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FIFTY-SEVENTH DAY
__________
MORNING SESSION
__________
House Chamber, Olympia, Monday, March 7, 1994
The House was called to order at 9:00 a.m. by the Speaker (Representative Mastin presiding). The Clerk called the roll and a quorum was present.
Representative Wang assumed the chair.
The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Kira Jacobsen and Raefael Evans. Prayer was offered by Representative Romero.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
MESSAGES FROM THE SENATE
March 6, 1994
Mr. Speaker:
The Senate concurred in the House amendments to the following Senate bills and passed the bills as amended by the House:
ENGROSSED SENATE BILL NO. 5920,
SUBSTITUTE SENATE BILL NO. 6018,
ENGROSSED SENATE BILL NO. 6044,
SECOND SUBSTITUTE SENATE BILL NO. 6053,
SUBSTITUTE SENATE BILL NO. 6070,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6123,
SUBSTITUTE SENATE BILL NO. 6217,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6228,
SUBSTITUTE SENATE BILL NO. 6283,
ENGROSSED SENATE BILL NO. 6284,
SUBSTITUTE SENATE BILL NO. 6298,
SUBSTITUTE SENATE BILL NO. 6307,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6339,
ENGROSSED SENATE BILL NO. 6356,
SUBSTITUTE SENATE BILL NO. 6447,
SUBSTITUTE SENATE BILL NO. 6466,
SUBSTITUTE SENATE BILL NO. 6487,
ENGROSSED SENATE BILL NO. 6493,
SUBSTITUTE SENATE BILL NO. 6556,
SUBSTITUTE SENATE BILL NO. 6571,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6585,
SENATE JOINT MEMORIAL NO. 8030,
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
March 6, 1994
Mr. Speaker:
The Senate has adopted:
SENATE CONCURRENT RESOLUTION NO. 8423,
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
March 5, 1994
Mr. Speaker:
The Senate concurred in the House amendments to the following Senate bills and passed the bills as amended by the House:
SUBSTITUTE SENATE BILL NO. 5038,
SECOND SUBSTITUTE SENATE BILL NO. 5341,
SECOND SUBSTITUTE SENATE BILL NO. 5698,
SUBSTITUTE SENATE BILL NO. 5714,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5995,
SUBSTITUTE SENATE BILL NO. 6000,
ENGROSSED SENATE BILL NO. 6037,
SUBSTITUTE SENATE BILL NO. 6039,
SUBSTITUTE SENATE BILL NO. 6045,
SUBSTITUTE SENATE BILL NO. 6063,
SUBSTITUTE SENATE BILL NO. 6082,
SUBSTITUTE SENATE BILL NO. 6093,
SUBSTITUTE SENATE BILL NO. 6100,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6125,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6155,
ENGROSSED SENATE BILL NO. 6158,
SUBSTITUTE SENATE BILL NO. 6188,
and the same are herewith transmitted.
Marty Brown, Secretary
There being no objection, the House advanced to the eighth order of business.
RESOLUTION
HOUSE RESOLUTION NO. 94-4713, by Representatives Long, Veloria and J. Kohl
WHEREAS, It is the policy of the Washington State Legislature to recognize excellence in all fields of endeavor; and
WHEREAS, Mr. Bayani Cruz Mangalindan and Mrs. Lenore Munoz Fermin have exhibited the highest level of excellence in their commitment to education, public service, family, children, church, and community; and
WHEREAS, Mr. Bayani Cruz Mangalindan was born January 10, 1920, in Los Banos, Laguna, Philippines and Mrs. Lenore Munoz Fermin was born June 10, 1926, in San Carlos, Pangasinan, Philippines; and
WHEREAS, Mr. Bayani Cruz Mangalindan attended Station Mesa Elementary School and San Jose Elementary School; graduated from Central Luzon Agricultural School; received his Elementary Teacher's Certificate from San Carlos College, and his Masters in Education: Administration and Supervision from the University of the Philippines; and
WHEREAS, Mrs. Lenore Munoz Fermin attended San Carlos Elementary School; graduated from San Carlos Rural High School; received her Elementary Teacher's Certificate from San Carlos College, her Bachelor of Science in Education from San Carlos College, her Master of Arts: Guidance and Counseling from Pangasinan University, and her Music Education Certificate from University of the Philippines; and
WHEREAS, Mr. Bayani Cruz Mangalindan received the Community Leadership Educational Program Scholarship from the University of the Philippines, and the Philippine Public Schools Teachers Association Scholarship; and
WHEREAS, Mrs. Lenore Munoz Fermin received the Bureau of Public Schools Music Education Scholarship, and the Philippines Public Schools Teachers Association Scholarship; and
WHEREAS, Mr. Bayani Cruz Mangalindan proved his dedication and competence as an educator by serving in the Philippines as a Public Schools Classroom Teacher, Public Schools Head Teacher, Public Schools Principal I, Public Schools Principal II, and Public Schools District Supervisor, and in the United States as an Office Assistant IV at the University of Washington and as Equipment Technician with Husky Football at the University of Washington; and
WHEREAS, Mrs. Lenore Munoz Fermin proved her dedication and competence as an educator by serving in the Philippines as a Public Schools Grade Six Teacher, District Guidance Counselor, Public Schools Head Teacher, Public Schools Principal I, Public Schools Principal II, and Public Schools General Education Supervisor, and in the United States as an Accounting Assistant at the University of Washington and Budget Coordinator at the University of Washington; and
WHEREAS, Mr. Bayani Cruz Mangalindan also served the public in the Philippines as a Provincial Rice Cultural Specialist; Corporal, USAFFE; Master Sergeant, ECLGA; Clerk of Court, Justice of the Peace; and
WHEREAS, Mrs. Lenore Munoz Fermin also served children in the United States as a Child Specialist with the International Child Center in Seattle, Washington; and
WHEREAS, Mr. Bayani Cruz Mangalindan also served the community as a Licensed Lay Preacher; Sunday School Teacher; Editor of the Rotary Newsletter; Organizer and first President, San Carlos City Public Schools Teachers Association; President, Administrators League; Manager, San Carlos City Athletics; President, San Carlenans of Seattle; and Father of the Year, 1985 Filipino Community of Seattle; and
WHEREAS, Mrs. Lenore Munoz Fermin also served the community as a Licensed Lay Preacher; Sunday School Teacher; President, Pangasinan United Methodist Women; President, San Carlos City Public Schools Teachers Association; Treasurer, San Carlos Teachers Credit Union; Organizer, San Carlos Retirees Association; President, Beacon United Methodist Women; Chairperson, Church School of Beacon United Methodist Church; Vice President, University of the Philippines Alumni Association; Treasurer, University of the Philippines Alumni Association; Treasurer, Filipino Community of Seattle; Chair, Filipino Community Newsletter; Treasurer, Crystal Hills Home Owners Association; Christian Personhood Coordinator, United Methodist Women of the Pacific Northwest; and Mother of the Year, 1981, Filipino Community of Seattle; and
WHEREAS, Mr. Bayani Cruz Mangalindan and Mrs. Lenore Munoz Fermin were married on December 12, 1943, and were blessed with six wonderful children as a result of their loving union, Luningning in 1944, Luisa in 1946, Nathaniel in 1949, Joel in 1954, Ruth in 1958, and Loida in 1963; and
WHEREAS, Mr. Bayani Cruz Mangalindan and Mrs. Lenore Munoz Fermin have been faithfully married to each other for over fifty fulfilling years replete with love and joy, interspersed with disappointments, defeats, sickness, pain, and anguish; and
WHEREAS, Mr. Bayani Cruz Mangalindan and Mrs. Lenore Munoz Fermin attribute their overcoming adversity and achieving contentment to founding their union upon the solid foundation of commitment; trust in each other's fidelity, regard for each other's well-being, and a deep faith in the love, mercy, and grace of Christ their Lord; and
WHEREAS, Mr. Bayani Cruz Mangalindan and Mrs. Lenore Munoz Fermin established a family unit that provided positive role models of stability, security, training in life skills, building of self-esteem, and setting and achieving goals as a way to succeed; and
WHEREAS, Mr. Bayani Cruz Mangalindan and Mrs. Lenore Munoz Fermin have demonstrated their lifelong devotion to family, friends, and fellow citizens of the Philippines and the United States and are an inspiration to all those their lives have touched;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington recognize the value of the faith, hope, love, and commitment Mr. Bayani Cruz Mangalindan and Mrs. Lenore Munoz Fermin have given to each other and honor Mr. Bayani Cruz Mangalindan and Mrs. Lenore Munoz Fermin for the dedicated service that characterizes their lifes' work and for the outstanding example of diligence and virtue they have set for others, and express the hope that their future efforts will bring them the same amount of happiness and success; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Mr. Bayani Cruz Mangalindan and Mrs. Lenore Munoz Fermin.
Representative Long moved adoption of the resolution. Representatives Long and Veloria spoke in favor of the resolution.
House Resolution No. 4713 was adopted.
There being no objection, the House reverted to the third order of business.
With the consent of the House, the House considered the following bills in the following order: Engrossed Second Substitute House Bill No. 2154, Engrossed House Bill No. 1756, Second Substitute House Bill No. 2210, Second Substitute House Bill No. 2228, House Bill No. 2512 and Engrossed House Bill No. 2521.
SENATE AMENDMENTS TO HOUSE BILL
March 4, 1994
Mr. Speaker:
The Senate has passed ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2154 with the following amendments:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. INTENT. The legislature recognizes that long-term care facilities are a critical part of the state's long-term care services system. It is the intent of the legislature that individuals who reside in long-term care facilities receive appropriate services, be treated with courtesy, and continue to enjoy their basic civil and legal rights.
It is also the intent of the legislature that long-term care facility residents have the opportunity to exercise reasonable control over life decisions. The legislature finds that choice, participation, privacy, and the opportunity to engage in religious, political, civic, recreational, and other social activities foster a sense of self-worth and enhance the quality of life for long-term care residents.
The legislature finds that the public interest would be best served by providing the same basic resident rights in all long-term care settings. Residents in nursing facilities are guaranteed certain rights by federal law and regulation, 42 U.S.C. 1396r and 42 C.F.R. part 483. It is the intent of the legislature to extend those basic rights to residents in veterans' homes, boarding homes, and adult family homes.
The legislature intends that a facility should care for its residents in a manner and in an environment that promotes maintenance or enhancement of each resident's quality of life. A resident should have a safe, clean, comfortable, and homelike environment, allowing the resident to use his or her personal belongings to the extent possible.
NEW SECTION. Sec. 2. DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Department" means the department of state government responsible for licensing the provider in question.
(2) "Facility" means a long-term care facility.
(3) "Long-term care facility" means a facility that is licensed or required to be licensed under chapter 18.20, 72.36, or 70.128 RCW.
(4) "Resident" means the individual receiving services in a long-term care facility, that resident's attorney in fact, guardian, or other legal representative acting within the scope of their authority.
(5) "Physical restraint" means a manual method, obstacle, or physical or mechanical device, material, or equipment attached or adjacent to the resident's body that restricts freedom of movement or access to his or her body is used for discipline or convenience and not required to treat the resident's medical symptoms.
(6) "Chemical restraint" means a psychopharmacologic drug that is used for discipline or convenience and not required to treat the resident's medical symptoms.
(7) "Representative" means a person appointed under RCW 7.70.065.
NEW SECTION. Sec. 3. EXERCISE OF RIGHTS. The resident has a right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility. A facility must protect and promote the rights of each resident and assist the resident which include:
(1) The resident has the right to exercise his or her rights as a resident of the facility and as a citizen or resident of the United States and the state of Washington.
(2) The resident has the right to be free of interference, coercion, discrimination, and reprisal from the facility in exercising his or her rights.
(3) In the case of a resident adjudged incompetent by a court of competent jurisdiction, the rights of the resident are exercised by the person appointed to act on the resident's behalf.
(4) In the case of a resident who has not been adjudged incompetent by a court of competent jurisdiction, a representative may exercise the resident's rights to the extent provided by law.
NEW SECTION. Sec. 4. NOTICE OF RIGHTS AND SERVICES. (1) The facility must inform the resident both orally and in writing in a language that the resident understands of his or her rights and all rules and regulations governing resident conduct and responsibilities during the stay in the facility. The notification must be made prior to or upon admission. Receipt of the information must be acknowledged in writing.
(2) The resident or his or her legal representative has the right:
(a) Upon an oral or written request, to access all records pertaining to himself or herself including clinical records within twenty-four hours; and
(b) After receipt of his or her records for inspection, to purchase at a cost not to exceed the community standard photocopies of the records or portions of them upon request and two working days' advance notice to the facility.
(3) The facility must inform each resident in writing before, or at the time of admission, and at least once every twenty-four months thereafter of: (a) Services available in the facility; (b) charges for those services including charges for services not covered by the facility's per diem rate or applicable public benefit programs; and (c) the rules of operations required under section 15(2) of this act.
(4) The facility must furnish a written description of residents rights that includes:
(a) A description of the manner of protecting personal funds, under section 5 of this act;
(b) A posting of names, addresses, and telephone numbers of the state survey and certification agency, the state licensure office, the state ombudsmen program, and the protection and advocacy systems; and
(c) A statement that the resident may file a complaint with the appropriate state licensing agency concerning resident abuse, neglect, and misappropriation of resident property in the facility.
(5) Notification of changes.
(a) A facility must immediately consult with the resident's physician, and if known, make reasonable efforts to notify the resident's legal representative or an interested family member when there is:
(i) An accident involving the resident which requires or has the potential for requiring physician intervention;
(ii) A significant change in the resident's physical, mental, or psychosocial status (i.e., a deterioration in health, mental, or psychosocial status in either life-threatening conditions or clinical complications).
(b) The facility must promptly notify the resident or the resident's representative shall make reasonable efforts to notify an interested family member, if known, when there is:
(i) A change in room or roommate assignment; or
(ii) A decision to transfer or discharge the resident from the facility.
(c) The facility must record and update the address and phone number of the resident's representative or interested family member, upon receipt of notice from them.
NEW SECTION. Sec. 5. PROTECTION OF RESIDENT'S FUNDS. (1) The resident has the right to manage his or her financial affairs, and the facility may not require residents to deposit their personal funds with the facility.
(2) Upon written authorization of a resident, if the facility agrees to manage the resident's personal funds, the facility must hold, safeguard, manage, and account for the personal funds of the resident deposited with the facility as specified in this section.
(3)(a) The facility must deposit a resident's personal funds in excess of one hundred dollars in an interest-bearing account or accounts that is separate from any of the facility's operating accounts, and that credits all interest earned on residents' funds to that account. In pooled accounts, there must be a separate accounting for each resident's share.
(b) The facility must maintain a resident's personal funds that do not exceed one hundred dollars in a noninterest-bearing account, interest-bearing account, or petty cash fund.
(4) The facility must establish and maintain a system that assures a full and complete and separate accounting of each resident's personal funds entrusted to the facility on the resident's behalf.
(a) The system must preclude any commingling of resident funds with facility funds or with the funds of any person other than another resident.
(b) The individual financial record must be available on request to the resident or his or her legal representative.
(5) Upon the death of a resident with a personal fund deposited with the facility the facility must convey within forty-five days the resident's funds, and a final accounting of those funds, to the individual or probate jurisdiction administering the resident's estate.
NEW SECTION. Sec. 6. PRIVACY AND CONFIDENTIALITY. The resident has the right to personal privacy and confidentiality of his or her personal and clinical records.
(1) Personal privacy includes accommodations, medical treatment, written and telephone communications, personal care, visits, and meetings of family and resident groups. This does not require the facility to provide a private room for each resident however, a resident cannot be prohibited by the facility from meeting with guests in his or her bedroom if no roommates object.
(2) The resident may approve or refuse the release of personal and clinical records to an individual outside the facility unless otherwise provided by law.
NEW SECTION. Sec. 7. GRIEVANCES. A resident has the right to:
(1) Voice grievances. Such grievances include those with respect to treatment that has been furnished as well as that which has not been furnished; and
(2) Prompt efforts by the facility to resolve grievances the resident may have, including those with respect to the behavior of other residents.
NEW SECTION. Sec. 8. EXAMINATION OF SURVEY OR INSPECTION RESULTS. A resident has the right to:
(1) Examine the results of the most recent survey or inspection of the facility conducted by federal or state surveyors or inspectors and plans of correction in effect with respect to the facility. A notice that the results are available must be publicly posted with the facility's state license, and the results must be made available for examination by the facility in a place readily accessible to residents; and
(2) Receive information from agencies acting as client advocates, and be afforded the opportunity to contact these agencies.
NEW SECTION. Sec. 9. MAIL AND TELEPHONE. The resident has the right to privacy in communications, including the right to:
(1) Send and promptly receive mail that is unopened;
(2) Have access to stationery, postage, and writing implements at the resident's own expense; and
(3) Have reasonable access to the use of a telephone where calls can be made without being overheard.
NEW SECTION. Sec. 10. ACCESS AND VISITATION RIGHTS. (1) The resident has the right and the facility must not interfere with access to any resident by the following:
(a) Any representative of the state;
(b) The resident's individual physician;
(c) The state long-term care ombudsman as established under chapter 43.190 RCW;
(d) The agency responsible for the protection and advocacy system for developmentally disabled individuals as established under part C of the developmental disabilities assistance and bill of rights act;
(e) The agency responsible for the protection and advocacy system for mentally ill individuals as established under the protection and advocacy for mentally ill individuals act;
(f) Subject to reasonable restrictions to protect the rights of others and to the resident's right to deny or withdraw consent at any time, immediate family or other relatives of the resident and others who are visiting with the consent of the resident;
(g) The agency responsible for the protection and advocacy system for individuals with disabilities as established under section 509 of the rehabilitation act of 1973, as amended, who are not served under the mandates of existing protection and advocacy systems created under federal law.
(2) The facility must provide reasonable access to a resident by his or her representative or an entity or individual that provides health, social, legal, or other services to the resident, subject to the resident's right to deny or withdraw consent at any time.
(3) The facility must allow representatives of the state ombudsman to examine a resident's clinical records with the permission of the resident or the resident's legal representative, and consistent with state and federal law.
NEW SECTION. Sec. 11. PERSONAL PROPERTY. (1) The resident has the right to retain and use personal possessions, including some furnishings, and appropriate clothing, as space permits, unless to do so would infringe upon the rights or health and safety of other residents.
(2) The facility shall, upon request, provide the resident with a lockable container or other lockable storage space for small items of personal property, unless the resident's individual room is lockable with a key issued to the resident.
NEW SECTION. Sec. 12. TRANSFER AND DISCHARGE REQUIREMENTS. (1) The facility must permit each resident to remain in the facility, and not transfer or discharge the resident from the facility unless:
(a) The transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in the facility;
(b) The safety of individuals in the facility is endangered;
(c) The health of individuals in the facility would otherwise be endangered;
(d) The resident has failed to make the required payment for his or her stay; or
(e) The facility ceases to operate.
(2) Before a facility transfers or discharges a resident, the facility must:
(a) Notify the resident and representative and make a reasonable effort to notify, if known, an interested family member of the transfer or discharge and the reasons for the move in writing and in a language and manner they understand;
(b) Record the reasons in the resident's record; and
(c) Include in the notice the items described in subsection (4) of this section.
(3)(a) Except when specified in this subsection, the notice of transfer of discharge required under subsection (2) of this section must be made by the facility at least thirty days before the resident is transferred or discharged.
(b) Notice may be made as soon as practicable before transfer or discharge when:
(i) The safety of individuals in the facility would be endangered;
(ii) The health of individuals in the facility would be endangered;
(iii) An immediate transfer or discharge is required by the resident's urgent medical needs; or
(iv) A resident has not resided in the facility for thirty days.
(4) The written notice specified in subsection (2) of this section must include the following:
(a) The reason for transfer or discharge;
(b) The effective date of transfer or discharge;
(c) The location to which the resident is transferred or discharged;
(d) The name, address, and telephone number of the state long-term care ombudsman;
(e) For residents with developmental disabilities, the mailing address and telephone number of the agency responsible for the protection and advocacy of developmentally disabled individuals established under part C of the developmental disabilities assistance and bill of rights act; and
(f) For residents who are mentally ill, the mailing address and telephone number of the agency responsible for the protection and advocacy of mentally ill individuals established under the protection and advocacy for mentally ill individuals act.
(5) A facility must provide sufficient preparation and orientation to residents to ensure safe and orderly transfer or discharge from the facility.
(6) A resident discharged in violation of this section has the right to be readmitted immediately upon the first availability of a gender-appropriate bed in the facility.
NEW SECTION. Sec. 13. RESTRAINTS. The resident has the right to be free from physical restraint or chemical restraint. This section does not require or prohibit facility staff from reviewing the judgment of the resident's physician in prescribing psychopharmacologic medications.
NEW SECTION. Sec. 14. ABUSE. The resident has the right to be free from verbal, sexual, physical, and mental abuse, corporal punishment, and involuntary seclusion.
(1) The facility must not use verbal, mental, sexual, or physical abuse, including corporal punishment or involuntary seclusion.
(2) Subject to available resources, the department of social and health services shall provide background checks required by RCW 43.43.842 for employees of facilities licensed under chapter 18.20 RCW without charge to the facility.
NEW SECTION. Sec. 15. QUALITY OF LIFE. (1) The facility must promote care for residents in a manner and in an environment that maintains or enhances each resident's dignity and respect in full recognition of his or her individuality.
(2) Within reasonable facility rules designed to protect the rights and quality of life of residents, the resident has the right to:
(a) Choose activities, schedules, and health care consistent with his or her interests, assessments, and plans of care;
(b) Interact with members of the community both inside and outside the facility;
(c) Make choices about aspects of his or her life in the facility that are significant to the resident;
(d) Wear his or her own clothing and determine his or her own dress, hair style, or other personal effects according to individual preference;
(e) Unless adjudged incompetent or otherwise found to be legally incapacitated, participate in planning care and treatment or changes in care and treatment;
(f) Unless adjudged incompetent or otherwise found to be legally incapacitated, to direct his or her own service plan and changes in the service plan, and to refuse any particular service so long as such refusal is documented in the record of the resident.
(3)(a) A resident has the right to organize and participate in resident groups in the facility.
(b) A resident's family has the right to meet in the facility with the families of other residents in the facility.
(c) The facility must provide a resident or family group, if one exists, with meeting space.
(d) Staff or visitors may attend meetings at the group's invitation.
(e) When a resident or family group exists, the facility must listen to the views and act upon the grievances and recommendations of residents and families concerning proposed policy and operational decisions affecting resident care and life in the facility.
(f) The resident has the right to refuse to perform services for the facility except as voluntarily agreed by the resident and the facility in the resident's service plan.
(4) A resident has the right to participate in social, religious, and community activities that do not interfere with the rights of other residents in the facility.
(5) A resident has the right to:
(a) Reside and receive services in the facility with reasonable accommodation of individual needs and preferences, except when the health or safety of the individual or other residents would be endangered; and
(b) Receive notice before the resident's room or roommate in the facility is changed.
(6) A resident has the right to share a double room with his or her spouse when married residents live in the same facility and both spouses consent to the arrangement.
NEW SECTION. Sec. 16. FEE DISCLOSURE--DEPOSITS. (1) Prior to admission, all long-term care facilities or nursing facilities licensed under chapter 18.51 RCW that require payment of an admissions fee, deposit, or a minimum stay fee, by or on behalf of a person seeking admissions to the long-term care facility or nursing facility, shall provide the resident, or his or her representative, full disclosure in writing of the long-term care facility or nursing facility's schedule of charges for items and services provided by the facility and the amount of any admissions fees, deposits, or minimum stay fees. In addition, the long-term care facility or nursing facility shall also fully disclose in writing prior to admission what portion of the deposits, admissions fees, or minimum stay fees will be refunded to the resident or his or her representative if the resident leaves the long-term care facility or nursing facility. If a resident, during the first thirty days of residence, dies or is hospitalized and does not return to the facility, the facility shall refund any deposit already paid less the facility's per diem rate for the days the resident actually resided or reserved a bed in the facility notwithstanding any minimum stay policy. All long-term care facilities or nursing facilities covered under this section are required to refund any and all refunds due the resident or their representative within thirty days from the resident's date of discharge from the facility. Nothing in this section applies to provisions in contracts negotiated between a nursing facility or long-term care facility and a certified health plan, health or disability insurer, health maintenance organization, managed care organization, or similar entities.
(2) Where a long-term care facility or nursing facility requires the execution of an admission contract by or on behalf of an individual seeking admission to the facility, the terms of the contract shall be consistent with the requirements of this section.
NEW SECTION. Sec. 17. LIABILITY MAY NOT BE WAIVED. No long-term care facility or nursing facility licensed under chapter 18.51 RCW shall require residents to sign waivers of potential liability for losses of personal property.
NEW SECTION. Sec. 18. OMBUDSMAN IMPLEMENTATION DUTIES. The long-term care ombudsman shall monitor implementation of this chapter and determine the degree to which veterans' homes, nursing facilities, adult family homes, and boarding homes ensure that residents are able to exercise their rights. The long-term care ombudsman shall consult with the departments of health and social and health services, long-term care facility organizations, resident groups, and senior and disable citizen organizations and report to the house of representatives committee on health care and the senate committee on health and human services concerning the implementation of this chapter with any applicable recommendations by July 1, 1995.
NEW SECTION. Sec. 19. NONJUDICIAL REMEDIES THROUGH REGULATORY AUTHORITIES ENCOURAGED--REMEDIES CUMULATIVE. The legislature intends that long-term care facility or nursing home residents, their family members or guardians, the long-term care ombudsman, protection and advocacy personnel identified in section 12(4) (e) and (f), and others who may seek to assist long-term care facility or nursing home residents, use the least formal means available to satisfactorily resolve disputes that may arise regarding the rights conferred by the provisions of sections 1 through 24 of this act. Wherever feasible, direct discussion with facility personnel or administrators should be employed. Failing that, and where feasible, recourse may be sought through state or federal long-term care or nursing home licensing or other regulatory authorities. However, the procedures suggested in this section are cumulative and shall not restrict an agency or person from seeking a remedy provided by law or from obtaining additional relief based on the same facts, including any remedy available to an individual at common law. This act is not intended to, and shall not be construed to, create any right of action on the part of any individual beyond those in existence under any common law or statutory doctrine. This act is not intended to, and shall not be construed to, operate in derogation of any right of action on the part of any individual in existence on the effective date of this act.
NEW SECTION. Sec. 20. RIGHTS ARE MINIMAL. The rights set forth in this chapter are the minimal rights guaranteed to all residents of long-term care facilities, and are not intended to diminish rights set forth in other state or federal laws that may contain additional rights.
NEW SECTION. Sec. 21. A new section is added to chapter 18.20 RCW to read as follows:
BOARDING HOMES. Sections 1 through 4, 5(1), and 6 through 20 of this act apply to this chapter and persons regulated under this chapter.
NEW SECTION. Sec. 22. A new section is added to chapter 18.51 RCW to read as follows:
NURSING HOMES. Sections 16 through 20 of this act apply to this chapter and persons regulated under this chapter.
NEW SECTION. Sec. 23. A new section is added to chapter 72.36 RCW to read as follows:
VETERAN HOME. Chapter 70.-- RCW (sections 1 through 20 of this act) applies to this chapter and persons regulated under this chapter.
NEW SECTION. Sec. 24. A new section is added to chapter 70.128 RCW to read as follows:
ADULT HOMES. Sections 1 through 4, 5(1), and 6 through 20 of this act apply to this chapter and persons regulated under this chapter.
Sec. 25. RCW 18.20.120 and 1957 c 253 s 12 are each amended to read as follows:
All information received by the department or authorized health department through filed reports, inspections, or as otherwise authorized under this chapter, shall not be disclosed publicly in any manner as to identify individuals or boarding homes, except ((in a proceeding involving the question of licensure)) at the specific request of a member of the public and disclosure is consistent with RCW 42.17.260(1).
NEW SECTION. Sec. 26. SEVERABILITY. 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. 27. FEDERAL SEVERABILITY. 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. 28. CAPTIONS. Captions as used in this act constitute no part of the law.
NEW SECTION. Sec. 29. CODIFICATION. Sections 1 through 20 of this act shall constitute a new chapter in Title 70 RCW.
NEW SECTION. Sec. 30. Nothing in this act shall affect the classifying of an adult family home for the purposes of zoning."
On page 1, line 1 of the title, after "facilities;" strike the remainder of the title and insert "amending RCW 18.20.120; adding a new section to chapter 18.20 RCW; adding a new section to chapter 18.51 RCW; adding a new section to chapter 72.36 RCW; adding a new section to chapter 70.128 RCW; adding a new chapter to Title 70 RCW; and creating new sections."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Dellwo moved that the House concur in the Senate amendments to Engrossed Second Substitute House Bill No. 2154 and pass the bill as amended by the Senate. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative Wang presiding) stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 2154 as amended by the Senate.
Representatives Dellwo and Carlson spoke in favor of passage of the bill.
MOTION
On motion of Representative J. Kohl, Representatives Anderson, Riley, Morris, Wineberry, Dorn, Sommers and R. Meyers were excused.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2154, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 90, Nays - 0, Absent - 1, Excused - 7.
Voting yea: Representatives Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dunshee, 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, Leonard, Linville, Lisk, Long, Mastin, McMorris, Mielke, Moak, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wolfe, Wood, Zellinsky and Mr. Speaker - 90.
Absent: Representative Dyer - 1.
Excused: Representatives Anderson, Dorn, Meyers, R., Morris, Riley, Sommers and Wineberry - 7.
Engrossed Second Substitute House Bill No. 2154 as amended by the House, having received the constitutional majority, was declared passed.
The Speaker assumed the chair.
SENATE AMENDMENTS TO HOUSE BILL
March 2, 1994
Mr. Speaker:
The Senate has passed ENGROSSED HOUSE BILL NO. 1756 with the following amendment:
On page 1, line 11, after "lease" insert ": PROVIDED, That nothing in RCW 19.28.510 through 19.28.620 shall be construed to require that a person obtain a license or a certified electrician in order to do electrical work on a residential building with up to four units intended for rent, sale, or lease if the person provides a signed affidavit to the department stating that he or she will occupy one of the units as his or her principal residence. An individual shall apply to the department for this exemption and may receive an exemption once every twenty-four months. It is intended that the individual receiving this exemption shall occupy the unit as his or her principal residence for twenty-four months after completion of the units"
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Heavey moved that the House not concur in the Senate amendments to Engrossed House Bill No. 1756 and ask the Senate for a conference thereon. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives Heavey, Veloria and Chandler as Conferees on Engrossed House Bill No. 1756.
SENATE AMENDMENTS TO HOUSE BILL
March 1, 1994
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 2486 with the following amendments:
On page 2, after line 11, insert the following:
"NEW SECTION. Sec. 4. A new section is added to chapter 43.131 RCW to read as follows:
The future teachers conditional scholarship program shall be terminated on June 30, 2000, as provided in section 5 of this act.
NEW SECTION. Sec. 5. 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, 2001:
(1) RCW 28B.102.010 and 1987 c 437 s 1;
(2) RCW 28B.102.020 and 1993 sp.s. c 18 s 36 & 1987 c 437 s 2;
(3) RCW 28B.102.030 and 1987 c 437 s 3;
(4) RCW 28B.102.040 and 1987 c 437 s 4;
(5) RCW 28B.102.045 and 1988 c 125 s 7;
(6) RCW 28B.102.050 and 1987 c 437 s 5;
(7) RCW 28B.102.060 and 1993 c 423 s 1, 1991 c 164 s 6, & 1987 c 437 s 6;
(8) RCW 28B.102.070 and 1987 c 437 s 7; and
(9) RCW 28B.102.905 and 1987 c 437 s 10.
NEW SECTION. Sec. 6. RCW 28B.102.900 and 1987 c 437 s 9 are each repealed."
On page 1, line 1 of the title, after "provisions;" strike the remainder of the title and insert "amending RCW 43.131.381 and 43.131.382; adding new sections to chapter 43.131 RCW; and repealing RCW 43.131.215, 43.131.216, 43.131.327, 43.131.328, 43.131.347, 43.131.348, 43.131.365, 43.131.366, 43.131.371, 43.131.372, and 28B.102.900."
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Valle moved that the House not concur in the Senate amendments to House Bill No. 2486 and ask the Senate for a conference thereon. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives Ogden, Sommers and Reams as Conferees on House Bill No. 2486.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives Wineberry, Quall and Schoesler as Conferees on Substitute House Bill No. 2627.
SENATE AMENDMENTS TO HOUSE BILL
March 4, 1994
Mr. Speaker:
The Senate has passed ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2319 with the following amendments:
Strike everything after the enacting clause and insert the following:
PART I. INTENT
NEW SECTION. Sec. 101. The legislature finds that the increasing violence in our society causes great concern for the immediate health and safety of our citizens and our social institutions. Youth violence is increasing at an alarming rate and young people between the ages of fifteen and twenty-four are at the highest risk of being perpetrators and victims of violence. Additionally, random violence, including homicide and the use of firearms, has dramatically increased over the last decade.
The legislature finds that violence is abhorrent to the aims of a free society and that it can not be tolerated. State efforts at reducing violence must include changes in criminal penalties, reducing the unlawful use of and access to firearms, increasing educational efforts to encourage nonviolent means for resolving conflicts, and allowing communities to design their prevention efforts.
The legislature finds that the problem of violence can be addressed with many of the same approaches that public health programs have used to control other problems such as infectious disease, tobacco use, and traffic fatalities.
Addressing the problem of violence requires the concerted effort of all communities and all parts of state and local governments. It is the immediate purpose of chapter . . ., Laws of 1994 (this act) to: (1) Prevent acts of violence by encouraging change in social norms and individual behaviors that have been shown to increase the risk of violence; (2) reduce the rate of at-risk children and youth, as defined in RCW 70.190.010; (3) increase the severity and certainty of punishment for youth and adults who commit violent acts; (4) reduce the severity of harm to individuals when violence occurs; (5) empower communities to focus their concerns and allow them to control the funds dedicated to empirically supported preventive efforts in their region; and (6) reduce the fiscal and social impact of violence on our society.
Sec. 102. RCW 74.14A.020 and 1983 c 192 s 2 are each amended to read as follows:
((The department of social and health services)) State efforts shall address the needs of children and their families, including emotionally disturbed and mentally ill children, potentially dependent children, and families-in-conflict by:
(1) Serving children and families as a unit in the least restrictive setting available and in close proximity to the family home, consistent with the best interests and special needs of the child;
(2) Ensuring that appropriate social and health services are provided to the family unit both prior to and during the removal of a child from the home and after family reunification;
(3) Ensuring that the safety and best interests of the child are the paramount considerations when making placement and service delivery decisions;
(4) Recognizing the interdependent and changing nature of families and communities, building upon their inherent strengths, maintaining their dignity and respect, and tailoring programs to their specific circumstances;
(5) Developing and implementing comprehensive, preventive, and early intervention social and health services which have demonstrated the ability to delay or reduce the need for out-of-home placements and ameliorate problems before they become chronic or severe;
(((4))) (6) Being sensitive to the family and community culture, norms, values, and expectations, ensuring that all services are provided in a culturally appropriate and relevant manner, and ensuring participation of racial and ethnic minorities at all levels of planning, delivery, and evaluation efforts;
(7)(a) Developing coordinated social and health services which:
(((a))) (i) Identify problems experienced by children and their families early and provide services which are adequate in availability, appropriate to the situation, and effective;
(((b))) (ii) Seek to bring about meaningful change before family situations become irreversibly destructive and before disturbed psychological behavioral patterns and health problems become severe or permanent;
(((c))) (iii) Serve children and families in their own homes thus preventing unnecessary out-of-home placement or institutionalization;
(((d))) (iv) Focus resources on social and health problems as they begin to manifest themselves rather than waiting for chronic and severe patterns of illness, criminality, and dependency to develop which require long-term treatment, maintenance, or custody;
(((e))) (v) Reduce duplication of and gaps in service delivery;
(((f))) (vi) Improve planning, budgeting, and communication among all units of the department ((serving)) and among all agencies that serve children and families; and
(((g) Develop)) (vii) Utilize outcome standards for measuring the effectiveness of social and health services for children and families.
(b) In developing services under this subsection, local communities must be involved in planning and developing community networks that are tailored to their unique needs.
PART II. PUBLIC HEALTH
NEW SECTION. Sec. 201. The legislature recognizes that the state patrol, the office of the administrator for the courts, the sheriffs' and police chiefs' association, the department of social and health services, the department of community development, the sentencing guidelines commission, the department of corrections, and the superintendent of public instruction each have comprehensive data and analysis capabilities that have contributed greatly to our current understanding of crime and violence, and their causes.
The legislature finds, however, that a single health-oriented agency must be designated to provide consistent guidelines to all these groups regarding the way in which their data systems collect this important data. It is not the intent of the legislature by section 202 of this act to transfer data collection requirements from existing agencies or to require the addition of major new data systems. It is rather the intent to make only the minimum required changes in existing data systems to increase compatibility and comparability, reduce duplication, and to increase the usefulness of data collected by these agencies in developing more accurate descriptions of violence.
NEW SECTION. Sec. 202. A new section is added to chapter 43.70 RCW to read as follows:
(1) The department of health shall develop, based on recommendations in the public health improvement plan and in consultation with affected groups or agencies, comprehensive rules for the collection and reporting of data relating to acts of violence, at-risk behaviors, and risk and protective factors. The data collection and reporting rules shall be used by any public or private entity that is required to report data relating to these behaviors and conditions. The department may require any agency or program that is state-funded or that accepts state funds and any licensed or regulated person or professional to report these behaviors and conditions. To the extent possible the department shall require the reports to be filed through existing data systems. The department may also require reporting of attempted acts of violence and of nonphysical injuries. For the purposes of this section "acts of violence" means self-directed and interpersonal behaviors that can result in suicide, homicide, and nonfatal intentional injuries. "At-risk behaviors," "protective factors," and "risk factors" have the same meanings as provided in RCW 70.190.010.
(2) The department is designated as the state-wide agency for the coordination of all information relating to violence and other intentional injuries, at-risk behaviors, and risk and protective factors.
(3) The department shall provide necessary data to the local health departments for use in planning by or evaluation of any community network authorized under section 303 of this act.
(4) The department shall publish annual reports on intentional injuries, unintentional injuries, rates of at-risk youth, and associated risk and protective factors. The reports shall be submitted to the legislative budget committee.
(5) The department shall by rule establish requirements for local health departments to perform assessment related to at-risk behaviors and risk and protective factors and to assist community networks in policy development and in planning and other duties under chapter . . ., Laws of 1994 (this act).
(6) The department may, consistent with its general authority and directives under sections 201 through 205 of this act, contract with a college or university that has experience in data collection relating to the health and overall welfare of children to provide assistance to:
(a) State and local health departments in developing new sources of data to track acts of violence, at-risk behaviors, and risk and protective factors; and
(b) Local health departments to compile and effectively communicate data in their communities.
NEW SECTION. Sec. 203. A new section is added to chapter 43.70 RCW to read as follows:
The public health services improvement plan developed under RCW 43.70.520 shall include:
(1) Minimum standards for state and local public health assessment, performance measurement, policy development, and assurance regarding social development to reduce at-risk behaviors and risk and protective factors.
(2)(a) Measurable risk factors that are empirically linked to violent criminal acts by juveniles, substance abuse, teen pregnancy and male parentage, suicide attempts, and dropping out of school; and
(b) An evaluation of other factors to determine whether they are empirically related risk factors, such as: Child abuse and neglect, out-of-home placements, poverty, single-parent households, inadequate nutrition, hunger, unemployment, lack of job skills, gang affiliation, lack of recreational or cultural opportunities, domestic violence, school absenteeism, court-ordered parenting plans, physical, emotional, or behavioral problems requiring special needs assistance in K-12 schools, learning disabilities, and any other possible factors.
(3) Data collection and analysis standards on at-risk behaviors and risk and protective factors for use by the local public health departments and the state council and the local community networks to ensure consistent and interchangeable data.
(4) Recommendations regarding any state or federal statutory barriers affecting data collection or reporting.
The department shall provide an annual report to the legislative budget committee on the implementation of this section.
NEW SECTION. Sec. 204. A new section is added to chapter 43.70 RCW to read as follows:
The department, in consultation with the community public health and safety council created in chapter 70.190 RCW, shall establish, by rule, standards for local health departments and networks to use in assessment, performance measurement, policy development, and assurance regarding social development to prevent health problems caused by risk factors empirically linked to: Violent criminal acts by juveniles, substance abuse, teen pregnancy and male parentage, suicide attempts, and dropping out of school. The standards shall be based on the standards set forth in the public health improvement plan as required by section 203 of this act.
The department, in consultation with the community public health and safety council, shall review the definitions of at-risk children and youth, protective factors, and risk factors contained in RCW 70.190.010 and make any suggested recommendations for change to the legislature by January 1, 1995.
NEW SECTION. Sec. 205. A new section is added to chapter 43.70 RCW to read as follows:
The legislature encourages the use of a state-wide voluntary, socially responsible policy to reduce the emphasis, amount, and type of violence in all public media. The department shall develop a suggested reporting format for use by the print, television, and radio media in reporting their voluntary violence reduction efforts. Each area of the public media may carry out the policy in whatever manner that area deems appropriate.
Sec. 206. RCW 43.70.010 and 1989 1st ex.s. c 9 s 102 are each amended to read as follows:
As used in this chapter, unless the context indicates otherwise:
(1) "Assessment" means the regular collection, analysis, and sharing of information about health conditions, risks, and resources in a community. Assessment activities identify trends in illness, injury, and death and the factors that may cause these events. They also identify environmental risk factors, community concerns, community health resources, and the use of health services. Assessment includes gathering statistical data as well as conducting epidemiologic and other investigations and evaluations of health emergencies and specific ongoing health problems;
(2) "Board" means the state board of health;
(((2))) (3) "Council" means the health care access and cost control council;
(((3))) (4) "Department" means the department of health; ((and
(4))) (5) "Policy development" means the establishment of social norms, organizational guidelines, operational procedures, rules, ordinances, or statutes that promote health or prevent injury, illness, or death; and
(6) "Secretary" means the secretary of health.
PART III. COMMUNITY NETWORKS
Sec. 301. RCW 70.190.005 and 1992 c 198 s 1 are each amended to read as follows:
The legislature finds that a primary goal of public involvement in the lives of children has been to strengthen the family unit.
However, the legislature recognizes that traditional two-parent families with one parent routinely at home are now in the minority. In addition, extended family and natural community supports have eroded drastically. The legislature recognizes that public policy assumptions must be altered to account for this new social reality. Public effort must be redirected to expand, support, strengthen, and help ((refashion)) reconstruct family and community ((associations)) networks to ((care for)) assist in meeting the needs of children.
The legislature finds that a broad variety of services for children and families has been independently designed over the years and that the coordination and cost-effectiveness of these services will be enhanced through the adoption of ((a common)) an approach ((to their delivery)) that allows communities to prioritize and coordinate services to meet their local needs. The legislature further finds that the most successful programs for reaching and working with at-risk families and children treat individuals' problems in the context of the family, offer a broad spectrum of services, are flexible in the use of program resources, and use staff who are trained in crossing traditional program categories in order to broker services necessary to fully meet a family's needs.
The legislature further finds that eligibility criteria, expenditure restrictions, and reporting requirements of state and federal categorical programs often create barriers toward the effective use of resources for addressing the multiple problems of at-risk families and children.
The purposes of this chapter are (1) to modify public policy and programs to empower communities to support and respond to the needs of individual families and children and (2) to improve the responsiveness of services for children and families at risk by facilitating greater coordination and flexibility in the use of funds by state and local service agencies.
Sec. 302. RCW 70.190.010 and 1992 c 198 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) "Assessment" has the same meaning as provided in RCW 43.70.010.
(2) "At-risk" children and youth are those who risk the significant loss of social, educational, or economic opportunities.
(3) "At-risk behaviors" means violent delinquent acts, substance abuse, teen pregnancy and male parentage, suicide attempts, and dropping out of school. At-risk children and youth also include those who are victims of violence, abuse, neglect, and those who have been removed from the custody of their parents.
(4) "Comprehensive plan" means a two-year plan that examines available resources and unmet needs for a county or multicounty area, barriers that limit the effective use of resources, and a plan to address these issues that is broadly supported.
(((2))) (5) "Participating state agencies" means the office of the superintendent of public instruction, the department of social and health services, the department of health, the employment security department, the department of community, trade, and economic development, and such other departments as may be specifically designated by the governor.
(((3) "Family policy)) (6) "Community public health and safety council" or "council" means: The superintendent of public instruction, the secretary of social and health services, the secretary of health, the commissioner of the employment security department, and the director of the department of community, trade, and economic development or their designees((,)); one legislator from each caucus of the senate and house of representatives((, and)); one representative of the governor; one representative each appointed by the governor for cities, towns, counties, federally recognized Indian tribes, school districts, the children's commission, law enforcement agencies, superior courts, public parks and recreation programs, and private agency service providers; citizen representatives of community organizations not associated with delivery of services affected by chapter . . ., Laws of 1994 (this act); and two chief executive officers of major Washington corporations appointed by the governor.
(((4))) (7) "Outcome" or "outcome based" means defined and measurable outcomes ((and indicators that make it possible for communities)) used to evaluate progress in ((meeting their goals and whether systems are fulfilling their responsibilities)) reducing the rate of at-risk children and youth through reducing risk factors and increasing protective factors.
(((5))) (8) "Matching funds" means an amount no less than twenty-five percent of the amount budgeted for a ((consortium's project)) community network's plan. Up to half of the ((consortium's)) community network's matching funds may be in-kind goods and services. Funding sources allowable for match include appropriate federal or local levy funds, private charitable funding, and other charitable giving. Basic education funds shall not be used as a match.
(((6) "Consortium" means a diverse group of individuals that includes at least representatives of local service providers, service recipients, local government administering or funding children or family service programs, participating state agencies, school districts, existing children's commissions, ethnic and racial minority populations, and other interested persons organized for the purpose of designing and providing collaborative and coordinated services under this chapter. Consortiums shall represent a county, multicounty, or municipal service area. In addition, consortiums may represent Indian tribes applying either individually or collectively.))
(9) "Community public health and safety networks" or "community networks" means authorities authorized under section 303 of this act.
(10) "Policy development" has the same meaning as provided in RCW 43.70.010.
(11) "Protective factors" means those factors determined by the department of health to be empirically associated with behaviors that contribute to socially acceptable and healthy nonviolent behaviors. Protective factors include promulgation, identification, and acceptance of community norms regarding appropriate behaviors in the area of delinquency, early sexual activity, and alcohol and substance abuse, educational opportunities, employment opportunities, and absence of crime.
(12) "Risk factors" means those factors determined by the department of health to be empirically associated with at-risk behaviors that contribute to violence. Risk factors include availability of drugs or alcohol, economic, educational, and social deprivation, rejection of identification with the community, academic failure, a family history of high substance abuse, crime, a lack of acceptance of societal norms, and substance, child, and sexual abuse.
NEW SECTION. Sec. 303. A new section is added to chapter 70.190 RCW to read as follows:
(1) The legislature intends to create community public health and safety networks to reconnect parents and other citizens with children, youth, families, and community institutions which support health and safety. The networks should empower parents and other citizens by being a means of expressing their attitudes, spirit, and perspectives regarding safe and healthy family and community life. The legislature intends that parent and other citizen perspectives exercise a controlling influence over policy and program operations of professional organizations concerned with children and family issues within networks in a manner consistent with the Constitution and state law. It is not the intent of the legislature that health, social service, or educational professionals dominate community public health and safety network processes or programs, but rather that these professionals use their skills to lend support to parents and other citizens in expressing their values as parents and other citizens identify community needs and establish community priorities. To this end, the legislature intends full participation of parents and other citizens in community public health and safety networks. The intent is that local community values are reflected in the operations of the network.
(2) A group of persons described in subsection (3) of this section may apply by December 1, 1994, to be a community public health and safety network.
(3) Each community public health and safety network shall be composed of twenty-three people, thirteen of whom shall be citizens with no direct fiduciary interest in health, education, social service, or justice system organizations operating within the network area. In selecting these members, first priority shall be given to citizen members of community mobilization advisory boards, city or county children's services commissions, human services advisory boards, or other such organizations which may exist within the network. These thirteen persons shall be selected as follows: Three by the chambers of commerce located in the network, three by school board members of the school districts within the network boundary, three by the county legislative authorities of the counties within the network boundary, three by the city legislative authorities of the cities within the network boundary, and one high school student, selected by student organizations within the network boundary. The remaining ten members shall include local representation from the following groups and entities: Cities, counties, federally recognized Indian tribes, parks and recreation programs, law enforcement agencies, superior court judges, state children's service workers from within the network area, employment assistance workers from within the network area, private social, educational, or health service providers from within the network area, and broad-based nonsecular organizations.
(4) A list of the network members shall be submitted to the governor by December 1, 1994, by the network chair who shall be selected by network members at their first meeting. The list shall become final unless the governor chooses other members within twenty days after the list is submitted. The governor shall accept the list unless he or she believes the proposed list does not adequately represent all parties identified in subsection (3) of this section or a member has a conflict of interest between his or her membership and his or her livelihood. Members of the community network shall serve terms of three years.
The terms of the initial members of each network shall be as follows: (a) One-third shall serve for one year; (b) one-third shall serve for two years; and (c) one-third shall serve for three years. Initial members may agree which shall serve fewer than three years or the decision may be made by lot. The same process shall be used in the selection of the chair and members for subsequent terms. Any vacancy occurring during the term may be filled by the chair for the balance of the unexpired term.
(5) The network shall select a public entity as the lead administrative and fiscal agency for the network. In making the selection, the network shall consider: (a) Experience in administering prevention and intervention programs; (b) the relative geographical size of the network and its members; (c) budgeting and fiscal capacity; and (d) how diverse a population each entity represents.
NEW SECTION. Sec. 304. A new section is added to chapter 70.190 RCW to read as follows:
The community public health and safety networks shall:
(1) Review state and local public health data and analysis relating to risk factors, protective factors, and at-risk children and youth;
(2) Prioritize the risk factors and protective factors to reduce the likelihood of their children and youth being at risk. The priorities shall be based upon public health data and assessment and policy development standards provided by the department of health under section 204 of this act;
(3) Develop long-term community plans to reduce the rate of at-risk children and youth; set definitive, measurable goals, based upon the department of health standards; and project their desired outcomes;
(4) Distribute funds to local programs that reflect the locally established priorities and as provided in section 325 of this act;
(5) Comply with outcome-based standards;
(6) Cooperate with the department of health and local boards of health to provide data and determine outcomes; and
(7) Coordinate its efforts with anti-drug use efforts and organizations and maintain a high priority for combatting drug use by at-risk youth.
NEW SECTION. Sec. 305. A new section is added to chapter 70.190 RCW to read as follows:
(1) The community network's plan may include a program to provide postsecondary scholarships to at-risk students who: (a) Are community role models under criteria established by the community network; (b) successfully complete high school; and (c) maintain at least a 2.5 grade point average throughout high school. Funding for the scholarships may include public and private sources.
(2) The community network's plan may also include funding of community-based home visitor programs which are designed to reduce the incidence of child abuse and neglect with the network. The program may provide parents with education and support either in parents' homes or in other locations comfortable for parents, beginning with the birth of their first baby. The program may make the following services available to the families:
(a) Visits for all expectant or new parents, either at the parent's home or another location with which the parent is comfortable;
(b) Screening before or soon after the birth of a child to assess the family's strengths and goals and define areas of concern in consultation with the family;
(c) Parenting education and skills development;
(d) Parenting and family support information and referral;
(e) Parent support groups; and
(f) Service coordination for individual families, and assistance with accessing services, provided in a manner that ensures that individual families have only one individual or agency to which they look for service coordination. Where appropriate for a family, service coordination may be conducted through interdisciplinary or interagency teams.
These programs are intended to be voluntary for the parents involved.
(3) The community network may include funding of:
(a) At-risk youth job placement and training programs. The programs shall:
(i) Identify and recruit at-risk youth for local job opportunities;
(ii) Provide skills and needs assessments for each youth recruited;
(iii) Provide career and occupational counseling to each youth recruited;
(iv) Identify businesses willing to provide employment and training opportunities for at-risk youth;
(v) Match each youth recruited with a business that meets his or her skills and training needs;
(vi) Provide employment and training opportunities that prepare the individual for demand occupations; and
(vii) Include, to the extent possible, collaboration of business, labor, education and training, community organizations, and local government;
(b) Employment assistance, including job development, school-to-work placement, employment readiness training, basic skills, apprenticeships, job mentoring, and private sector and community service employment;
(c) Education assistance, including tutoring, mentoring, interactions with role models, entrepreneurial education and projects, and employment reentry assistance services;
(d) Peer-to-peer, group, and individual counseling, including crisis intervention, for at-risk youth and their parents;
(e) Youth coalitions that provide opportunities to develop leadership skills and gain appropriate respect, recognition, and rewards for their positive contribution to their community;
(f) Technical assistance to applicants to increase their organizational capacity and to improve the likelihood of a successful application; and
(g) Technical assistance and training resources to successful applicants.
NEW SECTION. Sec. 306. A new section is added to chapter 70.190 RCW to read as follows:
(1) A community network that has its membership finalized under section 303(4) of this act shall, upon application to the council, be eligible to receive planning grants and technical assistance from the council. Planning grants may be funded through available federal funds for family preservation services. After receiving the planning grant the region will be given up to one year to submit the long-term community plan. Upon application the community networks are eligible to receive funds appropriated under section 325 of this act.
(2) The council shall enter into biennial contracts with community networks as part of the grant process. The contracts shall be consistent with available resources, and shall be distributed in accordance with the distribution formula developed pursuant to section 320 of this act.
(3) No later than February 1 of each odd-numbered year following the initial contract between the council and a network, the council shall request from the network its plan for the upcoming biennial contract period.
(4) The council shall notify the community networks of their allocation of available resources at least sixty days prior to the start of a new biennial contract period.
NEW SECTION. Sec. 307. A new section is added to chapter 70.190 RCW to read as follows:
The community public health and safety council shall:
(1) Establish network boundaries no later than July 1, 1994. There is a presumption that no county may be divided between two or more community networks and no network shall have fewer than forty thousand population. When approving multicounty networks, considering dividing a county between networks, or creating a network with a population of less than forty thousand, the council must consider: (a) Common economic, geographic, and social interests; (b) historical and existing shared governance; and (c) the size and location of population centers. Individuals and groups within any area shall be given ample opportunity to propose network boundaries in a manner designed to assure full consideration of their expressed wishes;
(2) Develop a technical assistance and training program to assist communities in creating and developing community networks and plans;
(3) Approve the structure, purpose, goals, plan, and performance measurements of each community network;
(4) Identify all prevention and early intervention programs and funds, including all programs funded under RCW 69.50.520, in addition to the programs set forth in section 308 of this act, which could be transferred, in all or part, to the community networks, and report their findings and recommendations to the governor and the legislature regarding any appropriate program transfers by January 1 of each year;
(5) Reward community networks that show exceptional success as provided in section 320 of this act;
(6) Seek every opportunity to maximize federal and other funding that is consistent with the plans approved by the council for the purpose and goals of this chapter;
(7) Review the state-funded out-of-home placement rate before the end of each contract to determine whether the region has sufficiently reduced the rate. If the council determines that there has not been a sufficient reduction in the rate, it may reduce the immediately succeeding grant to the network;
(8)(a) The council shall monitor the implementation of programs contracted by participating state agencies by reviewing periodic reports on the extent to which services were delivered to intended populations, the quality of services, and the extent to which service outcomes were achieved at the conclusion of service interventions. This monitoring shall include provision for periodic feedback to community networks;
(b) The legislature intends that this monitoring be used by the legislative budget committee, together with public health data on at-risk behaviors and risk and protective factors to produce an external evaluation of the effectiveness of the networks and their programs. For this reason, and to conserve public funds, the council shall not conduct or contract for the conduct of control group studies, quasi-experimental design studies, or other analysis efforts to attempt to determine the impact of network programs on at-risk behaviors or risk and protective factors; and
(9) Review the implementation of chapter . . ., Laws of 1994 (this act) and report its recommendations to the legislature annually. The report shall use measurable performance standards to evaluate the implementation.
NEW SECTION. Sec. 308. A new section is added to chapter 70.190 RCW to read as follows:
(1) The council, and each network, shall annually review all state and federal funded programs serving individuals, families, or communities to determine whether a network may be better able to integrate and coordinate these services within the community.
(2) The council, and each network, shall specifically review and report, to the governor and the legislature, on the feasibility and desirability of decategorizing and granting, all or part of, the following program funds to the networks:
(a) Consolidated juvenile services;
(b) Family preservation and support services;
(c) Readiness to learn;
(d) Community mobilization;
(e) Violence prevention;
(f) Community-police partnership;
(g) Child care;
(h) Early intervention and educational services, including but not limited to, birth to three, birth to six, early childhood education and assistance, and headstart;
(i) Crisis residential care;
(j) Victims' assistance;
(k) Foster care;
(l) Adoption support;
(m) Continuum of care; and
(n) Drug and alcohol abuse prevention and early intervention in schools.
(3) In determining the desirability of decategorizing these programs the report shall analyze whether:
(a) The program is an integral part of the community plan without decategorization;
(b) The program is already adequately integrated and coordinated with other programs that are, or will be, funded by the network;
(c) The network could develop the capacity to provide the program's services;
(d) The program goals might receive greater community support and reinforcement through the network;
(e) The program presently ensures that adequate follow-up efforts are utilized, and whether the network could improve on those efforts through decategorization of the funds;
(f) The decategorization would benefit the community; and
(g) The decategorization would assist the network in achieving its goals.
(4) If the council or a network determines that a program should not be decategorized, the council or network shall make recommendations regarding programmatic changes that are necessary to improve the coordination and integration of services and programs, regardless of the funding source for those programs.
(5) Upon the request of the council or a network, the governor may order the decategorization of all or part of any program specified in the request.
