of this act).
(3) Members of the commission shall occupy their positions on a full-time basis and are exempt from the provisions of chapter 41.06 RCW. Commission members and the professional commission staff are subject to the public disclosure provisions of chapter 42.17 RCW. Members shall be paid a salary to be fixed by the governor in accordance with RCW 43.03.040. A majority of the members of the commission constitutes a quorum for the conduct of business.
Sec. 312. RCW 51.36.110 and 1993 c 515 s 6 are each amended to read as follows:
The director of the department of labor and industries or the director's authorized representative shall have the authority to:
(1) Conduct audits and investigations of providers of medical, chiropractic, dental, vocational, and other health services furnished to industrially injured workers pursuant to Title 51 RCW. In the conduct of such audits or investigations, the director or the director's authorized representatives may examine all records, or portions thereof, including patient records, for which services were rendered by a health services provider and reimbursed by the department, notwithstanding the provisions of any other statute which may make or purport to make such records privileged or confidential: PROVIDED, That no original patient records shall be removed from the premises of the health services provider, and that the disclosure of any records or information obtained under authority of this section by the department of labor and industries is prohibited and constitutes a violation of ((RCW 42.22.040)) section 105 of this act, unless such disclosure is directly connected to the official duties of the department: AND PROVIDED FURTHER, That the disclosure of patient information as required under this section shall not subject any physician or other health services provider to any liability for breach of any confidential relationships between the provider and the patient: AND PROVIDED FURTHER, That the director or the director's authorized representative shall destroy all copies of patient medical records in their possession upon completion of the audit, investigation, or proceedings;
(2) Approve or deny applications to participate as a provider of services furnished to industrially injured workers pursuant to Title 51 RCW; and
(3) Terminate or suspend eligibility to participate as a provider of services furnished to industrially injured workers pursuant to Title 51 RCW.
Sec. 313. RCW 66.08.080 and 1981 1st ex.s. c 5 s 3 are each amended to read as follows:
Except as provided by chapter ((42.18 RCW)) 42.--- RCW (sections 101 through 109, 111 through 115, 118 through 120, 201, 202, 204 through 220, 222, 223, 301, and 302 of this act), no member of the board and no employee of the board shall have any interest, directly or indirectly, in the manufacture of liquor or in any liquor sold under this title, or derive any profit or remuneration from the sale of liquor, other than the salary or wages payable to him in respect of his office or position, and shall receive no gratuity from any person in connection with such business.
Sec. 314. RCW 67.16.160 and 1973 1st ex.s. c 216 s 5 are each amended to read as follows:
No later than ninety days after July 16, 1973 the horse racing commission shall promulgate, pursuant to chapter 34.05 RCW, reasonable rules ((and regulations)) implementing to the extent applicable to the circumstances of the horse racing commission the conflict of interest laws of the state of Washington as set forth in chapters ((42.18,)) 42.21 and ((42.22 RCW)) 42.--- RCW (sections 101 through 109, 111 through 115, 118 through 120, 201, 202, 204 through 220, 222, 223, 301, and 302 of this act).
Sec. 315. RCW 80.50.030 and 1990 c 12 s 3 are each amended to read as follows:
(1) There is created and established the energy facility site evaluation council.
(2)(a) The chairman of the council shall be appointed by the governor with the advice and consent of the senate, shall have a vote on matters before the council, shall serve for a term coextensive with the term of the governor, and is removable for cause. The chairman may designate a member of the council to serve as acting chairman in the event of the chairman's absence. The chairman is a "state employee" for the purposes of chapter ((42.18 RCW)) 42.--- RCW (sections 101 through 109, 111 through 115, 118 through 120, 201, 202, 204 through 220, 222, 223, 301, and 302 of this act). As applicable, when attending meetings of the council(([,])), members may receive reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060, and are eligible for compensation under RCW 43.03.240.
(b) The chairman or a designee shall execute all official documents, contracts, and other materials on behalf of the council. The Washington state energy office shall provide all administrative and staff support for the council. The director of the energy office has supervisory authority over the staff of the council and shall employ such personnel as are necessary to implement this chapter. Not more than three such employees may be exempt from chapter 41.06 RCW.
(3) The council shall consist of the directors, administrators, or their designees, of the following departments, agencies, commissions, and committees or their statutory successors:
(a) Department of ecology;
(b) Department of ((fisheries;
(c) Department of)) fish and wildlife;
(((d))) (c) Parks and recreation commission;
(((e))) (d) Department of health;
(((f))) (e) State energy office;
(((g))) (f) Department of community, trade, and economic development;
(((h))) (g) Utilities and transportation commission;
(((i))) (h) Office of financial management;
(((j))) (i) Department of natural resources;
(((k) Department of community development;
(l))) (j) Department of agriculture;
(((m))) (k) Department of transportation.
(4) The appropriate county legislative authority of every county wherein an application for a proposed site is filed shall appoint a member or designee as a voting member to the council. The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the county which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site;
(5) The city legislative authority of every city within whose corporate limits an energy plant is proposed to be located shall appoint a member or designee as a voting member to the council. The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the city which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site.
(6) For any port district wherein an application for a proposed port facility is filed subject to this chapter, the port district shall appoint a member or designee as a nonvoting member to the council. The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the port district which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site. The provisions of this subsection shall not apply if the port district is the applicant, either singly or in partnership or association with any other person.
Sec. 316. RCW 86.09.286 and 1969 ex.s. c 234 s 35 are each amended to read as follows:
No director or any other officer named in this chapter shall in any manner be interested, directly or indirectly, in any contract awarded or to be awarded by the board, or in the profits to be derived therefrom; and for any violation of this provision, such officer shall be deemed guilty of a misdemeanor, and such conviction shall work a forfeiture of his office, and he shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both fine and imprisonment: PROVIDED, That nothing in this section contained shall be construed to prevent any district officer from being employed by the district as foreman or as a day laborer: PROVIDED FURTHER, That this section shall have no application to any person who is a state employee as defined in ((RCW 42.18.130)) section 101 of this act.
NEW SECTION. Sec. 317. A new section is added to chapter 42.17 RCW to read as follows:
RCW 42.17.130 does not apply to any person who is a state officer or state employee as defined in section 101 of this act.
NEW SECTION. Sec. 318. Sections 101 through 109, 111 through 115, 118 through 120, 201, 202, 204 through 220, 222, 223, 226, 301, and 302 of this act shall constitute a new chapter in Title 42 RCW.
NEW SECTION. Sec. 319. Sections 101 through 121, 203, 206 through 223, and 301 through 317 of this act shall take effect January 1, 1995.
NEW SECTION. Sec. 320. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."
Signed by Representatives Anderson, Chair; Veloria, Vice Chair; Reams, Ranking Minority Member; L. Thomas, Assistant Ranking Minority Member; Conway; Dyer; King and Pruitt.
MINORITY recommendation: Do not pass. Signed by Representative Campbell.
Passed to Committee on Rules for second reading.
February 25, 1994
ESSB 6120 Prime Sponsor, Committee on Natural Resources: Concerning fisheries enhancement. Reported by Committee on Fisheries & Wildlife
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that cooperative groups and regional fisheries enhancement groups provide a valuable service to the state. They improve the habitat for anadromous fish and directly enhance the populations of anadromous fish utilizing fish culture technology. The contributions provided by these groups is invaluable. The legislature recognizes that efforts should be made to encourage the development of cooperative groups and regional fisheries enhancement groups. The restoration of our anadromous fish stocks can be facilitated by the full public participation that these groups provide.
NEW SECTION. Sec. 2. A new section is added to chapter 75.50 RCW to read as follows:
The department shall strive to provide fish eggs and fry requested by cooperative groups in all cases after the needs of state-operated and tribally operated facilities have been met. In no case shall the department sell suitable viable eggs when there is a request for eggs from a cooperative group that could be fulfilled by that particular stock of salmon egg, as determined by the department. If suitable eggs are not available, then the department shall make every effort to make available alternate salmon species, races, or stocks that could be used for fish culture purposes, with the ultimate goal being to increase the salmon resource of the state.
Beginning June 1, 1995, the department shall make efforts, consistent with its wild stock salmonid policy, to administer the cooperative projects program with consistency and fairness state-wide.
NEW SECTION. Sec. 3. A new section is added to chapter 75.52 RCW to read as follows:
The department shall strive to provide fish eggs and fry to regional fisheries enhancement groups in all cases after the needs of state-operated and tribally operated facilities have been met. In no case shall the department sell suitable viable eggs when there is a request for eggs from a regional fisheries enhancement group that could be fulfilled by that particular stock of salmon egg, as determined by the department. If suitable eggs are not available, then the department shall make every effort to make available alternate salmon species, races, or stocks that could be used for fish culture purposes, with the ultimate goal being to increase the salmon resource of the state.
Beginning June 1, 1995, the department shall make efforts, consistent with its wild stock salmonid policy, to administer the regional fisheries enhancement group program with consistency and fairness state-wide.
NEW SECTION. Sec. 4. A new section is added to chapter 75.50 RCW to read as follows:
The department shall notify all regional fisheries enhancement groups of any closures or proposed closures of salmon enhancement facilities owned by the department.
NEW SECTION. Sec. 5. The house of representatives fisheries and wildlife committee and the senate natural resources committee shall develop legislative proposals for the 1995 legislative session that will authorize state agencies, cooperative groups, and regional fisheries enhancement groups to obtain all necessary state and local permits for their fish enhancement projects at no cost, provided that such projects are designed to benefit the fish and wildlife resources of the state, and that the enhanced fish and wildlife resources are available for use by all citizens of the state.
NEW SECTION. Sec. 6. If the department of natural resources receives federal funds for the purpose of watershed restoration during the biennium ending June 30, 1995, the department shall use three hundred thousand dollars of these funds to develop a public and private land habitat improvement program for the purposes of increasing rearing habitat for anadromous fish, unless the expenditure of such funds for this purpose is expressly prohibited. The department shall involve interested landowners in development of the program.
NEW SECTION. Sec. 7. The department of fish and wildlife shall examine the potential for creating incentives for public and private landowners to develop fish enhancement projects. The study of such incentives shall include regulatory, financial, and technical assistance methods of encouraging such projects. The department shall involve representatives from the following entities in its study: Private and public landowners, affected tribal, state, federal, and local government agencies, the environmental community, and others as the department determines is necessary. By December 31, 1994, the department shall report to the appropriate committees of the legislature its findings and recommendations on appropriate incentives and on needed statutory changes or funding.
NEW SECTION. Sec. 8. If the department of fish and wildlife receives federal funds for the purpose of watershed restoration during the biennium ending June 30, 1995, the department shall use two hundred fifty-eight thousand dollars of such funds for the purpose of funding adequate field staff for assisting the regional fisheries enhancement groups and cooperative groups, unless the expenditure of such funds for this purpose is expressly prohibited.
NEW SECTION. Sec. 9. Section 6 of this act shall constitute a new chapter in Title 76 RCW.
NEW SECTION. Sec. 10. This act shall take effect July 1, 1994."
Signed by Representatives King, Chair; Orr, Vice Chair; Fuhrman, Ranking Minority Member; Sehlin, Assistant Ranking Minority Member; Basich; Chappell; Foreman; Quall and Scott.
Passed to Committee on Rules for second reading.
February 24, 1994
ESSB 6121 Prime Sponsor, Committee on Trade, Technology & Economic Development: Promoting economic development. Reported by Committee on Trade, Economic Development & Housing
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) Economic development programs, which include work force training, industrial modernization, and export assistance, have become increasingly important to state efforts to encourage employment growth, increased state revenues, and general economic well-being. Economic trends are rapidly changing and markets have become increasingly competitive as states and countries seek to improve and safeguard their own economic well-being. The purpose of the executive-legislative committee on economic development policy is to provide responsive and consistent involvement by the executive branch and the legislature in economic development efforts to maintain a healthy state economy and to provide employment opportunities to Washington residents.
(2) There is created an executive-legislative committee on economic development policy which shall consist of the governor or the governor's representative, five members appointed by the governor, six senators, and six members of the house of representatives. Members shall be appointed for one-year terms.
(3) The governor's appointees to the committee shall include one representative of businesses with five hundred or fewer employees, one representative of businesses with greater than five hundred employees, and two representatives of labor, and may include state agency directors or their representatives.
(4) The senate members of the committee shall be appointed by the president of the senate and the house members of the committee shall be appointed by the speaker of the house of representatives. Not more than three members from each house shall be from the same political party.
(5) The committee shall have three co-chairs: (a) The governor or the governor's representative, (b) a senator appointed from the majority caucus by the president of the senate, and (c) a house member appointed from the majority party by the speaker of the house of representatives.
(6) A list of appointees shall be submitted by June 1, 1994, and thereafter before the close of each regular legislative session or any successive special session for confirmation of senate members by the senate, and confirmation of house members by the house of representatives. Vacancies shall be filled by the appointing authority.
NEW SECTION. Sec. 2. The committee shall by majority vote establish subcommittees, and prescribe rules of procedure which are consistent with this chapter for itself and its subcommittees. The committee shall be convened within ninety days of the end of each regular legislative session to establish its work plan and meeting dates for the year. The committee may invite nonmembers of the committee to serve as subcommittee members, but such subcommittee members shall not receive the reimbursement provided for by section 5 of this act.
NEW SECTION. Sec. 3. (1) The committee or its subcommittees are authorized to:
(a) Study and review economic development issues, including work force training, industrial modernization, technology diffusion, sustainable development, export assistance, tourism, investment, and entrepreneurial development; and to assist the governor and the legislature in developing comprehensive and consistent economic development policies.
(b) Develop, in conjunction with the department of community, trade, and economic development and other state agencies, a strategic plan with implementation steps and evaluation criteria for state-supported economic development activities in the state.
(c) Monitor the economic development efforts which address issues specified in this section of the department of community, trade, and economic development, and other state agencies.
(2) The committee's work may include but is not limited to:
(a) Evaluating existing state policies, laws, and programs which promote or affect economic development and determine their cost-effectiveness, level of cooperation with other public and private agencies, and consistency with sustainable development precepts;
(b) Monitoring economic trends, and developing for review by the governor and the legislature such appropriate state responses as may be deemed effective and appropriate;
(c) Monitoring economic development policies and programs of other states and nations and evaluating their effectiveness;
(d) Determining the economic impact of various business or industrial sectors upon the state's economy;
(e) Assessing the need for and effect of federal, regional, and state cooperation in economic development policies and programs; and
(f) Developing and evaluating legislative proposals and administrative initiatives and plans concerning the issues specified in this section.
NEW SECTION. Sec. 4. The committee shall receive the necessary staff support from the staff resources of the governor, the senate, and the house of representatives.
NEW SECTION. Sec. 5. The members of the committee shall serve without additional compensation, but shall be reimbursed for their travel expenses, in accordance with RCW 44.04.120 for members of the legislature or by the office of the governor under RCW 43.03.050 and 43.03.060 for the governor's appointees, incurred while attending sessions of the committee or meetings of any subcommittee of the committee, while engaged on other committee business authorized by the committee, and while going to and coming from committee sessions or committee meetings.
NEW SECTION. Sec. 6. The committee shall cooperate, act, and work with legislative committees, executive agencies, representatives of the private sector and the nonprofit sector with an interest in economic development, and with the councils or committees of other states similar to this committee and with other interstate research or policy organizations.
NEW SECTION. Sec. 7. The following acts or parts of acts are each repealed:
(1) RCW 44.52.010 and 1985 c 467 s 17;
(2) RCW 44.52.020 and 1985 c 467 s 18;
(3) RCW 44.52.030 and 1985 c 467 s 19;
(4) RCW 44.52.040 and 1985 c 467 s 20;
(5) RCW 44.52.050 and 1985 c 467 s 21;
(6) RCW 44.52.060 and 1985 c 467 s 22; and
(7) RCW 44.52.070 and 1985 c 467 s 23.
NEW SECTION. Sec. 8. Sections 1 through 6 of this act are each added to chapter 44.52 RCW.
NEW SECTION. Sec. 9. A new section is added to chapter 43.131 RCW to read as follows:
The executive-legislative committee on economic development policy and its powers and duties shall be terminated on June 30, 1996, as provided in section 10 of this act.
NEW SECTION. Sec. 10. A new section is added to chapter 43.131 RCW to read as follows:
The following acts or parts of acts as now existing or hereafter amended are each repealed, effective June 30, 1997:
(1) Section 1 of this act;
(2) Section 2 of this act;
(3) Section 3 of this act;
(4) Section 4 of this act;
(5) Section 5 of this act; and
(6) Section 6 of this act.
NEW SECTION. Sec. 11. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 12. 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 shall take effect April 1, 1994."
Signed by Representatives Wineberry, Chair; Shin, Vice Chair; Schoesler, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Backlund; Campbell; Casada; Conway; Quall; Sheldon; Springer; Valle and Wood.
Excused: Representative Morris.
Referred to Committee on Appropriations.
February 24, 1994
ESSB 6123 Prime Sponsor, Committee on Ecology & Parks: Modifying provisions of the model toxics control act. Reported by Committee on Environmental Affairs
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 70.105D.010 and 1989 c 2 s 1 are each amended to read as follows:
(1) Each person has a fundamental and inalienable right to a healthful environment, and each person has a responsibility to preserve and enhance that right. The beneficial stewardship of the land, air, and waters of the state is a solemn obligation of the present generation for the benefit of future generations.
(2) A healthful environment is now threatened by the irresponsible use and disposal of hazardous substances. There are hundreds of hazardous waste sites in this state, and more will be created if current waste practices continue. Hazardous waste sites threaten the state's water resources, including those used for public drinking water. Many of our municipal landfills are current or potential hazardous waste sites and present serious threats to human health and environment. The costs of eliminating these threats in many cases are beyond the financial means of our local governments and ratepayers. The main purpose of this act is to raise sufficient funds to clean up all hazardous waste sites and to prevent the creation of future hazards due to improper disposal of toxic wastes into the state's land and waters.
(3) Many farmers and small business owners who have followed the law with respect to their uses of pesticides and other chemicals nonetheless may face devastating economic consequences because their uses have contaminated the environment or the water supplies of their neighbors. With a source of funds, the state may assist these farmers and business owners, as well as those persons who sustain damages, such as the loss of their drinking water supplies, as a result of the contamination.
(4) It is in the public's interest to efficiently use our finite land base, to integrate our land use planning policies with our clean-up policies, and to clean up and reuse contaminated industrial properties in order to minimize industrial development pressures on undeveloped land and to make clean land available for future social use.
(5) Because it is often difficult or impossible to allocate responsibility among persons liable for hazardous waste sites and because it is essential that sites be cleaned up well and expeditiously, each responsible person should be liable jointly and severally.
Sec. 2. RCW 70.105D.020 and 1989 c 2 s 2 are each amended to read as follows:
(1) "Agreed order" means an order issued by the department under this chapter with which the potentially liable person receiving the order agrees to comply. An agreed order may be used to require or approve any cleanup or other remedial actions but it is not a settlement under RCW 70.105D.040(4) and shall not contain a covenant not to sue, or provide protection from claims for contribution, or provide eligibility for public funding of remedial actions under RCW 70.105D.070(2)(d)(xi).
(2) "Department" means the department of ecology.
(((2))) (3) "Director" means the director of ecology or the director's designee.
(((3))) (4) "Facility" means (a) any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, vessel, or aircraft, or (b) any site or area where a hazardous substance, other than a consumer product in consumer use, has been deposited, stored, disposed of, or placed, or otherwise come to be located.
(((4))) (5) "Federal cleanup law" means the federal comprehensive environmental response, compensation, and liability act of 1980, 42 U.S.C. Sec. 9601 et seq., as amended by Public Law 99-499.
(((5))) (6) "Hazardous substance" means:
(a) Any dangerous or extremely hazardous waste as defined in RCW 70.105.010 (5) and (6), or any dangerous or extremely dangerous waste designated by rule pursuant to chapter 70.105 RCW;
(b) Any hazardous substance as defined in RCW 70.105.010(14) or any hazardous substance as defined by rule pursuant to chapter 70.105 RCW;
(c) Any substance that, on March 1, 1989, is a hazardous substance under section 101(14) of the federal cleanup law, 42 U.S.C. Sec. 9601(14);
(d) Petroleum or petroleum products; and
(e) Any substance or category of substances, including solid waste decomposition products, determined by the director by rule to present a threat to human health or the environment if released into the environment.
The term hazardous substance does not include any of the following when contained in an underground storage tank from which there is not a release: Crude oil or any fraction thereof or petroleum, if the tank is in compliance with all applicable federal, state, and local law.
(((6))) (7) "Owner or operator" means:
(a) Any person with any ownership interest in the facility or who exercises any control over the facility; or
(b) In the case of an abandoned facility, any person who had owned, or operated, or exercised control over the facility any time before its abandonment;
The term does not include:
(i) An agency of the state or unit of local government which acquired ownership or control involuntarily through bankruptcy, tax delinquency, abandonment, or circumstances in which the government involuntarily acquires title. This exclusion does not apply to an agency of the state or unit of local government which has caused or contributed to the release or threatened release of a hazardous substance from the facility; or
(ii) A person who, without participating in the management of a facility, holds indicia of ownership primarily to protect the person's security interest in the facility.
(((7))) (8) "Person" means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state government agency, unit of local government, federal government agency, or Indian tribe.
(((8))) (9) "Potentially liable person" means any person whom the department finds, based on credible evidence, to be liable under RCW 70.105D.040. The department shall give notice to any such person and allow an opportunity for comment before making the finding, unless an emergency requires otherwise.
(((9))) (10) "Public notice" means, at a minimum, adequate notice mailed to all persons who have made timely request of the department and to persons residing in the potentially affected vicinity of the proposed action; mailed to appropriate news media; published in the newspaper of largest circulation in the city or county of the proposed action; and opportunity for interested persons to comment.
(((10))) (11) "Release" means any intentional or unintentional entry of any hazardous substance into the environment, including but not limited to the abandonment or disposal of containers of hazardous substances.
(((11))) (12) "Remedy" or "remedial action" means any action or expenditure consistent with the purposes of this chapter to identify, eliminate, or minimize any threat or potential threat posed by hazardous substances to human health or the environment including any investigative and monitoring activities with respect to any release or threatened release of a hazardous substance and any health assessments or health effects studies conducted in order to determine the risk or potential risk to human health.
(13) "Industrial properties" means properties that are or have been characterized by, or are to be committed to, traditional industrial uses such as processing or manufacturing of materials, marine terminal and transportation areas and facilities, fabrication, assembly, treatment, or distribution of manufactured products, or storage of bulk materials, that are either:
(a) Zoned for industrial use by a city or county conducting land use planning under chapter 36.70A RCW; or
(b) For counties not planning under chapter 36.70A RCW and the cities within them, zoned for industrial use and adjacent to properties currently used or designated for industrial purposes.
Sec. 3. RCW 70.105D.030 and 1989 c 2 s 3 are each amended to read as follows:
(1) The department may exercise the following powers in addition to any other powers granted by law:
(a) Investigate, provide for investigating, or require potentially liable persons to investigate any releases or threatened releases of hazardous substances, including but not limited to inspecting, sampling, or testing to determine the nature or extent of any release or threatened release. If there is a reasonable basis to believe that a release or threatened release of a hazardous substance may exist, the department's authorized employees, agents, or contractors may enter upon any property and conduct investigations. The department shall give reasonable notice before entering property unless an emergency prevents such notice. The department may by subpoena require the attendance or testimony of witnesses and the production of documents or other information that the department deems necessary;
(b) Conduct, provide for conducting, or require potentially liable persons to conduct remedial actions (including investigations under (a) of this subsection) to remedy releases or threatened releases of hazardous substances. In carrying out such powers, the department's authorized employees, agents, or contractors may enter upon property. The department shall give reasonable notice before entering property unless an emergency prevents such notice. In conducting, providing for, or requiring remedial action, the department shall give preference to permanent solutions to the maximum extent practicable and shall provide for or require adequate monitoring to ensure the effectiveness of the remedial action;
(c) Indemnify contractors retained by the department for carrying out investigations and remedial actions, but not for any contractor's reckless or wilful misconduct;
(d) Carry out all state programs authorized under the federal cleanup law and the federal resource, conservation, and recovery act, 42 U.S.C. Sec. 6901 et seq., as amended;
(e) Classify substances as hazardous substances for purposes of RCW 70.105D.020(((5))) (6) and classify substances and products as hazardous substances for purposes of RCW 82.21.020(1); ((and))
(f) Issue orders or enter into consent decrees or agreed orders that include deed restrictions where necessary to protect human health and the environment from a release or threatened release of a hazardous substance from a facility. Prior to establishing a deed restriction under this subsection, the department shall notify and seek comment from a city or county department with land use planning authority for real property subject to a deed restriction;
(g) Enforce the application of permanent and effective institutional controls that are necessary for a remedial action to be protective of human health and the environment; and
(h) Take any other actions necessary to carry out the provisions of this chapter, including the power to adopt rules under chapter 34.05 RCW.
(2) The department shall immediately implement all provisions of this chapter to the maximum extent practicable, including investigative and remedial actions where appropriate. The department((, within nine months after March 1, 1989,)) shall adopt, and thereafter enforce, rules under chapter 34.05 RCW to:
(a) Provide for public participation, including at least (i) the establishment of regional citizen's advisory committees, (ii) public notice of the development of investigative plans or remedial plans for releases or threatened releases, and (iii) concurrent public notice of all compliance orders, enforcement orders, or notices of violation;
(b) Establish a hazard ranking system for hazardous waste sites;
(c) Establish reasonable deadlines not to exceed ninety days for initiating an investigation of a hazardous waste site after the department receives information that the site may pose a threat to human health or the environment and other reasonable deadlines for remedying releases or threatened releases at the site; ((and))
(d) Publish and periodically update minimum cleanup standards for remedial actions at least as stringent as the cleanup standards under section 121 of the federal cleanup law, 42 U.S.C. Sec. 9621, and at least as stringent as all applicable state and federal laws, including health-based standards under state and federal law; and
(e) Apply industrial clean-up standards at industrial properties. Rules adopted under this subsection shall ensure that industrial properties cleaned up to industrial standards cannot be converted to nonindustrial uses without approval from the department. The department may require that a property cleaned up to industrial standards is cleaned up to a more stringent applicable standard as a condition of conversion to a nonindustrial use. Industrial clean-up standards may not be applied to industrial properties where hazardous substances remaining at the property after remedial action pose a threat to human health or the environment in adjacent nonindustrial areas.
(3) Before November 1st of each even-numbered year, the department shall develop, with public notice and hearing, and submit to the ways and means and appropriate standing environmental committees of the senate and house of representatives a ranked list of projects and expenditures recommended for appropriation from both the state and local toxics control accounts. The department shall also provide the legislature and the public each year with an accounting of the department's activities supported by appropriations from the state toxics control account, including a list of known hazardous waste sites and their hazard rankings, actions taken and planned at each site, how the department is meeting its top two management priorities under RCW 70.105.150, and all funds expended under this chapter.
(4) The department shall establish a scientific advisory board to render advice to the department with respect to the hazard ranking system, cleanup standards, remedial actions, deadlines for remedial actions, monitoring, the classification of substances as hazardous substances for purposes of RCW 70.105D.020(((5))) (6) and the classification of substances or products as hazardous substances for purposes of RCW 82.21.020(1). The board shall consist of five independent members to serve staggered three-year terms. No members may be employees of the department. Members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(5) The department shall establish a program to identify potential hazardous waste sites and to encourage persons to provide information about hazardous waste sites.
Sec. 4. RCW 70.105D.040 and 1989 c 2 s 4 are each amended to read as follows:
(1) Except as provided in subsection (3) of this section, the following persons are liable with respect to a facility:
(a) The owner or operator of the facility;
(b) Any person who owned or operated the facility at the time of disposal or release of the hazardous substances;
(c) Any person who owned or possessed a hazardous substance and who by contract, agreement, or otherwise arranged for disposal or treatment of the hazardous substance at the facility, or arranged with a transporter for transport for disposal or treatment of the hazardous substances at the facility, or otherwise generated hazardous wastes disposed of or treated at the facility;
(d) Any person (i) who accepts or accepted any hazardous substance for transport to a disposal, treatment, or other facility selected by such person from which there is a release or a threatened release for which remedial action is required, unless such facility, at the time of disposal or treatment, could legally receive such substance; or (ii) who accepts a hazardous substance for transport to such a facility and has reasonable grounds to believe that such facility is not operated in accordance with chapter 70.105 RCW; and
(e) Any person who both sells a hazardous substance and is responsible for written instructions for its use if (i) the substance is used according to the instructions and (ii) the use constitutes a release for which remedial action is required at the facility.
(2) Each person who is liable under this section is strictly liable, jointly and severally, for all remedial action costs and for all natural resource damages resulting from the releases or threatened releases of hazardous substances. The attorney general, at the request of the department, is empowered to recover all costs and damages from persons liable therefor.
(3) The following persons are not liable under this section:
(a) Any person who can establish that the release or threatened release of a hazardous substance for which the person would be otherwise responsible was caused solely by:
(i) An act of God;
(ii) An act of war; or
(iii) An act or omission of a third party (including but not limited to a trespasser) other than (A) an employee or agent of the person asserting the defense, or (B) any person whose act or omission occurs in connection with a contractual relationship existing, directly or indirectly, with the person asserting this defense to liability. This defense only applies where the person asserting the defense has exercised the utmost care with respect to the hazardous substance, the foreseeable acts or omissions of the third party, and the foreseeable consequences of those acts or omissions;
(b) Any person who is an owner, past owner, or purchaser of a facility and who can establish by a preponderance of the evidence that at the time the facility was acquired by the person, the person had no knowledge or reason to know that any hazardous substance, the release or threatened release of which has resulted in or contributed to the need for the remedial action, was released or disposed of on, in, or at the facility. This subsection (b) is limited as follows:
(i) To establish that a person had no reason to know, the person must have undertaken, at the time of acquisition, all appropriate inquiry into the previous ownership and uses of the property, consistent with good commercial or customary practice in an effort to minimize liability. Any court interpreting this subsection (b) shall take into account any specialized knowledge or experience on the part of the person, the relationship of the purchase price to the value of the property if uncontaminated, commonly known or reasonably ascertainable information about the property, the obviousness of the presence or likely presence of contamination at the property, and the ability to detect such contamination by appropriate inspection;
(ii) The defense contained in this subsection (b) is not available to any person who had actual knowledge of the release or threatened release of a hazardous substance when the person owned the real property and who subsequently transferred ownership of the property without first disclosing such knowledge to the transferee;
(iii) The defense contained in this subsection (b) is not available to any person who, by any act or omission, caused or contributed to the release or threatened release of a hazardous substance at the facility;
(c) Any natural person who uses a hazardous substance lawfully and without negligence for any personal or domestic purpose in or near a dwelling or accessory structure when that person is: (i) A resident of the dwelling; (ii) a person who, without compensation, assists the resident in the use of the substance; or (iii) a person who is employed by the resident, but who is not an independent contractor;
(d) Any person who, for the purpose of growing food crops, applies pesticides or fertilizers without negligence and in accordance with all applicable laws and regulations.
(4) There may be no settlement by the state with any person potentially liable under this chapter except in accordance with this ((subsection)) section.
(a) The attorney general may agree to a settlement with any potentially liable person only if the department finds, after public notice and hearing, that the proposed settlement would lead to a more expeditious cleanup of hazardous substances in compliance with cleanup standards under RCW 70.105D.030(2)(d) and with any remedial orders issued by the department. Whenever practicable and in the public interest, the attorney general may expedite such a settlement with persons whose contribution is insignificant in amount and toxicity.
(b) A settlement agreement under this ((subsection)) section shall be entered as a consent decree issued by a court of competent jurisdiction.
(c) A settlement agreement may contain a covenant not to sue only of a scope commensurate with the settlement agreement in favor of any person with whom the attorney general has settled under this section. Any covenant not to sue shall contain a reopener clause which requires the court to amend the covenant not to sue if factors not known at the time of entry of the settlement agreement are discovered and present a previously unknown threat to human health or the environment.
(d) A party who has resolved its liability to the state under this ((subsection)) section shall not be liable for claims for contribution regarding matters addressed in the settlement. The settlement does not discharge any of the other liable parties but it reduces the total potential liability of the others to the state by the amount of the settlement.
(5) In addition to the settlement authority provided under subsection (4) of this section, the attorney general may agree to a settlement with a person not currently liable for remedial action at a facility who proposes to purchase, redevelop, or reuse the facility, provided that:
(a) The settlement will provide a substantial public benefit, including but not limited to the reuse of a vacant or abandoned manufacturing or industrial facility, or the development of a facility by a governmental entity to address an important public purpose;
(b) The settlement will yield substantial new resources to facilitate cleanup;
(c) The settlement will expedite remedial action consistent with the rules adopted under this chapter; and
(d) Based on available information, the department determines that the redevelopment or reuse of the facility is not likely to contribute to the existing release or threatened release, interfere with remedial actions that may be needed at the site, or increase health risks to persons at or in the vicinity of the site.
(6) Nothing in this chapter affects or modifies in any way any person's right to seek or obtain relief under other statutes or under common law, including but not limited to damages for injury or loss resulting from a release or threatened release of a hazardous substance. No settlement by the department or remedial action ordered by a court or the department affects any person's right to obtain a remedy under common law or other statutes.
NEW SECTION. Sec. 5. A new section is added to chapter 70.105 RCW to read as follows:
Solid wastes that designate as dangerous waste or extremely hazardous waste but do not designate as hazardous waste under federal law are conditionally exempt from the requirements of this chapter, if:
(1) The waste is generated pursuant to a consent decree issued under chapter 70.105D RCW;
(2) The consent decree characterizes the solid waste and specifies management practices and a department-approved treatment or disposal location;
(3) The management practices are consistent with RCW 70.105.150 and are protective of human health and the environment as determined by the department of ecology; and
(4) Waste treated or disposed of on-site will be managed in a manner determined by the department to be as protective of human health and the environment as clean-up standards pursuant to chapter 70.105D RCW.
This section shall not be interpreted to limit the ability of the department to apply any requirement of this chapter through a consent decree issued under chapter 70.105D RCW, if the department determines these requirements to be appropriate. Neither shall this section be interpreted to limit the application of this chapter to a cleanup conducted under the federal comprehensive environmental response, compensation, and liability act (42 U.S.C. Sec. 9601 et seq., as amended).
Sec. 6. RCW 70.105.050 and 1987 c 488 s 4 are each amended to read as follows:
(1) No person shall dispose of designated extremely hazardous wastes at any disposal site in the state other than the disposal site established and approved for such purpose under provisions of this chapter, except:
(a) When such wastes are going to a processing facility which will result in the waste being reclaimed, treated, detoxified, neutralized, or otherwise processed to remove its harmful properties or characteristics((.)); or
(b) When such wastes are managed on-site as part of a remedial action conducted by the department or by potentially liable persons under a consent decree issued by the department pursuant to chapter 70.105D RCW.
(2) Extremely hazardous wastes that contain radioactive components may be disposed at a radioactive waste disposal site that is (a) owned by the United States department of energy or a licensee of the nuclear regulatory commission and (b) permitted by the department and operated in compliance with the provisions of this chapter. However, prior to disposal, or as a part of disposal, all reasonable methods of treatment, detoxification, neutralization, or other waste management methodologies designed to mitigate hazards associated with these wastes shall be employed, as required by applicable federal and state laws and regulations.
NEW SECTION. Sec. 7. A new section is added to chapter 70.105 RCW to read as follows:
Nothing in this chapter shall alter or affect the regulatory authority of a county, city, or jurisdictional health district to condition or prohibit the acceptance of hazardous waste in a county or city landfill."
Signed by Representatives Rust, Chair; Flemming, Vice Chair; Horn, Ranking Minority Member; Bray; Edmondson; Foreman; Hansen; Holm; L. Johnson; J. Kohl; Linville; Roland and Sheahan.
MINORITY recommendation: Do not pass. Signed by Representative Van Luven, Assistant Ranking Minority Member.
Passed to Committee on Rules for second reading.
February 25, 1994
ESSB 6124 Prime Sponsor, Committee on Labor & Commerce: Protecting homeowners' equity. Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that many homeowners are solicited by siding and roofing contractors to purchase home improvements. Some contractors misrepresent the financing terms or the cost of the improvements, preventing the homeowner from making an informed decision about whether the improvements are affordable. The result is that many homeowners face financial hardship including the loss of their homes through foreclosure. The legislature declares that this is a matter of public interest. It is the intent of the legislature to establish rules of business practice for roofing and siding contractors to promote honesty and fair dealing with homeowners.
NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Roofing or siding contract" means an agreement between a roofing or siding contractor or salesperson and a homeowner that includes, in part, an agreement to install, repair or replace residential roofing or siding for a total cost including labor and materials in excess of one thousand dollars.
This chapter does not apply to the following contracts:
(a) Residential remodel or repair contracts where the cost specified for roofing or siding is less than twenty percent of the total contract price;
(b) Contracts where the roofing or siding is part of a contract to build a new dwelling or an addition that provides additional living space;
(c) Contracts for emergency repairs made necessary by a natural disaster such as an earthquake, wind storm, or hurricane, or after a fire in the dwelling;
(d) Homes being prepared for resale; or
(e) Roofing or siding contracts in which the homeowner was not directly solicited by a roofing or siding contractor or salesperson.
(2) "Roofing or siding contractor" means a person who owns or operates a contracting business that purports to install, repair, or replace or subcontracts to install, repair, or replace residential roofing or siding.
(3) "Roofing or siding salesperson" means a person who solicits, negotiates, executes, or otherwise endeavors to procure a contract with a homeowner to install, repair, or replace residential roofing or siding on behalf of a roofing or siding contractor.
(4) "Residential roofing or siding" means roofing or siding installation, repair or replacement for an existing single-family dwelling or multiple family dwelling of four or less units, provided that this does not apply to a residence under construction.
(5) "Person" includes an individual, corporation, company, partnership, joint venture, or a business entity.
(6) "Siding" means material used to cover the exterior walls of a residential dwelling, excluding paint application.
(7) "Solicit" means to initiate contact with the homeowner, either in person or by telephone, for the sole purpose of attempting to sell residential roofing or siding contracts as covered under this chapter, where the homeowner has expressed no previous interest in purchasing or obtaining information regarding residential roofing or siding. "Solicit" also means the use of promotional fliers, mailings, or newspaper advertisements which offer a reward in the form of cash, property, or services merely as an incentive to contact the roofing or siding contractor or salesperson. "Solicit" does not mean:
(a) Calls made in response to a request or inquiry by the called party; or
(b) Calls made to homeowners who have prior business or personal contact with the residential roofing or siding contractor or salesperson.
NEW SECTION. Sec. 3. A roofing or siding contract shall be in writing. A copy of the contract shall be given to the homeowner at the time the homeowner signs the contract. The contract shall be typed or printed legibly and contain the following provisions:
(1) An itemized list of all work to be performed;
(2) The grade, quality, or brand name of materials to be used;
(3) A statement as to whether all or part of the work is to be subcontracted to another person;
(4) The contract shall require the homeowner to disclose whether he or she intends to obtain a loan in order to pay for all or part of the amount due under the contract;
(5) If the customer indicates that he or she intends to obtain a loan to pay for a portion of the roofing or siding contract, the homeowner shall have the right to rescind the contract within three business days of receiving truth-in-lending disclosures or three business days of receiving written notification that the loan application was denied, whichever date is later; and
(6) The contract shall provide the following notice in ten-point boldface type in capital letters:
"CUSTOMER'S RIGHT TO CANCEL
IF YOU HAVE INDICATED IN THIS CONTRACT THAT YOU INTEND TO OBTAIN A LOAN TO PAY FOR ALL OR PART OF THE WORK SPECIFIED IN THE CONTRACT, YOU HAVE THE RIGHT TO CHANGE YOUR MIND AND CANCEL THIS CONTRACT WITHIN THREE DAYS OF THE DATE WHEN THE LENDER PROVIDES YOU WITH YOUR TRUTH-IN-LENDING DISCLOSURE STATEMENT OR THE DATE WHEN YOU RECEIVE WRITTEN NOTIFICATION THAT YOUR LOAN WAS DENIED.