NEW SECTION. Sec. 309. A new section is added to chapter 70.190 RCW to read as follows:
(1) The participating state agencies shall execute an interagency agreement to ensure the coordination of their local program efforts regarding children. This agreement shall recognize and give specific planning, coordination, and program administration responsibilities to community networks, after the approval under section 310 of this act of their comprehensive community plans. The community networks shall encourage the development of integrated, regionally based children, youth, and family activities and services with adequate local flexibility to accomplish the purposes stated in section 101 of this act and RCW 74.14A.020.
(2) The community networks shall exercise the planning, coordinating, and program administration functions specified by the state interagency agreement in addition to other activities required by law, and shall participate in the planning process required by chapter 71.36 RCW.
(3) Any state or federal funds identified for contracts with community networks shall be transferred with no reductions.
NEW SECTION. Sec. 310. A new section is added to chapter 70.190 RCW to read as follows:
The council shall only disburse funds to a community network after a comprehensive community plan has been prepared by the network and approved by the council or as provided in section 325 of this act. In approving the plan the council shall consider whether the network:
(1) Promoted input from the widest practical range of agencies and affected parties;
(2) Reviewed the indicators of violence data compiled by the local public health departments and incorporated a response to those indicators in the plan;
(3) Obtained a declaration by the largest health department in the region, ensuring that the plan met minimum standards for assessment and policy development relating to social development according to section 204 of this act;
(4) Included a specific mechanism of data collection and transmission based on the rules established under section 204 of this act;
(5) Considered all relevant causes of violence in its community and did not isolate only one or a few of the elements to the exclusion of others and demonstrated evidence of building community capacity through effective neighborhood and community development; and
(6) Committed to make measurable reductions in the rate of at-risk children and youth by reducing the rate of state-funded out-of-home placements and make reductions in at least three of the following rates of youth: Violent criminal acts, substance abuse, pregnancy and male parentage, suicide attempts, or dropping out of school.
Sec. 311. RCW 43.101.240 and 1989 c 271 s 423 are each amended to read as follows:
(1) The criminal justice training commission in cooperation with the United States department of justice department of community relations (region X) shall conduct an assessment of successful community-police partnerships throughout the United States. The commission shall develop training for local law enforcement agencies targeted toward those communities where there has been a substantial increase in drug crimes. The purpose of the training is to facilitate cooperative community-police efforts and enhanced community protection to reduce drug abuse and related crimes. The training shall include but not be limited to conflict management, ethnic sensitivity, cultural awareness, and effective community policing. ((The commission shall report its findings and progress to the legislature by January 1990.))
(2) Local law enforcement agencies are encouraged to form community-police partnerships in ((areas of substantial drug crimes)) all neighborhoods and particularly areas with high rates of criminal activity. These partnerships are encouraged to organize citizen-police task forces which meet on a regular basis to promote greater citizen involvement in combatting drug abuse and to reduce tension between police and citizens. Partnerships that are formed are encouraged to report to the criminal justice training commission of their formation and progress.
(((3) The sum of one hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the drug enforcement and education account to the criminal justice training commission for the purposes of subsection (1) of this section.))
NEW SECTION. Sec. 312. A new section is added to chapter 70.190 RCW to read as follows:
If there exist any federal restrictions against the transfer of funds, for the programs enumerated in section 308 of this act, to the community networks, the council shall assist the governor in immediately applying to the federal government for waivers of the federal restrictions. The council shall also assist the governor in coordinating efforts to make any changes in federal law necessary to meet the purpose and intent of chapter . . ., Laws of 1994 (this act).
NEW SECTION. Sec. 313. A new section is added to chapter 70.190 RCW to read as follows:
For grant funds awarded under this chapter, no state agency may require any other program requirements, except those necessary to meet federal funding standards or requirements. None of the grant funds awarded to the community networks shall be considered as new entitlements.
NEW SECTION. Sec. 314. A new section is added to chapter 70.190 RCW to read as follows:
The implementation of community networks shall be included in all federal and state plans affecting the state's children, youth, and families. The plans shall be consistent with the intent and requirements of this chapter.
Sec. 315. RCW 70.190.020 and 1992 c 198 s 4 are each amended to read as follows:
To the extent that any power or duty of the council ((created according to chapter 198, Laws of 1992)) may duplicate efforts of existing councils, commissions, advisory committees, or other entities, the governor is authorized to take necessary actions to eliminate such duplication. This shall include authority to consolidate similar councils or activities in a manner consistent with the goals of this chapter ((198, Laws of 1992)).
Sec. 316. RCW 70.190.030 and 1992 c 198 s 5 are each amended to read as follows:
(((1))) The ((family policy)) council shall annually solicit from ((consortiums)) community networks proposals to facilitate greater flexibility, coordination, and responsiveness of services at the community level. The council shall consider such proposals only if:
(((a))) (1) A comprehensive plan has been prepared by the ((consortium; and
(b))) community networks;
(2) The ((consortium)) community network has identified and agreed to contribute matching funds as specified in RCW 70.190.010; ((and
(c))) (3) An interagency agreement has been prepared by the ((family policy)) council and the participating local service and support agencies that governs the use of funds, specifies the relationship of the project to the principles listed in RCW 74.14A.025, and identifies specific outcomes and indicators; and
(((d) Funds are to be used to provide support or services needed to implement a family's or child's case plan that are not otherwise adequately available through existing categorical services or community programs; [and]
(e) The consortium has provided written agreements that identify a lead agency that will assume fiscal and programmatic responsibility for the project, and identify participants in a consortium council with broad participation and that shall have responsibility for ensuring effective coordination of resources; and
(f))) (4) The ((consortium)) community network has designed into its comprehensive plan standards for accountability. Accountability standards include, but are not limited to, the public hearing process eliciting public comment about the appropriateness of the proposed comprehensive plan. The ((consortium)) community network must submit reports to the ((family policy)) council outlining the public response regarding the appropriateness and effectiveness of the comprehensive plan.
(((2) The family policy council may submit a prioritized list of projects recommended for funding in the governor's budget document.
(3) The participating state agencies shall identify funds to implement the proposed projects from budget requests or existing appropriations for services to children and their families.))
Sec. 317. RCW 70.190.040 and 1993 c 336 s 901 are each amended to read as follows:
(1) The legislature finds that helping children to arrive at school ready to learn is an important part of improving student learning.
(2) To the extent funds are appropriated, the ((family policy)) council shall ((award)) include those funds in grants to ((community-based consortiums that submit comprehensive plans that include strategies to improve readiness to learn)) community networks.
Sec. 318. RCW 70.190.900 and 1992 c 198 s 11 are each amended to read as follows:
By June 30, 1995, the ((family policy)) council shall report to the appropriate committees of the legislature on the expenditures made, outcomes attained, and other pertinent aspects of its experience in the implementation of RCW 70.190.030.
NEW SECTION. Sec. 319. A new section is added to chapter 43.41 RCW to read as follows:
The office of financial management shall review the administration of funds for programs identified under section 308 of this act and propose legislation to complete interdepartmental transfers of funds or programs as necessary. The office of financial management shall review statutes that authorize the programs identified under section 308 of this act and suggest legislation to eliminate statutory requirements that may interfere with the administration of that policy.
NEW SECTION. Sec. 320. A new section is added to chapter 43.41 RCW to read as follows:
(1) The office of financial management, in consultation with affected parties, shall establish a fund distribution formula for determining allocations to the community networks authorized under section 310 of this act. The formula shall reflect the local needs assessment for at-risk children and consider:
(a) The number of arrests and convictions for juvenile violent offenses;
(b) The number of arrests and convictions for crimes relating to juvenile drug offenses and alcohol related offenses;
(c) The number of teen pregnancies and parents;
(d) The number of child and teenage suicides and attempted suicides; and
(e) The high school graduation rate.
(2) In developing the formula, the office of financial management shall reserve five percent of the funds for the purpose of rewarding community networks.
(3) The reserve fund shall be used by the council to reward community networks that show exceptional reductions in: State-funded out-of-home placements, violent criminal acts by juveniles, substance abuse, teen pregnancy and male parentage, teen suicide attempts, or school dropout rates.
(4) The office of financial management shall submit the distribution formula to the community public health and safety council and to the appropriate committees of the legislature by December 20, 1994.
NEW SECTION. Sec. 321. A new section is added to chapter 70.190 RCW to read as follows:
If a community network is unable or unwilling to assume powers and duties authorized under this chapter by June 30, 1998, or the legislative budget committee makes a recommendation under section 801 of this act, the governor may transfer all funds and programs available to a community network to a single state agency whose statutory purpose, mission, goals, and operating philosophy most closely supports the principles and purposes of section 101 of this act and RCW 74.14A.020, for the purpose of integrating the programs and services.
NEW SECTION. Sec. 322. The secretary of social and health services and the insurance commissioner shall conduct a study regarding liability issues and insurance rates for private nonprofit group homes that contract with the department for client placement. The secretary and commissioner shall report their findings and recommendations to the legislature by November 15, 1994.
NEW SECTION. Sec. 323. A new section is added to chapter 43.20A RCW to read as follows:
The secretary of social and health services shall make all of the department's evaluation and research materials and data on private nonprofit group homes available to group home contractors. The department may delete any information from the materials that identifies a specific client or contractor, other than the contractor requesting the materials.
NEW SECTION. Sec. 324. The governor shall appoint the initial members of the community public health and safety council by May 1, 1994.
NEW SECTION. Sec. 325. Any funds appropriated to the violence reduction and drug enforcement account in the 1993-95 supplemental budget for purposes of community networks shall only be available upon application of a network to the council. The application shall identify the programs and a plan for expenditure of the funds. The application and plan shall demonstrate the effectiveness of the program in terms of reaching its goals and provide clear and substantial evidence that additional funds will substantially improve the ability of the program to increase its effectiveness.
This section shall expire June 30, 1995.
NEW SECTION. Sec. 326. RCW 70.190.900 and 1994 c . . . s 318 (section 318 of this act) & 1992 c 198 s 11 are each repealed.
NEW SECTION. Sec. 327. Section 326 of this act shall take effect July 1, 1995.
PART IV. PUBLIC SAFETY
Sec. 401. RCW 43.06.260 and 1969 ex.s. c 186 s 7 are each amended to read as follows:
After the proclamation of a state of emergency as provided in RCW 43.06.010 any person ((sixteen)) fourteen years of age or over who violates any provision of RCW 43.06.010((, and)) or 43.06.200 through 43.06.270 shall be ((prosecuted as an adult)) subject to a decline hearing under RCW 13.40.110.
NEW SECTION. Sec. 402. A new section is added to chapter 35.21 RCW to read as follows:
(1) Any city or town has the authority to enact an ordinance, for the purpose of preserving the public safety or reducing acts of violence by or against juveniles that are occurring at such rates as to be beyond the capacity of the police to assure public safety, establishing times and conditions under which juveniles may be present on the public streets, in the public parks, or in any other public place during specified hours.
(2) The ordinance shall: (a) Contain clear specific prohibitions in terms of location, conduct, and ages; and (b) accommodate (i) juveniles acting in the course of their employment, (ii) juveniles engaged in organized school activities, (iii) the physical well-being of the juvenile, and (iv) juveniles who are in the presence of their parents.
NEW SECTION. Sec. 403. A new section is added to chapter 35A.11 RCW to read as follows:
(1) Any code city has the authority to enact an ordinance, for the purpose of preserving the public safety or reducing acts of violence by or against juveniles that are occurring at such rates as to be beyond the capacity of the police to assure public safety, establishing times and conditions under which juveniles may be present on the public streets, in the public parks, or in any other public place during specified hours.
(2) The ordinance shall: (a) Contain clear specific prohibitions in terms of location, conduct, and ages; and (b) accommodate (i) juveniles acting in the course of their employment, (ii) juveniles engaged in organized school activities, (iii) the physical well-being of the juvenile, and (iv) juveniles who are in the presence of their parents.
NEW SECTION. Sec. 404. A new section is added to chapter 36.32 RCW to read as follows:
(1) The legislative authority of any county has the authority to enact an ordinance, for the purpose of preserving the public safety or reducing acts of violence by or against juveniles that are occurring at such rates as to be beyond the capacity of the police to assure public safety, establishing times and conditions under which juveniles may be present on the public streets, in the public parks, or in any other public place during specified hours.
(2) The ordinance shall: (a) Contain clear specific prohibitions in terms of location, conduct, and ages; and (b) accommodate (i) juveniles acting in the course of their employment, (ii) juveniles engaged in organized school activities, (iii) the physical well-being of the juvenile, and (iv) juveniles who are in the presence of their parents.
Sec. 405. RCW 46.20.265 and 1991 c 260 s 1 are each amended to read as follows:
(1) In addition to any other authority to revoke driving privileges under this chapter, the department shall revoke all driving privileges of a juvenile when the department receives notice from a court pursuant to section 407 or 408 of this act, RCW 13.40.265, 66.44.365, 69.41.065, 69.50.420, 69.52.070, or a substantially similar municipal ordinance adopted by a local legislative authority, or from a diversion unit pursuant to RCW 13.40.265. The revocation shall be imposed without hearing.
(2) The driving privileges of the juvenile revoked under subsection (1) of this section shall be revoked in the following manner:
(a) Upon receipt of the first notice, the department shall impose a revocation for one year, or until the juvenile reaches seventeen years of age, whichever is longer.
(b) Upon receipt of a second or subsequent notice, the department shall impose a revocation for two years or until the juvenile reaches eighteen years of age, whichever is longer.
(3) If the department receives notice from a court that the juvenile's privilege to drive should be reinstated, the department shall immediately reinstate any driving privileges that have been revoked under this section.
(4)(a) If the department receives notice pursuant to RCW 13.40.265(2)(b) from a diversion unit that a juvenile has completed a diversion agreement for which the juvenile's driving privileges were revoked, the department shall reinstate any driving privileges revoked under this section as provided in (b) of this subsection.
(b) If the diversion agreement was for the juvenile's first violation of chapter 9.41, 66.44, 69.41, 69.50, or 69.52 RCW, the department shall not reinstate the juvenile's privilege to drive until the later of ninety days after the date the juvenile turns sixteen or ninety days after the juvenile entered into a diversion agreement for the offense. If the diversion agreement was for the juvenile's second or subsequent violation of chapter 9.41, 66.44, 69.41, 69.50, or 69.52 RCW, the department shall not reinstate the juvenile's privilege to drive until the later of the date the juvenile turns seventeen or one year after the juvenile entered into the second or subsequent diversion agreement.
Sec. 406. RCW 13.40.265 and 1989 c 271 s 116 are each amended to read as follows:
(1)(a) If a juvenile thirteen years of age or older is found by juvenile court to have committed an offense that is a violation of chapter 9.41, 66.44, 69.41, 69.50, or 69.52 RCW, the court shall notify the department of licensing within twenty-four hours after entry of the judgment.
(b) Except as otherwise provided in (c) of this subsection, upon petition of a juvenile who has been found by the court to have committed an offense that is a violation of chapter 9.41, 66.44, 69.41, 69.50, or 69.52 RCW, the court may at any time the court deems appropriate notify the department of licensing that the juvenile's driving privileges should be reinstated.
(c) If the offense is the juvenile's first violation of chapter 9.41, 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until ninety days after the date the juvenile turns sixteen or ninety days after the judgment was entered, whichever is later. If the offense is the juvenile's second or subsequent violation of chapter 9.41, 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the date the juvenile turns seventeen or one year after the date judgment was entered, whichever is later.
(2)(a) If a juvenile enters into a diversion agreement with a diversion unit pursuant to RCW 13.40.080 concerning an offense that is a violation of chapter 9.41, 66.44, 69.41, 69.50, or 69.52 RCW, the diversion unit shall notify the department of licensing within twenty-four hours after the diversion agreement is signed.
(b) If a diversion unit has notified the department pursuant to (a) of this subsection, the diversion unit shall notify the department of licensing when the juvenile has completed the agreement.
NEW SECTION. Sec. 407. A new section is added to chapter 9.41 RCW to read as follows:
(1) If a juvenile thirteen years of age or older and under the age of eighteen is found by a court to have committed any offense that is a violation of this chapter, the court shall notify the department of licensing within twenty-four hours after entry of the judgment.
(2) Except as otherwise provided in subsection (3) of this section, upon petition of a juvenile whose privilege to drive has been revoked pursuant to RCW 46.20.265, the court may at any time the court deems appropriate notify the department of licensing to reinstate the juvenile's privilege to drive.
(3) If the conviction is for the juvenile's first violation of this chapter or chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the later of ninety days after the date the juvenile turns sixteen or ninety days after the judgment was entered. If the conviction was for the juvenile's second or subsequent violation of this chapter or chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the later of the date the juvenile turns seventeen or one year after the date judgment was entered.
NEW SECTION. Sec. 408. A new section is added to chapter 9.94A RCW to read as follows:
Upon conviction of any person under age eighteen of an offense involving the use of a deadly weapon as defined in RCW 9A.04.110 or a violation of chapter 9.41, 66.44, 69.41, 69.50, or 69.52 RCW, the court shall notify the department of licensing of the conviction.
Sec. 409. 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))
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)
Reckless Endangerment 1 (RCW 9A.36.045)
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))
Possession of Stolen Firearm 1 (RCW 9A.56.-- (section 416 of this act))
Reckless Endangerment 2 (RCW 9A.36.-- (section 411 of this act))
Theft of Firearm 1 (RCW 9A.56.-- (section 413 of this act))
Unlawful Possession of Firearm by Felon (RCW 9.41.040)
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)
Possession of Stolen Firearm 2 (RCW 9A.56.-- (section 417 of this act))
Theft of Firearm 2 (RCW 9A.56.-- (section 414 of this act))
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. 410. RCW 9A.36.045 and 1989 c 271 s 109 are each amended to read as follows:
(1) A person is guilty of reckless endangerment in the first degree when he or she recklessly discharges a firearm in a manner which creates a substantial risk of death or serious physical injury to another person and the discharge is either from a motor vehicle or from the immediate area of a motor vehicle that was used to transport the shooter or the firearm to the scene of the discharge.
(2) A person who unlawfully discharges a firearm from a moving motor vehicle may be inferred to have engaged in reckless conduct, unless the discharge is shown by evidence satisfactory to the trier of fact to have been made without such recklessness.
(3) Reckless endangerment in the first degree is a class ((C)) B felony.
NEW SECTION. Sec. 411. A new section is added to chapter 9A.36 RCW to read as follows:
(1) A person is guilty of reckless endangerment in the second degree when he or she recklessly discharges a firearm or uses any other deadly weapon as defined in RCW 9.94A.125 in conduct not amounting to reckless endangerment in the first degree but which creates a substantial risk of death or serious physical injury to another person.
(2) Reckless endangerment in the second degree is a class C felony.
Sec. 412. RCW 9A.36.050 and 1989 c 271 s 110 are each amended to read as follows:
(1) A person is guilty of reckless endangerment in the ((second)) third degree when he or she recklessly engages in conduct not amounting to reckless endangerment in the first or second degree but which creates a substantial risk of death or serious physical injury to another person.
(2) Reckless endangerment in the ((second)) third degree is a gross misdemeanor.
NEW SECTION. Sec. 413. A new section is added to chapter 9A.56 RCW to read as follows:
(1) A person is guilty of theft of a firearm in the first degree if he or she commits theft of:
(a) A firearm or firearms in excess of one thousand dollars in value; or
(b) A total of three or more firearms; or
(c) A firearm or firearms of any value taken from the person of another.
(2) The definition of theft and the defense allowed against the prosecution of theft under RCW 9A.56.020 shall apply to the theft of a firearm in the first degree.
(3) Theft of a firearm in the first degree is a class B felony.
NEW SECTION. Sec. 414. A new section is added to chapter 9A.56 RCW to read as follows:
(1) A person is guilty of theft of a firearm in the second degree if he or she commits theft of any firearm or firearms which does not amount to theft of a firearm in the first degree.
(2) The definition of theft and the defense allowed against the prosecution of theft under RCW 9A.56.020 shall apply to the theft of a firearm in the second degree.
(3) Theft of a firearm in the second degree is a class C felony.
Sec. 415. RCW 9A.56.040 and 1987 c 140 s 2 are each amended to read as follows:
(1) A person is guilty of theft in the second degree if he or she commits theft of:
(a) Property or services which exceed(s) two hundred and fifty dollars in value, but does not exceed one thousand five hundred dollars in value; or
(b) A public record, writing, or instrument kept, filed, or deposited according to law with or in the keeping of any public office or public servant; or
(c) An access device; or
(d) A motor vehicle, of a value less than one thousand five hundred dollars((; or
(e) A firearm, of a value less than one thousand five hundred dollars)).
(2) Theft in the second degree is a class C felony.
NEW SECTION. Sec. 416. A new section is added to chapter 9A.56 RCW to read as follows:
(1) A person is guilty of possessing a stolen firearm in the first degree if he or she possesses a stolen firearm or firearms which:
(a) Exceed one thousand dollars in value; or
(b) Total three or more firearms.
(2) The definition of possessing stolen property and the defense allowed against the prosecution of possessing stolen property under RCW 9A.56.020 shall apply to possessing a stolen firearm in the first degree.
(3) Possessing a stolen firearm in the first degree is a class B felony.
NEW SECTION. Sec. 417. A new section is added to chapter 9A.56 RCW to read as follows:
(1) A person is guilty of possessing a stolen firearm in the second degree if he or she possesses a stolen firearm or firearms not amounting to possessing a stolen firearm in the first degree.
(2) The definition of possessing stolen property and the defense allowed against the prosecution of possessing stolen property under RCW 9A.56.020 shall apply to possessing a stolen firearm in the second degree.
(3) Possessing a stolen firearm in the second degree is a class C felony.
Sec. 418. RCW 9A.56.160 and 1987 c 140 s 4 are each amended to read as follows:
(1) A person is guilty of possessing stolen property in the second degree if:
(a) He or she possesses stolen property which exceeds two hundred fifty dollars in value but does not exceed one thousand five hundred dollars in value; or
(b) He or she possesses a stolen public record, writing or instrument kept, filed, or deposited according to law; or
(c) He or she possesses a stolen access device; or
(d) He or she possesses a stolen motor vehicle of a value less than one thousand five hundred dollars((; or
(e) He possesses a stolen firearm)).
(2) Possessing stolen property in the second degree is a class C felony.
NEW SECTION. Sec. 419. A new section is added to chapter 9.41 RCW to read as follows:
Upon conviction of any person of any offense that disqualifies the offender from ownership of a pistol the court shall: (1) Immediately revoke the concealed pistol license of the offender, if any; (2) order the immediate surrender of the license to the court; (3) destroy the license, unless an appeal of the conviction is timely filed, in which case the court shall retain possession of the license until a final determination of the appeal; and (4) notify the department of licensing of the revocation.
If the license has not otherwise expired, the court shall restore, without cost, the license of a person whose conviction is reversed on appeal. The person shall also be eligible for relicensing without consideration of the original conviction. Upon restoration, the court shall immediately notify the department of licensing.
NEW SECTION. Sec. 420. A new section is added to chapter 9.41 RCW to read as follows:
Upon receipt of notice from the court under section 419 of this act, the department shall correct its records to reflect the revocation or restoration of the concealed pistol license.
Sec. 421. RCW 9.41.010 and 1992 c 205 s 117 and 1992 c 145 s 5 are each reenacted and amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) (("Short firearm" or "pistol" as used in this chapter means any firearm with a barrel less than twelve inches in length)) "Ammunition" means ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm.
(2) "Crime of violence" ((as used in this chapter)) means:
(a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, rape in the second degree, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, residential burglary, reckless endangerment in the first degree, burglary in the second degree, ((and)) robbery in the second degree, and malicious harassment;
(b) Any conviction or adjudication for a felony offense in effect at any time prior to ((July 1, 1976)) the effective date of this section, which is comparable to a felony classified as a crime of violence in subsection (2)(a) of this section; and
(c) Any federal or out-of-state conviction or adjudication for an offense comparable to a felony classified as a crime of violence under subsection (2) (a) or (b) of this section.
(3) "Deadly weapon" has the same definition as in RCW 9A.04.110.
(4) "Dealer" means:
(a) Any person engaged in the business of selling firearms at wholesale or retail;
(b) Any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms; or
(c) Any person who is a pawnbroker.
(5)(a) "Engaged in the business" means:
(i) As applied to a dealer as defined in subsection (4)(a) of this section, a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his or her personal collection of firearms;
(ii) As applied to a dealer as defined in subsection (4)(b) of this section, a person who devotes time, attention, and labor to engaging in such activity as a regular course of trade or business with the principal objective of livelihood and profit, but such term shall not include a person who makes occasional repairs of firearms, or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms.
(b) For the purpose of this subsection, "with the principal objective of livelihood and profit" means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection.
(c) The possession of a federal firearms license under 18 U.S.C. Sec. 923 does not constitute conclusive proof that the holder is a person engaged in business as a dealer.
(6) "Firearm" ((as used in this chapter)) means a weapon or device from which a projectile may be fired by an explosive such as gunpowder.
(((4) "Commercial seller" as used in this chapter means a person who has a federal firearms license.))
(7) "Machine gun" means any firearm known as a machine gun, mechanical rifle, submachine gun, or any other mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second.
(8) "Most serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies, as now existing or hereafter amended:
(a) Any crime of violence;
(b) Child molestation in the second degree;
(c) Controlled substance homicide;
(d) Incest when committed against a child under age fourteen;
(e) Indecent liberties;
(f) Leading organized crime;
(g) Promoting prostitution in the first degree;
(h) Rape in the third degree;
(i) Sexual exploitation;
(j) Vehicular assault;
(k) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(l) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under RCW 9.94A.030;
(m) Any other felony with a deadly weapon verdict under RCW 9.94A.125; or
(n) Any felony offense in effect at any time prior to the effective date of this section that is comparable to a most serious offense, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a most serious offense.
(9) "Pistol" means any firearm with a barrel less than twelve inches in length.
Sec. 422. RCW 9.41.040 and 1992 c 205 s 118 and 1992 c 168 s 2 are each reenacted and amended to read as follows:
(1) A person is guilty of the crime of unlawful possession of a ((short firearm or)) pistol, if, having previously been convicted or, as a juvenile, adjudicated in this state or elsewhere of a crime of violence, a most serious offense, a domestic violence offense enumerated in RCW 10.99.020(2), a harassment offense enumerated in RCW 9A.46.060, or of a felony in which a firearm was used or displayed, the person owns or has in his or her possession any ((short firearm or)) pistol.
(2) Unlawful possession of a ((short firearm or)) pistol shall be punished as a class C felony under chapter 9A.20 RCW.
(3) As used in this section, a person has been "convicted or adjudicated" at such time as a plea of guilty has been accepted or a verdict of guilty has been filed, notwithstanding the pendency of any future proceedings including but not limited to sentencing or disposition, post-trial or post-factfinding motions, and appeals. A person shall not be precluded from possession if the conviction or adjudication has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted or adjudicated or the conviction or disposition has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence.
(4) Except as provided in subsection (5) of this section, a person is guilty of the crime of unlawful possession of a ((short firearm or)) pistol if, after having been convicted or adjudicated of any felony violation of the uniform controlled substances act, chapter 69.50 RCW, or equivalent statutes of another jurisdiction, the person owns or has in his or her possession or under his or her control any ((short firearm or)) pistol.
(5) Notwithstanding subsection (1) of this section, a person convicted of an offense other than murder, manslaughter, robbery, rape, indecent liberties, arson, assault, kidnapping, extortion, burglary, or violations with respect to controlled substances under RCW 69.50.401(a) and 69.50.410, who received a probationary sentence under RCW 9.95.200, and who received a dismissal of the charge under RCW 9.95.240, shall not be precluded from ownership, possession, or control of a firearm as a result of the conviction.
(6)(a) A person who has been committed by court order for treatment of mental illness under RCW 71.05.320 or chapter 10.77 RCW, or equivalent statutes of another jurisdiction, may not possess, in any manner, a firearm as defined in RCW 9.41.010.
(b) At the time of commitment, the court shall specifically state to the person under (a) of this subsection and give the person notice in writing that the person is barred from possession of firearms.
(c) The secretary of social and health services shall develop appropriate rules to create an approval process under this subsection. The rules must provide for the immediate restoration of the right to possess a firearm upon a showing in a court of competent jurisdiction that a person no longer is required to participate in an inpatient or outpatient treatment program, and is no longer required to take medication to treat any condition related to the commitment. Unlawful possession of a firearm under this subsection shall be punished as a class C felony under chapter 9A.20 RCW.
Sec. 423. RCW 9.41.050 and 1982 1st ex.s. c 47 s 3 are each amended to read as follows:
(1) Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a concealed pistol license ((to carry a concealed weapon)).
(2) A person who is in possession of an unloaded pistol shall not leave the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle.
(3) A person shall not carry or place a loaded pistol in any vehicle unless the person has a concealed pistol license ((to carry a concealed weapon)) and: (a) The pistol is on the licensee's person, (b) the licensee is within the vehicle at all times that the pistol is there, or (c) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle.
Sec. 424. RCW 9.41.060 and 1961 c 124 s 5 are each amended to read as follows:
The provisions of RCW 9.41.050 shall not apply to marshals, sheriffs, prison or jail wardens or their deputies, ((policemen)) police officers or other law enforcement officers, or to members of the army, navy or marine corps of the United States or of the national guard or organized reserves when on duty, or to regularly enrolled members of any organization duly authorized to purchase or receive such ((weapons)) pistols from the United States or from this state, or to regularly enrolled members of clubs organized for the purpose of target shooting or modern and antique firearm collecting or to individual hunters: PROVIDED, Such members are at, or are going to or from their places of target practice, or their collector's gun shows and exhibits, or are on a hunting, camping or fishing trip, or to officers or employees of the United States duly authorized to carry a concealed pistol, or to any person engaged in the business of manufacturing, repairing, or dealing in firearms or the agent or representative of any such person having in his or her possession, using, or carrying a pistol in the usual or ordinary course of such business, or to any person while carrying a pistol unloaded and in a secure wrapper from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business or in moving from one place of abode or business to another.
Sec. 425. 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)) possess 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)) license 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)) license under this subsection (1)(g).
(2) In the event the issuing authority is unable to determine whether the applicant has been convicted of an offense that disqualifies the applicant from receiving a license, the issuing authority may extend the period in which a decision is to be made by not more than thirty days if the applicant is notified of the delay by certified mail and is provided an opportunity to present to the issuing authority evidence that he or she has not been convicted of any disqualifying offense. If, at the end of the extended period the issuing authority is unable to determine whether a disqualifying conviction has been entered, the application shall be approved.
(3) 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))) (4) The license shall be revoked by the issuing authority immediately upon conviction of a crime which makes such a person ineligible to ((own)) possess a pistol or upon the third conviction for a violation of this chapter within five calendar years.
(((4))) (5) 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))) (6) The license application shall be in triplicate, in form to be prescribed by the department of licensing, and shall bear the full name, street address, ((and)) date and place of birth, race, gender, 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 application shall also include a statement that the applicant is eligible to possess a pistol under RCW 9.41.040. 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)) applicant shall also provide the following information: Citizenship 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.
Upon approval of the application by the issuing authority, the original ((thereof)) application and license shall be delivered to the licensee((, the)); a duplicate of the license shall within seven days be sent ((by registered mail)) to the director of licensing; and ((the)) a triplicate of the license shall be preserved for six years, by the issuing authority ((issuing said license)). If the application is denied, notice of the denial shall be sent to the applicant and the director of licensing by the issuing authority within five days of denial.
The department of licensing shall enter the information on the application record and license into its data bank. The department shall make available in an on-line format all information received under this subsection and subsection (5) of this section. The form of the application and license shall be as determined by the director of licensing.
(((6))) (7) The fee for the original issuance of a four-year license shall be ((twenty-three)) thirty dollars((: PROVIDED, That)). No other ((additional charges by any)) branch or unit of government ((shall be borne by)) may impose any additional charges on 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)) Five dollars shall be paid to the agency taking the fingerprints of the person licensed;
(c) ((Twelve)) Fifteen dollars and fifty cents shall be paid to the issuing authority solely for the purpose of enforcing this chapter; ((and))
(d) Three dollars to the firearms range account in the general fund; and
(e) Two dollars and fifty cents to the department of licensing solely for the purpose of enforcing this chapter.
(((7))) (8) The fee for the renewal of such license shall be ((fifteen)) twenty dollars((: PROVIDED, That)). No other ((additional charges by any)) branch or unit of government ((shall be borne by)) may impose any additional charges on the applicant for the renewal of the license((: PROVIDED FURTHER, That)).
The renewal fee shall be distributed as follows:
(a) Four dollars shall be paid to the state general fund;
(b) ((Eight)) Ten dollars shall be paid to the issuing authority solely for the purpose of enforcing this chapter; ((and))
(c) Three dollars to the firearms range account in the general fund; and
(d) Three dollars to the department of licensing.
(((8))) (9) Methods of payment shall be ((by cash, check, or money order at the option of the applicant. Additional methods of payment may be allowed)) determined at the option of the issuing authority.
(((9))) (10) 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))) (8) 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))) (11) Notwithstanding the requirements of subsections (1) through (((9))) (10) 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))) (12) A political subdivision of the state shall not: (a) Modify the requirements of this ((section or)) chapter((, nor may a political subdivision)); (b) refuse to accept a completed application; or (c) 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 accept a completed application or 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.
(13) A person who knowingly makes a false statement regarding residency, identity, citizenship, or other required information on an application for a concealed pistol license is guilty of a misdemeanor. Each false statement is a separate offense.
(14) A person may apply for a license only in, and such license may be issued only in, the municipality or the county in which the applicant resides.
Sec. 426. RCW 9.41.080 and 1935 c 172 s 8 are each amended to read as follows:
(1) No person ((shall)) may deliver a pistol or ammunition usable only in a pistol to any person under the age of ((twenty-one)) eighteen or to one who he or she has reasonable cause to believe ((has been convicted of a crime of violence, or is a drug addict, an habitual drunkard, or of unsound mind)) is ineligible to possess a pistol under RCW 9.41.040. No dealer may deliver a pistol or ammunition usable only in a pistol to any person under the age of twenty-one or to one who he or she has reasonable cause to believe is ineligible to possess a pistol under RCW 9.41.040. Violation of this subsection is a gross misdemeanor for the first offense and a class C felony punishable under chapter 9A.20 RCW for all subsequent offenses.
(2) Any person who makes an unlawful delivery under this section within one thousand feet of any public or private elementary or secondary school premises is guilty of a class C felony punishable under chapter 9A.20 RCW.
(3) The minimum sentence for a violation of this section is ninety days of confinement.
Sec. 427. RCW 9.41.090 and 1988 c 36 s 2 are each amended to read as follows:
(1) In addition to the other requirements of this chapter, no ((commercial seller shall)) dealer may deliver a pistol to the purchaser thereof until:
(a) The purchaser produces a valid concealed pistol license and the ((commercial seller)) dealer has recorded the purchaser's name, license number, and issuing agency, such record to be made in triplicate and processed as provided in subsection (4) of this section; or
(b) The ((seller)) dealer is notified in writing by the chief of police of the municipality or the sheriff of the county that the purchaser ((meets the requirements of)) is eligible to possess a pistol under RCW 9.41.040 and that the application to purchase is ((granted)) approved by the chief of police or sheriff; or
(c) Five consecutive days ((including)) excluding Saturday, Sunday and holidays have elapsed from the time of receipt of the application for the purchase thereof as provided herein by the chief of police or sheriff designated in subsection (4) of this section, and, when delivered, ((said)) the pistol shall be securely wrapped and shall not be ((unloaded)) loaded. However, if the purchaser does not have a valid permanent Washington driver's license or state identification card or has not been a resident of the state for the previous consecutive ninety days, the waiting period under this subsection (1)(c) shall be up to sixty days.
(2) In any case under subsection (1)(c) of this section where the applicant has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor, the ((seller)) dealer shall hold the delivery of the pistol until the warrant for arrest is served and satisfied by appropriate court appearance. The local jurisdiction for purposes of the sale shall confirm the existence of outstanding warrants within seventy-two hours after notification of the application to purchase a pistol is received. The local jurisdiction shall also immediately confirm the satisfaction of the warrant on request of the ((seller)) dealer so that the hold may be released if the warrant was for a crime other than a crime of violence.
(3) In any case where the chief or sheriff of the local jurisdiction has reasonable grounds based on the following circumstances: (a) Open criminal charges, (b) pending criminal proceedings, (c) pending commitment proceedings, (d) an outstanding warrant for a crime of violence, or (e) an arrest for a crime of violence if the records of disposition have not yet been reported or entered sufficiently to determine eligibility to purchase a pistol, the local jurisdiction may hold the sale and delivery of the pistol beyond five days up to thirty days in order to confirm existing records in this state or elsewhere. After thirty days, the hold will be lifted unless an extension of the thirty days is approved by a local district court or municipal court for good cause shown. An applicant shall be notified of each hold placed on the sale by local law enforcement and of any application to the court for additional hold period to confirm records or confirm the identity of the applicant.
(4) At the time of applying for the purchase of a pistol, the purchaser shall sign in triplicate and deliver to the ((seller)) dealer an application containing his or her full name, street address, date and place of birth, ((and)) race, and gender; the date and hour of the application; the applicant's driver's license number or state identification card number; ((and)) a description of the ((weapon)) pistol, including((,)) the make, model, caliber and manufacturer's number; and a statement that the purchaser is eligible to ((own)) possess a pistol under RCW 9.41.040. The 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. State permission to purchase a firearm is not a defense to a federal prosecution.
The purchaser shall be given a copy of the department of fish and wildlife pamphlet on the legal limits of the use of firearms, firearms safety, and the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law.
The ((seller)) dealer shall, by the end of the business day, sign and attach his or her address and deliver the original of the application and such other documentation as required under subsection (1) of this section to the chief of police of the municipality or the sheriff of the county of which the ((seller)) dealer is a resident. The dealer shall send the duplicate to the director of licensing within seven days, and retain the triplicate for six years. The ((seller)) dealer shall deliver the pistol to the purchaser following the period of time specified in this section unless the ((seller)) dealer is notified in writing by the chief of police of the municipality or the sheriff of the county, whichever is applicable, denying the purchaser's application to purchase and the grounds thereof. The application shall not be denied unless the purchaser ((fails to meet the requirements specified in)) is not eligible to possess a pistol under RCW 9.41.040. The chief of police of the municipality or the county sheriff shall maintain a file containing the original of the application to purchase a pistol.
(5) Sales by wholesalers to dealers are exempt from the provisions of this section.
(6) A person who knowingly makes a false statement regarding residency, identity, citizenship, or other required information on the application to purchase a pistol is guilty of a misdemeanor. Each false statement is a separate offense.
Sec. 428. RCW 9.41.095 and 1969 ex.s. c 227 s 3 are each amended to read as follows:
Any person whose application to purchase a pistol as provided in RCW 9.41.090 ((as now or hereinafter amended)) is denied shall have a right to appeal to the legislative body of the municipality or of the county, whichever is applicable, for a review of the denial at a public hearing to be conducted within fifteen days after denial. It shall be the duty of the law enforcement officer recommending the denial to appear at such hearing and to present proof relating to the grounds for denial. In the event that the evidence so presented does not sustain one of the grounds for denial enumerated in RCW 9.41.090, the legislative authority shall authorize the sale.
Any person aggrieved by a determination of the appropriate legislative body not to permit the sale of such weapon is entitled to judicial review by the superior court in the appropriate county.
Sec. 429. RCW 9.41.098 and 1993 c 243 s 1 are each amended to read as follows:
(1) The superior courts and the courts of limited jurisdiction of the state may order forfeiture of a firearm which is proven to be:
(a) Found concealed on a person not authorized by RCW 9.41.060 or 9.41.070 to carry a concealed pistol: PROVIDED, That it is an absolute defense to forfeiture if the person possessed a valid Washington concealed pistol license within the preceding two years and has not become ineligible for a concealed pistol license in the interim. Before the firearm may be returned, the person must pay the past due renewal fee and the current renewal fee;
(b) Commercially sold to any person without an application as required by RCW 9.41.090;
(c) Found in the possession or under the control of a person at the time the person committed or was arrested for committing a crime of violence or a crime in which a firearm was used or displayed or a felony violation of the Uniform Controlled Substances Act, chapter 69.50 RCW;
(d) Found concealed on a person who is in any place in which a concealed pistol license is required, and who is under the influence of any drug or under the influence of intoxicating liquor, having 0.10 grams or more of alcohol per two hundred ten liters of breath or 0.10 percent or more by weight of alcohol in the person's blood, as shown by analysis of the person's breath, blood, or other bodily substance;
(e) Found in the possession of a person prohibited from possessing the firearm under RCW 9.41.040;
(f) Found in the possession of a person free on bail or personal recognizance pending trial, appeal, or sentencing for a crime of violence or a crime in which a firearm was used or displayed, except that violations of Title 77 RCW shall not result in forfeiture under this section;
(g) Found in the possession of a person found to have been mentally incompetent while in possession of a firearm when apprehended or who is thereafter committed pursuant to chapter 10.77 or 71.05 RCW;
(h) Known to have been used or displayed by a person in the violation of a proper written order of a court of general jurisdiction; or
(i) Known to have been used in the commission of a crime of violence or a crime in which a firearm was used or displayed or a felony violation of the ((Uniformed [Uniform])) Uniform Controlled Substances Act, chapter 69.50 RCW.
(2) Upon order of forfeiture, the court in its discretion shall order destruction of any firearm that is illegal for any person to possess. A court may temporarily retain forfeited firearms needed for evidence.
(a) Except as provided in (b), (c), and (d) of this subsection, firearms that are: (i) Judicially forfeited and no longer needed for evidence; or (ii) forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010; may be disposed of in any manner determined by the local legislative authority. Any proceeds of an auction or trade may be retained by the legislative authority. This subsection (2)(a) applies only to firearms that come into the possession of the law enforcement agency after June 30, 1993, and applies only if the law enforcement agency has complied with (b) of this subsection.
By midnight, June 30, 1993, every law enforcement agency shall prepare an inventory, under oath, of every firearm that has been judicially forfeited, has been seized and may be subject to judicial forfeiture, or that has been, or may be, forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010.
(b) Except as provided in (c) of this subsection, of the inventoried firearms a law enforcement agency shall destroy illegal firearms, may retain a maximum of ten percent of legal forfeited firearms for agency use, and shall either:
(i) Comply with the provisions for the auction of firearms in RCW 9.41.098 that were in effect immediately preceding May 7, 1993; or
(ii) Trade, auction, or arrange for the auction of, rifles and shotguns. In addition, the law enforcement agency shall either trade, auction, or arrange for the auction of, ((short firearms)) pistols, or shall pay a fee of twenty-five dollars to the state treasurer for every ((short firearm)) pistol neither auctioned nor traded, to a maximum of fifty thousand dollars. The fees shall be accompanied by an inventory, under oath, of every ((short firearm)) pistol listed in the inventory required by (a) of this subsection, that has been neither traded nor auctioned. The state treasurer shall credit the fees to the firearms range account established in RCW 77.12.720. All trades or auctions of firearms under this subsection shall be to ((commercial sellers)) dealers. Proceeds of any auction less costs, including actual costs of storage and sale, shall be forwarded to the firearms range account established in RCW 77.12.720.
(c) Antique firearms as defined by RCW 9.41.150 and firearms recognized as curios, relics, and firearms of particular historical significance by the United States treasury department bureau of alcohol, tobacco, and firearms are exempt from destruction and shall be disposed of by auction or trade to ((commercial sellers)) dealers.
(d) Firearms in the possession of the Washington state patrol on or after May 7, 1993, that are judicially forfeited and no longer needed for evidence, or forfeited due to a failure to make a claim under RCW 63.35.020, must be disposed of as follows: (i) Firearms illegal for any person to possess must be destroyed; (ii) the Washington state patrol may retain a maximum of ten percent of legal firearms for agency use; and (iii) all other legal firearms must be auctioned or traded to ((commercial sellers)) dealers. The Washington state patrol may retain any proceeds of an auction or trade.
(3) The court shall order the firearm returned to the owner upon a showing that there is no probable cause to believe a violation of subsection (1) of this section existed or the firearm was stolen from the owner or the owner neither had knowledge of nor consented to the act or omission involving the firearm which resulted in its forfeiture.
(4) A law enforcement officer of the state or of any county or municipality may confiscate a firearm found to be in the possession of a person under circumstances specified in subsection (1) of this section. After confiscation, the firearm shall not be surrendered except: (a) To the prosecuting attorney for use in subsequent legal proceedings; (b) for disposition according to an order of a court having jurisdiction as provided in subsection (1) of this section; or (c) to the owner if the proceedings are dismissed or as directed in subsection (3) of this section.
Sec. 430. RCW 9.41.110 and 1979 c 158 s 2 are each amended to read as follows:
(1) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any pistol without being licensed as provided in this section.
(2) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any firearm other than a pistol without being licensed as provided in this section.
(3) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any ammunition without being licensed as provided in this section.
(4) The duly constituted licensing authorities of any city, town, or political subdivision of this state shall grant licenses in forms prescribed by the director of licensing effective for not more than one year from the date of issue permitting the licensee to sell pistols or firearms other than pistols within this state subject to the following conditions, for breach of any of which the license shall be forfeited and the licensee subject to punishment as provided in RCW 9.41.010 through 9.41.160 (as recodified by this act).
(((1))) (5)(a) A licensing authority shall, within forty-five days after the filing of an application of any person for a dealer's license, determine whether to grant the license. 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 licensing authority shall have up to seventy-five days to determine whether to issue a license. No person shall qualify for a license under this section without first receiving a federal firearms license and undergoing fingerprinting and a background check. In addition, no person ineligible to possess a firearm under RCW 9.41.040 or ineligible for a concealed pistol license under RCW 9.41.070 shall qualify for a dealer's license.
(b) A dealer shall require every employee who may sell a firearm in the course of his or her employment to undergo fingerprinting and a background check. An employee must be eligible to own, possess, or control a firearm, and eligible for a concealed pistol license, before being permitted to sell a firearm. Every employee shall comply with requirements concerning purchase applications and restrictions on delivery of pistols that are applicable to dealers.
(6)(a) The business shall be carried on only in the building designated in the license.
(((2))) (b) The license or a copy thereof, certified by the issuing authority, shall be displayed on the premises where it can easily be read.
(((3))) (c) No pistol ((shall)) may be sold (((a))) in violation of any provisions of RCW 9.41.010 through 9.41.160 (as recodified by this act), nor (((b) shall)) may a pistol be sold under any circumstances unless the purchaser is personally known to the ((seller)) dealer or shall present clear evidence of his or her identity.
(((4) A true record in triplicate shall be made of every pistol sold, in a book kept for the purpose, the form of which may be prescribed by the director of licensing and shall be personally signed by the purchaser and by the person effecting the sale, each in the presence of the other, and shall contain the date of sale, the caliber, make, model and manufacturer's number of the weapon, the name, address, occupation, color and place of birth of the purchaser and a statement signed by the purchaser that he has never been convicted in this state or elsewhere of a crime of violence. One copy shall within six hours be sent by registered mail to the chief of police of the municipality or the sheriff of the county of which the dealer is a resident; the duplicate the dealer shall within seven days send to the director of licensing; the triplicate the dealer shall retain for six years.
(5) This section shall not apply to sales at wholesale.)) (d) The license fee for pistols shall be one hundred fifty dollars. The license fee for firearms other than pistols shall be one hundred fifty dollars. The license fee for ammunition shall be one hundred fifty dollars. Any dealer who obtains any license under subsection (1), (2), or (3) of this section may also obtain the remaining licenses without payment of any fee. The fees received under this section shall be deposited in the violence reduction and drug enforcement account under RCW 69.50.520 for the purpose of providing firearm safety training through the department of fish and wildlife in whatever manner the director deems appropriate.
(((6))) (7) The dealer's licenses authorized to be issued by this section are general licenses covering all sales by the licensee within the effective period of the licenses. The department shall provide a single application form for dealer's licenses.
(((7))) (8) Except as provided in RCW 9.41.090 ((as now or hereinafter amended)), every city, town, and political subdivision of this state is prohibited from requiring the purchaser to secure a permit to purchase or from requiring the dealer to secure an individual permit for each sale.
((The fee paid for issuing said license shall be five dollars which fee shall be paid into the state treasury.))
Sec. 431. RCW 9.41.140 and 1961 c 124 s 10 are each amended to read as follows:
No person ((shall)) may change, alter, remove, or obliterate the name of the maker, model, manufacturer's number, or other mark of identification on any ((pistol)) firearm. Possession of any ((pistol)) firearm upon which any such mark shall have been changed, altered, removed, or obliterated, shall be prima facie evidence that the possessor has changed, altered, removed, or obliterated the same. This shall not apply to replacement barrels in old ((revolvers)) firearms, which barrels are produced by current manufacturers and ((therefor)) do not have the markings on the barrels of the original manufacturers who are no longer in business.
Sec. 432. 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)) allows 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. 433. RCW 9.41.180 and 1992 c 7 s 8 are each amended to read as follows:
Except as provided in RCW 9.41.185, every person who ((shall)) sets a so-called trap, spring pistol, rifle, or other deadly weapon((, shall be punished as follows:
(1) If no injury result therefrom to any human being, by imprisonment in the county jail for not more than one year or by a fine of not more than one thousand dollars, or by both.
(2) If injuries not fatal result therefrom to any human being, by imprisonment in a state correctional facility for not more than twenty years.
(3) If the death of a human being results therefrom, by imprisonment in a state correctional facility for not more than twenty years)) is guilty of a gross misdemeanor.
Sec. 434. RCW 9.41.190 and 1982 1st ex.s. c 47 s 2 are each amended to read as follows:
(1) It is unlawful for any person to manufacture, own, buy, sell, loan, furnish, transport, or have in his or her possession ((or under control)), any machine gun, or any part thereof capable of use or assembling or repairing any machine gun((: PROVIDED, HOWEVER, That such limitation)).
(2) This section shall not apply to:
(a) Any peace officer in the discharge of official duty, or to any officer or member of the armed forces of the United States or the state of Washington((: PROVIDED FURTHER, That this section does not apply to)) in the discharge of official duty; or
(b) A person, including an employee of such person, who or which is exempt from or licensed under the National Firearms Act (26 U.S.C. section 5801 et seq.), and engaged in the production, manufacture, or testing of weapons or equipment to be used or purchased by the armed forces of the United States, and having a United States government industrial security clearance.
(3) Any person violating this section is guilty of a class C felony punishable under chapter 9A.20 RCW.
Sec. 435. RCW 9.41.240 and 1971 c 34 s 1 are each amended to read as follows:
((No minor under the age of fourteen years shall handle or have in his possession or under his control, except while accompanied by or under the immediate charge of his parent or guardian or other adult approved for the purpose of this section by the parent or guardian, or while under the supervision of a certified safety instructor at an established gun range or firearm training class, any firearm of any kind for hunting or target practice or for other purposes.)) (1) Except as provided in this section, no person: (a) Under the age of eighteen may handle, possess, or control any pistol or ammunition usable only in a pistol; or (b) under the age of fourteen may handle, possess, or control any firearm or ammunition.
(2) Subsection (1) of this section shall not apply to any person:
(a) While in the presence of the person's parent, guardian, or other adult approved for the purpose of this section by the parent or guardian;
(b) While engaged in hunting when in possession of a valid license issued under RCW 77.32.101; or
(c) While under the supervision of a certified safety instructor at an established gun range or at a firearm training class.
(3) This section shall not apply to any peace officer in the discharge of official duty, or to any officer or member of the armed forces of the United States or the state of Washington in the discharge of official duty.
(4) Every person violating ((any of the foregoing provisions)) this section, or aiding or knowingly permitting any such ((minor)) person under the age of eighteen to violate ((the same)) this section, shall be guilty of a gross misdemeanor for a first offense, and a class C felony punishable under chapter 9A.20 RCW for each subsequent offense.
(5) Nothing in this section shall interfere with the right to use a firearm in self-defense as set forth in chapter 9A.16 RCW.
Sec. 436. RCW 9.41.250 and 1959 c 143 s 1 are each amended to read as follows:
((Every)) It is unlawful for any person ((who shall)) to manufacture, own, buy, sell ((or dispose of)), loan, furnish, transport, or have in his or her possession any ((instrument or)) deadly weapon ((of the kind usually known as slung shot, sand club, or metal knuckles, or spring blade knife, or any knife the blade of which is automatically released by a spring mechanism or other mechanical device, or any knife having a blade which opens, or falls, or is ejected into position by the force of gravity, or by an outward, downward, or centrifugal thrust or movement; who shall furtively carry with intent to conceal any dagger, dirk, pistol, or other dangerous weapon; or who shall use any contrivance or device for suppressing the noise of any firearm, shall be guilty of a gross)) other than a firearm or motor vehicle. A violation of this section is a misdemeanor. This section does not apply to law enforcement or any person engaged in military activities sponsored by the federal or state governments.
Sec. 437. RCW 9.41.260 and 1909 c 249 s 283 are each amended to read as follows:
Every proprietor, lessee or occupant of any place of amusement, or any plat of ground or building, who shall allow it to be used for the exhibition of skill in throwing any sharp instrument or in shooting any bow ((gun, pistol)) or firearm of any description, at or toward any human being, shall be guilty of a misdemeanor.
Sec. 438. RCW 9.41.270 and 1969 c 8 s 1 are each amended to read as follows:
(1) It ((shall be unlawful)) is a class C felony punishable under chapter 9A.20 RCW for anyone to aim any firearm, whether loaded or not, at or towards any human being, or to carry, exhibit, display, or draw any ((firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm,)) deadly weapon in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.
(2) ((Any person violating the provisions of subsection (1) above shall be guilty of a gross misdemeanor)) It is a gross misdemeanor to willfully discharge any firearm, air gun, or other deadly weapon or throw any deadly weapon in a public place, or in any place where any reasonable person believes a person might be endangered thereby, although no injury results; or to use any contrivance or device for suppressing the noise of any firearm. A public place shall not include any location at which firearms are authorized to be lawfully discharged.
(3) It is a misdemeanor to carry a concealed deadly weapon, except for a pistol when the person carrying the pistol is licensed under RCW 9.41.070.
(4) For purposes of this section, "reasonable" means a conclusion that a person of ordinary intelligence, given the circumstances during which a belief is held or an event occurred, would be expected to reach, or an action that a person of ordinary intelligence would be expected to take.
(5) Subsection (1) of this section shall not apply to or affect the following:
(a) Any act committed by a person while in his or her place of abode or fixed place of business for the purpose of preventing any criminal act;
(b) Any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, while in the performance of such duty;
(c) Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person;
(d) Any person making or assisting in making a lawful arrest for the commission of a felony; or
(e) Any person engaged in military activities sponsored by the federal or state governments.
Sec. 439. RCW 9.41.280 and 1993 c 347 s 1 are each amended to read as follows:
(1) It is unlawful for a person to carry onto public or private elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools:
(a) Any ((firearm; or
(b) Any dangerous)) deadly weapon ((as defined in RCW 9.41.250)); or
(((c) Any device commonly known as "nun-chu-ka sticks", consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means; or
(d) Any device, commonly known as "throwing stars", which are multi-pointed, metal objects designed to embed upon impact from any aspect; or
(e))) (b) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas.
(2) Any such person violating subsection (1) of this section is guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1) of this section, and the deadly weapon used in the violation was a firearm, the person shall lose his or her concealed pistol license, if any. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.
Any violation of subsection (1) of this section by elementary or secondary school students constitutes grounds for expulsion from the state's public schools in accordance with RCW 28A.600.010. However, any violation of subsection (1)(a) of this section by an elementary or secondary school student involving a firearm shall result in expulsion in accordance with RCW 28A.600.010. An appropriate school authority shall promptly notify law enforcement and the student's parent or guardian regarding any allegation or indication of such violation.
(3) Subsection (1) of this section does not apply to:
(a) Any student or employee of a private military academy when on the property of the academy;
(b) Any person engaged in military, law enforcement, or school district security activities;
(c) Any person who is involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed;
(d) Any person who possesses nun-chu-ka sticks, throwing stars, or other ((dangerous)) deadly weapons to be used in martial arts classes authorized to be conducted on the school premises;
(e) Any person while the person is participating in a firearms or air gun competition approved by the school or school district;
(f) Any person who has been issued a license under RCW 9.41.070, while picking up or dropping off a student;
(g) Any person legally in possession of a ((firearm or dangerous)) deadly weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school;
(h) Any person who is in lawful possession of an unloaded firearm, secured in a vehicle while conducting legitimate business at the school; or
(i) Any law enforcement officer of the federal, state, or local government agency.
(4) Except as provided in subsection (3)(b), (c), (e), and (i) of this section, firearms are not permitted in a public or private school building.
(5) "GUN-FREE ZONE" signs shall be posted around school facilities giving warning of the prohibition of the possession of firearms on school grounds.
NEW SECTION. Sec. 440. A new section is added to chapter 9.41 RCW to read as follows:
(1) A person who possesses a stolen firearm is guilty of a class C felony punishable under chapter 9A.20 RCW.
(2) A person who commits theft of a firearm with a value less than one thousand five hundred dollars is guilty of a class C felony punishable under chapter 9A.20 RCW.
(3) A person who commits theft of a firearm with a value of one thousand five hundred dollars or more is guilty of a class B felony punishable under chapter 9A.20 RCW.
(4) It shall be a defense to any prosecution under this section, which the defendant shall prove by a preponderance of the evidence, that he or she did not know, at any time while in possession of the firearm, that it was stolen.
Sec. 441. RCW 9.94A.310 and 1992 c 145 s 9 are each amended to read as follows:
(1) TABLE 1
Sentencing Grid
SERIOUSNESS
SCORE OFFENDER SCORE
9 or
0 1 2 3 4 5 6 7 8 more
XV Life Sentence without Parole/Death Penalty
XIV 23y4m 24y4m 25y4m 26y4m 27y4m 28y4m 30y4m 32y10m 36y40y
240- 250- 261- 271- 281- 291- 312- 338- 370- 411-
320 333 347 361 374 388 416 450 493 548
XIII 12y 13y 14y 15y 16y 17y 19y 21y 25y 29y
123- 134- 144- 154- 165- 175- 195- 216- 257- 298-
164 178 192 205 219 233 260 288 342 397
XII 9y 9y11m 10y9m 11y8m 12y6m 13y5m 15y9m 17y3m 20y3m 23y3m
93- 102- 111- 120- 129- 138- 162- 178- 209- 240-
123 136 147 160 171 184 216 236 277 318
XI 7y6m 8y4m 9y2m 9y11m 10y9m 11y7m 14y2m 15y5m 17y11m 20y5m
78- 86- 95- 102- 111- 120- 146- 159- 185- 210-
102 114 125 136 147 158 194 211 245 280
X 5y 5y6m 6y 6y6m 7y 7y6m 9y6m 10y6m 12y6m 14y6m
51- 57- 62- 67- 72- 77- 98- 108- 129- 149-
68 75 82 89 96 102 130 144 171 198
IX 3y 3y6m 4y 4y6m 5y 5y6m 7y6m 8y6m 10y6m 12y6m
31- 36- 41- 46- 51- 57- 77- 87- 108- 129-
41 48 54 61 68 75 102 116 144 171
VIII 2y 2y6m 3y 3y6m 4y 4y6m 6y6m 7y6m 8y6m 10y6m
21- 26- 31- 36- 41- 46- 67- 77- 87- 108-
27 34 41 48 54 61 89 102 116 144
VII 18m 2y 2y6m 3y 3y6m 4y 5y6m 6y6m 7y6m 8y6m
15- 21- 26- 31- 36- 41- 57- 67- 77- 87-
20 27 34 41 48 54 75 89 102 116
VI 13m 18m 2y 2y6m 3y 3y6m 4y6m 5y6m 6y6m 7y6m
12+- 15- 21- 26- 31- 36- 46- 57- 67- 77-
14 20 27 34 41 48 61 75 89 102
V 9m 13m 15m 18m 2y2m 3y2m 4y 5y 6y 7y
6- 12+- 13- 15- 22- 33- 41- 51- 62- 72-
12 14 17 20 29 43 54 68 82 96
IV 6m 9m 13m 15m 18m 2y2m 3y2m 4y2m 5y2m 6y2m
3- 6- 12+- 13- 15- 22- 33- 43- 53- 63-
9 12 14 17 20 29 43 57 70 84
III 2m 5m 8m 11m 14m 20m 2y2m 3y2m 4y2m 5y
1- 3- 4- 9- 12+- 17- 22- 33- 43- 51-
3 8 12 12 16 22 29 43 57 68
II 4m 6m 8m 13m 16m 20m 2y2m 3y2m 4y2m
0-90 2- 3- 4- 12+- 14- 17- 22- 33- 43-
Days 6 9 12 14 18 22 29 43 57
I 3m 4m 5m 8m 13m 16m 20m 2y2m
0-60 0-90 2- 2- 3- 4- 12+- 14- 17- 22-
Days Days 5 6 8 12 14 18 22 29
NOTE: Numbers in the first horizontal row of each seriousness category represent sentencing midpoints in years(y) and months(m). Numbers in the second and third rows represent presumptive sentencing ranges in months, or in days if so designated. 12+ equals one year and one day.
(2) For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the presumptive sentence is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the completed crime, and multiplying the range by 75 percent.
(3) The following additional times shall be added to the presumptive sentence if the offender or an accomplice was armed with a deadly weapon as defined in this chapter and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice was armed with a deadly weapon and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following times shall be added to the presumptive range determined under subsection (2) of this section:
(a) 24 months for Rape 1 (RCW 9A.44.040), Robbery 1 (RCW 9A.56.200), or Kidnapping 1 (RCW 9A.40.020), but if the offense was committed with a firearm, the 24-month time period may be increased up to 36 months;
(b) 18 months for Burglary 1 (RCW 9A.52.020), but if the offense was committed with a firearm, the 18-month time period may be increased up to 30 months;
(c) 12 months for Assault 2 (RCW 9A.36.020 or 9A.36.021), Assault of a Child 2 (RCW 9A.36.130), Escape 1 (RCW 9A.76.110), Kidnapping 2 (RCW 9A.40.030), Burglary 2 of a building other than a dwelling (RCW 9A.52.030), Theft of Livestock 1 or 2 (RCW 9A.56.080), or any drug offense, but if the offense was committed with a firearm, the 12-month time period may be increased up to 18 months.
(4) If the offender committed an offense listed in subsection (3)(a) through (c) of this section while the offender or an accomplice was armed with a firearm, and the offender had a prior conviction for an offense committed with a firearm, then the following times may be added to the presumptive range determined under subsection (2) of this section:
(a) For a second conviction for an offense committed while armed with a firearm, up to 60 months;
(b) For a third or subsequent conviction for an offense committed while armed with a firearm, up to 84 months.
(5) If an offender or an accomplice was armed with a firearm and fired upon a law enforcement officer while resisting arrest under RCW 9A.76.040, up to 60 months may be added to the presumptive sentence.
(6) The following additional times shall be added to the presumptive sentence if the offender or an accomplice committed the offense while in a county jail or state correctional facility as that term is defined in this chapter and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice committed one of the crimes listed in this subsection while in a county jail or state correctional facility as that term is defined in this chapter, and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following times shall be added to the presumptive sentence range determined under subsection (2) of this section:
(a) Eighteen months for offenses committed under RCW 69.50.401(a)(1)(i) or 69.50.410;
(b) Fifteen months for offenses committed under RCW 69.50.401(a)(1)(ii), (iii), and (iv);
(c) Twelve months for offenses committed under RCW 69.50.401(d).
For the purposes of this subsection, all of the real property of a state correctional facility or county jail shall be deemed to be part of that facility or county jail.
(((5))) (7) An additional twenty-four months shall be added to the presumptive sentence for any ranked offense involving a violation of chapter 69.50 RCW if the offense was also a violation of RCW 69.50.435.
Sec. 442. RCW 9.94A.370 and 1989 c 124 s 2 are each amended to read as follows:
(1) The intersection of the column defined by the offender score and the row defined by the offense seriousness score determines the presumptive sentencing range (see RCW 9.94A.310, (Table 1)). The additional time for deadly weapon findings or for ((those offenses)) other circumstances enumerated in RCW 9.94A.310(((4) that were committed in a state correctional facility or county jail)) (3) through (7) shall be added to the entire presumptive sentence range. The court may impose any sentence within the range that it deems appropriate. All presumptive sentence ranges are expressed in terms of total confinement.
(2) In determining any sentence, the trial court may rely on no more information than is admitted by the plea agreement, or admitted, acknowledged, or proved in a trial or at the time of sentencing. Acknowledgement includes not objecting to information stated in the presentence reports. Where the defendant disputes material facts, the court must either not consider the fact or grant an evidentiary hearing on the point. The facts shall be deemed proved at the hearing by a preponderance of the evidence. Facts that establish the elements of a more serious crime or additional crimes may not be used to go outside the presumptive sentence range except upon stipulation or when specifically provided for in RCW 9.94A.390(2) (c), (d), and (e).
Sec. 443. RCW 4.24.190 and 1992 c 205 s 116 are each amended to read as follows:
(1) The parent or parents of any minor child under the age of eighteen years who is living with the parent or parents and who shall willfully or maliciously destroy property, real or personal or mixed, or who shall willfully and maliciously inflict personal injury on another person, shall be liable to the owner of such property or to the person injured in a civil action at law for damages in an amount not to exceed ((five)) ten thousand dollars. This section shall in no way limit the amount of recovery against the parent or parents for their own common law negligence.
(2)(a) A parent or guardian is liable for any damages arising from the illegal or unlawful use of a firearm by his or her minor child when the parent or guardian knowingly or negligently allows his or her minor child to possess a firearm with the awareness that this creates a substantial risk of harm.
(b) A parent or guardian is presumed to have "awareness of a substantial risk of harm" if: (i) His or her minor child has been convicted of a "crime of violence" or "most serious offense" as defined in RCW 9.41.010; or (ii) the parent had previous knowledge of the child's illegal possession of a firearm.
(3) The prevailing party shall be entitled to costs and attorneys' fees in such amount as the court shall deem reasonable.
NEW SECTION. Sec. 444. A new section is added to chapter 4.24 RCW to read as follows:
No person who owns, operates, is employed by, or volunteers at a program approved under RCW 77.32.155 shall be liable for any injury that occurs while the person who suffered the injury is participating in the course, unless the injury is the result of willful or intentional misconduct.
Sec. 445. RCW 9.94A.125 and 1983 c 163 s 3 are each amended to read as follows:
In a criminal case wherein there has been a special allegation and evidence establishing that the accused or an accomplice was armed with a deadly weapon at the time of the commission of the crime, the court shall make a finding of fact of whether or not the accused or an accomplice was armed with a deadly weapon at the time of the commission of the crime, or if a jury trial is had, the jury shall, if it ((find[s])) finds the defendant guilty, also find a special verdict as to whether or not the defendant or an accomplice was armed with a deadly weapon at the time of the commission of the crime.
For purposes of this section, ((a)) "deadly weapon ((is an implement or instrument which has the capacity to inflict death and from the manner in which it is used, is likely to produce or may easily and readily produce death))" shall have the same definition as "deadly weapon" under RCW 9A.04.110. ((The following instruments are included in the term deadly weapon: Blackjack, sling shot, billy, sand club, sandbag, metal knuckles, any dirk, dagger, pistol, revolver, or any other firearm, any knife having a blade longer than three inches, any razor with an unguarded blade, any metal pipe or bar used or intended to be used as a club, any explosive, and any weapon containing poisonous or injurious gas.))
Sec. 446. RCW 13.40.110 and 1990 c 3 s 303 are each amended to read as follows:
(1) The prosecutor, respondent, or the court on its own motion may, before a hearing on the information on its merits, file a motion requesting the court to transfer the respondent for adult criminal prosecution and the matter shall be set for a hearing on the question of declining jurisdiction. Unless waived by the court, the parties, and their counsel, a decline hearing shall be held where:
(a) The respondent is fifteen, sixteen, or seventeen years of age and the information alleges a class A felony or an attempt, solicitation, or conspiracy to commit a class A felony; ((or))
(b) The respondent is fourteen years of age or over and the information alleges a violation of RCW 43.06.010 or 43.06.200 through 43.06.270;
(c) The respondent is seventeen years of age and the information alleges assault in the second degree, extortion in the first degree, indecent liberties, child molestation in the second degree, kidnapping in the second degree, or robbery in the second degree; or
(d) The information alleges a crime of violence or most serious offense as defined in RCW 9.94A.030 in which a juvenile, age twelve or over, has used a deadly weapon.
(2) The court after a decline hearing may order the case transferred for adult criminal prosecution upon a finding that the declination would be in the best interest of the juvenile or the public. The court shall consider the relevant reports, facts, opinions, and arguments presented by the parties and their counsel.
(3) When the respondent is transferred for criminal prosecution or retained for prosecution in juvenile court, the court shall set forth in writing its finding which shall be supported by relevant facts and opinions produced at the hearing.
Sec. 447. RCW 13.04.030 and 1988 c 14 s 1 are each amended to read as follows:
The juvenile courts in the several counties of this state, shall have exclusive original jurisdiction over all proceedings:
(1) Under the interstate compact on placement of children as provided in chapter 26.34 RCW;
(2) Relating to children alleged or found to be dependent as provided in chapter 26.44 RCW and in RCW 13.34.030 through 13.34.170((, as now or hereafter amended));
(3) Relating to the termination of a parent and child relationship as provided in RCW 13.34.180 through 13.34.210((, as now or hereafter amended));
(4) To approve or disapprove alternative residential placement as provided in RCW 13.32A.170;
(5) Relating to juveniles alleged or found to have committed offenses, traffic infractions, or violations as provided in RCW 13.40.020 through 13.40.230, ((as now or hereafter amended,)) unless:
(a) The juvenile court transfers jurisdiction of a particular juvenile to adult criminal court pursuant to RCW 13.40.110((, as now or hereafter amended)); or
(b) The statute of limitations applicable to adult prosecution for the offense, traffic infraction, or violation has expired; or
(c) The alleged offense or infraction is a traffic, fish, boating, or game offense or traffic infraction committed by a juvenile sixteen years of age or older and would, if committed by an adult, be tried or heard in a court of limited jurisdiction, in which instance the appropriate court of limited jurisdiction shall have jurisdiction over the alleged offense or infraction: PROVIDED, That if such an alleged offense or infraction and an alleged offense or infraction subject to juvenile court jurisdiction arise out of the same event or incident, the juvenile court may have jurisdiction of both matters: PROVIDED FURTHER, That the jurisdiction under this subsection does not constitute "transfer" or a "decline" for purposes of RCW 13.40.110(1) or subsection (5)(a) of this section: PROVIDED FURTHER, That courts of limited jurisdiction which confine juveniles for an alleged offense or infraction may place juveniles in juvenile detention facilities under an agreement with the officials responsible for the administration of the juvenile detention facility in RCW 13.04.035 and 13.20.060; or
(d) The juvenile is sixteen or seventeen years old and the alleged offense is: (i) A serious violent offense as defined in RCW 9.94A.030 committed on or after the effective date of this section; or (ii) a violent offense as defined in RCW 9.94A.030 committed on or after the effective date of this section and the juvenile has a criminal history consisting of: (A) One or more prior serious violent offenses; (B) two or more prior violent offenses; or (C) three or more of any combination of the following offenses: Any class A felony, any class B felony, vehicular assault, or manslaughter in the second degree, all of which must have been committed after the juvenile's thirteenth birthday and prosecuted separately. In such a case the adult criminal court shall have exclusive original jurisdiction.
If the juvenile challenges the state's determination of the juvenile's criminal history, the state may establish the offender's criminal history by a preponderance of the evidence. If the criminal history consists of adjudications entered upon a plea of guilty, the state shall not bear a burden of establishing the knowing and voluntariness of the plea;
(6) Under the interstate compact on juveniles as provided in chapter 13.24 RCW;
(7) Relating to termination of a diversion agreement under RCW 13.40.080 ((as now or hereafter amended)), including a proceeding in which the divertee has attained eighteen years of age; and
(8) Relating to court validation of a voluntary consent to foster care placement under chapter 13.34 RCW, by the parent or Indian custodian of an Indian child, except if the parent or Indian custodian and child are residents of or domiciled within the boundaries of a federally recognized Indian reservation over which the tribe exercises exclusive jurisdiction.
Sec. 448. RCW 13.40.020 and 1993 c 373 s 1 are each amended to read as follows:
For the purposes of this chapter:
(1) "Serious offender" means a person fifteen years of age or older who has committed an offense which if committed by an adult would be:
(a) A class A felony, or an attempt to commit a class A felony;
(b) Manslaughter in the first degree; or
(c) Assault in the second degree, extortion in the first degree, child molestation in the second degree, kidnapping in the second degree, robbery in the second degree, residential burglary, or burglary in the second degree, where such offenses include the infliction of bodily harm upon another or where during the commission of or immediate withdrawal from such an offense the perpetrator is armed with a deadly weapon or firearm as defined in RCW 9A.04.110;
(2) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense. Community service may be performed through public or private organizations or through work crews;
(3) "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the department. A community supervision order for a single offense may be for a period of up to two years for a sex offense as defined by RCW 9.94A.030 and up to one year for other offenses. Community supervision is an individualized program comprised of one or more of the following:
(a) Community-based sanctions;
(b) Community-based rehabilitation;
(c) Monitoring and reporting requirements;
(4) Community-based sanctions may include one or more of the following:
(a) A fine, not to exceed one hundred dollars;
(b) Community service not to exceed one hundred fifty hours of service;
(5) "Community-based rehabilitation" means one or more of the following: Attendance of information classes; counseling, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, or other services; or attendance at school or other educational programs appropriate for the juvenile as determined by the school district. Placement in community-based rehabilitation programs is subject to available funds;
(6) "Monitoring and reporting requirements" means one or more of the following: Curfews; requirements to remain at home, school, work, or court-ordered treatment programs during specified hours; restrictions from leaving or entering specified geographical areas; requirements to report to the probation officer as directed and to remain under the probation officer's supervision; and other conditions or limitations as the court may require which may not include confinement;
(7) "Confinement" means physical custody by the department of social and health services in a facility operated by or pursuant to a contract with the state, or physical custody in a detention facility operated by or pursuant to a contract with any county. The county may operate or contract with vendors to operate county detention facilities. The department may operate or contract to operate detention facilities for juveniles committed to the department. Pretrial confinement or confinement of less than thirty-one days imposed as part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court and may be served in a detention group home, detention foster home, or with electronic monitoring. Detention group homes and detention foster homes used for confinement shall not also be used for the placement of dependent children. Confinement in detention group homes and detention foster homes and electronic monitoring are subject to available funds;
(8) "Court", when used without further qualification, means the juvenile court judge(s) or commissioner(s);
(9) "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense:
(a) The allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter; or
(b) The criminal complaint was diverted by a prosecutor pursuant to the provisions of this chapter on agreement of the respondent and after an advisement to the respondent that the criminal complaint would be considered as part of the respondent's criminal history;
(10) "Department" means the department of social and health services;
(11) "Detention facility" means a county facility for the physical confinement of a juvenile alleged to have committed an offense or an adjudicated offender subject to a disposition or modification order;
(12) "Diversion unit" means any probation counselor who enters into a diversion agreement with an alleged youthful offender, or any other person or entity except a law enforcement official or entity, with whom the juvenile court administrator has contracted to arrange and supervise such agreements pursuant to RCW 13.40.080, or any person or entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter;
(13) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;
(14) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years and who has not been previously transferred to adult court;
(15) "Juvenile offender" means any juvenile who has been found by the juvenile court to have committed an offense, including a person eighteen years of age or older over whom jurisdiction has been extended under RCW 13.40.300;
(16) "Manifest injustice" means a disposition that would either impose an excessive penalty on the juvenile or would impose a serious, and clear danger to society in light of the purposes of this chapter;
(17) "Middle offender" means a person who has committed an offense and who is neither a minor or first offender nor a serious offender;
(18) "Minor or first offender" means a person ((sixteen years of age or younger)) whose current offense(s) and criminal history fall entirely within one of the following categories:
(a) Four misdemeanors;
(b) Two misdemeanors and one gross misdemeanor;
(c) One misdemeanor and two gross misdemeanors;
(d) Three gross misdemeanors;
(e) One class C felony except manslaughter in the second degree and one misdemeanor or gross misdemeanor;
(f) One class B felony except: Any felony which constitutes an attempt to commit a class A felony; manslaughter in the first degree; assault in the second degree; extortion in the first degree; indecent liberties; kidnapping in the second degree; robbery in the second degree; burglary in the second degree; residential burglary; vehicular homicide; or arson in the second degree.
For purposes of this definition, current violations shall be counted as misdemeanors;
(19) "Offense" means an act designated a violation or a crime if committed by an adult under the law of this state, under any ordinance of any city or county of this state, under any federal law, or under the law of another state if the act occurred in that state;
(20) "Respondent" means a juvenile who is alleged or proven to have committed an offense;
(21) "Restitution" means financial reimbursement by the offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical treatment for physical injury to persons, lost wages resulting from physical injury, and costs of the victim's counseling reasonably related to the offense if the offense is a sex offense. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses. Nothing in this chapter shall limit or replace civil remedies or defenses available to the victim or offender;
(22) "Secretary" means the secretary of the department of social and health services;
(23) "Services" mean services which provide alternatives to incarceration for those juveniles who have pleaded or been adjudicated guilty of an offense or have signed a diversion agreement pursuant to this chapter;
(24) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;
(25) "Sexual motivation" means that one of the purposes for which the respondent committed the offense was for the purpose of his or her sexual gratification;
(26) "Foster care" means temporary physical care in a foster family home or group care facility as defined in RCW 74.15.020 and licensed by the department, or other legally authorized care;
(27) "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable doubt, and is punishable by sanctions which do not include incarceration.
Sec. 449. RCW 13.40.0354 and 1989 c 407 s 6 are each amended to read as follows:
The total current offense points for use in the standards range matrix of schedules D-1, D-2, and D-3 are computed as follows:
(1) The disposition offense category is determined by the offense of conviction. Offenses are divided into ten levels of seriousness, ranging from low (seriousness level E) to high (seriousness level A+), see schedule A, RCW 13.40.0357.
(2) The prior offense increase factor is summarized in schedule B, RCW 13.40.0357. The increase factor is determined for each prior offense by using the time span and the offense category in the prior offense increase factor grid. Time span is computed from the date of the prior offense to the date of the current offense. The total increase factor is determined by totalling the increase factors for each prior offense and adding a constant factor of 1.0.
(3) The current offense points are summarized in schedule C, RCW 13.40.0357. The current offense points are determined for each current offense by locating the juvenile's age on the horizontal axis and using the offense category on the vertical axis. The juvenile's age is determined as of the time of the current offense and is rounded down to the nearest whole number.
(4) The total current offense points are determined for each current offense by multiplying the total increase factor by the current offense points. The total current offense points are rounded down to the nearest whole number.
(5) All current offense points calculated in schedules D-1, D-2, and D-3 shall be increased by a factor of five percent if the offense is committed by a juvenile who is in a program of parole under this chapter.
Sec. 450. RCW 13.40.0357 and 1989 c 407 s 7 are each amended to read as follows:
SCHEDULE A
DESCRIPTION AND OFFENSE CATEGORY
JUVENILE
JUVENILE DISPOSITION
DISPOSITION CATEGORY FOR ATTEMPT,
OFFENSE BAILJUMP, CONSPIRACY,
CATEGORY DESCRIPTION (RCW CITATION) OR SOLICITATION
_______________.
Arson and Malicious Mischief
A Arson 1 (9A.48.020) B+
B Arson 2 (9A.48.030) C
C Reckless Burning 1 (9A.48.040) D
D Reckless Burning 2 (9A.48.050) E
B Malicious Mischief 1 (9A.48.070) C
C Malicious Mischief 2 (9A.48.080) D
D Malicious Mischief 3 (<$50 is
E class) (9A.48.090) E
E Tampering with Fire Alarm
Apparatus (9.40.100) E
A Possession of Incendiary Device
(9.40.120) B+
Assault and Other Crimes
Involving Physical Harm
A Assault 1 (9A.36.011) B+
B+ Assault 2 (9A.36.021) C+
C+ Assault 3 (9A.36.031) D+
D+ Assault 4 (9A.36.041) E
D+ Reckless Endangerment
(9A.36.050) E
C+ Promoting Suicide Attempt
(9A.36.060) D+
D+ Coercion (9A.36.070) E
C+ Custodial Assault (9A.36.100) D+
Burglary and Trespass
B+ Burglary 1 (9A.52.020) C+
B Burglary 2 (9A.52.030) C
D Burglary Tools (Possession of)
(9A.52.060) E
D Criminal Trespass 1 (9A.52.070) E
E Criminal Trespass 2 (9A.52.080) E
D Vehicle Prowling (9A.52.100) E
Drugs
E Possession/Consumption of Alcohol
(66.44.270) E
C Illegally Obtaining Legend Drug
(69.41.020) D
C+ Sale, Delivery, Possession of Legend
Drug with Intent to Sell
(69.41.030) D+
E Possession of Legend Drug
(69.41.030) E
B+ Violation of Uniform Controlled
Substances Act - Narcotic Sale
(69.50.401(a)(1)(i)) B+
C Violation of Uniform Controlled
Substances Act - Nonnarcotic Sale
(69.50.401(a)(1)(ii)) C
E Possession of Marihuana <40 grams
(69.50.401(e)) E
C Fraudulently Obtaining Controlled
Substance (69.50.403) C
C+ Sale of Controlled Substance
for Profit (69.50.410) C+
E ((Glue Sniffing (9.47A.050))) E
Unlawful Inhalation (9.47A.020)
B Violation of Uniform Controlled
Substances Act - Narcotic
Counterfeit Substances
(69.50.401(b)(1)(i)) B
C Violation of Uniform Controlled
Substances Act - Nonnarcotic
Counterfeit Substances
(69.50.401(b)(1) (ii), (iii), (iv)) C
C Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance
(69.50.401(d)) C
C Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance
(69.50.401(c)) C
Firearms and Weapons
((C+ Committing Crime when Armed
(9.41.025) D+))
E Carrying Loaded Pistol Without
Permit (9.41.050) E
E Use of Firearms by Minor (<14)
(9.41.240) E
D+ Possession of ((Dangerous)) Deadly
Weapon (9.41.250) E
D Intimidating Another Person by use
of Deadly Weapon (9.41.270) E
Homicide
A+ Murder 1 (9A.32.030) A
A+ Murder 2 (9A.32.050) B+
B+ Manslaughter 1 (9A.32.060) C+
C+ Manslaughter 2 (9A.32.070) D+
B+ Vehicular Homicide (46.61.520) C+
Kidnapping
A Kidnap 1 (9A.40.020) B+
B+ Kidnap 2 (9A.40.030) C+
C+ Unlawful Imprisonment
(9A.40.040) D+
((D Custodial Interference
(9A.40.050) E))
Obstructing Governmental Operation
E Obstructing a Public Servant
(9A.76.020) E
E Resisting Arrest (9A.76.040) E
B Introducing Contraband 1
(9A.76.140) C
C Introducing Contraband 2
(9A.76.150) D
E Introducing Contraband 3
(9A.76.160) E
B+ Intimidating a Public Servant
(9A.76.180) C+
B+ Intimidating a Witness
(9A.72.110) C+
((E Criminal Contempt
(9.23.010) E))
Public Disturbance
C+ Riot with Weapon (9A.84.010) D+
D+ Riot Without Weapon
(9A.84.010) E
E Failure to Disperse (9A.84.020) E
E Disorderly Conduct (9A.84.030) E
Sex Crimes
A Rape 1 (9A.44.040) B+
A- Rape 2 (9A.44.050) B+
C+ Rape 3 (9A.44.060) D+
A- Rape of a Child 1 (9A.44.073) B+
B Rape of a Child 2 (9A.44.076) C+
B Incest 1 (9A.64.020(1)) C
C Incest 2 (9A.64.020(2)) D
D+ ((Public Indecency)) Indecent Exposure
(Victim <14) (9A.88.010) E
E ((Public Indecency)) Indecent Exposure
(Victim 14 or over) (9A.88.010) E
B+ Promoting Prostitution 1
(9A.88.070) C+
C+ Promoting Prostitution 2
(9A.88.080) D+
E O & A (Prostitution) (9A.88.030) E
B+ Indecent Liberties (9A.44.100) C+
B+ Child Molestation 1 (9A.44.083) C+
C+ Child Molestation 2 (9A.44.086) C
Theft, Robbery, Extortion, and Forgery
B Theft 1 (9A.56.030) C
C Theft 2 (9A.56.040) D
D Theft 3 (9A.56.050) E
B Theft of Livestock (9A.56.080) C
C Forgery (((9A.56.020))) (9A.60.020) D
A Robbery 1 (9A.56.200) B+
B+ Robbery 2 (9A.56.210) C+
B+ Extortion 1 (9A.56.120) C+
C+ Extortion 2 (9A.56.130) D+
B Possession of Stolen Property 1
(9A.56.150) C
C Possession of Stolen Property 2
(9A.56.160) D
D Possession of Stolen Property 3
(9A.56.170) E
C Taking Motor Vehicle Without
Owner's Permission (9A.56.070) D
Motor Vehicle Related Crimes
E Driving Without a License
(46.20.021) E
C Hit and Run - Injury
(46.52.020(4)) D
D Hit and Run-Attended
(46.52.020(5)) E
E Hit and Run-Unattended
(46.52.010) E
C Vehicular Assault (46.61.522) D
C Attempting to Elude Pursuing
Police Vehicle (46.61.024) D
E Reckless Driving (46.61.500) E
D Driving While Under the Influence
(46.61.515) E
((B+ Negligent Homicide by Motor
Vehicle (46.61.520) C+))
D Vehicle Prowling (9A.52.100) E
C Taking Motor Vehicle Without
Owner's Permission (9A.56.070) D
Other
B Bomb Threat (9.61.160) C
C Escape 11 (9A.76.110) C
C Escape 21 (9A.76.120) C
D Escape 3 (9A.76.130) E
C Failure to Appear in Court
(10.19.130) D
((E Tampering with Fire Alarm
Apparatus (9.40.100) E))
E Obscene, Harassing, Etc.,
Phone Calls (9.61.230) E
A Other Offense Equivalent to an
Adult Class A Felony B+
B Other Offense Equivalent to an
Adult Class B Felony C
C Other Offense Equivalent to an
Adult Class C Felony D
D Other Offense Equivalent to an
Adult Gross Misdemeanor E
E Other Offense Equivalent to an
Adult Misdemeanor E
V Violation of Order of Restitution,
Community Supervision, or
Confinement (13.40.200)2 V
1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:
1st escape or attempted escape during 12-month period - 4 weeks confinement
2nd escape or attempted escape during 12-month period - 8 weeks confinement
3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement
2If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.
SCHEDULE B
PRIOR OFFENSE INCREASE FACTOR
For use with all CURRENT OFFENSES occurring on or after July 1, 1989.
TIME SPAN
OFFENSE 0-12 13-24 25 Months
CATEGORY Months Months or More
_______________....
A+ .9 .9 .9
A .9 .8 .6
A- .9 .8 .5
B+ .9 .7 .4
B .9 .6 .3
C+ .6 .3 .2
C .5 .2 .2
D+ .3 .2 .1
D .2 .1 .1
E .1 .1 .1
Prior history - Any offense in which a diversion agreement or counsel and release form was signed, or any offense which has been adjudicated by court to be correct prior to the commission of the current offense(s).
SCHEDULE C
CURRENT OFFENSE POINTS
For use with all CURRENT OFFENSES occurring on or after July 1, 1989.
AGE
OFFENSE 12 &
CATEGORY Under 13 14 15 16 17
______________...........
A+ STANDARD RANGE 180-224 WEEKS
A 250 300 350 375 375 375
A- 150 150 150 200 200 200
B+ 110 110 120 130 140 150
B 45 45 50 50 57 57
C+ 44 44 49 49 55 55
C 40 40 45 45 50 50
D+ 16 18 20 22 24 26
D 14 6 18 20 22 24
E 4 4 4 6 8 10
JUVENILE SENTENCING STANDARDS
SCHEDULE D-1
This schedule may only be used for minor/first offenders. After the determination is made that a youth is a minor/first offender, the court has the discretion to select sentencing option A, B, or C.
MINOR/FIRST OFFENDER
OPTION A
STANDARD RANGE
Community
Community Service
Points Supervision Hours Fine
1-9 0-3 months and/or 0-8 and/or 0-$10
10-19 0-3 months and/or 0-8 and/or 0-$10
20-29 0-3 months and/or 0-16 and/or 0-$10
30-39 0-3 months and/or 8-24 and/or 0-$25
40-49 3-6 months and/or 16-32 and/or 0-$25
50-59 3-6 months and/or 24-40 and/or 0-$25
60-69 6-9 months and/or 32-48 and/or 0-$50
70-79 6-9 months and/or 40-56 and/or 0-$50
80-89 9-12 months and/or 48-64 and/or 10-$100
90-109 9-12 months and/or 56-72 and/or 10-$100
OR
OPTION B
STATUTORY OPTION
0-12 Months Community Supervision
0-150 Hours Community Service
0-100 Fine
A term of community supervision with a maximum of 150 hours, $100.00 fine, and 12 months supervision.
OR
OPTION C
MANIFEST INJUSTICE
When a term of community supervision would effectuate a manifest injustice, another disposition may be imposed. When a judge imposes a sentence of confinement exceeding 30 days, the court shall sentence the juvenile to a maximum term and the provisions of RCW ((13.40.030(5), as now or hereafter amended,)) 13.40.030(2) shall be used to determine the range.
JUVENILE SENTENCING STANDARDS
SCHEDULE D-2
This schedule may only be used for middle offenders. After the determination is made that a youth is a middle offender, the court has the discretion to select sentencing option A, B, or C.
MIDDLE OFFENDER
OPTION A
STANDARD RANGE
Community
Community Service Confinement
Points Supervision Hours Fine Days Weeks
_______________..
1-9 0-3 months and/or 0-8 and/or 0-$10 and/or 0
10-19 0-3 months and/or 0-8 and/or 0-$10 and/or 0
20-29 0-3 months and/or 0-16 and/or 0-$10 and/or 0
30-39 0-3 months and/or 8-24 and/or 0-$25 and/or 2-4
40-49 3-6 months and/or 16-32 and/or 0-$25 and/or 2-4
50-59 3-6 months and/or 24-40 and/or 0-$25 and/or 5-10
60-69 6-9 months and/or 32-48 and/or 0-$50 and/or 5-10
70-79 6-9 months and/or 40-56 and/or 0-$50 and/or 10-20
80-89 9-12 months and/or 48-64 and/or 0-$100 and/or 10-20
90-109 9-12 months and/or 56-72 and/or 0-$100 and/or 15-30
110-129 8-12
130-149 13-16
150-199 21-28
200-249 30-40
250-299 52-65
300-374 80-100
375+ 103-129
Middle offenders with more than 110 points do not have to be committed. They may be assigned community supervision under option B.
All A+ offenses 180-224 weeks
OR
OPTION B
STATUTORY OPTION
0-12 Months Community Supervision
0-150 Hours Community Service
0-100 Fine
The court may impose a determinate disposition of community supervision and/or up to 30 days confinement; in which case, if confinement has been imposed, the court shall state either aggravating or mitigating factors as set forth in RCW 13.40.150((, as now or hereafter amended)).
OR
OPTION C
MANIFEST INJUSTICE
If the court determines that a disposition under A or B would effectuate a manifest injustice, the court shall sentence the juvenile to a maximum term and the provisions of RCW ((13.40.030(5), as now or hereafter amended,)) 13.40.030(2) shall be used to determine the range.
JUVENILE SENTENCING STANDARDS
SCHEDULE D-3
This schedule may only be used for serious offenders. After the determination is made that a youth is a serious offender, the court has the discretion to select sentencing option A or B.
SERIOUS OFFENDER
OPTION A
STANDARD RANGE
Points Institution Time
0-129 8-12 weeks
130-149 13-16 weeks
150-199 21-28 weeks
200-249 30-40 weeks
250-299 52-65 weeks
300-374 80-100 weeks
375+ 103-129 weeks
All A+
Offenses 180-224 weeks
OR
OPTION B
MANIFEST INJUSTICE
A disposition outside the standard range shall be determined and shall be comprised of confinement or community supervision or a combination thereof. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding 30 days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW ((13.40.030(5), as now or hereafter amended,)) 13.40.030(2) shall be used to determine the range.
Sec. 451. RCW 13.40.080 and 1992 c 205 s 108 are each amended to read as follows:
(1) A diversion agreement shall be a contract between a juvenile accused of an offense and a diversionary unit whereby the juvenile agrees to fulfill certain conditions in lieu of prosecution. The juvenile's custodial parent or parents or guardian shall be parties to the diversion agreement. Such agreements may be entered into only after the prosecutor, or probation counselor pursuant to this chapter, has determined that probable cause exists to believe that a crime has been committed and that the juvenile committed it. Such agreements shall be entered into as expeditiously as possible.
(2) A diversion agreement shall be limited to:
(a) Community service not to exceed one hundred fifty hours, not to be performed during school hours if the juvenile is attending school;
(b) Restitution limited to the amount of actual loss incurred by the victim, and to an amount the juvenile has the means or potential means to pay;
(c) Attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions at a community agency: PROVIDED, That the state shall not be liable for costs resulting from the diversionary unit exercising the option to permit diversion agreements to mandate attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions; and
(d) A fine, not to exceed one hundred dollars. In determining the amount of the fine, the diversion unit shall consider only the juvenile's financial resources and whether the juvenile has the means to pay the fine. The diversion unit shall not consider the financial resources of the juvenile's parents, guardian, or custodian in determining the fine to be imposed.
(3) In assessing periods of community service to be performed and restitution to be paid by a juvenile who has entered into a diversion agreement, the court officer to whom this task is assigned shall consult with victims who have contacted the diversionary unit and, to the extent possible, involve members of the community. Such members of the community shall meet with the juvenile and advise the court officer as to the terms of the diversion agreement and shall supervise the juvenile in carrying out its terms.
(4) A diversion agreement may not exceed a period of six months and may include a period extending beyond the eighteenth birthday of the divertee. Any restitution assessed during its term may not exceed an amount which the juvenile could be reasonably expected to pay during this period. If additional time is necessary for the juvenile to complete restitution to the victim, the time period limitations of this subsection may be extended by an additional six months.
(5) The juvenile shall retain the right to be referred to the court at any time prior to the signing of the diversion agreement.
(6) Divertees and potential divertees shall be afforded due process in all contacts with a diversionary unit regardless of whether the juveniles are accepted for diversion or whether the diversion program is successfully completed. Such due process shall include, but not be limited to, the following:
(a) A written diversion agreement shall be executed stating all conditions in clearly understandable language;
(b) Violation of the terms of the agreement shall be the only grounds for termination;
(c) No divertee may be terminated from a diversion program without being given a court hearing, which hearing shall be preceded by:
(i) Written notice of alleged violations of the conditions of the diversion program; and
(ii) Disclosure of all evidence to be offered against the divertee;
(d) The hearing shall be conducted by the juvenile court and shall include:
(i) Opportunity to be heard in person and to present evidence;
(ii) The right to confront and cross-examine all adverse witnesses;
(iii) A written statement by the court as to the evidence relied on and the reasons for termination, should that be the decision; and
(iv) Demonstration by evidence that the divertee has substantially violated the terms of his or her diversion agreement.
(e) The prosecutor may file an information on the offense for which the divertee was diverted:
(i) In juvenile court if the divertee is under eighteen years of age; or
(ii) In superior court or the appropriate court of limited jurisdiction if the divertee is eighteen years of age or older.
(7) The diversion unit shall, subject to available funds, be responsible for providing interpreters when juveniles need interpreters to effectively communicate during diversion unit hearings or negotiations.
(8) The diversion unit shall be responsible for advising a divertee of his or her rights as provided in this chapter.
(9) The diversion unit may refer a juvenile to community-based counseling or treatment programs.
(10) The right to counsel shall inure prior to the initial interview for purposes of advising the juvenile as to whether he or she desires to participate in the diversion process or to appear in the juvenile court. The juvenile may be represented by counsel at any critical stage of the diversion process, including intake interviews and termination hearings. The juvenile shall be fully advised at the intake of his or her right to an attorney and of the relevant services an attorney can provide. For the purpose of this section, intake interviews mean all interviews regarding the diversion agreement process.
The juvenile shall be advised that a diversion agreement shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(9) ((as now or hereafter amended)). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the diversionary unit together with the diversion agreement, and a copy of both documents shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language.
(11) When a juvenile enters into a diversion agreement, the juvenile court may receive only the following information for dispositional purposes:
(a) The fact that a charge or charges were made;
(b) The fact that a diversion agreement was entered into;
(c) The juvenile's obligations under such agreement;
(d) Whether the alleged offender performed his or her obligations under such agreement; and
(e) The facts of the alleged offense.
(12) A diversionary unit may refuse to enter into a diversion agreement with a juvenile. When a diversionary unit refuses to enter a diversion agreement with a juvenile, it shall immediately refer such juvenile to the court for action and shall forward to the court the criminal complaint and a detailed statement of its reasons for refusing to enter into a diversion agreement. The diversionary unit shall also immediately refer the case to the prosecuting attorney for action if such juvenile violates the terms of the diversion agreement.
(13) A diversionary unit may, in instances where it determines that the act or omission of an act for which a juvenile has been referred to it involved no victim, or where it determines that the juvenile referred to it has no prior criminal history and is alleged to have committed an illegal act involving no threat of or instance of actual physical harm and involving not more than fifty dollars in property loss or damage and that there is no loss outstanding to the person or firm suffering such damage or loss, counsel and release or release such a juvenile without entering into a diversion agreement. A diversion unit's authority to counsel and release a juvenile under this subsection shall include the authority to refer the juvenile to community-based counseling or treatment programs. Any juvenile released under this subsection shall be advised that the act or omission of any act for which he or she had been referred shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(9) ((as now or hereafter amended)). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the unit, and a copy of the document shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language. A juvenile determined to be eligible by a diversionary unit for release as provided in this subsection shall retain the same right to counsel and right to have his or her case referred to the court for formal action as any other juvenile referred to the unit.
(14) A diversion unit may supervise the fulfillment of a diversion agreement entered into before the juvenile's eighteenth birthday and which includes a period extending beyond the divertee's eighteenth birthday.
(15) If a fine required by a diversion agreement cannot reasonably be paid due to a change of circumstance, the diversion agreement may be modified at the request of the divertee and with the concurrence of the diversion unit to convert an unpaid fine into community service. The modification of the diversion agreement shall be in writing and signed by the divertee and the diversion unit. The number of hours of community service in lieu of a monetary penalty shall be converted at the rate of the prevailing state minimum wage per hour.
(16) Fines imposed under this section shall be collected and paid into the county general fund in accordance with procedures established by the juvenile court administrator under RCW 13.04.040 and may be used only for juvenile services. In the expenditure of funds for juvenile services, there shall be a maintenance of effort whereby counties exhaust existing resources before using amounts collected under this section.
Sec. 452. RCW 13.40.160 and 1992 c 45 s 6 are each amended to read as follows:
(1) When the respondent is found to be a serious offender, the court shall commit the offender to the department for the standard range of disposition for the offense, as indicated in option A of schedule D-3, RCW 13.40.0357 except as provided in subsections (5) and (6) of this section.
If the court concludes, and enters reasons for its conclusion, that disposition within the standard range would effectuate a manifest injustice the court shall impose a disposition outside the standard range, as indicated in option B of schedule D-3, RCW 13.40.0357. The court's finding of manifest injustice shall be supported by clear and convincing evidence.
A disposition outside the standard range shall be determinate and shall be comprised of confinement or community supervision, or a combination thereof. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2)((, as now or hereafter amended,)) shall be used to determine the range. A disposition outside the standard range is appealable under RCW 13.40.230((, as now or hereafter amended,)) by the state or the respondent. A disposition within the standard range is not appealable under RCW 13.40.230 ((as now or hereafter amended)).
(2) Where the respondent is found to be a minor or first offender, the court shall order that the respondent serve a term of community supervision as indicated in option A or option B of schedule D-1, RCW 13.40.0357 except as provided in subsections (5) and (6) of this section. If the court determines that a disposition of community supervision would effectuate a manifest injustice the court may impose another disposition under option C of schedule D-1, RCW 13.40.0357. Except as provided in subsection (5) of this section, a disposition other than a community supervision may be imposed only after the court enters reasons upon which it bases its conclusions that imposition of community supervision would effectuate a manifest injustice. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2)((, as now or hereafter amended,)) shall be used to determine the range. The court's finding of manifest injustice shall be supported by clear and convincing evidence.
Except for disposition of community supervision or a disposition imposed pursuant to subsection (5) of this section, a disposition may be appealed as provided in RCW 13.40.230((, as now or hereafter amended,)) by the state or the respondent. A disposition of community supervision or a disposition imposed pursuant to subsection (5) of this section may not be appealed under RCW 13.40.230 ((as now or hereafter amended)).
(3) Where a respondent is found to have committed an offense for which the respondent declined to enter into a diversion agreement, the court shall impose a term of community supervision limited to the conditions allowed in a diversion agreement as provided in RCW 13.40.080(2) ((as now or hereafter amended)).
(4) If a respondent is found to be a middle offender:
(a) The court shall impose a determinate disposition within the standard range(s) for such offense, as indicated in option A of schedule D-2, RCW 13.40.0357 except as provided in subsections (5) and (6) of this section: PROVIDED, That if the standard range includes a term of confinement exceeding thirty days, commitment shall be to the department for the standard range of confinement; or
(b) The court shall impose a disposition under (a) of this subsection, which shall be suspended, and shall impose a determinate disposition of community supervision and/or up to thirty days confinement, as indicated in option B of schedule D-2, RCW 13.40.0357 in which case, if confinement has been imposed, the court shall state either aggravating or mitigating factors as set forth in RCW 13.40.150 ((as now or hereafter amended)). If the offender violates any condition of the disposition, the court may revoke the suspension and order execution of the sentence. The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.
(c) Only if the court concludes, and enters reasons for its conclusions, that disposition as provided in subsection (4)(a) or (b) of this section would effectuate a manifest injustice, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2)((, as now or hereafter amended,)) shall be used to determine the range. The court's finding of manifest injustice shall be supported by clear and convincing evidence.
(d) A disposition pursuant to subsection (4)(c) of this section is appealable under RCW 13.40.230((, as now or hereafter amended,)) by the state or the respondent. A disposition pursuant to subsection (4) (a) or (b) of this section is not appealable under RCW 13.40.230 ((as now or hereafter amended)).
(5) When a serious, middle, or minor first offender is found to have committed a sex offense, other than a sex offense that is also a serious violent offense as defined by RCW 9.94A.030, and has no history of a prior sex offense, the court, on its own motion or the motion of the state or the respondent, may order an examination to determine whether the respondent is amenable to treatment.
The report of the examination shall include at a minimum the following: The respondent's version of the facts and the official version of the facts, the respondent's offense history, an assessment of problems in addition to alleged deviant behaviors, the respondent's social, educational, and employment situation, and other evaluation measures used. The report shall set forth the sources of the evaluator's information.
The examiner shall assess and report regarding the respondent's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:
(a)(i) Frequency and type of contact between the offender and therapist;
(ii) Specific issues to be addressed in the treatment and description of planned treatment modalities;
(iii) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;
(iv) Anticipated length of treatment; and
(v) Recommended crime-related prohibitions.
The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion. The defendant shall pay the cost of any second examination ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost.
After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this special sex offender disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section. If the court determines that this special sex offender disposition alternative is appropriate, then the court shall impose a determinate disposition within the standard range for the offense, or if the court concludes, and enters reasons for its conclusion, that such disposition would effectuate a manifest injustice, the court shall impose a disposition pursuant to option C of schedule D-1, option C of schedule D-2, or option B of schedule D-3 as appropriate, and the court may suspend the execution of the disposition and place the offender on community supervision for up to two years. As a condition of the suspended disposition, the court may impose the conditions of community supervision and other conditions, including up to thirty days of confinement and requirements that the offender do any one or more of the following:
(b)(i) Devote time to a specific education, employment, or occupation;
(ii) Undergo available outpatient sex offender treatment for up to two years, or inpatient sex offender treatment not to exceed the standard range of confinement for that offense. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The respondent shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the probation counselor, and the court, and shall not change providers without court approval after a hearing if the prosecutor or probation counselor object to the change;
(iii) Remain within prescribed geographical boundaries and notify the court or the probation counselor prior to any change in the offender's address, educational program, or employment;
(iv) Report to the prosecutor and the probation counselor prior to any change in a sex offender treatment provider. This change shall have prior approval by the court;
(v) Report as directed to the court and a probation counselor;
(vi) Pay all court-ordered legal financial obligations, perform community service, or any combination thereof; or
(vii) Make restitution to the victim for the cost of any counseling reasonably related to the offense.
The sex offender treatment provider shall submit quarterly reports on the respondent's progress in treatment to the court and the parties. The reports shall reference the treatment plan and include at a minimum the following: Dates of attendance, respondent's compliance with requirements, treatment activities, the respondent's relative progress in treatment, and any other material specified by the court at the time of the disposition.
At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.
Except as provided in this subsection (5), after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by sex offender treatment providers certified by the department of health pursuant to chapter 18.155 RCW. A sex offender therapist who examines or treats a juvenile sex offender pursuant to this subsection does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that: (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (5) and the rules adopted by the department of health.
If the offender violates any condition of the disposition or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may revoke the suspension and order execution of the sentence. The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.
For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged. "Victim" may also include a known parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.
(6)(a) The minimum sentence for any juvenile age sixteen or seventeen who illegally possesses a pistol is ten confinement days. The court may extend community supervision up to twelve months for such offense.
(b) The following additional times shall be added to the term of confinement for any juvenile found to have been armed with a firearm during the commission of a felony:
(i) Twenty-six weeks for A-, A, and A+ category offenses;
(ii) Sixteen weeks for B and B+ category offenses; and
(iii) Twelve weeks for C and C+ category offenses.
(7) Whenever a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served.
(((7))) (8) Except as provided for in subsection (5) of this section, the court shall not suspend or defer the imposition or the execution of the disposition.
(((8))) (9) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult could be subjected for the same offense.
Sec. 453. RCW 13.40.210 and 1990 c 3 s 304 are each amended to read as follows:
(1) The secretary shall, except in the case of a juvenile committed by a court to a term of confinement in a state institution outside the appropriate standard range for the offense(s) for which the juvenile was found to be guilty established pursuant to RCW 13.40.030, ((as now or hereafter amended,)) set a release or discharge date for each juvenile committed to its custody which shall be within the prescribed range to which a juvenile has been committed. ((Such)) The dates shall be determined prior to the expiration of sixty percent of a juvenile's minimum term of confinement included within the prescribed range to which the juvenile has been committed. The secretary shall release any juvenile committed to the custody of the department within four calendar days prior to the juvenile's release date or on the release date set under this chapter((: PROVIDED, That)). However, days spent in the custody of the department shall be tolled by any period of time during which a juvenile has absented himself or herself from the department's supervision without the prior approval of the secretary or the secretary's designee.
(2) The secretary shall monitor the average daily population of the state's juvenile residential facilities. When the secretary concludes that in-residence population of residential facilities exceeds one hundred five percent of the rated bed capacity specified in statute, or in absence of such specification, as specified by the department in rule, the secretary may recommend reductions to the governor. On certification by the governor that the recommended reductions are necessary, the secretary has authority to administratively release a sufficient number of offenders to reduce in-residence population to one hundred percent of rated bed capacity. The secretary shall release those offenders who have served the greatest proportion of their sentence. However, the secretary may deny release in a particular case at the request of an offender, or if the secretary finds that there is no responsible custodian, as determined by the department, to whom to release the offender, or if the release of the offender would pose a clear danger to society. The department shall notify the committing court of the release at the end of each calendar year if any ((such)) early releases have occurred during that year as a result of excessive in-residence population. In no event shall a serious offender, as defined in RCW 13.40.020(1) be granted release under the provisions of this subsection.
(3) Following the juvenile's release ((pursuant to)) under subsection (1) of this section, the secretary may require the juvenile to comply with a program of parole to be administered by the department in his or her community which shall last no longer than eighteen months, except that in the case of a juvenile sentenced for rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, or indecent liberties with forcible compulsion, the period of parole shall be twenty-four months. A parole program is mandatory for offenders released under subsection (2) of this section. The secretary shall, for the period of parole, facilitate the juvenile's reintegration into his or her community and to further this goal shall require the juvenile to refrain from possessing a firearm or using a deadly weapon and refrain from committing new offenses and may require the juvenile to: (a) Undergo available medical or psychiatric treatment; (b) report as directed to a parole officer; (c) pursue a course of study or vocational training; and (d) remain within prescribed geographical boundaries and notify the department of any change in his or her address((; and (e) refrain from committing new offenses)). After termination of the parole period, the juvenile shall be discharged from the department's supervision.
(4)(a) The department may also modify parole for violation thereof. If, after affording a juvenile all of the due process rights to which he or she would be entitled if the juvenile were an adult, the secretary finds that a juvenile has violated a condition of his or her parole, the secretary shall order one of the following which is reasonably likely to effectuate the purpose of the parole and to protect the public: (((a))) (i) Continued supervision under the same conditions previously imposed; (((b))) (ii) intensified supervision with increased reporting requirements; (((c))) (iii) additional conditions of supervision authorized by this chapter; (((d))) (iv) except as provided in (((e))) (a)(v) of this subsection, imposition of a period of confinement not to exceed thirty days in a facility operated by or pursuant to a contract with the state of Washington or any city or county for a portion of each day or for a certain number of days each week with the balance of the days or weeks spent under supervision; and (((e))) (v) the secretary may order any of the conditions or may return the offender to confinement in an institution for the remainder of the sentence range if the offense for which the offender was sentenced is rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, indecent liberties with forcible compulsion, or a sex offense that is also a serious violent offense as defined by RCW 9.94A.030.
(b) If the department finds that any juvenile in a program of parole has possessed a firearm or used a deadly weapon during the program of parole, the department shall modify the parole under (a) of this subsection and confine the juvenile for at least thirty days. Confinement shall be in a facility operated by or pursuant to a contract with the state or any county.
(5) A parole officer of the department of social and health services shall have the power to arrest a juvenile under his or her supervision on the same grounds as a law enforcement officer would be authorized to arrest ((such)) the person.
(6) If so requested and approved under chapter 13.06 RCW, the secretary shall permit a county or group of counties to perform functions under subsections (3) through (5) of this section.
Sec. 454. RCW 13.40.190 and 1987 c 281 s 5 are each amended to read as follows:
(1) In its dispositional order, the court shall require the respondent to make restitution to any persons who have suffered loss or damage as a result of the offense committed by the respondent. In addition, restitution may be ordered for 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, pursuant to a plea agreement, are not prosecuted. The payment of restitution shall be in addition to any punishment which is imposed pursuant to the other provisions of this chapter. The court may determine the amount, terms, and conditions of the restitution including a payment plan extending up to ten years if the court determines that the respondent does not have the means to make full restitution over a shorter period. Restitution may include the costs of counseling reasonably related to the offense. If the respondent participated in the crime with another person or other persons, all such participants shall be jointly and severally responsible for the payment of restitution. For the purposes of this section, the respondent shall remain under the court's jurisdiction for a maximum term of ten years after the respondent's eighteenth birthday. The court may not require the respondent to pay full or partial restitution if the respondent reasonably satisfies the court that he or she does not have the means to make full or partial restitution and could not reasonably acquire the means to pay such restitution over a ten-year period. In cases where an offender has been committed to the department for a period of confinement exceeding fifteen weeks, restitution may be waived.
(2) If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order. The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments.
(3) A respondent under obligation to pay restitution may petition the court for modification of the restitution order.
Sec. 455. RCW 13.40.300 and 1986 c 288 s 6 are each amended to read as follows:
(1) In no case may a juvenile offender be committed by the juvenile court to the department of social and health services for placement in a juvenile correctional institution beyond the juvenile offender's twenty-first birthday. A juvenile may be under the jurisdiction of the juvenile court or the authority of the department of social and health services beyond the juvenile's eighteenth birthday only if prior to the juvenile's eighteenth birthday:
(a) Proceedings are pending seeking the adjudication of a juvenile offense and the court by written order setting forth its reasons extends jurisdiction of juvenile court over the juvenile beyond his or her eighteenth birthday;
(b) The juvenile has been found guilty after a fact finding or after a plea of guilty and an automatic extension is necessary to allow for the imposition of disposition; or
(c) Disposition has been held and an automatic extension is necessary to allow for the execution and enforcement of the court's order of disposition. If an order of disposition imposes commitment to the department, then jurisdiction is automatically extended to include a period of up to twelve months of parole, in no case extending beyond the offender's twenty-first birthday.
(2) If the juvenile court previously has extended jurisdiction beyond the juvenile offender's eighteenth birthday and that period of extension has not expired, the court may further extend jurisdiction by written order setting forth its reasons.
(3) In no event may the juvenile court have authority to extend jurisdiction over any juvenile offender beyond the juvenile offender's twenty-first birthday except for the purpose of enforcing an order of restitution.
(4) Notwithstanding any extension of jurisdiction over a person pursuant to this section, the juvenile court has no jurisdiction over any offenses alleged to have been committed by a person eighteen years of age or older.
Sec. 456. RCW 26.28.080 and 1987 c 250 s 2 and 1987 c 204 s 1 are each reenacted and amended to read as follows:
Every person who((:
(1) Shall admit to or allow to remain in any concert saloon, or in any place owned, kept, or managed by him or her where intoxicating liquors are sold, given away or disposed of--except a restaurant or dining room, any person under the age of eighteen years; or,
(2) Shall admit to, or allow to remain in any public pool or billiard hall, or in any place of entertainment injurious to health or morals, owned, kept or managed by him or her, any person under the age of eighteen years; or,
(3) Shall suffer or permit any such person to play any game of skill or chance, in any such place, or in any place adjacent thereto, or to be or remain therein, or admit or allow to remain in any reputed house of prostitution or assignation, or in any place where opium or any preparation thereof, is smoked, or where any narcotic drug is used, any persons under the age of eighteen years; or,
(4) Shall)) sells or gives, or permits to be sold or given to any person under the age of eighteen years any cigar, cigarette, cigarette paper or wrapper, or tobacco in any form((; or
(5) Shall sell, or give, or permit to be sold or given to any person under the age of eighteen years, any revolver or pistol;
Shall be)) is guilty of a gross misdemeanor.
It shall be no defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another.
NEW SECTION. Sec. 457. A new section is added to chapter 9.94A RCW to read as follows:
The department shall adopt rules and procedures to administer this section. In addition, the department is authorized to determine whether any person subject to the confines of a correctional facility would substantially benefit from successful participation in: (1) Literacy training, (2) employment skills training, or (3) educational efforts to identify and control sources of anger and, upon a determination that the person would, may require such successful participation as a condition for eligibility to obtain early release from the confines of a correctional facility.
Sec. 458. RCW 82.04.250 and 1993 sp.s. c 25 s 103 are each amended to read as follows:
(1) Upon every person except persons taxable under RCW 82.04.260(8) or subsection (2) of this section engaging within this state in the business of making sales at retail, as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of sales of the business, multiplied by the rate of 0.471 percent.
(2) Upon every person engaging within this state in the business of making sales at retail that are exempt from the tax imposed under chapter 82.08 RCW by reason of RCW 82.08.0261, 82.08.0262, or 82.08.0263, as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of sales of the business, multiplied by the rate of 0.484 percent.
(3) In addition to the tax imposed under subsection (1) of this section, upon every person engaging within this state in the business of making sales at retail of ammunition or firearms, as defined in RCW 9.41.010, as to such persons, an additional tax is imposed with respect to such business equal to the gross proceeds of sales of ammunition and firearms, as defined in RCW 9.41.010, multiplied by the rate of 0.5 percent. Proceeds of the tax imposed under this subsection shall be deposited into the violence reduction and drug enforcement account under RCW 69.50.520.