BE SURE THAT ALL PROMISES MADE BY YOUR CONTRACTOR ARE PUT IN WRITING BEFORE YOU SIGN THIS CONTRACT."
NEW SECTION. Sec. 4. If the customer indicates that he or she intends to obtain a loan to pay for all or part of the cost of the roofing or siding contract, the roofing or siding contractor shall not begin work until after the homeowner's rescission rights provided in section 3(6) of this act have expired. If the roofing or siding contractor commences work under the contract before the homeowner's rescission rights have expired, the roofing or siding contractor or salesperson shall be prohibited from enforcing terms of the contract, including claims for labor or materials, in a court of law and shall terminate any security interest or statutory lien created under the transaction within twenty days of receiving written rescission of the contract from the customer.
NEW SECTION. Sec. 5. A person who purchases or is otherwise assigned a roofing or siding contract shall be subject to all claims and defenses with respect to the contract that the homeowner could assert against the siding or roofing contractor or salesperson. A person who sells or otherwise assigns a roofing or siding contract shall include a prominent notice of the potential liability under this section.
NEW SECTION. Sec. 6. The legislature finds and declares that a violation of this chapter substantially affects the public interest and is an unfair and deceptive act or practice and unfair method of competition in the conduct of trade or commerce as set forth under chapter 19.86 RCW.
NEW SECTION. Sec. 7. A roofing or siding contractor or salesperson who fails to comply with the requirements of this chapter shall be liable to the homeowner for any actual damages sustained by the person as a result of the failure. Nothing in this section shall limit any cause of action or remedy available under section 6 of this act or chapter 19.86 RCW.
NEW SECTION. Sec. 8. Sections 2 through 7 of this act shall constitute a new chapter in Title 19 RCW."
Signed by Representatives Heavey, Chair; G. Cole, Vice Chair; Chandler, Assistant Ranking Minority Member; Conway; King and Veloria.
MINORITY recommendation: Do not pass. Signed by Representatives Lisk, Ranking Minority Member; Horn and Springer.
Passed to Committee on Rules for second reading.
February 24, 1994
ESSB 6125 Prime Sponsor, Committee on Natural Resources: Revising fees and procedures for recreational fish and hunting licenses. Reported by Committee on Fisheries & Wildlife
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 77.32 RCW to read as follows:
The legislature finds that it is in the best interest of recreational hunters and fishers in the state of Washington to be able to purchase all recreational hunting and fishing licenses as a single document. Under the combined department of fish and wildlife, there is the opportunity to establish uniform license requirements and procedures.
There is created a sport recreational license, to be administered by the department of fish and wildlife. The sport recreational license shall include the personal use food fish, game fish, hunting, hound, and eastern Washington upland bird licenses, for residents and nonresidents. The license shall also include three-day game fish and food fish licenses, for residents and nonresidents. The license shall include a warm water game fish surcharge, the funds from which shall be deposited in the warm water game fish account, under chapter . . . (Second Substitute Senate Bill No. 6206), Laws of 1994. The license may also include provisions for other special licenses, surcharges, or enhancement stamps as needed.
NEW SECTION. Sec. 2. A new section is added to chapter 77.32 RCW to read as follows:
The legislature finds that it is in the best interest of recreational hunters and fishers in the state of Washington to be able to purchase all recreational hunting and fishing licenses as a single document. Under the combined department of fish and wildlife, there is the opportunity to establish uniform license requirements and procedures.
There is created a sport recreational license, to be administered by the department of fish and wildlife. The sport recreational license shall include the personal use food fish, game fish, hunting, hound, and eastern Washington upland bird licenses, for residents and nonresidents. The license shall also include three-day game fish and food fish licenses, for residents and nonresidents.
Sec. 3. RCW 75.08.011 and 1993 sp.s. c 2 s 20 and 1993 c 340 s 47 are each reenacted and amended to read as follows:
As used in this title or rules of the director, unless the context clearly requires otherwise:
(1) "Director" means the director of fish and wildlife.
(2) "Department" means the department of fish and wildlife.
(3) "Person" means an individual or a public or private entity or organization. The term "person" includes local, state, and federal government agencies, and all business organizations, including corporations and partnerships.
(4) "Fisheries patrol officer" means a person appointed and commissioned by the director, with authority to enforce this title, rules of the director, and other statutes as prescribed by the legislature. Fisheries patrol officers are peace officers.
(5) "Ex officio fisheries patrol officer" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio fisheries patrol officer" also includes wildlife agents, special agents of the national marine fisheries service, United States fish and wildlife special agents, state parks commissioned officers, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.
(6) "To fish," "to harvest," and "to take" and their derivatives mean an effort to kill, injure, harass, or catch food fish or shellfish.
(7) "State waters" means all marine waters and fresh waters within ordinary high water lines and within the territorial boundaries of the state.
(8) "Offshore waters" means marine waters of the Pacific Ocean outside the territorial boundaries of the state, including the marine waters of other states and countries.
(9) "Concurrent waters of the Columbia river" means those waters of the Columbia river that coincide with the Washington-Oregon state boundary.
(10) "Resident" means a person who has ((for the preceding ninety days)) maintained a permanent place of abode within the state for at least ninety days immediately preceding an application for a license, has established by formal evidence an intent to continue residing within the state, and who is not licensed to hunt or fish as a resident in another state.
(11) "Nonresident" means a person who has not fulfilled the qualifications of a resident.
(12) "Food fish" means those species of the classes Osteichthyes, Agnatha, and Chondrichthyes that have been classified and that shall not be fished for except as authorized by rule of the director. The term "food fish" includes all stages of development and the bodily parts of food fish species.
(13) "Shellfish" means those species of marine and freshwater invertebrates that have been classified and that shall not be taken except as authorized by rule of the director. The term "shellfish" includes all stages of development and the bodily parts of shellfish species.
(14) "Salmon" means all species of the genus Oncorhynchus, except those classified as game fish in Title 77 RCW, 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
(15) "Commercial" means related to or connected with buying, selling, or bartering. Fishing for food fish or shellfish with gear unlawful for fishing for personal use, or possessing food fish or shellfish in excess of the limits permitted for personal use are commercial activities.
(16) "To process" and its derivatives mean preparing or preserving food fish or shellfish.
(17) "Personal use" means for the private use of the individual taking the food fish or shellfish and not for sale or barter.
(18) "Angling gear" means a line attached to a rod and reel capable of being held in hand while landing the fish or a hand-held line operated without rod or reel ((to which are attached no more than two single hooks or one artificial bait with no more than four multiple hooks)).
(19) "Open season" means those times, manners of taking, and places or waters established by rule of the director for the lawful fishing, taking, or possession of food fish or shellfish. "Open season" includes the first and last days of the established time.
(20) "Fishery" means the taking of one or more particular species of food fish or shellfish with particular gear in a particular geographical area.
(21) "Limited-entry license" means a license subject to a license limitation program established in chapter 75.30 RCW.
(22) "Seaweed" means marine aquatic plant species that are dependent upon the marine aquatic or tidal environment, and exist in either an attached or free floating form, and includes but is not limited to marine aquatic plants in the classes Chlorophyta, Phaeophyta, and Rhodophyta.
Sec. 4. RCW 75.25.091 and 1993 sp.s. c 17 s 2 are each amended to read as follows:
(1) A personal use food fish license is required for all persons other than residents under fifteen years of age((, honorably discharged veterans with service-connected disabilities of thirty percent or more who have resided in the state for one year or more, or residents seventy years of age or older)) to fish for, take, or possess food fish for personal use from state waters or offshore waters. A personal use food fish license is not required under this section to fish for, take, or possess carp, smelt, or albacore.
(2) The fees for annual personal use food fish licenses include the one dollar regional fisheries enhancement surcharge imposed in RCW 75.50.100 and are as follows:
(a) For a resident fifteen years of age or older and under seventy years of age, ((seven)) eight dollars; ((and))
(b) For a resident seventy years of age or older, three dollars; and
(c) For a nonresident, ((nineteen)) twenty dollars.
(3) The fee for a ((two-consecutive-day)) three-consecutive-day personal use food fish license is ((four)) five dollars, and includes the one-dollar regional fishery enhancement group surcharge imposed in RCW 75.50.100.
(4) An annual personal use food fish license is valid for a maximum catch of fifteen salmon, after which another annual personal use food fish license may be purchased.
(5) An annual personal use food fish license is valid for an annual maximum catch of fifteen sturgeon. No person may take more than fifteen sturgeon in any calendar year.
Sec. 5. RCW 75.25.092 and 1993 sp.s. c 17 s 3 are each amended to read as follows:
(1) A personal use shellfish and seaweed license is required for all persons other than residents under fifteen years of age ((or honorably discharged veterans with service-connected disabilities of thirty percent or more who have resided in the state for one year or more)) to fish for, take, dig for, or possess seaweed or shellfish except crawfish (Pacifastacus sp.) for personal use from state waters or offshore waters including national park beaches.
(2) The fees for annual personal use shellfish and seaweed licenses are:
(a) For a resident fifteen years of age or older and under seventy years of age, five dollars;
(b) For a resident seventy years of age or older, three dollars; and
(c) For a nonresident, twenty dollars.
(3) The fee for a ((two-consecutive-day)) three-consecutive-day personal use shellfish and seaweed license is five dollars.
Sec. 6. RCW 75.25.110 and 1993 sp.s. c 17 s 6 are each amended to read as follows:
(1) Any of the recreational fishing licenses required by this chapter shall, upon ((request)) written application, be issued without charge to the following individuals ((upon request)):
(a) ((Residents under fifteen years of age;
(b))) Residents who ((submit applications attesting that they)) are ((a person sixty-five years of age or older who is an)) honorably discharged veterans of the United States armed forces and who are sixty-five years of age or older with a service-connected disability ((and who has been a resident of this state for the preceding ninety days));
(b) Residents who are honorably discharged veterans of the United States armed forces with a thirty percent or more service-connected disability;
(c) A ((blind)) person who is blind;
(d) A person with a developmental disability as defined in RCW 71A.10.020 with documentation of the disability from the department of social and health services; and
(e) A person who is physically handicapped and confined to a wheelchair.
(2) A ((blind)) person who is blind or a physically handicapped person confined to a wheelchair who has been issued a card for a permanent disability under RCW 46.16.381 may use that card in place of a fishing license.
(3) Licenses issued at no charge under this section shall be issued from Olympia as provided by rule of the director.
Sec. 7. RCW 75.25.120 and 1993 sp.s. c 17 s 7 are each amended to read as follows:
In concurrent waters of the Columbia river and in Washington coastal territorial waters from the Oregon-Washington boundary to a point five nautical miles north, an Oregon angling license comparable to the Washington personal use food fish license or ((two-consecutive-day)) three-consecutive-day personal use food fish license is valid if Oregon recognizes as valid the Washington personal use food fish license or ((two-consecutive-day)) three-consecutive-day personal use food fish license in comparable Oregon waters.
If Oregon recognizes as valid the Washington personal use food fish license or ((two-consecutive-day)) three-consecutive-day personal use food fish license southward to Cape Falcon in the coastal territorial waters from the Washington-Oregon boundary and in concurrent waters of the Columbia river then Washington shall recognize a valid Oregon license comparable to the Washington personal use food fish license or ((two-consecutive-day)) three-consecutive-day personal use food fish license northward to Leadbetter Point.
Oregon licenses are not valid for the taking of food fish when angling in concurrent waters of the Columbia river from the Washington shore.
Sec. 8. RCW 75.25.150 and 1993 sp.s. c 17 s 9 are each amended to read as follows:
It is unlawful to dig for, fish for, harvest, or possess shellfish ((or)), food fish, or seaweed without the licenses required by this chapter.
Sec. 9. RCW 75.25.180 and 1993 sp.s. c 17 s 10 and 1993 sp.s. c 2 s 44 are each reenacted and amended to read as follows:
Recreational licenses issued by the department under this chapter are valid for the following periods:
(1) Recreational licenses issued without charge to persons designated by this chapter are valid for a period of five years((:
(a) For blind persons;
(b) For the period of continued state residency for qualified disabled veterans;
(c) For persons with a developmental disability; and
(d) For handicapped persons confined to a wheelchair who have been issued a permanent disability card)).
(2) ((Two-consecutive-day)) Three-consecutive-day personal use food fish and shellfish and seaweed licenses expire at midnight on the second day following the validation date written on the license by the license dealer, except ((two-consecutive-day)) three-consecutive-day personal use food fish and shellfish and seaweed licenses validated for December 30 or 31 expire at midnight on ((that date)) December 31.
(3) ((A personal use food fish license is valid for a maximum catch of fifteen salmon, after which another personal use food fish license may be purchased. A)) An annual personal use food fish license or annual personal use shellfish and seaweed license is valid only for the calendar year for which it is issued.
(((4) A personal use food fish license is valid for an annual maximum catch of fifteen sturgeon.
(5) Personal use shellfish licenses are valid for the calendar year for which they are issued.))
NEW SECTION. Sec. 10. A new section is added to chapter 75.25 RCW to read as follows:
The director shall by rule establish the conditions for issuance of duplicate licenses, permits, tags, stamps, and catch record cards required by this chapter. The fee for a duplicate provided under this section is ten dollars for those licenses that are ten dollars and over, and for those licenses under ten dollars the duplicate fee is the value of the license.
Sec. 11. RCW 77.32.161 and 1991 sp.s. c 7 s 2 are each amended to read as follows:
A nonresident or resident may obtain a temporary fishing license, which allows the holder to fish for game fish throughout the state for either three ((consecutive)) days or for one day. The fee for ((this)) a three-day license is nine dollars for residents and seventeen dollars for nonresidents. The fee for a one-day license is three dollars for residents and seven dollars for nonresidents. The resident temporary fishing license is not valid for an eight consecutive day period beginning on the opening day of the lowland lake fishing season.
Sec. 12. RCW 77.32.101 and 1991 sp.s. c 7 s 1 are each amended to read as follows:
(1) A combination hunting and fishing license allows a resident holder to hunt, and to fish for game fish throughout the state. The fee for this license is twenty-nine dollars.
(2) A hunting license allows the holder to hunt throughout the state. The fee for this license is fifteen dollars for residents and one hundred fifty dollars for nonresidents.
(3) A fishing license allows the holder to fish for game fish throughout the state. The fee for this license is seventeen dollars for residents fifteen years of age or older and under seventy years of age, three dollars for residents seventy years of age or older, twenty dollars for nonresidents under fifteen years of age, and forty-eight dollars for nonresidents fifteen years of age or older.
(4) A steelhead fishing license allows the holder of a combination hunting and fishing license or a fishing license issued under this section to fish for steelhead throughout the state. The fee for this license is eighteen dollars.
(5) A juvenile steelhead license allows residents under fifteen years of age and nonresidents under fifteen years of age who hold a fishing license to fish for steelhead throughout the state. The fee for this license is six dollars and entitles the holder to take up to five steelhead at which time another juvenile steelhead license may be purchased. Any person who purchases a juvenile steelhead license is prohibited from purchasing a steelhead license for the same calendar year.
Sec. 13. RCW 77.32.230 and 1991 sp.s. c 7 s 5 are each amended to read as follows:
(1) A person sixty-five years of age or older who is an honorably discharged veteran of the United States armed forces having a service-connected disability and who ((has been)) is a resident ((for five years)) may receive upon written application a ((state)) hunting and fishing license free of charge.
(2) Residents who are honorably discharged veterans of the United States armed forces with a thirty percent or more service-connected disability may receive upon written application a hunting and fishing license free of charge.
(3) An honorably discharged veteran who is a resident and is confined to a wheelchair shall receive upon application a hunting license free of charge.
(4) A ((blind)) person who is blind, or a person with a developmental disability as defined in RCW 71A.10.020 with documentation of the disability from the department of social and health services, or a physically handicapped person confined to a wheelchair may receive upon written application a fishing license free of charge.
(((3))) (5) A ((blind)) person who is blind or a physically handicapped person confined to a wheelchair who has been issued a card for a permanent disability under RCW 46.16.381 may use that card in place of a fishing license ((unless tags, permits, stamps, or punchcards are required by this chapter)).
(((4))) (6) A fishing license is not required for ((persons)) residents under the age of fifteen.
(((5))) (7) Tags, permits, stamps, and ((punchcards)) steelhead licenses required by this chapter shall be purchased separately by persons receiving a free or reduced-fee license.
(8) Licenses issued at no charge under this section shall be issued from Olympia as provided by rule of the director, and are valid for five years.
Sec. 14. RCW 77.32.256 and 1991 sp.s. c 7 s 7 are each amended to read as follows:
The director shall by rule establish the conditions for issuance of duplicate licenses, rebates, permits, tags, stamps, and ((punchcards)) catch record cards required by this chapter. The fee for a duplicate provided under this section is ten dollars for those licenses that are ten dollars and over, and for those licenses under ten dollars the duplicate fee is the value of the license.
NEW SECTION. Sec. 15. All licenses issued by the department of fisheries under Title 75 RCW or issued by the department of wildlife under Title 77 RCW shall be recognized as valid by the department of fish and wildlife until the stated expiration date.
NEW SECTION. Sec. 16. Section 15 of this act shall take effect July 1, 1994.
NEW SECTION. Sec. 17. Sections 3 through 14 of this act shall take effect July 1, 1995.
NEW SECTION. Sec. 18. Section 1 of this act shall take effect July 1, 1995, if Second Substitute Senate Bill No. 6206 becomes law by June 30, 1994, otherwise section 1 of this act shall not take effect.
NEW SECTION. Sec. 19. Section 2 of this act shall take effect July 1, 1995, if Second Substitute Senate Bill No. 6206 does not become law by June 30, 1994, otherwise section 2 of this act shall not take effect."
Signed by Representatives King, Chair; Fuhrman, Ranking Minority Member; Sehlin, Assistant Ranking Minority Member; Basich; Chappell; Foreman; Quall and Scott.
Excused: Representative Orr; Vice Chair.
Referred to Committee on Revenue.
February 25, 1994
2SSB 6136 Prime Sponsor, Committee on Ways & Means: Creating a thirtieth community and technical college district. Reported by Committee on Higher Education
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 28B.50 RCW to read as follows:
The legislature finds that population growth in north King and south Snohomish counties has created a need to expand higher education and work force training programs for the people living and working in those areas. In keeping with the recommendations of the higher education coordinating board, the legislature intends to help address those education and training needs through the creation of Cascadia Community College, expansion of educational opportunities at Lake Washington Technical College, and support of the University of Washington's branch campus at Bothell-Woodinville. It is further the intention of the legislature, in keeping with the higher education coordinating board recommendations, that the Cascadia Community College and the University of Washington branch campus be collocated, and that the new community college and the University of Washington's branch campus work in partnership to ensure that properly prepared students from community colleges and other institutions are able to transfer smoothly to the branch campus.
The legislature further finds that a governing board for Cascadia Community College needs to be appointed and confirmed as expeditiously as possible. The legislature intends to work cooperatively with the governor to facilitate the appointment and confirmation of trustees for the college.
Sec. 2. RCW 28B.50.040 and 1991 c 238 s 23 are each amended to read as follows:
The state of Washington is hereby divided into ((twenty-nine)) thirty college districts as follows:
(1) The first district shall encompass the counties of Clallam and Jefferson;
(2) The second district shall encompass the counties of Grays Harbor and Pacific;
(3) The third district shall encompass the counties of Kitsap and Mason;
(4) The fourth district shall encompass the counties of San Juan, Skagit and Island;
(5) The fifth district shall encompass Snohomish county except for the Northshore common school district and that portion encompassed by the twenty-third district created in subsection (23) of this section: PROVIDED, That the fifth district shall encompass the Everett Community College;
(6) The sixth district shall encompass the present boundaries of the common school districts of Seattle and Vashon Island, King county;
(7) The seventh district shall encompass the present ((boundaries)) boundary of the common school district((s)) of Shoreline in King county ((and Northshore in King and Snohomish counties));
(8) The eighth district shall encompass the present boundaries of the common school districts of ((Lake Washington,)) Bellevue, Issaquah, ((Lower Snoqualmie,)) Mercer Island, Skykomish and Snoqualmie, King county;
(9) The ninth district shall encompass the present boundaries of the common school districts of Federal Way, Highline and South Central, King county;
(10) The tenth district shall encompass the present boundaries of the common school districts of Auburn, Black Diamond, Renton, Enumclaw, Kent, Lester and Tahoma, King county, and the King county portion of Puyallup common school district No. 3;
(11) The eleventh district shall encompass all of Pierce county, except for the present boundaries of the common school districts of Tacoma and Peninsula;
(12) The twelfth district shall encompass Lewis county, the Rochester common school district No. 401, the Tenino common school district No. 402 of Thurston county, and the Thurston county portion of the Centralia common school district No. 401;
(13) The thirteenth district shall encompass the counties of Cowlitz, and Wahkiakum;
(14) The fourteenth district shall encompass the counties of Clark, Skamania and that portion of Klickitat county not included in the sixteenth district;
(15) The fifteenth district shall encompass the counties of Chelan, Douglas and Okanogan;
(16) The sixteenth district shall encompass the counties of Kittitas, Yakima, and that portion of Klickitat county included in United States census divisions 1 through 4;
(17) The seventeenth district shall encompass the counties of Ferry, Lincoln (except consolidated school district 105-157-166J and the Lincoln county portion of common school district 167-202), Pend Oreille, Spokane, Stevens and Whitman;
(18) The eighteenth district shall encompass the counties of Adams and Grant, and that portion of Lincoln county comprising consolidated school district 105-157-166J and common school district 167-202;
(19) The nineteenth district shall encompass the counties of Benton and Franklin;
(20) The twentieth district shall encompass the counties of Asotin, Columbia, Garfield and Walla Walla;
(21) The twenty-first district shall encompass Whatcom county;
(22) The twenty-second district shall encompass the present boundaries of the common school districts of Tacoma and Peninsula, Pierce county;
(23) The twenty-third district shall encompass that portion of Snohomish county within such boundaries as the state board for community and technical colleges shall determine: PROVIDED, That the twenty-third district shall encompass the Edmonds Community College;
(24) The twenty-fourth district shall encompass all of Thurston county except the Rochester common school district No. 401, the Tenino common school district No. 402, and the Thurston county portion of the Centralia common school district No. 401;
(25) The twenty-fifth district shall encompass all of Whatcom county;
(26) The twenty-sixth district shall encompass the Northshore, Lake Washington, Bellevue, Mercer Island, Issaquah, Riverview, Snoqualmie Valley and Skykomish school districts;
(27) The twenty-seventh district shall encompass the Renton, Kent, Auburn, Tahoma, and Enumclaw school districts and a portion of the Seattle school district described as follows: Commencing at a point established by the intersection of the Duwamish river and the south boundary of the Seattle Community College District (number six) and thence north along the centerline of the Duwamish river to the west waterway; thence north along the centerline of the west waterway to Elliot Bay; thence along Elliot Bay to a line established by the intersection of the extension of Denny Way to Elliot Bay; thence east along the line established by the centerline of Denny Way to Lake Washington; thence south along the shoreline of Lake Washington to the south line of the Seattle Community College District; and thence west along the south line of the Seattle Community College District to the point of beginning;
(28) The twenty-eighth district shall encompass all of Pierce county; ((and))
(29) The twenty-ninth district shall encompass all of Pierce county; and
(30) The thirtieth district shall encompass the present boundaries of the common school districts of Lake Washington and Riverview in King county and Northshore in King and Snohomish counties.
NEW SECTION. Sec. 3. A new section is added to chapter 28B.50 RCW to read as follows:
There is hereby created a board of trustees for district thirty and Cascadia Community College. The members of the board shall be appointed pursuant to the provisions of RCW 28B.50.100.
Sec. 4. RCW 28B.45.020 and 1989 1st ex.s. c 7 s 3 are each amended to read as follows:
The University of Washington is responsible for ensuring the expansion of upper-division and graduate educational programs in the central Puget Sound area under rules or guidelines adopted by the higher education coordinating board. The University of Washington shall meet that responsibility through the operation of at least two branch campuses. One branch campus shall be located in the Tacoma area. ((Another branch campus shall be located in the Bothell-Woodinville area.)) Another branch campus shall be collocated with Cascadia Community College in the Bothell-Woodinville area.
NEW SECTION. Sec. 5. 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 shall take effect immediately."
Signed by Representatives Jacobsen, Chair; Quall, Vice Chair; Brumsickle, Ranking Minority Member; Sheahan, Assistant Ranking Minority Member; Basich; Bray; Carlson; Casada; Finkbeiner; Flemming; Kessler; Ogden; Orr; Rayburn; Shin and Wood.
Excused: Representatives Mastin and Mielke.
Referred to Committee on Appropriations.
February 25, 1994
SSB 6138 Prime Sponsor, Committee on Law & Justice: Changing obstructing a public servant to obstructing a law enforcement officer. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 9A.76.020 and 1975 1st ex.s. c 260 s 9A.76.020 are each amended to read as follows:
((Every person who, (1) without lawful excuse shall refuse or knowingly fail to make or furnish any statement, report, or information lawfully required of him by a public servant, or (2) in any such statement or report shall make any knowingly untrue statement to a public servant, or (3) shall knowingly hinder, delay, or obstruct any public servant in the discharge of his official powers or duties; shall be guilty of a misdemeanor.))
(1) A person is guilty of obstructing a law enforcement officer if the person:
(a) Willfully makes a false or misleading statement to a law enforcement officer who has detained the person during the course of a lawful investigation or lawful arrest; or
(b) Willfully hinders, delays, or obstructs any law enforcement officer in the discharge of his or her official powers or duties.
(2) "Law enforcement officer" means any general authority, limited authority, or specially commissioned Washington peace officer or federal peace officer as those terms are defined in RCW 10.93.020, and other public officers who are responsible for enforcement of fire, building, zoning, and life and safety codes.
(3) Obstructing a law enforcement officer is a gross misdemeanor."
Signed by Representatives Appelwick, Chair; Johanson, Vice Chair; Padden, Ranking Minority Member; Ballasiotes, Assistant Ranking Minority Member; Campbell; Chappell; Forner; J. Kohl; Long; Morris; H. Myers; Riley; Schmidt; Scott; Tate and Wineberry.
MINORITY recommendation: Do not pass. Signed by Representative Eide.
Passed to Committee on Rules for second reading.
February 24, 1994
SB 6146 Prime Sponsor, Skratek: Diversifying the economy by locating a film and video production facility within the state. Reported by Committee on Trade, Economic Development & Housing
MAJORITY recommendation: Do pass. Signed by Representatives Wineberry, Chair; Shin, Vice Chair; Schoesler, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Backlund; Campbell; Casada; Conway; Quall; Sheldon; Springer; Valle and Wood.
Excused: Representative Morris.
Referred to Committee on Appropriations.
February 25, 1994
ESSB 6155 Prime Sponsor, Committee on Education: Changing provisions relating to schools. Reported by Committee on Education
MAJORITY recommendation: Do pass with the following amendment:
On page 2, line 14, after "student" strike "shall" and insert "may"
On page 2, line 25, after "action." strike "However, if" and insert "If"
On page 2, line 27, after "transcript" strike "and" and insert ", but shall"
Signed by Representatives Dorn, Chair; Cothern, Vice Chair; Brough, Ranking Minority Member; B. Thomas, Assistant Ranking Minority Member; Brumsickle; Carlson; G. Cole; Eide; Hansen; Holm; Jones; Karahalios; J. Kohl; Patterson; Pruitt; Roland and L. Thomas.
Excused: Representatives G. Fisher and Stevens.
Passed to Committee on Rules for second reading.
February 24, 1994
E2SSB 6157 Prime Sponsor, Committee on Ways & Means: Addressing hunger in the state of Washington. Reported by Committee on State Government
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. Despite the efforts of many dedicated individuals, and the existence of several state, federal, and private antihunger programs, thousands of Washingtonians are still confronted with hunger as a part of their daily lives. Food banks, emergency food programs, school breakfast and lunch programs, charitable kitchens, and special programs for pregnant women, infants, and the elderly are all challenged to meet increased needs. Yet Washington is a leading agricultural state, and has access to ocean fisheries, and many human and technological resources that are underutilized.
The legislature finds that food policy in Washington state suffers inefficiencies and lack of connectivity, due to geographical dispersion of the resources needed to address hunger. Although the state agencies charged with various antihunger programs have improved their ability to work together, the existence of unmet service needs, particularly among women, infants, schoolchildren, and the elderly, justifies a new commitment to seeking ways in which to build capacity, improve cost-effectiveness, improve cross-referrals and co-siting among programs, and encourage active participation in food programs by food producers.
The legislature finds that the state has an interest in helping hungry persons obtain adequate nutrition. It is established science that well-nourished children perform better in school, and that appropriate nutrition plays a major role in health maintenance, especially for such populations as the elderly, enabling them to maintain independence and saving medical costs.
Significantly, proper prenatal nutrition prevents low birthweight in babies, and infant mental and physical well-being is directly tied to adequacy of diet. Given the strong medical connection between nutritional adequacy and well-being, the legislature finds that, as a component of the state's health care reform efforts, it is vital to improve the nutritional status of Washingtonians by all reasonable means.
Sec. 2. RCW 43.19.010 and 1993 c 472 s 19 are each amended to read as follows:
The department of general administration shall be organized into divisions, which shall include (1) the division of capitol buildings, (2) the division of purchasing, (3) the division of engineering and architecture, and (4) the division of motor vehicle transportation service.
The director of general administration shall have charge and general supervision of the department. He or she may appoint and deputize such clerical and other assistants as may be necessary for the general administration of the department. Within available resources, the director shall appoint the antihunger coordinator to administer the office of antihunger under section 3 of this act. The director of general administration shall receive a salary in an amount fixed by the governor.
NEW SECTION. Sec. 3. A new section is added to chapter 43.19 RCW to read as follows:
Within available resources, the office of antihunger is created in the department of general administration. The department, in addition to its current authority, shall establish and administer the office. The antihunger coordinator has the following powers and duties:
(1) Act as a network to contact and coordinate state hunger programs among public agencies that provide food, food stamps, food stamp nutrition education, meals, or distribution, including:
(a) The interagency food issues committee;
(b) Department of agriculture;
(c) Washington state national guard;
(d) Department of corrections;
(e) Department of health;
(f) Department of social and health services;
(g) Department of transportation and the transportation commission;
(h) Department of fish and wildlife;
(i) Department of community, trade, and economic development; and
(j) Office of the superintendent of public instruction.
(2) Provide technical support, including identification of transportation and distribution opportunities to state agencies and programs in their development of plans to contribute to hunger relief, and receive technical support from an advisory committee composed of the agencies set forth in this section and the voluntary participation of the Washington antihunger and nutrition coalition.
(3) Nothing in this section shall be construed to give the antihunger coordinator statutory authority over the activities of food banks, charitable kitchens, private food distributors, or private nonprofit emergency food providers.
(4) All agencies identified in this section shall cooperate with the antihunger coordinator to carry out the duties set forth in chapter . . ., Laws of 1994 (this act), and shall provide information and data consistent with available resources, as requested by the antihunger coordinator, including annual reporting, by November 1 of each year, concerning the status and progress of each agency's antihunger efforts.
NEW SECTION. Sec. 4. A new section is added to chapter 69.80 RCW to read as follows:
(1) This section may be cited as the "Good Samaritan Food Donation Act."
(2) As used in this section:
(a) "Apparently fit grocery product" means a grocery product that meets all quality and labeling standards imposed by federal, state, and local laws and regulations even though the product may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions.
(b) "Apparently wholesome food" means food that meets all quality and labeling standards imposed by federal, state, and local laws and regulations even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions.
(c) "Donate" means to give without requiring anything of monetary value from the recipient, except that the term shall include giving by a for-profit or nonprofit organization to another nonprofit organization, notwithstanding that the donor organization has charged a nominal fee to the donee organization, if the ultimate recipient or user is not required to give anything of monetary value.
(d) "Food" means a raw, cooked, processed, or prepared edible substance, ice, beverage, or ingredient used or intended for use in whole or in part for human consumption.
(e) "Gleaner" means a person who harvests for free distribution to the needy, or for donation to a nonprofit organization for ultimate distribution to the needy, an agricultural crop that has been donated by the owner.
(f) "Grocery product" means a nonfood grocery product, including a disposable paper or plastic product, household cleaning product, laundry detergent, cleaning product, or miscellaneous household item.
(g) "Gross negligence" means voluntary and conscious conduct by a person with knowledge, at the time of the conduct, that the conduct is likely to be harmful to the health or well-being of another person.
(h) "Intentional misconduct" means conduct by a person with knowledge, at the time of the conduct, that the conduct is harmful to the health or well-being of another person.
(i) "Nonprofit organization" means an incorporated or unincorporated entity that:
(i) Is operating for religious, charitable, or educational purposes; and
(ii) Does not provide net earnings to, or operate in any other manner that inures to the benefit of, any officer, employee, or shareholder of the entity.
(j) "Person" means an individual, corporation, partnership, organization, association, trust, or governmental entity, including a retail grocer, wholesaler, hotel, motel, manufacturer, processor, restaurant, caterer, farmer, and nonprofit food distributor or hospital. In the case of a corporation, partnership, organization, association, trust, or governmental entity, the term includes an officer, director, partner, deacon, trustee, councilmember, or other elected or appointed individual responsible for the governance of the entity.
(3) A person or gleaner is not subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the person or gleaner donates to a nonprofit organization for ultimate distribution to needy individuals, except that this subsection does not apply to an injury to or death of an ultimate user or recipient of the food or grocery product that results from an act or omission of the donor constituting gross negligence or intentional misconduct.
(4) A person who allows the collection or gleaning of donations on property owned or occupied by the person by gleaners, or paid or unpaid representatives of a nonprofit organization, for ultimate distribution to needy individuals is not subject to civil or criminal liability that arises due to the injury or death of the gleaner or representative, except that this subsection does not apply to an injury or death that results from an act or omission of the person constituting gross negligence or intentional misconduct.
(5) If some or all of the donated food and grocery products do not meet all quality and labeling standards imposed by federal, state, and local laws and regulations, the person or gleaner who donates the food and grocery products is not subject to civil or criminal liability in accordance with this section if the nonprofit organization that receives the donated food or grocery products:
(a) Is informed by the donor of the distressed or defective condition of the donated food or grocery products;
(b) Agrees to recondition the donated food or grocery products to comply with all the quality and labeling standards prior to distribution; and
(c) Is knowledgeable of the standards to properly recondition the donated food or grocery product.
(6) This section may not be construed to create liability.
NEW SECTION. Sec. 5. The following acts or parts of acts are each repealed:
(1) RCW 69.80.020 and 1983 c 241 s 2;
(2) RCW 69.80.030 and 1983 c 241 s 3; and
(3) RCW 69.80.040 and 1983 c 241 s 4.
Sec. 6. RCW 69.80.900 and 1983 c 241 s 5 are each amended to read as follows:
Nothing in this chapter may be construed to create any liability of, or penalty against a donor or distributing organization except as provided in ((RCW 69.80.030)) section 4 of this act.
NEW SECTION. Sec. 7. A new section is added to Title 15 RCW to read as follows:
(1) Agricultural commodity commissions established by statute or rule that deal with food product are encouraged to facilitate and promote the voluntary donation and gleaning of surplus commodities and nonmarketable product, when available and in the manner to be determined by each commission, by dealers, producers, growers, processors, warehousers, and others involved with each respective commission.
(2) The commodities commissions shall, to the extent possible and consistent with available resources, report to the department of agriculture all donations given by the entities set forth in this section, in annual reports due October 15th, covering October 1st through September 30th.
Sec. 8. RCW 38.12.020 and 1989 c 19 s 12 are each amended to read as follows:
The adjutant general shall:
(1) Keep rosters of all active, reserve, and retired officers of the militia, and all other records, and papers required to be kept and filed therein, and shall submit to the governor such reports of the operations and conditions of the organized militia as the governor may require.
(2) Cause the military law, and such other military publications as may be necessary for the military service, to be prepared and distributed at the expense of the state, to the departments and units of the organized militia.
(3) Keep just and true accounts of all moneys received and disbursed by him or her.
(4) Attest all commissions issued to military officers of this state.
(5) Make out and transmit all militia reports, returns, and communications prescribed by acts of congress or by direction of the department of defense and the national guard bureau.
(6) Have a seal, and all copies, orders, records, and papers in his or her office, duly certified and authenticated under the seal, shall be evidence in all cases in like manner as if the originals were produced. The seal now used in the office of the adjutant general shall be the seal of his or her office and shall be delivered by him or her to the successor. All orders issued from his or her office shall be authenticated with the seal.
(7) Make such regulations pertaining to the preparation of reports and returns and to the use, maintenance, care, and preservation of property in possession of the state for military purposes, whether belonging to the state or to the United States, as in his or her opinion the conditions demand.
(8) Attend to the care, preservation, safekeeping, and repairing of the arms, ordinance, accoutrements, equipment, and all other military property belonging to the state, or issued to the state by the United States for military purposes, and keep accurate accounts thereof. Any property of the state military department which, after proper inspection, is found unsuitable or no longer needed for use of the state military forces, shall be disposed of in such manner as the governor shall direct and the proceeds thereof used for replacements in kind or by other needed authorized military supplies, and the adjutant general may execute the necessary instruments of conveyance to effect such sale or disposal.
(9) Issue the military property as the necessity of service requires and make purchases for that purpose. No military property shall be issued or loaned to persons or organizations other than those belonging to the militia, except as permitted by applicable state or federal law.
(10) Keep on file in his or her office the reports and returns of military units, and all other writings and papers required to be transmitted to and preserved at the general headquarters of the state militia.
(11) Keep all records of volunteers commissioned or enlisted for all wars or insurrections, and of individual claims of citizens for service rendered in these wars or insurrections, and he or she shall also be the custodian of all records, relics, trophies, colors, and histories relating to such wars now in possession of, or which may be acquired by the state.
(12) Establish and maintain as part of his or her office a bureau of records of the services of the organized militia of the state, and upon request furnish a copy thereof or extract therefrom, attested under seal of his or her office, and such attested copy shall be prima facie proof of service, birthplace, and citizenship.
(13) Keep a record of all real property owned or used by the state for military purposes, and in connection therewith he or she shall have sole power to execute all leases to acquire the use of real property by the state for military purposes, or lease it to other agencies for use for authorized activities. The adjutant general shall also have full power to execute and grant easements for rights of way for construction, operation, and maintenance of utility service, water, sewage, and drainage for such realty.
(14) Provide assistance to the antihunger coordinator under section 3 of this act, to include personnel and equipment for state-wide distribution of food and grocery products to nonprofit food programs. Assistance provided will be consistent with available resources and prescribed federal training requirements.
This section shall constitute statutory authority for the Washington national guard antihunger program.
NEW SECTION. Sec. 9. A new section is added to chapter 72.09 RCW to read as follows:
The department of corrections shall provide inmate labor, at no cost to food donors or charitable institutions, where feasible and consistent with available resources, in accordance with the inmate work program standards under RCW 72.09.100, to assist in the voluntary gleaning and distribution of food and grocery products for charitable purposes under section 3 of this act. The department may request training or information on appropriate gleaning methods from the Washington state university cooperative extension service and shall supply only adequately trained inmates for gleaning activities. The secretary of the department of corrections shall adopt rules to implement this section.