NEW SECTION. Sec. 459. A new section is added to chapter 9.41 RCW to read as follows:
(1) Any court when entering an order authorized under RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.26.137, 26.50.060, or 26.50.070 shall, upon a showing by clear and convincing evidence, that a party has: Used, displayed, or threatened to use a deadly weapon in a crime of violence or previously committed any offense which makes him or her ineligible to possess a pistol under the provisions of RCW 9.41.040:
(a) Require the party to surrender any deadly weapon;
(b) Require the party to surrender any concealed pistol license issued under RCW 9.41.070;
(c) Prohibit the party from obtaining or possessing a deadly weapon;
(d) Prohibit the party from obtaining or possessing a concealed pistol license.
(2) The court may order temporary surrender of a deadly weapon without notice to the other party if it finds, on the basis of the moving affidavit or other evidence, that irreparable injury could result if an order is not issued until the time for response has elapsed.
(3) In addition to the provisions of subsections (1) and (2) of this section, the court may enter an order requiring a party to comply with the provisions in subsection (1) of this section if it finds that the possession of a firearm by any party presents a serious and imminent threat to public health or safety, or to the health or safety of any individual.
(4) The requirements of subsections (1) and (3) of this section may be for a period of time less than the duration of the order.
(5) The court may require the party to surrender any deadly weapon in his or her immediate possession or control or subject to his or her immediate possession or control to the sheriff of the county having jurisdiction of the proceeding or to the restrained or enjoined party's counsel or to any person designated by the court.
Sec. 460. RCW 9A.46.050 and 1985 c 288 s 5 are each amended to read as follows:
A defendant who is charged by citation, complaint, or information with an offense involving harassment and not arrested shall appear in court for arraignment in person as soon as practicable, but in no event later than fourteen days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information. At that appearance, the court shall determine the necessity of imposing a no-contact or no-harassment order, and consider the provisions of section 459 of this act, or other conditions of pretrial release according to the procedures established by court rule for preliminary appearance or an arraignment.
Sec. 461. RCW 10.14.080 and 1992 c 143 s 11 are each amended to read as follows:
(1) Upon filing a petition for a civil antiharassment protection order under this chapter, the petitioner may obtain an ex parte temporary antiharassment protection order. An ex parte temporary antiharassment protection order may be granted with or without notice upon the filing of an affidavit which, to the satisfaction of the court, shows reasonable proof of unlawful harassment of the petitioner by the respondent and that great or irreparable harm will result to the petitioner if the temporary antiharassment protection order is not granted.
(2) An ex parte temporary antiharassment protection order shall be effective for a fixed period not to exceed fourteen days or twenty-four days if the court has permitted service by publication under RCW 10.14.085. The ex parte order may be reissued. A full hearing, as provided in this chapter, shall be set for not later than fourteen days from the issuance of the temporary order or not later than twenty-four days if service by publication is permitted. Except as provided in RCW 10.14.070 and 10.14.085, the respondent shall be personally served with a copy of the ex parte order along with a copy of the petition and notice of the date set for the hearing.
(3) At the hearing, if the court finds by a preponderance of the evidence that unlawful harassment exists, a civil antiharassment protection order shall issue prohibiting such unlawful harassment.
(4) An order issued under this chapter shall be effective for not more than one year unless the court finds that the respondent is likely to resume unlawful harassment of the petitioner when the order expires. If so, the court may enter an order for a fixed time exceeding one year or may enter a permanent antiharassment protection order. The court shall not enter an order that is effective for more than one year if the order restrains the respondent from contacting the respondent's minor children. If the petitioner seeks relief for a period longer than one year on behalf of the respondent's minor children, the court shall advise the petitioner that the petitioner may apply for renewal of the order as provided in this chapter or if appropriate may seek relief pursuant to chapter 26.09 or 26.10 RCW.
(5) At any time within the three months before the expiration of the order, the petitioner may apply for a renewal of the order by filing a petition for renewal. The petition for renewal shall state the reasons why the petitioner seeks to renew the protection order. Upon receipt of the petition for renewal, the court shall order a hearing which shall be not later than fourteen days from the date of the order. Except as provided in RCW 10.14.085, personal service shall be made upon the respondent not less than five days before the hearing. If timely service cannot be made the court shall set a new hearing date and shall either require additional attempts at obtaining personal service or permit service by publication as provided by RCW 10.14.085. If the court permits service by publication, the court shall set the new hearing date not later than twenty-four days from the date of the order. If the order expires because timely service cannot be made the court shall grant an ex parte order of protection as provided in this section. The court shall grant the petition for renewal unless the respondent proves by a preponderance of the evidence that the respondent will not resume harassment of the petitioner when the order expires. The court may renew the protection order for another fixed time period or may enter a permanent order as provided in subsection (4) of this section.
(6) The court, in granting an ex parte temporary antiharassment protection order or a civil antiharassment protection order, shall have broad discretion to grant such relief as the court deems proper, including an order:
(a) Restraining the respondent from making any attempts to contact the petitioner;
(b) Restraining the respondent from making any attempts to keep the petitioner under surveillance; ((and))
(c) Requiring the respondent to stay a stated distance from the petitioner's residence and workplace; and
(d) Considering the provisions of section 459 of this act.
(7) A petitioner may not obtain an ex parte temporary antiharassment protection order against a respondent if the petitioner has previously obtained two such ex parte orders against the same respondent but has failed to obtain the issuance of a civil antiharassment protection order unless good cause for such failure can be shown.
(8) The court order shall specify the date an order issued pursuant to subsections (4) and (5) of this section expires if any. The court order shall also state whether the court issued the protection order following personal service or service by publication and whether the court has approved service by publication of an order issued under this section.
Sec. 462. RCW 10.99.040 and 1992 c 86 s 2 are each amended to read as follows:
(1) Because of the serious nature of domestic violence, the court in domestic violence actions:
(a) Shall not dismiss any charge or delay disposition because of concurrent dissolution or other civil proceedings;
(b) Shall not require proof that either party is seeking a dissolution of marriage prior to instigation of criminal proceedings;
(c) Shall waive any requirement that the victim's location be disclosed to any person, other than the attorney of a criminal defendant, upon a showing that there is a possibility of further violence: PROVIDED, That the court may order a criminal defense attorney not to disclose to his or her client the victim's location; and
(d) Shall identify by any reasonable means on docket sheets those criminal actions arising from acts of domestic violence.
(2) Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when any person charged with or arrested for a crime involving domestic violence is released from custody before arraignment or trial on bail or personal recognizance, the court authorizing the release may prohibit that person from having any contact with the victim. The jurisdiction authorizing the release shall determine whether that person should be prohibited from having any contact with the victim. If there is no outstanding restraining or protective order prohibiting that person from having contact with the victim, the court authorizing release may issue, by telephone, a no-contact order prohibiting the person charged or arrested from having contact with the victim. In issuing the order, the court shall consider the provisions of section 459 of this act. The no-contact order shall also be issued in writing as soon as possible. ((If the court has probable cause to believe that the person charged or arrested is likely to use or display or threaten to use a deadly weapon as defined in RCW 9A.04.110 in any further acts of violence, the court may also require that person to surrender any deadly weapon in that person's immediate possession or control, or subject to that person's immediate possession or control, to the sheriff of the county or chief of police of the municipality in which that person resides or to the defendant's counsel for safekeeping.))
(3) At the time of arraignment the court shall determine whether a no-contact order shall be issued or extended. If a no-contact order is issued or extended, the court may also include in the conditions of release a requirement that the defendant submit to electronic monitoring. If electronic monitoring is ordered, the court shall specify who shall provide the monitoring services, and the terms under which the monitoring shall be performed. Upon conviction, the court may require as a condition of the sentence that the defendant reimburse the providing agency for the costs of the electronic monitoring.
(4)(a) Willful violation of a court order issued under subsection (2) or (3) of this section is a misdemeanor. Upon conviction and in addition to other penalties provided by law, the court may require that the defendant submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The court also may include a requirement that the defendant pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring.
(b) Any assault that is a violation of an order issued under this section and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony punishable under chapter 9A.20 RCW, and any conduct in violation of a protective order issued under this section that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony punishable under chapter 9A.20 RCW.
(c) The written order releasing the person charged or arrested shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter 10.99 RCW and will subject a violator to arrest; any assault or reckless endangerment that is a violation of this order is a felony. A certified copy of the order shall be provided to the victim. If a no-contact order has been issued prior to charging, that order shall expire at arraignment or within seventy-two hours if charges are not filed. Such orders need not be entered into the computer information system in this state which is used by law enforcement agencies to list outstanding warrants.
(5) Whenever an order prohibiting contact is issued, modified, or terminated under subsection (2) or (3) of this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall forthwith enter the order for one year or until the expiration date specified on the order into any computer information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state.
Sec. 463. RCW 10.99.045 and 1984 c 263 s 23 are each amended to read as follows:
(1) A defendant arrested for an offense involving domestic violence as defined by RCW 10.99.020(2) shall be required to appear in person before a magistrate within one judicial day after the arrest.
(2) A defendant who is charged by citation, complaint, or information with an offense involving domestic violence as defined by RCW 10.99.020(2) and not arrested shall appear in court for arraignment in person as soon as practicable, but in no event later than fourteen days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information.
(3) At the time of the appearances provided in subsection (1) or (2) of this section, the court shall determine the necessity of imposing a no contact order or other conditions of pretrial release according to the procedures established by court rule for a preliminary appearance or an arraignment. ((If the court has probable cause to believe that the defendant is likely to use or display or threaten to use a deadly weapon as defined in RCW 9A.04.110 in any further acts of violence, as one of the conditions of pretrial release, the court may require the defendant to surrender any deadly weapon in the defendant's immediate possession or control, or subject to the defendant's immediate possession or control, to the sheriff of the county or chief of police of the municipality in which the defendant resides or to the defendant's counsel for safekeeping. The decision of the judge and findings of fact in support thereof shall be in writing.)) The court may include in the order any conditions authorized under section 459 of this act.
(4) Appearances required pursuant to this section are mandatory and cannot be waived.
(5) The no-contact order shall be issued and entered with the appropriate law enforcement agency pursuant to the procedures outlined in RCW 10.99.040 (2) and (4).
Sec. 464. RCW 26.09.050 and 1989 c 375 s 29 are each amended to read as follows:
In entering a decree of dissolution of marriage, legal separation, or declaration of invalidity, the court shall determine the marital status of the parties, make provision for a parenting plan for any minor child of the marriage, make provision for the support of any child of the marriage entitled to support, consider or approve provision for the maintenance of either spouse, make provision for the disposition of property and liabilities of the parties, make provision for the allocation of the children as federal tax exemptions, make provision for any necessary continuing restraining orders including the provisions contained in section 459 of this act, and make provision for the change of name of any party.
Sec. 465. RCW 26.09.060 and 1992 c 229 s 9 are each amended to read as follows:
(1) In a proceeding for:
(a) Dissolution of marriage, legal separation, or a declaration of invalidity; or
(b) Disposition of property or liabilities, maintenance, or support following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse; either party may move for temporary maintenance or for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.
(2) As a part of a motion for temporary maintenance or support or by independent motion accompanied by affidavit, either party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any person from:
(a) Transferring, removing, encumbering, concealing, or in any way disposing of any property except in the usual course of business or for the necessities of life, and, if so restrained or enjoined, requiring him or her to notify the moving party of any proposed extraordinary expenditures made after the order is issued;
(b) Molesting or disturbing the peace of the other party or of any child ((and, upon a showing by clear and convincing evidence that the party so restrained or enjoined has used or displayed or threatened to use a deadly weapon as defined in RCW 9A.04.110 in an act of violence or has previously committed acts of domestic violence and is likely to use or display or threaten to use a deadly weapon in an act of domestic violence, requiring the party to surrender any deadly weapon in his immediate possession or control or subject to his immediate possession or control to the sheriff of the county having jurisdiction of the proceeding or to the restrained or enjoined party's counsel or to any person designated by the court. The court may order temporary surrender of deadly weapons without notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for response has elapsed));
(c) Entering the family home or the home of the other party upon a showing of the necessity therefor;
(d) Removing a child from the jurisdiction of the court.
(3) In issuing the order, the court shall consider the provisions of section 459 of this act.
(4) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.
(((4))) (5) The court may issue a temporary restraining order or preliminary injunction and an order for temporary maintenance or support in such amounts and on such terms as are just and proper in the circumstances. The court may in its discretion waive the filing of the bond or the posting of security.
(((5))) (6) Restraining orders issued under this section restraining the person from molesting or disturbing another party or from entering a party's home shall bear the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.09 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.
(((6))) (7) The court may order that any temporary restraining order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order for one year into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.
(((7))) (8) A temporary order, temporary restraining order, or preliminary injunction:
(a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;
(b) May be revoked or modified;
(c) Terminates when the final decree is entered, except as provided under subsection (((8))) (9) of this section, or when the petition for dissolution, legal separation, or declaration of invalidity is dismissed;
(d) May be entered in a proceeding for the modification of an existing decree.
(((8))) (9) Delinquent support payments accrued under an order for temporary support remain collectible and are not extinguished when a final decree is entered unless the decree contains specific language to the contrary. A support debt under a temporary order owed to the state for public assistance expenditures shall not be extinguished by the final decree if:
(a) The obligor was given notice of the state's interest under chapter 74.20A RCW; or
(b) The temporary order directs the obligor to make support payments to the office of support enforcement or the Washington state support registry.
Sec. 466. RCW 26.10.040 and 1989 c 375 s 31 are each amended to read as follows:
In entering an order under this chapter, the court shall consider, approve, or make provision for:
(1) Child custody, visitation, and the support of any child entitled to support;
(2) The allocation of the children as a federal tax exemption; and
(3) Any necessary continuing restraining orders, including the provisions contained in section 459 of this act.
Sec. 467. RCW 26.10.115 and 1989 c 375 s 32 are each amended to read as follows:
(1) In a proceeding under this chapter either party may file a motion for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amount requested.
(2) In a proceeding under this chapter either party may file a motion for a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any person from:
(a) Molesting or disturbing the peace of the other party or of any child ((and, upon a showing by clear and convincing evidence that the party so restrained or enjoined has used or displayed or threatened to use a deadly weapon as defined in RCW 9A.04.110 in an act of violence or has previously committed acts of domestic violence and is likely to use or display or threaten to use a deadly weapon in an act of domestic violence, requiring the party to surrender any deadly weapon in his immediate possession or control or subject to his immediate possession or control to the sheriff of the county having jurisdiction of the proceeding or to the restrained or enjoined party's counsel or to any person designated by the court. The court may order temporary surrender of deadly weapons without notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for response has elapsed));
(b) Entering the family home or the home of the other party upon a showing of the necessity therefor;
(c) Removing a child from the jurisdiction of the court.
(3) In issuing the order, the court shall consider the provisions of section 459 of this act.
(4) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.
(((4))) (5) The court may issue a temporary restraining order or preliminary injunction and an order for temporary support in such amounts and on such terms as are just and proper in the circumstances.
(((5))) (6) Restraining orders issued under this section restraining the person from molesting or disturbing another party or from entering a party's home shall bear the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.10 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.
(((6))) (7) The court may order that any temporary restraining order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order for one year into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.
(((7))) (8) A temporary order, temporary restraining order, or preliminary injunction:
(a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;
(b) May be revoked or modified;
(c) Terminates when the final order is entered or when the motion is dismissed;
(d) May be entered in a proceeding for the modification of an existing order.
(((8))) (9) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection. Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding. An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding.
Sec. 468. RCW 26.26.130 and 1989 c 375 s 23 and 1989 c 360 s 18 are each reenacted and amended to read as follows:
(1) The judgment and order of the court determining the existence or nonexistence of the parent and child relationship shall be determinative for all purposes.
(2) If the judgment and order of the court is at variance with the child's birth certificate, the court shall order that an amended birth certificate be issued.
(3) The judgment and order shall contain other appropriate provisions directed to the appropriate parties to the proceeding, concerning the duty of current and future support, the extent of any liability for past support furnished to the child if that issue is before the court, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. The judgment and order may direct the father to pay the reasonable expenses of the mother's pregnancy and confinement. The judgment and order may include a continuing restraining order or injunction. In issuing the order, the court shall consider the provisions of section 459 of this act.
(4) Support judgment and orders shall be for periodic payments which may vary in amount. The court may limit the father's liability for the past support to the child to the proportion of the expenses already incurred as the court deems just. The court shall not limit or affect in any manner the right of nonparties including the state of Washington to seek reimbursement for support and other services previously furnished to the child.
(5) After considering all relevant factors, the court shall order either or both parents to pay an amount determined pursuant to the schedule and standards ((adopted under RCW 26.19.040)) contained in chapter 26.19 RCW.
(6) On the same basis as provided in chapter 26.09 RCW, the court shall make residential provisions with regard to minor children of the parties, except that a parenting plan shall not be required unless requested by a party.
(7) In any dispute between the natural parents of a child and a person or persons who have (a) commenced adoption proceedings or who have been granted an order of adoption, and (b) pursuant to a court order, or placement by the department of social and health services or by a licensed agency, have had actual custody of the child for a period of one year or more before court action is commenced by the natural parent or parents, the court shall consider the best welfare and interests of the child, including the child's need for situation stability, in determining the matter of custody, and the parent or person who is more fit shall have the superior right to custody.
Sec. 469. RCW 26.26.137 and 1983 1st ex.s. c 41 s 12 are each amended to read as follows:
(1) If the court has made a finding as to the paternity of a child, or if a party's acknowledgment of paternity has been filed with the court, or a party alleges he is the father of the child, any party may move for temporary support for the child prior to the date of entry of the final order. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.
(2) Any party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any party from:
(a) Molesting or disturbing the peace of another party;
(b) Entering the home of another party; or
(c) Removing a child from the jurisdiction of the court.
(3) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.
(4) The court may issue a temporary restraining order or preliminary injunction and an order for temporary support in such amounts and on such terms as are just and proper in the circumstances. In issuing the order, the court shall consider the provisions of section 459 of this act.
(5) A temporary order, temporary restraining order, or preliminary injunction:
(a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;
(b) May be revoked or modified;
(c) Terminates when the final order is entered or when the petition is dismissed; and
(d) May be entered in a proceeding for the modification of an existing order.
(6) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection. Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding. An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding.
Sec. 470. RCW 26.50.060 and 1992 c 143 s 2, 1992 c 111 s 4, and 1992 c 86 s 4 are each reenacted and amended to read as follows:
(1) Upon notice and after hearing, the court may provide relief as follows:
(a) Restrain the respondent from committing acts of domestic violence;
(b) Exclude the respondent from the dwelling which the parties share or from the residence of the petitioner;
(c) On the same basis as is provided in chapter 26.09 RCW, the court shall make residential provision with regard to minor children of the parties. However, parenting plans as specified in chapter 26.09 RCW shall not be required under this chapter;
(d) Order the respondent to participate in batterers' treatment;
(e) Order other relief as it deems necessary for the protection of the petitioner and other family or household members sought to be protected, including orders or directives to a peace officer, as allowed under this chapter;
(f) Require the respondent to pay the filing fee and court costs, including service fees, and to reimburse the petitioner for costs incurred in bringing the action, including a reasonable attorney's fee. If the petitioner has been granted leave to proceed in forma pauperis, the court may require the respondent to pay the filing fee and costs, including services fees, to the county or municipality incurring the expense;
(g) Restrain the respondent from having any contact with the victim of domestic violence or the victim's children or members of the victim's household; ((and))
(h) Require the respondent to submit to electronic monitoring. The order shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The order also may include a requirement that the respondent pay the costs of the monitoring. The court shall consider the ability of the respondent to pay for electronic monitoring; and
(i) Consider the provisions of section 459 of this act.
(2) Any relief granted by the order for protection, other than a judgment for costs, shall be for a fixed period not to exceed one year if the restraining order restrains the respondent from contacting the respondent's minor children. If the petitioner has petitioned for relief on his or her own behalf or on behalf of the petitioner's family or household members or minor children that are not also the respondent's minor children, and the court finds that the respondent is likely to resume acts of domestic violence against the petitioner or the petitioner's family or household members or minor children when the order expires, the court may either (a) grant relief for a fixed period not to exceed one year; (b) grant relief for a fixed period in excess of one year; or (c) enter a permanent order of protection.
If the petitioner has petitioned for relief on behalf of the respondent's minor children, the court shall advise the petitioner that if the petitioner wants to continue protection for a period beyond one year the petitioner may either petition for renewal pursuant to the provisions of this chapter or may seek relief pursuant to the provisions of chapter 26.09 RCW.
(3) If the court grants an order for a fixed time period, the petitioner may apply for renewal of the order by filing a petition for renewal at any time within the three months before the order expires. The petition for renewal shall state the reasons why the petitioner seeks to renew the protection order. Upon receipt of the petition for renewal the court shall order a hearing which shall be not later than fourteen days from the date of the order. Except as provided in RCW 26.50.085, personal service shall be made on the respondent not less than five days before the hearing. If timely service cannot be made the court shall set a new hearing date and shall either require additional attempts at obtaining personal service or permit service by publication as provided in RCW 26.50.085. If the court permits service by publication, the court shall set the new hearing date not later than twenty-four days from the date of the order. If the order expires because timely service cannot be made the court shall grant an ex parte order of protection as provided in RCW 26.50.070. The court shall grant the petition for renewal unless the respondent proves by a preponderance of the evidence that the respondent will not resume acts of domestic violence against the petitioner or the petitioner's children or family or household members when the order expires. The court may renew the protection order for another fixed time period or may enter a permanent order as provided in this section. The court may award court costs, service fees, and reasonable attorneys' fees as provided in subsection (1)(f) of this section.
(4) In providing relief under this chapter, the court may realign the designation of the parties as "petitioner" and "respondent" where the court finds that the original petitioner is the abuser and the original respondent is the victim of domestic violence and may issue an ex parte temporary order for protection in accordance with RCW 26.50.070 on behalf of the victim until the victim is able to prepare a petition for an order for protection in accordance with RCW 26.50.030.
(5) Except as provided in subsection (4) of this section, no order for protection shall grant relief to any party except upon notice to the respondent and hearing pursuant to a petition or counter-petition filed and served by the party seeking relief in accordance with RCW 26.50.050.
(6) The court order shall specify the date the order expires if any. The court order shall also state whether the court issued the protection order following personal service or service by publication and whether the court has approved service by publication of an order issued under this section.
Sec. 471. RCW 26.50.070 and 1992 c 143 s 3 are each amended to read as follows:
(1) Where an application under this section alleges that irreparable injury could result from domestic violence if an order is not issued immediately without prior notice to the respondent, the court may grant an ex parte temporary order for protection, pending a full hearing, and grant relief as the court deems proper, including an order:
(a) Restraining any party from committing acts of domestic violence;
(b) Excluding any party from the dwelling shared or from the residence of the other until further order of the court;
(c) Restraining any party from interfering with the other's custody of the minor children or from removing the children from the jurisdiction of the court; ((and))
(d) Restraining any party from having any contact with the victim of domestic violence or the victim's children or members of the victim's household; and
(e) Considering the provisions of section 459 of this act.
(2) Irreparable injury under this section includes but is not limited to situations in which the respondent has recently threatened petitioner with bodily injury or has engaged in acts of domestic violence against the petitioner.
(3) The court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day.
(4) An ex parte temporary order for protection shall be effective for a fixed period not to exceed fourteen days or twenty-four days if the court has permitted service by publication under RCW 26.50.085. The ex parte order may be reissued. A full hearing, as provided in this chapter, shall be set for not later than fourteen days from the issuance of the temporary order or not later than twenty-four days if service by publication is permitted. Except as provided in RCW 26.50.050 and 26.50.085, the respondent shall be personally served with a copy of the ex parte order along with a copy of the petition and notice of the date set for the hearing.
Sec. 472. RCW 77.12.720 and 1990 c 195 s 2 are each amended to read as follows:
The firearms range account is hereby created in the state general fund. ((Any funds remaining in the firearm range account established by RCW 77.12.195, at the time of its repeal by section 7, chapter 195, Laws of 1990, shall be transferred to the firearms range account established in this section.)) Moneys in the account shall be subject to legislative appropriation and shall be used for purchase and development of land, construction or improvement of range facilities, including fixed structure construction or remodeling, equipment purchase, safety or environmental improvements, noise abatement, and liability protection for public and nonprofit firearm range training and practice facilities.
Grant funds shall not be used for expendable shooting supplies, or normal operating expenses. Grant funds shall not supplant funds for other organization programs.
The funds will be available to nonprofit shooting organizations, school districts, and state, county, or local governments on a match basis. All ((ranges)) entities receiving matching funds must be open on a regular basis and usable by law enforcement personnel or the general public who possess Washington concealed ((carry permits)) pistol licenses or Washington hunting licenses or who are enrolled in a firearm safety class.
Applicants for a grant from the firearms range account shall provide matching funds in either cash or in-kind contributions. The match must represent one dollar in value for each one dollar of the grant. In-kind contributions include but are not limited to labor, materials, and new property. Existing assets and existing development may not apply to the match.
Applicants other than school districts or local or state government must be registered as a nonprofit or not-for-profit organization with the Washington secretary of state and the United States internal revenue service. The organization's articles of incorporation must contain provisions for the organization's structure, officers, legal address, and registered agent.
Organizations requesting grants must provide the hours of range availability for public and law enforcement use. The fee structure will be submitted with the grant application.
Any nonprofit organization or agency accepting a grant under this program will be required to pay back the entire grant amount to the firearms range account if the use of the range facility is discontinued less than ten years after the grant is accepted.
((Facilities)) Entities receiving grants must ((be)) make the facilities for which grant funding is received open for hunter safety education classes and firearm safety classes on a regular basis for no fee.
Government units or school districts applying for grants must open their range facility on a regular basis for hunter safety education ((training)) classes and firearm safety classes.
The interagency committee for outdoor recreation shall adopt rules to implement ((this act)) chapter 195, Laws of 1990, pursuant to chapter 34.05 RCW.
NEW SECTION. Sec. 473. A new section is added to chapter 9.94A RCW to read as follows:
(1)(a) An offender is eligible for the special drug offender sentencing alternative if:
(i) The offender is convicted of the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance classified in Schedule I or II that is a narcotic drug or a felony that is, under chapter 9A.28 RCW or RCW 69.50.407, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes, and the violation does not involve a sentence enhancement under RCW 9.94A.310(3);
(ii) The offender has no prior convictions for a felony in this state, another state, or the United States; and
(iii) The offense involved only a small quantity of the particular controlled substance as determined by the judge upon consideration of such factors as the weight, purity, packaging, sale price, and street value of the controlled substance.
(b) If the midpoint of the standard range is greater than one year and the sentencing judge determines that the offender is eligible for this option and that the offender and the community will benefit from the use of the special drug offender sentencing alternative, the judge may waive imposition of a sentence within the standard range and impose a sentence that must include a period of total confinement in a state facility for one-half of the midpoint of the standard range. During incarceration in the state facility, offenders sentenced under this section shall undergo a comprehensive substance abuse assessment and receive, within available resources, treatment services appropriate for the offender. An offender sentenced under this section shall serve his or her entire term of community placement under RCW 9.94A.120 in community custody that must include crime-related prohibitions including a condition not to use illegal controlled substances, and a requirement to submit to urinalysis or other testing to monitor that status. The department may require the offender to pay thirty dollars per month while on community custody to offset the cost of monitoring. In addition, the court may impose any of the following conditions:
(i) Devote time to a specific employment or training;
(ii) Participate in outpatient substance abuse treatment;
(iii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer before any change in the offender's address or employment;
(iv) Report as directed to a community corrections officer;
(v) Pay all court-ordered legal financial obligations;
(vi) Perform community service work;
(vii) Pay a day fine;
(viii) Stay out of areas designated by the sentencing judge;
(ix) Undergo day reporting.
(c) If the offender violates any of the sentence conditions in (b) of this subsection, the department shall impose sanctions administratively, with notice to the prosecuting attorney and the sentencing court. Upon motion of the court or the prosecuting attorney, a violation hearing shall be held by the court. If the court finds that conditions have been willfully violated, the court may impose confinement consisting of up to the remaining one-half of the midpoint of the standard range. All total confinement served during the period of community custody shall be credited to the offender, regardless of whether the total confinement is served as a result of the original sentence, as a result of a sanction imposed by the department, or as a result of a violation found by the court. The term of community custody shall be tolled by any period of time served in total confinement as a result of a violation found by the court.
(d) The department shall determine the rules for calculating the value of a day fine based on the offender's income and reasonable obligations which the offender has for the support of the offender and any dependents. These rules shall be developed in consultation with the administrator for the courts, the office of financial management, and the commission.
(2) For sentences imposed pursuant to subsection (1) of this section that have a sentence range of over one year, notwithstanding any other provision of RCW 9.94A.190 all such sentences regardless of length shall be served in a facility or institution operated, or utilized under contract, by the state.
(3) For the purposes of this section:
(a) "Day fine" means a fine imposed by the sentencing judge that equals the difference between the offender's net daily income and the reasonable obligations that the offender has for the support of the offender and any dependents.
(b) "Day reporting" means a program of enhanced supervision designed to monitor the defendant's daily activities and compliance with sentence conditions, and in which the defendant is required to report daily to a specific location designated by the department or the sentencing judge.
NEW SECTION. Sec. 474. The commission shall evaluate the impact of implementing the drug offender options provided for in section 473 of this act. The commission shall submit preliminary findings to the legislature by December 1, 1995, and shall submit the final report to the legislature by December 1, 1996. The report shall describe the changes in sentencing practices related to the use of punishment options for drug offenders and include the impact of sentencing alternatives on state prison populations, the savings in state resources, and the impact on recidivism rates.
Sec. 475. RCW 9.94A.150 and 1992 c 145 s 8 are each amended to read as follows:
No person serving a sentence imposed pursuant to this chapter and committed to the custody of the department shall leave the confines of the correctional facility or be released prior to the expiration of the sentence except as follows:
(1) Except as otherwise provided for in subsection (2) of this section, the term of the sentence of an offender committed to a correctional facility operated by the department, may be reduced by earned early release time in accordance with procedures that shall be developed and promulgated by the correctional agency having jurisdiction in which the offender is confined. The earned early release time shall be for good behavior and good performance, as determined by the correctional agency having jurisdiction. The correctional agency shall not credit the offender with earned early release credits in advance of the offender actually earning the credits. Any program established pursuant to this section shall allow an offender to earn early release credits for presentence incarceration. If an offender is transferred from a county jail to the department of corrections, the county jail facility shall certify to the department the amount of time spent in custody at the facility and the amount of earned early release time. In the case of an offender convicted of a serious violent offense or a sex offense that is a class A felony committed on or after July 1, 1990, the aggregate earned early release time may not exceed fifteen percent of the sentence. In no other case shall the aggregate earned early release time exceed one-third of the total sentence;
(2) A person convicted of a sex offense or an offense categorized as a serious violent offense, assault in the second degree, assault of a child in the second degree, any crime against a person where it is determined in accordance with RCW 9.94A.125 that the defendant or an accomplice was armed with a deadly weapon at the time of commission, or any felony offense under chapter 69.50 or 69.52 RCW may become eligible, in accordance with a program developed by the department, for transfer to community custody status in lieu of earned early release time pursuant to subsection (1) of this section;
(3) An offender may leave a correctional facility pursuant to an authorized furlough or leave of absence. In addition, offenders may leave a correctional facility when in the custody of a corrections officer or officers;
(4) The governor, upon recommendation from the clemency and pardons board, may grant an extraordinary release for reasons of serious health problems, senility, advanced age, extraordinary meritorious acts, or other extraordinary circumstances;
(5) No more than the final six months of the sentence may be served in partial confinement designed to aid the offender in finding work and reestablishing ((him)) himself or herself in the community, except for offenders sentenced under section 473 of this act who have a standard range midpoint of twenty-four months or less in which case no more than the final three months of the sentence may be served in such partial confinement;
(6) The governor may pardon any offender;
(7) The department of corrections may release an offender from confinement any time within ten days before a release date calculated under this section; and
(8) An offender may leave a correctional facility prior to completion of his or her sentence if the sentence has been reduced as provided in RCW 9.94A.160.
Sec. 476. RCW 10.31.100 and 1993 c 209 s 1 and 1993 c 128 s 5 are each reenacted and amended to read as follows:
A police officer having probable cause to believe that a person has committed or is committing a felony shall have the authority to arrest the person without a warrant. A police officer may arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the presence of the officer, except as provided in subsections (1) through (10) of this section.
(1) Any police officer having probable cause to believe that a person has committed or is committing a misdemeanor or gross misdemeanor, involving physical harm or threats of harm to any person or property or the unlawful taking of property or involving the use or possession of cannabis, or involving the acquisition, possession, or consumption of alcohol by a person under the age of twenty-one years under RCW 66.44.270 shall have the authority to arrest the person.
(2) A police officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:
(a) An order has been issued of which the person has knowledge under RCW 10.99.040(2), 10.99.050, 26.09.060, 26.44.063, chapter 26.26 RCW, or chapter 26.50 RCW restraining the person and the person has violated the terms of the order restraining the person from acts or threats of violence or excluding the person from a residence or, in the case of an order issued under RCW 26.44.063, imposing any other restrictions or conditions upon the person; or
(b) The person is eighteen years or older and within the preceding four hours has assaulted that person's spouse, former spouse, or a person eighteen years or older with whom the person resides or has formerly resided and the officer believes: (i) A felonious assault has occurred; (ii) an assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not; or (iii) that any physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death. Bodily injury means physical pain, illness, or an impairment of physical condition. When the officer has probable cause to believe that spouses, former spouses, or other persons who reside together or formerly resided together have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the primary physical aggressor. In making this determination, the officer shall make every reasonable effort to consider: (i) The intent to protect victims of domestic violence under RCW 10.99.010; (ii) the comparative extent of injuries inflicted or serious threats creating fear of physical injury; and (iii) the history of domestic violence between the persons involved.
(3) Any police officer having probable cause to believe that a person has committed or is committing a violation of any of the following traffic laws shall have the authority to arrest the person:
(a) RCW 46.52.010, relating to duty on striking an unattended car or other property;
(b) RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;
(c) RCW 46.61.500 or 46.61.530, relating to reckless driving or racing of vehicles;
(d) RCW 46.61.502 or 46.61.504, relating to persons under the influence of intoxicating liquor or drugs;
(e) RCW 46.20.342, relating to driving a motor vehicle while operator's license is suspended or revoked;
(f) RCW 46.61.525, relating to operating a motor vehicle in a negligent manner.
(4) A law enforcement officer investigating at the scene of a motor vehicle accident may arrest the driver of a motor vehicle involved in the accident if the officer has probable cause to believe that the driver has committed in connection with the accident a violation of any traffic law or regulation.
(5) Any police officer having probable cause to believe that a person has committed or is committing a violation of RCW ((88.12.100)) 88.12.025 shall have the authority to arrest the person.
(6) An officer may act upon the request of a law enforcement officer in whose presence a traffic infraction was committed, to stop, detain, arrest, or issue a notice of traffic infraction to the driver who is believed to have committed the infraction. The request by the witnessing officer shall give an officer the authority to take appropriate action under the laws of the state of Washington.
(7) Any police officer having probable cause to believe that a person has committed or is committing any act of indecent exposure, as defined in RCW 9A.88.010, may arrest the person.
(8) A police officer may arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that an order has been issued of which the person has knowledge under chapter 10.14 RCW and the person has violated the terms of that order.
(9) Any police officer having probable cause to believe that a person has, within twenty-four hours of the alleged violation, committed a violation of RCW 9A.50.020 may arrest such person.
(10) A police officer having probable cause to believe that a person illegally possesses or illegally has possessed a ((firearm or other dangerous)) deadly weapon as defined in RCW 9A.04.110 on private or public elementary or secondary school premises shall have the authority to arrest the person.
((For purposes of this subsection, the term "firearm" has the meaning defined in RCW 9.41.010 and the term "dangerous weapon" has the meaning defined in RCW 9.41.250 and 9.41.280(1) (c) through (e).))
(11) Except as specifically provided in subsections (2), (3), (4), and (6) of this section, nothing in this section extends or otherwise affects the powers of arrest prescribed in Title 46 RCW.
(12) No police officer may be held criminally or civilly liable for making an arrest pursuant to RCW 10.31.100 (2) or (8) if the police officer acts in good faith and without malice.
Sec. 477. RCW 10.99.030 and 1993 c 350 s 3 are each amended to read as follows:
(1) All training relating to the handling of domestic violence complaints by law enforcement officers shall stress enforcement of criminal laws in domestic situations, availability of community resources, and protection of the victim. Law enforcement agencies and community organizations with expertise in the issue of domestic violence shall cooperate in all aspects of such training.
(2) The primary duty of peace officers, when responding to a domestic violence situation, is to enforce the laws allegedly violated and to protect the complaining party.
(3)(a) When a peace officer responds to a domestic violence call and has probable cause to believe that a crime has been committed, the peace officer shall exercise arrest powers with reference to the criteria in RCW 10.31.100. The officer shall notify the victim of the victim's right to initiate a criminal proceeding in all cases where the officer has not exercised arrest powers or decided to initiate criminal proceedings by citation or otherwise. The parties in such cases shall also be advised of the importance of preserving evidence.
(b) A peace officer responding to a domestic violence call shall take a complete offense report including the officer's disposition of the case.
(4) When a peace officer responds to a domestic violence call, the officer shall advise victims of all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community, and giving each person immediate notice of the legal rights and remedies available. The notice shall include handing each person a copy of the following statement:
"IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the city or county prosecuting attorney to file a criminal complaint. You also have the right to file a petition in superior, district, or municipal court requesting an order for protection from domestic abuse which could include any of the following: (a) An order restraining your abuser from further acts of abuse; (b) an order directing your abuser to leave your household; (c) an order preventing your abuser from entering your residence, school, business, or place of employment; (d) an order awarding you or the other parent custody of or visitation with your minor child or children; and (e) an order restraining your abuser from molesting or interfering with minor children in your custody. The forms you need to obtain a protection order are available in any municipal, district, or superior court.
Information about shelters and alternatives to domestic violence is available from a state-wide twenty-four-hour toll-free hotline at 1-800-562-6025. The battered women's shelter and other resources in your area are . . . . . (include local information)"
(5) The peace officer may offer, arrange, or facilitate transportation for the victim to a hospital for treatment of injuries or to a place of safety or shelter.
(6) The law enforcement agency shall forward the offense report to the appropriate prosecutor within ten days of making such report if there is probable cause to believe that an offense has been committed, unless the case is under active investigation.
(7) Each law enforcement agency shall make as soon as practicable a written record and shall maintain records of all incidents of domestic violence reported to it.
(8) Records kept pursuant to subsections (3) and (7) of this section shall be made identifiable by means of a departmental code for domestic violence.
(9) Commencing January 1, 1994, records of incidents of domestic violence shall be submitted, in accordance with procedures described in this subsection, to the Washington association of sheriffs and police chiefs by all law enforcement agencies. The Washington criminal justice training commission shall amend its contract for collection of state-wide crime data with the Washington association of sheriffs and police chiefs:
(a) To include a table, in the annual report of crime in Washington produced by the Washington association of sheriffs and police chiefs pursuant to the contract, showing the total number of actual offenses and the number and percent of the offenses that are domestic violence incidents for the following crimes: (i) Criminal homicide, with subtotals for murder and nonnegligent homicide and manslaughter by negligence; (ii) forcible rape, with subtotals for rape by force and attempted forcible rape; (iii) robbery, with subtotals for firearm, knife or cutting instrument, or other ((dangerous)) deadly weapon as defined in RCW 9A.04.110, and strongarm robbery; (iv) assault, with subtotals for firearm, knife or cutting instrument, other ((dangerous)) deadly weapon, hands, feet, aggravated, and other nonaggravated assaults; (v) burglary, with subtotals for forcible entry, nonforcible unlawful entry, and attempted forcible entry; (vi) larceny theft, except motor vehicle theft; (vii) motor vehicle theft, with subtotals for autos, trucks and buses, and other vehicles; and (viii) arson;
(b) To require that the table shall continue to be prepared and contained in the annual report of crime in Washington until that time as comparable or more detailed information about domestic violence incidents is available through the Washington state incident based reporting system and the information is prepared and contained in the annual report of crime in Washington; and
(c) To require that, in consultation with interested persons, the Washington association of sheriffs and police chiefs prepare and disseminate procedures to all law enforcement agencies in the state as to how the agencies shall code and report domestic violence incidents to the Washington association of sheriffs and police chiefs.
NEW SECTION. Sec. 478. A new section is added to chapter 13.06 RCW to read as follows:
(1) The director of the division of juvenile rehabilitation and the several school districts within which there is located a residential school shall develop and implement a job skills training program as part of the division's and the districts' overall treatment and educational responsibilities to juvenile offenders in all residential schools. The program shall provide youth with skills necessary to locate, compete for, and maintain employment in demand occupations. In operating the program the director and the several school districts shall:
(a) Assure that educational programs offered are occupationally based and provide a wide range of prevocational skills necessary to career development;
(b) Assure that vocational skills obtained in the classroom and in school are transferable to the emerging labor market;
(c) Assure that basic skill offerings include remedial and advanced skills in workplace communication, negotiation, teamwork, and problem solving;
(d) Develop a system-wide process for evaluating all youth on the basis of self-management skills, employability skills, and life skills;
(e) Work with the office of the superintendent of public instruction to assure that credit is awarded toward high school completion for documented performance gains and vocational skill acquisition in addition to traditional or standard academic credit awarded for completion hours;
(f) Work with local business organizations to provide information and career awareness to youth in all facilities; and
(g) Provide institutional work experience opportunities and programs that are coordinated with educational programs to reinforce learning and application of skills.
(2) The director and the several school districts shall consult with the employment security department, the office of the superintendent of public instruction, and the work force training and education coordinating board on the design, implementation, coordination, and management of the program.
(3) The director shall ensure that all facility counselors are trained in the area of youth employment skills assessment and development.
NEW SECTION. Sec. 479. The legislature is making the change of "dangerous weapon" to "deadly weapon" solely to make consistent use of terminology. No substantive change in sentencing or the element of any criminal offense is intended.
NEW SECTION. Sec. 480. RCW 9.41.160 shall be recodified within chapter 9.41 RCW to follow RCW 9.41.310.
NEW SECTION. Sec. 481. The following acts or parts of acts are each repealed:
(1) RCW 9.41.030 and 1935 c 172 s 3;
(2) RCW 9.41.093 and 1969 ex.s. c 227 s 2;
(3) RCW 9.41.100 and 1935 c 172 s 10;
(4) RCW 9.41.130 and 1935 c 172 s 13;
(5) RCW 9.41.200 and 1989 c 231 s 2 & 1933 c 64 s 2;
(6) RCW 9.41.210 and 1933 c 64 s 3; and
(7) RCW 9.41.230 and 1909 c 249 s 307 & 1888 p 100 ss 2, 3.
PART V. EDUCATION
Sec. 501. RCW 28A.300.130 and 1993 c 336 s 501 are each amended to read as follows:
(1) Expanding activity in educational research, educational restructuring, and educational improvement initiatives has produced and continues to produce much valuable information. The legislature finds that such information should be shared with the citizens and educational community of the state as widely as possible. To facilitate access to information and materials on educational improvement and research, the superintendent of public instruction, to the extent funds are appropriated, shall establish the center for the improvement of student learning. The primary purpose of the center is to provide assistance and advice to parents, school board members, educators, and the public regarding strategies for assisting students in learning the essential academic learning requirements pursuant to RCW 28A.630.885. The center shall work in conjunction with the commission on student learning, educational service districts, and institutions of higher education.
(2) The center shall:
(a) Serve as a clearinghouse for the completed work and activities of the commission on student learning;
(b) Serve as a clearinghouse for information regarding successful educational restructuring and parental involvement programs in schools and districts, and information about efforts within institutions of higher education in the state to support educational restructuring initiatives in Washington schools and districts;
(c) Provide best practices research and advice that can be used to help schools develop and implement: School improvement plans; school-based shared decision-making models; programs to promote lifelong learning and community involvement in education; school-to-work transition programs; programs to meet the needs of highly capable students; programs to meet the diverse needs of students based on gender, racial, ethnic, economic, and special needs status; in-service or curriculum programs regarding violence prevention; and other programs that will assist educators in helping students learn the essential academic learning requirements;
(d) Develop and distribute, in conjunction with the commission on student learning, parental involvement materials, including instructional guides developed to inform parents of the essential academic learning requirements. The instructional guides also shall contain actions parents may take to assist their children in meeting the requirements, and should focus on reaching parents who have not previously been involved with their children's education;
(e) Identify obstacles to greater parent and community involvement in school shared decision-making processes and recommend strategies for helping parents and community members to participate effectively in school shared decision-making processes, including understanding and respecting the roles of school building administrators and staff;
(f) Take other actions to increase public awareness of the importance of parental and community involvement in education;
(g) Work with appropriate organizations to inform teachers, district and school administrators, and school directors about the waivers available under RCW 28A.305.140 and the broadened school board powers under RCW 28A.320.015;
(h) Provide training and consultation services, including in-service training on violence prevention, and promote interagency sharing of information on violence prevention programs and model violence prevention curricula;
(i) Address methods for improving the success rates of certain ethnic and racial student groups; and
(j) Perform other functions consistent with the purpose of the center as prescribed in subsection (1) of this section.
(3) The superintendent of public instruction, after consultation with the commission on student learning, shall select and employ a director for the center.
(4) The superintendent may enter into contracts with individuals or organizations including but not limited to: School districts; teachers; higher education faculty; institutions of higher education; state agencies; business or community-based organizations; and other individuals and organizations to accomplish the duties and responsibilities of the center. The superintendent shall contract out with community-based organizations to meet the provisions of subsection (2) (d) and (e) of this section. In carrying out the duties and responsibilities of the center, the superintendent, whenever possible, shall use practitioners to assist agency staff as well as assist educators and others in schools and districts.
(5) The superintendent shall report annually to the commission on student learning on the activities of the center.
NEW SECTION. Sec. 502. A new section is added to chapter 28A.310 RCW to read as follows:
The educational service districts, in meeting the core service requirement of in-service training and workshops under RCW 28A.310.350(5), shall provide to school districts, on a request basis, in-service training on violence prevention.
Sec. 503. RCW 28A.320.205 and 1993 c 336 s 1006 are each amended to read as follows:
(1) Beginning with the 1994-95 school year, to provide the local community and electorate with access to information on the educational programs in the schools in the district, each school shall publish annually a school performance report and deliver the report to each parent with children enrolled in the school and make the report available to the community served by the school. The annual performance report shall be in a form that can be easily understood and be used by parents, guardians, and other members of the community who are not professional educators to make informed educational decisions. As data from the assessments in RCW 28A.630.885 becomes available, the annual performance report should enable parents, educators, and school board members to determine whether students in the district's schools are attaining mastery of the student learning goals under RCW 28A.150.210, and other important facts about the schools' performance in assisting students to learn. The annual report shall make comparisons to a school's performance in preceding years and shall project goals in performance categories.
(2) The annual performance report shall include, but not be limited to: A brief statement of the mission of the school and the school district; enrollment statistics including student demographics; expenditures per pupil for the school year; a summary of student scores on all mandated tests; a concise annual budget report; student attendance, graduation, and dropout rates; information regarding the use and condition of the school building or buildings; a brief description of the restructuring plan for the school; violence data based on department of health violence data collection standards; and an invitation to all parents and citizens to participate in school activities.
(3) The superintendent of public instruction shall develop by June 30, 1994, a model report form, which shall also be adapted for computers, that schools may use to meet the requirements of subsections (1) and (2) of this section.
NEW SECTION. Sec. 504. A new section is added to chapter 28A.405 RCW to read as follows:
To receive initial certification as a teacher in this state after August 31, 1995, an applicant shall have successfully completed a course or course work on violence prevention awareness and training. Such course or course work may be incorporated into the requirements of RCW 28A.405.025 regarding completion of a course on issues of abuse.
Sec. 505. RCW 28A.610.030 and 1990 c 33 s 507 are each amended to read as follows:
(1) The superintendent of public instruction, in consultation with the department of community, trade, and economic development, the department of social and health services, the state board for community and technical colleges ((education)), and community-based, nonprofit providers of adult literacy services, shall develop an adult literacy program to serve eligible parents as defined under RCW 28A.610.020. The program shall give priority to serving parents with children who have not yet enrolled in school or are in grades kindergarten through three.
(2) In addition to providing basic skills instruction to eligible parents, the program shall include violence prevention awareness and training and may include other program components which may include transportation, child care, and such other directly necessary activities as may be necessary to accomplish the purposes of RCW 28A.610.020 through 28A.610.060.
(3) Parents who elect to participate in training or work programs, as a condition of receiving public assistance, shall have the hours spent in parent participation programs, conducted as part of a federal head start program, or the state early childhood education and assistance program under RCW 28A.215.100 through 28A.215.200 and 28A.215.900 through 28A.215.908, or parent literacy programs under RCW 28A.610.020 through 28A.610.060, counted toward the fulfillment of their work and training obligation for the receipt of public assistance.
(4) State funds as may be appropriated for project even start shall be used solely to expand and complement, but not supplant, federal funds for adult literary programs.
(5) The superintendent of public instruction shall adopt rules as necessary to carry out the purposes of RCW 28A.610.020 through 28A.610.060.
Sec. 506. RCW 28A.610.060 and 1987 c 518 s 109 are each amended to read as follows:
The superintendent of public instruction, through the ((state clearinghouse for education information)) center for the improvement of student learning, shall collect and disseminate to all school districts and other interested parties information about effective parent literacy programs under project even start.
Sec. 507. RCW 28A.620.020 and 1985 c 344 s 2 are each amended to read as follows:
Notwithstanding the provisions of RCW 28B.50.250, 28B.50.530 or any other law, rule, or regulation, any school district is authorized and encouraged to provide community education programs in the form of instructional, recreational and/or service programs on a noncredit and nontuition basis, excluding fees for supplies, materials, or instructor costs, for the purpose of stimulating the full educational potential and meeting the needs of the district's residents of all ages, and making the fullest use of the district's school facilities: PROVIDED, That school districts are encouraged to provide programs for prospective parents, prospective foster parents, and prospective adoptive parents on parenting skills, violence prevention, and on the problems of child abuse and methods to avoid child abuse situations: PROVIDED FURTHER, That community education programs shall be consistent with rules and regulations promulgated by the state superintendent of public instruction governing cooperation between common schools, community college districts, and other civic and governmental organizations which shall have been developed in cooperation with the state board for community and technical colleges ((education)) and shall be programs receiving the approval of said superintendent.
Sec. 508. RCW 28A.630.885 and 1993 c 336 s 202 and 1993 c 334 s 1 are each reenacted and amended to read as follows:
(1) The Washington commission on student learning is hereby established. The primary purposes of the commission are to identify the knowledge and skills all public school students need to know and be able to do based on the student learning goals in RCW 28A.150.210, to develop student assessment and school accountability systems, and to take other steps necessary to develop a performance-based education system. The commission shall include three members of the state board of education, three members appointed by the governor before July 1, 1992, and five members appointed no later than June 1, 1993, by the governor elected in the November 1992 election. The governor shall appoint a chair from the commission members, and fill any vacancies in gubernatorial appointments that may occur. The state board of education shall fill any vacancies of state board of education appointments that may occur. In making the appointments, educators, business leaders, and parents shall be represented, and nominations from state-wide education, business, and parent organizations shall be requested. Efforts shall be made to ensure that the commission reflects the racial and ethnic diversity of the state's K-12 student population and that the major geographic regions in the state are represented. Appointees shall be qualified individuals who are supportive of educational restructuring, who have a positive record of service, and who will devote sufficient time to the responsibilities of the commission to ensure that the objectives of the commission are achieved.
(2) The commission shall establish advisory committees. Membership of the advisory committees shall include, but not necessarily be limited to, professionals from the office of the superintendent of public instruction and the state board of education, and other state and local educational practitioners and student assessment specialists.
(3) The commission, with the assistance of the advisory committees, shall:
(a) Develop essential academic learning requirements based on the student learning goals in RCW 28A.150.210. Essential academic learning requirements shall be developed, to the extent possible, for each of the student learning goals in RCW 28A.150.210. Goals one and two shall be considered primary. Essential academic learning requirements for RCW 28A.150.210(1), goal one, and the mathematics component of RCW 28A.150.210(2), goal two, shall be completed no later than March 1, 1995. Essential academic learning requirements that incorporate the remainder of RCW 28A.150.210 (2), (3), and (4), goals two, three, and four, shall be completed no later than March 1, 1996. To the maximum extent possible, the commission shall integrate goal four and the knowledge and skill areas in the other goals in the development of the essential academic learning requirements;
(b)(i) The commission shall present to the state board of education and superintendent of public instruction a state-wide academic assessment system for use in the elementary, middle, and high school years designed to determine if each student has mastered the essential academic learning requirements identified in (a) of this subsection. The academic assessment system shall include a variety of assessment methods, including performance-based measures that are criterion-referenced. Performance standards for determining if a student has successfully completed an assessment shall be initially determined by the commission in consultation with the advisory committees required in subsection (2) of this section.
(ii) The assessment system shall be designed so that the results under the assessment system are used by educators as tools to evaluate instructional practices, and to initiate appropriate educational support for students who have not mastered the essential academic learning requirements at the appropriate periods in the student's educational development.
(iii) Assessments measuring the essential academic learning requirements developed for RCW 28A.150.210(1), goal one, and the mathematics component of RCW 28A.150.210(2), goal two, shall be initially implemented by the state board of education and superintendent of public instruction no later than the 1996-97 school year, unless the legislature takes action to delay or prevent implementation of the assessment system and essential academic learning requirements. Assessments measuring the essential academic learning requirements developed for RCW 28A.150.210 (2), (3), and (4), goals two, three, and four, shall be initially implemented by the state board of education and superintendent of public instruction no later than the 1997-98 school year, unless the legislature takes action to delay or prevent implementation of the assessment system and essential academic learning requirements. To the maximum extent possible, the commission shall integrate knowledge and skill areas in development of the assessments.
(iv) Before the 2000-2001 school year, participation by school districts in the assessment system shall be optional. School districts that desire to participate before the 2000-2001 school year shall notify the superintendent of public instruction in a manner determined by the superintendent. Beginning in the 2000-2001 school year, all school districts shall be required to participate in the assessment system.
(v) The state board of education and superintendent of public instruction may modify the essential academic learning requirements and academic assessment system, as needed, in subsequent school years.
(vi) The commission shall develop assessments that are directly related to the essential academic learning requirements, and are not biased toward persons with different learning styles, racial or ethnic backgrounds, or on the basis of gender;
(c) After a determination is made by the state board of education that the high school assessment system has been implemented and that it is sufficiently reliable and valid, successful completion of the high school assessment shall lead to a certificate of mastery. The certificate of mastery shall be obtained by most students at about the age of sixteen, and is evidence that the student has successfully mastered the essential academic learning requirements during his or her educational career. The certificate of mastery shall be required for graduation but shall not be the only requirement for graduation. The commission shall make recommendations to the state board of education regarding the relationship between the certificate of mastery and high school graduation requirements. Upon achieving the certificate of mastery, schools shall provide students with the opportunity to continue to pursue career and educational objectives through educational pathways that emphasize integration of academic and vocational education. Educational pathways may include, but are not limited to, programs such as work-based learning, school-to-work transition, tech prep, vocational-technical education, running start, and preparation for technical college, community college, or university education;
(d) Consider methods to address the unique needs of special education students when developing the assessments in (b) and (c) of this subsection;
(e) Consider methods to address the unique needs of highly capable students when developing the assessments in (b) and (c) of this subsection;
(f) Develop recommendations on the time, support, and resources, including technical assistance, needed by schools and school districts to help students achieve the essential academic learning requirements. These recommendations shall include an estimate for the legislature, superintendent of public instruction, and governor on the expected cost of implementing the academic assessment system;
(g) Develop recommendations for consideration by the higher education coordinating board for adopting college and university entrance requirements for public school students that are consistent with the essential academic learning requirements and the certificate of mastery;
(h) By December 1, 1998, recommend to the legislature, governor, state board of education, and superintendent of public instruction:
(i) A state-wide accountability system to monitor and evaluate accurately and fairly the level of learning occurring in individual schools and school districts. The accountability system shall be designed to recognize the characteristics of the student population of schools and school districts such as gender, race, ethnicity, socioeconomic status, and other factors. The system shall include school-site, school district, and state-level accountability reports;
(ii) A school assistance program to help schools and school districts that are having difficulty helping students meet the essential academic learning requirements;
(iii) A system to intervene in schools and school districts in which significant numbers of students persistently fail to learn the essential academic learning requirements; and
(iv) An awards program to provide incentives to school staff to help their students learn the essential academic learning requirements, with each school being assessed individually against its own baseline. Incentives shall be based on the rate of percentage change of students achieving the essential academic learning requirements. School staff shall determine how the awards will be spent.
The recommended awards, assistance, and intervention programs shall include violence indicators or standards as part of the criteria for determining the status of a school to receive an award or assistance, or be subject to intervention.
It is the intent of the legislature to begin implementation of programs in this subsection (3)(h) on September 1, 2000;
(i) Report annually by December 1st to the legislature, the governor, the superintendent of public instruction, and the state board of education on the progress, findings, and recommendations of the commission; and
(j) Make recommendations to the legislature and take other actions necessary or desirable to help students meet the student learning goals.
(4) The commission shall coordinate its activities with the state board of education and the office of the superintendent of public instruction.
(5) The commission shall seek advice broadly from the public and all interested educational organizations in the conduct of its work, including holding periodic regional public hearings.
(6) The commission shall select an entity to provide staff support and the office of the superintendent of public instruction shall provide administrative oversight and be the fiscal agent for the commission. The commission may direct the office of the superintendent of public instruction to enter into subcontracts, within the commission's resources, with school districts, teachers, higher education faculty, state agencies, business organizations, and other individuals and organizations to assist the commission in its deliberations.
(7) Members of the commission shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 509. A new section is added to chapter 70.190 RCW to read as follows:
The community public health and safety networks, based on rules adopted by the department of health, may include in its comprehensive community plans procedures for providing matching grants to school districts to support expanded use of school facilities for after-hours recreational opportunities and day care as authorized under chapter 28A.215 RCW and RCW 28A.620.010.