NEW SECTION. Sec. 10. A new section is added to chapter 81.04 RCW to read as follows:
The commission, in cooperation with the department of health and the antihunger coordinator under section 3 of this act, shall identify statutory and regulatory barriers to backhauling by transporters of donated food and grocery products. The commission shall adopt rules necessary to facilitate the backhauling of donated food products and shall report to the antihunger coordinator on other barriers, such as lack of waiver of published rates, that impede the efficient utilization of volunteer truck transport of food and grocery products.
Sec. 11. RCW 28A.235.140 and 1993 c 333 s 1 are each amended to read as follows:
(1) For the purposes of this section:
(a) "Free or reduced-price lunches" means lunches served by a school district that qualify for federal reimbursement as free or reduced-price lunches under the national school lunch program.
(b) "School breakfast program" means a program meeting federal requirements defined in 42 U.S.C. Sec. 1773.
(c) "Severe-need school" means a school that qualifies for a severe-need school reimbursement rate from federal funds for school breakfasts served to children from low-income families.
(2) School districts shall be required to develop and implement plans for a school breakfast program in severe-need schools((, pursuant to the schedule in this section. For the second year prior to the implementation of the district's school breakfast program, and for each subsequent school year, each school district shall submit data enabling the superintendent of public instruction to determine which schools within the district will qualify as severe-need schools)). In developing its plan, each school district shall consult with an advisory committee including school staff and community members appointed by the board of directors of the district. School districts shall provide a breakfast program in any school as long as the school qualifies as a severe-need school or there is data available to confirm and substantiate the severe-needs status of the school.
(3) ((Using district-wide data on school lunch participation during the 1988-89 school year, the superintendent of public instruction shall adopt a schedule for implementation of school breakfast programs in severe-need schools as follows:
(a) School districts where at least forty percent of lunches served to students are free or reduced-price lunches shall submit a plan for implementation of a school breakfast program in severe-need schools to the superintendent of public instruction no later than July 1, 1990. Each such district shall implement a school breakfast program in all severe-need schools no later than the second day of school in the 1990-91 school year and in each school year thereafter.
(b) School districts where at least twenty-five but less than forty percent of lunches served to students are free or reduced-price lunches shall submit a plan for implementation of a school breakfast program in severe-need schools to the superintendent of public instruction no later than July 1, 1991.)) Each such district shall implement a school breakfast program in all severe-need schools no later than the second day of school in the 1991-92 school year and in each school year thereafter.
(((c) School districts where less than twenty-five percent of lunches served to students are free or reduced-price lunches shall submit a plan for implementation of a school breakfast program in severe-need schools to the superintendent of public instruction no later than July 1, 1992. Each such district shall implement a school breakfast program in all severe-need schools no later than the second day of school in the 1992-93 school year and in each school year thereafter.
(d) School districts that did not offer a school lunch program in the 1988-89 school year are encouraged to implement such a program and to provide a school breakfast program in all severe-need schools when eligible.))
(4) The requirements in this section shall lapse if the federal reimbursement rate for breakfasts served in severe-need schools is eliminated.
(5) Students who do not meet family-income criteria for free breakfasts shall be eligible to participate in the school breakfast programs established under this section, and school districts may charge for the breakfasts served to these students except as provided in section 14 of this act. Requirements that school districts have school breakfast programs under this section shall not create or imply any state funding obligation for these costs. The legislature does not intend to include these programs within the state's obligation for basic education funding under Article IX of the Constitution.
(6) School districts that as of the effective date of this act do not have a school lunch program shall develop a plan for a school lunch program and establish a feasible timeline for instituting the program.
Sec. 12. RCW 28A.235.150 and 1993 c 333 s 3 are each amended to read as follows:
(1) To the extent funds are appropriated, the superintendent of public instruction may award grants to school districts to increase participation in school breakfast and lunch programs, to improve program quality, and to improve the equipment and facilities used in the programs. School districts shall demonstrate that they have applied for applicable federal funds before applying for funds under this subsection.
(2) To the extent funds are appropriated, the superintendent of public instruction shall increase the state support for school breakfasts and lunches. Funds appropriated under this subsection are intended to increase participation by eligible students in school food programs, and shall be used solely to enhance school breakfast and lunch programs.
Sec. 13. RCW 28A.235.155 and 1993 c 333 s 4 are each amended to read as follows:
(1) The superintendent of public instruction shall administer funds for the federal summer food service program.
(2) The superintendent of public instruction may award grants, to the extent funds are appropriated, to eligible organizations to help start new summer food service programs for children or to help expand summer food services for children.
(3) The superintendent of public instruction shall apply for all available federal funds for summer food service program outreach.
NEW SECTION. Sec. 14. A new section is added to chapter 28A.235 RCW to read as follows:
School districts are encouraged to take advantage of the opportunity to serve all enrolled students in designated high-needs schools under special assistance known as Provision 2, 7 C.F.R. 245(b). The superintendent of public instruction shall ensure that information on Provision 2 is provided to all school districts with schools where more than seventy-five percent of students qualify for free or reduced-price school meals by the end of 1994.
NEW SECTION. Sec. 15. A new section is added to chapter 28A.235 RCW to read as follows:
Within six months of the effective date of this act, and every two years thereafter, school districts with breakfast or lunch programs shall assess whether the programs allow the students sufficient and realistic time to be served and to eat. If the assessment shows that there is insufficient time for personal hygiene, serving, and consumption of school meals, the school shall allow more time by any feasible means, including the use of adult volunteer help, additional cafeteria shifts, or more staffing. Failure to properly assess such programs and correct problems identified by assessment, or to promptly investigate and take appropriate action on complaints regarding compliance with this section shall be remedied by the superintendent of public instruction.
NEW SECTION. Sec. 16. A new section is added to chapter 28A.235 RCW to read as follows:
School districts shall ensure that food sold on school grounds is consistent with the dietary guidelines for Americans as provided in the edition of "Nutrition & Your Health: Dietary Guidelines for Americans," by the United States departments of agriculture and health and human services in print on the effective date of this act, or a later edition as adopted by reference by the superintendent by rule.
NEW SECTION. Sec. 17. A new section is added to chapter 43.70 RCW to read as follows:
(1) The legislature intends to increase the number of persons being served by the women, infant, and children (WIC) program, using state funding to maximize federal fund availability. The WIC program is a federally funded program established in 1972 by an amendment to the child nutrition act of 1966. The purpose of the program is to serve as an adjunct to health care by providing nutritious food; nutrition education and counseling; health screening; and referral services to pregnant and breast-feeding women, infants, and children in certain high-risk categories. The WIC program in the state of Washington is administered by the office of WIC services in the department of health. (2) The department of health shall establish a capacity building task force to seek ways to reach more of the WIC target populations. The department of health shall consider cost-containment options, such as sole-source contracting and multistate buying agreements, for cereals and other foods, and shall implement the options if the options appear cost-effective.
NEW SECTION. Sec. 18. The department of social and health services shall form a task force to discuss initiation of a future pilot project using electronic benefit transfer technology for the food stamp program composed of the following members appointed jointly by the chair of the senate government operations committee and the house of representatives state government committee:
(1) Up to eight members representing the retail and grocery industries. These representatives shall be selected from nominations submitted by state-wide business organizations representing these industries; and
(2) Up to four members representing the financial services industry. These representatives shall be selected from nominations submitted by state-wide organizations representing this industry. The task force shall research the status of federal implementation efforts, as well as the effectiveness of pilot programs in other states, and the costs and benefits of this program to affected businesses. The department shall report to the appropriate standing committees of the legislature on the task force's findings by December 1, 1995.
Private industry members of the task force shall serve voluntarily, without compensation or reimbursement of expense.
NEW SECTION. Sec. 19. A new section is added to chapter 74.04 RCW to read as follows:
The department shall, with the assistance of the antihunger coordinator, develop an outcome measurement to show increased service to individuals in the department's nutrition program for the elderly. The purpose of the outcome measurement shall be to improve accountability and effectiveness and to motivate outreach programs to the elderly, by measuring program success in empirical evidence of increased numbers of persons served.
NEW SECTION. Sec. 20. The antihunger coordinator shall report to the legislature by December 1, 1995, on the effectiveness of chapter . . ., Laws of 1994 (this act).
NEW SECTION. Sec. 21. If specific funding for the purposes of sections 2 and 3 of this act, referencing sections 2 and 3 of this act by bill number and section number, is not provided by June 30, 1994, in the omnibus appropriations act, sections 2 and 3 of this act are null and void.
NEW SECTION. Sec. 22. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 23. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state.
NEW SECTION. Sec. 24. 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 shall take effect immediately."
Signed by Representatives Anderson, Chair; Veloria, Vice Chair; Reams, Ranking Minority Member; L. Thomas, Assistant Ranking Minority Member; Campbell; Conway; Dyer; King and Pruitt.
Referred to Committee on Appropriations.
February 24, 1994
SSB 6163 Prime Sponsor, Committee on Ways & Means: Allowing businesses in this state to continue participating in the small business innovation research program. Reported by Committee on Trade, Economic Development & Housing
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.163.010 and 1989 c 279 s 2 are each amended to read as follows:
As used in this chapter, the following words and terms have the following meanings, unless the context requires otherwise:
(1) "Authority" means the Washington economic development finance authority created under RCW 43.163.020 or any board, body, commission, department or officer succeeding to the principal functions of the authority or to whom the powers conferred upon the authority shall be given by law;
(2) "Bonds" means any bonds, notes, debentures, interim certificates, conditional sales or lease financing agreements, lines of credit, forward purchase agreements, investment agreements, and other banking or financial arrangements, guaranties, or other obligations issued by or entered into by the authority. Such bonds may be issued on either a tax-exempt or taxable basis;
(3) "Borrower" means one or more public or private persons or entities acting as lessee, purchaser, mortgagor, or borrower who has obtained or is seeking to obtain financing either from the authority or from an eligible banking organization that has obtained or is seeking to obtain funds from the authority to finance a project. A borrower may include a party who transfers the right of use and occupancy to another party by lease, sublease or otherwise, or a party who is seeking or has obtained a financial guaranty from the authority;
(4) "Eligible banking organization" means any organization subject to regulation by the ((state supervisor of banking or the state supervisor of savings and loans)) director of financial institutions, any national bank, federal savings and loan association, and federal credit union located within this state;
(5) "Eligible export transaction" means any preexport or export activity by a person or entity located in the state of Washington involving a sale for export and product sale which, in the judgment of the authority: (a) Will create or maintain employment in the state of Washington, (b) will obtain a material percent of its value from manufactured goods or services made, processed or occurring in Washington, and (c) could not otherwise obtain financing on reasonable terms from an eligible banking organization;
(6) "Eligible farmer" means any person who is a resident of the state of Washington and whose specific acreage qualifying for receipts from the federal department of agriculture under its conservation reserve program is within the state of Washington;
(7) "Financing document" means an instrument executed by the authority and one or more persons or entities pertaining to the issuance of or security for bonds, or the application of the proceeds of bonds or other funds of, or payable to, the authority. A financing document may include, but need not be limited to, a lease, installment sale agreement, conditional sale agreement, mortgage, loan agreement, trust agreement or indenture, security agreement, letter or line of credit, reimbursement agreement, insurance policy, guaranty agreement, or currency or interest rate swap agreement. A financing document also may be an agreement between the authority and an eligible banking organization which has agreed to make a loan to a borrower;
(8) "Plan" means the general plan of economic development finance objectives developed and adopted by the authority, and updated from time to time, as required under RCW 43.163.090;
(9) "Small business" means a corporation, partnership, sole proprietorship, or individual operating a business for profit, with two hundred fifty employees or fewer, including employees employed in a subsidiary or affiliated corporation that otherwise meets the requirements of the federal small business innovation research program;
(10) "Small business innovation research program" means the program, enacted under the small business innovation development act of 1982, P.L. 97-219, that provided funds to small businesses to conduct innovative research having commercial application.
NEW SECTION. Sec. 2. A new section is added to chapter 43.163 RCW to read as follows:
(1) The authority is authorized to develop and conduct a program or programs to assist small businesses participating in the federal small business innovation research program in continuing innovative research that has potential commercial application. Assistance under this section shall be limited to those small businesses whose technology shows the greatest potential to lead to commercialization or fabrication within the state or to improved products or processes, and which demonstrates need.
(2) To receive assistance under this section, the small business must meet the following requirements:
(a) The small business's principal place of business shall be located in this state;
(b) The small business certifies that the research to be conducted shall be located in this state;
(c) The small business has completed its small business innovation research program phase I research;
(d) The small business's final phase I report with respect thereto has been accepted by the federal agency involved;
(e) The small business's phase II research proposal has been properly submitted to the federal agency involved; and
(f) The small business has submitted copies of its final phase I report and phase II proposal to the federal agency.
(3) Assistance under this section shall be no greater than twenty-five thousand dollars.
(4) Consistent with federal small business innovation research program procedures, proprietary information submitted to the authority under this section shall not be subject to disclosure under the public disclosure act.
(5) The authority may condition assistance under this section upon receipt of a share of any license, patent, copyright, or royalty that results from the research or programs under this section."
Signed by Representatives Wineberry, Chair; Shin, Vice Chair; Schoesler, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Backlund; Campbell; Casada; Conway; Quall; Sheldon; Springer; Valle and Wood.
Excused: Representative Morris.
Referred to Committee on Capitol Budget.
February 25, 1994
SB 6185 Prime Sponsor, A. Smith: Requiring license revocation for a person under twenty-one years of age who drives while having any alcohol in his or her system. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass. Signed by Representatives Appelwick, Chair; Johanson, Vice Chair; Padden, Ranking Minority Member; Ballasiotes, Assistant Ranking Minority Member; Campbell; Chappell; Forner; J. Kohl; Long; Morris; Riley; Schmidt; Scott; Tate and Wineberry.
MINORITY recommendation: Do not pass. Signed by Representatives Eide and H. Myers.
Passed to Committee on Rules for second reading.
February 25, 1994
SB 6203 Prime Sponsor, Snyder: Changing limits on rural partial-county library districts. Reported by Committee on Local Government
MAJORITY recommendation: Do pass. Signed by Representatives H. Myers, Chair; Springer, Vice Chair; Edmondson, Ranking Minority Member; Reams, Assistant Ranking Minority Member; Dunshee; R. Fisher; Horn; Moak; Rayburn; Van Luven and Zellinsky.
Passed to Committee on Rules for second reading.
February 25, 1994
SSB 6204 Prime Sponsor, Committee on Natural Resources: Changing seaweed harvesting provisions. Reported by Committee on Fisheries & Wildlife
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 79.01.805 and 1993 c 283 s 3 are each amended to read as follows:
(1) The maximum daily wet weight harvest or possession of seaweed for personal use from all ((private and public tidelands and state bedlands)) aquatic lands as defined under RCW 79.90.010 and all privately owned tidelands is ten pounds per person. The department of natural resources in cooperation with the department of ((fisheries)) fish and wildlife may establish seaweed harvest limits of less than ten pounds for conservation purposes. This section shall in no way affect the ability of any state agency to prevent harvest of any species of marine aquatic plant from lands under its control, ownership, or management.
(2) Except as provided under subsection (3) of this section, commercial harvesting of seaweed from aquatic lands as defined under RCW 79.90.010, and all privately owned tidelands is prohibited.
(3) Upon mutual approval by the department and the department of fish and wildlife, seaweed species of the genus Macrocystis may be commercially harvested for use in the herring spawn-on-kelp fishery.
Sec. 2. RCW 79.01.810 and 1993 c 283 s 4 are each amended to read as follows:
((A violation of RCW 79.01.805 is an infraction under chapter 7.84 RCW, punishable by a penalty of one hundred dollars.))
It is unlawful to exceed the harvest and possession restrictions imposed under RCW 79.01.805. A violation of this section is a misdemeanor punishable in accordance with RCW 9.92.030, and a violation taking place on aquatic lands is subject to the provisions of RCW 79.01.760. A person committing a violation of this section on private tidelands which he or she owns is liable to the state for treble the amount of damages to the seaweed resource, and a person trespassing on private tidelands and committing a violation of this section is liable to the private tideland owner for treble the amount of damages to the seaweed resource. Damages recoverable include, but are not limited to, damages for the market value of the seaweed, for injury to the aquatic ecosystem, and for the costs of restoration. In addition, the person is liable for reimbursing the injured party for the party's reasonable costs, including but not limited to investigative costs and reasonable attorneys' fees and other litigation-related costs.
Sec. 3. RCW 79.01.815 and 1993 c 283 s 5 are each amended to read as follows:
The department of ((fisheries)) fish and wildlife and law enforcement authorities may enforce the provisions of RCW 79.01.805 and 79.01.810.
NEW SECTION. Sec. 4. RCW 79.01.820 and 1993 c 283 s 6 are each repealed.
NEW SECTION. Sec. 5. RCW 79.96.907 is decodified.
NEW SECTION. Sec. 6. This act shall take effect July 1, 1994."
Signed by Representatives King, Chair; Orr, Vice Chair; Basich; Chappell; Foreman; Quall and Scott.
MINORITY recommendation: Do not pass. Signed by Representatives Fuhrman, Ranking Minority Member; and Sehlin, Assistant Ranking Minority Member.
Passed to Committee on Rules for second reading.
February 25, 1994
2SSB 6206 Prime Sponsor, Committee on Ways & Means: Creating the warm water game fish enhancement program. Reported by Committee on Fisheries & Wildlife
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A warm water game fish enhancement program is created in the department to be funded from the sale of a warm water game fish surcharge and the revenue attributed to the sale of department fishing licenses that are purchased by fishers who fish for certain warm water game fish species. The enhancement program shall be designed to increase the opportunities to fish for and catch warm water game fish including: Largemouth black bass, smallmouth black bass, channel catfish, black crappie, white crappie, walleye, and tiger musky, and other species as defined by the department. The program shall be designed to use a practical applied approach to increasing warm water fishing. The department shall use the funds available efficiently to assure the greatest increase in the fishing for warm water fish at the lowest cost. This approach shall involve the minimization of overhead and administrative costs and the maximization of productive in-the-field activities.
NEW SECTION. Sec. 2. In order to fish throughout the state for warm water game fish, a person fifteen years of age or older shall pay to the department an annual warm water game fish surcharge. For the purposes of this section, "warm water game fish" means largemouth black bass, smallmouth black bass, walleye, black crappie, white crappie, channel catfish, and tiger musky. The department shall use the most cost-effective format in designing and administering the surcharge. Revenues from the surcharge shall be deposited in the warm water game fish account created under section 4 of this act. The annual surcharge shall be in the following amounts:
(1) For residents and nonresidents between fifteen and sixty-nine years of age and for nonresidents seventy years of age or older who hold an annual fishing license issued under RCW 77.32.101, five dollars;
(2) For residents seventy years of age or older who hold an annual fishing license issued under RCW 77.32.101, one dollar; and
(3) For residents and nonresidents between fifteen and sixty-nine years of age and nonresidents seventy years of age and older who hold a temporary fishing license under RCW 77.32.161, two dollars.
NEW SECTION. Sec. 3. The goals of the warm water game fish enhancement program are to improve the fishing for warm water game fish using cost-effective management. Development of new ponds and lakes shall be an important and integral part of the program. The department shall work with the department of natural resources to coordinate the reclamation of surface mines and the development of warm water game fish ponds. Improvement of warm water fishing shall be coordinated with the protection and conservation of cold water fish populations. This shall be accomplished by carefully designing the warm water projects to have minimal adverse effects upon the cold water fish populations. New pond and lake development should have beneficial effects upon wildlife due to the increase in lacustrine and wetland habitat that will accompany the improvement of warm water fish habitat. The department shall not develop projects that will increase the populations of undesirable or deleterious fish species such as carp, squawfish, walking catfish, and others.
Fish culture programs shall be used in conditions where they will prove to be cost-effective. Consideration should be made for development of urban area enhancement of fishing opportunity for put-and-take species, such as channel catfish, which are amenable to production by low-cost fish culture methods. Fish culture shall also be used for stocking of high value species, such as walleye, smallmouth bass, and tiger musky. Introduction of special genetic strains that show high potential for recreational fishing improvement, including Florida strain largemouth bass, shall be considered.
Transplantation and introduction of exotic warm water fish shall be carefully reviewed to assure that adverse effects to native fish and wildlife populations do not occur. This review shall include an analysis of consequences from disease and parasite introduction.
Population management through the use of fish toxicants, including rotenone or derris root, shall be considered as a management option in the warm water game fish enhancement program. However, any use of fish toxicants shall be subject to a thorough review to prevent adverse effects to cold water fish, desirable warm water fish, and other biota. Eradication of deleterious fish species shall be a goal of the program.
Habitat improvement shall be a major aspect of the warm water enhancement program. Habitat improvement opportunities shall be defined with scientific investigations, field surveys, and by using the extensive experience of other state management entities. Installation of cover, structure, water flow control structures, screens, spawning substrate, vegetation control, and other management techniques shall be fully used. The department shall work to gain access to privately owned waters that can be developed with habitat improvements to improve the warm water resource for public fishing. Habitat improvements shall be conducted in such a manner as to have secondary benefits to waterfowl, other wildlife, and cold water fish.
The program may include research if necessary to achieve overall program goals.
The department shall use the resources of cooperative groups to assist in the planning and implementation of the warm water game fish enhancement program. In the development of the program the department shall actively involve the organized fishing clubs that primarily fish for warm water fish.
NEW SECTION. Sec. 4. The warm water game fish account is hereby created in the state wildlife fund. Moneys in the account are subject to legislative appropriation and shall be used for the purpose of funding the warm water game fish enhancement program under section 3 of this act. Revenues from the warm water game fish surcharge established under section 2 of this act shall be deposited into the account.
NEW SECTION. Sec. 5. The director shall make every effort to allocate funding among department fish management programs proportional to the revenues from the sale of fishing licenses issued under RCW 77.32.101 and attributable to fishing for the species managed within each of the programs.
NEW SECTION. Sec. 6. Sections 1 through 5 of this act shall constitute a new chapter in Title 77 RCW.
NEW SECTION. Sec. 7. (1) Sections 1, 3, 4, and 5 of this act shall take effect July 1, 1994.
(2) Section 2 of this act shall take effect January 1, 1995."
Signed by Representatives King, Chair; Sehlin, Assistant Ranking Minority Member; Basich; Chappell; Foreman; Quall and Scott.
MINORITY recommendation: Do not pass. Signed by Representatives Orr, Vice Chair; and Fuhrman, Ranking Minority Member.
Referred to Committee on Revenue.
February 24, 1994
SSB 6213 Prime Sponsor, Committee on Labor & Commerce: Modifying limitations of housing-related capital bond proceeds. Reported by Committee on Capital Budget
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.185.050 and 1991 c 356 s 4 are each amended to read as follows:
(1) The department shall use moneys from the housing trust fund and other legislative appropriations to finance in whole or in part any loans or grant projects that will provide housing for persons and families with special housing needs and with incomes at or below fifty percent of the median family income for the county or standard metropolitan statistical area where the project is located. At least thirty percent of these moneys used in any given funding cycle shall be for the benefit of projects located in rural areas of the state as defined by the department ((of community development)). If the department determines that it has not received an adequate number of suitable applications for rural projects during any given funding cycle, the department may allocate unused moneys for projects in nonrural areas of the state.
(2) Activities eligible for assistance from the housing trust fund and other legislative appropriations include, but are not limited to:
(a) New construction, rehabilitation, or acquisition of low and very low-income housing units;
(b) Rent subsidies;
(c) Matching funds for social services directly related to providing housing for special-need tenants in assisted projects;
(d) Technical assistance, design and finance services and consultation, and administrative costs for eligible nonprofit community or neighborhood-based organizations;
(e) Administrative costs for housing assistance groups or organizations when such grant or loan will substantially increase the recipient's access to housing funds other than those available under this chapter;
(f) Shelters and related services for the homeless;
(g) Mortgage subsidies, including temporary rental and mortgage payment subsidies to prevent homelessness;
(h) Mortgage insurance guarantee or payments for eligible projects;
(i) Down payment or closing cost assistance for eligible first-time home buyers;
(j) Acquisition of housing units for the purpose of preservation as low-income or very low-income housing; and
(k) Projects making housing more accessible to families with members who have disabilities.
(3) Legislative appropriations from capital bond proceeds ((and moneys from repayment of loans from appropriations from capital bond proceeds)) may be used only for the costs of projects authorized under subsection (2) (a), (i), and (j) of this section, and not for the administrative costs of the department.
(4) Moneys from repayment of loans from appropriations from capital bond proceeds may be used for all activities necessary for the proper functioning of the housing assistance program.
Sec. 2. RCW 43.185.060 and 1991 c 295 s 1 are each amended to read as follows:
Organizations that may receive assistance from the department under this chapter are local governments, local housing authorities, regional support networks established under chapter 71.24 RCW, nonprofit community or neighborhood-based organizations, federally recognized Indian tribes in the state of Washington, and regional or state-wide nonprofit housing assistance organizations.
Sec. 3. RCW 43.185A.030 and 1991 c 356 s 12 are each amended to read as follows:
(1) Using moneys specifically appropriated for such purpose, the department shall finance in whole or in part projects that will provide housing for low-income households.
(2) Activities eligible for assistance include, but are not limited to:
(a) New construction, rehabilitation, or acquisition of housing for low-income households;
(b) Rent subsidies in new construction or rehabilitated multifamily units;
(c) Down payment or closing costs assistance for first-time home buyers;
(d) Mortgage subsidies for new construction or rehabilitation of eligible multifamily units; and
(e) Mortgage insurance guarantee or payments for eligible projects.
(3) Legislative appropriations from capital bond proceeds ((and moneys from repayment of loans from appropriations from capital bond proceeds)) may be used only for the costs of projects authorized under subsection (2)(a), (c), (d), and (e) of this section, and not for the administrative costs of the department.
(4) Moneys from repayment of loans from appropriations from capital bond proceeds may be used for all activities necessary for the proper functioning of the affordable housing program.
Sec. 4. RCW 43.185A.040 and 1991 c 356 s 13 are each amended to read as follows:
Organizations that may receive assistance from the department under this chapter are local governments, local housing authorities, nonprofit community or neighborhood-based organizations, federally recognized Indian tribes in the state of Washington, and regional or state-wide nonprofit housing assistance organizations."
Signed by Representatives Wang, Chair; Ogden, Vice Chair; Sehlin, Ranking Minority Member; R. Fisher; Jacobsen; Jones; Moak; Romero and Sommers.
MINORITY recommendation: Do not pass. Signed by Representatives McMorris, Assistant Ranking Minority Member; Brough; Heavey; Silver and B. Thomas.
Excused: Representative Eide.
Passed to Committee on Rules for second reading.
February 24, 1994
SSB 6218 Prime Sponsor, Committee on Trade, Technology & Economic Development: Establishing a self-employment assistance program for low-income individuals. Reported by Committee on Trade, Economic Development & Housing
MAJORITY recommendation: Do pass. Signed by Representatives Wineberry, Chair; Shin, Vice Chair; Schoesler, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Backlund; Campbell; Casada; Conway; Quall; Sheldon; Springer; Valle and Wood.
Excused: Representative Morris.
Referred to Committee on Appropriations.
February 24, 1994
SB 6220 Prime Sponsor, Cantu: Creating the quality award council. Reported by Committee on Trade, Economic Development & Housing
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 43.330 RCW to read as follows:
The Washington quality award council shall be organized as a part of the private, nonprofit corporation quality for Washington state foundation, with the assistance of the department, in accordance with chapter 24.03 RCW and this section.
(1) The council shall oversee the governor's Washington state quality achievement award program. The purpose of the program is to improve the overall competitiveness of the state's economy by stimulating Washington state industries, business, and organizations to bring about measurable success through setting standards of organizational excellence, encouraging organizational self-assessment, identifying successful organizations as role models, and providing a valuable mechanism for promoting and strengthening a commitment to continuous quality improvement in all sectors of the state's economy. The program shall annually recognize organizations that improve the quality of their products and services and are noteworthy examples of high-performing work organizations.
(2) The council shall consist of the governor and the director, as chair and vice-chair, respectively, and recognized professionals who shall have backgrounds in or experience with effective quality improvement techniques, employee involvement quality of work life initiatives, and development of innovative labor-management relations. The initial membership of the board beyond the chair and vice-chair shall be appointed by the governor from a list of nominees submitted by the quality for Washington state foundation. The list of nominees shall include representatives from the governor's small business improvement council, the Washington state efficiency commission, the Washington state productivity board, the Washington state service quality network, the association for quality and participation, the American society for quality control, business and labor associations, educational institutions, elected officials, and representatives from former recipients of international, national, or state quality awards.
(3) The council shall establish a board of examiners, a recognition committee, and such other subcouncil groups as it deems appropriate to carry out its responsibilities. Subcouncil groups established by the council may be composed of noncouncilmembers.
(4) The council shall receive its administrative support and operational expenses from the quality for Washington state foundation.
(5) The council shall, in conjunction with the quality for Washington state foundation, compile a list of resources available for organizations interested in productivity improvement, quality techniques, effective methods of work organization, and upgrading work force skills as a part of the quality for Washington state foundation's ongoing educational programs. The council shall make the list of resources available to the general public, including labor, business, nonprofit and public agencies, and the department.
(6) The council, in conjunction with the quality for Washington state foundation, may conduct such public information, research, education, and assistance programs as it deems appropriate to further quality improvement in organizations operating in the state of Washington.
(7) The council shall:
(a) Approve and announce achievement award recipients;
(b) Approve guidelines to examine applicant organizations;
(c) Approve appointment of judges and examiners;
(d) Arrange appropriate annual awards and recognition for recipients, in conjunction with the quality for Washington state foundation;
(e) Formulate recommendations for change in the nomination form or award categories, in cooperation with the quality for Washington state foundation; and
(f) Review related education, training, technology transfer, and research initiatives proposed by the quality for Washington state foundation.
(8) By January 1st of each even-numbered year, the council shall report to the governor and the legislature on its activities in the preceding two years and on any recommendations in state policies or programs that could encourage quality improvement and the development of high-performance work organizations.
NEW SECTION. Sec. 2. 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 shall take effect immediately."
Signed by Representatives Wineberry, Chair; Shin, Vice Chair; Schoesler, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Backlund; Campbell; Casada; Conway; Quall; Sheldon; Springer; Valle and Wood.
Excused: Representative Morris.
Passed to Committee on Rules for second reading.
February 25, 1994
SB 6221 Prime Sponsor, A. Smith: Authorizing genetic testing to determine parentage. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass. Signed by Representatives Appelwick, Chair; Johanson, Vice Chair; Padden, Ranking Minority Member; Ballasiotes, Assistant Ranking Minority Member; Campbell; Chappell; Eide; Forner; J. Kohl; Long; Morris; H. Myers; Riley; Schmidt; Scott; Tate and Wineberry.
Passed to Committee on Rules for second reading.
February 25, 1994
ESSB 6228 Prime Sponsor, Senator Haugen: Revising provisions relating to definitions of agricultural and forest land of long-term commercial significance. Reported by Committee on Natural Resources & Parks
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that it is in the public interest to identify and provide long-term conservation of those productive natural resource lands that are critical to and can be managed economically and practically for long-term commercial production of food, fiber, and minerals. Successful achievement of the natural resource industries' goal set forth in RCW 36.70A.020 requires the conservation of a land base sufficient in size and quality to maintain and enhance those industries and the development and use of land use techniques that discourage uses incompatible to the management of designated lands. The 1994 amendment to RCW 36.70A.030(8) (section 2(8) of this act) is intended to clarify legislative intent regarding the designation of forest lands and is not intended to require every county that has already complied with the interim forest land designation requirement of RCW 36.70A.170 to review its actions until the adoption of its comprehensive plans and development regulations as provided in RCW 36.70A.060(3).
Sec. 2. RCW 36.70A.030 and 1990 1st ex.s. c 17 s 3 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Adopt a comprehensive land use plan" means to enact a new comprehensive land use plan or to update an existing comprehensive land use plan.
(2) "Agricultural land" means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock, and that has long-term commercial significance for agricultural production.
(3) "City" means any city or town, including a code city.
(4) "Comprehensive land use plan," "comprehensive plan," or "plan" means a generalized coordinated land use policy statement of the governing body of a county or city that is adopted pursuant to this chapter.
(5) "Critical areas" include the following areas and ecosystems: (a) Wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas.
(6) "Department" means the department of community, trade, and economic development.
(7) "Development regulations" means any controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances.
(8) "Forest land" means land primarily ((useful for)) devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, including Christmas trees subject to the excise tax imposed under RCW 84.33.100 through 84.33.140, ((for commercial purposes,)) and that has long-term commercial significance ((for growing trees commercially)). In determining whether forest land is primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, the following factors shall be considered: (a) The proximity of the land to urban, suburban, and rural settlements; (b) surrounding parcel size and the compatibility and intensity of adjacent and nearby land uses; (c) long-term local economic conditions that affect the ability to manage for timber production; and (d) the availability of public facilities and services conducive to conversion of forest land to other uses.
(9) "Geologically hazardous areas" means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns.
(10) "Long-term commercial significance" includes the growing capacity, productivity, and soil composition of the land for long-term commercial production, in consideration with the land's proximity to population areas, and the possibility of more intense uses of the land.
(11) "Minerals" include gravel, sand, and valuable metallic substances.
(12) "Public facilities" include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools.
(13) "Public services" include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services.
(14) "Urban growth" refers to growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of such land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources. When allowed to spread over wide areas, urban growth typically requires urban governmental services. "Characterized by urban growth" refers to land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth.
(15) "Urban growth areas" means those areas designated by a county pursuant to RCW 36.70A.110.
(16) "Urban governmental services" include those governmental services historically and typically delivered by cities, and include storm and sanitary sewer systems, domestic water systems, street cleaning services, fire and police protection services, public transit services, and other public utilities associated with urban areas and normally not associated with nonurban areas.
(17) "Wetland" or "wetlands" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. However, wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands, if permitted by the county or city."
Signed by Representatives Pruitt, Chair; R. Johnson, Vice Chair; Stevens, Ranking Minority Member; McMorris, Assistant Ranking Minority Member; Linville; Schoesler; Sheldon; B. Thomas; and Valle.
MINORITY recommendation: Do not pass. Signed by Representatives Dunshee and Wolfe.
Passed to Committee on Rules for second reading.
February 25, 1994
SSB 6230 Prime Sponsor, Committee on Law & Justice: Changing charitable organizations and business licensing provisions. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 19.09.076 and 1993 c 471 s 4 are each amended to read as follows:
The application requirements of RCW 19.09.075 do not apply to the following:
(1) Any charitable organization raising less than ((five thousand dollars)) an amount as set by rule adopted by the secretary in any accounting year when all the activities of the organization, including all fund raising activities, are carried on by persons who are unpaid for their services and no part of the charitable organization's assets or income inures to the benefit of or is paid to any officer or member of the organization;
(2) Any charitable organization located outside of the state of Washington if the organization files the following with the secretary:
(a) The registration documents required under the charitable solicitation laws of the state in which the charitable organization is located;
(b) The registration required under the charitable solicitation laws of the state of California and the state of New York; and
(c) Such federal income tax forms as may be required by rule of the secretary.
All entities soliciting charitable donations shall comply with the requirements of RCW 19.09.100.
Sec. 2. RCW 19.09.100 and 1993 c 471 s 9 are each amended to read as follows:
The following conditions apply to solicitations as defined by RCW 19.09.020:
(1) A charitable organization, whether or not required to register pursuant to this chapter, that directly solicits contributions from the public in this state shall make the following clear and conspicuous disclosures at the point of solicitation:
(a) The name of the individual making the solicitation;
(b) The identity of the charitable organization and the city of the principal place of business of the charitable organization;
(c) If requested by the solicitee, the ((toll-free)) published number in the office of the secretary for the donor to obtain additional financial disclosure information on file with the secretary.
(2) A commercial fund raiser shall clearly and conspicuously disclose at the point of solicitation:
(a) The name of the individual making the solicitation;
(b) The name of the entity for which the fund raiser is an agent or employee and the name and city of the charitable organization for which the solicitation is being conducted; and
(c) If requested by the solicitee, the ((toll-free)) published number in the office of the secretary for the donor to obtain additional financial disclosure information on file with the secretary. The disclosure must be made during an oral solicitation of a contribution, and at the same time at which a written request for a contribution is made.
(3) A person or organization soliciting charitable contributions by telephone shall make the disclosures required under subsection (1) or (2) of this section in the course of the solicitation but prior to asking for a commitment for a contribution from the solicitee, and in writing to any solicitee that makes a pledge within five working days of making the pledge. If the person or organization sends any materials to the person or organization solicited before the receipt of any contribution, those materials shall include the disclosures required in subsection (1) or (2) of this section, whichever is applicable.
(4) In the case of a solicitation by advertisement or mass distribution, including posters, leaflets, automatic dialing machines, publication, and audio or video broadcasts, it shall be clearly and conspicuously disclosed in the body of the solicitation material that:
(a) The solicitation is conducted by a named commercial fund raiser, if it is;
(b) The notice of solicitation required by the charitable solicitation act is on file with the secretary's office; and
(c) The potential donor can obtain additional financial disclosure information at a ((toll-free)) published number in the office of the secretary.
(5) A container or vending machine displaying a solicitation must also display in a clear and conspicuous manner the name of the charitable organization for which funds are solicited, the name, ((residence)) business address, and telephone number of the individual and any commercial fund raiser responsible for collecting funds placed in the containers or vending machines, and the following statement: "This charity is currently registered with the secretary's office under the charitable solicitation act, registration number . . . ."
(6) A commercial fund raiser shall not represent that tickets to any fund raising event will be donated for use by another person unless all the following requirements are met:
(a) The commercial fund raiser prior to conducting a solicitation has written commitments from persons stating that they will accept donated tickets and specifying the number of tickets they will accept;
(b) The written commitments are kept on file by the commercial fund raiser for three years and are made available to the secretary, attorney general, or county prosecutor on demand;
(c) The contributions solicited for donated tickets may not be more than the amount representing the number of ticket commitments received from persons and kept on file under (a) of this subsection; and
(d) Not later than seven calendar days prior to the date of the event for which ticket donations are solicited, the commercial fund raiser shall give all donated tickets to the persons who made the written commitments to accept them.
(7) Each person or organization soliciting charitable contributions shall not represent orally or in writing that:
(a) The charitable contribution is tax deductible unless the charitable organization for which charitable contributions are being solicited or to which tickets for fund raising events or other services or goods will be donated, has applied for and received from the internal revenue service a letter of determination granting tax deductible status to the charitable organization;
(b) The person soliciting the charitable contribution is a volunteer or words of similar meaning or effect that create the impression that the person soliciting is not a paid solicitor unless such person is unpaid for his or her services;
(c) The person soliciting the charitable contribution is a member, staffer, helper, or employee of the charitable organization or words of similar meaning or effect that create the impression that the person soliciting is not a paid solicitor if the person soliciting is employed, contracted, or paid by a commercial fund raiser.
(8) If the charitable organization is associated with, or has a name that is similar to, any unit of government each person or organization soliciting contributions shall disclose to each person solicited whether the charitable organization is or is not part of any unit of government and the true nature of its relationship to the unit of government. This subsection does not apply to a foundation or other charitable organization that is organized, operated, or controlled by or in connection with a registered public charity, including any governmental agency or unit, from which it derives its name.
(9) No person may, in conducting any solicitation, use the name "police," "sheriff," "fire fighter," "firemen," or a similar name unless properly authorized by a bona fide police, sheriff, or fire fighter organization or police, sheriff, or fire department. A proper authorization shall be in writing and signed by two authorized officials of the organization or department and shall be filed with the secretary.