Sec. 510. RCW 9A.36.031 and 1990 c 236 s 1 are each amended to read as follows:
(1) A person is guilty of assault in the third degree if he or she, under circumstances not amounting to assault in the first or second degree:
(a) With intent to prevent or resist the execution of any lawful process or mandate of any court officer or the lawful apprehension or detention of himself or herself or another person, assaults another; or
(b) Assaults a person employed as a transit operator or driver by a public or private transit company while that person is operating or is in control of a vehicle that is owned or operated by the transit company and that is occupied by one or more passengers; or
(c) Assaults a school bus driver employed by a school district or a private company under contract for transportation services with a school district while the driver is operating or is in control of a school bus that is occupied by one or more passengers; or
(d) With criminal negligence, causes bodily harm to another person by means of a weapon or other instrument or thing likely to produce bodily harm; or
(e) Assaults a fire fighter or other employee of a fire department or fire protection district who was performing his or her official duties at the time of the assault; or
(f) With criminal negligence, causes bodily harm accompanied by substantial pain that extends for a period sufficient to cause considerable suffering; or
(g) Assaults a law enforcement officer or other employee of a law enforcement agency who was performing his or her official duties at the time of the assault; or
(h) Assaults a certificated staff member, classified staff member not included under (c) of this subsection, or a volunteer, of a preschool through twelfth grade school, who was performing his or her assigned duties at the time of the assault; or
(i) Assaults a referee, umpire, judge, manager, coach, or volunteer of an organized physical activity or sporting event, either during or immediately following the activity or event.
(2) Assault in the third degree is a class C felony.
Sec. 511. 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
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $ 33,106,000
Public Safety and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .$ 338,000
Violence Reduction and Drug Enforcement
((and Education)) Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Appropriation. . . . . . . . . . . . . . . . .. . . . . $ 3,197,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 71,055,000
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 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.
(2) STATE-WIDE PROGRAMS
(a) $100,000 of the general fund--state appropriation is provided for state-wide curriculum development.
(b) $62,000 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 violence reduction and 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, metal detectors, or other security 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.
Sec. 512. RCW 28A.600.475 and 1992 c 205 s 120 are each amended to read as follows:
(1) School districts may participate in the exchange of information with law enforcement and juvenile court officials to the extent permitted by the family educational and privacy rights act of 1974, 20 U.S.C. Sec. 1232g. When directed by court order or pursuant to ((any)) a lawfully issued subpoena, a school district shall make student records and information available to law enforcement officials, probation officers, court personnel, and others legally entitled to the information. Parents and students shall be notified by the school district of all ((such)) orders or subpoenas in advance of compliance with them.
(2) The social file, diversion record, police contact record, and arrest record of a student may be made available to a school district if the records are requested by the principal or school counselor. Use of the records is restricted to the principal, the school counselor, or a teacher or teachers identified by the principal as necessary for the provision of additional services to the student. The records may only be used to identify and facilitate those services offered through the school district that would be of benefit to the student. The student's records shall be made available to the school district under the provisions of this chapter, section 519 of this act, and chapter 13.50 RCW unless a parent or guardian provides, prior to the release of the records, a written statement indicating which records shall remain confidential until such further written release. School districts shall provide written notice of this section to parents or guardians at the time of enrollment of a student.
Sec. 513. RCW 13.50.050 and 1992 c 188 s 7 are each amended to read as follows:
(1) This section governs records relating to the commission of juvenile offenses, including records relating to diversions.
(2) The official juvenile court file of any alleged or proven juvenile offender shall be open to public inspection, unless sealed pursuant to subsection (11) of this section.
(3) All records other than the official juvenile court file are confidential and may be released only as provided in this section, RCW 13.50.010, 13.40.215, and 4.24.550.
(4) Except as otherwise provided in this section and RCW 13.50.010, records retained or produced by any juvenile justice or care agency may be released to other participants in the juvenile justice or care system only when an investigation or case involving the juvenile in question is being pursued by the other participant or when that other participant is assigned the responsibility for supervising the juvenile.
(5) Except as provided in RCW 4.24.550 or 28A.600.475, information not in an official juvenile court file concerning a juvenile or a juvenile's family may be released to the public only when that information could not reasonably be expected to identify the juvenile or the juvenile's family.
(6) Notwithstanding any other provision of this chapter, the release, to the juvenile or his or her attorney, of law enforcement and prosecuting attorneys' records pertaining to investigation, diversion, and prosecution of juvenile offenses shall be governed by the rules of discovery and other rules of law applicable in adult criminal investigations and prosecutions.
(7) The juvenile court and the prosecutor may set up and maintain a central record-keeping system which may receive information on all alleged juvenile offenders against whom a complaint has been filed pursuant to RCW 13.40.070 whether or not their cases are currently pending before the court. The central record-keeping system may be computerized. If a complaint has been referred to a diversion unit, the diversion unit shall promptly report to the juvenile court or the prosecuting attorney when the juvenile has agreed to diversion. An offense shall not be reported as criminal history in any central record-keeping system without notification by the diversion unit of the date on which the offender agreed to diversion.
(8) Upon request of the victim of a crime or the victim's immediate family, the identity of an alleged or proven juvenile offender alleged or found to have committed a crime against the victim and the identity of the alleged or proven juvenile offender's parent, guardian, or custodian and the circumstance of the alleged or proven crime shall be released to the victim of the crime or the victim's immediate family.
(9) Subject to the rules of discovery applicable in adult criminal prosecutions, the juvenile offense records of an adult criminal defendant or witness in an adult criminal proceeding shall be released upon request to prosecution and defense counsel after a charge has actually been filed. The juvenile offense records of any adult convicted of a crime and placed under the supervision of the adult corrections system shall be released upon request to the adult corrections system.
(10) In any case in which an information has been filed pursuant to RCW 13.40.100 or a complaint has been filed with the prosecutor and referred for diversion pursuant to RCW 13.40.070, the person the subject of the information or complaint may file a motion with the court to have the court vacate its order and findings, if any, and, subject to subsection (24) of this section, order the sealing of the official juvenile court file, the social file, and records of the court and of any other agency in the case.
(11) The court shall grant the motion to seal records made pursuant to subsection (10) of this section if it finds that:
(a) Two years have elapsed from the later of: (i) Final discharge of the person from the supervision of any agency charged with supervising juvenile offenders; or (ii) from the entry of a court order relating to the commission of a juvenile offense or a criminal offense;
(b) No proceeding is pending against the moving party seeking the conviction of a juvenile offense or a criminal offense; and
(c) No proceeding is pending seeking the formation of a diversion agreement with that person.
(12) The person making a motion pursuant to subsection (10) of this section shall give reasonable notice of the motion to the prosecution and to any person or agency whose files are sought to be sealed.
(13) If the court grants the motion to seal made pursuant to subsection (10) of this section, it shall, subject to subsection (24) of this section, order sealed the official juvenile court file, the social file, and other records relating to the case as are named in the order. Thereafter, the proceedings in the case shall be treated as if they never occurred, and the subject of the records may reply accordingly to any inquiry about the events, records of which are sealed. Any agency shall reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual.
(14) Inspection of the files and records included in the order to seal may thereafter be permitted only by order of the court upon motion made by the person who is the subject of the information or complaint, except as otherwise provided in RCW 13.50.010(8) and subsection (24) of this section.
(15) Any adjudication of a juvenile offense or a crime subsequent to sealing has the effect of nullifying the sealing order. Any conviction for any adult felony subsequent to the sealing has the effect of nullifying the sealing order for the purposes of chapter 9.94A RCW for any juvenile adjudication of guilt for a class A offense or a sex offense as defined in RCW 9.94A.030.
(16) In any case in which an information has been filed pursuant to RCW 13.40.100 or a complaint has been filed with the prosecutor and referred for diversion pursuant to RCW 13.40.070, the person who is the subject of the information or complaint may file a motion with the court to have the court vacate its order and findings, if any, and, subject to subsection (24) of this section, order the destruction of the official juvenile court file, the social file, and records of the court and of any other agency in the case.
(17) The court may grant the motion to destroy records made pursuant to subsection (16) of this section if it finds:
(a) The person making the motion is at least twenty-three years of age;
(b) The person has not subsequently been convicted of a felony;
(c) No proceeding is pending against that person seeking the conviction of a criminal offense; and
(d) The person has never been found guilty of a serious offense.
(18) A person eighteen years of age or older whose criminal history consists of only one referral for diversion may request that the court order the records in that case destroyed. The request shall be granted, subject to subsection (24) of this section, if the court finds that two years have elapsed since completion of the diversion agreement.
(19) If the court grants the motion to destroy records made pursuant to subsection (16) or (18) of this section, it shall, subject to subsection (24) of this section, order the official juvenile court file, the social file, and any other records named in the order to be destroyed.
(20) The person making the motion pursuant to subsection (16) or (18) of this section shall give reasonable notice of the motion to the prosecuting attorney and to any agency whose records are sought to be destroyed.
(21) Any juvenile to whom the provisions of this section may apply shall be given written notice of his or her rights under this section at the time of his or her disposition hearing or during the diversion process.
(22) Nothing in this section may be construed to prevent a crime victim or a member of the victim's family from divulging the identity of the alleged or proven juvenile offender or his or her family when necessary in a civil proceeding.
(23) Any juvenile justice or care agency may, subject to the limitations in subsection (24) of this section and subparagraphs (a) and (b) of this subsection, develop procedures for the routine destruction of records relating to juvenile offenses and diversions.
(a) Records may be routinely destroyed only when the person the subject of the information or complaint has attained twenty-three years of age or older, or is eighteen years of age or older and his or her criminal history consists entirely of one diversion agreement and two years have passed since completion of the agreement.
(b) The court may not routinely destroy the official juvenile court file or recordings or transcripts of any proceedings.
(24) No identifying information held by the Washington state patrol in accordance with chapter 43.43 RCW is subject to destruction or sealing under this section. For the purposes of this subsection, identifying information includes photographs, fingerprints, palmprints, soleprints, toeprints and any other data that identifies a person by physical characteristics, name, birthdate or address, but does not include information regarding criminal activity, arrest, charging, diversion, conviction or other information about a person's treatment by the criminal justice system or about the person's behavior.
(25) Information identifying child victims under age eighteen who are victims of sexual assaults by juvenile offenders is confidential and not subject to release to the press or public without the permission of the child victim or the child's legal guardian. Identifying information includes the child victim's name, addresses, location, photographs, and in cases in which the child victim is a relative of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator. Information identifying a child victim of sexual assault may be released to law enforcement, prosecutors, judges, defense attorneys, or private or governmental agencies that provide services to the child victim of sexual assault.
Sec. 514. RCW 13.50.010 and 1993 c 374 s 1 are each amended to read as follows:
(1) For purposes of this chapter:
(a) "Juvenile justice or care agency" means any of the following: Police, diversion units, court, prosecuting attorney, defense attorney, detention center, attorney general, the department of social and health services and its contracting agencies, schools; and, in addition, persons or public or private agencies having children committed to their custody;
(b) "Official juvenile court file" means the legal file of the juvenile court containing the petition or information, motions, memorandums, briefs, findings of the court, and court orders;
(c) "Social file" means the juvenile court file containing the records and reports of the probation counselor;
(d) "Records" means the official juvenile court file, the social file, and records of any other juvenile justice or care agency in the case.
(2) Each petition or information filed with the court may include only one juvenile and each petition or information shall be filed under a separate docket number. The social file shall be filed separately from the official juvenile court file.
(3) It is the duty of any juvenile justice or care agency to maintain accurate records. To this end:
(a) The agency may never knowingly record inaccurate information. Any information in records maintained by the department of social and health services relating to a petition filed pursuant to chapter 13.34 RCW that is found by the court, upon proof presented, to be false or inaccurate shall be corrected or expunged from such records by the agency;
(b) An agency shall take reasonable steps to ((insure)) assure the security of its records and prevent tampering with them; and
(c) An agency shall make reasonable efforts to insure the completeness of its records, including action taken by other agencies with respect to matters in its files.
(4) Each juvenile justice or care agency shall implement procedures consistent with the provisions of this chapter to facilitate inquiries concerning records.
(5) Any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency and who has been denied access to those records by the agency may make a motion to the court for an order authorizing that person to inspect the juvenile justice or care agency record concerning that person. The court shall grant the motion to examine records unless it finds that in the interests of justice or in the best interests of the juvenile the records or parts of them should remain confidential.
(6) A juvenile, or his or her parents, or any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency may make a motion to the court challenging the accuracy of any information concerning the moving party in the record or challenging the continued possession of the record by the agency. If the court grants the motion, it shall order the record or information to be corrected or destroyed.
(7) The person making a motion under subsection (5) or (6) of this section shall give reasonable notice of the motion to all parties to the original action and to any agency whose records will be affected by the motion.
(8) The court may permit inspection of records by, or release of information to, any clinic, hospital, or agency which has the subject person under care or treatment, or to individuals or agencies engaged in legitimate research for educational, scientific, or public purposes. The court may also permit inspection of, or release of information from, records which have been sealed pursuant to RCW 13.50.050(11). Access to records or information for research purposes shall be permitted only if the anonymity of all persons mentioned in the records or information will be preserved. Each person granted permission to inspect juvenile justice or care agency records for research purposes shall present a notarized statement to the court stating that the names of juveniles and parents will remain confidential.
(9) Juvenile detention facilities shall release records to the juvenile disposition standards commission under RCW 13.40.025 upon request. The commission shall not disclose the names of any juveniles or parents mentioned in the records without the named individual's written permission.
NEW SECTION. Sec. 515. The state board of education shall conduct a study to identify possible incentives to encourage schools to increase the space that is available for after-hours community use. The board shall examine incentives for both existing school facilities and for new construction. The board shall report its findings and recommendations to the legislature by November 15, 1994.
NEW SECTION. Sec. 516. A new section is added to chapter 28A.600 RCW to read as follows:
When a school transfers a student's transcript to a new school, it may also transfer the student's attendance records, records of unpaid fines or property damage, and any disciplinary records, including records relating to the facts resulting in any expulsions. The student's parent shall be given the opportunity to review all such records before the transfer.
Sec. 517. RCW 28A.190.030 and 1990 c 33 s 172 are each amended to read as follows:
Each school district within which there is located a residential school shall, singly or in concert with another school district pursuant to RCW 28A.335.160 and 28A.225.250 or pursuant to chapter 39.34 RCW, conduct a program of education, including the job skills training program created in section 478 of this act and related student activities, for residents of the residential school. Except as otherwise provided for by contract pursuant to RCW 28A.190.050, the duties and authority of a school district and its employees to conduct such a program shall be limited to the following:
(1) The employment, supervision and control of administrators, teachers, specialized personnel and other persons, deemed necessary by the school district for the conduct of the program of education;
(2) The purchase, lease or rental and provision of textbooks, maps, audio-visual equipment, paper, writing instruments, physical education equipment and other instructional equipment, materials and supplies, deemed necessary by the school district for the conduct of the program of education;
(3) The development and implementation, in consultation with the superintendent or chief administrator of the residential school or his or her designee, of the curriculum;
(4) The conduct of a program of education, including related student activities, for residents who are three years of age and less than twenty-one years of age, and have not met high school graduation requirements as now or hereafter established by the state board of education and the school district which includes:
(a) Not less than one hundred and eighty school days each school year;
(b) Special education pursuant to RCW 28A.155.010 through 28A.155.100, and vocational education including the job skills training program created in section 478 of this act, as necessary to address the unique needs and limitations of residents. Vocational education opportunities shall be made available to each residential school student between the ages of fourteen and twenty-one. The vocational programs offered shall be occupationally based and provide skills that are transferrable to the emerging labor market; and
(c) Such courses of instruction and school related student activities as are provided by the school district for nonresidential school students to the extent it is practical and judged appropriate for the residents by the school district after consultation with the superintendent or chief administrator of the residential school: PROVIDED, That a preschool special education program may be provided for handicapped residential school students;
(5) The control of students while participating in a program of education conducted pursuant to this section and the discipline, suspension or expulsion of students for violation of reasonable rules of conduct adopted by the school district; and
(6) The expenditure of funds for the direct and indirect costs of maintaining and operating the program of education that are appropriated by the legislature and allocated by the superintendent of public instruction for the exclusive purpose of maintaining and operating residential school programs of education, and funds from federal and private grants, bequests and gifts made for the purpose of maintaining and operating the program of education.
Sec. 518. RCW 28A.190.040 and 1990 c 33 s 173 are each amended to read as follows:
The duties and authority of the department of social and health services and of each superintendent or chief administrator of a residential school to support each program of education conducted by a school district pursuant to RCW 28A.190.030, shall include the following:
(1) The provision of transportation for residential school students to and from the sites of the program of education through the purchase, lease or rental of school buses and other vehicles as necessary;
(2) The provision of safe and healthy building and playground space for the conduct of the program of education through the construction, purchase, lease or rental of such space as necessary;
(3) The provision of furniture, vocational instruction machines and tools, building and playground fixtures, and other equipment and fixtures for the conduct of the program of education through construction, purchase, lease or rental as necessary;
(4) The provision of heat, lights, telephones, janitorial services, repair services, and other support services for the vehicles, building and playground spaces, equipment and fixtures provided for in this section;
(5) The employment, supervision and control of persons to transport students and to maintain the vehicles, building and playground spaces, equipment and fixtures, provided for in this section;
(6) Clinical and medical evaluation services necessary to a determination by the school district of the educational needs of residential school students; and
(7) Such other support services and facilities as are reasonably necessary for the conduct of the program of education and the job skills training program created in section 478 of this act.
NEW SECTION. Sec. 519. (1) The department of social and health services and the superintendent of public instruction shall review all statutes and rules relative to the sharing or exchange of information about children who are the subject of reports of abuse and neglect or who are charged with criminal behavior. The department and the superintendent shall revise or adopt rules, consistent with federal guidelines, that allow educational professionals in elementary and secondary schools access to information contained in department records solely for purposes of improving the child's educational performance or attendance.
(2) The department and superintendent shall also revise or adopt rules, consistent with federal guidelines, that allows the department access to information contained in the records of a school or school district on a child who is the subject of a report of abuse or neglect solely for the purpose of improving the department's ability to respond to the report of abuse or neglect.
The department and superintendent shall report their findings and actions, including the need for statutory changes, to the legislature by December 31, 1994.
This section shall expire January 1, 1995.
PART VI. EMPLOYMENT
NEW SECTION. Sec. 601. The legislature finds that a lack of adequate economic opportunity is a significant factor in placing youth at risk. Teenage unemployment, especially among some sectors of the youth population, is at intolerable levels. This denies teenagers the chance to learn responsibility, enhance their self-esteem, and acquire skills that will enable them to be functional, contributing members of society. Therefore, to further the intent of this act to reduce the number of at-risk youth, and provide teenagers a constructive alternative under safe and reasonable conditions to the destructive activities in which they might otherwise be engaged, the legislature enacts sections 602 and 603 of this act. Sections 602 and 603 of this act shall be liberally construed to foster increased employment opportunities for our youth.
NEW SECTION. Sec. 602. A new section is added to chapter 49.12 RCW to read as follows:
(1)(a) During the school year minors under the age of sixteen may be employed up to three hours per day on any school day preceding another school day, up to eight hours per day on any other day, and up to eighteen hours per week.
(b) During school vacation periods, minors under the age of sixteen may be employed up to eight hours per day, and up to forty hours per week.
(c) Minors under the age of sixteen may be employed during nonschool hours between 7:00 a.m. and 7:00 p.m. on any day preceding a school day, and during nonschool hours between 7:00 a.m. and 9:00 p.m. on any other day.
(2)(a) During the school year sixteen and seventeen-year-old minors may be employed up to eight hours per day, and up to thirty hours per week.
(b) During school vacation periods, sixteen and seventeen-year-old minors may be employed up to ten hours per day, and up to fifty hours per week.
(c) Minors age sixteen and seventeen may be employed during nonschool hours between 7:00 a.m. and 10:00 p.m. on any day preceding a school day, and during any nonschool hours on any other day.
(3)(a) Minors employed past 8:00 p.m. in service occupations shall be supervised by a responsible adult employee who is on the premises at all times.
(b) No minor may be employed more than five hours without a meal period of at least thirty minutes.
(c) Every minor employee shall be given a rest period of at least ten minutes in every four-hour period of employment.
(4) A minor may be employed only as provided in subsection (1) or (2) of this section unless the minor's parent or guardian, or other person having legal custody of the minor, and the minor's school have agreed that other hours of employment would be beneficial for the minor. In such case, the parent, guardian, or other person and the school shall provide the department and the employer with a copy of the written agreement describing the hours that the minor is allowed to be employed. The minor may not be employed for any hours in excess of those provided in the agreement.
(5) Subsection (1) or (2) of this section shall not apply to any minor emancipated by court order or to sixteen and seventeen-year-old minors who have been issued a certificate of educational competence under RCW 28A.305.190, are enrolled in a bona fide college program, are named on a valid certificate of marriage, or are shown as the parent on a valid certificate of birth.
(6) The department may adopt rules necessary to implement this section.
NEW SECTION. Sec. 603. A new section is added to chapter 49.12 RCW to read as follows:
(1) A minor under age sixteen may be employed in any occupation or doing any type of work other than that which is prohibited by rule of the industrial safety and health division of the department of labor and industries. In making this determination, the division shall: (a) Prohibit only types of work and occupations which evidence indicates present an unreasonable threat to the health or safety of minors under age sixteen relative to the skills acquired; and (b) have reasonable justification for differing from the occupation standards for fourteen and fifteen year olds of the child labor provisions of the fair labor standards act (29 C.F.R. Part 570, Subpart C).
(2) A minor age sixteen or seventeen may be employed in any occupation or doing any type of work other than that which is prohibited by rule of the industrial safety and health division of the department of labor and industries. In making this determination, the division shall: (a) Prohibit only types of work and occupations which evidence indicates present an unreasonable threat to the health or safety of minors age sixteen or seventeen relative to the skills acquired; and (b) have reasonable justification for differing from the hazardous occupations orders in nonagricultural occupations of the child labor provisions of the fair labor standards act (29 C.F.R. Part 570, Subpart E). It is the intent of the legislature that the occupations and types of work in which minors age sixteen and seventeen may be employed be less restrictive than for minors under age sixteen.
Sec. 604. RCW 49.12.390 and 1991 c 303 s 3 are each amended to read as follows:
(1)(a) Except as otherwise provided in subsection (2) of this section, if the director, or the director's designee, finds that an employer has violated any of the requirements of ((RCW 49.12.121 or 49.12.123, or a rule or order adopted or variance granted under RCW 49.12.121 or 49.12.123)) section 602 or 603 of this act, or a rule adopted under section 602 or 603 of this act, a citation stating the violations shall be issued to the employer. The citation shall be in writing, describing the nature of the violation including reference to the ((standards, rules, or orders)) statute or rule alleged to have been violated. An initial citation for failure to comply with ((RCW 49.12.123 or rules requiring a minor work permit and)) any rule requiring maintenance of records shall state a specific and reasonable time for abatement of the violation to allow the employer to correct the violation without penalty. The director or the director's designee may establish a specific time for abatement of other nonserious violations in lieu of a penalty for first time violations. The citation and a proposed penalty assessment shall be given to the highest management official available at the workplace or be mailed to the employer at the workplace. In addition, the department shall mail a copy of the citation and proposed penalty assessment to the central personnel office of the employer. Citations issued under this section shall be posted at or near the place where the violation occurred.
(b) Except when an employer corrects a violation as provided in (a) of this subsection, he or she shall be assessed a civil penalty of not more than one thousand dollars depending on the size of the business and the gravity of the violation. The employer shall pay the amount assessed within thirty days of receipt of the assessment or notify the director of his or her intent to appeal the citation or the assessment penalty as provided in RCW 49.12.400.
(2) If the director, or the director's designee, finds that an employer has committed a serious or repeated violation of the requirements of ((RCW 49.12.121 or 49.12.123, or any rule or order adopted or variance granted under RCW 49.12.121 or 49.12.123)) section 602 or 603 of this act, or any rule adopted under section 602 or 603 of this act, the employer is subject to a civil penalty of not more than one thousand dollars for each day the violation continues. For the purposes of this subsection, a serious violation shall be deemed to exist if death or serious physical harm has resulted or is imminent from a condition that exists, or from one or more practices, means, methods, operations, or processes that have been adopted or are in use by the employer, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.
(3) In addition to any other authority provided in this section, if, upon inspection or investigation, the director, or director's designee, believes that an employer has violated ((RCW 49.12.121 or 49.12.123, or a rule or order adopted or variance granted under RCW 49.12.121 or 49.12.123)) section 602 or 603 of this act, or any rule adopted under section 602 or 603 of this act, and that the violation creates a danger from which there is a substantial probability that death or serious physical harm could result to a minor employee, the director, or director's designee, may issue an order immediately restraining the condition, practice, method, process, or means creating the danger in the workplace. An order issued under this subsection may require the employer to take steps necessary to avoid, correct, or remove the danger and to prohibit the employment or presence of a minor in locations or under conditions where the danger exists.
(4) An employer who violates any ((of the)) posting requirements of ((RCW 49.12.121 or)) rules adopted implementing ((RCW 49.12.121)) section 602 of this act shall be assessed a civil penalty of not more than one hundred dollars for each violation.
(5) A person who gives advance notice, without the authority of the director, of an inspection to be conducted under this chapter shall be assessed a civil penalty of not more than one thousand dollars.
(6) Penalties assessed under this section shall be paid to the director and deposited into the general fund.
Sec. 605. RCW 49.12.410 and 1991 c 303 s 5 are each amended to read as follows:
An employer who knowingly or recklessly violates ((the requirements of RCW 49.12.121 or 49.12.123)) section 602 or 603 of this act, or a rule ((or order)) adopted under ((RCW 49.12.121 or 49.12.123)) section 602 or 603 of this act, is guilty of a gross misdemeanor. An employer whose practices in violation of ((the requirements of RCW 49.12.121 or 49.12.123)) section 602 or 603 of this act, or a rule ((or order)) adopted under ((RCW 49.12.121 or 49.12.123)) section 602 or 603 of this act, result in the death or permanent disability of a minor employee is guilty of a class C felony.
Sec. 606. RCW 49.12.420 and 1991 c 303 s 7 are each amended to read as follows:
The penalties established in RCW 49.12.390 and 49.12.410 for violations of ((RCW 49.12.121 and 49.12.123)) section 602 or 603 of this act or a rule adopted under section 602 or 603 of this act are exclusive remedies.
NEW SECTION. Sec. 607. The following acts or parts of acts are each repealed:
(1) RCW 49.12.105 and 1973 2nd ex.s. c 16 s 8;
(2) RCW 49.12.121 and 1993 c 294 s 9, 1989 c 1 s 3, & 1973 2nd ex.s. c 16 s 15; and
(3) RCW 49.12.123 and 1991 c 303 s 8, 1983 c 3 s 156, & 1973 c 51 s 3.
PART VII. MEDIA
NEW SECTION. Sec. 701. The purpose of this chapter is to regulate media and media-related activities that directly or indirectly promote violence in electronic media. Decades of substantial research has now established a connection between the viewing of violent acts on television or in films and an increased acting out of violent behavior, especially in children. The social costs of increased violence are paid by all Washingtonians. The state of Washington has a compelling interest in reducing the incidence of media-induced violence as a matter of public health and safety.
The legislature finds that, to the extent that electronic media, including television, motion pictures, video games, and entertainment uses of virtual reality are conducive to increased violent behaviors, especially in children, the state has a duty to protect the public health and safety by reasonably related regulation of electronic media.
Many parents, educators, and others are concerned about protecting children and youth from the negative influences of the media, and want more information about media content and more control over media contact with their children.
The legislature finds that requiring companies that produce television, motion pictures, video games, and entertainment uses of virtual reality to provide age-rating guidelines for the public is reasonably related to the prevention of the spread of violent behavior, especially among children and youth.
NEW SECTION. Sec. 702. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Prime time" means those hours as defined by rule by the federal communication commission.
(2) "Sweeps week" means any week during the year in which national rating services measure the size of the television audience to determine the market share for purposes of setting advertising rates.
(3) "Time/channel lock" is electronic circuitry designed to enable television owners to block display of selected times and channels from viewing.
(4) "Video" means any motion picture, television or other electronically delivered programming, or other presentation on film, video tape, or other medium designed to produce, reproduce, or project images on a screen.
(5) "Violence" means any deliberate and hostile use of overt force, or the immediate threat thereof, by an individual against another individual.
(6) "Virtual reality" means any computer or other electronic artificial-intelligence-based technology that creates an enhanced simulation or illusion of three-dimensional, real-time or near-real-time interactive reality through the use of software, specialized hardware, holograms, gloves, masks, glasses, pods, goggles, helmets, computer guns, or other items capable of producing visual, audio, tactile, or sensory effects of verisimilitude beyond those available with a personal computer.
NEW SECTION. Sec. 703. All new televisions sold in this state after January 1, 1995, shall be equipped with a time/channel lock or shall be sold with an offer to the customer to purchase a channel blocking device, or other device that enables a person to regulate a child's access to unwanted television programming. All cable television companies shall make available to all customers at the company's cost the opportunity to purchase a channel blocking device, or other device that enables a person to regulate a child's access to unwanted television programming. The commercial television sellers and cable television companies shall offer time/channel locks to their customers, when these devices are available. Notice of this availability shall be clearly made to all existing customers and to all new customers at the time of their signing up for service.
NEW SECTION. Sec. 704. All videos, video games, and virtual reality games sold or rented in this state shall clearly and prominently display a realistic age rating for appropriateness of use by end-users of the video or game. The age rating shall be researched, developed, and provided to the purchaser or renter of the video, video game, or virtual reality game, by the originator of the video or game. The originator, as used in this section, includes the manufacturer or software developer or copyright holder of the video or game.
The originator may develop the age rating in any reasonable manner, as determined by the originator, who may consult child psychologists, educators, child development specialists, pediatricians, or others as appropriate in the determination of realistic age rating. The age-rating determination shall include an objective evaluation and estimate of the number of violent incidents represented in the media material being rated.
The age-rating information may be presented to the consumer in any readily understandable format, whether by label, code, or information sheet.
NEW SECTION. Sec. 705. 1) Owners of video or video game businesses shall not sell or rent videos or video games to a person under the age of eighteen unless: (a) The renter or seller has on file a written declaration from at least one parent or guardian of the juvenile authorizing the juvenile to rent or purchase videos or video games; or (b) the juvenile is accompanied by his or her parent or guardian. The declaration may contain such restrictions as the parent deems appropriate.
(2) A violation of this section is a class 3 civil infraction under chapter 7.80 RCW. Compliance by retail outlets selling or renting materials with age-rating information provided under section 704 of this act, and reliance on the information, is a defense to civil or criminal penalties.
NEW SECTION. Sec. 706. Television and radio broadcast stations including cable stations, video rental companies, and print media are encouraged, as a matter of public health and safety, to broadcast public health-based, antiviolence public service messages. The content, style, and format of the messages shall be developed by the community public health and safety council created under RCW 70.190.010, in coordination with its violence-reduction efforts. The messages may be produced with grant funds from the council or may be produced voluntarily by the media working with the council.
NEW SECTION. Sec. 707. The legislature finds that, as a matter of public health and safety, access by minors to violent videos, video games, and computer software should be limited.
Public libraries, with the exception of university, college, and community college libraries, shall establish standards and policies on the protection of minors from access to violent video and other electronic materials. Libraries shall make their standards and policies known to the public in their communities.
Each library system shall formulate its own standards and policies, and may, in its discretion, include public hearings, consultation with community networks as defined under chapter 70.190 RCW, or consultation with the Washington library association in the development of its standards and policies.
NEW SECTION. Sec. 708. A new section is added to chapter 13.16 RCW to read as follows:
Motion pictures unrated or rated X or NC-17 by the motion picture association of America shall not be shown in juvenile detention facilities or facilities operated by the division of juvenile rehabilitation in the department of social and health services.
NEW SECTION. Sec. 709. A new section is added to chapter 72.02 RCW to read as follows:
Motion pictures unrated or rated X or NC-17 by the motion picture association of America shall not be shown in adult correctional facilities.
NEW SECTION. Sec. 710. A new section is added to chapter 28A.650 RCW to read as follows:
(1) Software, computer games, and videos with fictional violent content shall not be used in schools, except to depict actual historical events or for educational purposes in a formal classroom setting.
(2) Each educational service district shall monitor the software and videos used in its district for fictional violent content, using the guidelines developed by the office of the superintendent of public instruction.
Sec. 711. RCW 28A.650.015 and 1993 c 336 s 703 are each amended to read as follows:
(1) The superintendent of public instruction, to the extent funds are appropriated, shall develop and implement a Washington state K-12 education technology plan. The technology plan, which shall be completed by December 15, 1993, and updated on at least a biennial basis, shall be developed to coordinate and expand the use of education technology in the common schools of the state. The plan shall be consistent with applicable provisions of chapter 43.105 RCW. The plan, at a minimum, shall address:
(a) The provision of technical assistance to schools and school districts for the planning, implementation, and training of staff in the use of technology in curricular and administrative functions;
(b) The continued development of a network to connect school districts, institutions of higher learning, and other sources of on-line information; ((and))
(c) Methods to equitably increase the use of education technology by students and school personnel throughout the state; and
(d) After the effective date of this section, guidelines for monitoring fictional violent content in computer software and videos used in schools.
(2) The superintendent of public instruction shall appoint an educational technology advisory committee to assist in the development and implementation of the technology plan in subsection (1) of this section. The committee shall include, but is not limited to, persons representing: The state board of education, the commission on student learning, the department of information services, educational service districts, school directors, school administrators, school principals, teachers, classified staff, higher education faculty, parents, students, business, labor, scientists and mathematicians, the higher education coordinating board, the work force training and education coordinating board, and the state library.
NEW SECTION. Sec. 712. A new section is added to chapter 43.19 RCW to read as follows:
Notwithstanding any other provision of law, the department of general administration shall adopt a policy of refusing to purchase goods and services for the state from businesses or corporations, including parent corporations, profiting from violence-related products or services. Nothing in this section requires the department to adopt a policy that results in a refusal to purchase goods and services from a corporation that is primarily engaged in the business of producing materials intended to be used in formal educational settings as set forth in section 710 of this act. A business or corporation whose violence-related products or services are for the main purpose of national defense are exempt from this policy. Definitions and guidelines shall be developed by the department of general administration in consultation with the department of health.
NEW SECTION. Sec. 713. A new section is added to chapter 43.33A RCW to read as follows:
Notwithstanding any other provision of law, the state investment board shall adopt a policy of disinvestment in businesses or corporations, including parent corporations, profiting from violence-related products or services. Nothing in this section requires the board to adopt a policy that results in a refusal to purchase goods and services from a corporation that is primarily engaged in the business of producing materials intended to be used in formal educational settings as set forth in section 710 of this act. A business or corporation whose violence-related products or services are for the main purpose of national defense are exempt from this policy. Definitions and guidelines for disinvestment shall be established by the state investment board in consultation with the department of health.
NEW SECTION. Sec. 714. Sections 701 through 707 of this act shall constitute a new chapter in Title 19 RCW.
PART VIII. MISCELLANEOUS
NEW SECTION. Sec. 801. A new section is added to chapter 44.28 RCW to read as follows:
(1) The legislative budget committee shall contract to monitor and track the implementation of chapter . . ., Laws of 1994 (this act) to determine whether these efforts result in a measurable reduction of violence. The legislative budget committee shall also contract for and coordinate an evaluation of the effectiveness of the community networks in reducing the rate of at-risk youth through reducing risk factors and increasing protective factors. The evaluation plan shall result in statistically valid evaluation at both state-wide and community levels. The evaluation plan shall be submitted to the governor and appropriate legislative committees by July 1, 1995.
(2) Starting five years after the initial grant to a community network, if the community network fails to meet the outcome standards and goals in any two consecutive years, the legislative budget committee shall make recommendations to the legislature concerning whether the funds received by that community network should revert back to the originating agency. In making this determination, the legislative budget committee shall consider the adequacy of the level of intervention relative to the risk factors in the community and any external events having a significant impact on risk factors or outcomes.
(3) The outcomes required under chapter 70.190 RCW and social development standards and measures established by the department of health under section 204 of this act shall be used in conducting the outcome evaluation of the community networks.
Sec. 802. RCW 66.24.210 and 1993 c 160 s 2 are each amended to read as follows:
(1) There is hereby imposed upon all wines sold to wine wholesalers and the Washington state liquor control board, within the state a tax at the rate of twenty and one-fourth cents per liter: PROVIDED, HOWEVER, That wine sold or shipped in bulk from one winery to another winery shall not be subject to such tax. The tax provided for in this section may, if so prescribed by the board, be collected by means of stamps to be furnished by the board, or by direct payments based on wine purchased by wine wholesalers. Every person purchasing wine under the provisions of this section shall on or before the twentieth day of each month report to the board all purchases during the preceding calendar month in such manner and upon such forms as may be prescribed by the board, and with such report shall pay the tax due from the purchases covered by such report unless the same has previously been paid. Any such purchaser of wine whose applicable tax payment is not postmarked by the twentieth day following the month of purchase will be assessed a penalty at the rate of two percent a month or fraction thereof. If this tax be collected by means of stamps, every such person shall procure from the board revenue stamps representing the tax in such form as the board shall prescribe and shall affix the same to the package or container in such manner and in such denomination as required by the board and shall cancel the same prior to the delivery of the package or container containing the wine to the purchaser. If the tax is not collected by means of stamps, the board may require that every such person shall execute to and file with the board a bond to be approved by the board, in such amount as the board may fix, securing the payment of the tax. If any such person fails to pay the tax when due, the board may forthwith suspend or cancel the license until all taxes are paid.
(2) An additional tax is imposed equal to the rate specified in RCW 82.02.030 multiplied by the tax payable under subsection (1) of this section. All revenues collected during any month from this additional tax shall be transferred to the state general fund by the twenty-fifth day of the following month.
(3) An additional tax is imposed on wines subject to tax under subsection (1) of this section, at the rate of one-fourth of one cent per liter for wine sold after June 30, 1987. Such additional tax shall cease to be imposed on July 1, 2001. All revenues collected under this subsection (3) shall be disbursed quarterly to the Washington wine commission for use in carrying out the purposes of chapter 15.88 RCW.
(4) ((Until July 1, 1995,)) An additional tax is imposed on all wine subject to tax under subsection (1) of this section. The additional tax is equal to twenty-three and forty-four one-hundredths cents per liter on fortified wine as defined in RCW 66.04.010(34) when bottled or packaged by the manufacturer and one cent per liter on all other wine. All revenues collected during any month from this additional tax shall be deposited in the violence reduction and drug enforcement ((and education)) account under RCW 69.50.520 by the twenty-fifth day of the following month.
Sec. 803. RCW 66.24.290 and 1993 c 492 s 311 are each amended to read as follows:
(1) Any brewer or beer wholesaler licensed under this title may sell and deliver beer to holders of authorized licenses direct, but to no other person, other than the board; and every such brewer or beer wholesaler shall report all sales to the board monthly, pursuant to the regulations, and shall pay to the board as an added tax for the privilege of manufacturing and selling the beer within the state a tax of two dollars and sixty cents per barrel of thirty-one gallons on sales to licensees within the state and on sales to licensees within the state of bottled and canned beer shall pay a tax computed in gallons at the rate of two dollars and sixty cents per barrel of thirty-one gallons. Any brewer or beer wholesaler whose applicable tax payment is not postmarked by the twentieth day following the month of sale will be assessed a penalty at the rate of two percent per month or fraction thereof. Each such brewer or wholesaler shall procure from the board revenue stamps representing such tax in form prescribed by the board and shall affix the same to the barrel or package in such manner and in such denominations as required by the board, and shall cancel the same prior to commencing delivery from his or her place of business or warehouse of such barrels or packages. Beer shall be sold by brewers and wholesalers in sealed barrels or packages. The revenue stamps provided under this section need not be affixed and canceled in the making of resales of barrels or packages already taxed by the affixation and cancellation of stamps as provided in this section.
(2) An additional tax is imposed equal to seven percent multiplied by the tax payable under subsection (1) of this section. All revenues collected during any month from this additional tax shall be transferred to the state general fund by the twenty-fifth day of the following month.
(3) ((Until July 1, 1995,)) An additional tax is imposed on all beer subject to tax under subsection (1) of this section. The additional tax is equal to two dollars per barrel of thirty-one gallons. All revenues collected during any month from this additional tax shall be deposited in the violence reduction and drug enforcement ((and education)) account under RCW 69.50.520 by the twenty-fifth day of the following month.
(4)(a) An additional tax is imposed on all beer subject to tax under subsection (1) of this section. The additional tax is equal to ninety-six cents per barrel of thirty-one gallons through June 30, 1995, two dollars and thirty-nine cents per barrel of thirty-one gallons for the period July 1, 1995, through June 30, 1997, and four dollars and seventy-eight cents per barrel of thirty-one gallons thereafter.
(b) The additional tax imposed under this subsection does not apply to the sale of the first sixty thousand barrels of beer each year by breweries that are entitled to a reduced rate of tax under 26 U.S.C. Sec. 5051, as existing on July 1, 1993, or such subsequent date as may be provided by the board by rule consistent with the purposes of this exemption.
(c) All revenues collected from the additional tax imposed under this subsection (4) shall be deposited in the health services account under RCW 43.72.900.
(5) The tax imposed under this section shall not apply to "strong beer" as defined in this title.
Sec. 804. RCW 82.08.150 and 1993 c 492 s 310 are each amended to read as follows:
(1) There is levied and shall be collected a tax upon each retail sale of spirits, or strong beer in the original package at the rate of fifteen percent of the selling price. The tax imposed in this subsection shall apply to all such sales including sales by the Washington state liquor stores and agencies, but excluding sales to class H licensees.
(2) There is levied and shall be collected a tax upon each sale of spirits, or strong beer in the original package at the rate of ten percent of the selling price on sales by Washington state liquor stores and agencies to class H licensees.
(3) There is levied and shall be collected an additional tax upon each retail sale of spirits in the original package at the rate of one dollar and seventy-two cents per liter. The additional tax imposed in this subsection shall apply to all such sales including sales by Washington state liquor stores and agencies, and including sales to class H licensees.
(4) An additional tax is imposed equal to fourteen percent multiplied by the taxes payable under subsections (1), (2), and (3) of this section.
(5) ((Until July 1, 1995,)) An additional tax is imposed upon each retail sale of spirits in the original package at the rate of seven cents per liter. The additional tax imposed in this subsection shall apply to all such sales including sales by Washington state liquor stores and agencies, and including sales to class H licensees. All revenues collected during any month from this additional tax shall be deposited in the violence reduction and drug enforcement ((and education)) account under RCW 69.50.520 by the twenty-fifth day of the following month.
(6)(a) An additional tax is imposed upon retail sale of spirits in the original package at the rate of one and seven-tenths percent of the selling price through June 30, 1995, two and six-tenths percent of the selling price for the period July 1, 1995, through June 30, 1997, and three and four-tenths of the selling price thereafter. This additional tax applies to all such sales including sales by Washington state liquor stores and agencies, but excluding sales to class H licensees.
(b) An additional tax is imposed upon retail sale of spirits in the original package at the rate of one and one-tenth percent of the selling price through June 30, 1995, one and seven-tenths percent of the selling price for the period July 1, 1995, through June 30, 1997, and two and three-tenths of the selling price thereafter. This additional tax applies to all such sales to class H licensees.
(c) An additional tax is imposed upon each retail sale of spirits in the original package at the rate of twenty cents per liter through June 30, 1995, thirty cents per liter for the period July 1, 1995, through June 30, 1997, and forty-one cents per liter thereafter. This additional tax applies to all such sales including sales by Washington state liquor stores and agencies, and including sales to class H licensees.
(d) All revenues collected during any month from additional taxes under this subsection shall be deposited in the health services account created under RCW 43.72.900 by the twenty-fifth day of the following month.
(7) The tax imposed in RCW 82.08.020 shall not apply to sales of spirits or strong beer in the original package.
(8) The taxes 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 tax payable in respect to each taxable sale under this section. The taxes required by this section to be collected by the seller shall be stated separately from the selling price and for purposes of determining the tax due from the buyer to the seller, it shall be conclusively presumed that the selling price quoted in any price list does not include the taxes imposed by this section.
(9) As used in this section, the terms, "spirits," "strong beer," and "package" shall have the meaning ascribed to them in chapter 66.04 RCW.
Sec. 805. RCW 82.24.020 and 1993 c 492 s 307 are each amended to read as follows:
(1) There is levied and there shall be collected as provided in this chapter, a tax upon the sale, use, consumption, handling, possession or distribution of all cigarettes, in an amount equal to the rate of eleven and one-half mills per cigarette.
(2) ((Until July 1, 1995,)) An additional tax is imposed upon the sale, use, consumption, handling, possession, or distribution of all cigarettes, in an amount equal to the rate of ((one)) two and one-half mills per cigarette. All revenues collected during any month from this additional tax shall be deposited in the violence reduction and drug enforcement ((and education)) account under RCW 69.50.520 by the twenty-fifth day of the following month.
(3) An additional tax is imposed upon the sale, use, consumption, handling, possession, or distribution of all cigarettes, in an amount equal to the rate of ten mills per cigarette through June 30, 1994, eleven and one-fourth mills per cigarette for the period July 1, 1994, through June 30, 1995, twenty mills per cigarette for the period July 1, 1995, through June 30, 1996, and twenty and one-half mills per cigarette thereafter. All revenues collected during any month from this additional tax shall be deposited in the health services account created under RCW 43.72.900 by the twenty-fifth day of the following month.
(4) Wholesalers and retailers subject to the payment of this tax may, if they wish, absorb one-half mill per cigarette of the tax and not pass it on to purchasers without being in violation of this section or any other act relating to the sale or taxation of cigarettes.
(5) For purposes of this chapter, "possession" shall mean both (a) physical possession by the purchaser and, (b) when cigarettes are being transported to or held for the purchaser or his or her designee by a person other than the purchaser, constructive possession by the purchaser or his or her designee, which constructive possession shall be deemed to occur at the location of the cigarettes being so transported or held.
NEW SECTION. Sec. 806. RCW 82.64.900 and 1989 c 271 s 509 are each repealed.
Sec. 807. RCW 69.50.520 and 1989 c 271 s 401 are each amended to read as follows:
The violence reduction and drug enforcement ((and education)) account is created in the state treasury. All designated receipts from RCW 9.41.110(5), 66.24.210(4), 66.24.290(3), 69.50.505(((f)(2)(i)(C))) (h)(1), 82.04.250(3), 82.08.150(5), 82.24.020(2), 82.64.020, and section 420, chapter 271, Laws of 1989 shall be deposited into the account. Expenditures from the account may be used only for funding services and programs under ((this act)) chapter 271, Laws of 1989 and chapter . . ., Laws of 1994 (this act), including state incarceration costs. At least seven and one-half percent of expenditures from the account shall be used for providing grants to community networks under chapter 70.190 RCW by the community public health and safety council.
NEW SECTION. Sec. 808. Sections 458 and 802 through 806 of this act shall be submitted as a single ballot measure 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 unless section 13, chapter 2, Laws of 1994, has been declared invalid or otherwise enjoined or stayed by a court of competent jurisdiction.
NEW SECTION. Sec. 809. (1) Until July 1, 1994, any reference in this act to the director or department of community, trade, and economic development means the director or department of community development.
(2) Until July 1, 1994, any reference in this act to the director or department of fish and wildlife means the director or department of wildlife.
NEW SECTION. Sec. 810. Part headings and the table of contents as used in this act do not constitute any part of the law.
NEW SECTION. Sec. 811. (1) Sections 201 through 204, 302, 324, 473, and 474 of this act are 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.
(2) Notwithstanding other provisions of this section, if sections 458 and 802 through 806 of this act are required to be referred to the voters, sections 426, 438, 446 through 453, 481, 517, and 518 of this act shall take effect January 1, 1995, and section 805 of this act shall take effect July 1, 1995, if sections 458 and 802 through 806 of this act are approved and ratified by the voters at the next succeeding general election as provided in section 808 of this act. If sections 458 and 802 through 806 of this act are rejected by the voters, sections 426, 438, 446 through 453, 481, 517, and 518 of this act shall be null and void. If sections 458 and 802 through 806 of this act are not required to be referred to the voters, sections 426, 438, 446 through 453, 481, 517, and 518 of this act shall take effect as provided in Article II, section 41 of the state Constitution, and section 805 of this act shall take effect July 1, 1995."
On page 1, line 1 of the title, after "violence;" strike the remainder of the title and insert "amending RCW 74.14A.020, 43.70.010, 70.190.005, 70.190.010, 43.101.240, 70.190.020, 70.190.030, 70.190.040, 70.190.900, 43.06.260, 46.20.265, 13.40.265, 9A.36.045, 9A.36.050, 9A.56.040, 9A.56.160, 9.41.050, 9.41.060, 9.41.070, 9.41.080, 9.41.090, 9.41.095, 9.41.098, 9.41.110, 9.41.140, 9.41.170, 9.41.180, 9.41.190, 9.41.240, 9.41.250, 9.41.260, 9.41.270, 9.41.280, 9.94A.310, 9.94A.370, 4.24.190, 9.94A.125, 13.40.110, 13.04.030, 13.40.020, 13.40.0354, 13.40.0357, 13.40.080, 13.40.160, 13.40.210, 13.40.190, 13.40.300, 82.04.250, 9A.46.050, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.137, 26.50.070, 77.12.720, 9.94A.150, 10.99.030, 28A.300.130, 28A.320.205, 28A.610.030, 28A.610.060, 28A.620.020, 9A.36.031, 28A.600.475, 13.50.050, 13.50.010, 28A.190.030, 28A.190.040, 49.12.390, 49.12.410, 49.12.420, 28A.650.015, 66.24.210, 66.24.290, 82.08.150, 82.24.020, and 69.50.520; amending 1993 sp.s. c 24 s 501 (uncodified); reenacting and amending RCW 9.9A.320, 9.41.010, 9.41.040, 26.28.080, 26.26.130, 26.50.060, 10.31.100, and 28A.630.885; adding new sections to chapter 43.70 RCW; adding new sections to chapter 70.190 RCW; adding new sections to chapter 43.41 RCW; adding a new section to chapter 43.20A RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.11 RCW; adding a new section to chapter 36.32 RCW; adding new sections to chapter 9.41 RCW; adding new sections to chapter 9.94A RCW; adding a new section to chapter 9A.36 RCW; adding new sections to chapter 9A.56 RCW; adding a new section to chapter 4.24 RCW; adding a new section to chapter 13.06 RCW; adding a new section to chapter 28A.310 RCW; adding a new section to chapter 28A.405 RCW; adding a new section to chapter 28A.600 RCW; adding new sections to chapter 49.12 RCW; adding a new section to chapter 13.16 RCW; adding a new section to chapter 72.02 RCW; adding a new section to chapter 28A.650 RCW; adding a new section to chapter 43.19 RCW; adding a new section to chapter 43.33A RCW; adding a new section to chapter 44.28 RCW; adding a new chapter to Title 19 RCW; creating new sections; recodifying RCW 9.41.160; repealing RCW 70.190.900, 9.41.030, 9.41.093, 9.41.100, 9.41.130, 9.41.200, 9.41.210, 9.41.230, 49.12.105, 49.12.121, 49.12.123, and 82.64.900; prescribing penalties; providing an effective date; providing contingent effective dates; providing for submission of certain sections of this act to a vote of the people; and declaring an emergency."
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Johanson moved that the House not concur in the Senate amendments to Engrossed Second Substitute House Bill No. 2319 and ask the Senate for a conference thereon. The motion was carried.
Representative Padden: I would request a ruling on the amendment of the title before the semi colon under Rule 11G of the House Rules, and I would also ask for a ruling on the scope and object of the taxes that are put in the bill under the miscellaneous section.
With the consent of the House, the House deferred further consideration of Engrossed Second Substitute House Bill No. 2319 and the bill held its place on today's dispute calendar.
SENATE AMENDMENTS TO HOUSE BILL
March 3, 1994
Mr. Speaker:
The Senate has passed ENGROSSED HOUSE BILL NO. 2664 with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 82.60.020 and 1993 sp.s. c 25 s 403 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Applicant" means a person applying for a tax deferral under this chapter.
(2) "Department" means the department of revenue.
(3) "Eligible area" means: (a) A county in which the average level of unemployment for the three years before the year in which an application is filed under this chapter exceeds the average state unemployment for those years by twenty percent; (b) a metropolitan statistical area, as defined by the office of federal statistical policy and standards, United States department of commerce, in which the average level of unemployment for the calendar year immediately preceding the year in which an application is filed under this chapter exceeds the average state unemployment for such calendar year by twenty percent; ((or)) (c) a designated neighborhood reinvestment area approved under RCW 43.63A.700; (d) subcounty areas within a city with a population of less than twelve hundred persons in those counties that are not covered under (a) of this subsection that are timber impact areas as defined in RCW 43.31.601; or (e) counties where thirty percent or more of total employment is federal department of defense related.
(4)(a) "Eligible investment project" means that portion of an investment project which:
(i) Is directly utilized to create at least one new full-time qualified employment position for each three hundred thousand dollars of investment on which a deferral is requested in an application approved before July 1, 1994, and for each one million dollars of investment on which a deferral is requested in an application approved after June 30, 1994; and
(ii) Either initiates a new operation, or expands or diversifies a current operation by expanding, equipping, or renovating an existing ((building)) facility with costs in excess of twenty-five percent of the true and fair value of the ((plant complex)) facility prior to improvement((; or
(iii) Acquires machinery and equipment to be used for either manufacturing or research and development if the machinery and equipment is housed in a new leased structure)). The lessor/owner of ((the structure)) a qualified building is not eligible for a deferral unless the underlying ownership of the buildings, machinery, and equipment vests exclusively in the same person, or unless the lessor by written contract agrees to pass the economic benefit of the deferral to the lessee in the form of reduced rent payments.
(b) "Eligible investment project" does not include any portion of an investment project undertaken by a light and power business as defined in RCW 82.16.010(5), other than cogeneration projects that are both an integral part of a manufacturing facility and owned at least fifty percent by the manufacturer, or investment projects which have already received deferrals under this chapter.
(5) "Investment project" means an investment in qualified buildings ((and)) or qualified machinery and equipment, including labor and services rendered in the planning, installation, and construction of the project.
(6) "Manufacturing" means all activities of a commercial or industrial nature wherein labor or skill is applied, by hand or machinery, to materials so that as a result thereof a new, different, or useful substance or article of tangible personal property is produced for sale or commercial or industrial use and shall include the production or fabrication of specially made or custom made articles. "Manufacturing" also includes computer programming, the production of computer software, and other computer-related services, and the activities performed by research and development laboratories and commercial testing laboratories.
(7) "Person" has the meaning given in RCW 82.04.030.
(8) "Qualified buildings" means ((new)) structures used for manufacturing and research and development activities, including plant offices and warehouses or other facilities for the storage of raw material or finished goods if such facilities are an essential or an integral part of a factory, mill, plant, or laboratory used for manufacturing or research and development. If a building is used partly for manufacturing or research and development and partly for other purposes, the applicable tax deferral shall be determined by apportionment of the costs of construction under rules adopted by the department.
(9) "Qualified employment position" means a permanent full-time employee employed in the eligible investment project during the entire tax year.
(10) "Qualified machinery and equipment" means all new industrial and research fixtures, equipment, and support facilities that are an integral and necessary part of a manufacturing or research and development operation. "Qualified machinery and equipment" includes: Computers; software; data processing equipment; laboratory equipment; manufacturing components such as belts, pulleys, shafts, and moving parts; molds, tools, and dies; operating structures; and all equipment used to control or operate the machinery.
(11) "Recipient" means a person receiving a tax deferral under this chapter.
(12) "Research and development" means the development, refinement, testing, marketing, and commercialization of a product, service, or process before commercial sales have begun. As used in this subsection, "commercial sales" excludes sales of prototypes or sales for market testing if the total gross receipts from such sales of the product, service, or process do not exceed one million dollars.
Sec. 2. RCW 82.60.030 and 1985 c 232 s 3 are each amended to read as follows:
Application for deferral of taxes under this chapter must be made before July 1, 1997, and before initiation of the construction of the investment project or acquisition of equipment or machinery. The application shall be made to the department in a form and manner prescribed by the department. The application shall contain information regarding the location of the investment project, the applicant's average employment in the state for the prior year, estimated or actual new employment related to the project, estimated or actual wages of employees related to the project, estimated or actual costs, time schedules for completion and operation, and other information required by the department. The department shall rule on the application within sixty days.
Sec. 3. RCW 82.60.040 and 1986 c 116 s 13 are each amended to read as follows:
(1) The department shall issue a sales and use tax deferral certificate for state and local sales and use taxes due under chapters 82.08, 82.12, and 82.14 RCW on each eligible investment project that:
(a) Is located in an eligible area;
(b) Is located in any county if seventy-five percent of the new qualified employment positions are to be filled by residents of a contiguous county that qualifies as an eligible area; or
(c) Is located in a county containing a designated neighborhood reinvestment area approved under RCW 43.63A.700 if seventy-five percent of the new qualified employment positions are to be filled by residents of the neighborhood reinvestment area.
(2) A recipient of a tax deferral under subsection (1) (b) or (c) of this section shall maintain the required percentage of qualified employment positions filled by residents of the contiguous county or neighborhood reinvestment area for three calendar years after the date on which the department certifies the investment project as having been operationally completed.
(3) The department shall keep a running total of all deferrals granted under this chapter during each fiscal biennium.
(4) No certificate may be issued unless the application is received by July 1, 1997.
Sec. 4. RCW 82.60.050 and 1993 sp.s. c 25 s 404 are each amended to read as follows:
RCW 82.60.030 and 82.60.040 shall expire July 1, ((1998)) 1997.
NEW SECTION. Sec. 5. This act shall take effect July 1, 1994."
On page 1, line 2 of the title, after "areas;" strike the remainder of the title and insert "amending RCW 82.60.020, 82.60.030, 82.60.040, and 82.60.050; and providing an effective date."
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Holm moved that the House not concur in the Senate amendments to Engrossed House Bill No. 2664 and ask the Senate for a conference thereon. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives G. Fisher, Peery and Foreman as Conferees on Engrossed House Bill No. 2664.