(10) A person may not, in conducting any solicitation, use the name of a federally chartered or nationally recognized military veterans' service organization as determined by the United States veterans' administration unless authorized in writing by the highest ranking official of that organization in this state.
(11) A charitable organization shall comply with all local governmental regulations that apply to soliciting for or on behalf of charitable organizations.
(12) The advertising material and the general promotional plan for a solicitation shall not be false, misleading, or deceptive, and shall afford full and fair disclosure.
(13) Solicitations shall not be conducted by a charitable organization or commercial fund raiser that has, or if a corporation, its officers, directors, or principals have, been convicted of a crime involving solicitations for or on behalf of a charitable organization in this state, the United States, or any other state or foreign country within the past ten years or has been subject to any permanent injunction or administrative order or judgment under RCW 19.86.080 or 19.86.090, involving a violation or violations of RCW 19.86.020, within the past ten years, or of restraining a false or misleading promotional plan involving solicitations for charitable organizations.
(14) No charitable organization or commercial fund raiser subject to this chapter may use or exploit the fact of registration under this chapter so as to lead the public to believe that registration constitutes an endorsement or approval by the state, but the use of the following is not deemed prohibited: "Currently registered with the Washington state secretary of state as required by law. Registration number . . . ."
(15) No entity may engage in any solicitation for contributions for or on behalf of any charitable organization or commercial fund raiser unless the charitable organization or commercial fund raiser is currently registered with the secretary.
(16) No entity may engage in any solicitation for contributions unless it complies with all provisions of this chapter.
(17)(a) No entity may place a telephone call for the purpose of charitable solicitation that will be received by the solicitee before eight o'clock a.m. or after nine o'clock p.m.
(b) No entity may, while placing a telephone call for the purpose of charitable solicitation, engage in any conduct the natural consequence of which is to harass, intimidate, or torment any person in connection with the telephone call.
(18) Failure to comply with subsections (1) through (17) of this section is a violation of this chapter.
Sec. 3. RCW 19.09.230 and 1993 c 471 s 13 are each amended to read as follows:
No charitable organization, commercial fund raiser, or other entity may knowingly use the identical or deceptively similar name, symbol, or emblem of any other entity for the purpose of soliciting contributions from persons in this state without the written consent of such other entity. If the official name or the "doing business name" being registered is the same or deceptively similar as that of another entity, the secretary may request that a copy of the written consent from that entity be filed with the registration. Such consent may be deemed to have been given by anyone who is a director, trustee, or other authorized officer((, employee, agent, or commercial fund raiser of the charitable organization, and)) of that entity. A copy of the written consent must be kept on file by the charitable organization or commercial fund raiser and made available to the secretary, attorney general, or county prosecutor upon demand.
A person may be deemed to have used the name of another person for the purpose of soliciting contributions if such latter person's name is listed on any stationery, advertisement, brochure, or correspondence of the charitable organization or person or if such name is listed or represented to any one who has contributed to, sponsored, or endorsed the charitable organization or person, or its or his activities.
The secretary may revoke or deny any application for registration that violates this section.
NEW SECTION. Sec. 4. A new section is added to chapter 19.09 RCW to read as follows:
The secretary may waive penalties that have been set by rule and assessed by the secretary due from a registered charitable organization previously in good standing that would otherwise be penalized. A charitable organization desiring to seek relief under this section must, within fifteen days of discovery by its corporate officials, director, or other authorized officer of the missed filing or lapse, notify the secretary in writing. The notification must include the name and mailing address of the organization, the organization's officer to whom correspondence should be sent, and a statement under oath by a responsible officer of the organization, setting forth the nature of the missed filing or lapse, the circumstances giving rise to the missed filing or lapse, and the relief sought. Upon receipt of the notice, the secretary shall investigate the circumstances of the missed filing or lapse. If the secretary is satisfied that sufficient exigent or mitigating circumstances exist, that the organization has demonstrated good faith and a reasonable attempt to comply with the applicable corporate statutes of this state, the secretary may issue an order allowing relief from the penalty. If the secretary determines the request does not comply with the requirements for relief, the secretary shall deny the relief and state the reasons for the denial. Notwithstanding chapter 34.05 RCW, a denial of relief by the secretary is not reviewable.
Sec. 5. RCW 19.77.090 and 1982 c 35 s 184 are each amended to read as follows:
The secretary of state shall be the agent for service of process in any action relating to the registration of any registrant who is at the time of such service a nonresident or a foreign firm, corporation, association, union, or other organization without a resident of this state designated as the registrant's agent for service of record with the secretary of state, or who cannot be found in this state, and service of process, pleadings and papers in such action made upon the secretary of state shall be held as due and sufficient process upon the registrant. The secretary of state shall charge and collect ((a fee of twenty-five dollars)) an assessment, as set by rule by the secretary of state, at the time of any service of process upon the secretary of state under this section. The ((fee)) assessment may be recovered as taxable costs by the party to the suit or action causing such service to be made if such party prevails in the suit or action. The ((fee)) assessment shall be deposited in the secretary of state's revolving fund.
Sec. 6. RCW 23B.01.570 and 1991 c 72 s 30 are each amended to read as follows:
In the event any corporation, foreign or domestic, fails to file a full and complete initial report under RCW 23B.02.050(4) and 23B.16.220(3) or does business in this state without having paid its annual corporate license fee and without having filed a substantially complete annual report under RCW 23B.16.220(1) when either is due, there shall become due and owing the state of Washington a penalty ((of twenty-five dollars)) as established by rule by the secretary.
A corporation organized under this title may at any time prior to its dissolution as provided in RCW 23B.14.200, and a foreign corporation qualified to do business in this state may at any time prior to the revocation of its certificate of authority as provided in RCW 23B.15.300, pay to the state of Washington its current annual license fee, provided it also pays an amount equal to all previously unpaid annual license fees plus the penalty ((specified in this section)) established by rule by the secretary.
Sec. 7. RCW 23B.14.200 and 1991 c 72 s 37 are each amended to read as follows:
The secretary of state may administratively dissolve a corporation under RCW 23B.14.210 if:
(1) The corporation does not pay any license fees or penalties, imposed by this title, when they become due;
(2) The corporation does not deliver its completed initial report or annual report to the secretary of state when it is due;
(3) The corporation is without a registered agent or registered office in this state;
(4) The corporation does not notify the secretary of state that its registered agent or registered office has been changed, that its registered agent has resigned, or that its registered office has been discontinued;
(5) The corporation's period of duration stated in its articles of incorporation expired after July 1, 1990; or
(6) The corporation's period of duration stated in its articles of incorporation expired prior to July 1, 1990, but the corporation has timely paid all license fees imposed by this title and set by rule by the secretary, has timely filed annual reports with the secretary of state, has never been without a registered agent or registered office in this state for sixty days or more, and has never failed to notify the secretary of state of changes in a registered agent or registered office within sixty days of such change.
Sec. 8. RCW 24.03.302 and 1993 c 356 s 5 are each amended to read as follows:
A corporation shall be administratively dissolved by the secretary of state upon the conditions prescribed in this section when the corporation:
(1) Has failed to file or complete its annual report within the time required by law; or
(2) Has failed for thirty days to appoint or maintain a registered agent in this state; or
(3) Has failed for thirty days, after change of its registered agent or registered office, to file in the office of the secretary of state a statement of such change.
A corporation shall not be dissolved under this section unless the secretary of state has given the corporation not less than sixty days' notice of its delinquency or omission, by first class mail, postage prepaid, addressed to the registered office, or, if there is no registered office, to the last known address of any officer or director as shown by the records of the secretary of state, and unless the corporation has failed to correct the omission or delinquency before expiration of the sixty-day period.
When a corporation has given cause for dissolution under this section, and has failed to correct the delinquency or omission as provided in this section, the secretary of the state shall dissolve the corporation by issuing a certificate of administrative dissolution containing a statement that the corporation has been dissolved and the date and reason for which it was dissolved. The original certificate of administrative dissolution shall be filed in the records of the secretary of state, and a copy of the certificate shall forthwith be mailed to the corporation at its registered office or, if there is no registered office, to the last known address of the corporation or any officer, director, or incorporator of the corporation, as shown by the records of the secretary of state. Upon the filing of the certificate of administrative dissolution, the existence of the corporation shall cease, except as otherwise provided in this chapter, and its name shall be available to and may be adopted by another corporation after the dissolution.
Any notice provided by the secretary of state under this section shall be designed to clearly identify and warn the recipient of the contents thereof. A delinquency notice shall provide a succinct and readable description of the delinquency or omission, the date on which dissolution will occur, and the action necessary to cure the delinquency or omission prior to dissolution.
A corporation which has been dissolved by operation of this section may be reinstated within a period of three years following its administrative dissolution if it completes and files a current annual report for the reinstatement year or if it appoints or maintains a registered agent, or if it files with the secretary of state a required statement of change of registered agent or registered office and in addition, if it pays a reinstatement fee ((of twenty-five dollars)) as set by rule by the secretary plus the full amount of all annual fees that would have been assessed for the years of administrative dissolution had the corporation been in active status, including the reinstatement year plus any penalties established by rule by the secretary of state. If, during the period of dissolution, another person or corporation has reserved or adopted a corporate name which is identical to or deceptively similar to the dissolved corporation's name, the dissolved corporation seeking reinstatement shall be required to adopt another name consistent with the requirements of this chapter and to amend its articles of incorporation accordingly. When a corporation has been dissolved by operation of this section, remedies available to or against it shall survive in the manner provided in RCW 24.03.300 and the directors of the corporation shall hold the title to the property of the corporation as trustees for the benefit of its creditors and members.
Sec. 9. RCW 24.03.388 and 1993 c 356 s 9 are each amended to read as follows:
(1) An application processing fee as provided in RCW 24.03.405 shall be charged for an application for reinstatement under RCW 24.03.386.
(2) An application processing fee as provided in RCW 24.03.405 shall be charged for each amendment or supplement to an application for reinstatement.
(3) The corporation seeking reinstatement shall file a current annual report and pay the full amount of all annual corporation fees which would have been assessed for the years of the period of administrative revocation, had the corporation been in active status, including the reinstatement year, plus any penalties as established by rule by the secretary.
Sec. 10. RCW 24.06.290 and 1993 c 356 s 18 are each amended to read as follows:
Failure of the corporation to file its annual report within the time required shall not derogate from the rights of its creditors, or prevent the corporation from being sued and from defending lawsuits, nor shall it release the corporation from any of the duties or liabilities of a corporation under law.
A corporation shall be dissolved by the secretary of state upon the conditions prescribed in this section when the corporation:
(1) Has failed to file or complete its annual report within the time required by law;
(2) Has failed for thirty days to appoint or maintain a registered agent in this state; or
(3) Has failed for thirty days, after change of its registered agent or registered office, to file in the office of the secretary of state a statement of such change.
A corporation shall not be dissolved under this section unless the secretary of state has given the corporation not less than sixty days' notice of its delinquency or omission, by first class mail, postage prepaid, addressed to the registered office, or, if there is no registered office, to the last known address of any officer or director as shown by the records of the secretary of state, and unless the corporation has failed to correct the omission or delinquency before expiration of the sixty-day period.
When a corporation has given cause for dissolution under this section, and has failed to correct the delinquency or omission as provided in this section, the secretary of state shall dissolve the corporation by issuing a certificate of involuntary dissolution containing a statement that the corporation has been dissolved and the date and reason for which it was dissolved. The original certificate of involuntary dissolution shall be filed in the records of the secretary of state, and a copy of the certificate shall forthwith be mailed to the corporation at its registered office or, if there is no registered office, to the last known address of the corporation or any officer, director, or incorporator of the corporation, as shown by the records of the secretary of state. Upon the filing of the certificate of involuntary dissolution, the existence of the corporation shall cease, except as otherwise provided in this chapter, and its name shall be available to and may be adopted by another corporation after the dissolution.
A corporation which has been dissolved by operation of this section may be reinstated within a period of three years following its dissolution if it ((shall file or)) completes and files a current annual report((, appoint and maintain)) for the current reinstatement year or it appoints or maintains a registered agent, or files a required statement of change of registered agent or registered office and in addition pays the reinstatement fee ((of twenty-five dollars plus any other fees that may be due or owing the secretary of state including the full amount of all annual fees that would have been assessed for the years of administrative dissolution had the corporation been in active status, including the reinstatement year)) as set by rule by the secretary of state, plus the full amount of all annual fees that would have been assessed for the years of administrative dissolution had the corporation been in active status, including the reinstatement year plus any penalties as established by rule by the secretary of state. If during the period of dissolution another person or corporation has reserved or adopted a corporate name which is identical or deceptively similar to the dissolved corporation's name, the dissolved corporation seeking reinstatement shall be required to adopt another name consistent with the requirements of this chapter and to amend its articles accordingly. When a corporation has been dissolved by operation of this section, remedies available to or against it shall survive in the manner provided by RCW 24.06.335 and thereafter the directors of the corporation shall hold title to the property of the corporation as trustees for the benefit of its creditors and shareholders.
Sec. 11. RCW 24.06.465 and 1969 ex.s. c 120 s 93 are each amended to read as follows:
Each corporation, domestic or foreign, which fails or refuses to file its annual report for any year within the time prescribed by this chapter shall be subject to a penalty ((of five dollars to be)) as established and assessed by the secretary of state.
Each corporation, domestic or foreign, which fails or refuses to answer truthfully and fully within the time prescribed by this chapter any interrogatories propounded by the secretary of state in accordance with the provisions of this chapter, shall be deemed to be guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not to exceed five hundred dollars on each count."
Signed by Representatives Appelwick, Chair; Johanson, Vice Chair; Padden, Ranking Minority Member; Ballasiotes, Assistant Ranking Minority Member; Campbell; Chappell; Eide; Forner; J. Kohl; Long; Morris; H. Myers; Riley; Schmidt; Scott; Tate and Wineberry.
Passed to Committee on Rules for second reading.
February 25, 1994
SSB 6231 Prime Sponsor, Committee on Natural Resources: Permitting control of life-threatening animals. Reported by Committee on Fisheries & Wildlife
MAJORITY recommendation: Do pass with the following amendment:
On page 1, strike all of section 1 and insert:
"NEW SECTION. Sec. 1. A new section is added to chapter 77.12 RCW to read as follows:
Notwithstanding the provisions of RCW 77.16.020, a person may kill a bear or cougar that is reasonably perceived to be a threat to human life."
On page 1, beginning on line 12, after "is" strike all material through "property" on line 13 and insert "((damaging crops, domestic animals, fowl, or other property)) reasonably perceived to be a threat to human life, domestic animals, or fowl, or is damaging crops or other property"
On page 2, beginning on line 1, after "a" strike all material through "property" on line 2 and insert: "((real and immediate threat to crops, domestic animals, fowl, or other property)) threat to human life, domestic animals, or fowl, or a real and immediate threat to crops or other property"
On page 2, beginning on line 7, after "is" strike all material through "property" on line 8 and insert "((damaging crops, domestic animals, fowl, or other property)) reasonably perceived to be a threat to human life, domestic animals, or fowl, or is damaging crops or other property"
Signed by Representatives King, Chair; Fuhrman, Ranking Minority Member; Sehlin, Assistant Ranking Minority Member; Basich; Chappell; Foreman; Quall and Scott.
MINORITY recommendation: Do not pass. Signed by Representative Orr, Vice Chair.
Passed to Committee on Rules for second reading.
February 24, 1994
ESB 6242 Prime Sponsor, Sheldon: Implementing regulatory reform. Reported by Committee on State Government
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 34.05.370 and 1988 c 288 s 313 are each amended to read as follows:
(1) Each agency shall maintain an official rule-making file for each rule that it (a) proposes by publication in the state register, or (b) adopts. The file and materials incorporated by reference shall be available for public inspection.
(2) The agency rule-making file shall contain all of the following:
(a) Copies of all publications in the state register with respect to the rule or the proceeding upon which the rule is based;
(b) Copies of any portions of the agency's public rule-making docket containing entries relating to the rule or the proceeding on which the rule is based;
(c) All written petitions, requests, submissions, and comments received by the agency and all other written material regarded by the agency as important to adoption of the rule or the proceeding on which the rule is based;
(d) Any official transcript of oral presentations made in the proceeding on which the rule is based or, if not transcribed, any tape recording or stenographic record of them, and any memorandum prepared by a presiding official summarizing the contents of those presentations;
(e) The concise explanatory statement required by RCW 34.05.355;
(f) All petitions for exceptions to, amendment of, or repeal or suspension of, the rule; ((and))
(g) Any other material placed in the file by the agency; and
(h) The written description of the agency's consideration of rule-making criteria required by section 3 of this act.
(3) Internal agency documents are exempt from inclusion in the rule-making file under subsection (2) of this section to the extent they constitute preliminary drafts, notes, recommendations, and intra-agency memoranda in which opinions are expressed or policies formulated or recommended, except that a specific document is not exempt from inclusion when it is publicly cited by an agency in connection with its decision.
(4) Upon judicial review, the file required by this section constitutes the official agency rule-making file with respect to that rule. Unless otherwise required by another provision of law, the official agency rule-making file need not be the exclusive basis for agency action on that rule.
Sec. 2. RCW 34.05.350 and 1989 c 175 s 10 are each amended to read as follows:
(1) If an agency for good cause finds:
(a) That immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; or
(b) That state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule,
the agency may dispense with those requirements and adopt, amend, or repeal the rule on an emergency basis. The agency's finding and a concise statement of the reasons for its finding shall be incorporated in the order for adoption of the emergency rule or amendment filed with the office of the code reviser under RCW 34.05.380 and with the rules review committee.
(2) An emergency rule adopted under this section takes effect upon filing with the code reviser, unless a later date is specified in the order of adoption, and may not remain in effect for longer than one hundred twenty days after filing. Identical or substantially similar emergency rules may not be adopted in sequence unless conditions have changed or the agency has filed notice of its intent to adopt the rule as a permanent rule, and is actively undertaking the appropriate procedures to adopt the rule as a permanent rule. This section does not relieve any agency from compliance with any law requiring that its permanent rules be approved by designated persons or bodies before they become effective.
(3) The governor, in cooperation with the attorney general, shall ensure compliance with emergency rule-making requirements of this section.
(4) When adopting an emergency rule, an agency shall meet the requirements of section 3(1) and (2) of this act or provide written justification for its failure to provide the information.
NEW SECTION. Sec. 3. A new section is added to chapter 34.05 RCW to read as follows:
(1) Before adopting a rule, an agency shall evaluate:
(a) The need for the rule;
(b) Whether the likely benefits of the rule justify its likely costs;
(c) The economic and environmental consequences of adopting the rule or failing to adopt the rule, including the agency's compliance with chapters 19.85, 43.21C, and 43.21H RCW;
(d) Whether alternative rule language or alternatives to adopting the rule, including the no action alternative, may achieve the same purpose at less cost;
(e) Whether any conflict, overlap, or duplication with any other provision of federal or state law is reasonably justified;
(f) Whether any differences between the proposed rule and rules adopted by the federal government on the same subject are reasonably justified, the costs and benefits that may result from such differences, and the statutory authority for the rule; and
(g) Whether any differences in the applicability of the rule to public and private entities are reasonably justified.
(2) The agency shall prepare a written description of the evaluations required under subsection (1) of this section. The description shall be part of the official rule-making file for the rule.
(3) Within a reasonable period of time after adopting rules, an agency shall have a plan to evaluate whether rules filed under each adopting order achieve the purpose for which they were adopted.
(4) Agency evaluations under subsection (1) of this section and the requirements of subsections (2) and (3) of this section are subject to the full scope of judicial review authorized in RCW 34.05.570(2)(c).
Sec. 4. RCW 34.05.325 and 1992 c 57 s 1 are each amended to read as follows:
(1) The agency shall make a good faith effort to insure that the information on the proposed rule published pursuant to RCW 34.05.320 accurately reflects the rule to be presented and considered at the oral hearing on the rule. Written comment about a proposed rule, including supporting data, shall be accepted by an agency if received no later than the time and date specified in the notice, or such later time and date established at the rule-making hearing.
(2) The agency shall provide an opportunity for oral comment to be received by the agency in a rule-making hearing.
(3) If the agency possesses equipment capable of receiving telefacsimile transmissions or recorded telephonic communications, the agency may provide in its notice of hearing filed under RCW 34.05.320 that interested parties may comment on proposed rules by these means. If the agency chooses to receive comments by these means, the notice of hearing shall provide instructions for making such comments, including, but not limited to, appropriate telephone numbers to be used; the date and time by which comments must be received; required methods to verify the receipt and authenticity of the comments; and any limitations on the number of pages for telefacsimile transmission comments and on the minutes of tape recorded comments. The agency shall accept comments received by these means for inclusion in the official record if the comments are made in accordance with the agency's instructions.
(4) The agency head, a member of the agency head, or a presiding officer designated by the agency head shall preside at the rule-making hearing. Rule-making hearings shall be open to the public. The agency shall cause a record to be made of the hearing by stenographic, mechanical, or electronic means. Unless the agency head presides or is present at substantially all the hearings, the presiding official shall prepare a memorandum for consideration by the agency head, summarizing the contents of the presentations made at the rule-making hearing. The summarizing memorandum is a public document and shall be made available to any person in accordance with chapter 42.17 RCW.
(5) Rule-making hearings are legislative in character and shall be reasonably conducted by the presiding official to afford interested persons the opportunity to present comment. Rule-making hearings may be continued to a later time and place established on the record without publication of further notice under RCW 34.05.320.
(6) Before the adoption of a final rule, an agency shall prepare a written summary of all comments received regarding the proposed rule, and a substantive response to the comments by category or subject matter, indicating how the final rule reflects agency consideration of the comments, or why it fails to do so. The agency shall provide the written summary and response to any person upon request or from whom the agency received comment.
Sec. 5. RCW 34.05.330 and 1988 c 288 s 305 are each amended to read as follows:
(1) Any person may petition an agency requesting the adoption, amendment, or repeal of any rule. Each agency may prescribe by rule the form for such petitions and the procedure for their submission, consideration, and disposition. Within sixty days after submission of a petition, the agency shall (1) either deny the petition in writing, stating its reasons for the denial, or (2) initiate rule-making proceedings in accordance with this chapter.
(2) If an agency headed by a nonelected official denies a petition to repeal or amend a rule under this section, the petitioner may, within thirty days of the denial, appeal to the governor. Within sixty days of receipt of the petition, the governor shall either reject the appeal in writing, stating reasons for the rejection, or order the agency to initiate rule-making proceedings in accordance with this chapter.
Sec. 6. RCW 34.05.355 and 1988 c 288 s 310 are each amended to read as follows:
(((1))) At the time it files an adopted rule with the code reviser or within thirty days thereafter, an agency shall place into the rule-making file maintained under RCW 34.05.370 a concise explanatory statement about the rule, identifying (((a))) (1) the agency's reasons for adopting the rule, ((and (b))) (2) a description of any difference between the text of the proposed rule as published in the register and the text of the rule as adopted, other than editing changes, stating the reasons for change, and (3) a written summary of the agency's substantive responses to comments or categories of comments received on the proposed rule.
(((2) Upon the request of any interested person within thirty days after adoption of a rule, the agency shall issue a concise statement of the principal reasons for overruling the considerations urged against its adoption.))
Sec. 7. RCW 19.85.030 and 1989 c 374 s 2 and 1989 c 175 s 72 are each reenacted and amended to read as follows:
In the adoption of any rule pursuant to RCW 34.05.320 that will have an economic impact on more than twenty percent of all industries, or more than ten percent of any one industry, the adopting agency:
(1) Shall reduce the economic impact of the rule on small business by doing one or more of the following when it is legal and feasible in meeting the stated objective of the statutes which are the basis of the proposed rule:
(a) Establish differing compliance or reporting requirements or timetables for small businesses;
(b) Clarify, consolidate, or simplify the compliance and reporting requirements under the rule for small businesses;
(c) Establish performance rather than design standards;
(d) Exempt small businesses from any or all requirements of the rule; and
(e) Other mitigation techniques.
(2) Before filing notice of a proposed rule, shall prepare a small business economic impact statement in accordance with RCW 19.85.040 and file such statement with the code reviser along with the notice required under RCW 34.05.320;
(3) May request assistance from the business assistance center in the preparation of the small business economic impact statement.
Sec. 8. RCW 19.85.020 and 1993 c 280 s 34 are each amended to read as follows:
Unless the context clearly indicates otherwise, the definitions in this section apply through this chapter.
(1) "Small business" means any business entity, including a sole proprietorship, corporation, partnership, or other legal entity, that is owned and operated independently from all other businesses, that has the purpose of making a profit, and that has fifty or fewer employees.
(2) "Small business economic impact statement" means a statement meeting the requirements of RCW 19.85.040 prepared by a state agency pursuant to RCW 19.85.030.
(3) "Industry" means all of the businesses in this state in any one ((three-digit)) four-digit standard industrial classification as published by the United States department of commerce. However, if the four-digit standard industrial classification would result in the release of data that would violate state confidentiality provisions, "industry" means all businesses in a three-digit standard industrial classification.
Sec. 9. RCW 19.85.040 and 1989 c 374 s 3 and 1989 c 175 s 73 are each reenacted and amended to read as follows:
(1) A small business economic impact statement must include:
(a) A brief description of the reporting, recordkeeping, and other compliance requirements of the rule, and the kinds of professional services that a small business is likely to need in order to comply with such requirements((. A small business economic impact statement shall analyze,));
(b) An analysis based on existing data and any new data gathered by the agency, of the costs of compliance for businesses required to comply with the provisions of a rule adopted pursuant to RCW 34.05.320, including costs of equipment, supplies, labor, and increased administrative costs, and compare to the greatest extent possible the cost of compliance for small business with the cost of compliance for the ten percent of firms which are the largest businesses required to comply with the proposed new or amendatory rules;
(c) A summary of the mitigation options considered by the agency and an explanation of each option not included in the rule.
(2) The small business economic impact statement shall use one or more of the following as a basis for comparing costs:
(((1))) (a) Cost per employee;
(((2))) (b) Cost per hour of labor; and
(((3))) (c) Cost per one hundred dollars of sales((;
(4) Any combination of (1), (2), or (3))).
(3) Agencies are encouraged to use committees pursuant to RCW 34.05.310 in analyzing the costs of compliance and identifying steps to be taken to minimize the cost impact on small business.
Sec. 10. RCW 19.85.010 and 1982 c 6 s 1 are each amended to read as follows:
The legislature finds that small businesses in the state of Washington have in the past been subjected to rules adopted by agencies, departments, and instrumentalities of the state government which have placed a proportionately higher burden on the small business community in Washington state. The legislature also finds that such proportionately higher burdens placed on small businesses have reduced competition, reduced employment, reduced new employment opportunities, reduced innovation, and threatened the very existence of some small businesses. Therefore, it is the intent of the legislature that rules affecting the business community shall not place proportionately higher burdens on small businesses. The legislature therefore enacts this Regulatory Fairness Act to minimize such proportionately higher impacts of rules on small businesses in the future and reduce the economic impact of state rules on small business.
Sec. 11. RCW 34.05.640 and 1993 c 277 s 2 are each amended to read as follows:
(1) Within seven days of an agency hearing held after notification of the agency by the rules review committee pursuant to RCW 34.05.620 or 34.05.630, the affected agency shall notify the committee of its action on a proposed or existing rule to which the committee objected or on a committee finding of the agency's failure to adopt rules. If the rules review committee determines, by a majority vote of its members, that the agency has failed to provide for the required hearings or notice of its action to the committee, the committee may file notice of its objections, together with a concise statement of the reasons therefor, with the code reviser within thirty days of such determination.
(2) If the rules review committee finds, by a majority vote of its members: (a) That the proposed or existing rule in question has not been modified, amended, withdrawn, or repealed by the agency so as to conform with the intent of the legislature, or (b) that the agency is using a policy statement, guideline, or issuance in place of a rule, or that the policy statement, guideline, or issuance is outside of the legislative intent, the rules review committee may, within thirty days from notification by the agency of its action, file with the code reviser notice of its objections together with a concise statement of the reasons therefor. Such notice and statement shall also be provided to the agency by the rules review committee.
(3) If the rules review committee makes an adverse finding under subsection (2) of this section, the committee may, by a ((two-thirds)) majority vote of its members, recommend suspension of an existing rule. Within seven days of such vote the committee shall transmit to the governor, the code reviser, and the agency written notice of its objection and recommended suspension and the concise reasons therefor. Within thirty days of receipt of the notice, the governor shall transmit to the committee, the code reviser, and the agency written approval or disapproval of the recommended suspension. If the suspension is approved by the governor, it is effective from the date of that approval and continues until ninety days after the expiration of the next regular legislative session.
(4) If the governor disapproves the recommendation by the rules review committee to suspend the rule, the transmittal of such decision, along with the findings of the rules review committee, shall be treated by the agency as a petition by the rules review committee to repeal the rule pursuant to RCW 34.05.330. Within sixty days the agency shall either commence appropriate rule repeal or rule amendment proceedings or state in writing why the rule was adopted within the scope of the agency's statutory authority.
(5) The code reviser shall publish transmittals from the rules review committee or the governor issued pursuant to subsection (1), (2), or (3) of this section in the Washington state register and shall publish in the next supplement and compilation of the Washington Administrative Code a reference to the committee's objection or recommended suspension and the governor's action on it and to the issue of the Washington state register in which the full text thereof appears.
(((5))) (6) The reference shall be removed from a rule published in the Washington Administrative Code if a subsequent adjudicatory proceeding determines that the rule is within the intent of the legislature or was adopted in accordance with all applicable laws, whichever was the objection of the rules review committee.
Sec. 12. RCW 19.85.060 and 1989 c 374 s 5 are each amended to read as follows:
An agency is not required to prepare a small business economic impact statement if the agency files a statement that:
(1) The rule is being adopted solely for the purpose of conformity or compliance, or both, with federal law or regulations; or
(2) The rule will have a minor or negligible economic impact when it does not exceed 0.001 multiplied by the average profits for businesses in any industry affected by a rule. The business assistance center shall develop guidelines ((for)) to assist agencies in determining whether a proposed rule will have minor or negligible impacts. The business assistance center may review a proposed rule that indicates that there is only a minor or negligible economic impact to determine if the agency's finding is within the guidelines developed by the business assistance center. The business assistance center is authorized to advise the joint administrative rules review committee on disputes involving agency determinations under this section.
NEW SECTION. Sec. 13. A new section is added to chapter 34.05 RCW to read as follows:
If the rules review committee by a vote of two-thirds of its members recommends to the governor that an existing rule be suspended, such recommendation shall establish a rebuttable presumption in any proceeding challenging the validity of the rule that such rule was adopted outside the scope of the authority of the agency adopting the rule.
Sec. 14. RCW 34.05.660 and 1988 c 288 s 606 are each amended to read as follows:
Except as provided in section 13 of this act, it is the express policy of the legislature that establishment of procedures for review of administrative rules by the legislature and the notice of objection required by RCW 34.05.630(2) and 34.05.640(2) in no way serves to establish a presumption as to the legality or constitutionality of a rule in any subsequent judicial proceedings interpreting such rules.
NEW SECTION. Sec. 15. The department of community, trade, and economic development shall develop a model standardized format for reporting information that is commonly required from the public by state and local government agencies for permits, licenses, approvals, and services. In the development of the format, the department shall work in conjunction with representatives from state and local government agencies and representatives of the business community.
The department shall submit the standardized format together with recommendations for implementation to the legislature by December 31, 1994.
NEW SECTION. Sec. 16. A new section is added to chapter 43.17 RCW to read as follows:
(1) The governor shall, where appropriate, require state agencies with regulatory enforcement authority to designate one or more technical assistance representatives to coordinate voluntary compliance and provide technical assistance concerning compliance with the agency's laws and rules.
(2) An employee designated by an agency as a technical assistance representative or as a member of a technical assistance unit may not, during the period of the designation, have authority to issue orders or assess penalties on behalf of the agency. Such an employee who provides on-site consultation at an industrial or commercial facility and who observes violations of the law shall inform the owner or operator of the facility of the violations and provide technical assistance concerning compliance. On-site consultation visits by such an employee may not be regarded as inspections or investigations and no notices or citations may be issued or civil penalties assessed during such a visit. However, violations of the law must be reported to the appropriate officers within the agency. If the owner or operator of the facility does not correct the observed violations within a reasonable time, the agency may reinspect the facility and take appropriate enforcement action. If a technical assistance representative or member of a technical assistance unit observes a violation of the law that places a person in danger of death or substantial bodily harm, is causing or is likely to cause significant environmental harm, or has caused or is likely to cause physical damage to the property of others in an amount exceeding one thousand dollars, the agency may initiate enforcement action immediately upon observing the violation.
(3) The state, the agency, and officers or employees of the state shall not be liable for damages to a person to the extent that liability is asserted to arise from the performance by technical assistance representatives of their duties, or if liability is asserted to arise from the failure of the agency to supply technical assistance."
Signed by Representatives Anderson, Chair; Veloria, Vice Chair; Conway; King and Pruitt.
MINORITY recommendation: Do not pass. Signed by Representatives Reams, Ranking Minority Member; L. Thomas, Assistant Ranking Minority Member; Campbell and Dyer.
Passed to Committee on Rules for second reading.
February 24, 1994
SSB 6243 Prime Sponsor, Committee on Ways & Means: Relating to the capital budget. Reported by Committee on Capital Budget
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"PART 1
GENERAL GOVERNMENT
Sec. 1. 1993 sp.s. c 22 s 106 (uncodified) is amended to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
To purchase land ((for)), design, and construct a new ((higher education institution)) collocated community college and University of Washington branch campus (94-1-003)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is provided to acquire property ((for)), design, and construct a new ((institution of higher education)) collocated community college and University of Washington branch campus to meet the higher education needs of the north King and south Snohomish county area((. A minimum of four sites shall be evaluated by the higher education coordinating board for purchase with this appropriation));
(2) The location of the property to be acquired for the new collocated campus shall be determined by the higher education coordinating board. The higher education coordinating board shall continue to consider at least two sites and shall acquire one site contingent upon a satisfactory site selection environmental impact statement, any necessary environmental permits, and fiscal approval by the office of financial management. The higher education coordinating board may obtain an option on a second site in the event that contingencies on the first site are not met;
(3) The appropriation in this section shall not be expended to purchase property unless the office of financial management has made a reasonable determination that potential storm water and flood water will not damage property or buildings to be constructed on the proposed site, result in mitigation actions that cost more than comparable property in the general area, or possess characteristics which require extraordinary environmental mitigation or engineering safeguards;
(((3))) (4) The appropriation in this section shall not be expended to purchase property until a site development plan is proposed for the site that accommodates all proposed buildings outside of any potential flood plain;
(((4))) (5) The legislature recognizes that additional appropriations may be required for development of the new institution in future biennia; ((and
(5))) (6) The office of financial management may consider any studies, whether or not still in progress, relevant to this appropriation; and
(7) The moneys provided in this section shall be allocated to the appropriate agencies by the office of financial management.
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ ((4,500,000))
25,210,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ ((4,500,000))
25,210,000
Sec. 2. 1993 sp.s. c 22 s 110 (uncodified) is amended to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
Capital budget system improvements (94-2-002)
The office of financial management shall develop standards for allowable staffing expenses attributable to capital projects and include those standards in the capital budget instructions for the 1995-97 ten-year capital plan. The standards shall:
(1) Identify the allowable expenses for construction management, administration, support, overhead, and other categories of staffing costs directly associated with planning and management of capital projects;
(2) Identify allowable expenses attributable to work performed by state employees or contracted through purchased services or personal service contracts other than those identified in subsection (1) of this section; and
(3) Identify the types of staffing expenses that are not appropriately paid from cash or bond capital project funding sources.
The office of financial management shall report to the appropriate committees of the legislature by February 10, 1995, on the amount of staffing expenses and the number of full-time equivalent employees estimated to be funded by capital appropriations during the 1993-1995 biennium.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 100,000
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 300,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,200,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 1,600,000
NEW SECTION. Sec. 3. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
Watershed Restoration Partnership Program: For watershed and fish and wildlife habitat restoration
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation may be allocated to state agencies, including the department of natural resources, solely for watershed and habitat restoration and conservation plans and capital projects, and for local initiative grants, provided that such projects are consistent with any development regulations or comprehensive plans adopted under the growth management act for the project areas.
(2) The office of financial management, in conjunction with appropriate agencies, shall report to the appropriate committees of the legislature by January 1, 1995, on any expenditures made from the appropriation in this section and a plan for future use of the moneys provided in this section. The plan shall provide for cooperative federal, state, and local plans and projects for watershed and fish and wildlife habitat restoration and conservation. The plan shall also consider future funding needs, the availability of federal funding, and the possibility of submitting a referendum to the voters of the state to provide future state funding.
(3) To the extent feasible, funds shall be used to implement existing plans and shall not be used to duplicate plans and studies already conducted.
(4) In allocating moneys under this section, priority shall be given to projects benefitting fish stocks in critical or depressed condition, as determined by the departments of fisheries and wildlife or their successor agency.
(5) At least $2,000,000 of the appropriation in this section shall be allocated based upon the recommendations of the governor's task force on environmental enhancement and job creation.
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 15,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 15,000,000
Sec. 4. 1993 sp.s. c 22 s 113 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Highways-Licenses Building: To complete the construction to renovate the Highway-Licenses Building on the capitol campus (88-5-011) (92-2-003)
The appropriation shall not be expended until the capital project review requirements of section 1015 of this act have been met.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ ((18,000,000))
16,950,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 4,938,000
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ ((22,938,000))
21,888,000
Sec. 5. 1993 sp.s. c 22 s 122 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Tumwater Satellite Campus Land Acquisition: To purchase in fee simple real property for future state development in the city of Tumwater (92-5-000)
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriations are provided solely for land acquisition, and shall not be expended until the office of financial management has approved a specific plan for development of the Tumwater satellite campus.
(2) Before expending any moneys from the appropriations, the department shall obtain a written agreement from the city of Tumwater, the port of Olympia, and the Tumwater school district requiring the consent of the office of financial management for any state responsibility or liability associated with general infrastructure development or facility relocation within the Tumwater campus planning area.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 890,000
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ ((3,600,000))
3,265,046
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ ((4,490,000))
4,155,046
Sec. 6. 1993 sp.s. c 22 s 126 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Collocation and consolidation of state facilities: To identify the current locations of major concentrations of state facilities within the state and determine where state facilities can be collocated and consolidated (92-5-004)
The appropriations in this section are subject to the following conditions and limitations:
(1) The department shall prepare policy recommendations and cost estimates for opportunities to collocate and consolidate state facilities, including a comparison of the benefits and costs of purchasing or leasing such facilities and an analysis of private sector impacts.
(2) The appropriations shall not be spent until a detailed scope of work has been reviewed and approved by the office of financial management.
(3) The reappropriation is provided solely to complete phase one of the project, begun in the 1991-93 biennium.
(4) $40,000 of this appropriation is provided solely for planning, negotiation, and development of collocated state facilities in Spokane, Tacoma, and Port Angeles.
(5) $75,000 of this appropriation is provided to identify areas of the state with potential for efficiencies from collocation and consolidation of state facilities and to prepare implementation plans.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 105,000
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ ((300,000))
415,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 120,000
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ ((525,000))
640,000
Sec. 7. 1993 sp.s. c 22 s 137 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Capitol Campus preservation (94-1-010)
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ ((3,037,000))
219,000
Cap Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ ((388,000))
3,206,000
Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 3,425,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 27,259,550
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 30,684,550
Sec. 8. 1993 sp.s. c 22 s 138 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Legislative Building preservation (94-1-011)
Appropriation:
((St)) Cap Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 304,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 304,000
Sec. 9. 1993 sp.s. c 22 s 139 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Temple of Justice preservation (94-1-012)
Appropriation:
((St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 147,000))
Cap Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ ((277,000
Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 424,000))
424,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 424,000
Sec. 10. 1993 sp.s. c 22 s 140 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Northern State Multiservice Center: For critical life/safety and preservation projects (94-1-014)
The appropriation in this section is subject to the following conditions and limitations:
(1) The department ((shall report to the legislature by November 1, 1994, with options for the disposition of the nonstate-occupied portions of the campus after the reduction or closure of state programs)), in consultation with the local community, shall develop a plan for the disposal of the property at the Northern State multi-service center and report on the plan to the fiscal committees of the legislature by December 1, 1994.
(2) The appropriation shall not be spent until the office of financial management has approved a facility repair and preservation plan for the campus.
Appropriation:
CEP & RI Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .$ 872,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 872,000
Sec. 11. 1993 sp.s. c 22 s 141 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Office Building 2 preservation (94-1-015)
Appropriation:
((St)) Cap Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 250,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,339,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 2,589,000
Sec. 12. 1993 sp.s. c 22 s 143 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Employment Security Building preservation (94-1-017)
Appropriation:
((St)) Cap Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 74,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 575,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 649,000
Sec. 13. 1993 sp.s. c 22 s 147 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Lacey light industrial park acquisition (94-2-003)
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ ((1,100,000))
66,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . $((18,200,000))
0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ ((19,300,000))
66,000
Sec. 14. 1993 sp.s. c 22 s 115 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Condition assessment((:)) (92-2-007)
(1) By December 31, 1993, develop a prototype condition assessment methodology, assess the condition of facilities owned by the department of general administration, and prepare a facility maintenance strategy that emphasizes preventive maintenance (((92-2-007))).
(2) $200,000 of the reappropriation from the state building construction account shall be utilized by the office of financial management for development of an inventory system of state facilities. After completion of the system the office of financial management shall provide to the affordable housing advisory board an inventory of vacant or underutilized state land.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 500,000
Cap Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ 340,000
-------------
Subtotal Reappropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 840,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 251,000
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
-------------
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 1,091,000
Sec. 15. 1993 sp.s. c 22 s 157 (uncodified) is amended to read as follows:
State-wide preservation (93-1-008)
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ ((2,518,400))
2,466,400
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 800,000
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,766,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ ((5,084,400))
5,032,400
NEW SECTION. Sec. 16. A new section is added to 1993 sp.s. c 22 to read as follows:
Yakima Armory predesign (94-2-001)
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 52,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 7,691,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 7,743,000
PART 2
HUMAN SERVICES
Sec. 17. 1993 sp.s. c 22 s 202 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY DEVELOPMENT
Grays Harbor dredging (88-3-006)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is provided solely for the state's share of costs for Grays Harbor dredging, dike construction, bridge relocation, and related expenses.
(2) Expenditure of moneys from this appropriation is contingent on the authorization of $40,000,000 and an initial appropriation of at least $13,000,000 from the United States army corps of engineers and the authorization of at least $10,000,000 from the local government for the project. Up to $3,500,000 of the local government contribution for the first year on the project may be composed of property, easements, rent adjustments, and other expenditures specifically for the purposes of this appropriation if approved by the army corps of engineers. State funds shall be disbursed at a rate not to exceed one dollar for every four dollars of federal funds expended by the army corps of engineers and one dollar from other nonstate sources.
(3) Expenditure of moneys from this appropriation is contingent on a cost-sharing arrangement and the execution of a local cooperation agreement between the port of Grays Harbor and the army corps of engineers pursuant to P.L. 99-662, the federal water resources development act of 1986, whereby the corps of engineers will construct the project as authorized by that federal act.
(4) The port of Grays Harbor shall make the best possible effort to acquire additional project funding from nonstate public grants and/or other governmental sources other than those in subsection (2) of this section. Any money, up to $10,000,000 provided from such sources other than those in subsection (2) of this section, shall be used to reimburse or replace state building construction account money. In the event the project cost is reduced, any resulting reduction or reimbursement of nonfederal costs realized by the port of Grays Harbor shall be shared proportionally with the state.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ ((5,688,000))
5,969,739
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ ((4,312,000))
4,030,261
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 10,000,000
Sec. 18. 1993 sp.s. c 22 s 203 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY DEVELOPMENT
Housing assistance program (88-5-015)
The appropriations in this section are subject to the following conditions and limitations:
(1) ((The $2,000,000)) $1,000,000 of the appropriation from the state building construction account and $3,000,000 of the appropriation from the charitable, educational, penal, and reformatory institutions account is provided to promote development of at least ((120)) 240 safe and affordable housing units for persons eligible for services from the division of developmental disabilities in the department of social and health services. The housing assistance program shall ((convene an advisory group of developmental disabilities service agencies and family members to plan implementation of)) implement this initiative in coordination with the plan for increased efficiency in community residential services developed by the division of developmental disabilities in accordance with the 1994 supplemental operating budget.
(2) $1,000,000 of the appropriation from the charitable, educational, penal, and reformatory institutions account and $1,000,000 of the appropriation from the state building construction account is provided solely to promote the development of safe and affordable shelters for youth. The housing assistance program shall convene an advisory group to plan and develop guidelines for the implementation of this one time initiative. The housing assistance program may require a match, which may include cash, land value, or donated labor and supplies as a condition of receipt of a grant from this appropriation. The program may establish criteria on the administrative and financial capability of an organization, including the ability to provide for the ongoing operating costs of the shelter, when selecting proposals for a grant from this appropriation. It is the intent of the legislature that this appropriation represents a one-time appropriation for youth shelters.
(3) The department of community development shall conduct a study on the feasibility of providing financial guarantees to housing authorities. The department shall submit its findings to the appropriate legislative committees by December 15, 1993.
(((3))) (4) It is the intent of the legislature that, in addition to the moneys provided under subsection (1) of this section, a portion of the state building construction account appropriation be used to develop safe and affordable housing for the developmentally disabled.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ 22,000,000
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ ((34,000,000))
36,000,000
CEP & RI Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .((2,000,000))
4,000,000
Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((36,000,000))
40,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .$ 35,449,197
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 136,000,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ ((229,449,197))
233,449,197
Sec. 19. 1993 sp.s. c 22 s 210 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY DEVELOPMENT
Emergency Management Building: Minor works (92-2-009)
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 120,000
((General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 69,000
Subtotal Reappropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 189,000))
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 97,000
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ ((286,000))
217,000
Sec. 20. 1993 sp.s. c 22 s 214 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY DEVELOPMENT
Resource center for the handicapped: To acquire and improve the facilities in which the center currently operates (92-5-000)
The reappropriation in this section is subject to the following conditions and limitations: ((No expenditure may be made until an equal amount of nonstate moneys dedicated to the purchase of the facility have been raised)) Each dollar expended from the reappropriation in this section shall be matched by at least one dollar from nonstate sources expended for the same purpose. The matching money may include lease-purchase payments made by the center prior to the effective date of this section.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 1,200,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 1,200,000
Sec. 21. 1993 sp.s. c 22 s 230 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY DEVELOPMENT
Building for the arts-Phases 1 and 2 (92-5-100) (94-2-021)
For grants to local performing arts and art museum organizations for facility improvements or additions.
The appropriations in this section are subject to the following conditions and limitations:
(1) Grants are limited to the following projects:
Phase 1 (92-5-100)
Estimated Total State State
Capital Cost Grant Share
@ 15%
Seattle Children's Theatre $ 8,000,000 $ 1,200,000 15%
Admiral Theatre (Bremerton) $ 4,261,000 $ 639,000 15%
Pacific Northwest Ballet $ 7,500,000 $ 1,125,000 15%
Seattle Symphony $ 54,000,000 $ 8,100,000 15%
Seattle Repertory Theatre
(Phase 1) $ 4,000,000 $ 600,000 15%
Intiman Theatre $ 800,000 $ 120,000 15%
Broadway Theatre District
(Tacoma) $ 11,800,000 $ 1,770,000 15%
Allied Arts of Yakima $ 500,000 $ 75,000 15%
Spokane Art School $ 454,000 $ 68,000 15%
Seattle Art Museum $ 4,862,500 $ 729,000 15%
Total $ 96,177,500 $ 14,426,000
Phase 2 (94-2-021)
Estimated Total State State
Capital Cost Grant Share
@ 15%
Bainbridge Performing
Arts Center $ 1,200,000 $ 180,000 15%
The Children's Museum $ 2,850,000 $ 427,500 15%
Everett Community Theatre $ 12,119,063 $ 1,817,859 15%
Kirkland Center for
the Performing Arts $ 2,500,000 $ 375,000 15%
Makah Cultural and
Research Center $ 1,600,000 $ 240,000 15%
Mount Baker Theatre Center $ 1,581,000 $ 237,150 15%
Seattle Group Theatre $ 334,751 $ 50,213 15%
Seattle Opera Association $ 985,000 $ 147,750 15%
Seattle Repertory Theatre
(Phase 2) $ 4,000,000 $ 600,000 15%
Tacoma Little Theatre $ 1,250,000 $ 187,500 15%
Valley Museum of Northwest
Art $ 1,100,000 $ 165,000 15%
Village Theatre $ 6,000,000 $ 900,000 15%
The Washington Center
for the Performing Arts $ 400,000 $ 60,000 15%
Whidbey Island Center
for the Arts $ 1,200,000 $ 180,000 15%
Total $((38,119,814)) $ 5,567,972
37,119,814
(2) The state grant may provide no more than fifteen percent of the estimated total capital cost or actual total capital cost of the project, whichever is less. The remaining portions of project capital costs shall be a match from nonstate sources. The match may include cash and land value.
(3) State funding shall be distributed to projects in the order in which matching requirements for specific project phases have been met.
(4) The department shall submit a list of recommended performing arts, museum, and cultural organization projects for funding in the 1995-97 capital budget. The list shall result from a competitive grants program developed by the department providing for:
(a) A maximum state funding amount of $4 million in the 1995-97 biennium for new projects not previously authorized by the legislature. Maximum state grant awards shall be limited to fifteen percent of the total cost of each qualified project;
(b) Uniform criteria for the selection of projects and awarding of grants. The criteria shall address, at a minimum: The administrative and financial capability of the organization to complete and operate the project; local community support for the project; the contribution the project makes to the diversity of performing arts, museum, and cultural organizations operating in the state; and the geographic distribution of projects; and
(c) A process to provide information describing application procedures to performing arts, museum, and cultural organizations state-wide.
The department may consult with and utilize existing arts organizations to assist with developing the grant criteria and administering the grant program.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 9,475,000
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 5,961,086
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 1,773,900
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,783,986
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 19,993,972
NEW SECTION. Sec. 22. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Western State Hospital: To improve the security of the mentally ill offender unit
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 400,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 400,000
Sec. 23. 1993 sp.s. c 22 s 252 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Maple Lane School: Construct a 64-bed, level one security facility (92-2-225)
The appropriations in this section shall not be expended until the capital project review requirements of section 1015, chapter 22, Laws of 1993 sp.s. have been met.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 6,215,800
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 785,600
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 500,000
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ ((6,715,800))
7,501,400
Sec. 24. 1993 sp.s. c 22 s 279 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Naselle Youth Camp: Eagle Lodge Replacement (94-1-204)
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 2,100,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 2,100,000
Sec. 25. 1993 sp.s. c 22 s 280 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Green Hill School Repairs (94-1-501)
The appropriation in this section is provided for minor repairs, including but not limited to fire and safety code repairs, and kitchen roof repair or replacement.
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 240,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 240,000
NEW SECTION. Sec. 26. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Division of Juvenile Rehabilitation Master Plan Development (94-2-004)
(1) The department shall develop a master plan for facilities, including state institutions, state-operated and contracted group homes, and the contracted or jointly operated use of local, county, or regional facilities.
(2) The master plan shall include:
(a) A forecast, in conjunction with the office of financial management, of future confinement and rehabilitation needs of juvenile offenders, including analysis of trends, demographics, and historical patterns, frequency and degree of violence, length of stay, custody level, recidivism, and the impact of current and anticipated legislation;
(b) An analysis of present facilities and their adequacy, including operational, designed, and emergency capacity, security, safety, infrastructure, program needs, code compliance, and operational costs per unit;
(c) An analysis of options and operating and capital costs to maximize the capacity and use of presently available facilities and to optimize programs therein;
(d) An analysis of projected future needs for facilities and operational programs, including educational and vocational programs operated by the appropriate educational entities, for at least the next six years, which addresses the priorities between institutions, group homes, and use of contracted or jointly operated local or regional beds, and the size, security level, target location, timing and operating and capital costs of any additional facilities;
(e) An analysis of the adequacy of present and planned local or regional capacity, the need for additional local or regional capacity, available local financing, delays in imposing sentences due to unavailable local facilities, and the feasibility of a state role in providing assistance to develop additional local or regional capacity;
(f) An analysis of the feasibility of increasing the state's use of local or regional beds and recommendations for any statutory, fiscal, or program changes needed to keep juvenile offenders sentenced for short terms in local or regional facilities; and
(g) An analysis of which existing or future facilities would best serve as state or regional juvenile offender basic training camps and the capital and operational requirements for their development.
(3) Development of the master plan shall be done in consultation with county and local entities responsible for juvenile justice and with the appropriate policy and fiscal committees of the legislature.
(4) A preliminary report on the master plan shall be submitted to the appropriate policy and fiscal committees of the legislature no later than December 1, 1994.
(5) The division of juvenile rehabilitation shall begin efforts immediately to locate sites for additional facilities and may conduct predesign or undertake preliminary steps for site selection environmental impact statements. However, no funds shall be expended for acquisition, design, or construction of additional state institutional facilities until completion of the master plan and specific authorization by the legislature. It is the intent of the legislature to consider design and construction of additional facilities or other methods to increase capacity in the 1995-1997 biennium.
Appropriation:
CEP & RI Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .$ 300,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 300,000
NEW SECTION. Sec. 27. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Maple Lane School: Fire Safety and Sewer Improvements (94-1-001)
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 470,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 470,000
Sec. 28. 1993 sp.s. c 22 s 282 (uncodified) is amended to read as follows:
Laboratory expansion, phase 2 (92-2-001)
The appropriation in this section shall not be expended until the capital project review requirements of section 1015 of this act have been met.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ 780,000
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ ((12,583,468))
112,517
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .$ 420,000
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ ((13,783,468))
1,312,517
NEW SECTION. Sec. 29. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE DEPARTMENT OF HEALTH
Ground water monitoring pilot project: To test public drinking water systems for organic and inorganic chemicals
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is provided solely to implement Substitute House Bill No. 2616. If Substitute House Bill No. 2616 is not enacted by June 30, 1994, the appropriation in this section shall lapse.
(2) The local toxics control account shall be reimbursed by June 30, 1995, by fees sufficient to cover the cost of the program in accordance with the provisions of Substitute House Bill No. 2616 and RCW 43.20B.020.
Appropriation:
Local Toxics Control Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 2,060,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 2,060,000
NEW SECTION. Sec. 30. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE DEPARTMENT OF VETERANS AFFAIRS
Retsil Heating System Upgrade (94-1-300)
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 700,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 700,000
NEW SECTION. Sec. 31. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE DEPARTMENT OF VETERANS AFFAIRS
Roosevelt Hall Sprinkler Installation (94-1-301)
Appropriation:
CEP & RI Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .$ 70,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 70,000
NEW SECTION. Sec. 32. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE DEPARTMENT OF VETERANS AFFAIRS
Retsil Laundry Room Improvements (94-1-302)
Appropriation:
CEP & RI Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .$ 90,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 90,000
Sec. 33. 1993 sp.s. c 22 s 285 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF VETERANS AFFAIRS
Complete facility improvements on building nine at ((Soldiers')) Veterans' Home (90-1-009)
Reappropriation:
CEP & RI Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .$ 150,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 150,000
Sec. 34. 1993 sp.s. c 22 s 286 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF VETERANS AFFAIRS
Minor works at ((veterans' homes)) Soldiers' Home (92-2-008)
Reappropriation:
CEP & RI Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .$ 30,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 30,000
Sec. 35. 1993 sp.s. c 22 s 290 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF VETERANS AFFAIRS
To repair mechanical, electrical, and heating, ventilation, and air conditioning systems at Soldiers' Home (94-1-100)
Appropriation:
((CEP & RI Acct))
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 837,057
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,821,835
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 2,658,892
Sec. 36. 1993 sp.s. c 22 s 294 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF VETERANS AFFAIRS
To repair mechanical, electrical and heating, ventilation, and air conditioning systems at Veterans' Home (94-1-200)
Appropriation:
((CEP & RI Acct))
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 1,246,611
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 726,722
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 1,973,333
Sec. 37. 1993 sp.s. c 22 s 299 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
To make regulatory and code compliance improvements for the preservation of correctional facilities (94-1-001)
Up to $230,000 may be used for improvements to Indian Ridge correctional camp in preparation for transfer of the facility to the division of juvenile rehabilitation. The camp shall be made available to the division of juvenile rehabilitation by July 1, 1994.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 4,390,000
CEP & RI Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .$ 300,000
Subtotal Reappropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 4,690,000
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 10,736,573
CEP & RI Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .$ 1,225,953
Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 11,962,526
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 25,863,968
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 61,726,068
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 104,242,562
Sec. 38. 1993 sp.s. c 22 s 300 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
To make small repairs and improvements to correctional facilities (94-1-002)
((The reappropriation in this section is subject to the conditions and limitations of section 1017(2)(b) of this act.)) If the projects funded from the reappropriation in this section are not substantially complete by December 1, 1994, the reappropriation shall lapse.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 10,650,000
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 9,697,577
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 44,652,002
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 64,999,579
Sec. 39. 1993 sp.s. c 22 s 302 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
To repair internal building systems for the preservation of correctional facilities (94-1-004)
At least $63,000 from the state building construction account appropriation shall be used for improvements to the Indian Ridge correctional camp in preparation for transfer of the facility to the division of juvenile rehabilitation. To ensure the efficient and timely completion of these improvements, the department shall use correctional industries and inmate labor to the greatest extent possible.
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 8,779,445
CEP & RI Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .$ 431,568
Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 9,211,013
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 65,561,403
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 74,772,416
Sec. 40. 1993 sp.s. c 22 s 303 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
((Underground storage tanks)) Asbestos allocation (90-1-001)
((That portion of the appropriation related to underground storage tanks may be expended only after compliance with section 107 of this act.)) If the projects funded from the reappropriation in this section are not substantially complete by December 1, 1994, the reappropriation shall lapse.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 256,500
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 256,500
Sec. 41. 1993 sp.s. c 22 s 306 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
For state-wide repairs and improvements (94-2-002)
((The reappropriation in this section is subject to the conditions and limitations of section 1017(2)(b) of this act.)) If the projects funded from the reappropriation in this section are not substantially complete by March 1, 1995, the reappropriation shall lapse.
Of the appropriation in this section:
(1) $753,000 is provided for correctional industry storage and yard projects at the Washington State Reformatory; and
(2) $727,000 is provided for conversion of program space at Cedar Creek Corrections Center, completion of an intake-discharge unit and motor pool at the Clallam Bay Corrections Center, and conversion of the Eleanor Chase House into a work-release facility.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 9,742,000
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ ((17,767,557))
16,505,489
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 110,387,730
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ ((137,897,287))
136,635,219
NEW SECTION. Sec. 42. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
Predesign Yakima Prerelease Facility and Sewer Improvements (94-2-017)
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 240,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 240,000
PART 3
NATURAL RESOURCES
Sec. 43. 1993 sp.s. c 22 s 401 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE ENERGY OFFICE
Energy partnerships: Planning, development, and contract review of cogeneration projects, and development and financing of conservation capital projects, for schools and state agencies (92-1-003) (92-1-004) (94-1-002)
((The reappropriations in this section are subject to the following conditions and limitations: $2,000,000 of the energy efficiency construction account reappropriation is provided solely for financing conservation capital projects for schools under chapter 39.35C RCW.))
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ 358,000
Energy Eff Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ ((3,000,000))
1,000,000
Subtotal ((Appropriation))
Reappropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .$ ((3,358,000))
1,358,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .$ ((620,424))
0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ ((3,978,424))
1,358,000
Sec. 44. 1993 sp.s. c 22 s 403 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Referendum 38 water supply facilities (74-2-006)
$2,500,000 of the state and local improvements revolving account is provided solely for funding the state's cost share in the water conservation demonstration project - Yakima river reregulating reservoir.
Reappropriation:
LIRA, Water Sup Fac. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 11,300,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 57,081,346
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 13,824,661
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 82,206,007
Sec. 45. 1993 sp.s. c 22 s 408 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Water pollution control facility loans (90-2-002)
Reappropriation:
Water Pollution Cont Rev
Fund--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ ((13,044,335))
13,302,561
Water Pollution Cont Rev
Fund--Federal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ ((65,206,025))
64,947,799
Subtotal Reappropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .$ 78,250,360
Appropriation:
Water Pollution Cont Rev Fund--
State. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((19,961,601))
20,239,532
Water Pollution Cont--Federal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((78,689,866))
69,902,955
Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((98,651,467))
90,142,487
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .$ 54,871,279
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 283,370,816
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ ((515,143,921))
506,634,942
Sec. 46. 1993 sp.s. c 22 s 423 (uncodified) is amended to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
Westhaven: Comfort station and parking construction (89-2-119)
The appropriation in this section is subject to the conditions and limitations of section 1017(2) (a) and (b) of this act.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ ((311,349))
45,116
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ ((85,448))
281,681
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ ((396,797))
326,797
Sec. 47. 1993 sp.s. c 22 s 427 (uncodified) is amended to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
Fort Worden: Rebuild boat launch (89-3-135)
((The appropriation in this section is subject to the conditions and limitations of section 1017(2) (a) and (b) of this act.)) If the projects funded from the reappropriation in this section are not substantially complete by November 1, 1994, the reappropriation shall lapse.
Reappropriation:
ORA—State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . $ 275,219
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 13,639
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 288,858
Sec. 48. 1993 sp.s. c 22 s 428 (uncodified) is amended to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
Larrabee development (89-5-002)
((The appropriation in this section is subject to the conditions and limitations of section 1017(2) (a) and (b) of this act.)) If the projects funded from the reappropriations in this section are not substantially complete by October 1, 1994, the reappropriations shall lapse.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 275,000
ORA--((State)) Federal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ 140,540
Subtotal Reappropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 415,540
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 65,350
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 480,890
Sec. 49. 1993 sp.s. c 22 s 430 (uncodified) is amended to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
Fort Canby initial development (89-5-115)
((The appropriation in this section is subject to the conditions and limitations of section 1017(2) (a) and (b) of this act.)) If the reappropriation in this section is not expended by June 30, 1995, it shall lapse.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 232,813
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 26,774
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 259,587
Sec. 50. 1993 sp.s. c 22 s 431 (uncodified) is amended to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
Ocean beach access (89-5-120)
Reappropriation:
((ORA--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .$ 286,195))
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 250,000
((-------------
Subtotal Reappropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .$ 536,195))
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 27,191
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ ((563,386))
277,191
Sec. 51. 1993 sp.s. c 22 s 432 (uncodified) is amended to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
Spokane Centennial Trail (89-5-166)
((The appropriation in this section is subject to the conditions and limitations of section 1017(2) (a) and (b) of this act.)) If the projects funded from the reappropriation in this section are not substantially complete by October 1, 1994, the reappropriation shall lapse.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 223,507
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 3,456
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 226,963
Sec. 52. 1993 sp.s. c 22 s 460 (uncodified) is amended to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
Timberland purchases and common school purchases (94-2-001)
This reappropriation is provided solely and expressly to reimburse the department of natural resources for administrative expenses incurred for the replacement of timberland and common school lands.
Reappropriation:
((Trust Land Purchase Acct))
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 750,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 49,250,000
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 50,000,000
NEW SECTION. Sec. 53. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
Iron Horse trail acquisition (95-2-000)
This appropriation is provided as matching funds for a grant from the federal intermodel surface transportation efficiency act.
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 70,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 70,000
Sec. 54. 1993 sp.s. c 22 s 459 (uncodified) is amended to read as follows:
FOR SPECIAL LAND PURCHASES AND COMMON SCHOOL CONSTRUCTION
Special land purchases and common school construction (94-2-000)
The appropriations in this section are subject to the following conditions and limitations:
(1)(a) $((27,424,000))12,424,000 of the total appropriation is provided to the state parks and recreation commission. These funds and $15,000,000 of the state general fund appropriated to the state parks and recreation commission ("commission") in Substitute Senate Bill No. 6244 are provided ((to the state parks and recreation commission ("commission"))) solely to acquire the following trust lands that have been identified by the department of natural resources and the commission as appropriate for state park use:
(i) Squak mountain, King county;
(ii) Miller peninsula, Clallam county;
(iii) Hoko river, Clallam county;
(iv) Cascade island, Skagit county;
(v) Skykomish river, Snohomish county;
(vi) Leadbetter point, Pacific county;
(vii) Square lake, Kitsap county;
(viii) Iron Horse/Ragner, King county;
(ix) Robe gorge, Snohomish county.
(b) Acquisitions shall be made in priority order, as determined by the commission in consultation with the department of natural resources.
(c) $4,975,000 of the total appropriation is provided to the department of wildlife solely to acquire the following trust lands that have been identified by the department of natural resources and the department of wildlife as appropriate for wildlife habitat:
(i) Cabin creek, Kittitas county;
(ii) Riffe lake, Lewis county;
(iii) Divide ridge, Yakima county.
(d) $17,953,000 of the total appropriation is provided to the department of natural resources solely to acquire the following prioritized list of trust lands appropriate for natural area preserve, natural resource conservation area, and/or recreation use:
(i) Mount Pilchuck, Snohomish county;
(ii) Mt. Si, King county.
(2) Lands acquired under this section shall be transferred in fee simple. Timber on these lands shall be commercially unsuitable for harvest due to economic considerations, good forest practices, or other interests of the state.
The state parks and recreation commission, the state wildlife commission, and the commissioner of public lands shall consider operational costs and impacts of acquiring the lands listed in subsection (1) of this section. Efforts shall be made to minimize the operational impacts through public-private partnerships, interlocal agreements or other mechanisms while carrying out the objectives of this section, provided that the aggregate ratio of revenues to the common school construction fund is maintained. Application to the board of natural resources for transfer of these properties from trustland status shall be made based on these considerations.
On December 31, 1994, the state treasurer shall transfer remaining unencumbered funds from this appropriation to the common school construction fund and the appropriation in this section shall be reduced by an equivalent amount.
(3) Property transferred under this section shall be appraised and transferred at fair market value. The proceeds from the value of the timber transferred shall be deposited by the department of natural resources in the same manner as timber revenues from other common school trust lands. No deduction may be made for the resource management cost account under RCW 79.64.040. The proceeds from the value of the land transferred shall be used by the department of natural resources to acquire real property of equal value to be managed as common school trust land.
(4) The proceeds from the value of the land transferred under this section shall be deposited in the park land trust revolving account to be utilized by the department of natural resources for the exclusive purpose of acquiring replacement common school trust land.
(5) The department of natural resources shall attempt to maintain an aggregate ratio of 85:15 timber-to-land value in these transactions.
(6) Intergrant exchanges between common school and noncommon school trust lands of equal value may occur if the noncommon school trust land meets the criteria established by the commission and the departments of natural resources and wildlife for selection of sites and if the exchange is in the interest of both trusts.
(7) Lands and timber purchased under subsection (1)(d) of this section shall be managed under chapter 79.68, 79.70, or 79.71 RCW as determined by the department of natural resources.
(8) The state parks and recreation commission shall identify appropriate sites for a new marine state park in south Puget Sound as an alternative to the Squaxin Island state park or may enter into agreements which will provide permanent public access to Squaxin Island state park. Moneys provided under subsection (1)(a) of this section may be expended for these purposes pursuant to subsections (2) through (6) of this section.
(9) The board of natural resources shall develop a process for identifying trust lands suitable for transfer from trust status to other state or local public ownership for the benefit of the common schools.
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ ((45,798,000))
30,798,000
Aquatic Lands Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ 4,554,000
Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((50,352,000))
35,352,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ ((50,352,000))
35,352,000
Sec. 55. 1993 sp.s. c 22 s 462 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Washington wildlife and recreation program (90-5-002)
Reappropriation:
ORA--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ ((1,265,227))
2,286,674
Habitat Conservation Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .$ ((1,426,962))
5,456,123
Subtotal Reappropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .$ ((2,692,189))
7,742,797
Appropriation:
Habitat Conservation Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .$ 2,345,553
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .$((32,425,345))
27,374,737
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ ((35,117,534))
37,463,087
Sec. 56. 1993 sp.s. c 22 s 463 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Grants to public agencies (92-2-001)
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ ((6,048,754))
7,083,959
ORA--Federal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((700,000))
1,643,644
ORA--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ ((3,715,970))
4,389,456
Firearms Range Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ 136,892
Subtotal Reappropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .$((10,601,616))
13,253,951
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .$ ((5,979,136))
3,326,801
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ 16,580,752
Sec. 57. 1993 sp.s. c 22 s 466 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Grants to public agencies (94-3-001) (94-3-005)
Appropriation:
ORA--Federal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .$ ((1,000,000))
984,000
ORA--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . .$ 5,653,614
Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((6,653,614))
6,637,614
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ ((6,653,614))
6,637,614
NEW SECTION. Sec. 58. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Grants to public agencies: Restore lapsed appropriation (94-3-006)
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 443,251
ORA--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . .$ 2,296,274
Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 2,739,525
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 2,739,525
Sec. 59. 1993 sp.s. c 22 s 468 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
NOVA projects (94-3-004)
This appropriation is in addition to the funding distribution under section 469, chapter 22, Laws of 1993 sp. sess. and shall be distributed as follows: $3,297,600 to the ORV recreation facilities program; $1,199,200 to the ORV education, information, and law enforcement programs; and $499,200 to the nonhighway road recreation facilities.
Appropriation:
ORA—State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . $ 4,996,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 25,500,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 30,496,000
Sec. 60. 1993 sp.s. c 22 s 469 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Washington wildlife and recreation program (94-5-002)
(1) $32,500,000 of the state building construction account appropriation in this section shall be deposited into and is hereby appropriated from the habitat conservation account for the Washington wildlife and recreation program as established under chapter 43.98A RCW. $28,025,800 of the state building construction account appropriation and all of the aquatic lands enhancement account appropriation shall be deposited into and is hereby appropriated from the state outdoor recreation account for the Washington wildlife and recreation program as established under chapter 43.98A RCW.
(2) $1,000,000 of the outdoor recreation account appropriation shall be expended for nonhighway projects ((and shall be included in the calculation of expenditure limitations in RCW 46.09.170(1)(d)(iii))).
(3) $1,000,000 of the outdoor recreation account appropriation shall be expended for marine recreation and water access projects and shall be part of the distribution of RCW 43.99.080(2).
(4) $2,028,000 of the outdoor recreation account appropriation shall be expended for marine recreation and water access projects and shall be part of the distribution of RCW 43.99.080(1).
(5) All land acquired by a state agency with moneys from this appropriation shall comply with class A, B, and C weed control provisions of chapter 17.10 RCW.
(6) The following projects are deleted from the approved list of projects established under chapter 43.98A RCW: (((a))) That portion of mule deer winter range (project number 92-638A) other than mule deer migration corridors in the Methow Valley.
(7) The legislature hereby approves, without exception, the governor's approved project list for fiscal year 1995 submitted to the legislature in January 1994.
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 60,525,800
ORA--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . .$ 4,028,200
Aquatic Lands Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 446,000
Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 65,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 200,000,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 265,000,000
NEW SECTION. Sec. 61. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Mount Spokane trail development (95-2-006)
Appropriation:
ORA--Federal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .$ 125,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 125,000
Sec. 62. 1993 sp.s. c 22 s 474 (uncodified) is amended to read as follows:
FOR THE STATE CONSERVATION COMMISSION
Water quality account projects: Provides grants to local conservation districts for resource conservation projects (90-2-001)
The appropriations in this section are subject to the following conditions and limitations: $3,000,000 is provided solely for technical assistance and grants for dairy waste management and facility planning and implementation.
Reappropriation:
Water Quality Acct--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((348,652))
659,670
Appropriation:
Water Quality Acct--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,224,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .$ ((1,791,348))
1,480,330
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 9,120,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ ((13,484,000))
16,484,000
Sec. 63. 1993 sp.s. c 22 s 475 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF FISHERIES
Towhead Island public access renovation (86-3-028)
((The appropriation in this section is subject to the conditions and limitations of section 1017(2) (a) and (b) of this act.)) If the reappropriation in this section is not expended by June 30, 1995, it shall lapse.
Reappropriation:
ORA--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . .$ 190,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 21,000
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 211,000
Sec. 64. 1993 sp.s. c 22 s 476 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF FISHERIES
Shorefishing access (88-5-018)
((The appropriation in this section is subject to the conditions and limitations of section 1017(2) (a) and (b) of this act.)) If the reappropriation in this section is not expended by June 30, 1995, it shall lapse.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 400,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 671,946
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 1,071,946
Sec. 65. 1993 sp.s. c 22 s 477 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF FISHERIES
Ilwaco boat access expansion (90-2-023)
((The appropriation in this section is subject to the conditions and limitations of section 1017(2) (a) and (b) of this act.)) If the reappropriation in this section is not expended by June 30, 1995, it shall lapse.
Reappropriation:
ORA--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . .$ 300,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 300,000
NEW SECTION. Sec. 66. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE DEPARTMENT OF FISHERIES
Puget Sound recreational salmon and marine fish enhancement program: Acquire sites for and construct two rearing ponds (94-2-015)
Appropriation:
Recreation Fish Enhancement--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 300,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 300,000
Sec. 67. 1993 sp.s. c 22 s 507 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF WILDLIFE
Fishing access area redevelopment (94-1-003)
((The appropriation in this section is subject to the conditions and limitations of section 1017(2) (a) and (b) of this act.)) If the reappropriation in this section is not expended by June 30, 1995, it shall lapse.
Reappropriation:
Wildlife Acct--Federal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 107,000
ORA--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 959,000
Subtotal Reappropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .$ 1,066,000
Appropriation:
ORA--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ ((887,000))
126,000
Wildlife Acct--Federal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 500,000
Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,387,000))
626,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .$ 1,456,000
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 7,333,400
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ ((10,176,400))
10,481,400
Sec. 68. 1993 sp.s. c 22 s 518 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF WILDLIFE
Grandy Creek hatchery (92-5-024)
Expenditure of the appropriation in this section is contingent on an in-kind match of dollars or services from nonstate sources equal to at least $200,000. No additional funds may be spent after the effective date of this act until the department has completed the study required under section 508, chapter 22, Laws of 1993 sp. sess. Furthermore, expenditures made from this appropriation shall be for a facility which is operated in conformance with the department's genetic stocking model, wild salmonid policy, and steelhead management plan.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 4,500,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 184,166
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 4,684,166
Sec. 69. 1993 sp.s. c 22 s 519 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF WILDLIFE
((Gloyd Seeps)) Warm Water Fish ((Hatchery)) Facility: For the purchase and development of ((the)) property in eastern or central Washington by the Department of Wildlife
The appropriation in this section is subject to the following conditions and limitations:
(1) The department shall give highest priority to purchasing the Gloyd Seeps fish hatchery. However, if it is not economically feasible to do so, the department may purchase and develop alternative property in the eastern or central Washington area;
(2) The appropriation from the wildlife-state account is provided solely for a joint venture for a warm water fish facility on the Hanford Reservation; and
(3) The appropriations in this section shall not be expended for the purchase of property until the Department of Wildlife has made a determination that:
(((1))) (a) The water rights to the property being transferred to the Department of Wildlife, as part of the purchase agreement, are sufficient to operate the hatchery; and
(((2))) (b) The operation of a warm water fish hatchery on the property is feasible.
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ ((1,870,000))
1,262,000
Wildlife Acct--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 38,000
Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,300,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ ((1,870,000))
1,300,000
Sec. 70. 1993 sp.s. c 22 s 603 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ((TRANSPORTATION)) WILDLIFE
Funds to continue Mt. St. Helens recovery program (87-1-001)
((Reappropriation)) Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 370,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 5,579,161
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 5,949,161
Sec. 71. 1993 sp.s. c 22 s 515 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF WILDLIFE
Regional office construction (94-2-010)
Appropriation:
Wildlife Acct—State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((138,000))
100,000
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 38,000
Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 138,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 138,000
PART 4
EDUCATION
Sec. 72. 1993 sp.s. c 22 s 708 (uncodified) is amended to read as follows:
FOR THE STATE BOARD OF EDUCATION
Common schools: Design and construction (94-2-001)
The appropriations in this subsection are subject to the following conditions and limitations:
(1) Not more than $106,000,000 ((of)) from this appropriation and the appropriation for common school construction in Substitute Senate Bill No. 6244 combined may be obligated in fiscal year 1994 for school district project design and construction.
(2) A maximum of $1,250,000 may be expended for direct costs of state administration of school construction funding.
(3) A maximum of $630,000 may be expended for three full-time equivalent field staff with construction or architectural experience to assist in evaluation of project requests and reviewing information reported by school districts and certifying the building condition data submitted by school districts.
(4) A maximum of $75,000 is provided solely for development of an automated state inventory and facility condition management database. This database shall utilize information obtained through implementation of the new priority system developed in the 1991-93 biennium and periodic updating.
(5) Projects approved for state assistance by the state board after the effective date of this section, in which new construction will be in lieu of modernization of an existing instructional facility or space, shall receive state assistance only if the district certifies that the existing facility or space will not be used for instructional purposes, and that the facility or space will be ineligible for any future state financial assistance. Further, if the district does return the facility or space to instructional purposes, the district shall become ineligible for state construction financial assistance for a period of at least five years as determined by the state board of education. The state board shall adopt regulations to implement this subsection.
(6) The state board of education and the department of health shall cooperatively develop a plan for implementation of a program to improve air quality in new and modernized school facilities. The plan shall be presented to the governor and the appropriate program and fiscal committees of the legislature by January 15, 1995, and shall include, at a minimum, the following:
(a) A pilot project or projects for development of air quality monitoring parameters and indicator standards, standards for construction materials and interior finishes and furnishings, and ventilation system operating and maintenance requirements;
(b) A proposed time frame for the pilot project or projects and for adoption of any rules or regulations to implement the air quality program; and
(c) An outline of proposed jurisdictional responsibilities for development and enforcement of school air quality rules and regulations. To the extent possible, the program shall provide for enforcement of air quality standards and requirements by local public health departments in conjunction with existing educational facility health and safety standards.
The state board of education and the department of health shall consider air quality standards or procedures adopted by other agencies or states in developing the air quality program under this section.
Appropriation:
Common School Constr Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((233,179,000))
180,879,000
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ 4,821,000
Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((238,000,000))
185,700,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ ((238,000,000))
185,700,000
Sec. 73. 1993 sp.s. c 22 s 731 (uncodified) is amended to read as follows:
FOR THE UNIVERSITY OF WASHINGTON
Parrington Hall exterior and seismic repair (92-3-018)
The appropriation in this section shall not be expended until the capital project review requirements of section 1015, chapter 22, Laws of 1993 sp. sess. have been met.
Reappropriation:
UW Bldg Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ ((1,675,000))
1,646,126
Appropriation:
UW Bldg Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 3,513,499
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .$ ((80,000))
112,875
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ ((1,759,000))
5,272,500
Sec. 74. 1993 sp.s. c 22 s 733 (uncodified) is amended to read as follows:
FOR THE UNIVERSITY OF WASHINGTON
Denny Hall exterior repair (92-3-020)
Reappropriation:
UW Bldg Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ ((1,550,000))
2,868
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .$ 835,508
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ ((2,385,508))
838,376
Sec. 75. 1993 sp.s. c 22 s 745 (uncodified) is amended to read as follows:
FOR THE UNIVERSITY OF WASHINGTON
((Branch campuses (94-2-500))) Tacoma branch campus (94-2-500)
The appropriation in this section is subject to the following conditions and limitations:
(1) No money from this appropriation may be expended that would be inconsistent with the recommendations of the higher education coordinating board.