SENATE AMENDMENTS TO HOUSE BILL
March 3, 1994
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 2671 with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 82.04.300 and 1993 sp.s. c 25 s 205 are each amended to read as follows:
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 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. The one thousand dollar threshold shall be increased each year on January 1st to reflect the change in the consumer price index for the previous year as compiled by the bureau of labor statistics, United States department of labor.
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. 2. This act shall take effect July 1, 1994."
On page 1, line 1 of the title, after "businesses;" strike the remainder of the title and insert "amending RCW 82.04.300; and providing an effective date."
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Holm moved that the House not concur in the Senate amendments to Substitute House Bill No. 2671 and ask the Senate for a conference thereon. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives G. Fisher, Peery and Foreman as Conferees on Substitute House Bill No. 2671.
SENATE AMENDMENTS TO HOUSE BILL
March 3, 1994
Mr. Speaker:
The Senate has passed ENGROSSED HOUSE BILL NO. 2670 with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 84.36.381 and 1993 c 178 s 1 are each amended to read as follows:
A person shall be exempt from any legal obligation to pay all or a portion of the amount of excess and regular real property taxes due and payable in the year following the year in which a claim is filed, and thereafter, in accordance with the following:
(1) The property taxes must have been imposed upon a residence which was occupied by the person claiming the exemption as a principal place of residence as of January 1st of the year for which the exemption is claimed: PROVIDED, That any person who sells, transfers, or is displaced from his or her residence may transfer his or her exemption status to a replacement residence, but no claimant shall receive an exemption on more than one residence in any year: PROVIDED FURTHER, That confinement of the person to a hospital or nursing home shall not disqualify the claim of exemption if:
(a) The residence is temporarily unoccupied;
(b) The residence is occupied by a spouse and/or a person financially dependent on the claimant for support; or
(c) The residence is rented for the purpose of paying nursing home or hospital costs;
(2) The person claiming the exemption must have owned, at the time of filing, in fee, as a life estate, or by contract purchase, the residence on which the property taxes have been imposed or if the person claiming the exemption lives in a cooperative housing association, corporation, or partnership, such person must own a share therein representing the unit or portion of the structure in which he or she resides. For purposes of this subsection, a residence owned by a marital community or owned by cotenants shall be deemed to be owned by each spouse or cotenant, and any lease for life shall be deemed a life estate;
(3) The person claiming the exemption must be sixty-one years of age or older on December 31st of the year in which the exemption claim is filed, or must have been, at the time of filing, retired from regular gainful employment by reason of physical disability: PROVIDED, That any surviving spouse of a person who was receiving an exemption at the time of the person's death shall qualify if the surviving spouse is fifty-seven years of age or older and otherwise meets the requirements of this section;
(4) The amount that the person shall be exempt from an obligation to pay shall be calculated on the basis of combined disposable income, as defined in RCW 84.36.383. If the person claiming the exemption was retired for two months or more of the preceding year, the combined disposable income of such person shall be calculated by multiplying the average monthly combined disposable income of such person during the months such person was retired by twelve. If the income of the person claiming exemption is reduced for two or more months of the preceding year by reason of the death of the person's spouse, the combined disposable income of such person shall be calculated by multiplying the average monthly combined disposable income of such person after the death of the spouse by twelve.
(5)(a) A person who otherwise qualifies under this section and has a combined disposable income of ((twenty-six)) twenty-eight thousand dollars or less shall be exempt from all excess property taxes; and
(b)(i) A person who otherwise qualifies under this section and has a combined disposable income of eighteen thousand dollars or less but greater than fifteen thousand dollars shall be exempt from all regular property taxes on the greater of thirty thousand dollars or thirty percent of the valuation of his or her residence, but not to exceed fifty thousand dollars of the valuation of his or her residence; or
(ii) A person who otherwise qualifies under this section and has a combined disposable income of fifteen thousand dollars or less shall be exempt from all regular property taxes on the greater of thirty-four thousand dollars or fifty percent of the valuation of his or her residence.
NEW SECTION. Sec. 2. Section 1 of this act shall be effective for taxes levied for collection in 1995 and thereafter.
NEW SECTION. Sec. 3. If a court enters a final order invalidating or remanding section 1 of this act on the grounds that it does not comply with section 13, chapter 2, Laws of 1994, this measure shall be submitted to the people for their adoption, 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."
On page 1, line 2 of the title, after "disability;" strike the remainder of the title and insert "amending RCW 84.36.381; creating a new section; and providing for submission of this act to a vote of the people."
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Holm moved that the House not concur in the Senate amendments to Engrossed House Bill No. 2670 and ask the Senate for a conference thereon. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives G. Fisher, Peery and Foreman as Conferees on Engrossed House Bill No. 2670.
SIGNED BY THE SPEAKER
The Speaker announced he was signing:
SUBSTITUTE HOUSE BILL NO. 1122,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1182,
SUBSTITUTE HOUSE BILL NO. 2235,
The Speaker called upon Representative Wang to preside.
SENATE AMENDMENTS TO HOUSE BILL
March 3, 1994
Mr. Speaker:
The Senate has passed SECOND SUBSTITUTE HOUSE BILL NO. 2210 with the following amendments:
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.
Sec. 3. 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. 4. 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.
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."
On page 1, line 1 of the title, after "education;" strike the remainder of the title and insert "amending RCW 28B.50.040 and 28B.45.020; adding new sections to chapter 28B.50 RCW; and declaring an emergency."
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Quall moved that the House concur in the Senate amendments to Second Substitute House Bill No. 2210 and pass the bill as amended by the Senate.
Representative Quall spoke in favor of the motion. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative Wang presiding) stated the question before the House to be final passage of Second Substitute House Bill No. 2210 as amended by the Senate.
Representatives Cothern and Brumsickle spoke in favor of passage of the bill and Representative Heavey spoke against it.
Representative Cothern again spoke in favor of the passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 2210, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 85, Nays - 9, Absent - 1, Excused - 3.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Eide, Finkbeiner, Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Karahalios, Kessler, King, Kohl, J., Kremen, Leonard, Linville, Long, Mastin, McMorris, Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Peery, Pruitt, Quall, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wolfe, Wood, Zellinsky and Mr. Speaker - 85.
Voting nay: Representatives Chandler, Edmondson, Fisher, G., Heavey, Jones, Lemmon, Lisk, Patterson and Rayburn - 9.
Absent: Representative Sheahan - 1.
Excused: Representatives Meyers, R., Riley and Wineberry - 3.
Second Substitute House Bill No. 2210 as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 4, 1994
Mr. Speaker:
The Senate has passed SECOND SUBSTITUTE HOUSE BILL NO. 2228, with the following amendments:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature intends with this act to clarify the state's public policy on gambling regarding the frequency of state lottery drawings, the means of addressing problem and compulsive gambling, and the enforcement of the state's gambling laws. This act is intended to clarify the specific types of games prohibited in chapter 9.46 RCW and is not intended to add to existing law regarding prohibited activities. The legislature recognizes that slot machines, video pull-tabs, video poker, and other electronic games of chance have been considered to be gambling devices before the effective date of this act.
Sec. 2. RCW 9.46.010 and 1975 1st ex.s. c 259 s 1 are each amended to read as follows:
The public policy of the state of Washington on gambling is to keep the criminal element out of gambling and to promote the social welfare of the people by limiting the nature and scope of gambling activities and by strict regulation and control.
It is hereby declared to be the policy of the legislature, recognizing the close relationship between professional gambling and organized crime, to restrain all persons from seeking profit from professional gambling activities in this state; to restrain all persons from patronizing such professional gambling activities; to safeguard the public against the evils induced by common gamblers and common gambling houses engaged in professional gambling; and at the same time, both to preserve the freedom of the press and to avoid restricting participation by individuals in activities and social pastimes, which activities and social pastimes are more for amusement rather than for profit, do not maliciously affect the public, and do not breach the peace.
The legislature further declares that the raising of funds for the promotion of bona fide charitable or nonprofit organizations is in the public interest as is participation in such activities and social pastimes as are hereinafter in this chapter authorized.
The legislature further declares that the conducting of bingo, raffles, and amusement games and the operation of punch boards, pull-tabs, card games and other social pastimes, when conducted pursuant to the provisions of this chapter and any rules and regulations adopted pursuant thereto, are hereby authorized, as are only such lotteries for which no valuable consideration has been paid or agreed to be paid as hereinafter in this chapter provided.
The legislature further declares that fishing derbies shall not constitute any form of gambling and shall not be considered as a lottery, a raffle, or an amusement game and shall not be subject to the provisions of this chapter or any rules and regulations adopted hereunder.
All factors incident to the activities authorized in this chapter shall be closely controlled, and the provisions of this chapter shall be liberally construed to achieve such end.
Sec. 3. RCW 67.70.010 and 1987 c 511 s 1 are each amended to read as follows:
For the purposes of this chapter:
(1) "Commission" means the state lottery commission established by this chapter;
(2) (("Lottery" or "state lottery" means the lottery established and operated pursuant to this chapter;
(3))) "Director" means the director of the state lottery established by this chapter;
(3) "Lottery" or "state lottery" means the lottery established and operated pursuant to this chapter;
(4) "On-line game" means a lottery game in which a player pays a fee to a lottery retailer and selects a combination of digits, numbers, or symbols, type and amount of play, and receives a computer-generated ticket with those selections, and the lottery separately draws or selects the winning combination or combinations.
Sec. 4. 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)). Approval of the legislature is required before conducting any on-line game in which the drawing or selection of winning tickets occurs more frequently than once every twenty-four hours;
(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;
(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. 5. RCW 67.70.190 and 1988 c 289 s 802 are each amended to read as follows:
(((1))) Unclaimed prizes shall be retained in the state lottery account for the person entitled thereto for one hundred eighty days after the drawing in which the prize is won, or after the official end of the game for instant prizes. If no claim is made for the prize within this time, the prize shall be retained in the state lottery fund for further use as prizes((, except as provided in subsection (2) of this section)), and all rights to the prize shall be extinguished.
(((2) During the fiscal year ending June 30, 1989, moneys from unclaimed prizes shall be used as follows:
(a) Fifty percent of the moneys, not exceeding one million dollars, shall be deposited quarterly in the general fund.
(b) The remainder of the moneys shall be retained in the state lottery account for further use as prizes.))
NEW SECTION. Sec. 6. The legislature recognizes that some individuals in this state are problem or compulsive gamblers. Because the state promotes and regulates gambling through the activities of the state lottery commission, the Washington horse racing commission, and the Washington state gambling commission, the state has the responsibility to continue to provide resources for the support of services for problem and compulsive gamblers. Therefore, the Washington state gambling commission, the Washington horse racing commission, and the state lottery commission shall jointly develop informational signs concerning problem and compulsive gambling which include a toll-free hot line number for problem and compulsive gamblers. The signs shall be placed in the establishments of gambling licensees, horse racing licensees, and lottery retailers.
NEW SECTION. Sec. 7. A new section is added to chapter 9.46 RCW to read as follows:
(1) The following are subject to seizure and forfeiture and no property right exists in them:
(a) All gambling devices as defined in this chapter;
(b) All furnishings, fixtures, equipment, and stock, including without limitation furnishings and fixtures adaptable to nongambling uses and equipment and stock for printing, recording, computing, transporting, or safekeeping, used in connection with professional gambling or maintaining a gambling premises;
(c) All conveyances, including aircraft, vehicles, or vessels, that are used, or intended for use, in any manner to facilitate the sale, delivery, receipt, or operation of any gambling device, or the promotion or operation of a professional gambling activity, except that:
(i) A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter;
(ii) A conveyance is not subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without the owner's knowledge or consent;
(iii) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the act or omission; and
(iv) If the owner of a conveyance has been arrested under this chapter the conveyance in which the person is arrested may not be subject to forfeiture unless it is seized or process is issued for its seizure within ten days of the owner's arrest;
(d) All books, records, and research products and materials, including formulas, microfilm, tapes, and electronic data that are used, or intended for use, in violation of this chapter;
(e) All moneys, negotiable instruments, securities, or other tangible or intangible property of value at stake or displayed in or in connection with professional gambling activity or furnished or intended to be furnished by any person to facilitate the promotion or operation of a professional gambling activity;
(f) All tangible or intangible personal property, proceeds, or assets acquired in whole or in part with proceeds traceable to professional gambling activity and all moneys, negotiable instruments, and securities used or intended to be used to facilitate any violation of this chapter. A forfeiture of money, negotiable instruments, securities, or other tangible or intangible property encumbered by a bona fide security interest is subject to the interest of the secured party if, at the time the security interest was created, the secured party neither had knowledge of nor consented to the act or omission. Personal property may not be forfeited under this subsection (1)(f), to the extent of the interest of an owner, by reason of any act or omission that that owner establishes was committed or omitted without the owner's knowledge or consent; and
(g) All real property, including any right, title, and interest in the whole of any lot or tract of land, and any appurtenances or improvements that:
(i) Have been used with the knowledge of the owner for the manufacturing, processing, delivery, importing, or exporting of any illegal gambling equipment, or operation of a professional gambling activity that would constitute a felony violation of this chapter; or
(ii) Have been acquired in whole or in part with proceeds traceable to a professional gambling activity, if the activity is not less than a class C felony.
Real property forfeited under this chapter that is encumbered by a bona fide security interest remains subject to the interest of the secured party if the secured party, at the time the security interest was created, neither had knowledge of nor consented to the act or omission. Property may not be forfeited under this subsection, to the extent of the interest of an owner, by reason of any act or omission committed or omitted without the owner's knowledge or consent.
(2)(a) A law enforcement officer of this state may seize real or personal property subject to forfeiture under this chapter upon process issued by any superior court having jurisdiction over the property. Seizure of real property includes the filing of a lis pendens by the seizing agency. Real property seized under this section may not be transferred or otherwise conveyed until ninety days after seizure or until a judgment of forfeiture is entered, whichever is later, but real property seized under this section may be transferred or conveyed to any person or entity who acquires title by foreclosure or deed in lieu of foreclosure of a bona fide security interest.
(b) Seizure of personal property without process may be made if:
(i) The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant;
(ii) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this chapter;
(iii) A law enforcement officer has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
(iv) The law enforcement officer has probable cause to believe that the property was used or is intended to be used in violation of this chapter.
(3) In the event of seizure under subsection (2) of this section, proceedings for forfeiture are deemed commenced by the seizure. The law enforcement agency under whose authority the seizure was made shall cause notice to be served within fifteen days following the seizure on the owner of the property seized and the person in charge thereof and any person having any known right or interest therein, including any community property interest, of the seizure and intended forfeiture of the seized property. Service of notice of seizure of real property must be made according to the rules of civil procedure. However, the state may not obtain a default judgment with respect to real property against a party who is served by substituted service absent an affidavit stating that a good faith effort has been made to ascertain if the defaulted party is incarcerated within the state, and that there is no present basis to believe that the party is incarcerated within the state. Notice of seizure in the case of property subject to a security interest that has been perfected by filing a financing statement in accordance with chapter 62A.9 RCW, or a certificate of title, must 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. The notice of seizure in other cases 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 deemed complete upon mailing within the fifteen-day period following the seizure.
(4) If no person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of items specified in subsection (1) (c), (e), (f), or (g) of this section within forty-five days of the seizure in the case of personal property and ninety days in the case of real property, the item seized is deemed forfeited. The community property interest in real property of a person whose spouse committed a violation giving rise to seizure of the real property may not be forfeited if the person did not participate in the violation.
(5) If any person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of items specified in subsection (1) (b), (c), (d), (e), (f), or (g) of this section within forty-five days of the seizure in the case of personal property and ninety days in the case of real property, the person or persons must be afforded a reasonable opportunity to be heard as to the claim or right. The hearing must be before the chief law enforcement officer of the seizing agency or the chief law enforcement officer's designee, except if the seizing agency is a state agency as defined in RCW 34.12.020(4), the hearing must 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 of any matter involving personal property 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 must be the district court if the aggregate value of personal property is within the jurisdictional limit set forth in RCW 3.66.020. A hearing before the seizing agency and any appeal therefrom must be under Title 34 RCW. In a court hearing between two or more claimants to the article or articles involved, the prevailing party is entitled to a judgment for costs and reasonable attorneys' fees. In cases involving personal property, the burden of producing evidence is upon the person claiming to be the lawful owner or the person claiming to have the lawful right to possession of the property. In cases involving real property, the burden of producing evidence is upon the law enforcement agency. The burden of proof that the seized real property is subject to forfeiture is upon the law enforcement agency. The seizing law enforcement agency shall promptly return the article or articles to the claimant upon a final determination by the administrative law judge or court that the claimant is the present lawful owner or is lawfully entitled to possession thereof of items specified in subsection (1) (b), (c), (d), (e), (f), or (g) of this section.
(6) If property is forfeited under this chapter the seizing law enforcement agency may:
(a) Retain it for official use or upon application by any law enforcement agency of this state release the property to the agency for training or use in enforcing this chapter;
(b) Sell that which is not required to be destroyed by law and which is not harmful to the public; or
(c) Destroy any articles that may not be lawfully possessed within the state of Washington, or that have a fair market value of less than one hundred dollars.
(7)(a) If property is forfeited, the seizing agency shall keep a record indicating the identity of the prior owner, if known, a description of the property, the disposition of the property, the value of the property at the time of seizure, and the amount of proceeds realized from disposition of the property. The net proceeds of forfeited property is the value of the forfeitable interest in the property after deducting the cost of satisfying any bona fide security interest to which the property is subject at the time of seizure, and in the case of sold property, after deducting the cost of sale, including reasonable fees or commissions paid to independent selling agents.
(b) Each seizing agency shall retain records of forfeited property for at least seven years.
(c) Each seizing agency shall file a report including a copy of the records of forfeited property with the state treasurer the calendar quarter after the end of the fiscal year.
(d) The annual report need not include a record of forfeited property that is still being held for use as evidence during the investigation or prosecution of a case or during the appeal from a conviction.
(8) The seizing law enforcement agency shall retain forfeited property and net proceeds exclusively for the expansion and improvement of gambling-related law enforcement activity. Money retained under this section may not be used to supplant preexisting funding sources.
(9) Gambling devices that are possessed, transferred, sold, or offered for sale in violation of this chapter are contraband and must be seized and summarily forfeited to the state. Gambling equipment that is seized or comes into the possession of a law enforcement agency, the owners of which are unknown, are contraband and must be summarily forfeited to the state.
(10) Upon the entry of an order of forfeiture of real property, the court shall forward a copy of the order to the assessor of the county in which the property is located. The superior court shall enter orders for the forfeiture of real property, subject to court rules. The seizing agency shall file such an order in the county auditor's records in the county in which the real property is located.
(11)(a) A landlord may assert a claim against proceeds from the sale of assets seized and forfeited under subsection (6)(b) of this section, only if:
(i) A law enforcement officer, while acting in his or her official capacity, directly caused damage to the complaining landlord's property while executing a search of a tenant's residence; and
(ii) The landlord has applied any funds remaining in the tenant's deposit, to which the landlord has a right under chapter 59.18 RCW, to cover the damage directly caused by a law enforcement officer before asserting a claim under this section.
(A) Only if the funds applied under (a)(ii) of this subsection are insufficient to satisfy the damage directly caused by a law enforcement officer, may the landlord seek compensation for the damage by filing a claim against the governmental entity under whose authority the law enforcement agency operates within thirty days after the search; and
(B) Only if the governmental entity denies or fails to respond to the landlord's claim within sixty days of the date of filing, may the landlord collect damages under this subsection by filing within thirty days of denial or the expiration of the sixty-day period, whichever occurs first, a claim with the seizing law enforcement agency. The seizing law enforcement agency shall notify the landlord of the status of the claim by the end of the thirty-day period. This section does not require the claim to be paid by the end of the sixty-day or thirty-day period.
(b) For any claim filed under (a)(ii) of this subsection, the law enforcement agency shall pay the claim unless the agency provides substantial proof that the landlord either:
(i) Knew or consented to actions of the tenant in violation of this chapter; or
(ii) Failed to respond to a notification of the illegal activity, provided by a law enforcement agency within seven days of receipt of notification of the illegal activity.
(12) The landlord's claim for damages under subsection (11) of this section may not include a claim for loss of business and is limited to:
(a) Damage to tangible property and clean-up costs;
(b) The lesser of the cost of repair or fair market value of the damage directly caused by a law enforcement officer;
(c) The proceeds from the sale of the specific tenant's property seized and forfeited under subsection (6)(b) of this section; and
(d) The proceeds available after the seizing law enforcement agency satisfies any bona fide security interest in the tenant's property and costs related to sale of the tenant's property as provided by subsection (7)(a) of this section.
(13) Subsections (11) and (12) of this section do not limit any other rights a landlord may have against a tenant to collect for damages. However, if a law enforcement agency satisfies a landlord's claim under subsection (11) of this section, the rights the landlord has against the tenant for damages directly caused by a law enforcement officer under the terms of the landlord and tenant's contract are subrogated to the law enforcement agency.
Sec. 8. RCW 9.46.0241 and 1987 c 4 s 11 are each amended to read as follows:
"Gambling device," as used in this chapter, means: (1) Any device or mechanism the operation of which a right to money, credits, deposits or other things of value may be created, in return for a consideration, as the result of the operation of an element of chance, including, but not limited to slot machines, video pull-tabs, video poker, and other electronic games of chance; (2) any device or mechanism which, when operated for a consideration, does not return the same value or thing of value for the same consideration upon each operation thereof; (3) any device, mechanism, furniture, fixture, construction or installation designed primarily for use in connection with professional gambling; and (4) any subassembly or essential part designed or intended for use in connection with any such device, mechanism, furniture, fixture, construction or installation. In the application of this definition, a pinball machine or similar mechanical amusement device which confers only an immediate and unrecorded right of replay on players thereof, which does not contain any mechanism which varies the chance of winning free games or the number of free games which may be won or a mechanism or a chute for dispensing coins or a facsimile thereof, and which prohibits multiple winnings depending upon the number of coins inserted and requires the playing of five balls individually upon the insertion of a nickel or dime, as the case may be, to complete any one operation thereof, shall not be deemed a gambling device: PROVIDED, That owning, possessing, buying, selling, renting, leasing, financing, holding a security interest in, storing, repairing and transporting such pinball machines or similar mechanical amusement devices shall not be deemed engaging in professional gambling for the purposes of this chapter and shall not be a violation of this chapter: PROVIDED FURTHER, That any fee for the purchase or rental of any such pinball machines or similar amusement devices shall have no relation to the use to which such machines are put but be based only upon the market value of any such machine, regardless of the location of or type of premises where used, and any fee for the storing, repairing and transporting thereof shall have no relation to the use to which such machines are put, but be commensurate with the cost of labor and other expenses incurred in any such storing, repairing and transporting.
NEW SECTION. Sec. 9. A new section is added to chapter 9.46 RCW to read as follows:
Whoever knowingly owns, manufactures, possesses, buys, sells, rents, leases, finances, holds a security interest in, stores, repairs, or transports any gambling device or offers or solicits any interest therein, whether through an agent or employee or otherwise, is guilty of a felony and shall be fined not more than one hundred thousand dollars or imprisoned not more than five years or both. However, this section does not apply to persons licensed by the commission, or who are otherwise authorized by this chapter, or by commission rule, to conduct gambling activities without a license, respecting devices that are to be used, or are being used, solely in that activity for which the license was issued, or for which the person has been otherwise authorized if:
(1) The person is acting in conformance with this chapter and the rules adopted under this chapter; and
(2) The devices are a type and kind traditionally and usually employed in connection with the particular activity. This section also does not apply to any act or acts by the persons in furtherance of the activity for which the license was issued, or for which the person is authorized, when the activity is conducted in compliance with this chapter and in accordance with the rules adopted under this chapter. In the enforcement of this section direct possession of any such a gambling device is presumed to be knowing possession thereof.
NEW SECTION. Sec. 10. A new section is added to chapter 9.46 RCW to read as follows:
Whoever knowingly prints, makes, possesses, stores, or transports any gambling record, or buys, sells, offers, or solicits any interest therein, whether through an agent or employee or otherwise, is guilty of a gross misdemeanor. However, this section does not apply to records relating to and kept for activities authorized by this chapter when the records are of the type and kind traditionally and usually employed in connection with the particular activity. This section also does not apply to any act or acts in furtherance of the activities when conducted in compliance with this chapter and in accordance with the rules adopted under this chapter. In the enforcement of this section direct possession of any such a gambling record is presumed to be knowing possession thereof.
Sec. 11. RCW 9.46.220 and 1991 c 261 s 10 are each amended to read as follows:
(1) A person is guilty of professional gambling in the first degree if he or she engages in, or knowingly causes, aids, abets, or conspires with another to engage in professional gambling as defined in this chapter, and:
(a) While engaging in professional gambling acts in concert with or conspires with five or more people;
(b) Accepts wagers exceeding five thousand dollars during any ((calendar month)) thirty-day period on future contingent events; or
(c) Operates, manages, or profits from the operation of a premises or location where persons are charged a fee to participate in card games, lotteries, or other gambling activities that are not authorized by this chapter or licensed by the commission.
(2) However, this section shall not apply to those activities enumerated in RCW 9.46.0305 through 9.46.0361 or to any act or acts in furtherance of such activities when conducted in compliance with the provisions of this chapter and in accordance with the rules adopted pursuant to this chapter.
(3) Professional gambling in the first degree is a class B felony subject to the penalty set forth in RCW 9A.20.021.
Sec. 12. RCW 9.46.221 and 1991 c 261 s 11 are each amended to read as follows:
(1) A person is guilty of professional gambling in the second degree if he or she engages in or knowingly causes, aids, abets, or conspires with another to engage in professional gambling as defined in this chapter, and:
(a) While engaging in professional gambling acts in concert with or conspires with less than five people;
(b) Accepts wagers exceeding two thousand dollars during any ((calendar month)) thirty-day period on future contingent events;
(c) Maintains a "gambling premises" as defined in this chapter; or
(d) Maintains gambling records as defined in RCW ((9.46.020)) 9.46.0253.
(2) However, this section shall not apply to those activities enumerated in RCW 9.46.0305 through 9.46.0361 or to any act or acts in furtherance of such activities when conducted in compliance with the provisions of this chapter and in accordance with the rules adopted pursuant to this chapter.
(3) Professional gambling in the second degree is a class C felony subject to the penalty set forth in RCW 9A.20.021.
Sec. 13. RCW 9.46.222 and 1991 c 261 s 12 are each amended to read as follows:
(1) A person is guilty of professional gambling in the third degree if he or she engages in, or knowingly causes, aids, abets, or conspires with another to engage in professional gambling as defined in this chapter((;)), and:
(a) His or her conduct does not constitute first or second degree professional gambling;
(b) He or she operates any of the unlicensed gambling activities authorized by this chapter in a manner other than as prescribed by this chapter; or
(c) He or she is directly employed in but not managing or directing any gambling operation.
(2) This section shall not apply to those activities enumerated in RCW 9.46.0305 through 9.46.0361 or to any acts in furtherance of such activities when conducted in compliance with the provisions of this chapter and the rules adopted pursuant to this chapter.
(3) Professional gambling in the third degree is a gross misdemeanor subject to the penalty established in RCW 9A.20.021.
Sec. 14. RCW 9.46.080 and 1981 c 139 s 6 are each amended to read as follows:
The commission shall employ a full time director, who shall be the administrator for the commission in carrying out its powers and duties and who shall issue rules and regulations adopted by the commission governing the activities authorized hereunder and shall supervise commission employees in carrying out the purposes and provisions of this chapter. In addition, the director shall employ a deputy director, ((two)) not more than three assistant directors, together with such investigators and enforcement officers and such staff as the commission determines is necessary to carry out the purposes and provisions of this chapter. The director, the deputy director, ((both)) the assistant directors, and personnel occupying positions requiring the performing of undercover investigative work shall be exempt from the provisions of chapter 41.06 RCW, as now law or hereafter amended. Neither the director nor any commission employee working therefor shall be an officer or manager of any bona fide charitable or bona fide nonprofit organization, or of any organization which conducts gambling activity in this state.
The director, subject to the approval of the commission, is authorized to enter into agreements on behalf of the commission for mutual assistance and services, based upon actual costs, with any state or federal agency or with any city, town, or county, and such state or local agency is authorized to enter into such an agreement with the commission. If a needed service is not available from another agency of state government within a reasonable time, the director may obtain that service from private industry.
Sec. 15. RCW 9.46.235 and 1987 c 191 s 1 are each amended to read as follows:
(1) For purposes of a prosecution under ((RCW 9.46.230(4))) section 9 of this act or a seizure, confiscation, or destruction order under ((RCW 9.46.230(1))) section 7 of this act, it shall be a defense that the gambling device involved is an antique slot machine and that the antique slot machine was not operated for gambling purposes while in the owner's or defendant's possession. Operation of an antique slot machine shall be only by free play or with coins provided at no cost by the owner. No slot machine, having been seized under this chapter, may be altered, destroyed, or disposed of without affording the owner thereof an opportunity to present a defense under this section. If the defense is applicable, the antique slot machine shall be returned to the owner or defendant, as the court may direct.
(2) ((RCW 9.46.230(2))) Section 7 of this act shall have no application to any antique slot machine that has not been operated for gambling purposes while in the owner's possession.
(3) For the purposes of this section, a slot machine shall be conclusively presumed to be an antique slot machine if it is at least twenty-five years old.
(4) Sections 7 and 9 of this act do not apply to gambling devices on board a passenger cruise ship which has been registered and bonded with the federal maritime commission, if the gambling devices are not operated for gambling purposes within the state.
Sec. 16. RCW 9.46.260 and 1973 1st ex.s. c 218 s 26 are each amended to read as follows:
Proof of possession of any device used for professional gambling or any record relating to professional gambling specified in ((RCW 9.46.230)) section 9 of this act is prima facie evidence of possession thereof with knowledge of its character or contents.
Sec. 17. RCW 9A.82.010 and 1992 c 210 s 6 and 1992 c 145 s 13 are each reenacted and amended to read as follows:
Unless the context requires the contrary, the definitions in this section apply throughout this chapter.
(1) "Creditor" means a person making an extension of credit or a person claiming by, under, or through a person making an extension of credit.
(2) "Debtor" means a person to whom an extension of credit is made or a person who guarantees the repayment of an extension of credit or in any manner undertakes to indemnify the creditor against loss resulting from the failure of a person to whom an extension is made to repay the same.
(3) "Extortionate extension of credit" means an extension of credit with respect to which it is the understanding of the creditor and the debtor at the time the extension is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property of any person.
(4) "Extortionate means" means the use, or an express or implicit threat of use, of violence or other criminal means to cause harm to the person, reputation, or property of any person.
(5) "To collect an extension of credit" means to induce in any way a person to make repayment thereof.
(6) "To extend credit" means to make or renew a loan or to enter into an agreement, tacit or express, whereby the repayment or satisfaction of a debt or claim, whether acknowledged or disputed, valid or invalid, and however arising, may or shall be deferred.
(7) "Repayment of an extension of credit" means the repayment, satisfaction, or discharge in whole or in part of a debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with that extension of credit.
(8) "Dealer in property" means a person who buys and sells property as a business.
(9) "Stolen property" means property that has been obtained by theft, robbery, or extortion.
(10) "Traffic" means to sell, transfer, distribute, dispense, or otherwise dispose of stolen property to another person, or to buy, receive, possess, or obtain control of stolen property, with intent to sell, transfer, distribute, dispense, or otherwise dispose of the property to another person.
(11) "Control" means the possession of a sufficient interest to permit substantial direction over the affairs of an enterprise.
(12) "Enterprise" includes any individual, sole proprietorship, partnership, corporation, business trust, or other profit or nonprofit legal entity, and includes any union, association, or group of individuals associated in fact although not a legal entity, and both illicit and licit enterprises and governmental and nongovernmental entities.
(13) "Financial institution" means any bank, trust company, savings and loan association, savings bank, mutual savings bank, credit union, or loan company under the jurisdiction of the state or an agency of the United States.
(14) "Criminal profiteering" means any act, including any anticipatory or completed offense, committed for financial gain, that is chargeable or indictable under the laws of the state in which the act occurred and, if the act occurred in a state other than this state, would be chargeable or indictable under the laws of this state had the act occurred in this state and punishable as a felony and by imprisonment for more than one year, regardless of whether the act is charged or indicted, as any of the following:
(a) Murder, as defined in RCW 9A.32.030 and 9A.32.050;
(b) Robbery, as defined in RCW 9A.56.200 and 9A.56.210;
(c) Kidnapping, as defined in RCW 9A.40.020 and 9A.40.030;
(d) Forgery, as defined in RCW 9A.60.020 and 9A.60.030;
(e) Theft, as defined in RCW 9A.56.030, 9A.56.040, 9A.56.060, and 9A.56.080;
(f) Child selling or child buying, as defined in RCW 9A.64.030;
(g) Bribery, as defined in RCW 9A.68.010, 9A.68.020, 9A.68.040, and 9A.68.050;
(h) Gambling, as defined in RCW 9.46.220 and ((9.46.230)) sections 9 and 10 of this act;
(i) Extortion, as defined in RCW 9A.56.120 and 9A.56.130;
(j) Extortionate extension of credit, as defined in RCW 9A.82.020;
(k) Advancing money for use in an extortionate extension of credit, as defined in RCW 9A.82.030;
(l) Collection of an extortionate extension of credit, as defined in RCW 9A.82.040;
(m) Collection of an unlawful debt, as defined in RCW 9A.82.045;
(n) Delivery or manufacture of controlled substances or possession with intent to deliver or manufacture controlled substances under chapter 69.50 RCW;
(o) Trafficking in stolen property, as defined in RCW 9A.82.050;
(p) Leading organized crime, as defined in RCW 9A.82.060;
(q) Money laundering, as defined in RCW 9A.83.020;
(r) Obstructing criminal investigations or prosecutions in violation of RCW 9A.72.090, 9A.72.100, 9A.72.110, 9A.72.120, 9A.72.130, 9A.76.070, or 9A.76.180;
(s) Fraud in the purchase or sale of securities, as defined in RCW 21.20.010;
(t) Promoting pornography, as defined in RCW 9.68.140;
(u) Sexual exploitation of children, as defined in RCW 9.68A.040, 9.68A.050, and 9.68A.060;
(v) Promoting prostitution, as defined in RCW 9A.88.070 and 9A.88.080;
(w) Arson, as defined in RCW 9A.48.020 and 9A.48.030;
(x) Assault, as defined in RCW 9A.36.011 and 9A.36.021;
(y) Assault of a child, as defined in RCW 9A.36.120 and 9A.36.130;
(z) A pattern of equity skimming, as defined in RCW 61.34.020; or
(aa) Commercial telephone solicitation in violation of RCW 19.158.040(1).
(15) "Pattern of criminal profiteering activity" means engaging in at least three acts of criminal profiteering, one of which occurred after July 1, 1985, and the last of which occurred within five years, excluding any period of imprisonment, after the commission of the earliest act of criminal profiteering. In order to constitute a pattern, the three acts must have the same or similar intent, results, accomplices, principals, victims, or methods of commission, or be otherwise interrelated by distinguishing characteristics including a nexus to the same enterprise, and must not be isolated events. However, in any civil proceedings brought pursuant to RCW 9A.82.100 by any person other than the attorney general or county prosecuting attorney in which one or more acts of fraud in the purchase or sale of securities are asserted as acts of criminal profiteering activity, it is a condition to civil liability under RCW 9A.82.100 that the defendant has been convicted in a criminal proceeding of fraud in the purchase or sale of securities under RCW 21.20.400 or under the laws of another state or of the United States requiring the same elements of proof, but such conviction need not relate to any act or acts asserted as acts of criminal profiteering activity in such civil action under RCW 9A.82.100.
(16) "Records" means any book, paper, writing, record, computer program, or other material.
(17) "Documentary material" means any book, paper, document, writing, drawing, graph, chart, photograph, phonograph record, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into usable form, or other tangible item.
(18) "Unlawful debt" means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in the state in full or in part because the debt was incurred or contracted:
(a) In violation of any one of the following:
(i) Chapter 67.16 RCW relating to horse racing;
(ii) Chapter 9.46 RCW relating to gambling;
(b) In a gambling activity in violation of federal law; or
(c) In connection with the business of lending money or a thing of value at a rate that is at least twice the permitted rate under the applicable state or federal law relating to usury.
(19)(a) "Beneficial interest" means:
(i) The interest of a person as a beneficiary under a trust established under Title 11 RCW in which the trustee for the trust holds legal or record title to real property;
(ii) The interest of a person as a beneficiary under any other trust arrangement under which a trustee holds legal or record title to real property for the benefit of the beneficiary; or
(iii) The interest of a person under any other form of express fiduciary arrangement under which one person holds legal or record title to real property for the benefit of the other person.
(b) "Beneficial interest" does not include the interest of a stockholder in a corporation or the interest of a partner in a general partnership or limited partnership.
(c) A beneficial interest shall be considered to be located where the real property owned by the trustee is located.
(20) "Real property" means any real property or interest in real property, including but not limited to a land sale contract, lease, or mortgage of real property.
(21)(a) "Trustee" means:
(i) A person acting as a trustee under a trust established under Title 11 RCW in which the trustee holds legal or record title to real property;
(ii) A person who holds legal or record title to real property in which another person has a beneficial interest; or
(iii) A successor trustee to a person who is a trustee under subsection (21)(a) (i) or (ii) of this section.
(b) "Trustee" does not mean a person appointed or acting as:
(i) A personal representative under Title 11 RCW;
(ii) A trustee of any testamentary trust;
(iii) A trustee of any indenture of trust under which a bond is issued; or
(iv) A trustee under a deed of trust.
Sec. 18. RCW 10.105.900 and 1993 c 288 s 1 are each amended to read as follows:
This chapter does not apply to property subject to forfeiture under chapter 66.32 RCW, RCW 69.50.505, 9.41.098, ((9.46.230)) section 7 of this act, 9A.82.100, 9A.83.030, 7.48.090, or 77.12.101.
NEW SECTION. Sec. 19. RCW 9.46.230 and 1987 c 202 s 139, 1987 c 4 s 43, 1981 c 139 s 12, 1977 ex.s. c 326 s 16, 1974 ex.s. c 155 s 5, 1974 ex.s. c 135 s 5, & 1973 1st ex.s. c 218 s 23 are each repealed.
NEW SECTION. Sec. 20. 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."
On page 1, line 4 of the title, after "laws;" strike the remainder of the title and insert "amending RCW 9.46.010, 67.70.010, 67.70.040, 67.70.190, 9.46.0241, 9.46.220, 9.46.221, 9.46.222, 9.46.080, 9.46.235, 9.46.260, and 10.105.900; reenacting and amending RCW 9A.82.010; adding new sections to chapter 9.46 RCW; creating new sections; repealing RCW 9.46.230; prescribing penalties; and declaring an emergency."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Holm moved that the House concur in the Senate amendments to Second Substitute House Bill No. 2228 and pass the bill as amended by the Senate. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative Wang presiding) stated the question before the House to be final passage of Second Substitute House Bill No. 2228 as amended by the Senate.
Representatives Holm, Lisk and Heavey spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 2228, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 90, Nays - 5, Absent - 0, Excused - 3.
Voting yea: Representatives Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brumsickle, Campbell, Carlson, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, 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, Leonard, Linville, Lisk, Long, Mastin, McMorris, Mielke, Moak, Morris, Myers, H., Ogden, Orr, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wolfe, Wood, Zellinsky and Mr. Speaker - 90.
Voting nay: Representatives Anderson, Brown, Dellwo, Sheldon and Thibaudeau - 5.
Excused: Representatives Meyers, R., Riley and Wineberry - 3.
Second Substitute House Bill No. 2228 as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 4, 1994
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 2512 with the following amendment:
On page 2, after line 17 insert the following:
"(3) The department may provide funds, under this section, for youth in the care and custody of a tribe or through a tribal court, for the treatment of sexually aggressive youth only if: (a) The tribe uses the same or equivalent definitions and standards for determining which youth are sexually aggressive; and (b) The department seeks to recover any federal funds available for the treatment of youth."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Leonard moved that the House concur in the Senate amendments to House Bill No. 2512 and pass the bill as amended by the Senate.
Representative Cooke spoke in favor of the motion. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative Wang presiding) stated the question before the House to be final passage of House Bill No. 2512 as amended by the Senate.
Representatives Leonard and Cooke spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2512, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, 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, Leonard, Linville, Lisk, Long, Mastin, McMorris, Mielke, 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, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Excused: Representatives Meyers, R., Riley and Wineberry - 3.
House Bill No. 2512 as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 4, 1994
Mr. Speaker:
The Senate has passed ENGROSSED HOUSE BILL NO. 2521 with the following amendments:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. It is in the best interests of the citizens of the state of Washington to insure the highest degree of environmental protection while allowing the proper development and use of its natural resources, including its mineral resources. Metals mining can have significant positive and adverse impacts on the state and on local communities. The purpose of this chapter is to assure that metals mineral mining or milling operations are designed, constructed, and operated in a manner that promotes both economic opportunities and environmental and public health safeguards for the citizens of the state. It is the intent of the legislature to create a regulatory framework which yields, to the greatest extent possible, a metals mining industry that is compatible with these policies.
NEW SECTION. Sec. 2. The definitions set forth in this section apply throughout this chapter.
(1) "Metals mining and milling operation" means a mining operation extracting from the earth precious or base metal ore and processing the ore by treatment or concentration in a milling facility. It also refers to an expansion of an existing operation or any new metals mining operation if the expansion or new mining operation is likely to result in a significant, adverse environmental impact pursuant to the provisions of chapter 43.21C RCW. The extraction of dolomite, sand, gravel, aggregate, limestone, magnesite, silica rock, and zeolite or other nonmetallic minerals; and placer mining; and the smelting of aluminum are not metals mining and milling operations regulated under this chapter.
(2) "Milling" means the process of grinding or crushing ore and extracting the base or precious metal by chemical solution, electro winning, or flotation processes.
(3) "Heap leach extraction process" means the process of extracting base or precious metal ore by percolating solutions through ore in an open system and includes reprocessing of previously milled ore. The heap leach extraction process does not include leaching in a vat or tank.
(4) "In situ extraction" means the process of dissolving base or precious metals from their natural place in the geological setting and retrieving the solutions from which metals can be recovered.
(5) "Regulated substances" means any materials regulated under a waste discharge permit pursuant to the requirements of chapter 90.48 RCW and/or a permit issued pursuant to chapter 70.94 RCW.
(6) "To mitigate" means: (a) To avoid the adverse impact altogether by not taking a certain action or parts of an action; (b) to minimize adverse impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology or by taking affirmative steps to avoid or reduce impacts; (c) to rectify adverse impacts by repairing, rehabilitating, or restoring the affected environment; (d) to reduce or eliminate adverse impacts over time by preservation and maintenance operations during the life of the action; (e) to compensate for the impact by replacing, enhancing, or providing substitute resources or environments; or (f) to monitor the adverse impact and take appropriate corrective measures.
NEW SECTION. Sec. 3. Metals mining and milling operations are subject to the requirements of this chapter in addition to the requirements established in other statutes and rules.
NEW SECTION. Sec. 4. The department of ecology shall require each applicant submitting a checklist pursuant to chapter 43.21C RCW for a metals mining and milling operation to disclose the ownership and each controlling interest in the proposed operation. The applicant shall also disclose all other mining operations within the United States which the applicant operates or in which the applicant has an ownership or controlling interest. In addition, the applicant shall disclose and may enumerate and describe the circumstances of: (1) Any past or present bankruptcies involving the ownerships and their subsidiaries, (2) any abandonment of sites regulated by the model toxics control act, chapter 70.105D RCW, or other similar state remedial cleanup programs, or the federal comprehensive environmental response, compensation, and liability act, 42 U.S.C. Sec. 9601 et seq., as amended, (3) any penalties in excess of ten thousand dollars assessed for violations of the provisions of 33 U.S.C. Sec. 1251 et seq. or 42 U.S.C. Sec. 7401 et seq., and (4) any previous forfeitures of financial assurance due to noncompliance with reclamation or remediation requirements. This information shall be available for public inspection and copying at the department of ecology. Ownership or control of less than ten percent of the stock of a corporation shall not by itself constitute ownership or a controlling interest under this section.
NEW SECTION. Sec. 5. (1) An environmental impact statement must be prepared for any proposed metals mining and milling operation. The department of ecology shall be the lead agency in coordinating the environmental review process under chapter 43.21C RCW and in preparing the environmental impact statement, except for uranium and thorium operations regulated under Title 70 RCW.
(2) As part of the environmental review of metals mining and milling operations regulated under this chapter, the applicant shall provide baseline data adequate to document the premining conditions at the proposed site of the metals mining and milling operation. The baseline data shall contain information on the elements of the natural environment identified in rules adopted pursuant to chapter 43.21C RCW.
(3) The department of ecology, after consultation with the department of fish and wildlife, shall incorporate measures to mitigate significant probable adverse impacts to fish and wildlife as part of the department of ecology's permit requirements for the proposed operation.
(4) In conducting the environmental review and preparing the environmental impact statement, the department of ecology shall cooperate with all affected local governments to the fullest extent practicable.
NEW SECTION. Sec. 6. The department of ecology will appoint a metals mining coordinator. The coordinator will maintain current information on the status of any metals mining and milling operation regulated under this chapter from the preparation of the environmental impact statement through the permitting, construction, operation, and reclamation phases of the project or until the proposal is no longer active. The coordinator shall also maintain current information on postclosure activities. The coordinator will act as a contact person for the applicant, the operator, and interested members of the public. The coordinator may also assist agencies with coordination of their inspection and monitoring responsibilities.
NEW SECTION. Sec. 7. (1) State agencies with the responsibility for inspecting metals mining and milling operations regulated under this chapter shall conduct such inspections at least quarterly: PROVIDED, That the inspections are not prevented by inclement weather conditions.
(2) The legislature encourages state agencies with inspection responsibilities for metals mining and milling operations regulated under this chapter to explore opportunities for cross-training of inspectors among state agencies and programs. This cross-training would be for the purpose of meeting the inspection responsibilities of these agencies in a more efficient and cost-effective manner. If doing so would be more efficient and cost-effective, state agency inspectors are also encouraged to coordinate inspections with federal and local government inspectors as well as with one another.
NEW SECTION. Sec. 8. (1) The metals mining account is created in the state treasury. Expenditures from this account are subject to appropriation. Expenditures from this account may only be used for: (a) The additional inspections of metals mining and milling operations required by section 7 of this act and (b) the metals mining coordinator established in section 6 of this act.
(2) (a) As part of its normal budget development process and in consultation with the metals mining industry, the department of ecology shall estimate the costs required for the department to meet its obligations for the additional inspections of metals mining and milling operations required by chapter . . ., Laws of 1994 (this act). The department shall also estimate the cost of employing the metals mining coordinator established in section 6 of this act.
(b) As part of its normal budget development process and in consultation with the metals mining industry, the department of natural resources shall estimate the costs required for the department to meet its obligations for the additional inspections of metals mining and milling operations required by chapter . . ., Laws of 1994 (this act).
(3) Based on the cost estimates generated by the department of ecology and the department of natural resources, the department of revenue shall establish the amount of a fee to be paid by each active metals mining and milling operation regulated under this chapter. The fee shall be established at a level to fully recover the direct and indirect costs of the agency responsibilities identified in subsection (2) of this section. The amount of the fee for each operation shall be proportional to the number of visits required per site. Each applicant for a metals mining and milling operation shall also be assessed the fee based on the same criterion. The department of revenue may adjust the fees established in this subsection if unanticipated activity in the industry increases or decreases the amount of funding necessary to meet agencies' inspection responsibilities.
(4) The department of revenue shall collect the fees established in subsection (3) of this section. Chapter 82.32 RCW, insofar as applicable, applies to the fees imposed under this section. All moneys paid to the department of revenue from these fees shall be deposited into the metals mining account.
(5) This section shall take effect July 1, 1995, unless the legislature adopts an alternative approach based on the recommendations of the metals mining advisory group established in section 27 of this act.
NEW SECTION. Sec. 9. (1) In the processing of an application for an initial waste discharge permit for a tailings facility pursuant to the requirements of chapter 90.48 RCW, the department of ecology shall consider site-specific criteria in determining a preferred location of tailings facilities of metals mining and milling operations and incorporate the requirements of all known available and reasonable methods in order to maintain the highest possible standards to insure the purity of all waters of the state in accordance with the public policy identified by RCW 90.48.010.
In implementing the siting criteria, the department shall take into account the objectives of the proponent's application relating to mining and milling operations. These objectives shall consist of, but not be limited to (a) operational feasibility, (b) compatibility with optimum tailings placement methods, (c) adequate volume capacity, (d) availability of construction materials, and (e) an optimized embankment volume.
(2) To meet the mandate of subsection (1) of this section, siting of tailings facilities shall be accomplished through a two-stage process that consists of a primary alternatives screening phase, and a secondary technical site investigation phase.
(3) The primary screening phase will consist of, but not be limited to, siting criteria based on considerations as to location as follows:
(a) Proximity to the one hundred year flood plain, as indicated in the most recent federal emergency management agency maps;
(b) Proximity to surface and ground water;
(c) Topographic setting;
(d) Identifiable adverse geologic conditions, such as landslides and active faults; and
(e) Visibility impacts of the public generally and residents more particularly.
(4) The department of ecology, through the primary screening process, shall reduce the available tailings facility sites to one or more feasible locations whereupon a technical site investigation phase shall be conducted by the department for the purpose of verifying the adequacy of the remaining potential sites. The technical site investigations phase shall consist of, but not be limited to, the following:
(a) Soil characteristics;
(b) Hydrologic characteristics;
(c) A local and structural geology evaluation, including seismic conditions and related geotechnical investigations;
(d) A surface water control analysis; and
(e) A slope stability analysis.
(5) Upon completion of the two phase evaluation process set forth in this section, the department of ecology shall issue a site selection report on the preferred location. This report shall address the above criteria as well as analyze the feasibility of reclamation and stabilization of the tailings facility. The siting report may recommend mitigation or engineering factors to address siting concerns. The report shall be developed in conjunction with the preparation of and contained in an environmental impact statement prepared pursuant to chapter 43.21C RCW. The report may be utilized by the department of ecology for the purpose of providing information related to the suitability of the site and for ruling on an application for a waste discharge permit.
(6) The department of ecology may, at its discretion, require the applicant to provide the information required in either phase one or phase two as described in subsections (3) and (4) of this section.
NEW SECTION. Sec. 10. (1) In order to receive a waste discharge permit from the department of ecology pursuant to the requirements of chapter 90.48 RCW or in order to operate a metals mining and milling tailing facility, an applicant proposing a metals mining and milling operation regulated under this chapter must meet the following additional requirements:
(a) Any tailings facility shall be designed and operated to prevent the release of pollution and must meet the following standards:
(i) Operators shall apply all known available and reasonable technology to limit the concentration of potentially toxic materials in the tailings facility to assure the protection of wildlife and human health;
(ii) The tailings facility shall have a containment system that includes an engineered liner system, leak detection and leak collection elements, and a seepage collection impoundment to assure that a leak of any regulated substance under chapter 90.48 RCW will be detected before escaping from the containment system. The design and management of the facility must ensure that any leaks from the tailings facility are detected in a manner which allows for remediation pursuant to chapter 90.48 RCW. The applicant shall prepare a detailed engineering report setting forth the facility design and construction. The applicant shall submit the report to the department of ecology for its review and approval of a design as determined by the department. Natural conditions, such as depth to ground water or net rainfall, shall be taken into account in the facility design, but not in lieu of the protection required by the engineered liner system;
(iii) The toxicity of mine or mill tailings and the potential for long-term release of regulated substances from mine or mill tailings shall be reduced to the greatest extent practicable through stabilization, removal, or reuse of the substances; and
(iv) The closure of the tailings facility shall provide for isolation or containment of potentially toxic materials and shall be designed to prevent future release of regulated substances contained in the impoundment;
(b) The applicant must develop a waste rock management plan approved by the department of ecology and the department of natural resources which emphasizes pollution prevention. At a minimum, the plan must contain the following elements:
(i) An accurate identification of the acid generating properties of the waste rock;
(ii) A strategy for encapsulating potentially toxic material from the environment, when appropriate, in order to prevent the release of heavy metals and acidic drainage; and
(iii) A plan for reclaiming and closing waste rock sites which minimizes infiltration of precipitation and runoff into the waste rock and which is designed to prevent future releases of regulated substances contained within the waste rock;
(c) If an interested citizen or citizen group so requests of the department of ecology, the metals mining and milling operator or applicant shall work with the department of ecology and the interested party to make arrangements for citizen observation and verification in the taking of required water samples. While it is the intent of this subsection to provide for citizen observation and verification of water sampling activities, it is not the intent of this subsection to require additional water sampling and analysis on the part of the mining and milling operation or the department. The citizen observation and verification program shall be incorporated into the applicant's, operator's, or department's normal sampling regimen and shall occur at least once every six months. There is no duty of care on the part of the state or its employees to any person who participates in the citizen observation and verification of water sampling under chapter . . ., Laws of 1994 (this act) and the state and its employees shall be immune from any civil lawsuit based on any injuries to or claims made by any person as a result of that person's participation in such observation and verification of water sampling activities. The metals mining and milling operator or applicant shall not be liable for any injuries to or claims made by any person which result from that person coming onto the property of the metals mining and milling operator or applicant as an observer pursuant to chapter . . ., Laws of 1994 (this act). The results from these and all other relevant water sampling activities shall be kept on file with the relevant county and shall be available for public inspection during normal working hours; and
(d) An operator or applicant for a metals mining and milling operation must complete a voluntary reduction plan in accordance with RCW 70.95C.200.
(2) Only those tailings facilities constructed after the effective date of this section must meet the requirement established in subsection (1) (a) of this section. Only those waste rock holdings constructed after the effective date of this section must meet the requirement established in subsection (1) (b) of this section.
NEW SECTION. Sec. 11. (1) The department of ecology and the department of natural resources shall not issue necessary permits to an applicant for a metals mining and milling operation until the applicant has deposited with the department of ecology a performance security which is acceptable to both agencies based on the requirements of subsection (2) of this section. This performance security may be:
(a) Bank letters of credit acceptable to both agencies;
(b) A cash deposit;
(c) Negotiable securities acceptable to both agencies;
(d) An assignment of a savings account;
(e) A savings certificate in a Washington bank; or
(f) A corporate surety bond executed in favor of the department of ecology by a corporation authorized to do business in the state of Washington under Title 48 RCW and acceptable to both agencies.
The agencies may, for any reason, refuse any performance security not deemed adequate.
(2) The performance security shall be conditioned on the faithful performance of the applicant or operator in meeting the following obligations:
(a) Compliance with the laws of the state of Washington pertaining to metals mining and milling operations and with the related rules and permit conditions established by state and local government with respect to those operations as defined in RCW 78.44.031(17) and the construction, operation, reclamation, and closure of a metals mining and milling operation;
(b) Postclosure environmental monitoring as determined by the department of ecology and the department of natural resources; and
(c) Provision of sufficient funding for cleanup of potential problems revealed during or after closure.
(3) The department of ecology and the department of natural resources shall jointly adopt rules for determining the amount of the performance security, requirements for the performance security, requirements for the issuer of the performance security, and any other requirements necessary for the implementation of this section.
(4) The department of ecology and the department of natural resources, acting jointly, may increase or decrease the amount of the performance security at any time to compensate for any alteration in the operation that affects meeting the obligations in subsection (2) of this section. At a minimum, the agencies shall jointly review the adequacy of the performance security every two years.
(5) Liability under the performance security shall be maintained until the obligations in subsection (2) of this section are met to the satisfaction of the department of ecology and the department of natural resources. Liability under the performance security may be released only upon written notification by the department of ecology, with the concurrence of the department of natural resources.
(6) Any interest or appreciation on the performance security shall be held by the department of ecology until the obligations in subsection (2) of this section have been met to the satisfaction of the department of ecology and the department of natural resources. At such time, the interest shall be remitted to the operator. However, if the applicant or operator fails to comply with the obligations of subsection (2) of this section, the interest or appreciation may be used by either agency to comply with the obligations.
NEW SECTION. Sec. 12. The department of ecology may, with staff, equipment, and material under its control, or by contract with others, remediate or mitigate any impact of a metals mining and milling operation when it finds that the operator or permit holder has failed to comply with relevant statutes, rules, or permits, and the operator or permit holder has failed to take adequate or timely action to rectify these impacts.
If the department intends to remediate or mitigate such impacts, the department shall issue an order to submit performance security requiring the permit holder or surety to submit to the department the amount of moneys posted pursuant to chapter . . ., Laws of 1994 (this act). If the amount specified in the order to submit performance security is not paid within twenty days after issuance of the notice, the attorney general upon request of the department shall bring an action on behalf of the state in a superior court to recover the amount specified and associated legal fees.
The department may proceed at any time after issuing the order to submit performance security to remediate or mitigate adverse impacts.
The department shall keep a record of all expenses incurred in carrying out any remediation or mitigation activities authorized under this section, including:
(1) Remediation or mitigation;
(2) A reasonable charge for the services performed by the state's personnel and the state's equipment and materials utilized; and
(3) Administrative and legal expenses related to remediation or mitigation.
The department shall refund to the surety or permit holder all amounts received in excess of the amount of expenses incurred. If the amount received is less than the expenses incurred, the attorney general, upon request of the department of ecology, may bring an action against the permit holder on behalf of the state in the superior court to recover the remaining costs listed in this section.
If the department of natural resources finds that reclamation has not occurred according to the standards required under chapter 78.44 RCW in a metals mining and milling operation, then the department of natural resources may cause reclamation to occur pursuant to RCW 78.44.240. Upon approval of the department of ecology, the department of natural resources may reclaim part or all of the metals mining and milling operation using that portion of the surety posted pursuant to chapter . . ., Laws of 1994 (this act) that has been identified for reclamation.
NEW SECTION. Sec. 13. (1) The legislature finds that the construction and operation of large-scale metals mining and milling facilities may create new job opportunities and enhance local tax revenues. However, the legislature also finds that such operations may also result in new demands on public facilities owned and operated by local government entities, such as public streets and roads; publicly owned parks, open space, and recreation facilities; school facilities; and fire protection facilities in jurisdictions that are not part of a fire district. It is important for these economic impacts to be identified as part of any proposal for a large-scale metals mining and milling operation. It is then appropriate for the county legislative authority to balance expected revenues, including revenues derived from taxes paid by the owner of such an operation, and costs associated with the operation to determine to what degree any new costs require mitigation by the metals mining applicant.