(2) The appropriation in this section shall not be expended until the capital project review requirements of section 1015 of this act and the allotment requirements of section 1016 of this act have been met.
(((3) Of the appropriation in this section, $23,000,000 is provided for the Bothell branch campus. The remaining $30,983,320 is provided for the Tacoma branch campus.))
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ 8,741,680
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ ((53,983,320))
30,983,320
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $((106,000,000))
0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ ((168,725,000))
39,725,000
NEW SECTION. Sec. 76. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE UNIVERSITY OF WASHINGTON
Bothell branch campus
The appropriation in this section is subject to the following conditions and limitations:
(1) No money from this appropriation may be expended that would be inconsistent with the recommendations of the higher education coordinating board.
(2) The appropriation in this section shall not be expended until the capital project review requirements of section 1015, chapter 22, Laws of 1993 sp. sess. and the allotment requirements of section 1016, chapter 22, Laws of 1993 sp. sess. have been met.
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 2,290,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 4,463,419
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 6,753,419
Sec. 77. 1993 sp.s. c 22 s 757 (uncodified) is amended to read as follows:
FOR WASHINGTON STATE UNIVERSITY
Veterinary teaching hospital construction: To construct, equip, and furnish a new teaching hospital for the department of veterinary medicine and surgery (92-2-013)
The ((reappropriation)) appropriation in this section shall not be expended until the capital project review requirements of section 1015 of this act have been met.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ 32,310
H Ed Reimb Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 24,947,571
Subtotal Reappropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .$ 24,979,881
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ 7,110,500
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .$ 2,430,703
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ ((27,442,894))
34,521,084
NEW SECTION. Sec. 78. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR EASTERN WASHINGTON UNIVERSITY
Infrastructure project savings (94-1-999)
Projects which are completed in accordance with section 1014, chapter 22, Laws of 1993 sp.s. that have been reviewed by the office of financial management may have their remaining funds transferred to this project for the following purposes: (1) Road and sidewalk repair; (2) roof repair; (3) electrical system repair; (4) steam and utility distribution system repair; (5) plumbing system repair; (6) heating, ventilation, and air conditioning repairs; and (7) emergency repairs due to natural disasters or accidents.
A report of any transfer effected under this section shall be filed with the legislative fiscal committees of the senate and house of representatives by the director of financial management.
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 1
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 1
Sec. 79. 1993 sp.s. c 22 s 791 (uncodified) is amended to read as follows:
FOR EASTERN WASHINGTON UNIVERSITY
Telecommunications: Cable replacement (90-2-004)
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 1,400,000
EWU Cap Proj Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 97,000
Subtotal Reappropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 1,497,000
Appropriation:
EWU Cap Proj Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 1,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 1,087,392
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 3,584,392
Sec. 80. 1993 sp.s. c 22 s 808 (uncodified) is amended to read as follows:
FOR CENTRAL WASHINGTON UNIVERSITY
Psychology animal research facility (90-1-060)
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 80,000
Appropriation:
CWU Cap Proj Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 200,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ ((1,620,000))
1,935,848
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ ((1,700,000))
2,215,848
Sec. 81. 1993 sp.s. c 22 s 813 (uncodified) is amended to read as follows:
FOR CENTRAL WASHINGTON UNIVERSITY
Barge Hall remodel (92-2-001)
The appropriation in this section shall not be expended until the capital project review requirements of section 1015 of this act have been met.
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ ((2,550,000))
2,425,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .$ ((9,031,970))
9,598,398
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ ((11,581,970))
12,023,398
NEW SECTION. Sec. 82. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR CENTRAL WASHINGTON UNIVERSITY
Infrastructure project savings (94-1-999)
Projects which are completed in accordance with section 1014, chapter 22, Laws of 1993 sp.s. that have been reviewed by the office of financial management may have their remaining funds transferred to this project for the following purposes: (1) Road and sidewalk repair; (2) roof repair; (3) electrical system repair; (4) steam and utility distribution system repair; (5) plumbing system repair; (6) heating, ventilation, and air conditioning repairs; and (7) emergency repairs due to natural disasters or accidents.
A report of any transfer effected under this section shall be filed with the legislative fiscal committees of the senate and house of representatives by the director of financial management.
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 1
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 1
NEW SECTION. Sec. 83. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR CENTRAL WASHINGTON UNIVERSITY
Hertz Hall Structural Repairs (94-1-012)
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 125,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 125,000
NEW SECTION. Sec. 84. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR WESTERN WASHINGTON UNIVERSITY
Infrastructure project savings (94-1-999)
Projects which are completed in accordance with section 1014, chapter 22, Laws of 1993 sp.s. that have been reviewed by the office of financial management may have their remaining funds transferred to this project for the following purposes: (1) Road and sidewalk repair; (2) roof repair; (3) electrical system repair; (4) steam and utility distribution system repair; (5) plumbing system repair; (6) heating, ventilation, and air conditioning repairs; and (7) emergency repairs due to natural disasters or accidents.
A report of any transfer effected under this section shall be filed with the legislative fiscal committees of the senate and house of representatives by the director of financial management.
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 1
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 1
NEW SECTION. Sec. 85. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE WASHINGTON STATE HISTORICAL SOCIETY
Capital Museum boiler replacement (94-1-003)
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 14,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 14,000
NEW SECTION. Sec. 86. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE EASTERN WASHINGTON STATE HISTORICAL SOCIETY
Campbell House restoration (86-1-002)
Reappropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 130,500
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 130,500
NEW SECTION. Sec. 87. A new section is added to 1993 sp.s. c 22 to read as follows:
FOR THE EASTERN WASHINGTON STATE HISTORICAL SOCIETY
Cheney Cowles Museum: Emergency roof repair (94-1-001)
Appropriation:
St Bldg Constr Acct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 20,800
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . $ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . $ 20,800
PART 5
MISCELLANEOUS
Sec. 88. 1993 sp.s. c 22 s 1002 (uncodified) is amended to read as follows:
ACQUISITION OF PROPERTIES AND FACILITIES THROUGH FINANCIAL CONTRACTS. The following agencies may enter into financial contracts, paid for from operating revenues, for the purposes indicated and in not more than the principal amounts indicated, plus financing expenses and required reserves pursuant to chapter 39.94 RCW. When securing properties under this section, agencies shall use the most economical financial contract option available, including long-term leases, lease-purchase agreements, lease-development with option to purchase agreements, or financial contracts using certificates of participation. The director of general administration shall ensure that the clustering of state facilities and the collocation and consolidation of state agencies takes place where such configurations are economical and consistent with agency space needs. Agencies shall assist the department of general administration with facility collocation and consolidation efforts.
(1) Department of social and health services:
(a) Lease-develop with option to purchase or lease-purchase a new West Seattle customer service office to combine staff currently housed in three locations for $6,000,000. The department of social and health services and the employment security department shall evaluate collocation in this facility;
(b) Lease-develop the remodeling and expansion of the Mt. Vernon multiservice center for $3,000,000;
(c) Enter into a long-term lease with option to purchase the existing facility used by the office of revenue collections in Olympia for $11,000,000;
(d) Lease-develop with option to purchase or lease-purchase expanded office space for the office of revenue collections in Olympia for $11,000,000;
(e) Lease-develop with option to purchase or lease-purchase space for consolidation of Thurston county service delivery programs for $13,000,000. The department of social and health services and the employment security department shall evaluate collocation in this facility. The department shall follow the established office of financial management predesign process and receive approval from the office of financial management before initiating design of the project; and
(f) Lease-develop with option to purchase or lease-purchase space for consolidation of department programs in south Grays Harbor county for $1,800,000. The department shall consider collocation with other state agencies in this facility.
(2) Department of ecology: Lease-purchase the eastern regional office facility currently leased by the department for $2,300,000.
(3) Department of general administration:
(a) Lease-purchase and upgrade an existing building, and purchase adjacent property and develop a new building in Yakima for a state government service center for $24,800,000;
(b) Lease-purchase the 9th and Columbia, 13th and Jefferson, and Capital Plaza buildings in Olympia for $11,100,000. The department shall prepare an engineering evaluation, cost-benefit study, and life-cycle cost analysis reviewing the maintenance, utility, and future renovation costs for each building. The authority to acquire the buildings is contingent on approval of these studies by the office of financial management; and
(c) Refinance and upgrade the 600 Franklin street building in Olympia for $527,000.
(4) Department of corrections:
(a) Lease-purchase property from the department of natural resources at the Cedar Creek, Indian Ridge, Larch, and Olympic correctional centers for $1,000,000;
(b) Lease-develop with option to purchase or lease-purchase 296 work release beds in facilities located throughout the state for $9,898,758.
(5) Western Washington University: Lease-purchase property adjacent to the campus for future expansion for $5,000,000.
(6) Community and technical colleges:
(a) Lease-develop or lease-purchase off-campus program space for Clark College for $6,000,000;
(b) Enter into a long-term lease for Green River Community College off-campus programs for approximately $143,700 during the 1993-95 biennium;
(c) Lease-purchase 1.66 acres of land adjacent to Lake Washington Technical College for $500,000;
(d) Lease-purchase a facility to provide instructional, meeting, and office space for Skagit Valley Community College on San Juan Island for $600,000;
(e) Lease-purchase property on Whidbey Island for program space for Skagit Valley Community College for $252,000;
(f) Lease-develop or lease-purchase space for the carpentry and electrical apprentice programs for Wenatchee Valley College for $250,000;
(g) Lease-purchase 6 acres of property contiguous to Wenatchee Valley College for $265,000;
(h) Lease-develop with option to purchase or lease-purchase expanded classroom space for Yakima Valley College in Ellensburg for $625,000;
(i) Lease-develop or lease-purchase a central data processing and telecommunications facility to serve the 33 community and technical colleges for $5,000,000 subject to approval of the office of financial management; ((and))
(j) Lease-purchase 55 acres adjacent to Green River Community College for $200,000((.));
(k) Acquire 5.13 acres contiguous to the eastern boundary of the Skagit Valley College campus, valued at $250,000, for future expansion of the campus as identified in the Skagit Valley College master plan;
(l) Acquire the South Annex property, a 23,000 square-foot building adjacent to the Seattle Central Community College campus, valued at $2,250,000, for continued use as instructional space for Seattle Central Community College programs;
(m) Acquire a residence that abuts the Bellevue Community College campus, valued at $180,000, for use as an English language center and long-term campus expansion;
(n) Acquire improved instructional and work force training facilities for Spokane Community College in Colville, valued at up to $1,500,000, in exchange for existing community college facilities in Colville valued at $1,250,000;
(o) Acquire 6.69 acres contiguous to the South Puget Sound Community College campus, valued at up to $1,500,000, for future campus expansion;
(p) Enter into a financing contract on behalf of Whatcom Community College in the amount of $1,200,000, plus financing expenses and reserves pursuant to chapter 39.94 RCW, for the construction of a $2,000,000 multi-purpose/physical education facility on the Whatcom Community College campus. Whatcom Community College shall provide the balance of project costs in local funds;
(q) Enter into a financing contract on behalf of Tacoma Community College in the amount of $1,000,000, plus financing expenses and reserves pursuant to chapter 39.94 RCW for construction of a $1,500,000 bookstore addition to the Tacoma Community College student center. Tacoma Community College shall provide the balance of project costs in local funds;
(r) Enter into a financing contract on behalf of Columbia Basin College in the amount of $3,000,000, plus financing expenses and reserves pursuant to chapter 39.94 RCW, for construction of a $4,000,000 work force/vocational training facility. Columbia Basin College shall provide the balance of project costs in local funds; and
(s) Enter into a financing contract on behalf of Shoreline Community College in the amount of $400,000, plus financing expenses and reserves pursuant to chapter 39.94 RCW, for construction of a $3,500,000 vocational art facility. The balance of the construction funds are currently appropriated in the capital budget.
(7) Employment security department: Enter into a long-term lease for the 19,000 square-foot Lakewood Job Service Center, $1,600,000, for approximately $150,000 during the 1993-95 biennium.
Sec. 89. 1993 sp.s. c 22 s 1011 (uncodified) is amended to read as follows:
(1) Unless otherwise stated, for all appropriations under this act that require a match of nonstate money or in-kind contributions, the following requirement, consistent with RCW 43.88.150, shall apply: Expenditures of state money shall be timed so that the state share of project expenditures never exceeds the intended state share of total project costs.
(2) Unless otherwise expressly required, a full match of nonstate funds is not required to permit the expenditure of state funds for phased projects if nonstate funds are provided in an amount sufficient to complete each phase of the project in the same proportion as required of the project as a whole.
NEW SECTION. Sec. 90. 1993 sp.s. c 22 s 101 (uncodified) is repealed.
NEW SECTION. Sec. 91. 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 shall take effect immediately.
Signed by Representatives Wang, Chair; Ogden, Vice Chair; Sehlin, Ranking Minority Member; McMorris, Assistant Ranking Minority Member; Brough; Eide; R. Fisher; Jacobsen; Jones; Moak; Romero; Silver; Sommers and B. Thomas.
MINORITY recommendation: Do not pass. Signed by Representative Heavey.
Passed to Committee on Rules for second reading.
February 24, 1994
SSB 6264 Prime Sponsor, Committee on Natural Resources: Authorizing a regional compact for restoring salmon runs. Reported by Committee on Fisheries & Wildlife
MAJORITY recommendation: Do pass. Signed by Representatives King, Chair; Fuhrman, Ranking Minority Member; Sehlin, Assistant Ranking Minority Member; Basich; Chappell; Foreman; Quall and Scott.
Excused: Representative Orr; Vice Chair.
Passed to Committee on Rules for second reading.
February 25, 1994
SB 6266 Prime Sponsor, Haugen: Authorizing sewer district commissioners of a merged district to fulfill their terms of office. Reported by Committee on Local Government
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 56.32.110 and 1975 1st ex.s. c 86 s 8 are each amended to read as follows:
If at the election a majority of the voters of the merging sewer district shall vote in favor of the merger, the county canvassing board of the county the auditor of which conducted the election shall so declare in its canvass and the return of the election shall be made within ten days after the date thereof. Upon the return the merger shall be effective and the merging sewer district shall cease to exist and shall become a part of the merger sewer district. The sewer commissioners of the merging district shall ((cease to hold office and the affairs of the merged districts shall be managed by the sewer commissioners of the merger district.)) hold office as commissioners of the new consolidated sewer district until their respective terms of office expire or until they resign from office or these positions otherwise become vacant. If such a resignation or vacancy occurs, a person shall not be appointed to fill the vacancy."
Signed by Representatives H. Myers, Chair; Springer, Vice Chair; Edmondson, Ranking Minority Member; Reams, Assistant Ranking Minority Member; Dunshee; R. Fisher; Horn; Moak; Rayburn; Van Luven and Zellinsky.
Passed to Committee on Rules for second reading.
February 25, 1994
SSB 6283 Prime Sponsor, Committee on Government Operations: Disclosing real property information. Reported by Committee on Local Government
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. This chapter applies only to residential real property. For purposes of this chapter, residential real property means:
(1) Real property consisting of, or improved by, one to four dwelling units;
(2) A residential condominium as defined in RCW 64.34.020(9), unless the sale is subject to the public offering statement requirement in the Washington condominium act, chapter 64.34 RCW; or
(3) A residential timeshare, as defined in RCW 64.36.010(11), unless subject to written disclosure under the Washington timeshare act, chapter 64.36 RCW.
NEW SECTION. Sec. 2. This chapter does not apply to the following transfers of residential real property:
(1) A foreclosure, deed-in-lieu of foreclosure, or a sale by a lienholder who acquired the residential real property through foreclosure or deed-in-lieu of foreclosure;
(2) A gift or other transfer to a parent, spouse, or child of a transferor or child of any parent or spouse of a transferor;
(3) A transfer between spouses in connection with a marital dissolution;
(4) A transfer where a buyer had an ownership interest in the property within two years of the date of the transfer including, but not limited to, an ownership interest as a partner in a partnership, a limited partner in a limited partnership, a shareholder in a corporation, a leasehold interest, or transfers to and from a facilitator pursuant to a tax deferred exchange;
(5) A transfer of an interest that is less than fee simple, except that the transfer of a vendee's interest under a real estate contract is subject to the requirements of this chapter; and
(6) A transfer made by the personal representative of the estate of the decedent or by a trustee in bankruptcy.
NEW SECTION. Sec. 3. (1) In a transaction for the sale of residential real property, the seller shall, unless the buyer has expressly waived the right to receive the disclosure statement, or unless the transfer is exempt under section 2 of this act, deliver to the buyer a completed real property transfer disclosure statement in the following form:
INSTRUCTIONS TO THE SELLER
Please complete the following form. Do not leave any spaces blank. If the question clearly does not apply to the property write "NA". If the answer is "yes" to any * items, please explain on attached sheets. Please refer to the line number(s) of the question(s) when you provide your explanation(s). For your protection you must date and sign each page of this disclosure statement and each attachment. Delivery of the disclosure statement must occur not later than . . . days (or five days if not filled in) of mutual acceptance of a written contract to purchase between a buyer and a seller.
NOTICE TO THE BUYER
THE FOLLOWING DISCLOSURES ARE MADE BY THE SELLER(S), CONCERNING THE CONDITION OF THE PROPERTY LOCATED AT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
("THE PROPERTY"), LEGALLY DESCRIBED ON ATTACHED EXHIBIT A.
DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME THIS DISCLOSURE FORM IS COMPLETED BY THE SELLER. YOU HAVE . . . BUSINESS DAYS, OR THREE BUSINESS DAYS IF NOT FILLED IN, FROM THE SELLER'S DELIVERY OF THIS SELLER'S DISCLOSURE STATEMENT TO REVOKE YOUR OFFER BY DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF REVOCATION TO THE SELLER, UNLESS YOU WAIVE THIS RIGHT AT OR PRIOR TO ENTERING INTO A SALE AGREEMENT. THE FOLLOWING ARE DISCLOSURES MADE BY THE SELLER AND ARE NOT THE REPRESENTATIONS OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF ANY WRITTEN AGREEMENT BETWEEN THE BUYER AND THE SELLER.
FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF A QUALIFIED SPECIALIST TO INSPECT THE PROPERTY ON YOUR BEHALF, FOR EXAMPLE, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, OR PEST AND DRY ROT INSPECTORS. THE PROSPECTIVE BUYER AND THE OWNER MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION, DEFECTS OR WARRANTIES.
Seller . . . . is/ . . . . is not occupying the property.
I. SELLER'S DISCLOSURES:
*If "Yes" attach a copy or explain. If necessary use an attached sheet.
1. TITLE
[ ]Yes [ ]No [ ]Don't know A. Do you have legal authority to sell the property?
[ ]Yes [ ]No [ ]Don't know *B. Is title to the property subject to any of the following?
(1) First right of refusal
(2) Option
(3) Lease or rental agreement
(4) Life estate?
[ ]Yes [ ]No [ ]Don't know *C. Are there any encroachments, boundary agreements, or boundary disputes?
[ ]Yes [ ]No [ ]Don't know *D. Are there any rights of way, easements, or access limitations that may affect the owner's use of the property?
[ ]Yes [ ]No [ ]Don't know *E. Are there any written agreements for joint maintenance of an easement or right of way?
[ ]Yes [ ]No [ ]Don't know *F. Is there any study, survey project, or notice that would adversely affect the property?
[ ]Yes [ ]No [ ]Don't know *G. Are there any pending or existing assessments against the property?
[ ]Yes [ ]No [ ]Don't know *H. Are there any zoning violations, nonconforming uses, or any unusual restrictions on the subject property that would affect future construction or remodeling?
[ ]Yes [ ]No [ ]Don't know *I. Is there a boundary survey for the property?
[ ]Yes [ ]No [ ]Don't know *J. Are there any covenants, conditions, or restrictions which affect the property?
2. WATER
A. Household Water
(1) The source of the water is [ ]Public [ ]Community [ ]Private [ ]Shared
(2) Water source information:
[ ]Yes [ ]No [ ]Don't know *a. Are there any written agreements for shared water source?
[ ]Yes [ ]No [ ]Don't know *b. Is there an easement (recorded or unrecorded) for access to and/or maintenance of the water source?
[ ]Yes [ ]No [ ]Don't know *c. Are any known problems or repairs needed?
[ ]Yes [ ]No [ ]Don't know *d. Does the source provide an adequate year round supply of potable water?
[ ]Yes [ ]No [ ]Don't know *(3) Are there any water treatment systems for the property? [ ]Leased [ ]Owned
B. Irrigation
[ ]Yes [ ]No [ ]Don't know (1) Are there any water rights for the property?
[ ]Yes [ ]No [ ]Don't know *(2) If they exist, to your knowledge, have the water rights been used during the last five-year period?
[ ]Yes [ ]No [ ]Don't know *(3) If so, is the certificate available?
C. Outdoor Sprinkler System
[ ]Yes [ ]No [ ]Don't know (1) Is there an outdoor sprinkler system for the property?
[ ]Yes [ ]No [ ]Don't know *(2) Are there any defects in the outdoor sprinkler system?
3. SEWER/SEPTIC SYSTEM
A. The property is served by: [ ]Public sewer main, [ ]Septic tank system [ ]Other disposal system (describe)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[ ]Yes [ ]No [ ]Don't know B. If the property is served by a public or community sewer main, is the house connected to the main?
C. If the property is connected to a septic system:
[ ]Yes [ ]No [ ]Don't know (1) Was a permit issued for its construction, and was it approved by the city or county following its construction?
(2) When was it last pumped:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 19. . .
[ ]Yes [ ]No [ ]Don't know *(3) Are there any defects in the operation of the septic system?
[ ]Don't know (4) When was it last inspected?
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 19. . .
By Whom: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[ ]Don't know (5) How many bedrooms was the system approved for?
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . bedrooms
[ ]Yes [ ]No [ ]Don't know *D. Do all plumbing fixtures, including laundry drain, go to the septic/sewer system? If no, explain: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[ ]Yes [ ]No [ ]Don't know *E. Are you aware of any changes or repairs to the septic system?
[ ]Yes [ ]No [ ]Don't know F. Is the septic tank system, including the drainfield, located entirely within the boundaries of the property?
4. STRUCTURAL
[ ]Yes [ ]No [ ]Don't know *A. Has the roof leaked?
[ ]Yes [ ]No [ ]Don't know If yes, has it been repaired?
[ ]Yes [ ]No [ ]Don't know *B. Have there been any conversions, additions, or remodeling?
[ ]Yes [ ]No [ ]Don't know *1. If yes, were all building permits obtained?
[ ]Yes [ ]No [ ]Don't know *2. If yes, were all final inspections obtained?
[ ]Yes [ ]No [ ]Don't know C. Do you know the age of the house? If yes, year of original construction:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[ ]Yes [ ]No [ ]Don't know *D. Do you know of any settling, slippage, or sliding of the house or other improvements? If yes, explain:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[ ]Yes [ ]No [ ]Don't know *E. Do you know of any defects with the following: (Please check applicable items)
□ Foundations □ Decks □ Exterior Walls
□ Chimneys □ Interior Walls □ Fire Alarm
□ Doors □ Windows □ Patio
□ Ceilings □ Slab Floors □ Driveways
□ Pools □ Hot Tub □ Sauna
□ Sidewalks □ Outbuildings □ Fireplaces
□ Garage Floors □ Walkways
□ Other □ Wood Stoves
[ ]Yes [ ]No [ ]Don't know *F. Was a pest or dry rot, structural or "whole house" inspection done? When and by whom was the inspection completed?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[ ]Yes [ ]No [ ]Don't know *G. Since assuming ownership, has your property had a problem with wood destroying organisms and/or have there been any problems with pest control, infestations, or vermin?
5. SYSTEMS AND FIXTURES
If the following systems or fixtures are included with the transfer, do they have any existing defects:
[ ]Yes [ ]No [ ]Don't know *A. Electrical system, including wiring, switches, outlets, and service
[ ]Yes [ ]No [ ]Don't know *B. Plumbing system, including pipes, faucets, fixtures, and toilets
[ ]Yes [ ]No [ ]Don't know *C. Hot water tank
[ ]Yes [ ]No [ ]Don't know *D. Garbage disposal
[ ]Yes [ ]No [ ]Don't know *E. Appliances
[ ]Yes [ ]No [ ]Don't know *F. Sump pump
[ ]Yes [ ]No [ ]Don't know *G. Heating and cooling systems
[ ]Yes [ ]No [ ]Don't know *H. Security system [ ] Owned [ ] Leased
*I. Other. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. COMMON INTEREST
[ ]Yes [ ]No [ ]Don't know A. Is there a Home Owners' Association? Name of Association . . . . . . . . . . . . . .
[ ]Yes [ ]No [ ]Don't know B. Are there regular periodic assessments:
$. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . per [ ] Month [ ] Year
[ ] Other. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[ ]Yes [ ]No [ ]Don't know *C. Are there any pending special assessments?
[ ]Yes [ ]No [ ]Don't know *D. Are there any shared "common areas" or any joint maintenance agreements (facilities such as walls, fences, landscaping, pools, tennis courts, walkways, or other areas co-owned in undivided interest with others)?
7. GENERAL
[ ]Yes [ ]No [ ]Don't know *A. Is there any settling, soil, standing water, or drainage problems on the property?
[ ]Yes [ ]No [ ]Don't know *B. Does the property contain fill material?
[ ]Yes [ ]No [ ]Don't know *C. Is there any material damage to the property or any of the structure from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides?
[ ]Yes [ ]No [ ]Don't know D. Is the property in a designated flood plain?
[ ]Yes [ ]No [ ]Don't know E. Is the property in a designated flood hazard zone?
[ ]Yes [ ]No [ ]Don't know *F. Are there any substances, materials, or products that may be an environmental hazard such as, but not limited to, asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks, and contaminated soil or water on the subject property?
[ ]Yes [ ]No [ ]Don't know *G. Are there any tanks or underground storage tanks (e.g., chemical, fuel, etc.) on the property?
[ ]Yes [ ]No [ ]Don't know *H. Has the property ever been used as an illegal drug manufacturing site?
8. FULL DISCLOSURE BY SELLERS
A. Other conditions or defects:
[ ]Yes [ ]No [ ]Don't know *Are there any other material defects affecting this property or its value that a prospective buyer should know about?
B. Verification:
The foregoing answers and attached explanations (if any) are complete and correct to the best of my/our knowledge and I/we have received a copy hereof. I/we authorize all of my/our real estate licensees, if any, to deliver a copy of this disclosure statement to other real estate licensees and all prospective buyers of the property.
DATE . . . . . . . SELLER . . . . . . . . . SELLER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
II. BUYER'S ACKNOWLEDGMENT
A. As buyer(s), I/we acknowledge the duty to pay diligent attention to any material defects which are known to me/us or can be known to me/us by utilizing diligent attention and observation.
B. Each buyer acknowledges and understands that the disclosures set forth in this statement and in any amendments to this statement are made only by the seller.
C. Buyer (which term includes all persons signing the "buyer's acceptance" portion of this disclosure statement below) hereby acknowledges receipt of a copy of this disclosure statement (including attachments, if any) bearing seller's signature.
DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME OF DISCLOSURE. YOU, THE BUYER, HAVE . . . BUSINESS DAYS (OR THREE BUSINESS DAYS IF NOT FILLED IN) FROM THE SELLER'S DELIVERY OF THIS SELLER'S DISCLOSURE STATEMENT TO REVOKE YOUR OFFER BY DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF REVOCATION TO THE SELLER UNLESS YOU WAIVE THIS RIGHT OF REVOCATION.
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS REAL PROPERTY TRANSFER DISCLOSURE STATEMENT AND ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY.
DATE . . . . . . . BUYER . . . . . . . . . BUYER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The real property transfer disclosure statement shall be for disclosure only, and shall not be considered part of any written agreement between the buyer and seller of residential real property. The real property transfer disclosure statement shall be only a disclosure made by the seller, and not any real estate licensee involved in the transaction, and shall not be construed as a warranty of any kind by the seller or any real estate licensee involved in the transaction.
NEW SECTION. Sec. 4. Unless the buyer has expressly waived the right to receive the disclosure statement, within five business days or as otherwise agreed to, of mutual acceptance of a written agreement between a buyer and a seller for the purchase and sale of residential real property, the seller shall deliver to the buyer a completed, signed, and dated real property transfer disclosure statement. Within three business days, or as otherwise agreed to, of receipt of the real property transfer disclosure statement, the buyer shall have the right to exercise one of the following two options: (1) Approving and accepting the real property transfer disclosure statement; or (2) rescinding the agreement for the purchase and sale of the property, which decision may be made by the buyer in the buyer's sole discretion. If the buyer elects to rescind the agreement, the buyer must deliver written notice of rescission to the seller within the three-business-day period, or as otherwise agreed to, and upon delivery of the written rescission notice the buyer shall be entitled to immediate return of all deposits and other considerations less any agreed disbursements paid to the seller, or to the seller's agent or an escrow agent for the seller's account, and the agreement for purchase and sale shall be void. If the buyer does not deliver a written recision notice to seller within the three-business-day period, or as otherwise agreed to, the real property transfer disclosure statement will be deemed approved and accepted by the buyer.
NEW SECTION. Sec. 5. (1) If, after the date that a seller of residential real property completes a real property transfer disclosure statement, the seller becomes aware of additional information, or an adverse change occurs which makes any of the disclosures made inaccurate, the seller shall amend the real property transfer disclosure statement, and deliver the amendment to the buyer. No amendment shall be required, however, if the seller takes whatever corrective action is necessary so that the accuracy of the disclosure is restored at least three days prior to the closing date. Unless the adverse change is corrected or repaired by the seller prior to the closing date, the buyer shall have the right to exercise one of the following two options: (a) Approving and accepting the amendment, or (b) rescinding the agreement of purchase and sale of the property within three business days after receiving the amended real property transfer disclosure statement. Acceptance or recision shall be subject to the same procedures described in section 4 of this act. If the closing date provided in the purchase and sale agreement is scheduled to occur within the three-day rescission period provided for in this section, the closing date shall be extended until the expiration of the three-day rescission period. The buyer shall have no right of rescission if the seller takes whatever action is necessary so that the accuracy of the disclosure is restored at least three days prior to the closing date.
(2) In the event any act, occurrence, or agreement arising or becoming known after the closing of a residential real property transfer causes a real property transfer disclosure statement to be inaccurate in any way, the seller of such property shall have no obligation to amend the disclosure statement, and the buyer shall not have the right to rescind the transaction under this chapter.
(3) If the seller in a residential real property transfer fails or refuses to provide to the prospective buyer a real property transfer disclosure statement as required under this chapter, the prospective buyer's right of rescission under this section shall apply until the transfer has closed, unless the buyer has otherwise waived the right of rescission in writing. Closing is deemed to occur when the buyer has paid the purchase price, or down payment, and the conveyance document, including a deed or real estate contract, from the seller has been delivered and recorded. After closing, the seller's obligation to deliver the real property transfer disclosure statement and the buyer's rights and remedies under this chapter shall terminate.
NEW SECTION. Sec. 6. (1) The seller of residential real property shall not be liable for any error, inaccuracy, or omission in the real property transfer disclosure statement if the seller had no personal knowledge of the error, inaccuracy, or omission. Unless the seller of residential real property has actual knowledge of an error, inaccuracy, or omission in a real property transfer disclosure statement, the seller shall not be liable for such error, inaccuracy, or omission if the disclosure was based on information provided by public agencies, or by other persons providing information within the scope of their professional license or expertise, including, but not limited to, a report or opinion delivered by a land surveyor, title company, title insurance company, structural inspector, pest inspector, licensed engineer, or contractor.
(2) Any licensed real estate salesperson or broker involved in a residential real property transaction is not liable for any error, inaccuracy, or omission in the real property transfer disclosure statement if the licensee had no personal knowledge of the error, inaccuracy, or omission. Unless the salesperson or broker has actual knowledge of an error, inaccuracy, or omission in a real property transfer disclosure statement, the salesperson or broker shall not be liable for such error, inaccuracy, or omission if the disclosure was based on information provided by public agencies, or by other persons providing information within the scope of their professional license or expertise, including, but not limited to, a report or opinion delivered by a land surveyor, title company, title insurance company, structural inspector, pest inspector, licensed engineer, or contractor.
NEW SECTION. Sec. 7. The legislature finds that the practices covered by this chapter are not matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW.
NEW SECTION. Sec. 8. Nothing in this chapter shall extinguish or impair any rights or remedies of a buyer of real estate against the seller or against any agent acting for the seller otherwise existing pursuant to common law, statute, or contract; nor shall anything in this chapter create any new right or remedy for a buyer of residential real property other than the right of recision exercised on the basis and within the time limits provided in this chapter.
NEW SECTION. Sec. 9. Sections 1 through 8 of this act shall constitute a new chapter in Title 64 RCW.
NEW SECTION. Sec. 10. This act shall take effect on January 1, 1995."
Signed by Representatives H. Myers, Chair; Springer, Vice Chair; Edmondson, Ranking Minority Member; Reams, Assistant Ranking Minority Member; Dunshee; R. Fisher; Horn; Moak; Rayburn; Van Luven and Zellinsky.
Passed to Committee on Rules for second reading.
February 25, 1994
SSB 6316 Prime Sponsor, Committee on Government Operations: Providing minimum qualifications for county sheriffs. Reported by Committee on Local Government
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 36.28.025 and 1979 ex.s. c 153 s 6 are each amended to read as follows:
((A person who files a declaration of candidacy for the office of sheriff after September 1, 1979, shall have, within twelve months of assuming office, a certificate of completion of a basic law enforcement training program which complies with standards adopted by the criminal justice training commission pursuant to RCW 43.101.080 and 43.101.160.
This requirement does not apply to persons holding the office of sheriff in any county on September 1, 1979.)) (1) On and after November 9, 1994, except as otherwise provided in this section, no person is eligible to be a candidate for sheriff or hold the office of sheriff and no person may be elected or appointed to the office of sheriff or continue to hold the office of sheriff unless at the time of filing the person:
(a) Is a registered voter in the county in which the candidate is filing;
(b) Has been awarded a high school diploma or a recognized equivalent of a high school diploma;
(c) Has not been convicted of or pleaded guilty to a felony under the laws of this state, another state, or the United States;
(d) Has not been convicted of a gross misdemeanor or any crime involving moral turpitude within the past ten years;
(e) Has been fingerprinted by the state patrol within the last sixty days;
(f) Has a certificate of completion of a basic law enforcement training program which complies with standards adopted by the criminal justice training commission pursuant to RCW 43.101.080. Completion of the state patrol's academy shall constitute meeting the standards set by the criminal justice training commission. If the certificate of completion is not obtained prior to the date of assuming office, the person shall have twelve months after assuming office to obtain the certificate of completion. The criminal justice training commission shall not require a newly elected or appointed sheriff to participate in the physical training portion of basic law enforcement training. This subsection does not apply to any persons holding the office of sheriff in any county on September 1, 1994;
(g) Has completed at least three years of full-time law enforcement employment involving enforcement responsibilities with a government law enforcement agency.
This subsection shall be waived for any candidate filing during a special filing period when after the regular filing period no one qualified under this section has filed to run for the office of sheriff. When an appointment is being made to the office of sheriff, the appointing authority must seek individuals who are qualified under this section. However, this section may be waived when there are no applicants who meet these requirements.
(2)(a) If the county auditor determines that a candidate does not meet the qualifications described in subsection (1) of this section, and does not qualify for the waiver in subsection (1)(g) of this section, the county auditor shall disqualify the candidate and the name of the disqualified candidate shall not appear on the general election ballot. If election ballots for the office have been ordered, votes cast for the disqualified candidate at the general election for the office shall not be counted for that office.
(b) The county prosecutor or any interested citizen may bring an action in superior court to declare the office of sheriff vacant if the sheriff does not meet the qualifications described in subsection (1) of this section.
(3) Every sheriff must obtain thirty training hours of continuing education each year as certified, or otherwise approved, by the criminal justice training commission.
(4) For the purposes of this section, "county auditor" has the meaning provided in RCW 29.01.043.
(5) The Washington state patrol shall search local, state, and national fingerprint files to disclose any criminal record as described in subsection (1) (c) and (d) of this section. If such an offense is discovered, the state patrol shall notify the county auditor for the county in which the sheriff candidate is running or holds office."
Signed by Representatives H. Myers, Chair; Springer, Vice Chair; Edmondson, Ranking Minority Member; Reams, Assistant Ranking Minority Member; Moak and Rayburn.
MINORITY recommendation: Do not pass. Signed by Representatives Dunshee; R. Fisher; Horn; Van Luven and Zellinsky.
Passed to Committee on Rules for second reading.
February 24, 1994
ESSB 6339 Prime Sponsor, Committee on Ecology & Parks: Facilitating growth management planning and decisions, integration with related environmental laws, and improving procedures for cleanup of hazardous waste sites. Reported by Committee on Environmental Affairs
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 36.70A.270 and 1991 sp.s. c 32 s 7 are each amended to read as follows:
Each growth planning hearings board shall be governed by the following rules on conduct and procedure:
(1) Any board member may be removed for inefficiency, malfeasance, and misfeasance in office, under specific written charges filed by the governor. The governor shall transmit such written charges to the member accused and the chief justice of the supreme court. The chief justice shall thereupon designate a tribunal composed of three judges of the superior court to hear and adjudicate the charges. Removal of any member of a board by the tribunal shall disqualify such member for reappointment.
(2) Each board member shall receive reimbursement for travel expenses incurred in the discharge of his or her duties in accordance with RCW 43.03.050 and 43.03.060. If it is determined that the review boards shall operate on a full-time basis, each member shall receive an annual salary to be determined by the governor pursuant to RCW 43.03.040. If it is determined that a review board shall operate on a part-time basis, each member shall receive compensation pursuant to RCW 43.03.250, provided such amount shall not exceed the amount that would be set if they were a full-time board member. The principal office of each board shall be located by the governor within the jurisdictional boundaries of each board. The boards shall operate on either a part-time or full-time basis, as determined by the governor.
(3) Each board member shall not: (a) Be a candidate for or hold any other public office or trust; (b) engage in any occupation or business interfering with or inconsistent with his or her duty as a board member; and (c) for a period of one year after the termination of his or her board membership, act in a representative capacity before the board on any matter.
(4) A majority of each board shall constitute a quorum for making orders or decisions, adopting rules necessary for the conduct of its powers and duties, or transacting other official business, and may act even though one position of the board is vacant. One or more members may hold hearings and take testimony to be reported for action by the board when authorized by rule or order of the board. The board shall perform all the powers and duties specified in this chapter or as otherwise provided by law.
(5) The board may ((also)) appoint ((as its authorized agents)) one or more hearing examiners to assist the board in ((the performance of)) its hearing function ((pursuant to the authority contained in the administrative procedure act, chapter 34.05 RCW)), to make conclusions of law and findings of fact and, if requested by the board, to make recommendations to the board for decisions in cases before the board. Such hearing examiners must have demonstrated knowledge of land use planning and law. The boards shall specify in their joint rules of practice and procedure, as required by subsection (7) of this section, the procedure and criteria to be employed for designating hearing examiners as a presiding officer. Hearing examiners selected by a board shall meet the requirements of subsection (3) of this section. The findings and conclusions of the hearing examiner shall not become final until they have been formally approved by the board. ((Such hearing examiners must have demonstrated knowledge of land use planning and law. The board shall perform all the powers and duties specified in this chapter or as otherwise provided by law.