(2) An applicant for a large-scale metals mining and milling operation regulated under this chapter must submit to the relevant county legislative authority an impact analysis describing the economic impact of the proposed mining operation on local governmental units. For the purposes of this section, a metals mining operation is large-scale if, in the construction or operation of the mine and the associated milling facility, the applicant and contractors at the site employ more than thirty-five persons during any consecutive six-month period. The relevant county is the county in which the mine and mill are to be sited, unless the economic impacts to local governmental units are projected to substantially affect more than one county. In that case, the impact plan must be submitted to the legislative authority of all affected counties. Local governmental units include counties, cities, towns, school districts, and special purpose districts.
(3) The economic impact analysis shall include at least the following information:
(a) A timetable for development of the mining operation, including the opening date of the operation and the estimated closing date;
(b) The estimated number of persons coming into the impacted area as a result of the development of the mining operation;
(c) An estimate of the increased capital and operating costs to local governmental units for providing services necessary as a result of the development of the mining operation; and
(d) An estimate of the increased tax or other revenues accruing to local governmental units as a result of development of the mining and milling operation.
(4) The county legislative authority of a county planning under chapter 36.70A RCW may assess impact fees under chapter 82.02 RCW to address economic impacts associated with development of the mining operation. The county legislative authority shall hold at least one public hearing on the economic impact analysis and any proposed mitigation measures.
(5) The county legislative authority of a county which is not planning under chapter 36.70A RCW may negotiate with the applicant on a strategy to address economic impacts associated with development of the mining operation. The county legislative authority shall hold at least one public hearing on the economic impact analysis and any proposed mitigation measures.
(6) The county legislative authority must approve or disapprove the impact analysis and any associated proposals from the applicant to address economic impacts to local governmental units resulting from development of the mining operation. If the applicant does not submit an adequate impact analysis to the relevant county legislative authority or if the county legislative authority does not find the applicant's proposals to be acceptable because of their failure to adequately mitigate adverse economic impacts, the county legislative authority shall refuse to issue any permits under its jurisdiction necessary for the construction or operation of the mine and associated mill.
(7) The requirements established in this section apply to metals mining operations under construction or constructed after the effective date of this section.
(8) The provisions of chapter 82.02 RCW shall apply to new mining and milling operations.
NEW SECTION. Sec. 14. (1) Except as provided in subsections (2) and (5) of this section, any aggrieved person may commence a civil action on his or her own behalf:
(a) Against any person, including any state agency or local government agency, who is alleged to be in violation of a law, rule, order, or permit pertaining to metals mining and milling operations regulated under chapter . . ., Laws of 1994 (this act);
(b) Against a state agency if there is alleged a failure of the agency to perform any nondiscretionary act or duty under state laws pertaining to metals mining and milling operations; or
(c) Against any person who constructs a metals mining and milling operation without the permits and authorizations required by state law.
The superior courts shall have jurisdiction to enforce metals mining laws, rules, orders, and permit conditions, or to order the state to perform such act or duty, as the case may be. In addition to injunctive relief, a superior court may award a civil penalty when deemed appropriate in an amount not to exceed ten thousand dollars per violation per day, payable to the state of Washington.
(2) No action may be commenced:
(a) Under subsection (1)(a) of this section:
(i) Prior to sixty days after the plaintiff has given notice of the alleged violation to the state, and to any alleged violator of a metals mining and milling law, rule, order, or permit condition; or
(ii) If the state has commenced and is diligently prosecuting a civil action in a court of the state or of the United States or is diligently pursuing authorized administrative enforcement action to require compliance with the law, rule, order, or permit. To preclude a civil action, the enforcement action must contain specific, aggressive, and enforceable timelines for compliance and must provide for public notice of and reasonable opportunity for public comment on the enforcement action. In any such court action, any aggrieved person may intervene as a matter of right; or
(b) Under subsection (1)(b) of this section prior to sixty days after the plaintiff has given notice of such action to the state.
(3)(a) Any action respecting a violation of a law, rule, order, or permit condition pertaining to metals mining and milling operations may be brought in the judicial district in which such operation is located or proposed.
(b) In such action under this section, the state, if not a party, may intervene as a matter of right.
(4) The court, in issuing any final order in any action brought pursuant to subsection (1) of this section, may award costs of litigation, including reasonable attorney and expert witness fees, to any prevailing party, wherever the court determines such award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the rules of civil procedure.
(5) A civil action to enforce compliance with a law, rule, order, or permit may not be brought under this section if any other statute, or the common law, provides authority for the plaintiff to bring a civil action and, in such action, obtain the same relief, as authorized under this section, for enforcement of such law, rule, order, or permit. Nothing in this section restricts any right which any person, or class of persons, may have under any statute or common law to seek any relief, including relief against the state or a state agency.
NEW SECTION. Sec. 15. A milling facility which is not adjacent to or in the vicinity of the metals mining operation producing the ore to be milled and which processes precious or base metal ore by treatment or concentration is subject to the provisions of sections 1 through 9, 10(1) (a), (c) and (d), 11 through 14, 18, and 19 of this act and chapters 70.94, 70.105, 90.03, and 90.48 RCW and all other applicable laws. The smelting of aluminum does not constitute a metals milling operation under this section.
NEW SECTION. Sec. 16. (1) Until June 30, 1996, there shall be a moratorium on metals mining and milling operations using the heap leach extraction process. The department of natural resources and the department of ecology shall jointly review the existing laws and regulations pertaining to the heap leach extraction process for their adequacy in safeguarding the environment and shall report their findings to the legislature by December 30, 1994.
(2) Metals mining using the process of in situ extraction is permanently prohibited in the state of Washington.
NEW SECTION. Sec. 17. The department of ecology will work with the metals mining industry and relevant federal, state, and local governmental agencies to identify areas of regulatory overlap among regulators of mining and milling operations. The department will also identify possible solutions for eliminating or reducing regulatory overlap. The department will report back to the legislature on its findings and possible solutions by January 1, 1995.
NEW SECTION. Sec. 18. A new section is added to chapter 70.94 RCW to read as follows:
If a metals mining and milling operation is issued a permit pursuant to this chapter, then it will be subject to special inspection requirements. The department of ecology shall inspect these mining operations at least quarterly in order to ensure that the operation is in compliance with the conditions of any permit issued to it pursuant to this chapter. The department shall conduct additional inspections during the construction phase of the mining and milling operation in order to ensure compliance with this chapter.
NEW SECTION. Sec. 19. A new section is added to chapter 70.105 RCW to read as follows:
If a metals mining and milling operation is issued a permit pursuant to this chapter, then it will be subject to special inspection requirements. The department of ecology shall inspect these mining operations at least quarterly in order to ensure that the operation is in compliance with the conditions of any permit issued to it pursuant to this chapter. The department shall conduct additional inspections during the construction phase of the mining operation in order to ensure compliance with this chapter.
Sec. 20. RCW 90.03.350 and 1987 c 109 s 91 are each amended to read as follows:
Any person, corporation or association intending to construct or modify any dam or controlling works for the storage of ten acre feet or more of water, shall before beginning said construction or modification, submit plans and specifications of the same to the department for examination and approval as to its safety. Such plans and specifications shall be submitted in duplicate, one copy of which shall be retained as a public record, by the department, and the other returned with its approval or rejection endorsed thereon. No such dam or controlling works shall be constructed or modified until the same or any modification thereof shall have been approved as to its safety by the department. Any such dam or controlling works constructed or modified in any manner other than in accordance with plans and specifications approved by the department or which shall not be maintained in accordance with the order of the department shall be presumed to be a public nuisance and may be abated in the manner provided by law, and it shall be the duty of the attorney general or prosecuting attorney of the county wherein such dam or controlling works, or the major portion thereof, is situated to institute abatement proceedings against the owner or owners of such dam or controlling works, whenever he or she is requested to do so by the department.
A metals mining and milling operation regulated under chapter . . ., Laws of 1994 (this act) is subject to additional dam safety inspection requirements due to the special hazards associated with failure of a tailings pond impoundment. The department shall inspect these impoundments at least quarterly during the project's operation and at least annually thereafter for the postclosure monitoring period in order to ensure the safety of the dam or controlling works. The department shall conduct additional inspections as needed during the construction phase of the mining operation in order to ensure the safe construction of the tailings impoundment.
Sec. 21. RCW 90.48.090 and 1987 c 109 s 127 are each amended to read as follows:
The department or its duly appointed agent shall have the right to enter at all reasonable times in or upon any property, public or private, for the purpose of inspecting and investigating conditions relating to the pollution of or the possible pollution of any of the waters of this state.
The department shall have special inspection requirements for metals mining and milling operations regulated under chapter . . ., Laws of 1994 (this act). The department shall inspect these mining and milling operations at least quarterly in order to ensure compliance with the intent and any permit issued pursuant to this chapter. The department shall conduct additional inspections as needed during the construction phase of these mining operations in order to ensure compliance with this chapter.
Sec. 22. RCW 78.44.161 and 1993 c 518 s 25 are each amended to read as follows:
The department may order at any time an inspection of the disturbed area to determine if the miner or permit holder has complied with the reclamation permit, rules, and this chapter.
The department shall have special inspection requirements for metals mining and milling operations regulated under chapter . . ., Laws of 1994 (this act). The department shall inspect these mining operations at least quarterly, unless prevented by inclement weather conditions, in order to ensure that the permit holder is in compliance with the reclamation permit, rules, and this chapter. The department shall conduct additional inspections as needed during the construction phase of these mining operations in order to ensure compliance with the reclamation permit, rules, and this chapter.
Sec. 23. RCW 78.44.087 and 1993 c 518 s 15 are each amended to read as follows:
The department shall not issue a reclamation permit until the applicant has deposited with the department an acceptable performance security on forms prescribed and furnished by the department. A public or governmental agency shall not be required to post performance security nor shall a permit holder be required to post surface mining performance security with more than one state((, local, or federal)) or local agency.
This performance security may be:
(1) Bank letters of credit acceptable to the department;
(2) A cash deposit;
(3) Negotiable securities acceptable to the department;
(4) An assignment of a savings account;
(5) A savings certificate in a Washington bank on an assignment form prescribed by the department;
(6) Assignments of interests in real property within the state of Washington; or
(7) A corporate surety bond executed in favor of the department by a corporation authorized to do business in the state of Washington under Title 48 RCW and authorized by the department.
The performance security shall be conditioned upon the faithful performance of the requirements set forth in this chapter and of the rules adopted under it.
The department shall have the authority to determine the amount of the performance security using a standardized performance security formula developed by the department. The amount of the security shall be determined by the department and based on the estimated costs of completing reclamation according to the approved reclamation plan or minimum standards and related administrative overhead for the area to be surface mined during (a) the next twelve-month period, (b) the following twenty-four months, and (c) any previously disturbed areas on which the reclamation has not been satisfactorily completed and approved.
The department may increase or decrease the amount of the performance security at any time to compensate for a change in the disturbed area, the depth of excavation, a modification of the reclamation plan, or any other alteration in the conditions of the mine that affects the cost of reclamation. The department may, for any reason, refuse any performance security not deemed adequate.
Liability under the performance security shall be maintained until reclamation is completed according to the approved reclamation plan to the satisfaction of the department unless released as hereinafter provided. Liability under the performance security may be released only upon written notification by the department. Notification shall be given upon completion of compliance or acceptance by the department of a substitute performance security. The liability of the surety shall not exceed the amount of security required by this section and the department's reasonable legal fees to recover the security.
Any interest or appreciation on the performance security shall be held by the department until reclamation is completed to its satisfaction. At such time, the interest shall be remitted to the permit holder; except that such interest or appreciation may be used by the department to effect reclamation in the event that the permit holder fails to comply with the provisions of this chapter and the costs of reclamation exceed the face value of the performance security.
Except as provided in this section, no other state agency or local government shall require performance security for the purposes of surface mine reclamation and only one agency of government shall require and hold the performance security. The department may enter into written agreements with federal agencies in order to avoid redundant bonding of surface mines straddling boundaries between federally controlled and other lands within Washington state.
((Notwithstanding any other provision of this section, nothing shall preclude the department of ecology from requiring a separate performance security for metallic minerals or uranium surface mines under any authority if any that may be presently vested in the department of ecology relating to such mines.)) The department and the department of ecology shall jointly require performance security for metals mining and milling operations regulated under chapter . . ., Laws of 1994 (this act).
Sec. 24. RCW 78.44.131 and 1993 c 518 s 20 are each amended to read as follows:
The need for, and the practicability of, reclamation shall control the type and degree of reclamation in any specific instance. However, the basic objective of reclamation is to reestablish on a continuing basis the vegetative cover, slope stability, water conditions, and safety conditions suitable to the proposed subsequent use consistent with local land use plans for the surface mine site.
Each permit holder shall comply with the minimum reclamation standards in effect on the date the permit was issued and any additional reclamation standards set forth in the approved reclamation plan. The department may modify, on a site specific basis, the minimum reclamation standards for metals mining and milling operations regulated under chapter . . ., Laws of 1994 (this act) in order to achieve the reclamation and closure objectives of that chapter. The basic objective of reclamation for these operations is the reestablishment on a continuing basis of vegetative cover, slope stability, water conditions, and safety conditions.
Reclamation activities, particularly those relating to control of erosion and mitigation of impacts of mining to adjacent areas, shall, to the extent feasible, be conducted simultaneously with surface mining, and in any case shall be initiated at the earliest possible time after completion of surface mining on any segment of the permit area.
All reclamation activities shall be completed not more than two years after completion or abandonment of surface mining on each segment of the area for which a reclamation permit is in force.
The department may by contract delegate enforcement of provisions of reclamation plans to counties, cities, and towns. A county, city, or town performing enforcement functions may not impose any additional fees on permit holders.
NEW SECTION. Sec. 25. A new section is added to chapter 43.21C RCW to read as follows:
Notwithstanding any provision in RCW 43.21C.030 and 43.21C.031 to the contrary, an environmental impact statement shall be prepared for any proposed metals mining and milling operation as required by section 5 of this act.
NEW SECTION. Sec. 26. Sections 1 through 16 of this act shall constitute a new chapter in Title 78 RCW.
NEW SECTION. Sec. 27. (1) The department of ecology shall establish a metals mining advisory group, to be comprised of members representing the metals mining industry, county commissioners of affected counties, the environmental community, the department of ecology, the department of fish and wildlife, and the department of natural resources.
(2) The metals mining advisory group will focus on the following tasks:
(a) A review of the adequacy of the cost-accounting methods of the departments of ecology and natural resources in accurately identifying the costs associated with the requirements established in this act;
(b) Establishing a set of success measures to be used to evaluate the implementation of the new coordinator role established in this act;
(c) Examination of possible new inspection requirements for the department of fish and wildlife and a means to fund any new requirements; and
(d) Identification and evaluation of the alternative bases for allocating the costs that may be necessitated by this act.
(3) The advisory group shall report its findings and its preferred alternative among the options identified in subsection (2)(d) of this section to the legislature by January 1, 1995.
NEW SECTION. Sec. 28. 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. 29. 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. 30. 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, with the exception of sections 6 through 8 and 18 through 22 of this act, shall take effect immediately.
NEW SECTION. Sec. 31. Sections 6 through 8 and 18 through 22 of this act shall take effect July 1, 1995."
On page 1, line 1 of the title, after "operations;" strike the remainder of the title and insert "amending RCW 90.03.350, 90.48.090, 78.44.161, 78.44.087, and 78.44.131; adding a new section to chapter 70.94 RCW; adding a new section to chapter 70.105 RCW; adding a new section to chapter 43.21C RCW; adding a new chapter to Title 78 RCW; creating new sections; prescribing penalties; providing an effective date; and declaring an emergency."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Pruitt moved that the House concur in the Senate amendments to Engrossed House Bill No. 2521 and pass the bill as amended by the Senate.
Representative Pruitt spoke in favor of the motion. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative Wang presiding) stated the question before the House to be final passage of Engrossed House Bill No. 2521 as amended by the Senate.
Representatives Dunshee and Stevens spoke in favor of passage of the bill and Representative Van Luven spoke against it.
MOTION
On motion of Representative J. Kohl, Representative Johanson was excused.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2521, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
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, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Mielke, 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, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.
Excused: Representatives Johanson, Meyers, R., Riley and Wineberry - 4.
Engrossed House Bill No. 2521 as amended by the Senate, having received the constitutional majority, was declared passed.
The Speaker (Representative Wang presiding) declared the House to be at ease.
The Speaker (Representative J. Kohl presiding) called the House to order.
The Speaker (Representative J. Kohl presiding) declared the House to be at ease.
The Speaker called the House to be at ease.
MESSAGES FROM THE SENATE
March 7, 1994
Mr. Speaker:
The President has signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1847,
SUBSTITUTE HOUSE BILL NO. 2180,
ENGROSSED HOUSE BILL NO. 2193,
SUBSTITUTE HOUSE BILL NO. 2197,
SUBSTITUTE HOUSE BILL NO. 2212,
SUBSTITUTE HOUSE BILL NO. 2239,
SUBSTITUTE HOUSE BILL NO. 2277,
SUBSTITUTE HOUSE BILL NO. 2294,
ENGROSSED HOUSE BILL NO. 2302,
SUBSTITUTE HOUSE BILL NO. 2341,
ENGROSSED HOUSE BILL NO. 2390,
SUBSTITUTE HOUSE BILL NO. 2428,
SUBSTITUTE HOUSE BILL NO. 2452,
SUBSTITUTE HOUSE BILL NO. 2456,
SUBSTITUTE HOUSE BILL NO. 2479,
ENGROSSED HOUSE BILL NO. 2487,
SUBSTITUTE HOUSE BILL NO. 2516,
SUBSTITUTE HOUSE BILL NO. 2560,
SUBSTITUTE HOUSE BILL NO. 2570,
SUBSTITUTE HOUSE BILL NO. 2571,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2607,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2628,
SUBSTITUTE HOUSE BILL NO. 2642,
SUBSTITUTE HOUSE BILL NO. 2662,
SUBSTITUTE HOUSE BILL NO. 2655,
ENGROSSED HOUSE BILL NO. 2702,
SUBSTITUTE HOUSE BILL NO. 2718,
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
March 7, 1994
Mr. Speaker:
The President has signed:
ENGROSSED HOUSE BILL NO. 2327,
ENGROSSED HOUSE BILL NO. 2523,
SUBSTITUTE HOUSE BILL NO. 2540,
and the same are herewith transmitted.
Marty Brown, Secretary
SENATE AMENDMENTS TO HOUSE BILL
March 3, 1994
Mr. Speaker:
The Senate has passed ENGROSSED HOUSE BILL NO. 2190, with the following amendments:
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.
Eligibility for assistance from the department under this chapter also requires compliance with the revenue and taxation laws, as applicable to the recipient, at the time the grant is made.
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.
Eligibility for assistance from the department under this chapter also requires compliance with the revenue and taxation laws, as applicable to the recipient, at the time the grant is made.
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.
Eligibility for assistance from the department under this chapter also requires compliance with the revenue and taxation laws, as applicable to the recipient, at the time the grant is made.
NEW SECTION. Sec. 5. The senate labor and commerce committee shall conduct an interim study of successful models for the seamless delivery of social and health services to individuals and families living on the streets, in shelters, in transitional housing, and other publicly subsidized housing units in this state."
On page 1, line 1 of the title, after "fund;" strike the remainder of the title and insert "amending RCW 43.185.050, 43.185.060, 43.185A.030, and 43.185A.040; and creating a new section."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Ogden moved that the House not concur in the Senate amendments to Engrossed House Bill No. 2190 and ask the Senate for a conference thereon. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives Wang, Ogden and McMorris as Conferees on Engrossed House Bill No. 2190.
SENATE AMENDMENTS TO HOUSE BILL
March 3, 1994
Mr. Speaker:
The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2237, with the following amendments:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that the acquisition, construction, and management of state-owned and leased facilities has a profound and long-range effect upon the delivery and cost of state programs, and that there is an increasing need for better facility planning and management to improve the effectiveness and efficiency of state facilities.
Sec. 2. RCW 43.88.030 and 1991 c 358 s 1 and 1991 c 284 s 1 are each reenacted and amended to read as follows:
(1) The director of financial management shall provide all agencies with a complete set of instructions for submitting biennial budget requests to the director at least three months before agency budget documents are due into the office of financial management. The director shall provide agencies that are required under RCW 44.40.070 to develop comprehensive six-year program and financial plans with a complete set of instructions for submitting these program and financial plans at the same time that instructions for submitting other budget requests are provided. The budget document or documents shall consist of the governor's budget message which shall be explanatory of the budget and shall contain an outline of the proposed financial policies of the state for the ensuing fiscal period, as well as an outline of the proposed six-year financial policies where applicable, and shall describe in connection therewith the important features of the budget. The message shall set forth the reasons for salient changes from the previous fiscal period in expenditure and revenue items and shall explain any major changes in financial policy. Attached to the budget message shall be such supporting schedules, exhibits and other explanatory material in respect to both current operations and capital improvements as the governor shall deem to be useful to the legislature. The budget document or documents shall set forth a proposal for expenditures in the ensuing fiscal period, or six-year period where applicable, based upon the estimated revenues as approved by the economic and revenue forecast council or upon the estimated revenues of the office of financial management for those funds, accounts, and sources for which the office of the economic and revenue forecast council does not prepare an official forecast, including those revenues anticipated to support the six-year programs and financial plans under RCW 44.40.070. In estimating revenues to support financial plans under RCW 44.40.070, the office of financial management shall rely on information and advice from the interagency revenue task force. Revenues shall be estimated for such fiscal period from the source and at the rates existing by law at the time of submission of the budget document, including the supplemental budgets submitted in the even-numbered years of a biennium. However, the estimated revenues for use in the governor's budget document may be adjusted to reflect budgetary revenue transfers and revenue estimates dependent upon budgetary assumptions of enrollments, workloads, and caseloads. All adjustments to the approved estimated revenues must be set forth in the budget document. The governor may additionally submit, as an appendix to each supplemental, biennial, or six-year agency budget or to the budget document or documents, a proposal for expenditures in the ensuing fiscal period from revenue sources derived from proposed changes in existing statutes.
Supplemental and biennial documents shall reflect a six-year expenditure plan consistent with estimated revenues from existing sources and at existing rates for those agencies required to submit six-year program and financial plans under RCW 44.40.070. Any additional revenue resulting from proposed changes to existing statutes shall be separately identified within the document as well as related expenditures for the six-year period.
The budget document or documents shall also contain:
(a) Revenues classified by fund and source for the immediately past fiscal period, those received or anticipated for the current fiscal period, those anticipated for the ensuing biennium, and those anticipated for the ensuing six-year period to support the six-year programs and financial plans required under RCW 44.40.070;
(b) The undesignated fund balance or deficit, by fund;
(c) Such additional information dealing with expenditures, revenues, workload, performance, and personnel as the legislature may direct by law or concurrent resolution;
(d) Such additional information dealing with revenues and expenditures as the governor shall deem pertinent and useful to the legislature;
(e) Tabulations showing expenditures classified by fund, function, activity and object;
(f) A delineation of each agency's activities, including those activities funded from nonbudgeted, nonappropriated sources, including funds maintained outside the state treasury; and
(g) Identification of all proposed direct expenditures to implement the Puget Sound water quality plan under chapter 90.70 RCW, shown by agency and in total.
(2) The budget document or documents shall include detailed estimates of all anticipated revenues applicable to proposed operating or capital expenditures and shall also include all proposed operating or capital expenditures. The total of beginning undesignated fund balance and estimated revenues less working capital and other reserves shall equal or exceed the total of proposed applicable expenditures. The budget document or documents shall further include:
(a) Interest, amortization and redemption charges on the state debt;
(b) Payments of all reliefs, judgments and claims;
(c) Other statutory expenditures;
(d) Expenditures incident to the operation for each agency;
(e) Revenues derived from agency operations;
(f) Expenditures and revenues shall be given in comparative form showing those incurred or received for the immediately past fiscal period and those anticipated for the current biennium and next ensuing biennium, as well as those required to support the six-year programs and financial plans required under RCW 44.40.070;
(g) A showing and explanation of amounts of general fund and other funds obligations for debt service and any transfers of moneys that otherwise would have been available for appropriation;
(h) Common school expenditures on a fiscal-year basis;
(i) A showing, by agency, of the value and purpose of financing contracts for the lease/purchase or acquisition of personal or real property for the current and ensuing fiscal periods.
(3) A separate capital budget document or schedule shall be submitted that will contain the following:
(a) A ((capital plan consisting of proposed capital spending for at least four fiscal periods succeeding the next fiscal period)) statement setting forth a long-range facilities plan for the state that identifies and includes the highest priority needs within affordable spending levels;
(b) A capital program consisting of proposed capital projects for ((at least)) the next biennium and the two ((fiscal periods)) biennia succeeding the next ((fiscal period)) biennium consistent with the long-range facilities plan. Insomuch as is practical, and recognizing emergent needs, the capital program shall reflect the priorities, projects, and spending levels proposed in previously submitted capital budget documents in order to provide a reliable long-range planning tool for the legislature and state agencies;
(c) A capital plan consisting of proposed capital spending for at least four ((fiscal periods)) biennia succeeding the next ((fiscal period)) biennium;
(d) A statement of the reason or purpose for a project;
(e) Verification that a project is consistent with the provisions set forth in chapter 36.70A RCW;
(f) A statement about the proposed site, size, and estimated life of the project, if applicable;
(g) Estimated total project cost;
(h) For major projects valued over five million dollars, estimated costs for the following project components: Acquisition, consultant services, construction, equipment, project management, and other costs included as part of the project. Project component costs shall be displayed in a standard format defined by the office of financial management to allow comparisons between projects;
(i) Estimated total project cost for each phase of the project as defined by the office of financial management;
(((i))) (j) Estimated ensuing biennium costs;
(((j))) (k) Estimated costs beyond the ensuing biennium;
(((k))) (l) Estimated construction start and completion dates;
(((l))) (m) Source and type of funds proposed;
(((m))) (n) Estimated ongoing operating budget costs or savings resulting from the project, including staffing and maintenance costs;
(o) For any capital appropriation requested for a state agency for the acquisition of land or the capital improvement of land in which the primary purpose of the acquisition or improvement is recreation or wildlife habitat conservation, the capital budget document, or an omnibus list of recreation and habitat acquisitions provided with the governor's budget document, shall identify the projected costs of operation and maintenance for at least the two biennia succeeding the next biennium. Omnibus lists of habitat and recreation land acquisitions shall include individual project cost estimates for operation and maintenance as well as a total for all state projects included in the list. The document shall identify the source of funds from which the operation and maintenance costs are proposed to be funded;
(p) Such other information bearing upon capital projects as the governor deems to be useful;
(((n))) (q) Standard terms, including a standard and uniform definition of maintenance for all capital projects;
(((o))) (r) Such other information as the legislature may direct by law or concurrent resolution.
For purposes of this subsection (3), the term "capital project" shall be defined subsequent to the analysis, findings, and recommendations of a joint committee comprised of representatives from the house capital appropriations committee, senate ways and means committee, legislative transportation committee, legislative evaluation and accountability program committee, and office of financial management.
(4) No change affecting the comparability of agency or program information relating to expenditures, revenues, workload, performance and personnel shall be made in the format of any budget document or report presented to the legislature under this section or RCW 43.88.160(1) relative to the format of the budget document or report which was presented to the previous regular session of the legislature during an odd-numbered year without prior legislative concurrence. Prior legislative concurrence shall consist of (a) a favorable majority vote on the proposal by the standing committees on ways and means of both houses if the legislature is in session or (b) a favorable majority vote on the proposal by members of the legislative evaluation and accountability program committee if the legislature is not in session.
Sec. 3. RCW 43.88A.020 and 1979 c 151 s 146 are each amended to read as follows:
The office of financial management shall, in cooperation with appropriate legislative committees and legislative staff, establish a procedure for the provision of fiscal notes on the expected impact of bills and resolutions which increase or decrease or tend to increase or decrease state government revenues or expenditures. Such fiscal notes shall indicate by fiscal year the impact for the remainder of the biennium in which the bill or resolution will first take effect as well as a cumulative forecast of the fiscal impact for the succeeding four fiscal years. Fiscal notes shall separately identify the fiscal impacts on the operating and capital budgets. Estimates of fiscal impacts shall be calculated using the procedures contained in the fiscal note instructions issued by the office of financial management.
In establishing the fiscal impact called for pursuant to this chapter, the office of financial management shall coordinate the development of fiscal notes with all state agencies affected.
Sec. 4. RCW 43.88.032 and 1989 c 311 s 1 are each amended to read as follows:
(1) Annual ongoing or routine maintenance costs shall be programmed in the operating budget rather than in the capital budget.
(2) All debt-financed pass-through money to local governments shall be programmed and separately identified in the ((capital)) budget document.
Sec. 5. RCW 43.88.110 and 1991 sp.s. c 32 s 27 and 1991 c 358 s 2 are each reenacted and amended to read as follows:
This section sets forth the expenditure programs and the allotment and reserve procedures to be followed by the executive branch for public funds.
(1) Allotments of an appropriation for any fiscal period shall conform to the terms, limits, or conditions of the appropriation.
(2) The director of financial management shall provide all agencies with a complete set of operating and capital instructions for preparing a statement of proposed expenditures at least thirty days before the beginning of a fiscal period. The set of instructions need not include specific appropriation amounts for the agency.
(3) Within forty-five days after the beginning of the fiscal period or within forty-five days after the governor signs the omnibus biennial appropriations act, whichever is later, all agencies shall submit to the governor a statement of proposed expenditures at such times and in such form as may be required by the governor.
(4) The office of financial management shall develop a method for monitoring capital appropriations and expenditures that will capture at least the following elements:
(a) Appropriations made for capital projects including transportation projects;
(b) Estimates of total project costs including past, current, ensuing, and future biennial costs;
(c) Comparisons of actual costs to estimated costs;
(d) Comparisons of estimated construction start and completion dates with actual dates;
(e) Documentation of fund shifts between projects.
This data may be incorporated into the existing accounting system or into a separate project management system, as deemed appropriate by the office of financial management.
(5) The office of financial management, prior to approving allotments for major capital construction projects valued over five million dollars, shall institute procedures for reviewing such projects at the predesign stage that will reduce long-term costs and increase facility efficiency. The procedures shall include, but not be limited to, the following elements:
(a) Evaluation of facility program requirements and consistency with long-range plans;
(b) Utilization of a system of cost, quality, and performance standards to compare major capital construction projects; and
(c) A requirement to incorporate value-engineering analysis and constructability review into the project schedule.
(6) No expenditure may be incurred or obligation entered into for such major capital construction projects including, without exception, land acquisition, site development, predesign, design, construction, and equipment acquisition and installation, until the allotment of the funds to be expended has been approved by the office of financial management. This limitation does not prohibit the continuation of expenditures and obligations into the succeeding biennium for projects for which allotments have been approved in the immediate prior biennium.
(7) If at any time during the fiscal period the governor projects a cash deficit in a particular fund or account as defined by RCW 43.88.050, the governor shall make across-the-board reductions in allotments for that particular fund or account so as to prevent a cash deficit, unless the legislature has directed the liquidation of the cash deficit over one or more fiscal periods. Except for the legislative and judicial branches and other agencies headed by elective officials, the governor shall review the statement of proposed operating expenditures for reasonableness and conformance with legislative intent. Once the governor approves the statements of proposed operating expenditures, further revisions shall be made only at the beginning of the second fiscal year and must be initiated by the governor. However, changes in appropriation level authorized by the legislature, changes required by across-the-board reductions mandated by the governor, changes caused by executive increases to spending authority, and changes caused by executive decreases to spending authority for failure to comply with the provisions of chapter 36.70A RCW may require additional revisions. Revisions shall not be made retroactively. Revisions caused by executive increases to spending authority shall not be made after June 30, 1987. However, the governor may assign to a reserve status any portion of an agency appropriation withheld as part of across-the-board reductions made by the governor and any portion of an agency appropriation conditioned on a contingent event by the appropriations act. The governor may remove these amounts from reserve status if the across-the-board reductions are subsequently modified or if the contingent event occurs. The director of financial management shall enter approved statements of proposed expenditures into the state budgeting, accounting, and reporting system within forty-five days after receipt of the proposed statements from the agencies. If an agency or the director of financial management is unable to meet these requirements, the director of financial management shall provide a timely explanation in writing to the legislative fiscal committees.
(((6))) (8) It is expressly provided that all agencies shall be required to maintain accounting records and to report thereon in the manner prescribed in this chapter and under the regulations issued pursuant to this chapter. Within ninety days of the end of the fiscal year, all agencies shall submit to the director of financial management their final adjustments to close their books for the fiscal year. Prior to submitting fiscal data, written or oral, to committees of the legislature, it is the responsibility of the agency submitting the data to reconcile it with the budget and accounting data reported by the agency to the director of financial management.
(((7))) (9) The director of financial management shall monitor agency operating expenditures against the approved statement of proposed expenditures and shall provide the legislature with quarterly explanations of major variances.
(((8))) (10) The director of financial management may exempt certain public funds from the allotment controls established under this chapter if it is not practical or necessary to allot the funds. Allotment control exemptions expire at the end of the fiscal biennium for which they are granted. The director of financial management shall report any exemptions granted under this subsection to the legislative fiscal committees.
NEW SECTION. Sec. 6. A new section is added to chapter 43.88 RCW to read as follows:
(1) The capital appropriations act may authorize the governor, through the director of financial management, to transfer the appropriation authority for a capital project that is in excess of the amount required for the completion of the project to another capital project for which the appropriation is insufficient.
(a) No such transfer may be used to expand the capacity or change the intended use of the project beyond that intended by the legislature in making the appropriation.
(b) The transfer may be effected only between capital projects within a specific department, commission, agency, or institution of higher education.
(c) The transfer may be effected only if the project from which the transfer of funds is made is substantially complete and there are funds remaining, or bids have been let on the project from which the transfer of funds is made and it appears to a substantial certainty that the project can be completed within the biennium for less than the amount appropriated.
(2) For the purposes of this section, the legislature intends that each project be defined as proposed to the legislature in the governor's budget document, unless the legislative history demonstrates that the legislature intended to define the scope of a project in a different way.
(3) The office of financial management shall notify the legislative fiscal committees of the senate and the house of representatives at least thirty days before any transfer is effected under this section except emergency projects or any transfer under two hundred fifty thousand dollars, and shall prepare a report to such committees listing all completed transfers at the close of each fiscal year.
(4) No transfer may occur that would increase an appropriation to a minor works or other omnibus repair, maintenance, or improvement project. In the case of transfers between projects within a minor works appropriation, funds may be transferred without legislative approval only in the case of projects identified in the project lists that have been provided to the legislature with the governor's budget document, as revised by the legislature.
Sec. 7. RCW 43.82.010 and 1990 c 47 s 1 are each amended to read as follows:
(1) The director of ((the department of)) general administration, on behalf of the agency involved, shall purchase, lease, lease purchase, rent, or otherwise acquire all real estate, improved or unimproved, as may be required by elected state officials, institutions, departments, commissions, boards, and other state agencies, or federal agencies where joint state and federal activities are undertaken and may grant easements and transfer, exchange, sell, lease, or sublease all or part of any surplus real estate for those state agencies which do not otherwise have the specific authority to dispose of real estate. This section does not transfer financial liability for the acquired property to the department of general administration.
(2) Except for real estate occupied by federal agencies, the director shall determine the location, size, and design of any real estate or improvements thereon acquired or held pursuant to subsection (1) of this section. Facilities acquired or held pursuant to this chapter, and any improvements thereon, shall conform to standards adopted by the director and approved by the office of financial management governing facility efficiency unless a specific exemption from such standards is provided by the director of general administration. The director of general administration shall report to the office of financial management annually on any exemptions granted pursuant to this subsection.
(3) The director of general administration may fix the terms and conditions of each lease entered into under this chapter, except that no lease shall extend greater than twenty years in duration. The director of general administration may enter into a long-term lease greater than five years in duration upon a determination by the director of the office of financial management that the long-term lease provides a more favorable rate than would otherwise be available, it appears to a substantial certainty that the facility is necessary for use by the state for the full length of the lease term, and the facility meets the standards adopted pursuant to subsection (2) of this section. The director of general administration may enter into a long-term lease greater than ten years in duration if an analysis shows that the life-cycle cost of leasing the facility is less than the life-cycle cost of purchasing or constructing a facility in lieu of leasing the facility.
(4) It is the policy of the state to encourage the collocation and consolidation of state services into single or adjacent facilities, whenever appropriate, to improve public service delivery, minimize duplication of facilities, increase efficiency of operations, and promote sound growth management planning.
(5) The director of general administration shall provide coordinated long-range planning services to identify and evaluate opportunities for collocating and consolidating state facilities. Upon the renewal of any lease, the inception of a new lease, or the purchase of a facility, the director of general administration shall determine whether an opportunity exists for collocating the agency or agencies in a single facility with other agencies located in the same geographic area. If a collocation opportunity exists, the director of general administration shall consult with the affected state agencies and the office of financial management to evaluate the impact collocation would have on the cost and delivery of agency programs, including whether program delivery would be enhanced due to the centralization of services. The director of general administration, in consultation with the office of financial management, shall develop procedures for implementing collocation and consolidation of state facilities.
(6) The director of general administration is authorized to purchase, lease, rent, or otherwise acquire improved or unimproved real estate as owner or lessee and to lease or sublet all or a part of such real estate to state or federal agencies. The director of general administration shall charge each using agency its proportionate rental which shall include an amount sufficient to pay all costs, including, but not limited to, those for utilities, janitorial and accounting services, and sufficient to provide for contingencies; which shall not exceed five percent of the average annual rental, to meet unforeseen expenses incident to management of the real estate.
(((4))) (7) If the director of general administration determines that it is necessary or advisable to undertake any work, construction, alteration, repair, or improvement on any real estate acquired pursuant to subsection((s)) (1) or (((3))) (6) of this section, the director shall cause plans and specifications thereof and an estimate of the cost of such work to be made and filed in his or her office and the state agency benefiting thereby is hereby authorized to pay for such work out of any available funds: PROVIDED, That the cost of executing such work shall not exceed the sum of twenty-five thousand dollars. Work, construction, alteration, repair, or improvement in excess of twenty-five thousand dollars, other than that done by the owner of the property if other than the state, shall be performed in accordance with the public works law of this state.
(((5))) (8) In order to obtain maximum utilization of space, the director of general administration shall make space utilization studies, and shall establish standards for use of space by state agencies. Such studies shall include the identification of opportunities for collocation and consolidation of state agency office and support facilities.
(((6))) (9) The director of general administration may construct new buildings on, or improve existing facilities, and furnish and equip, all real estate under his or her management. Prior to the construction of new buildings or major improvements to existing facilities or acquisition of facilities using a lease purchase contract, the director of general administration shall conduct an evaluation of the facility design and budget using life-cycle cost analysis, value-engineering, and other techniques to maximize the long-term effectiveness and efficiency of the facility or improvement.
(((7))) (10) All conveyances and contracts to purchase, lease, rent, transfer, exchange, or sell real estate and to grant and accept easements shall be approved as to form by the attorney general, signed by the director of general administration or the director's designee, and recorded with the county auditor of the county in which the property is located.
(((8))) (11) The director of general administration may delegate any or all of the functions specified in this section to any agency upon such terms and conditions as the director deems advisable.
(((9))) (12) This section does not apply to the acquisition of real estate by:
(a) The state college and universities for research or experimental purposes;
(b) The state liquor control board for liquor stores and warehouses; and
(c) The department of natural resources, the department of ((fisheries, the department of)) fish and wildlife, the department of transportation, and the state parks and recreation commission for purposes other than the leasing of offices, warehouses, and real estate for similar purposes.
(((10))) (13) Notwithstanding any provision in this chapter to the contrary, the department of general administration may negotiate ground leases for public lands on which property is to be acquired under a financing contract pursuant to chapter 39.94 RCW under terms approved by the state finance committee.
NEW SECTION. Sec. 8. (1) The legislature finds that current facility planning, budgeting, and management responsibilities are spread among a number of state agencies, and that there may be a need to consolidate these functions within a single entity with independent powers and fiduciary responsibility for state facilities as a whole to increase the consistency and quality of facility decisions.
(2) The office of financial management shall evaluate the need for and potential responsibilities of a central state facilities authority to coordinate and manage the design, acquisition, construction, and utilization of state facilities, including leased facilities. The evaluation shall include an examination of the current roles and responsibilities of state agencies including the department of general administration, the higher education coordinating board, the state board for community and technical colleges, and the office of financial management to identify critical areas for improvement and any overlapping areas of responsibility.
(3) The office of financial management shall consider the following potential responsibilities of a central facilities authority in its evaluation:
(a) Involvement in agency master planning and facility predesign activities to assist agencies in developing creative alternatives for meeting program needs;
(b) Development of facility performance and cost standards to assist in facility planning and budget evaluation;
(c) Critical evaluation of facility designs and budget requests through life-cycle cost analysis, value-engineering, and other tools to maximize the long-term effectiveness and efficiency of state facilities;
(d) Central management of and planning for the state's facility inventory, including both leased and state-owned facilities, to maximize agency collocation and consolidation opportunities and create identifiable state government and education centers;
(e) Administration and management of agency capital construction projects;
(f) Development of leasing standards and procedures, including a methodology for analyzing the costs and benefits of leasing versus owning facilities, and appropriate procurement of leased, lease-developed, or lease-purchased facilities;
(g) Development of facility operation and maintenance standards or guidelines;
(h) Administration and allocation of centrally pooled appropriations for projects affecting more than one agency or for which efficiency can be enhanced by central administration; and
(i) Other responsibilities as determined by the office of financial management.
(3) The evaluation shall consider increasing the responsibilities and powers of an existing agency or agencies, or establishing a new agency or agencies to accomplish the objectives of this section. The evaluation shall also estimate the costs and benefits of operating a central facility authority or authorities.
(4) The office of financial management shall convene a steering committee composed of representatives of affected state agencies and the private real estate industry to assist in collecting needed information and conducting the evaluation.
(5) The office of financial management shall report on the results of its evaluation to the appropriate standing committees of the legislature by January 10, 1995.
This section shall expire June 30, 1995.
NEW SECTION. Sec. 9. The office of financial management shall conduct a review of the state's bonding requirements under chapter 39.08 RCW, shall analyze alternative forms of security, and shall report its findings and analysis to the appropriate committees of the senate and the house of representatives no later that January 10, 1995. The alternative forms of security shall include, but not be limited to, a bond in an amount less than the full contract price, letter of credit, certified check, cash escrow, and assets of the contractor. The purpose of the review is to determine if alternative forms of security will provide essentially the same level of protection to the state at a lower cost to the contractor and the state.
This section shall expire June 30, 1995.
NEW SECTION. Sec. 10. The state board of education shall study the potential for savings by constructing common schools from prototypical school construction designs. The findings and recommendations of the board shall be submitted to the senate committee on ways and means and the house of representatives capital budget committee by December 15, 1994.
NEW SECTION. Sec. 11. A new section is added to chapter 28A.525 RCW to read as follows:
The state board of education, for purposes of determining eligibility for state assistance for new construction, shall adopt rules excluding from the inventory of available educational space those spaces that have been constructed for educational and community activities from grants received from public or private entities after April 15, 1994.
Sec. 12. RCW 79.24.580 and 1993 sp.s. c 24 s 927 are each amended to read as follows:
After deduction for management costs as provided in RCW 79.64.040 and payments to towns under RCW 79.92.110(2), all moneys received by the state from the sale or lease of state-owned aquatic lands and from the sale of valuable material from state-owned aquatic lands shall be ((distributed as follows: (1) To the state building bond redemption fund such amounts necessary to retire bonds issued pursuant to RCW 79.24.630 through 79.24.647 prior to January 1, 1987, and for which tide and harbor area revenues have been pledged, and (2) all moneys not deposited for the purposes of subsection (1) of this section shall be)) deposited in the aquatic lands enhancement account which is hereby created in the state treasury. After appropriation, these funds shall be used solely for aquatic lands enhancement projects; for the purchase, improvement, or protection of aquatic lands for public purposes; for providing and improving access to such lands; and for volunteer cooperative fish and game projects. During the fiscal biennium ending June 30, 1995, the funds may be appropriated for shellfish management, enforcement, and enhancement and for developing and implementing plans for population monitoring and restoration of native wild salmon stock.
Sec. 13. RCW 43.82.110 and 1969 c 121 s 2 are each amended to read as follows:
All office or other space made available through the provisions of this chapter shall be leased by the director to such state or federal agencies, for such rental, and on such terms and conditions as he or she deems advisable: PROVIDED, HOWEVER, If space becomes surplus, the director is authorized to lease office or other space in any project to any person, corporation or body politic, for such period as the director shall determine said space is surplus, and upon such other terms and conditions as he or she may prescribe.
((There is hereby created within the treasury a special fund to be known as the "general administration bond redemption fund" in which all pledged rentals shall be deposited. In the event bonds are issued for more than one project, the rentals from each project will be maintained as separate accounts. The funds in this account or accounts shall be used to meet principal and interest payments when due on the bonds issued to finance the specific project for which each such account was created until all of such bonds and interest thereon have been paid.
The bonds shall include a covenant that the payment or redemption thereof and the interest thereon are secured by a first and direct charge and lien on the rentals deposited in the general administration bond redemption fund, as aforesaid, and received from the project for which the bonds were issued. Such rentals shall be pledged by the state for such purpose.))
Sec. 14. RCW 43.82.120 and 1965 c 8 s 43.82.120 are each amended to read as follows:
((There is hereby established within the state treasury a reserve fund to be known as the "general administration bond redemption guarantee fund.")) All ((unpledged)) rental income collected by the department of general administration from rental of state buildings shall be deposited in the ((general administration bond redemption guarantee fund until a total of two hundred thousand dollars is on deposit in said fund after which all unpledged rental income shall be deposited in the)) general administration management fund, the creation of which is hereby authorized. ((In the event the general administration bond redemption guarantee fund is diminished, it shall be replenished in the same manner.
If at any time there is insufficient money in the general administration bond redemption fund to make any payments of interest or principal due on any bonds payable from such fund, the state treasurer shall transfer from such general administration bond redemption guarantee fund to the general administration bond redemption fund an amount sufficient to meet such payments.))
NEW SECTION. Sec. 15. The following acts or parts of acts are each repealed:
(1) RCW 43.82.040 and 1965 c 8 s 43.82.040;
(2) RCW 43.82.050 and 1965 c 8 s 43.82.050;
(3) RCW 43.82.060 and 1965 c 8 s 43.82.060;
(4) RCW 43.82.070 and 1965 c 8 s 43.82.070;
(5) RCW 43.82.080 and 1965 c 8 s 43.82.080; and
(6) RCW 43.82.090 and 1979 ex.s. c 67 s 4 & 1965 c 8 s 43.82.090.
NEW SECTION. Sec. 16. The following acts or parts of acts are each repealed:
(1) RCW 79.24.630 and 1970 ex.s. c 14 s 1;
(2) RCW 79.24.632 and 1969 ex.s. c 273 s 4 & 1967 ex.s. c 105 s 5;
(3) RCW 79.24.634 and 1969 ex.s. c 273 s 5 & 1967 ex.s. c 105 s 6;
(4) RCW 79.24.636 and 1969 ex.s. c 273 s 6 & 1967 ex.s. c 105 s 7;
(5) RCW 79.24.638 and 1982 2nd ex.s. c 8 s 5, 1969 ex.s. c 273 s 7, & 1967 ex.s. c 105 s 8;
(6) RCW 79.24.640 and 1969 ex.s. c 273 s 8 & 1967 ex.s. c 105 s 9;
(7) RCW 79.24.642 and 1969 ex.s. c 273 s 9 & 1967 ex.s. c 105 s 10;
(8) RCW 79.24.6421 and 1969 ex.s. c 273 s 1;
(9) RCW 79.24.6422 and 1969 ex.s. c 273 s 2;
(10) RCW 79.24.644 and 1967 ex.s. c 105 s 11;
(11) RCW 79.24.645 and 1969 ex.s. c 273 s 10;
(12) RCW 79.24.646 and 1967 ex.s. c 105 s 12; and
(13) RCW 79.24.647 and 1969 ex.s. c 273 s 13.
NEW SECTION. Sec. 17. (1) For the purposes of RCW 43.82.010, "the department of fish and wildlife" means "the department of fisheries and the department of wildlife" until July 1, 1994.
(2) This section expires July 1, 1994.
NEW SECTION. Sec. 18. Sections 8 and 9 of this act are 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."
On page 1, line 1 of the title, after "facilities;" strike the remainder of the title and insert "amending RCW 43.88A.020, 43.88.032, 43.82.010, 79.24.580, 43.82.110, and 43.82.120; reenacting and amending RCW 43.88.030 and 43.88.110; adding a new section to chapter 43.88 RCW; adding a new section to chapter 28A.525.RCW; creating new sections; repealing RCW 43.82.040, 43.82.050, 43.82.060, 43.82.070, 43.82.080, 43.82.090, 79.24.630, 79.24.632, 79.24.634, 79.24.636, 79.24.638, 79.24.640, 79.24.642, 79.24.6421, 79.24.6422, 79.24.644, 79.24.645, 79.24.646, and 79.24.647; and declaring an emergency."
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Ogden moved that the House not concur in the Senate amendments to Engrossed Substitute House Bill No. 2237 and ask the Senate for a conference thereon. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives Wang, Ogden and Sehlin as Conferees on Engrossed Substitute House Bill No. 2237.
SENATE AMENDMENTS TO HOUSE BILL
March 2, 1994
Mr. Speaker:
The Senate has passed ENGROSSED HOUSE BILL NO. 2347 with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 19.27A.020 and 1990 c 2 s 3 are each amended to read as follows:
(1) No later than January 1, 1991, the state building code council shall promulgate rules to be known as the Washington state energy code as part of the state building code.
(2) The council shall follow the legislature's standards set forth in this section to promulgate rules to be known as the Washington state energy code. The Washington state energy code shall be designed to require new buildings to meet a certain level of energy efficiency, but allow flexibility in building design, construction, and heating equipment efficiencies within that framework. The Washington state energy code shall be designed to allow space heating equipment efficiency to offset or substitute for building envelope thermal performance.
(3) The Washington state energy code shall take into account regional climatic conditions. Climate zone 1 shall include all counties not included in climate zone 2. Climate zone 2 includes: Adams, Chelan, Douglas, Ferry, Grant, Kittitas, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, and Whitman counties.
(4) The Washington state energy code for residential buildings shall require:
(a) New residential buildings that are space heated with electric resistance heating systems to achieve energy use equivalent to that used in typical buildings constructed with:
(i) Ceilings insulated to a level of R-38. The code shall contain an exception which permits single rafter or joist vaulted ceilings insulated to a level of R-30 (R value includes insulation only);
(ii) In zone 1, walls insulated to a level of R-19 (R value includes insulation only), or constructed with two by four members, R-13 insulation batts, R-3.2 insulated sheathing, and other normal assembly components; in zone 2 walls insulated to a level of R-24 (R value includes insulation only), or constructed with two by six members, R-22 insulation batts, R-3.2 insulated sheathing, and other normal construction assembly components; for the purpose of determining equivalent thermal performance, the wall U-value shall be 0.058 in zone 1 and 0.044 in zone 2;
(iii) Below grade walls, insulated on the interior side, to a level of R-19 or, if insulated on the exterior side, to a level of R-10 in zone 1 and R-12 in zone 2 (R value includes insulation only);
(iv) Floors over unheated spaces insulated to a level of R-30 (R value includes insulation only);
(v) Slab on grade floors insulated to a level of R-10 at the perimeter;
(vi) Double glazed windows with values not more than U-0.4;
(vii) In zone 1 the glazing area may be up to twenty-one percent of floor area and in zone 2 the glazing area may be up to seventeen percent of floor area where consideration of the thermal resistance values for other building components and solar heat gains through the glazing result in thermal performance equivalent to that achieved with thermal resistance values for other components determined in accordance with the equivalent thermal performance criteria of (a) of this subsection and glazing area equal to fifteen percent of the floor area. Throughout the state for the purposes of determining equivalent thermal performance, the maximum glazing area shall be fifteen percent of the floor area; and
(viii) Exterior doors insulated to a level of R-5; or an exterior wood door with a thermal resistance value of less than R-5 and values for other components determined in accordance with the equivalent thermal performance criteria of (a) of this subsection.
(b) New residential buildings which are space-heated with all other forms of space heating to achieve energy use equivalent to that used in typical buildings constructed with:
(i) Ceilings insulated to a level of R-30 in zone 1 and R-38 in zone 2 the code shall contain an exception which permits single rafter or joist vaulted ceilings insulated to a level of R-30 (R value includes insulation only);
(ii) Walls insulated to a level of R-19 (R value includes insulation only), or constructed with two by four members, R-13 insulation batts, R-3.2 insulated sheathing, and other normal assembly components;
(iii) Below grade walls, insulated on the interior side, to a level of R-19 or, if insulated on the exterior side, to a level of R-10 in zone 1 and R-12 in zone 2 (R value includes insulation only);
(iv) Floors over unheated spaces insulated to a level of R-19 in zone 1 and R-30 in zone 2 (R value includes insulation only);
(v) Slab on grade floors insulated to a level of R-10 at the perimeter;
(vi) Heat pumps with a minimum heating season performance factor (HSPF) of 6.8 or with all other energy sources with a minimum annual fuel utilization efficiency (AFUE) of seventy-eight percent;
(vii) Double glazed windows with values not more than U-0.65 in zone 1 and U-0.60 in zone 2. The state building code council, in consultation with the state energy office, shall review these U-values, and, if economically justified for consumers, shall amend the Washington state energy code to improve the U-values by December 1, 1993. The amendment shall not take effect until July 1, 1994; and
(viii) In zone 1, the maximum glazing area shall be twenty-one percent of the floor area. In zone 2 the maximum glazing area shall be seventeen percent of the floor area. Throughout the state for the purposes of determining equivalent thermal performance, the maximum glazing area shall be fifteen percent of the floor area.
(c) For log built homes with space heat other than electric resistance, the building code council shall establish equivalent thermal performance standards consistent with the standards and maximum glazing areas of (b) of this subsection.
(d) The state building code council may approve an energy code for pilot projects of residential construction that use innovative energy efficiency technologies intended to result in savings that are greater than those realized in the levels specified in this section.
(5) U-values for glazing shall be determined using the area weighted average of all glazing in the building. ((U-values for glazing are the tested values for thermal transmittance due to conduction resulting from either the American architectural manufacturers' association (AAMA) 1503.1 test procedure or the American society for testing materials (ASTM) C236 or C976 test procedures. Testing shall be conducted under established winter horizontal heat flow test conditions using the fifteen miles per hour wind speed perpendicular to the exterior surface of the glazing as specified under AAMA 1503.1 and product sample sizes specified under AAMA 1503.1. The AAMA 1503.1 testing must be conducted by an AAMA certified testing laboratory. The ASTM C236 or C976 testing U-values include any tested values resulting from a future revised AAMA 1503.1 test procedure.)) U-values for vertical glazing shall be determined, certified, and labeled in accordance with the appropriate national fenestration rating council (NFRC) standard, as determined and adopted by the state building code council. Certification of U-values shall be conducted by a certified, independent agency licensed by the NFRC. The state building code council may develop and adopt alternative methods of determining, certifying, and labeling U-values for vertical glazing that may be used by fenestration manufacturers if determined to be appropriate by the council. The state building code council shall review and consider the adoption of the NFRC standards for determining, certifying, and labeling U-values for doors and skylights when developed and published by the NFRC. The state building code council may develop and adopt appropriate alternative methods for determining, certifying, and labeling U-values for doors and skylights. U-values for doors and skylights determined, certified, and labeled in accordance with the appropriate NFRC standard shall be acceptable for compliance with the state energy code. Sealed insulation glass, where used, shall conform to, or be in the process of being tested for, ASTM E-774-81 ((level)) class A or better. ((The state building code council shall maintain a list of the tested U-values for glazing products available in the state.))
(6) The minimum state energy code for new nonresidential buildings shall be the Washington state energy code, 1986 edition, as amended.
(7)(a) Except as provided in (b) of this subsection, the Washington state energy code for residential structures shall preempt the residential energy code of each city, town, and county in the state of Washington.
(b) The state energy code for residential structures does not preempt a city, town, or county's energy code for residential structures which exceeds the requirements of the state energy code and which was adopted by the city, town, or county prior to March 1, 1990. Such cities, towns, or counties may not subsequently amend their energy code for residential structures to exceed the requirements adopted prior to March 1, 1990.
(8) The state building code council shall consult with the state energy office as provided in RCW 34.05.310 prior to publication of proposed rules. The state energy office shall review the proposed rules for consistency with the guidelines adopted in subsection (4) of this section. The director of the state energy office shall recommend to the state building code council any changes necessary to conform the proposed rules to the requirements of this section.
(9) The state building code council shall conduct a study of county and city enforcement of energy codes in the state. In conducting the study, the council shall conduct public hearings at designated council meetings to seek input from interested individuals and organizations, and to the extent possible, hold these meetings in conjunction with adopting rules under this section. The study shall include recommendations as to how code enforcement may be improved. The findings of the study shall be submitted in a report to the legislature no later than January 1, 1991.
(10) If any electric utility providing electric service to customers in the state of Washington purchases at least one percent of its firm energy load from a federal agency, pursuant to section 5.(b)(1) of the Pacific Northwest electric power planning and conservation act (P.L. 96-501), and such utility is unable to obtain from that agency at least fifty percent of the funds for payments required by RCW 19.27A.035, the amendments to this section by chapter 2, Laws of 1990 shall be null and void, and the 1986 state energy code shall be in effect, except that a city, town, or county may enforce a local energy code with more stringent energy requirements adopted prior to March 1, 1990. This subsection shall expire June 30, 1995.
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."
On page 1, line 2 of the title, after "products;" strike the remainder of the title and insert "amending RCW 19.27A.020; and declaring an emergency."