(5))) This authorization to use hearing examiners does not waive the requirement of RCW 36.70A.300 that final orders be issued within one hundred eighty days of board receipt of a petition.
(6) Each board shall make findings of fact and prepare a written decision in each case decided by it, and such findings and decision shall be effective upon being signed by two or more members of the board and upon being filed at the board's principal office, and shall be open for public inspection at all reasonable times.
(((6))) (7) All proceedings before the board ((or)), any of its members, or a hearing examiner appointed by the board shall be conducted in accordance with such administrative rules of practice and procedure as the boards jointly prescribe. All three boards shall jointly meet to develop and adopt joint rules of practice and procedure, including rules regarding expeditious and summary disposition of appeals. The boards shall publish such rules and arrange for the reasonable distribution of the rules. The administrative procedure act, chapter 34.05 RCW, shall govern the administrative rules of practice and procedure adopted by the boards.
(((7))) (8) A board member or hearing examiner is subject to disqualification for bias, prejudice, interest, or any other cause for which a judge is disqualified. The joint rules of practice of the boards shall establish procedures by which a party to a hearing conducted before the board may file with the board a motion to disqualify, with supporting affidavit, against a board member or hearing examiner assigned to preside at the hearing.
(9) The members of the boards shall meet jointly on at least an annual basis with the objective of sharing information that promotes the goals and purposes of this chapter.
Sec. 2. RCW 36.70A.290 and 1991 sp.s. c 32 s 10 are each amended to read as follows:
(1) All requests for review to a growth planning hearings board shall be initiated by filing a petition that includes a detailed statement of issues presented for resolution by the board.
(2) All petitions relating to whether or not an adopted comprehensive plan, development regulation, or permanent amendment thereto, is in compliance with the goals and requirements of this chapter or chapter 43.21C RCW must be filed within sixty days after publication by the legislative bodies of the county or city. The date of publication for a city shall be the date the city publishes the ordinance, or summary of the ordinance, adopting the comprehensive plan or development regulations, or amendment thereto, as is required to be published. Promptly after adoption, a county shall publish a notice that it has adopted the comprehensive plan or development regulations, or amendment thereto. The date of publication for a county shall be the date the county publishes the notice that it has adopted the comprehensive plan or development regulations, or amendment thereto.
(3) Unless the board dismisses the petition as frivolous or finds that the person filing the petition lacks standing, the board shall, within ten days of receipt of the petition, set a time for hearing the matter.
(4) The board shall base its decision on the record developed by the city, county, or the state and supplemented with additional evidence if the board determines that such additional evidence would be necessary or of substantial assistance to the board in reaching its decision.
(5) The board, shall consolidate, when appropriate, all petitions involving the review of the same comprehensive plan or the same development regulation or regulations.
NEW SECTION. Sec. 3. A new section is added to chapter 36.70A RCW to read as follows:
Development regulations adopted pursuant to RCW 36.70A.040 shall establish time periods for local government actions on specific development permit applications and provide timely and predictable procedures to determine whether a completed development permit application meets the requirements of those development regulations. Such development regulations shall specify the contents of a completed development permit application necessary for the application of such time periods and procedures.
NEW SECTION. Sec. 4. A new section is added to chapter 36.70A RCW to read as follows:
Each city and county planning pursuant to RCW 36.70A.040 shall, within twenty working days of receiving a development permit application as defined in RCW 36.70A.030(7), mail or provide in person a written notice to the applicant, stating either: That the application is complete; or that the application is incomplete and what is necessary to make the application complete. To the extent known by the city or county, the notice shall identify other agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application.
Sec. 5. RCW 36.70A.030 and 1990 1st ex.s. c 17 s 3 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Adopt a comprehensive land use plan" means to enact a new comprehensive land use plan or to update an existing comprehensive land use plan.
(2) "Agricultural land" means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, or livestock, and that has long-term commercial significance for agricultural production.
(3) "City" means any city or town, including a code city.
(4) "Comprehensive land use plan," "comprehensive plan," or "plan" means a generalized coordinated land use policy statement of the governing body of a county or city that is adopted pursuant to this chapter.
(5) "Critical areas" include the following areas and ecosystems: (a) Wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas.
(6) "Department" means the department of community, trade, and economic development.
(7) For purposes of sections 3 and 4 of this act, "development permit application" means any application for a development proposal for a use that could be permitted under a plan adopted pursuant to this chapter and is consistent with the underlying land use and zoning, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses or other applications pertaining to land uses, but shall not include rezones, proposed amendments to comprehensive plans or the adoption or amendment of development regulations.
(8) "Development regulations" means any controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances.
(((8))) (9) "Forest land" means land primarily useful for growing trees, including Christmas trees subject to the excise tax imposed under RCW 84.33.100 through 84.33.140, for commercial purposes, and that has long-term commercial significance for growing trees commercially.
(((9))) (10) "Geologically hazardous areas" means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns.
(((10))) (11) "Long-term commercial significance" includes the growing capacity, productivity, and soil composition of the land for long-term commercial production, in consideration with the land's proximity to population areas, and the possibility of more intense uses of the land.
(((11))) (12) "Minerals" include gravel, sand, and valuable metallic substances.
(((12))) (13) "Public facilities" include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools.
(((13))) (14) "Public services" include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services.
(((14))) (15) "Urban growth" refers to growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of such land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources. When allowed to spread over wide areas, urban growth typically requires urban governmental services. "Characterized by urban growth" refers to land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth.
(((15))) (16) "Urban growth areas" means those areas designated by a county pursuant to RCW 36.70A.110.
(((16))) (17) "Urban governmental services" include those governmental services historically and typically delivered by cities, and include storm and sanitary sewer systems, domestic water systems, street cleaning services, fire and police protection services, public transit services, and other public utilities associated with urban areas and normally not associated with nonurban areas.
(((17))) (18) "Wetland" or "wetlands" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. However, wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands, if permitted by the county or city.
Sec. 6. RCW 58.17.330 and 1977 ex.s. c 213 s 4 are each amended to read as follows:
(1) As an alternative to those provisions of this chapter requiring a planning commission to hear and issue recommendations for plat approval, the county or city legislative body may adopt a hearing examiner system and shall specify by ordinance the legal effect of the decisions made by the examiner. Except as provided in subsection (2) of this section, the legal effect of such decisions shall include one of the following:
(((1))) (a) The decision may be given the effect of a recommendation to the legislative body;
(((2))) (b) The decision may be given the effect of an administrative decision appealable within a specified time limit to the legislative body.
The legislative authority shall prescribe procedures to be followed by a hearing examiner.
(2) The legislative body shall specify the legal effect of a hearing examiner's procedural determination under the state environmental policy act, as defined in RCW 43.21C.075(3)(a). It may have the effect under subsection (1) (a) or (b) of this section, or may be given the effect of a final decision of the legislative body.
(3) Each final decision of a hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Each final decision of a hearing examiner, unless a longer period is mutually agreed to by the applicant and the hearing examiner, shall be rendered within ten working days following conclusion of all testimony and hearings.
Sec. 7. RCW 35A.63.170 and 1977 ex.s. c 213 s 2 are each amended to read as follows:
(1) As an alternative to those provisions of this chapter relating to powers or duties of the planning commission to hear and report on any proposal to amend a zoning ordinance, the legislative body of a city may adopt a hearing examiner system under which a hearing examiner or hearing examiners may hear and decide applications for amending the zoning ordinance when the amendment which is applied for is not of general applicability. In addition, the legislative body may vest in a hearing examiner the power to hear and decide applications for conditional uses, variances or any other class of applications for or pertaining to land uses which the legislative body believes should be reviewed and decided by a hearing examiner. The legislative body shall prescribe procedures to be followed by a hearing examiner. If the legislative authority vests in a hearing examiner the authority to hear and decide variances, then the provisions of RCW 35A.63.110 shall not apply to the city.
Each city legislative body electing to use a hearing examiner pursuant to this section shall by ordinance specify the legal effect of the decisions made by the examiner. Except as provided in subsection (2) of this section, the legal effect of such decisions may vary for the different classes of applications decided by the examiner but shall include one of the following:
(((1))) (a) The decision may be given the effect of a recommendation to the legislative body;
(((2))) (b) The decision may be given the effect of an administrative decision appealable within a specified time limit to the legislative body.
(2) The legislative body shall specify the legal effect of a hearing examiner's procedural determination under the state environmental policy act, as defined in RCW 43.21C.075(3)(a). It may have the effect under subsection (1) (a) or (b) of this section, or may be given the effect of a final decision of the legislative body.
(3) Each final decision of a hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision would carry out and conform to the city's comprehensive plan and the city's development regulations. Each final decision of a hearing examiner, unless a longer period is mutually agreed to in writing by the applicant and the hearing examiner, shall be rendered within ten working days following conclusion of all testimony and hearings.
Sec. 8. RCW 35.63.130 and 1977 ex.s. c 213 s 1 are each amended to read as follows:
(1) As an alternative to those provisions of this chapter relating to powers or duties of the planning commission to hear and report on any proposal to amend a zoning ordinance, the legislative body of a city or county may adopt a hearing examiner system under which a hearing examiner or hearing examiners may hear and decide applications for amending the zoning ordinance when the amendment which is applied for is not of general applicability. In addition, the legislative body may vest in a hearing examiner the power to hear and decide applications for conditional uses, variances, or any other class of applications for or pertaining to land uses which the legislative body believes should be reviewed and decided by a hearing examiner. The legislative body shall prescribe procedures to be followed by the hearing examiner.
Each city or county legislative body electing to use a hearing examiner pursuant to this section shall by ordinance specify the legal effect of the decisions made by the examiner. Except as provided in subsection (2) of this section, the legal effect of such decisions may vary for the different classes of applications decided by the examiner but shall include one of the following:
(((1))) (a) The decision may be given the effect of a recommendation to the legislative body;
(((2))) (b) The decision may be given the effect of an administrative decision appealable within a specified time limit to the legislative body.
(2) The legislative body may specify the legal effect of a hearing examiner's procedural determination under the state environmental policy act, as defined in RCW 43.21C.075(3)(a). It may have the effect under subsection (1) (a) or (b) of this section, or may be given the effect of a final decision of the legislative body.
(3) Each final decision of a hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision would carry out and conform to the city's or county's comprehensive plan and the city's or county's development regulations. Each final decision of a hearing examiner, unless a longer period is mutually agreed to in writing by the applicant and the hearing examiner, shall be rendered within ten working days following conclusion of all testimony and hearings.
Sec. 9. RCW 36.70.970 and 1977 ex.s. c 213 s 3 are each amended to read as follows:
(1) As an alternative to those provisions of this chapter relating to powers or duties of the planning commission to hear and issue recommendations on applications for plat approval and applications for amendments to the zoning ordinance, the county legislative authority may adopt a hearing examiner system under which a hearing examiner or hearing examiners may hear and issue decisions on proposals for plat approval and for amendments to the zoning ordinance when the amendment which is applied for is not of general applicability. In addition, the legislative authority may vest in a hearing examiner the power to hear and decide conditional use applications, variance applications, applications for shoreline permits or any other class of applications for or pertaining to land uses. The legislative authority shall prescribe procedures to be followed by a hearing examiner.
Any county which vests in a hearing examiner the authority to hear and decide conditional uses and variances shall not be required to have a zoning adjuster or board of adjustment.
Each county legislative authority electing to use a hearing examiner pursuant to this section shall by ordinance specify the legal effect of the decisions made by the examiner. Except as provided in subsection (2) of this section , such legal effect may vary for the different classes of applications decided by the examiner but shall include one of the following:
(((1))) (a) The decision may be given the effect of a recommendation to the legislative authority;
(((2))) (b) The decision may be given the effect of an administrative decision appealable within a specified time limit to the legislative authority.
(2) The legislative authority may specify the legal effect of a hearing examiner's procedural determination under the state environmental policy act, as defined in RCW 43.21C.075(3)(a). It may have the effect under subsection (1) (a) or (b) of this section, or may be given the effect of a final decision of the legislative authority.
(3) Each final decision of a hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision would carry out and conform to the county's comprehensive plan and the county's development regulations. Each final decision of a hearing examiner, unless a longer period is mutually agreed to in writing by the applicant and the hearing examiner, shall be rendered within ten working days following conclusion of all testimony and hearings.
Sec. 10. RCW 70.105D.020 and 1989 c 2 s 2 are each amended to read as follows:
(1) "Agreed order" means an order issued by the department under this chapter with which the potentially liable person receiving the order agrees to comply. An agreed order may be used to require or approve any cleanup or other remedial actions but it is not a settlement under RCW 70.105D.040(4) and shall not contain a covenant not to sue, or provide protection from claims for contribution, or provide eligibility for public funding of remedial actions under RCW 70.105D.070(2)(d)(xi).
(2) "Department" means the department of ecology.
(((2))) (3) "Director" means the director of ecology or the director's designee.
(((3))) (4) "Facility" means (a) any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, vessel, or aircraft, or (b) any site or area where a hazardous substance, other than a consumer product in consumer use, has been deposited, stored, disposed of, or placed, or otherwise come to be located.
(((4))) (5) "Federal cleanup law" means the federal comprehensive environmental response, compensation, and liability act of 1980, 42 U.S.C. Sec. 9601 et seq., as amended by Public Law 99-499.
(((5))) (6) "Hazardous substance" means:
(a) Any dangerous or extremely hazardous waste as defined in RCW 70.105.010 (5) and (6), or any dangerous or extremely dangerous waste designated by rule pursuant to chapter 70.105 RCW;
(b) Any hazardous substance as defined in RCW 70.105.010(14) or any hazardous substance as defined by rule pursuant to chapter 70.105 RCW;
(c) Any substance that, on March 1, 1989, is a hazardous substance under section 101(14) of the federal cleanup law, 42 U.S.C. Sec. 9601(14);
(d) Petroleum or petroleum products; and
(e) Any substance or category of substances, including solid waste decomposition products, determined by the director by rule to present a threat to human health or the environment if released into the environment.
The term hazardous substance does not include any of the following when contained in an underground storage tank from which there is not a release: Crude oil or any fraction thereof or petroleum, if the tank is in compliance with all applicable federal, state, and local law.
(((6))) (7) "Owner or operator" means:
(a) Any person with any ownership interest in the facility or who exercises any control over the facility; or
(b) In the case of an abandoned facility, any person who had owned, or operated, or exercised control over the facility any time before its abandonment;
The term does not include:
(i) An agency of the state or unit of local government which acquired ownership or control involuntarily through bankruptcy, tax delinquency, abandonment, or circumstances in which the government involuntarily acquires title. This exclusion does not apply to an agency of the state or unit of local government which has caused or contributed to the release or threatened release of a hazardous substance from the facility; or
(ii) A person who, without participating in the management of a facility, holds indicia of ownership primarily to protect the person's security interest in the facility.
(((7))) (8) "Person" means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state government agency, unit of local government, federal government agency, or Indian tribe.
(((8))) (9) "Potentially liable person" means any person whom the department finds, based on credible evidence, to be liable under RCW 70.105D.040. The department shall give notice to any such person and allow an opportunity for comment before making the finding, unless an emergency requires otherwise.
(((9))) (10) "Public notice" means, at a minimum, adequate notice mailed to all persons who have made timely request of the department and to persons residing in the potentially affected vicinity of the proposed action; mailed to appropriate news media; published in the newspaper of largest circulation in the city or county of the proposed action; and opportunity for interested persons to comment.
(((10))) (11) "Release" means any intentional or unintentional entry of any hazardous substance into the environment, including but not limited to the abandonment or disposal of containers of hazardous substances.
(((11))) (12) "Remedy" or "remedial action" means any action or expenditure consistent with the purposes of this chapter to identify, eliminate, or minimize any threat or potential threat posed by hazardous substances to human health or the environment including any investigative and monitoring activities with respect to any release or threatened release of a hazardous substance and any health assessments or health effects studies conducted in order to determine the risk or potential risk to human health.
Sec. 11. RCW 70.105D.030 and 1989 c 2 s 3 are each amended to read as follows:
(1) The department may exercise the following powers in addition to any other powers granted by law:
(a) Investigate, provide for investigating, or require potentially liable persons to investigate any releases or threatened releases of hazardous substances, including but not limited to inspecting, sampling, or testing to determine the nature or extent of any release or threatened release. If there is a reasonable basis to believe that a release or threatened release of a hazardous substance may exist, the department's authorized employees, agents, or contractors may enter upon any property and conduct investigations. The department shall give reasonable notice before entering property unless an emergency prevents such notice. The department may by subpoena require the attendance or testimony of witnesses and the production of documents or other information that the department deems necessary;
(b) Conduct, provide for conducting, or require potentially liable persons to conduct remedial actions (including investigations under (a) of this subsection) to remedy releases or threatened releases of hazardous substances. In carrying out such powers, the department's authorized employees, agents, or contractors may enter upon property. The department shall give reasonable notice before entering property unless an emergency prevents such notice. In conducting, providing for, or requiring remedial action, the department shall give preference to permanent solutions to the maximum extent practicable and shall provide for or require adequate monitoring to ensure the effectiveness of the remedial action;
(c) Indemnify contractors retained by the department for carrying out investigations and remedial actions, but not for any contractor's reckless or wilful misconduct;
(d) Carry out all state programs authorized under the federal cleanup law and the federal resource, conservation, and recovery act, 42 U.S.C. Sec. 6901 et seq., as amended;
(e) Classify substances as hazardous substances for purposes of RCW 70.105D.020(5) and classify substances and products as hazardous substances for purposes of RCW 82.21.020(1); and
(f) Take any other actions necessary to carry out the provisions of this chapter, including the power to adopt rules under chapter 34.05 RCW.
(2) The department shall immediately implement all provisions of this chapter to the maximum extent practicable, including investigative and remedial actions where appropriate. The department, within nine months after March 1, 1989, shall adopt, and thereafter enforce, rules under chapter 34.05 RCW to:
(a) Provide for public participation, including at least (i) the establishment of regional citizen's advisory committees, (ii) public notice of the development of investigative plans or remedial plans for releases or threatened releases, and (iii) concurrent public notice of all compliance orders, agreed orders, enforcement orders, or notices of violation;
(b) Establish a hazard ranking system for hazardous waste sites;
(c) Establish reasonable deadlines not to exceed ninety days for initiating an investigation of a hazardous waste site after the department receives information that the site may pose a threat to human health or the environment and other reasonable deadlines for remedying releases or threatened releases at the site; and
(d) Publish and periodically update minimum cleanup standards for remedial actions at least as stringent as the cleanup standards under section 121 of the federal cleanup law, 42 U.S.C. Sec. 9621, and at least as stringent as all applicable state and federal laws, including health-based standards under state and federal law.
(3) Before November 1st of each even-numbered year, the department shall develop, with public notice and hearing, and submit to the ways and means and appropriate standing environmental committees of the senate and house of representatives a ranked list of projects and expenditures recommended for appropriation from both the state and local toxics control accounts. The department shall also provide the legislature and the public each year with an accounting of the department's activities supported by appropriations from the state toxics control account, including a list of known hazardous waste sites and their hazard rankings, actions taken and planned at each site, how the department is meeting its top two management priorities under RCW 70.105.150, and all funds expended under this chapter.
(4) The department shall establish a scientific advisory board to render advice to the department with respect to the hazard ranking system, cleanup standards, remedial actions, deadlines for remedial actions, monitoring, the classification of substances as hazardous substances for purposes of RCW 70.105D.020(5) and the classification of substances or products as hazardous substances for purposes of RCW 82.21.020(1). The board shall consist of five independent members to serve staggered three-year terms. No members may be employees of the department. Members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(5) The department shall establish a program to identify potential hazardous waste sites and to encourage persons to provide information about hazardous waste sites.
Sec. 12. RCW 70.105D.050 and 1989 c 2 s 5 are each amended to read as follows:
(1) With respect to any release, or threatened release, for which the department does not conduct or contract for conducting remedial action and for which the department believes remedial action is in the public interest, the director shall issue orders or agreed orders requiring potentially liable persons to provide the remedial action. Any liable person who refuses, without sufficient cause, to comply with an order or agreed order of the director is liable in an action brought by the attorney general for:
(a) Up to three times the amount of any costs incurred by the state as a result of the party's refusal to comply; and
(b) A civil penalty of up to twenty-five thousand dollars for each day the party refuses to comply.
The treble damages and civil penalty under this subsection apply to all recovery actions filed on or after March 1, 1989.
(2) Any person who incurs costs complying with an order issued under subsection (1) of this section may petition the department for reimbursement of those costs. If the department refuses to grant reimbursement, the person may within thirty days thereafter file suit and recover costs by proving that he or she was not a liable person under RCW 70.105D.040 and that the costs incurred were reasonable.
(3) The attorney general shall seek, by filing an action if necessary, to recover the amounts spent by the department for investigative and remedial actions and orders, and agreed orders, including amounts spent prior to March 1, 1989.
(4) The attorney general may bring an action to secure such relief as is necessary to protect human health and the environment under this chapter.
(5)(a) Any person may commence a civil action to compel the department to perform any nondiscretionary duty under this chapter. At least thirty days before commencing the action, the person must give notice of intent to sue, unless a substantial endangerment exists. The court may award attorneys' fees and other costs to the prevailing party in the action.
(b) Civil actions under this section and RCW 70.105D.060 may be brought in the superior court of Thurston county or of the county in which the release or threatened release exists.
Sec. 13. RCW 70.105D.060 and 1989 c 2 s 6 are each amended to read as follows:
The department's investigative and remedial decisions under RCW 70.105D.030 and 70.105D.050 and its decisions regarding liable persons under RCW 70.105D.020(8) and 70.105D.040 shall be reviewable exclusively in superior court and only at the following times: (1) In a cost recovery suit under RCW 70.105D.050(3); (2) in a suit by the department to enforce an order or an agreed order, or seek a civil penalty under this chapter; (3) in a suit for reimbursement under RCW 70.105D.050(2); (4) in a suit by the department to compel investigative or remedial action; and (5) in a citizen's suit under RCW 70.105D.050(5). The court shall uphold the department's actions unless they were arbitrary and capricious.
NEW SECTION. Sec. 14. A new section is added to chapter 70.105D RCW to read as follows:
(1) A person conducting a remedial action at a facility under a consent decree, order, or agreed order, and the department when it conducts a remedial action, are exempt from the procedural requirements of chapters 70.94, 70.95, 70.105, 75.20, 90.48, and 90.58 RCW, and the procedural requirements of any laws requiring or authorizing local government permits or approvals for the remedial action. The department shall ensure compliance with the substantive provisions of chapters 70.94, 70.95, 70.105, 75.20, 90.48, and 90.58 RCW, and the substantive provisions of any laws requiring or authorizing local government permits of approvals. The department shall establish procedures for ensuring that such remedial actions comply with the substantive requirements adopted pursuant to such laws, and shall consult with the state agencies and local governments charged with implementing these laws. The procedures shall provide an opportunity for comment by the public and by the state agencies and local governments that would otherwise implement the laws referenced in this section. Nothing in this section is intended to prohibit implementing agencies from charging a fee to the person conducting the remedial action to defray the costs of services rendered relating to the substantive requirements for the remedial action.
(2) An exemption in this section or in sections 15, 16, 17, 18, 19, and 20 of this act shall not apply if the department determines that the exemption would result in loss of approval from a federal agency necessary for the state to administer any federal law, including the federal resource conservation and recovery act, the federal clean water act, the federal clean air act, and the federal coastal zone management act. Such a determination by the department shall not affect the applicability of the exemptions to other statutes specified in this section.
NEW SECTION. Sec. 15. A new section is added to chapter 70.94 RCW to read as follows:
The procedural requirements of this chapter shall not apply to any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or to the department of ecology when it conducts a remedial action under chapter 70.105D RCW. The department of ecology shall ensure compliance with the substantive requirements of this chapter through the consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or during the department-conducted remedial action, through the procedures developed by the department pursuant to section 14 of this act.
NEW SECTION. Sec. 16. A new section is added to chapter 70.95 RCW to read as follows:
The procedural requirements of this chapter shall not apply to any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or to the department of ecology when it conducts a remedial action under chapter 70.105D RCW. The department of ecology shall ensure compliance with the substantive requirements of this chapter through the consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or during the department-conducted remedial action, through the procedures developed by the department pursuant to section 14 of this act.
NEW SECTION. Sec. 17. A new section is added to chapter 70.105 RCW to read as follows:
The procedural requirements of this chapter shall not apply to any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or to the department of ecology when it conducts a remedial action under chapter 70.105D RCW. The department of ecology shall ensure compliance with the substantive requirements of this chapter through the consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or during the department-conducted remedial action, through the procedures developed by the department pursuant to section 14 of this act.
NEW SECTION. Sec. 18. A new section is added to chapter 75.20 RCW to read as follows:
The procedural requirements of this chapter shall not apply to any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or to the department of ecology when it conducts a remedial action under chapter 70.105D RCW. The department of ecology shall ensure compliance with the substantive requirements of this chapter through the consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or during the department-conducted remedial action, through the procedures developed by the department pursuant to section 14 of this act.
NEW SECTION. Sec. 19. A new section is added to chapter 90.48 RCW to read as follows:
The procedural requirements of this chapter shall not apply to any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or to the department of ecology when it conducts a remedial action under chapter 70.105D RCW. The department of ecology shall ensure compliance with the substantive requirements of this chapter through the consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or during the department-conducted remedial action, through the procedures developed by the department pursuant to section 14 of this act.
NEW SECTION. Sec. 20. A new section is added to chapter 90.58 RCW to read as follows:
The procedural requirements of this chapter shall not apply to any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or to the department of ecology when it conducts a remedial action under chapter 70.105D RCW. The department of ecology shall ensure compliance with the substantive requirements of this chapter through the consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or during the department-conducted remedial action, through the procedures developed by the department pursuant to section 14 of this act.
NEW SECTION. Sec. 21. A new section is added to chapter 43.21C RCW to read as follows:
In conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or if conducted by the department of ecology, the department of ecology to the maximum extent practicable shall integrate the procedural requirements and documents of this chapter with the procedures and documents under chapter 70.105D RCW. Such integration shall at a minimum include the public participation procedures of chapter 70.105D RCW and the public notice and review requirements of this chapter.
Sec. 22. RCW 34.12.020 and 1993 c 281 s 16 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Office" means the office of administrative hearings.
(2) "Administrative law judge" means any person appointed by the chief administrative law judge to conduct or preside over hearings as provided in this chapter.
(3) "Hearing" means an adjudicative proceeding within the meaning of RCW 34.05.010(1) conducted by a state agency under RCW 34.05.413 through 34.05.476.
(4) "State agency" means any state board, commission, department, or officer authorized by law to make rules or to conduct adjudicative proceedings, except those in the legislative or judicial branches, the growth planning hearings boards, the pollution control hearings board, the shorelines hearings board, the forest practices appeals board, the environmental hearings office, the board of industrial insurance appeals, the Washington personnel resources board, the public employment relations commission, the personnel appeals board, and the board of tax appeals.
Sec. 23. RCW 34.05.514 and 1988 c 288 s 502 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section and RCW ((34.05.538)) 36.70A.300(3), proceedings for review under this chapter shall be instituted by filing a petition in the superior court, at the petitioner's option, for (a) Thurston county, (b) the county of the petitioner's residence or principal place of business, or (c) in any county where the property owned by the petitioner and affected by the contested decision is located.
(2) For proceedings involving institutions of higher education, the petition shall be filed either in the county in which the principal office of the institution involved is located or in the county of a branch campus if the action involves such branch.
NEW SECTION. Sec. 24. Section 5 of this act shall take effect July 1, 1994.
NEW SECTION. Sec. 25. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."
Signed by Representatives Rust, Chair; Flemming, Vice Chair; Horn, Ranking Minority Member; Van Luven, Assistant Ranking Minority Member; Bray; Edmondson; Foreman; Hansen; Holm; L. Johnson; J. Kohl; Linville; Roland and Sheahan.
Passed to Committee on Rules for second reading.
February 25, 1994
ESSB 6407 Prime Sponsor, Committee on Health & Human Services: Changing provisions relating to smoking and tobacco products. Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass. Signed by Representatives Heavey, Chair; G. Cole, Vice Chair; Conway; King and Veloria.
MINORITY recommendation: Do not pass. Signed by Representatives Lisk, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Horn and Springer.
Passed to Committee on Rules for second reading.
February 24, 1994
E2SSB 6426 Prime Sponsor, Committee on Government Operations: Providing public electronic access to government information. Reported by Committee on State Government
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that government information is a strategic resource and needs to be managed as such and that broad public access to nonrestricted public information and records must be guaranteed. The legislature further finds that reengineering government processes along with capitalizing on advancements made in digital technology can build greater efficiencies in government service delivery. The legislature further finds that providing citizen electronic access to presently available public documents will allow increased citizen involvement in state policies and empower citizens to participate in state policy decision making.
NEW SECTION. Sec. 2. A new section is added to chapter 42.17 RCW to read as follows:
By January 1, 1995, the public disclosure commission shall design a program for electronic access to public documents filed with the commission. The program may include on-line access to the commission's magic and electronic bulletin board systems, providing information for the internet system, fax-request service, automated telephone service, electronic filing of reports, and other service delivery options. Documents available in the program shall include, but are not limited to, public documents filed with the public disclosure commission, including, but not limited to, commission meeting schedules, financial affairs reports, contribution reports, expenditure reports, and gift reports. Implementation of the program is contingent on the availability of funds.
Sec. 3. RCW 42.17.370 and 1986 c 155 s 11 are each amended to read as follows:
The commission is empowered to:
(1) Adopt, promulgate, amend, and rescind suitable administrative rules to carry out the policies and purposes of this chapter, which rules shall be adopted under chapter 34.05 RCW;
(2) Appoint and set, within the limits established by the committee on agency officials' salaries under RCW 43.03.028, the compensation of an executive director who shall perform such duties and have such powers as the commission may prescribe and delegate to implement and enforce this chapter efficiently and effectively. The commission shall not delegate its authority to adopt, amend, or rescind rules nor shall it delegate authority to determine whether an actual violation of this chapter has occurred or to assess penalties for such violations;
(3) Prepare and publish such reports and technical studies as in its judgment will tend to promote the purposes of this chapter, including reports and statistics concerning campaign financing, lobbying, financial interests of elected officials, and enforcement of this chapter;
(4) Make from time to time, on its own motion, audits and field investigations;
(5) Make public the time and date of any formal hearing set to determine whether a violation has occurred, the question or questions to be considered, and the results thereof;
(6) Administer oaths and affirmations, issue subpoenas, and compel attendance, take evidence and require the production of any books, papers, correspondence, memorandums, or other records relevant or material for the purpose of any investigation authorized under this chapter, or any other proceeding under this chapter;
(7) Adopt and promulgate a code of fair campaign practices;
(8) Relieve, by rule, candidates or political committees of obligations to comply with the provisions of this chapter relating to election campaigns, if they have not received contributions nor made expenditures in connection with any election campaign of more than one thousand dollars;
(9) Adopt rules prescribing reasonable requirements for keeping accounts of and reporting on a quarterly basis costs incurred by state agencies, counties, cities, and other municipalities and political subdivisions in preparing, publishing, and distributing legislative information. The term "legislative information," for the purposes of this subsection, means books, pamphlets, reports, and other materials prepared, published, or distributed at substantial cost, a substantial purpose of which is to influence the passage or defeat of any legislation. The state auditor in his regular examination of each agency under chapter 43.09 RCW shall review the rules, accounts, and reports and make appropriate findings, comments, and recommendations in his examination reports concerning those agencies;
(10) After hearing, by order approved and ratified by a majority of the membership of the commission, suspend or modify any of the reporting requirements of this chapter in a particular case if it finds that literal application of this chapter works a manifestly unreasonable hardship and if it also finds that the suspension or modification will not frustrate the purposes of the chapter. The commission shall find that a manifestly unreasonable hardship exists if reporting the name of an entity required to be reported under RCW 42.17.241(1)(g)(ii) would be likely to adversely affect the competitive position of any entity in which the person filing the report or any member of his immediate family holds any office, directorship, general partnership interest, or an ownership interest of ten percent or more. Any suspension or modification shall be only to the extent necessary to substantially relieve the hardship. The commission shall act to suspend or modify any reporting requirements only if it determines that facts exist that are clear and convincing proof of the findings required under this section. Any citizen has standing to bring an action in Thurston county superior court to contest the propriety of any order entered under this section within one year from the date of the entry of the order; and
(11) Revise, at least once every five years but no more often than every two years, the monetary reporting thresholds and reporting code values of this chapter. The revisions shall be only for the purpose of recognizing economic changes as reflected by an inflationary index recommended by the office of financial management. The revisions shall be guided by the change in the index for the period commencing with the month of December preceding the last revision and concluding with the month of December preceding the month the revision is adopted. As to each of the three general categories of this chapter (reports of campaign finance, reports of lobbyist activity, and reports of the financial affairs of elected and appointed officials), the revisions shall equally affect all thresholds within each category. Revisions shall be adopted as rules under chapter 34.05 RCW. The first revision authorized by this subsection shall reflect economic changes from the time of the last legislative enactment affecting the respective code or threshold through December 1985.
(12) Develop and provide to filers a system for certification of reports required under this chapter which are transmitted by facsimile or electronically to the commission. Implementation of the program is contingent on the availability of funds.
NEW SECTION. Sec. 4. A public information access policy task force is hereby created. The task force shall be composed of: The state librarian or the librarian's designee; the director of the department of information services or the director's designee; four members who are representatives of state and local governmental agencies, appointed by the governor; five representatives of the general public who have experience accessing information electronically or have particular interest in the policies that should govern access to information from public agencies, appointed by the governor; two members of the house of representatives, one from each political party, appointed by the speaker of the house of representatives; two members of the senate, one from each political party, appointed by the president of the senate; and, at the option of the chief justice of the state's supreme court, one representative of the state's judicial branch appointed by the chief justice. The state librarian or the librarian's designee and the director of information services or the director's designee shall serve as the cochairs of the task force. The department of information services and the state library shall provide staff support for the task force.
The purpose of the task force is to identify specific means of encouraging and establishing widespread, public, electronic access to the public records held by state government and by local governments. For the purposes of the task force's study and recommendations, providing such access to the public does not include providing the type of services beyond access, and beyond providing assistance with that access, that would be provided by a vendor for commercial purposes, including but not limited to providing such services by means of a geographic information system.
The task force shall cease to exist on June 30, 1996.
NEW SECTION. Sec. 5. (1) By December 1, 1994, the task force shall provide its initial recommendations to the legislature and the governor regarding: Protecting the privacy of the citizenry and complying with statutory nondisclosure requirements while providing to the public electronic access to records; the status and availability of records for electronic access; and the availability of various means of electronically linking individual citizens to the records they seek. The initial report shall identify implementation strategies for records found to be immediately available for such access.
(2) By December 1, 1995, the task force shall provide its final recommendations to the legislature and governor. The recommendations shall be consistent with the recommendations provided under subsection (1) of this section and shall include an implementation strategy for providing widespread, public, electronic access to the public records held by state and local governmental entities, deadlines for implementation, and findings as to costs.
(3) Nothing in this section or section 4 of this act precludes records from being made available to the public electronically prior to the dates established for the initial and final reports of the task force.
NEW SECTION. Sec. 6. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 7. 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 shall take effect immediately."
Signed by Representatives Anderson, Chair; Veloria, Vice Chair; Reams, Ranking Minority Member; L. Thomas, Assistant Ranking Minority Member; Campbell; Conway; Dyer; King and Pruitt.
Referred to Committee on Appropriations.
February 25, 1994
SSB 6428 Prime Sponsor, Committee on Energy & Utilities: Changing provisions relating to water systems. Reported by Committee on Local Government
MAJORITY recommendation: Do pass. Signed by Representatives H. Myers, Chair; Springer, Vice Chair; Edmondson, Ranking Minority Member; Reams, Assistant Ranking Minority Member; Dunshee; R. Fisher; Horn; Moak; Rayburn and Zellinsky.
MINORITY recommendation: Do not pass. Signed by Representative Van Luven.
Passed to Committee on Rules for second reading.
February 25, 1994
SB 6438 Prime Sponsor, Bauer: Allowing four-year institutions of higher education to accept students in the running start program. Reported by Committee on Education
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28A.600.300 and 1990 1st ex.s. c 9 s 401 are each amended to read as follows:
((As used in RCW 28A.600.300 through 28A.600.390, community college means a public community college as defined in chapter 28B.50 RCW)) For the purposes of RCW 28A.600.310 through 28A.600.400, "participating institution of higher education" or "institution of higher education" means:
(1) A community or technical college as defined in RCW 28B.50.030; and
(2) An institution of higher education as defined in RCW 28B.10.016 if the institution's governing board decides to participate in the program in RCW 28A.600.310 through 28A.600.400.
Sec. 2. RCW 28A.600.310 and 1993 c 222 s 1 are each amended to read as follows:
(1) Eleventh and twelfth grade students or students who have not yet received a high school diploma or its equivalent and are eligible to be in the eleventh or twelfth grades may apply to a ((community college or technical college)) participating institution of higher education to enroll in courses or programs offered by the ((community college or technical college)) institution of higher education. If ((a community college or technical college)) the institution of higher education accepts a secondary school pupil for enrollment under this section, the ((community college or technical college)) institution of higher education shall send written notice to the pupil and the pupil's school district within ten days of acceptance. The notice shall indicate the course and hours of enrollment for that pupil.
(2) The pupil's school district shall transmit to the ((community college or technical college)) institution of higher education an amount per each full-time equivalent college student at state-wide uniform rates for vocational and nonvocational students. The superintendent of public instruction shall separately calculate and allocate moneys appropriated for basic education under RCW 28A.150.260 to school districts for purposes of making such payments and for granting school districts seven percent thereof to offset program related costs. The calculations and allocations shall be based upon the estimated state-wide annual average per full-time equivalent high school student allocations under RCW 28A.150.260, excluding small high school enhancements, and applicable rules adopted under chapter 34.05 RCW. The superintendent of public instruction, the higher education coordinating board, and the state board for community and technical colleges shall consult on the calculation and distribution of the funds. The ((community college or technical college)) institution of higher education shall not require the pupil to pay any other fees. The funds received by the ((community college or technical college)) institution of higher education from the school district shall not be deemed tuition or operating fees and may be retained by the ((community college or technical college)) institution of higher education. A student enrolled under this subsection shall not be counted for the purpose of determining any enrollment restrictions imposed by the state on the ((community colleges)) institution of higher education.
Sec. 3. RCW 28A.600.320 and 1990 1st ex.s. c 9 s 403 are each amended to read as follows:
A school district shall provide general information about the program to all pupils in grades ten ((and)), eleven, and twelve and the parents and guardians of those pupils. To assist the district in planning, a pupil shall inform the district of the pupil's intent to enroll in ((community college or a vocational-technical institute)) courses at an institution of higher education for credit. Students are responsible for applying for admission to the ((community college or vocational-technical institute)) institution of higher education.
Sec. 4. RCW 28A.600.330 and 1990 1st ex.s. c 9 s 404 are each amended to read as follows:
A pupil who enrolls in ((a community college or a vocational-technical institute)) an institution of higher education in grade eleven may not enroll in postsecondary courses under RCW 28A.600.300 through 28A.600.390 for high school credit and ((community college or vocational-technical institute)) postsecondary credit for more than the equivalent of the course work for two academic years. A pupil who first enrolls in ((a community college or vocational-technical institute)) an institution of higher education in grade twelve may not enroll in postsecondary courses under this section for high school credit and ((community college or vocational-technical institute)) postsecondary credit for more than the equivalent of the course work for one academic year.
Sec. 5. RCW 28A.600.340 and 1990 1st ex.s. c 9 s 405 are each amended to read as follows:
Once a pupil has been enrolled in a postsecondary course((,)) or program((, or vocational-technical institute)) under ((this section)) RCW 28A.600.300 through 28A.600.400, the pupil shall not be displaced by another student.
Sec. 6. RCW 28A.600.350 and 1990 1st ex.s. c 9 s 406 are each amended to read as follows:
A pupil may enroll in a course under RCW 28A.600.300 through 28A.600.390 for both high school credit and ((college level academic and vocational or vocational-technical institute)) postsecondary credit.
Sec. 7. RCW 28A.600.360 and 1990 1st ex.s. c 9 s 407 are each amended to read as follows:
A school district shall grant academic credit to a pupil enrolled in a course for high school credit if the pupil successfully completes the course. If no comparable course is offered by the school district, the school district superintendent shall determine how many credits to award for the course. The determination shall be made in writing before the pupil enrolls in the course. The credits shall be applied toward graduation requirements and subject area requirements. Evidence of the successful completion of each course in ((a community college or vocational-technical institute)) an institution of higher education shall be included in the pupil's secondary school records and transcript. The transcript shall also note that the course was taken at ((a community college or vocational-technical institute)) an institution of higher education.
Sec. 8. RCW 28A.600.370 and 1990 1st ex.s. c 9 s 408 are each amended to read as follows:
Any state institution of higher education may award postsecondary credit for college level academic and vocational ((or vocational-technical institute)) courses successfully completed by a student while in high school and taken at ((a community college or vocational-technical institute)) an institution of higher education. The state institution of higher education shall not charge a fee for the award of the credits.
Sec. 9. RCW 28A.600.380 and 1990 1st ex.s. c 9 s 409 are each amended to read as follows:
Transportation to and from the ((community college or vocational-technical institute)) institution of higher education is not the responsibility of the school district.
Sec. 10. RCW 28A.600.390 and 1990 1st ex.s. c 9 s 410 are each amended to read as follows:
The superintendent of public instruction, the state board for community and technical colleges ((education)), and the higher education coordinating board shall jointly develop and adopt rules governing RCW 28A.600.300 through 28A.600.380, if rules are necessary. The rules shall be written to encourage the maximum use of the program and shall not narrow or limit the enrollment options under RCW 28A.600.300 through 28A.600.380.
Sec. 11. RCW 28A.600.400 and 1990 1st ex.s. c 9 s 412 are each amended to read as follows:
RCW 28A.600.300 through ((28A.600.395)) 28A.600.390 are in addition to and not intended to adversely affect agreements between school districts and ((community college districts or vocational-technical institutes)) institutions of higher education in effect on April 11, 1990, and in the future.
NEW SECTION. Sec. 12. RCW 28A.600.395 and 1990 1st ex.s. c 9 s 411 are each repealed."
Signed by Representatives Dorn, Chair; Cothern, Vice Chair; B. Thomas, Assistant Ranking Minority Member; Carlson; Eide; Hansen; Holm; Karahalios; J. Kohl; Patterson; Pruitt; Roland; Stevens and L. Thomas.
MINORITY recommendation: Do not pass. Signed by Representatives Brough, Ranking Minority Member; Brumsickle; G. Cole and Jones.
Excused: Representative G. Fisher.
Passed to Committee on Rules for second reading.
February 25, 1994
SSB 6447 Prime Sponsor, Committee on Education: Adopting a formula for transmitting funds for transfer students. Reported by Committee on Education
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28A.225.225 and 1990 1st ex.s. c 9 s 203 are each amended to read as follows:
(1) All districts accepting applications from nonresident students for admission to the district's schools shall consider equally all applications received. Each school district shall adopt a policy establishing rational, fair, and equitable standards for acceptance and rejection of applications by June 30, 1990. The policy may include rejection of nonresident students if acceptance of these students would result in the district experiencing a financial hardship.
(2) The district shall provide to applicants written notification of the approval or denial of the application in a timely manner. If the application is rejected, the notification shall include the reason or reasons for denial and the right to appeal under RCW 28A.225.230(3).
NEW SECTION. Sec. 2. The education committees of the senate and house of representatives shall analyze issues associated with the payment of transfer fees for students who transfer to nonresident school districts under RCW 28A.225.200. The committees shall report their findings, with recommendations, to the legislature prior to December 31, 1994."
Signed by Representatives Dorn, Chair; Cothern, Vice Chair; Brough, Ranking Minority Member; B. Thomas, Assistant Ranking Minority Member; Brumsickle; Carlson; G. Cole; Eide; Hansen; Holm; Jones; Karahalios; J. Kohl; Patterson; Pruitt; Roland; Stevens and L. Thomas.
Excused: Representative G. Fisher.
Passed to Committee on Rules for second reading.
February 24, 1994
ESSB 6461 Prime Sponsor, Committee on Ecology & Parks: Concerning claims for oil spill liability damages. Reported by Committee on Environmental Affairs
MAJORITY recommendation: Do pass. Signed by Representatives Rust, Chair; Flemming, Vice Chair; Horn, Ranking Minority Member; Van Luven, Assistant Ranking Minority Member; Bray; Edmondson; Foreman; Hansen; Holm; L. Johnson; J. Kohl; Linville; Roland and Sheahan.
Passed to Committee on Rules for second reading.
February 23, 1994
SSB 6463 Prime Sponsor, Committee on Agriculture: Revising department of agriculture administrative duties. Reported by Committee on Revenue
MAJORITY recommendation: Do pass. Signed by Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Fuhrman, Assistant Ranking Minority Member; Anderson; Brown; Caver; Cothern; Leonard; Romero; Rust; Silver; Talcott; Thibaudeau; Van Luven and Wang.
Passed to Committee on Rules for second reading.
February 23, 1994
SSB 6466 Prime Sponsor, Committee on Transportation: Streamlining the environmental permit processes for the department of transportation. Reported by Committee on Transportation
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 36.70A RCW to read as follows:
The legislature recognizes that there are major transportation projects that affect multiple jurisdictions as to economic development, fiscal influence, environmental consequences, land use implications, and mobility of people and goods. The legislature further recognizes that affected jurisdictions have important interests that must be addressed, and that these jurisdictions' present environmental planning and permitting authority may result in multiple local permits and other requirements being specified for the projects.
The legislature finds that the present permitting system may result in segmented and sequential decisions by local governments that do not optimally serve all the parties with an interest in the decisions. The present system may also make more difficult achieving the consistency among plans and actions that is an important aspect of this chapter.
It is the intent of the legislature to provide for more efficiency and equity in the decisions of local governments regarding major transportation projects by encouraging coordination or consolidation of the processes for reviewing environmental planning and permitting requirements for those projects. The legislature intends that local governments coordinate their regulatory decisions by considering together the range of local, state, and federal requirements for major transportation projects. Nothing in section 1 or 2 of this act alters the authority of cities or counties under any other planning or permitting statute.
NEW SECTION. Sec. 2. A new section is added to chapter 36.70A RCW to read as follows:
COLLABORATIVE TRANSPORTATION PROJECT REVIEW. For counties engaged in planning under this chapter, there shall be established by December 31, 1994, a collaborative process to review and coordinate state and local permits for all transportation projects that cross more than one city or county boundary. This process shall at a minimum, establish a mechanism among affected cities and counties to designate a permit coordinating agency to facilitate multijurisdictional review and approval of such transportation projects.
Sec. 3. RCW 47.01.290 and 1993 c 55 s 1 are each amended to read as follows:
((The state-interest component of the state-wide transportation plan must include a state public transportation plan that recognizes that while public transportation service is essentially a local responsibility in Washington, there is significant state interest in assuring that viable public transportation services are available throughout the state. The public transportation plan shall:
(1) Articulate the state vision of and interest in public transportation and provide quantifiable objectives, including benefits indicators;
(2) Identify the goals for public transportation and the roles of federal, state, regional, and local entities in achieving those goals;
(3) Recommend mechanisms for coordinating federal, state, regional, and local planning for public transportation;
(4) Recommend mechanisms for coordinating public transportation with other transportation services and modes;
(5) Recommend 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) Recommend a state-wide 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 public transportation services, nonmotorized interests, and state agencies with an interest in public transportation, including but not limited to the departments of community development, social and health services, and ecology, the state energy office, the office of financial management, and the office of the governor.
The department shall submit an initial report to the legislative transportation committee by December 1, 1993, and shall provide annual reports summarizing the plan's progress each year thereafter.)) The legislature recognizes that environmental review of transportation projects is a continuous process that should begin at the earliest stages of planning and continue through final project construction. Early and extensive involvement of the relevant environmental regulatory authorities is critical in order to avoid significant changes in substantially completed project design and engineering. It is the expectation of the legislature that if a comprehensive environmental approach is integrated throughout various transportation processes, onerous, duplicative, and time-consuming permit processes will be minimized.
NEW SECTION. Sec. 4. A new section is added to chapter 47.01 RCW to read as follows:
The department shall, in cooperation with environmental regulatory authorities:
(1) Identify and document environmental resources in the development of the state-wide multimodal plan under RCW 47.06.040;
(2) Allow for public comment regarding changes to the criteria used for prioritizing projects under chapter 47.05 RCW before final adoption of the changes by the commission;
(3) Use an environmental review as part of the project prospectus identifying potential environmental impacts, mitigation, and costs during the early project identification and selection phase, submit the prospectus to the relevant environmental regulatory authorities, and maintain a record of comments and proposed revisions received from the authorities;
(4) Actively work with the relevant environmental regulatory authorities during the design alternative analysis process and seek written concurrence from the authorities that they agree with the preferred design alternative selected;
(5) Develop a uniform methodology, in consultation with relevant environmental regulatory authorities, for submitting plans and specifications detailing project elements that impact environmental resources, and proposed mitigation measures, to the relevant environmental regulatory authorities during the preliminary specifications and engineering phase of project development;
(6) Screen construction projects to determine which projects will require complex or multiple permits. The permitting authorities shall develop methods for initiating review of the permit applications for the projects before the final design of the projects;
(7) Conduct special prebid meetings for those projects that are environmentally complex; and
(8) Review environmental considerations related to particular projects during the preconstruction meeting held with the contractor who is awarded the bid.
Sec. 5. RCW 47.06.040 and 1993 c 446 s 4 are each amended to read as follows:
The department shall develop a state-wide multimodal transportation plan under RCW 47.01.071(3) and in conformance with federal requirements, to ensure the continued mobility of people and goods within regions and across the state in a safe, cost-effective manner. The state-wide multimodal transportation plan shall consist of:
(1) A state-owned facilities component, which shall guide state investment for state highways including bicycle and pedestrian facilities, and state ferries; and
(2) A state-interest component, which shall define the state interest in aviation, marine ports and navigation, freight rail, intercity passenger rail, bicycle transportation and pedestrian walkways, and public transportation, and recommend actions in coordination with appropriate public and private transportation providers to ensure that the state interest in these transportation modes is met.
The plans developed under each component must be consistent with the state transportation policy plan and with each other, reflect public involvement, be consistent with regional transportation planning, high-capacity transportation planning, and local comprehensive plans prepared under chapter 36.70A RCW, and include analysis of intermodal connections and choices. A primary emphasis for these plans shall be the improvement and integration of all transportation modes to create a seamless intermodal transportation system for people and goods.
In the development of the state-wide multimodal transportation plan, the department shall identify and document potential affected environmental resources, including, but not limited to, wetlands, storm water runoff, flooding, air quality, fish passage, and wildlife habitat. The department shall conduct its environmental identification and documentation in coordination with all relevant environmental regulatory authorities, including, but not limited to, local governments. The department shall give the relevant environmental regulatory authorities an opportunity to review the department's environmental plans. The relevant environmental regulatory authorities shall provide comments on the department's environmental plans in a timely manner. Environmental identification and documentation as provided for in section 4 of this act and this section is not intended to create a private right of action or require an environmental impact statement as provided in chapter 43.21C RCW.
NEW SECTION. Sec. 6. Section captions used in this act constitute no part of the law."
Signed by Representatives R. Fisher, Chair; Brown, Vice Chair; Jones, Vice Chair; Schmidt, Ranking Minority Member; Mielke, Assistant Ranking Minority Member; Backlund; Brough; Brumsickle; Cothern; Eide; Finkbeiner; Forner; Fuhrman; Hansen; Heavey; Horn; Johanson; J. Kohl; Orr; Patterson; Quall; Romero; Sheldon; Shin; Wood and Zellinsky.
Excused: Representative R. Meyers.
Passed to Committee on Rules for second reading.
February 25, 1994
ESB 6480 Prime Sponsor, Moore: Regulating unemployment insurance compensation. Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 50.20 RCW to read as follows:
The employment security department shall report to the appropriate standing committees of the legislature no later than July 1, 1995, regarding any updating of the department's computer technology that is necessary to or could address eliminating or reducing the need to make conditional payments.
Sec. 2. RCW 50.16.094 and 1993 c 226 s 6 are each amended to read as follows:
An individual may be eligible for applicable employment security benefits while participating in work force training. Eligibility is at the discretion of the commissioner of employment security after submitting a commissioner-approved training waiver and developing a detailed individualized training plan.
((Benefits paid under this section may not be charged to the experience rating accounts of individual employers.))
The commissioner shall adopt rules as necessary to implement this section.
Sec. 3. RCW 50.22.090 and 1993 c 316 s 10 are each amended to read as follows:
(1) An additional benefit period is established for counties identified under subsection (2) of this section beginning on the first Sunday after July 1, 1991, and for the forest products industry beginning with the third week after the first Sunday after July 1, 1991. Benefits shall be paid as provided in subsection (3) of this section to exhaustees eligible under subsection (4) of this section.
(2) The additional benefit period applies to counties having a population of less than five hundred thousand beginning with the third week after a week in which the commissioner determines that a county meets two of the following three criteria, as determined by the department, for the most recent year in which such data is available: (a) A lumber and wood products employment location quotient at or above the state average; (b) projected or actual direct lumber and wood products job losses of one hundred positions or more, except counties having a population greater than two hundred thousand but less than five hundred thousand must have direct lumber and wood products job losses of one thousand positions or more; or (c) an annual unemployment rate twenty percent or more above the state average. The additional benefit period for a county may end no sooner than fifty-two weeks after the additional benefit period begins.
(3) Additional benefits shall be paid as follows:
(a) No new claims for additional benefits shall be accepted for weeks beginning after July 1, 1995, but for claims established on or before July 1, 1995, weeks of unemployment occurring after July 1, 1995, shall be compensated as provided in this section.
(b) The total additional benefit amount shall be one hundred four times the individual's weekly benefit amount, reduced by the total amount of regular benefits and extended benefits paid, or deemed paid, with respect to the benefit year. Additional benefits shall not be payable for weeks more than two years beyond the end of the benefit year of the regular claim for an individual whose benefit year ends on or after July 27, 1991, and shall not be payable for weeks ending on or after two years after March 26, 1992, for individuals who become eligible as a result of chapter 47, Laws of 1992.
(c) Notwithstanding the provisions of (b) of this subsection, individuals will be entitled to up to five additional weeks of benefits following the completion or termination of training.
(d) The weekly benefit amount shall be calculated as specified in RCW 50.22.040.
(e) Benefits paid under this section shall be paid under the same terms and conditions as regular benefits ((and shall not be charged to the experience rating account of individual employers)). The additional benefit period shall be suspended with the start of an extended benefit period, or any totally federally funded benefit program, with eligibility criteria and benefits comparable to the program established by this section, and shall resume the first week following the end of the federal program.
(f) The amendments in chapter 316, Laws of 1993 affecting subsection (3) (b) and (c) of this section shall apply in the case of all individuals determined to be monetarily eligible under this section without regard to the date eligibility was determined.
(4) An additional benefit eligibility period is established for any exhaustee who:
(a)(i) At the time of last separation from employment, resided in or was employed in a county identified under subsection (2) of this section; or
(ii) During his or her base year, earned wages in at least six hundred eighty hours in the forest products industry, which shall be determined by the department but shall include the industries assigned the major group standard industrial classification codes "24" and "26" and the industries involved in the harvesting and management of logs, transportation of logs and wood products, processing of wood products, and the manufacturing and distribution of wood processing and logging equipment. The commissioner may adopt rules further interpreting the industries covered under this subsection. For the purposes of this subsection, "standard industrial classification code" means the code identified in RCW 50.29.025(6)(c); and
(b)(i) Has received notice of termination or layoff; and
(ii) Is unlikely to return to employment in his or her principal occupation or previous industry because of a diminishing demand within his or her labor market for his or her skills in the occupation or industry; and
(c)(i)(A) Is notified by the department of the requirements of this section and develops an individual training program that is submitted to the commissioner for approval not later than sixty days after the individual is notified of the requirements of this section, and enters the approved training program not later than ninety days after the date of the individual's termination or layoff, or ninety days after July 1, 1991, whichever is later, unless the department determines that the training is not available during the ninety-day period, in which case the individual shall enter training as soon as it is available; or
(B) Is unemployed as the result of a plant closure that occurs after November 1, 1992, in a county identified under subsection (2) of this section, did not comply with the requirements of (c)(i)(A) of this subsection due to good cause as demonstrated to the department, such as ambiguity over possible sale of the plant, develops a training program that is submitted to the commissioner for approval not later than sixty days from a date determined by the department to accommodate the good cause, and enters the approved training program not later than ninety days after the revised date established by the department, unless the department determines that the training is not available during the ninety-day period, in which case the individual shall enter training as soon as it is available; or
(ii) Is enrolled in training approved under this section on a full-time basis and maintains satisfactory progress in the training; and
(d) Does not receive a training allowance or stipend under the provisions of any federal or state law.
(5) For the purposes of this section:
(a) "Training program" means:
(i) A remedial education program determined to be necessary after counseling at the educational institution in which the individual enrolls pursuant to his or her approved training program; or
(ii) A vocational training program at an educational institution that:
(A) Is training for a labor demand occupation;
(B) Is likely to facilitate a substantial enhancement of the individual's marketable skills and earning power; and
(C) Does not include on-the-job training or other training under which the individual is paid by an employer for work performed by the individual during the time that the individual receives additional benefits under subsection (1) of this section.
(b) "Educational institution" means an institution of higher education as defined in RCW 28B.10.016 or an educational institution as defined in RCW 28C.04.410(3).
(c) "Training allowance or stipend" means discretionary use, cash-in-hand payments available to the individual to be used as the individual sees fit, but does not mean direct or indirect compensation for training costs, such as tuition or books and supplies.
(6) The commissioner shall adopt rules as necessary to implement this section.
(7) For the purpose of this section, an individual who has a benefit year beginning after January 1, 1989, and ending before July 27, 1991, shall be treated as if his or her benefit year ended on July 27, 1991.
Sec. 4. RCW 50.29.020 and 1993 c 483 s 19 are each amended to read as follows:
(1) An experience rating account shall be established and maintained for each employer, except employers as described in RCW 50.44.010 and 50.44.030 who have properly elected to make payments in lieu of contributions, taxable local government employers as described in RCW 50.44.035, and those employers who are required to make payments in lieu of contributions, based on existing records of the employment security department. Benefits paid to any eligible individuals shall be charged to the experience rating accounts of each of such individual's employers during the individual's base year in the same ratio that the wages paid by each employer to the individual during the base year bear to the wages paid by all employers to that individual during that base year, except as otherwise provided in this section.
(2) The legislature finds that certain benefit payments, in whole or in part, should not be charged to the experience rating accounts of employers except those employers described in RCW 50.44.010 and 50.44.030 who have properly elected to make payments in lieu of contributions, taxable local government employers described in RCW 50.44.035, and those employers who are required to make payments in lieu of contributions, as follows:
(a) Benefits paid to any individuals later determined to be ineligible shall not be charged to the experience rating account of any contribution paying employer.
(b) ((Benefits paid to an individual under the provisions of RCW 50.12.050 shall not be charged to the account of any contribution paying employer if the wage credits earned in this state by the individual during his or her base year are less than the minimum amount necessary to qualify the individual for unemployment benefits.
(c))) Benefits paid to an individual filing under the provisions of chapter 50.06 RCW shall not be charged to the experience rating account of any contribution paying employer only if:
(i) The individual files under RCW 50.06.020(1) after receiving crime victims' compensation for a disability resulting from a nonwork-related occurrence; or
(ii) The individual files under RCW 50.06.020(2).
(((d))) (c) Benefits paid which represent the state's share of benefits payable under chapter 50.22 RCW shall not be charged to the experience rating account of any contribution paying employer.
(((e))) (d) In the case of individuals who requalify for benefits under RCW 50.20.050 or 50.20.060, benefits based on wage credits earned prior to the disqualifying separation shall not be charged to the experience rating account of the contribution paying employer from whom that separation took place.
(((f))) (e) In the case of individuals identified under RCW 50.20.015, benefits paid with respect to a calendar quarter, which exceed the total amount of wages earned in the state of Washington in the higher of two corresponding calendar quarters included within the individual's determination period, as defined in RCW 50.20.015, shall not be charged to the experience rating account of any contribution paying employer.
(((g) Benefits paid to an individual who does not successfully complete an approved on-the-job training program under RCW 50.12.240 may not be charged to the experience rating account of the contribution-paying employer who provided the approved on-the-job training.))
(3)(a) Beginning July 1, 1985, a contribution-paying base year employer, not otherwise eligible for relief of charges for benefits under this section, may receive such relief if the benefit charges result from payment to an individual who:
(i) Last left the employ of such employer voluntarily for reasons not attributable to the employer;
(ii) Was discharged for misconduct connected with his or her work not a result of inability to meet the minimum job requirements;
(iii) Is unemployed as a result of closure or severe curtailment of operation at the employer's plant, building, work site, or other facility. This closure must be for reasons directly attributable to a catastrophic occurrence such as fire, flood, or other natural disaster; or
(iv) Continues to be employed on a regularly scheduled permanent part-time basis by a base year employer and who at some time during the base year was concurrently employed and subsequently separated from at least one other base year employer. Benefit charge relief ceases when the employment relationship between the employer requesting relief and the claimant is terminated. This subsection does not apply to shared work employers under chapter 50.60 RCW.
(b) The employer requesting relief of charges under this subsection must request relief in writing within thirty days following mailing to the last known address of the notification of the valid initial determination of such claim, stating the date and reason for the separation or the circumstances of continued employment. The commissioner, upon investigation of the request, shall determine whether relief should be granted.
Sec. 5. RCW 50.29.062 and 1989 c 380 s 81 are each amended to read as follows:
Predecessor and successor employer contribution rates shall be computed in the following manner:
(1) If the successor is an employer, as defined in RCW 50.04.080, at the time of the transfer, ((his or her)) its contribution rate shall remain unchanged for the remainder of the rate year in which the transfer occurs. From and after January 1 following the transfer, the successor's contribution rate for each rate year shall be based on ((his or her)) its experience with payrolls and benefits including the experience of the acquired business or portion of a business from the date of transfer, as of the regular computation date for that rate year.
(2) If the successor is not an employer at the time of the transfer, ((he or she)) it shall pay contributions at the ((rate class assigned to the predecessor employer at the time of the transfer for the remainder for that rate year and continuing until such time as he or she qualifies for a different rate in his or her own right)) lowest rate as determined by either of the following manners:
(a) At the rate class assigned to the predecessor employer at the time of the transfer for the remainder of that rate year and continuing until the successor qualifies for a different rate in its own right. Any experience relating to the assignment of that rate class attributable to the predecessor is transferred to the successor; or
(b) At the contribution rate equal to the average industry rate as determined by the commissioner and continuing until the successor qualifies for a different rate in its own right. However, the rate may not be less than one percent. Assignment of employers by the commissioner to industrial classification, for purposes of this subsection, must be in accordance with established classification practices found in the "Standard Industrial Classification Manual" issued by the federal office of management and budget to the third digit provided in the standard industrial classification code.
(3) If the successor is not an employer at the time of the transfer and simultaneously acquires the business or a portion of the business of two or more employers in different rate classes, ((his or her)) its rate from the date the transfer occurred until the end of that rate year and until ((he or she)) it qualifies in ((his or her)) its own right for a new rate, shall be the highest rate class applicable at the time of the acquisition to any predecessor employer who is a party to the acquisition.
(4) The contribution rate on any payroll retained by a predecessor employer shall remain unchanged for the remainder of the rate year in which the transfer occurs.
(5) In all cases, from and after January 1 following the transfer, the predecessor's contribution rate for each rate year shall be based on ((his or her)) its experience with payrolls and benefits as of the regular computation date for that rate year including the experience of the acquired business or portion of business up to the date of transfer: PROVIDED, That if all of the predecessor's business is transferred to a successor or successors, the predecessor shall not be a qualified employer until ((he or she)) it satisfies the requirements of a "qualified employer" as set forth in RCW 50.29.010."
Signed by Representatives Heavey, Chair; G. Cole, Vice Chair; Lisk, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Conway; Horn; King; Springer and Veloria.
Passed to Committee on Rules for second reading.
February 25, 1994
SSB 6481 Prime Sponsor, Committee on Higher Education: Requiring approval by an institution of higher education's governing board and services and activities fees committee before shifting budgeted services and activities fees. Reported by Committee on Higher Education
MAJORITY recommendation: Do pass. Signed by Representatives Jacobsen, Chair; Quall, Vice Chair; Brumsickle, Ranking Minority Member; Sheahan, Assistant Ranking Minority Member; Basich; Bray; Carlson; Casada; Finkbeiner; Flemming; Kessler; Ogden; Orr; Rayburn; Shin and Wood.
Excused: Representatives Mastin and Mielke.
Passed to Committee on Rules for second reading.
February 25, 1994
ESSB 6484 Prime Sponsor, Committee on Law & Justice: Regulating confidentiality claims in court settlements involving public hazards. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 4.24 RCW to read as follows:
The legislature finds that public health and safety is promoted when the public has knowledge that enables members of the public, both individuals and businesses, to make informed choices about risks to their health and safety. Therefore, the legislature declares as a matter of public policy that the public has a right to information necessary to protect members of the public from harm caused by alleged hazards to the public. The legislature also recognizes that protection of trade secrets, confidential research, and proprietary, commercial, or financial information concerning products or business methods promotes business activity and prevents unfair competition. Therefore, the legislature declares it a matter of public policy that the confidentiality of such information be protected and its unnecessary disclosure be prevented.
NEW SECTION. Sec. 2. A new section is added to chapter 4.24 RCW to read as follows:
As used in this section:
(1)(a) "Public hazard claim" means a claim for damages for personal injury, wrongful death, or property damage caused by an allegedly unsafe product or allegedly hazardous or toxic substances, that presents a risk of similar injury to other members of the public.
(b) "Confidentiality provision" means any terms in a court order or a private agreement terminating a public hazard claim, that limit the possession, disclosure, or dissemination of information about an alleged public hazard, whether those terms are integrated in the order or private agreement or written separately.
(2) Members of the public have a right to information necessary for a lay member of the public to understand the nature, source, and extent of the risk alleged from the public hazard, in order to protect themselves against public hazards, except as provided in subsection (4) of this section.
(3) Members of the public have a right to the protection of trade secrets as defined in RCW 19.108.010; confidential research, development, proprietary, financial, or commercial information concerning products or business methods; or personal information; except as provided in subsection (4) of this section.
(4)(a) Confidentiality provisions may be ordered by the court as part of temporary orders as to any matters the court deems appropriate without regard to this chapter.
(b) If the court determines by summary judgment or judgment after trial that no public hazard exists, confidentiality provisions may be ordered by the court as to any matters the court deems appropriate without regard to this chapter.
(c) If the court determines by summary judgment or judgment after trial that a public hazard exists, confidentiality provisions may be ordered by the court only as to any information the court finds not necessary for a lay member of the public to understand the nature, source, and extent of the risk from the public hazard.
(d) When public hazard claims are resolved other than by summary judgment or judgment after trial, confidentiality provisions may be ordered or enforced by the court only when the court finds, based on the evidence, that the confidentiality provisions are in the public interest. In determining the public interest, the court shall balance the right of the public to protect themselves from public hazards as provided in subsection (2) of this section against the right of the public to protect the confidentiality of information as provided in subsection (3) of this section.
(e) Any confidentiality provisions in private agreements that are not adopted consistent with the provisions of this section are voidable by the court.
(f) Any confidentiality provisions related to public hazard claims that are determined void are severable from the remainder of the order or agreement notwithstanding any provision to the contrary and the remainder of the order or agreement shall remain in force.
(g) Nothing in sections 1 and 2 of this act prevents the court from denying the request for confidentiality provisions under other law nor limits the scope of discovery pursuant to court rule.
(5) In cases of third party actions challenging confidentiality provisions in orders or agreements, the court has discretion to award to the prevailing party actual damage, costs, reasonable attorneys' fees, and such other terms as the court deems just.
(6) The following acts or parts of acts are each repealed on the effective date of this section:
(a) RCW 4.24.600 and 1993 c 17 s 1;
(b) RCW 4.24.610 and 1993 c 17 s 2;
(c) RCW 4.24.620 and 1993 c 17 s 3;
(d) RCW 4.16.380 and 1993 c 17 s 5; and
(e) 1993 c 17 s 4 (uncodified).
NEW SECTION. Sec. 3. This act applies to all confidentiality provisions entered or executed with respect to public hazard claims on or after July 25, 1993.
NEW SECTION. Sec. 4. 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 shall take effect immediately."
Signed by Representatives Appelwick, Chair; Johanson, Vice Chair; Padden, Ranking Minority Member; Ballasiotes, Assistant Ranking Minority Member; Campbell; Chappell; Eide; Forner; J. Kohl; Long; Morris; H. Myers; Riley; Schmidt; Scott; Tate and Wineberry.
Passed to Committee on Rules for second reading.
February 25, 1994
SSB 6487 Prime Sponsor, Committee on Labor & Commerce: Exempting espresso machines from boiler regulations. Reported by Committee on Commerce & Labor
MAJORITY recommendation: Do pass with the following amendment:
On page 2, line 33, after "recognized or" insert "recognized"
Signed by Representatives Heavey, Chair; G. Cole, Vice Chair; Lisk, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Conway; Horn; King; Springer and Veloria.
Passed to Committee on Rules for second reading.
February 25, 1994
SB 6516 Prime Sponsor, West: Creating the Warren Featherstone Reid award for excellence in health care. Reported by Committee on Health Care
MAJORITY recommendation: Do pass with the following amendment:
On page 1, strike everything after the enacting clause and insert
"NEW SECTION. Sec. 1. The legislature recognizes the critical importance of ensuring that all Washington residents have access to quality and affordable health care. The legislature further recognizes that substantial improvements can be made in health care delivery when providers, including health care facilities, are encouraged to continuously strive for excellence in quality management practices, value, and consumer satisfaction. The legislature finds that when centers of quality are highlighted and honored publicly they become examples for other health care providers to emulate, thereby further promoting the implementation of improved health care delivery processes.
NEW SECTION. Sec. 2. There is created an award to honor and recognize cost-effective and quality health care services. This award shall be known as the "Warren Featherstone Reid Award for Excellence in Health Care."
NEW SECTION. Sec. 3. The governor, in conjunction with the secretary of health, shall identify and honor health care providers and facilities in Washington state who exhibit exceptional quality and value in the delivery of health services. The award shall be given annually consistent with the availability of qualified nominees. The secretary may appoint an advisory committee to assist in the selection of nominees, if necessary.
NEW SECTION. Sec. 4. (1) The department of health shall: develop the application and approval process for the award, including deadlines for application submission; review applications against criteria; and make recommendations to the governor for final selection of award recipients. The department is encouraged to use existing boards, committees, and professional associations to disseminate award information.
(2) Criteria for judging award applications shall be based upon consumer satisfaction, quality assurance, cost-effective service delivery, creative and innovative delivery practices, leadership, and other factors deemed appropriate.
(3) All health care providers and facilities that provide health services in Washington state are eligible to receive the award.
(4) This act shall be implemented consistent with the availability of funds. The department is directed to seek, and authorized to accept, grants and gifts necessary for this purpose.
NEW SECTION. Sec. 5. Sections 1 through 4 of this act are each added to chapter 43.06 RCW."
Signed by Representatives Dellwo, Chair; L. Johnson, Vice Chair; Dyer, Ranking Minority Member; Appelwick; Conway; Flemming; Lemmon; Mastin; Morris and Veloria.
MINORITY recommendation: Without recommendation. Signed by Representatives Backlund and Cooke.
Excused: Representatives Ballasiotes; Assistant Ranking Minority Member, R. Johnson, Lisk and Thibaudeau.
Passed to Committee on Rules for second reading.
February 25, 1994
SB 6520 Prime Sponsor, Oke: Eliminating the primary in park and recreation district elections. Reported by Committee on Local Government
MAJORITY recommendation: Do pass. Signed by Representatives H. Myers, Chair; Springer, Vice Chair; Edmondson, Ranking Minority Member; Reams, Assistant Ranking Minority Member; Dunshee; Rayburn and Zellinsky.
MINORITY recommendation: Do not pass. Signed by Representatives R. Fisher; Horn; Moak and Van Luven.
Passed to Committee on Rules for second reading.
February 25, 1994
SB 6532 Prime Sponsor, Wojahn: Changing provisions relating to release of criminally insane persons. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass. Signed by Representatives Appelwick, Chair; Johanson, Vice Chair; Padden, Ranking Minority Member; Ballasiotes, Assistant Ranking Minority Member; Campbell; Chappell; Eide; Forner; J. Kohl; Long; Morris; H. Myers; Riley; Schmidt; Scott; Tate and Wineberry.
Passed to Committee on Rules for second reading.
February 25, 1994
SSB 6556 Prime Sponsor, Senator Hargrove: Allowing a nonprofit television reception improvement district to rent space from the department of natural resources for less than the fair market value of the property. Reported by Committee on Natural Resources & Parks
MAJORITY recommendation: Do pass with the following amendment:
On page 1, after line 15, strike all of section 2 and insert the following:
"NEW SECTION. Sec. 2. If specific funding for the purposes of this act referencing this act by bill number is not provided by June 30, 1994, in the omnibus appropriations act, this act is null and void."
Signed by Representatives Pruitt, Chair; R. Johnson, Vice Chair; Stevens, Ranking Minority Member; McMorris, Assistant Ranking Minority Member; Dunshee; Linville; Schoesler; Sheldon; B. Thomas; Valle and Wolfe.
Passed to Committee on Rules for second reading.
February 24, 1994
SSB 6557 Prime Sponsor, Senator Hargrove: Revising provisions relating to correctional industries work programs. Reported by Committee on Corrections
MAJORITY recommendation: Do pass. Signed by Representatives Morris, Chair; Mastin, Vice Chair; Long, Ranking Minority Member; G. Cole; L. Johnson; Moak and Ogden.
MINORITY recommendation: Do not pass. Signed by Representative Padden.
Excused: Representatives Edmondson; Assistant Ranking Minority Member and Riley.
Referred to Committee on Appropriations.
February 24, 1994
SSB 6561 Prime Sponsor, Committee on Trade, Technology & Economic Development: Expanding the marketplace program. Reported by Committee on Trade, Economic Development & Housing
MAJORITY recommendation: Do pass. Signed by Representatives Wineberry, Chair; Shin, Vice Chair; Schoesler, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Backlund; Campbell; Casada; Conway; Quall; Sheldon; Springer; Valle and Wood.
Excused: Representative Morris.
Passed to Committee on Rules for second reading.
February 25, 1994
ESSB 6585 Prime Sponsor, Committee on Ways & Means: Extending tuition exemptions for Vietnam and Persian Gulf veterans. Reported by Committee on Higher Education
MAJORITY recommendation: Do pass with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28B.15.620 and 1993 sp.s. c 18 s 24 are each amended to read as follows:
Subject to the limitations of RCW 28B.15.910, the governing boards of the state universities, the regional universities, The Evergreen State College, and the community colleges may exempt veterans of the Vietnam conflict who have served in the southeast Asia theater of operations from the payment of all or a portion of any increase in tuition and fees ((otherwise applicable to any other resident or nonresident student. In such cases, the veteran shall not be required to pay more than the total amount of tuition and fees paid by veterans of the Vietnam conflict on)) that occur after October 1, 1977: PROVIDED, That for the purposes of this exemption, "veterans of the Vietnam conflict" shall be those persons who have been on active federal service as a member of the armed military or naval forces of the United States between a period commencing August 5, 1964, and ending on May 7, 1975, and who qualify as a resident student under RCW 28B.15.012, and who enrolled in state institutions of higher education on or before May 7, 1990. This section shall expire June 30, ((1995)) 1997.
Sec. 2. RCW 28B.15.628 and 1993 sp.s. c 18 s 25 are each amended to read as follows:
Subject to the limitations of RCW 28B.15.910, the governing boards of the state universities, the regional universities, The Evergreen State College, and the community colleges may exempt veterans of the Persian Gulf combat zone from all or a portion of increases in tuition and fees that occur ((during and after their period of service. In such cases, the veteran shall not be required to pay more than the total amount of tuition and fees established for)) after the 1990-91 academic year, if the veteran could have qualified as a Washington resident student under RCW 28B.15.012(2), had he or she been enrolled as a student on August 1, 1990, and if the veteran's adjusted gross family income as most recently reported to the internal revenue service does not exceed Washington state's median family income as established by the federal bureau of the census. For the purposes of this section, "a veteran of the Persian Gulf combat zone" means a person who during any portion of calendar year 1991, served in active federal service as a member of the armed military or naval forces of the United States in a combat zone as designated by the president of the United States by executive order.
Sec. 3. 1991 c 164 s 11 (uncodified) is amended to read as follows:
Section 2 of this act shall expire June 30, ((1995)) 1997.
Sec. 4. 1991 c 228 s 15 (uncodified) is amended to read as follows:
Sections 13 and 14 of this act shall expire on June 30, ((1994)) 1997."
Signed by Representatives Jacobsen, Chair; Quall, Vice Chair; Brumsickle, Ranking Minority Member; Sheahan, Assistant Ranking Minority Member; Basich; Bray; Carlson; Casada; Finkbeiner; Flemming; Kessler; Ogden; Orr; Rayburn; Shin and Wood.
Excused: Representatives Mastin and Mielke.
Referred to Committee on Appropriations.
February 25, 1994
SJM 8031 Prime Sponsor, Fraser: Requesting the National Park Service to preserve Sunrise Lodge. Reported by Committee on Natural Resources & Parks
MAJORITY recommendation: Do pass. Signed by Representatives Pruitt, Chair; R. Johnson, Vice Chair; Stevens, Ranking Minority Member; McMorris, Assistant Ranking Minority Member; Dunshee; Linville; Schoesler; Sheldon; B. Thomas; Valle and Wolfe.
Passed to Committee on Rules for second reading.
February 24, 1994
SCR 8422 Prime Sponsor, M. Rasmussen: Directing the secretary of state to coordinate and form an advisory committee for Klondike gold rush centennial events. Reported by Committee on Trade, Economic Development & Housing
MAJORITY recommendation: Do pass. Signed by Representatives Wineberry, Chair; Shin, Vice Chair; Schoesler, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Backlund; Campbell; Casada; Conway; Quall; Sheldon; Springer; Valle and Wood.
Excused: Representative Morris.
Passed to Committee on Rules for second reading.
MOTION
On motion of Representative Peery, the bills, memorial and resolution listed on today's supplemental committee reports under the fifth order of business were referred to the committees so designated with the exceptions of Engrossed Substitute Senate Bill No. 6084 and Substitute Senate Bill No. 6243.
MOTION
On motion of Representative Peery, the rules were suspended and Engrossed Substitute Senate Bill No. 6084 and Substitute Senate Bill No. 6243 were advanced to the second reading calendar.
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Peery, the House adjourned until 10:00, Saturday, February 26, 1994.
BRIAN EBERSOLE, Speaker
MARILYN SHOWALTER, Chief Clerk