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Bray moved that the House not concur in the Senate amendments to Engrossed House Bill No. 2347 and ask the Senate for a conference thereon. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives Bray, Kessler and Casada as Conferees on Engrossed House Bill No. 2347.
SENATE AMENDMENTS TO HOUSE BILL
March 3, 1994
Mr. Speaker:
The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2663, with the following amendments:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that high-wage, high-skilled jobs are vital to the economic health of the state's citizens, and that targeted tax incentives will encourage the formation of high-wage, high-skilled jobs. The legislature also finds that tax incentives should be subject to the same rigorous requirements for efficiency and accountability as are other expenditure programs, and that tax incentives should therefore be focused to provide the greatest possible return on the state's investment.
The legislature also finds that high-technology businesses are a vital and growing source of high-wage, high-skilled jobs in this state, and that the high-technology sector is a key component of the state's effort to encourage economic diversification. However, the legislature finds that many high-technology businesses incur significant costs associated with research and development and pilot scale manufacturing many years before a marketable product can be produced, and that current state tax policy discourages the growth of these companies by taxing them long before they become profitable.
The legislature further finds that stimulating growth of high-technology businesses early in their development cycle, when they are turning ideas into marketable products, will build upon the state's established high-technology base, creating additional research and development jobs and subsequent manufacturing facilities.
For these reasons, the legislature hereby establishes a program of business and occupation tax credits for qualified research and development expenditures. The legislature also hereby establishes a tax deferral program for high-technology research and development and pilot scale manufacturing facilities. The legislature declares that these limited programs serve the vital public purpose of creating employment opportunities in this state. The legislature further declares its intent to create a contract within the meaning of Article I, section 23 of the state Constitution as to those businesses that make capital investments in consideration of the tax deferral program established in this chapter.
NEW SECTION. Sec. 2. A new section is added to chapter 82.04 RCW to read as follows:
(1) In computing the tax imposed under this chapter, a credit is allowed for each person whose research and development spending during the year in which the credit is claimed exceeds 0.92 percent of the person's taxable amount during the same calendar year.
(2) The credit is equal to the greater of the amount of qualified research and development expenditures of a person or eighty percent of amounts received by a person other than a public educational or research institution in compensation for the conduct of qualified research and development, multiplied by the rate of 0.515 percent in the case of a nonprofit corporation or nonprofit association engaging within this state in research and development, and 2.5 percent for every other person.
(3) Any person entitled to the credit provided in subsection (2) of this section as a result of qualified research and development conducted under contract may assign all or any portion of the credit to the person contracting for the performance of the qualified research and development.
(4) The credit, including any credit assigned to a person under subsection (3) of this section, shall be taken against taxes due for the same calendar year in which the qualified research and development expenditures are incurred. The credit, including any credit assigned to a person under subsection (3) of this section, for calendar year 1994 shall not exceed the lesser of one million dollars or the taxes otherwise due under this chapter for the period July 1, 1994 through December 31, 1994. The credit, including any credit assigned to a person under subsection (3) of this section, for each calendar year thereafter shall not exceed the lesser of two million dollars or the amount of tax otherwise due under this chapter for the calendar year.
(5) Any person taking the credit, including any credit assigned to a person under subsection (3) of this section, whose research and development spending during the calendar year in which the credit is claimed fails to exceed 0.92 percent of the person's taxable amount during the same calendar year shall be liable for payment of the additional taxes represented by the amount of credit taken together with interest, but not penalties. Interest shall be due at the rate provided for delinquent excise taxes retroactively to the date the credit was taken until the taxes are paid. Any credit assigned to a person under subsection (3) of this section that is disallowed as a result of this section may be taken by the person who performed the qualified research and development subject to the limitations set forth in subsection (4) of this section.
(6) Any person claiming the credit, and any person assigning a credit as provided in subsection (3) of this section, shall file an affidavit form prescribed by the department which shall include the amount of the credit claimed, an estimate of the anticipated qualified research and development expenditures during the calendar year for which the credit is claimed, an estimate of the taxable amount during the calendar year for which the credit is claimed, and such additional information as the department may prescribe.
(7) A person claiming the credit shall agree to supply the department with information necessary to measure the results of the tax credit program for qualified research and development expenditures.
(8) For the purpose of this section:
(a) "Qualified research and development expenditures" means operating expenses, including wages, compensation of a proprietor or a partner in a partnership as determined under rules adopted by the department, benefits, supplies, and computer expenses, directly incurred in qualified research and development by a person claiming the credit provided in this section. The term does not include amounts paid to a person other than a public educational or research institution to conduct qualified research and development. Nor does the term include capital costs and overhead, such as expenses for land, structures, or depreciable property.
(b) "Qualified research and development" shall have the same meaning as in section 3 of this act.
(c) "Research and development spending" means qualified research and development expenditures plus eighty percent of amounts paid to a person other than a public educational or research institution to conduct qualified research and development.
(d) "Taxable amount" means the taxable amount subject to the tax imposed in this chapter required to be reported on the person's combined excise tax returns during the year in which the credit is claimed, less any taxable amount for which a credit is allowed under RCW 82.04.440.
(9) This section shall expire July 1, 1997.
NEW SECTION. Sec. 3. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Advanced computing" means technologies used in the designing and developing of computing hardware and software, including innovations in designing the full spectrum of hardware from hand-held calculators to super computers, and peripheral equipment.
(2) "Advanced materials" means materials with engineered properties created through the development of specialized processing and synthesis technology, including ceramics, high value-added metals, electronic materials, composites, polymers, and biomaterials.
(3) "Applicant" means a person applying for a tax deferral under this chapter.
(4) "Biotechnology" means the application of technologies, such as recombinant DNA techniques, biochemistry, molecular and cellular biology, genetics and genetic engineering, cell fusion techniques, and new bioprocesses, using living organisms, or parts of organisms, to produce or modify products, to improve plants or animals, to develop microorganisms for specific uses, to identify targets for small molecule pharmaceutical development, or to transform biological systems into useful processes and products or to develop microorganisms for specific uses.
(5) "Department" means the department of revenue.
(6) "Electronic device technology" means technologies involving microelectronics; semiconductors; electronic equipment and instrumentation; radio frequency, microwave, and millimeter electronics; and optical and optic-electrical devices; and data and digital communications and imaging devices.
(7) "Eligible investment project" means that portion of an investment project which either initiates a new operation, or expands or diversifies a current operation by expanding, renovating, or equipping an existing facility with costs in excess of twenty-five percent of the true and fair value of the facility prior to improvement. The lessor or owner of the qualified building is not eligible for a deferral unless the underlying ownership of the buildings, machinery, and equipment vests exclusively in the same person, or unless the lessor by written contract agrees to pass the economic benefit of the deferral to the lessee in the form of reduced rent payments.
(8) "Environmental technology" means assessment and prevention of threats or damage to human health or the environment, environmental cleanup, and the development of alternative energy sources.
(9) "Investment project" means an investment in qualified buildings or qualified machinery and equipment, including labor and services rendered in the planning, installation, and construction or improvement of the project.
(10) "Person" has the meaning given in RCW 82.04.030.
(11) "Pilot scale manufacturing" means design, construction, and testing of preproduction prototypes and models in the fields of biotechnology, advanced computing, electronic device technology, advanced materials, and environmental technology other than for commercial sale. As used in this subsection, "commercial sale" excludes sales of prototypes or sales for market testing if the total gross receipts from such sales of the product, service, or process do not exceed one million dollars.
(12) "Qualified buildings" means structures used for pilot scale manufacturing or qualified research and development, including plant offices and other facilities that are an essential or an integral part of a structure used for pilot scale manufacturing or qualifying research and development. If a building is used partly for pilot scale manufacturing or qualifying research and development, and partly for other purposes, the applicable tax deferral shall be determined by apportionment of the costs of construction under rules adopted by the department.
(13) "Qualified machinery and equipment" means fixtures, equipment, and support facilities that are an integral and necessary part of a pilot scale manufacturing or qualified research and development operation. "Qualified machinery and equipment" includes: Computers; software; data processing equipment; laboratory equipment, instrumentation, and other devices used in a process of experimentation to develop a new or improved pilot model, plant process, product, formula, invention, or similar property; manufacturing components such as belts, pulleys, shafts, and moving parts; molds, tools, and dies; vats, tanks, and fermenters; operating structures; and all other equipment used to control, monitor, or operate the machinery. For purposes of this chapter, qualified machinery and equipment must be either new to the taxing jurisdiction of the state or new to the certificate holder, except that used machinery and equipment may be treated as qualified machinery and equipment if the certificate holder either brings the machinery and equipment into Washington or makes a retail purchase of the machinery and equipment in Washington or elsewhere.
(14) "Qualified research and development" means research and development performed within this state in the fields of advanced computing, advanced materials, biotechnology, electronic device technology, and environmental technology.
(15) "Recipient" means a person receiving a tax deferral under this chapter.
(16) "Research and development" means activities performed to discover technological information, and technical and nonroutine activities concerned with translating technological information into new or improved products, processes, techniques, formulas, inventions, or software. The term includes exploration of a new use for an existing drug, device, or biological product if the new use requires separate licensing by the federal food and drug administration under chapter 21, C.F.R., as amended. The term does not include adaptation or duplication of existing products where the products are not substantially improved by application of the technology, nor does the term include surveys and studies, social science and humanities research, market research or testing, quality control, sale promotion and service, computer software developed for internal use, and research in areas such as improved style, taste, and seasonal design.
NEW SECTION. Sec. 4. Application for deferral of taxes under this chapter must be made before July 1, 1997, and before initiation of construction of, or acquisition of equipment or machinery for the investment project. The application shall be made to the department in a form and manner prescribed by the department. The application shall contain information regarding the location of the investment project, the applicant's average employment in the state for the prior year, estimated or actual new employment related to the project, estimated or actual wages of employees related to the project, estimated or actual costs, time schedules for completion and operation, and other information required by the department. The department shall rule on the application within sixty days.
Applicants for deferral of taxes under this chapter shall agree to supply the department with nonproprietary information necessary to measure the results of the tax deferral program for high-technology research and development and pilot scale manufacturing facilities.
NEW SECTION. Sec. 5. (1) Except as provided in subsection (2) of this section, the department shall issue a sales and use tax deferral certificate for state and local sales and use taxes due under chapters 82.08, 82.12, and 82.14 RCW on each eligible investment project.
(2) No certificate may be issued for an investment project that has already received a deferral under chapters 82.60 or 82.61 RCW or this chapter, except that an investment project for qualified research and development that has already received a deferral may also receive an additional deferral certificate for adapting the investment project for use in pilot scale manufacturing.
(3) This section shall expire July 1, 1997.
NEW SECTION. Sec. 6. (1) Except as provided in subsections (2) and (3) of this section, a recipient shall begin paying taxes deferred under this chapter on December 31st of the third calendar year after the date certified by the department as the date on which the investment project has been operationally completed, or on December 31st of the fifth calendar year after the certificate was granted, whichever is sooner. Subsequent annual payments shall be due on December 31st of the following four years with amounts of payment scheduled as follows:
Repayment Year % of Deferred Tax Repaid
1 10%
2 15%
3 20%
4 25%
5 30%
(2) A recipient that is an institution recognized as a comprehensive cancer center by the national cancer institute before April 20, 1983, shall begin paying taxes deferred under this chapter on December 31st of the third calendar year after the date certified by the department as the date on which the investment project has been operationally completed, or on December 31st of the fifth calendar year after the certificate was granted, whichever is sooner. Subsequent annual payments shall be due on December 31st of the following four years with amounts of payment scheduled as follows:
Repayment Year % of Deferred Tax Repaid
1 10%
2 12%
3 14%
4 28%
5 36%
(3) A recipient of a tax deferral on an investment project for qualified research and development on, or pilot scale manufacturing of, a drug, device, or biological product that requires licensing by the federal food and drug administration under chapter 21, C.F.R., as amended, shall begin paying taxes deferred under this chapter on December 31st of the fifth calendar year after the date certified by the department as the date on which the investment project has been operationally completed, or on December 31st of the seventh calendar year after the certificate was granted, whichever is sooner. Subsequent annual payments shall be due on December 31st of the following five years with amounts of payment scheduled as follows:
Repayment Year % of Deferred Tax Repaid
1 10%
2 10%
3 15%
4 20%
5 20%
6 25%
(4) The department may authorize an accelerated repayment schedule upon request of the recipient.
(5) Interest may not be charged on taxes deferred under this chapter for the period of deferral, although all other penalties and interest applicable to delinquent excise taxes may be assessed and imposed for delinquent payments under this chapter. The debt for deferred taxes will not be extinguished by insolvency or other failure of the recipient.
NEW SECTION. Sec. 7. If an investment project is used for purposes other than qualified research and development or pilot scale manufacturing prior to repayment of the taxes deferred under this chapter, the amount of the deferred taxes outstanding for the project is immediately due.
NEW SECTION. Sec. 8. Chapter 82.32 RCW applies to the administration of this chapter.
NEW SECTION. Sec. 9. Applications and other information received by the department under this chapter are not confidential and are subject to disclosure.
NEW SECTION. Sec. 10. The department shall perform an assessment of the results of the tax credit and tax deferral programs authorized under chapters 82.60, 82.61, and 82.62 RCW and deliver a report on the assessment to the governor and the legislature by January 1, 1997. The assessments 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 research and development investment, the movement of firms or the consolidation of firms' operations into the state, and such other factors as the department selects.
NEW SECTION. Sec. 11. Sections 1 and 3 through 9 of this act shall constitute a new chapter in Title 82 RCW.
NEW SECTION. Sec. 12. This act shall take effect July 1, 1994."
On page 1, line 4 of the title, after "facilities;" strike the remainder of the title and insert "adding a new section to chapter 82.04 RCW; adding a new chapter to Title 82 RCW; creating a new section; and providing an effective date."
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Holm moved that the House not concur in the Senate amendments to Engrossed Substitute House Bill No. 2663 and ask the Senate for a conference thereon. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives G. Fisher, Peery and Foreman as Conferees on Engrossed Substitute House Bill No. 2663.
SENATE AMENDMENTS TO HOUSE BILL
March 4, 1994
Mr. Speaker:
The Senate has passed ENGROSSED HOUSE BILL NO. 1242 with the following amendment:
On page 3, line 10, strike all of subsection (5)
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Heavey moved that the House not concur in the Senate amendments to Engrossed House Bill No. 1242 and ask the Senate for a conference thereon. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives Heavey, King and Lisk as Conferees on Engrossed House Bill No. 1242.
SENATE AMENDMENTS TO HOUSE BILL
March 3, 1993
Mr. Speaker:
The Senate has passed SECOND ENGROSSED SUBSTITUTE HOUSE BILL NO. 1471, with the following amendments:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that the commercial crab fishery in coastal and offshore waters is overcapitalized. The legislature further finds that this overcapitalization has lead to the economic destabilization of the coastal crab industry, and can cause excessive harvesting pressures on the coastal crab resources of Washington state. In order to provide for the economic well-being of the Washington crab industry and to protect the livelihood of Washington crab fishers who have historically and continuously participated in the coastal crab fishery, the legislature finds that it is in the best interests of the economic well-being of the coastal crab industry to reduce the number of fishers taking crab in coastal waters, to reduce the number of vessels landing crab taken in offshore waters, to limit the number of future licenses, and to limit fleet capacity by limiting vessel size.
NEW SECTION. Sec. 2. (1) Effective January 1, 1995, it is unlawful to fish for coastal crab in Washington state waters without a Dungeness crab--coastal or a Dungeness crab--coastal class B fishery license.
(2) A Dungeness crab--coastal fishery license is transferable. Such a license shall only be issued to a person who proved active historical participation in the coastal crab fishery by having designated, after December 31, 1993, a vessel on the qualifying license that meets the following criteria:
(a) Made a minimum of eight coastal crab landings totaling a minimum of five thousand pounds per season in at least two of the four qualifying seasons identified in subsection (4) of this section, as documented by valid Washington state shellfish receiving tickets; and showed historical and continuous participation in the coastal crab fishery by having held one of the following licenses or their equivalents each calendar year beginning 1990 through 1993, and was designated on the qualifying license of the person who held one of the following licenses in 1994:
(i) Crab pot—Non-Puget Sound license, issued under RCW 75.28.130(1)(b);
(ii) Nonsalmon delivery license, issued under RCW 75.28.125;
(iii) Salmon troll license, issued under RCW 75.28.110;
(iv) Salmon delivery license, issued under RCW 75.28.113;
(v) Food fish trawl license, issued under RCW 75.28.120; or
(vi) Shrimp trawl license, issued under RCW 75.28.130; or
(b) Made a minimum of four landings of coastal crab totaling two thousand pounds during the period from December 1, 1991, to March 20, 1992, and made a minimum of eight crab landings totaling a minimum of five thousand pounds of coastal crab during each of the following periods: December 1, 1991, to September 15, 1992; December 1, 1992, to September 15, 1993; and December 1, 1993, to September 15, 1994. For landings made after December 31, 1993, the vessel shall have been designated on the qualifying license of the person making the landings.
(3) A Dungeness crab--coastal class B fishery license is not transferable. Such a license shall be issued to persons who do not meet the qualification criteria for a Dungeness crab--coastal fishery license, if the person has designated on a qualifying license after December 31, 1993, a vessel that made a minimum of four landings totaling a minimum of two thousand pounds of coastal crab, documented by valid Washington state shellfish receiving tickets, during at least one of the four qualifying seasons, and if the person has participated continuously in the coastal crab fishery by having held or by having owned a vessel that held one or more of the licenses listed in subsection (2) of this section in each calendar year subsequent to the qualifying season in which qualifying landings were made through 1994. Dungeness crab--coastal class B fishery licenses cease to exist after December 31, 2000, and the continuing license provisions of RCW 34.05.422(3) are not applicable.
(4) The four qualifying seasons for purposes of this section are:
(a) December 1, 1988, through September 15, 1989;
(b) December 1, 1989, through September 15, 1990;
(c) December 1, 1990, through September 15, 1991; and
(d) December 1, 1991, through September 15, 1992.
(5) For purposes of this section and section 6 of this act, "coastal crab" means Dungeness crab (cancer magister) taken in all Washington territorial waters south of the United States-Canada boundary and west of the Bonilla-Tatoosh line (a line from the western end of Cape Flattery to Tatoosh Island lighthouse, then to the buoy adjacent to Duntz Rock, then in a straight line to Bonilla Point of Vancouver island), Grays Harbor, Willapa Bay, and the Columbia river.
NEW SECTION. Sec. 3. The legislature finds that some persons may have seriously planned to enter the commercial crab fishery, but were unable to fulfill the landing requirements because the vessel under construction was not completed in sufficient time to make the qualifying landings.
(1) A person who cannot demonstrate participation in the coastal crab fishery under section 2 of this act shall be awarded a Dungeness crab--coastal fishery license if:
(a) The person, after December 31, 1993, has designated a vessel on the qualifying license that was in the process of being constructed for the purpose of being employed in the Washington coastal crab fishery on September 15, 1992. For purposes of this section, "construction" means having the keel laid, and "for the purpose of being employed in the Washington coastal crab fishery" means the vessel is designed to retrieve crab pots mechanically and has a live well; and
(b) The vessel landed both five thousand pounds of coastal crab into a Washington port before September 15, 1993, and five thousand pounds of coastal crab in eight landings between December 1, 1993, and September 15, 1994; or
(c) The vessel under construction is a replacement vessel for a lost vessel that, had it not been lost, would have met eligibility requirements for the applicant for a Dungeness crab--coastal fishery license.
(2) All applications for Dungeness crab--coastal fishery licenses under this section shall be subject to review by the advisory review board in accordance with RCW 75.30.060. The board shall recommend to the director whether such applications should be accepted.
NEW SECTION. Sec. 4. For the purpose of purchasing Dungeness crab--coastal class B fishery licenses, a temporary surcharge of two hundred dollars shall be collected with each Dungeness crab--coastal fishery license, and each Dungeness crab--coastal class B fishery license issued under RCW 75.28.130. The surcharge shall be in effect from December 1, 1994, until sufficient funds are collected to buy back the number of crab licenses to reduce the number to two hundred licenses, or until September 15, 1999. The moneys shall be deposited in the coastal crab account which is hereby created in the custody of the state treasurer. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW but no appropriation is required for expenditures. Funds may be used only for license purchase as defined in section 5 of this act. The fiscal committees of the legislature shall review the status and expenditures from the coastal crab account yearly to determine if repeal of the fee is appropriate given the purpose of license reduction under the license moratorium. Funds remaining in the coastal crab account after November 30, 1999, shall revert to the general fund.
NEW SECTION. Sec. 5. Expenditures from the coastal crab account may be made by the department of fish and wildlife to purchase Dungeness crab--coastal class B fishery licenses during the following time periods:
(1) June 1, 1995, to November 30, 1995, at a price not to exceed five thousand dollars per license;
(2) December 1, 1995, to November 30, 1996, at a price not to exceed three thousand five hundred dollars per license;
(3) December 1, 1996, to November 30, 1997, at a price not to exceed two thousand five hundred dollars per license;
(4) December 1, 1997, to November 30, 1998, at a price not to exceed one thousand five hundred dollars per license; or
(5) December 1, 1998, to November 30, 1999, at a price not to exceed five hundred dollars per license.
The department shall establish rules governing the purchase of class B licenses. Dungeness crab--coastal class B fishery licensees may apply to the department for the purposes of selling their license on a willing-seller basis. Licenses will be purchased in the order applications are received, or as funds allow.
NEW SECTION. Sec. 6. (1) An Oregon resident who can show historical and continuous participation in the Washington state coastal crab fishery by having held a nonresident Non-Puget Sound crab pot license issued under RCW 75.28.130 each year from 1990 through 1994, and who has delivered a minimum of eight landings totaling five thousand pounds of crab into Oregon during any two of the four qualifying seasons as provided in section 2(4) of this act as evidenced by valid Oregon fish receiving tickets, shall be issued a nonresident Dungeness crab--coastal fishery license valid for fishing in Washington state waters north from the Oregon-Washington boundary to United States latitude forty-six degrees thirty minutes north. Such license shall be issued upon application and submission of proof of delivery.
(2) This section shall become effective contingent upon reciprocal statutory authority in the state of Oregon providing for equal access for Washington state coastal crab fishers to Oregon territorial coastal waters north of United States latitude forty-five degrees fifty-eight minutes north, and Oregon waters of the Columbia river.
NEW SECTION. Sec. 7. (1) The following restrictions apply to vessel designations and substitutions on Dungeness crab--coastal fishery licenses and Dungeness crab--coastal class B fishery licenses:
(a) The holder of the license may not designate on the license a vessel the hull length of which exceeds ninety-nine feet, nor may the holder change vessel designation if the hull length of the vessel proposed to be designated exceeds the hull length of the currently designated vessel by more than ten feet;
(b) If the hull length of the vessel proposed to be designated is comparable to or exceeds by up to one foot the hull length of the currently designated vessel, the department may change the vessel designation no more than once in any two consecutive Washington state coastal crab seasons unless the currently designated vessel is lost or in disrepair such that it does not safely operate, in which case the department may allow a change in vessel designation;
(c) If the hull length of the vessel proposed to be designated exceeds by between one and ten feet the hull length of the currently designated vessel, the department may change the vessel designation no more than once in any five consecutive Washington state coastal crab seasons, unless a request is made by the license holder during a Washington state coastal crab season for an emergency change in vessel designation. If such an emergency request is made, the director may allow a temporary change in designation to another vessel, if the hull length of the other vessel does not exceed by more than ten feet the hull length of the currently designated vessel.
(2) For the purposes of this section, "hull length" means the length of a vessel's hull as shown by United States coast guard documentation or marine survey, or for vessels that do not require United States coast guard documentation, by manufacturer's specifications or marine survey.
Sec. 8. RCW 75.28.044 and 1993 sp.s. c 17 s 45 are each amended to read as follows:
This section applies to all commercial fishery licenses, delivery licenses, and charter licenses, except for emergency salmon delivery licenses.
(1) The holder of a license subject to this section may substitute the vessel designated on the license or designate a vessel if none has previously been designated if the license holder:
(a) Surrenders the previously issued license to the department;
(b) Submits to the department an application that identifies the currently designated vessel, the vessel proposed to be designated, and any other information required by the department; and
(c) Pays to the department a fee of thirty-five dollars.
(2) Unless the license holder owns all vessels identified on the application described in subsection (1)(b) of this section or unless the vessel is designated on a Dungeness crab--coastal or a Dungeness crab--coastal class B fishery license, the following restrictions apply to changes in vessel designation:
(a) The department shall change the vessel designation on the license no more than four times per calendar year.
(b) The department shall change the vessel designation on the license no more than once in any seven-day period.
Sec. 9. RCW 75.28.046 and 1993 c 340 s 9 are each amended to read as follows:
This section applies to all commercial fishery licenses, delivery licenses, and charter licenses, except for whiting--Puget Sound fishery licenses and emergency salmon delivery licenses.
(1) The license holder may engage in the activity authorized by a license subject to this section. With the exception of Dungeness crab--coastal fishery class B licensees licensed under section 2(3) of this act, the holder of a license subject to this section may also designate up to two alternate operators for the license. Dungeness crab--coastal fishery class B licensees may not designate alternate operators. A person designated as an alternate operator must possess an alternate operator license issued under section 23 of this act and RCW 75.28.048.
(2) The fee to change the alternate operator designation is twenty-two dollars.
NEW SECTION. Sec. 10. Except as provided under section 14 of this act, the director shall issue no new Dungeness crab--coastal fishery licenses after December 31, 1995. A person may renew an existing license only if the person held the license sought to be renewed during the previous year or acquired the license by transfer from someone who held it during the previous year, and if the person has not subsequently transferred the license to another person. Where the person failed to obtain the license during the previous year because of a license suspension, the person may qualify for a license by establishing that the person held such a license during the last year in which the license was not suspended.
Sec. 11. RCW 75.28.130 and 1993 sp.s. c 17 s 40 are each amended to read as follows:
(1) This section establishes commercial fishery licenses required for shellfish fisheries and the annual fees for those licenses. The director may issue a limited-entry commercial fishery license only to a person who meets the qualifications established in applicable governing sections of this title.
Fishery Annual Fee Vessel Limited
(Governing section(s)) Resident Nonresident Required? Entry?
(a) Burrowing shrimp $185 $295 Yes No
(b) ((Crab pot $295 $520 Yes No
(c) Crab pot— $130 $185 Yes No
Puget Sound
(d))) Crab ring net— $130 $185 Yes No
Non-Puget Sound
(((e))) (c) Crab ring net $130 $185 Yes No
Puget Sound
(((f))) (d) Dungeness crab $295 $520 Yes Yes
coastal (section 2
of this act)
(e) Dungeness crab $295 $520 Yes Yes
coastal, class B
(section 2 of this act)
(f) Dungeness crab $130 $185 Yes Yes
Puget Sound
(RCW 75.30.130)
(g) Emerging commercial $185 $295 Determined Determined
fishery (RCW 75.30.220 by rule by rule
and 75.28.740)
(h) Geoduck (RCW $ 0 $ 0 Yes Yes
75.30.280)
(i) Hardshell clam $530 $985 Yes No
mechanical harvester
(RCW 75.28.280)
(j) Oyster reserve $130 $185 No No
(RCW 75.28.290)
(k) Razor clam $130 $185 No No
(l) Sea cucumber dive $130 $185 Yes Yes
(RCW 75.30.250)
(m) Sea urchin dive $130 $185 Yes Yes
(RCW 75.30.210)
(n) Shellfish dive (($525)) (($1045)) Yes No
$130 $185
(o) Shellfish pot $130 $185 Yes No
(p) Shrimp pot $325 $575 Yes No
Hood Canal
(q) Shrimp trawl $240 $405 Yes No
Non-Puget Sound
(r) Shrimp trawl $185 $295 Yes No
Puget Sound
(s) Squid $185 $295 Yes No
(2) The director may by rule determine the species of shellfish that may be taken with the commercial fishery licenses established in this section, the gear that may be used with the licenses, and the areas or waters in which the licenses may be used. Where a fishery license has been established for a particular species, gear, geographical area, or combination thereof, a more general fishery license may not be used to take shellfish in that fishery.
NEW SECTION. Sec. 12. A surcharge of fifty dollars shall be collected with each Dungeness crab--coastal fishery license issued under RCW 75.28.130 until June 30, 2000, and with each Dungeness crab--coastal class B fishery license issued under RCW 75.28.130 until December 31, 1997. Moneys collected under this section shall be placed in the Dungeness crab appeals account hereby created in the state treasury. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures. Expenditures from the account shall only be used for processing appeals related to the issuance of Dungeness crab--coastal fishery licenses.
NEW SECTION. Sec. 13. (1) It is unlawful for Dungeness crab--coastal fishery licensees to take Dungeness crab in the waters of the exclusive economic zone westward of the states of Oregon or California and land crab taken in those waters into Washington state unless the licensee also holds the licenses, permits, or endorsements, required by Oregon or California to land crab into Oregon or California, respectively.
(2) This section becomes effective only upon reciprocal legislation being enacted by both the states of Oregon and California. For purposes of this section, "exclusive economic zone" means that zone defined in the federal fishery conservation and management act (16 U.S.C. Sec. 1802) as of the effective date of this section or as of a subsequent date adopted by rule of the director.
NEW SECTION. Sec. 14. If fewer than one hundred seventy-five persons are eligible for Dungeness crab--coastal fishery licenses, the director may accept applications for new licenses. Additional licenses issued shall be sufficient to maintain a maximum of one hundred seventy-five licenses in the Washington coastal crab fishery. If additional licenses are to be issued, the director shall adopt rules governing the notification, application, selection, and issuance procedures for new Dungeness crab--coastal fishery licenses, based on recommendations of the review board established under RCW 75.30.050.
Sec. 15. RCW 75.30.050 and 1993 c 376 s 9 and 1993 c 340 s 27 are each reenacted and amended to read as follows:
(1) The director shall appoint three-member advisory review boards to hear cases as provided in RCW 75.30.060. Members shall be from:
(a) The salmon charter boat fishing industry in cases involving salmon charter licenses or angler permits;
(b) The commercial salmon fishing industry in cases involving commercial salmon fishery licenses;
(c) The commercial crab fishing industry in cases involving dungeness crab--Puget Sound fishery licenses;
(d) The commercial herring fishery in cases involving herring fishery licenses;
(e) The commercial Puget Sound whiting fishery in cases involving whiting--Puget Sound fishery licenses;
(f) The commercial sea urchin fishery in cases involving sea urchin dive fishery licenses;
(g) The commercial sea cucumber fishery in cases involving sea cucumber dive fishery licenses; ((and))
(h) The commercial ocean pink shrimp industry (Pandalus jordani) in cases involving ocean pink shrimp delivery licenses; and
(i) The commercial coastal crab industry in cases involving Dungeness crab--coastal and Dungeness crab--coastal class B fishery licenses.
(2) Members shall serve at the discretion of the director and shall be reimbursed for travel expenses as provided in RCW 43.03.050, 43.03.060, and 43.03.065.
NEW SECTION. Sec. 16. The director may reduce the landing requirements established under section 2 of this act upon the recommendation of an advisory review board established under RCW 75.30.050, but the director may not entirely waive the landing requirement. The advisory review board may recommend a reduction of the landing requirement in individual cases if in the board's judgment, extenuating circumstances prevented achievement of the landing requirement. The director shall adopt rules governing the operation of the advisory review board and defining "extenuating circumstances." In defining extenuating circumstances, special consideration shall be given to individuals who can provide evidence of lack of access to capital based on past discrimination due to race, creed, color, sex, national origin, or disability.
NEW SECTION. Sec. 17. The department, with input from Dungeness crab--coastal fishery licensees and processors, shall prepare a resource plan to achieve even-flow harvesting and long-term stability of the coastal Dungeness crab resource. The plan may include pot limits, further reduction in the number of vessels, individual quotas, trip limits, area quotas, or other measures as determined by the department. The plan shall be submitted to the appropriate standing committees of the legislature by December 1, 1995.
Sec. 18. RCW 75.28.125 and 1993 sp.s. c 17 s 39 and 1993 c 376 s 3 are each reenacted and amended to read as follows:
(1) Except as provided in subsection (2) of this section, it is unlawful to deliver with a commercial fishing vessel food fish or shellfish taken in offshore waters to a port in the state without a ((nonsalmon)) nonlimited entry delivery license. As used in this section, "food fish" does not include salmon. As used in this section, "shellfish" does not include ocean pink shrimp or coastal crab. The annual license fee for a ((nonsalmon)) nonlimited entry delivery license is one hundred ten dollars for residents and two hundred dollars for nonresidents.
(2) Holders of salmon troll fishery licenses issued under RCW 75.28.110, salmon delivery licenses issued under RCW 75.28.113, crab pot fishery licenses issued under RCW 75.28.130, food fish trawl--Non-Puget Sound fishery licenses issued under RCW 75.28.120, Dungeness crab--coastal fishery licenses, ocean pink shrimp delivery licenses, and shrimp trawl--Non-Puget Sound fishery licenses issued under RCW 75.28.130 may deliver food fish or shellfish taken in offshore waters without a ((nonsalmon)) nonlimited entry delivery license.
(3) A ((nonsalmon)) nonlimited entry delivery license authorizes no taking of food fish or shellfish from state waters.
(4) Coastal crab, as defined in section 2 of this act, taken in offshore waters with a commercial fishing vessel may be delivered to a port in this state without a nonlimited entry delivery license.
Sec. 19. RCW 75.28.113 and 1993 sp.s. c 17 s 36 are each amended to read as follows:
(1) It is unlawful to deliver salmon taken in offshore waters to a place or port in the state without a salmon delivery license from the director. The annual fee for a salmon delivery license is three hundred eighty dollars for residents and six hundred eighty-five dollars for nonresidents. The annual surcharge under RCW 75.50.100 is one hundred dollars for each license. Holders of ((nonsalmon)) nonlimited entry delivery licenses issued under RCW 75.28.125 may apply the ((nonsalmon)) nonlimited entry delivery license fee against the salmon delivery license fee.
(2) Only a person who meets the qualifications established in RCW 75.30.120 may hold a salmon delivery license issued under this section.
(3) A salmon delivery license authorizes no taking of salmon or other food fish or shellfish from the waters of the state.
(4) If the director determines that the operation of a vessel under a salmon delivery license results in the depletion or destruction of the state's salmon resource or the delivery into this state of salmon products prohibited by law, the director may revoke the license under the procedures of chapter 34.05 RCW.
NEW SECTION. Sec. 20. (1) Section 12 of this act is added to chapter 75.28 RCW.
(2) Sections 2 through 7, 10, 13, 14, 16, and 17 of this act are each added to chapter 75.30 RCW.
NEW SECTION. Sec. 21. 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. 22. Sections 1 through 16 and 18 through 21 of this act shall take effect January 1, 1995."
On page 1, line 1 of the title, after "fishery;" strike the remainder of the title and insert "amending RCW 75.28.044, 75.28.046, 75.28.130, and 75.28.113; reenacting and amending RCW 75.30.050 and 75.28.125; adding a new section to chapter 75.28 RCW; adding new sections to chapter 75.30 RCW; creating a new section; and providing an effective date."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative King moved that the House not concur in the Senate amendments to Second Engrossed Substitute House Bill No. 1471 and ask the Senate for a conference thereon. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives King, Orr and Sehlin as Conferees on Second Engrossed Substitute House Bill No. 1471.
SENATE AMENDMENTS TO HOUSE BILL
March 2, 1994
Mr. Speaker:
The Senate has passed ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2510, with the following amendments:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 44.04 RCW to read as follows:
(1) The legislature recognizes that clear grants of rule-making authority are necessary for efficient and effective regulatory programs and accountability in governmental decision making, and that the agency granted rule-making authority should be the most competent to exercise jurisdiction over the subject matter. It is therefore the legislature's purpose to establish processes to ensure that existing and future laws provide clear and appropriate rule-making authority.
(2) The standing committees of the legislature shall selectively review legislative grants of rule-making authority to determine: (a) Whether the authority granted is clear and as intended; (b) whether the legislative intent is specific and includes defined objectives; and (c) whether the grant of authority is consistent with and not duplicative of grants to other agencies. In performing such a review, priority shall be given to grants of rule-making authority to the department of revenue, the employment security department, the department of ecology, the department of labor and industries, the department of health, the department of licensing, the department of fish and wildlife, the department of natural resources, and the insurance commissioner.
In those instances where the review identifies statutes that do not meet these criteria, corrective legislation shall be prepared that clarifies, narrows, or repeals the grants of rule-making authority.
(3) The senate and the house of representatives shall ensure that bills introduced that grant rule-making authority to state agencies contain clear and specific direction regarding the authority granted. (4) Appropriate standing committees of the senate and house of representatives shall prepare a regulatory note as part of the bill report on each bill before the committee that grants rule-making authority to a state agency. The regulatory note shall identify if rule making is required or authorized by the bill, describe the nature of the rule making, identify agencies to which rule making is delegated, and identify any other agencies that have rule-making authority over the same activity or subject matter. However in the event of a conflict between the note and any section of the revised code of Washington or uncodified session law, the revised code or uncodified session law shall prevail and nothing in the note shall be considered to be part of the revised code or uncodified session law.
Sec. 2. RCW 34.05.310 and 1993 c 202 s 2 are each amended to read as follows:
(1) To meet the intent of providing greater public access to administrative rule making and to promote consensus among interested parties, agencies ((are encouraged to:
(1))) shall solicit comments from the public on a subject of possible rule making before publication of a notice of proposed rule adoption under RCW 34.05.320. ((This process can be accomplished by having a notice published in the state register of the subject under active consideration and indicating where, when, and how persons may comment; and)) The agency shall prepare a statement of intent that:
(a) States the specific statutory authority for the new rule;
(b) Identifies the reasons the new rule is needed;
(c) Identifies the goals of the new rule;
(d) Describes the process by which the rule will be developed, including, but not limited to, negotiated rule making, pilot rule making, or agency study; and
(e) Specifies the process by which interested parties can effectively participate in the formulation of the new rule.
The statement of intent shall be filed with the code reviser for publication in the state register and shall be sent to identifiable interested parties. Interested parties may include, but are not limited to, trade associations, interest groups, specific businesses, the business assistance center, chambers of commerce, local governments, labor organizations, environmental groups, consumer protection groups, citizen organizations, state agencies, and any other appropriate entity.
(2) Agencies are encouraged to develop and use new procedures for reaching agreement among interested parties before publication of notice and the adoption hearing on a proposed rule. Examples of new procedures include, but are not limited to:
(a) Negotiated rule making which includes:
(i) Identifying individuals and organizations that have a recognized interest in or will be significantly affected by the adoption of the proposed rule;
(((b))) (ii) Soliciting participation by persons who are capable, willing, and appropriately authorized to enter into such negotiations;
(((c))) (iii) Assuring that participants fully recognize the consequences of not participating in the process, are committed to negotiate in good faith, and recognize the alternatives available to other parties;
(((d))) (iv) Establishing guidelines to encourage consideration of all pertinent issues, to set reasonable completion deadlines, and to provide fair and objective settlement of disputes that may arise;
(((e))) (v) Agreeing on a reasonable time period during which the agency will be bound to the rule resulting from the negotiations without substantive amendment; and
(((f))) (vi) Providing a mechanism by which one or more parties may withdraw from the process or the negotiations may be terminated if it appears that consensus cannot be reached on a draft rule that accommodates the needs of the agency, interested parties, and the general public and conforms to the legislative intent of the statute that the rule is intended to implement; and
(b) Pilot rule making which includes testing the draft of a proposed rule through the use of volunteer pilot study groups in various areas and circumstances.
(3)(a) Agencies must make a determination whether negotiated rule making, pilot rule making, or another process for generating participation from interested parties prior to development of the rule is appropriate.
(b) Agencies must include a written justification in the rule-making file if an opportunity for interested parties to participate in the rule-making process prior to publication of the proposed rule has not been provided.
Sec. 3. 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) Citations to all data, factual information, studies, or reports on which the agency relies in the adoption of the rule, indicating where such data, factual information, studies, or reports are available for review by the public;
(h) The written summary and response required by RCW 34.05.325(6); and
(i) Any other material placed in the file by the agency.
(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. 4. 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) Within seven days after the rule is adopted, any person may petition the governor requesting the immediate repeal of a rule adopted on an emergency basis by any agency headed by a nonelected official. Within seven days after submission of the petition, the governor shall either deny the petition in writing, stating his or her reasons for the denial, or order the immediate repeal of the rule. In ruling on the petition, the governor shall consider only whether the conditions in subsection (1) of this section were met such that adoption of the rule on an emergency basis was necessary. If the governor orders the repeal of the emergency rule, any agency action based on that rule is void. This subsection shall not be construed to prohibit adoption of any rule as a permanent rule.
(4) In adopting an emergency rule, the agency shall meet the same criteria as set forth in section 5 of this act or provide written justification for its failure to provide the information.
NEW SECTION. Sec. 5. A new section is added to chapter 34.05 RCW to read as follows:
(1) In addition to other requirements imposed by law, an agency may not adopt a rule the violation of which subjects a person to a penalty or administrative sanction; that establishes, alters, or revokes a qualification or standard for the issuance, suspension, or revocation of a license to pursue a commercial activity, trade, or profession; or that establishes, alters, or revokes a mandatory standard for a product or material that must be met before distribution or sale, unless:
(a) The rule is needed;
(b) The likely benefits of the rule justify its likely costs;
(c) There are no alternatives to the rule that would be as effective but less burdensome on those required to comply;
(d) Any fee imposed is reasonable and related to the cost of administration;
(e) The rule is clearly and simply stated, so that it can be understood by persons required to comply;
(f) The rule does not conflict with, or unless necessary to achieve the objectives of the statute upon which the rule is based, overlap, or duplicate any other provision of federal, state, or local law;
(g) The rule does not, unless necessary to achieve the objectives of the statute upon which the rule is based, differ from any provision of federal law regulating the same activity or subject matter; and
(h) The rule does not, unless necessary to achieve the objectives of the statute upon which the rule is based, differ in its application to public and private entities.
(2) Nothing in subsection (1) of this section shall be construed to change the existing standard of judicial review of agency rule making.
NEW SECTION. Sec. 6. A new section is added to chapter 34.05 RCW to read as follows:
(1) Upon adoption of any rule covered by section 5 of this act, an agency shall have a plan to: (a) Inform and educate affected persons about the rule; (b) promote voluntary compliance; (c) evaluate whether the rule achieves the purpose for which it was adopted; and (d) evaluate whether the rule avoids the taking of private property for public use unless no reasonable alternative exists that advances the public interest.
(2) Upon the adoption of a rule covered by section 5 of this act regulating the same activity or subject matter as another provision of federal, state, or local law, an agency shall do all of the following:
(a) Provide to the business assistance center a list citing by reference the other federal, state, and local laws that regulate the same activity or subject matter;
(b) Coordinate implementation and enforcement of the rule with the other federal, state, and local entities regulating the same activity or subject matter by doing one or more of the following: (i) Deferring to the other entity; (ii) designating a lead agency; or (iii) entering into an agreement with the other entities specifying how the agency and entities will coordinate implementation and enforcement. If the agency is unable to meet this requirement, the agency shall report to the legislature pursuant to (c) of this subsection;
(c) Report to the chief clerk of the house of representatives and the secretary of the senate regarding: (i) The existence of any overlap or duplication of other federal, state, or local laws, and any differences from federal law; (ii) legislation that may be necessary to eliminate or mitigate any adverse effects of such overlap, duplication, or difference; and (iii) legislation that may be necessary to facilitate coordination with appropriate governmental entities regulating the same activity or subject matter.
(3) For purposes of this section, "taking" means totally destroying or rendering valueless private property, damaging by a public use in connection with an actual taking by the exercise of eminent domain, or when there is interference with use of property to owner's prejudice, with resulting diminution in value. Police action to prevent or abate actual damage to another is not considered a taking.
Sec. 7. 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))) (a) either deny the petition in writing, stating its reasons for the denial, or (((2))) (b) 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 submitted under subsection (1) of this section, the petitioner, within thirty days of the denial, may appeal the denial to the governor. The petitioner may file notice of the appeal with the code reviser for publication in the Washington State Register. Within sixty days after receiving the appeal, the governor shall either reject the appeal in writing, stating his or her reasons for the rejection, or order the agency to initiate rule-making proceedings in accordance with this chapter. In deciding on the appeal, among other factors the governor should consider:
(a) Whether the agency complied with sections 5 and 6 of this act;
(b) Whether the agency has established an adequate internal rules review process, allowing public participation, and has subjected the rule to that review;
(c) The nature of complaints and other comments received from the public concerning the rule;
(d) Whether the rule conflicts with, overlaps, or duplicates any other provision of federal, state, or local law and, if so, whether the agency has taken steps to mitigate any adverse effects of the conflict, overlap, or duplication;
(e) The extent to which technology, social or economic conditions, or other relevant factors have changed since the rule was adopted, and whether, given those changes, the rule continues to be necessary and appropriate;
(f) Whether the statute that the rule implements has been amended or repealed by the legislature, or ruled invalid by a court.
(3) The governor's office shall provide a copy of the governor's ruling under subsection (2) of this section to anyone upon request.
Sec. 8. 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. 9. 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.
(((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.))
NEW SECTION. Sec. 10. A new section is added to chapter 19.85 RCW to read as follows:
The legislature finds that administrative rules adopted by state agencies can have a disproportionate impact on the state's small businesses because of the size of those businesses. This disproportionate impact reduces competition, innovation, employment, and new employment opportunities, and threatens the very existence of some small businesses. The legislature therefore enacts the regulatory fairness act, chapter . . ., Laws of 1994 (this act), with the intent of reducing the disproportionate impact of state administrative rules on small business.
Sec. 11. 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.
(4) "Taking" means totally destroying or rendering valueless private property, damaging by a public use in connection with an actual taking by the exercise of eminent domain, or when there is interference with use of property to owner's prejudice, with resulting diminution in value. Police action to prevent or abate actual damage to another is not considered a taking.
Sec. 12. 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;
(2) 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))) (1) In the adoption of a rule under RCW 34.05.320, an agency shall prepare a small business economic impact statement: (a) If the proposed rule will impose more than minor costs on businesses in an industry; or (b) if requested to do so by a majority vote of the joint administrative rules review committee within thirty days after notice of the proposed rule is published in the state register.
An agency shall prepare the small business economic impact statement in accordance with RCW 19.85.040, and file it with the code reviser along with the notice required under RCW 34.05.320. An agency shall file a statement prepared at the request of the joint administrative rules review committee with the code reviser upon its completion before the adoption of the rule. An agency shall provide a copy of the small business economic impact statement to any person requesting it.
An agency may request assistance from the business assistance center in the preparation of the small business economic impact statement.
(2) A proposed rule will impose more than minor costs on businesses in an industry when the costs imposed will equal or exceed 0.1 percent of the average yearly profit for businesses in that industry. The business assistance center shall develop guidelines to assist agencies in determining whether a proposed rule will impose such costs. The business assistance center may review an agency determination that a proposed rule will not impose such costs, and shall advise the joint administrative rules review committee on disputes involving agency determinations under this section.
(3) Based upon the extent of disproportionate impact on small business identified in the statement prepared under RCW 19.85.040, the agency shall, unless reasonable justification exists to do otherwise, reduce the costs imposed by the rule on small businesses. Methods to reduce the costs on small businesses may include, but are not limited to:
(a) Reducing, modifying, or eliminating substantive regulatory requirements;
(b) Establishing performance rather than design standards;
(c) Simplifying, reducing, or eliminating recordkeeping and reporting requirements;
(d) Reducing the frequency of inspections;
(e) Delaying compliance timetables; or
(f) Reducing or modifying fine schedules for noncompliance.
Sec. 13. 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 brief description of the reporting, recordkeeping, and other compliance requirements of the proposed 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)) It shall analyze((, based on existing data,)) the costs of compliance for businesses required to comply with the ((provisions of a)) proposed rule adopted pursuant to RCW 34.05.320, including costs of equipment, supplies, labor, lost sales or revenue, and increased administrative costs((, and)). To determine whether the proposed rule will have a disproportionate impact on small businesses, the impact statement must 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)) businesses that are the largest businesses required to comply with the proposed ((new or amendatory)) rules((. The small business economic impact statement shall use)) using one or more of the following as a basis for comparing costs:
(((1))) (a) Cost per employee;
(((2))) (b) Cost per hour of labor; or
(((3))) (c) Cost per one hundred dollars of sales((;
(4) Any combination of (1), (2), or (3))).
(2) A small business economic impact statement must also include:
(a) A statement of the steps taken by the agency to reduce the costs of the rule on small businesses as required by RCW 19.85.030(3), or reasonable justification for not doing so, addressing, at a minimum, each of the options listed in RCW 19.85.030(3);
(b) A description of how the agency will involve small businesses in the development of the rule; and
(c) A list of industries that will be required to comply with the rule.
(3) To obtain information for purposes of this section, an agency may survey a representative sample of affected businesses or trade associations and should, whenever possible, appoint a committee under RCW 34.05.310(2) to assist in the accurate assessment of the costs of a proposed rule, and the means to reduce the costs imposed on small business.
NEW SECTION. Sec. 14. A new section is added to chapter 19.85 RCW to read as follows:
Unless so requested by a majority vote of the joint administrative rules review committee under RCW 19.85.030, an agency is not required to comply with this chapter when adopting any rule solely for the purpose of conformity or compliance, or both, with federal law. In lieu of the statement required under RCW 19.85.030, the agency shall file a statement citing, with specificity, the federal law with which the rule is being adopted to conform or comply, and describing the consequences to the state if the rule is not adopted.
Sec. 15. RCW 34.05.320 and 1992 c 197 s 8 are each amended to read as follows:
(1) At least twenty days before the rule-making hearing at which the agency receives public comment regarding adoption of a rule, the agency shall cause notice of the hearing to be published in the state register. The publication constitutes the proposal of a rule. The notice shall include all of the following:
(a) A title, a description of the rule's purpose, and any other information which may be of assistance in identifying the rule or its purpose;
(b) Citations of the statutory authority for adopting the rule and the specific statute the rule is intended to implement;
(c) A summary of the rule and a statement of the reasons supporting the proposed action;
(d) The agency personnel, with their office location and telephone number, who are responsible for the drafting, implementation, and enforcement of the rule;
(e) The name of the person or organization, whether private, public, or governmental, proposing the rule;
(f) Agency comments or recommendations, if any, regarding statutory language, implementation, enforcement, and fiscal matters pertaining to the rule;
(g) Whether the rule is necessary as the result of federal law or federal or state court action, and if so, a copy of such law or court decision shall be attached to the purpose statement;
(h) When, where, and how persons may present their views on the proposed rule;
(i) The date on which the agency intends to adopt the rule;
(j) A short explanation of the rule, its purpose, and anticipated effects, including in the case of a proposal that would modify existing rules, a short description of the changes the proposal would make; and
(k) A statement indicating how a person can obtain a copy of the small business economic impact statement((, if applicable, and a statement of steps taken to minimize the economic impact in accordance with RCW 19.85.030)) prepared under chapter 19.85 RCW, or an explanation for why the agency did not prepare the statement.
(2) Upon filing notice of the proposed rule with the code reviser, the adopting agency shall have copies of the notice on file and available for public inspection and shall forward three copies of the notice to the rules review committee.
(3) No later than three days after its publication in the state register, the agency shall cause a copy of the notice of proposed rule adoption to be mailed to each person who has made a request to the agency for a mailed copy of such notices. An agency may charge for the actual cost of providing individual mailed copies of these notices.
(4) In addition to the notice required by subsections (1) and (2) of this section, an institution of higher education shall cause the notice to be published in the campus or standard newspaper of the institution at least seven days before the rule-making hearing.
NEW SECTION. Sec. 16. A new section is added to chapter 43.31 RCW to read as follows:
To assist state agencies in reducing regulatory costs to small business and to promote greater public participation in the rule-making process, the business assistance center shall:
(1) Develop agency guidelines for the preparation of a small business economic impact statement and compliance with chapter 19.85 RCW;
(2) Review and provide comments to agencies on draft or final small business economic impact statements;
(3) Advise the joint administrative rules review committee on whether an agency reasonably assessed the costs of a proposed rule and reduced the costs for small business as required by chapter 19.85 RCW; and
(4) Organize and chair a state rules coordinating committee, consisting of agency rules coordinators and interested members of the public, to develop an education and training program that includes, among other components, a component that addresses voluntary compliance, for agency personnel responsible for rule development and implementation. The business assistance center shall submit recommendations to the department of personnel for an administrative procedures training program that is based on the sharing of interagency resources.
NEW SECTION. Sec. 17. The following acts or parts of acts are each repealed:
(1) RCW 19.85.010 and 1982 c 6 s 1;
(2) RCW 19.85.060 and 1989 c 374 s 5; and
(3) RCW 19.85.080 and 1992 c 197 s 2.
Sec. 18. RCW 34.05.620 and 1988 c 288 s 602 are each amended to read as follows:
Whenever a majority of the members of the rules review committee determines that a proposed rule is not within the intent of the legislature as expressed in the statute which the rule implements, or that an agency may not be adopting a proposed rule in accordance with all applicable provisions of law, including section 5 of this act and chapter 19.85 RCW, the committee shall give the affected agency written notice of its decision. The notice shall be given at least seven days prior to any hearing scheduled for consideration of or adoption of the proposed rule pursuant to RCW 34.05.320. The notice shall include a statement of the review committee's findings and the reasons therefor. When the agency holds a hearing on the proposed rule, the agency shall consider the review committee's decision.
Sec. 19. RCW 34.05.630 and 1993 c 277 s 1 are each amended to read as follows:
(1) All rules required to be filed pursuant to RCW 34.05.380, and emergency rules adopted pursuant to RCW 34.05.350, are subject to selective review by the legislature.
(2) The rules review committee may review an agency's use of policy statements, guidelines, and issuances that are of general applicability, or their equivalents to determine whether or not an agency has failed to adopt a rule or whether they are within the intent of the legislature as expressed by the governing statute.
(3) If the rules review committee finds by a majority vote of its members: (a) That an existing rule is not within the intent of the legislature as expressed by the statute which the rule implements, (b) that the rule has not been adopted in accordance with all applicable provisions of law, including section 5 of this act and chapter 19.85 RCW, (c) that an agency is using a policy statement, guideline, or issuance in place of a rule, or (d) that the policy statement, guideline, or issuance is outside of legislative intent, the agency affected shall be notified of such finding and the reasons therefor. Within thirty days of the receipt of the rules review committee's notice, the agency shall file notice of a hearing on the rules review committee's finding with the code reviser and mail notice to all persons who have made timely request of the agency for advance notice of its rule-making proceedings as provided in RCW 34.05.320. The agency's notice shall include the rules review committee's findings and reasons therefor, and shall be published in the Washington state register in accordance with the provisions of chapter 34.08 RCW.
(4) The agency shall consider fully all written and oral submissions regarding (a) whether the rule in question is within the intent of the legislature as expressed by the statute which the rule implements, (b) whether the rule was adopted in accordance with all applicable provisions of law, including section 5 of this act and chapter 19.85 RCW, (c) whether the agency is using a policy statement, guideline, or issuance in place of a rule, or (d) whether the policy statement, guideline, or issuance is within the legislative intent.
Sec. 20. 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 an existing rule was not adopted in accordance with all applicable provisions of law, including section 5 of this act and chapter 19.85 RCW, or (c) 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 vote of its members, recommend suspension of an existing rule. Within seven days of such vote the committee shall transmit to the appropriate standing committees of the legislature, 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 of 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 under RCW 34.05.330.
(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) An election by the rules review committee to recommend suspension of a rule, whether or not the suspension is approved by the governor, establishes a presumption in any subsequent judicial review of the rule that the rule is invalid. The burden of demonstrating the rule's validity is then on the adopting agency.
(7) 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. 21. RCW 34.05.660 and 1988 c 288 s 606 are each amended to read as follows:
Except as provided in RCW 34.05.640(6), 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. 22. The following acts or parts of acts are each repealed:
(1) RCW 34.05.670 and 1992 c 197 s 3; and
(2) RCW 34.05.680 and 1992 c 197 s 4.
NEW SECTION. Sec. 23. The department of community, trade, and economic development shall develop a 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. 24. A new section is added to chapter 34.05 RCW to read as follows:
(1) This section applies only to the department of revenue, the employment security department, the department of ecology, the department of labor and industries, the department of health, the department of licensing, and the department of fish and wildlife.
(2) An agency listed in subsection (1) of this section may immediately impose a penalty otherwise provided for by law for a violation of a statute or administrative rule by a business entity only if the entity on which the penalty will be imposed has: (a) Previously violated the same statute or rule; or (b) willfully violated the statute or rule. Where a penalty is otherwise provided, but may not be imposed under this subsection, the agency shall issue a statement of deficiency.
(3) A statement of deficiency shall specify: (a) The particular rule violated; (b) the steps the entity must take to comply with the rule; (c) agency personnel designated by the agency to provide technical assistance regarding compliance with the rule; and (d) a date by which the entity is required to comply with the rule. The date specified shall provide a reasonable period of time for the entity to comply with the rule, considering the size of the entity, its available resources, and the threat posed by the violation. If the entity fails to comply with the rule by the date specified, it shall be subject to the penalty otherwise provided in law.
(4) Subsection (2) of this section shall not apply to any violation 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. With regard to a statute or rule requiring the payment of a tax, subsection (1) of this section shall not apply when a business entity has paid less than eighty-five percent of the tax actually owed.
(5) The state, the agency, and officers or employees of the state shall not be liable for damages to any person to the extent that liability is asserted to arise from the technical assistance provided under this section, or if liability is asserted to arise from the failure of the agency to supply technical assistance.
(6) Where a state agency has been delegated authority to enforce federal rules, the agency shall submit a written petition to the appropriate federal agency for authorization to comply with this section for all inspections while retaining the state's federal delegation. In such cases, this section applies only to the extent authorized by the appropriate federal agency.
NEW SECTION. Sec. 25. A new section is added to chapter 4.84 RCW to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 25 through 27 and 28 of this act.
(1) "Agency" means agency as defined by chapter 34.05 RCW.
(2) "Fees and other expenses" includes the reasonable expenses of expert witnesses, the reasonable cost of a study, analysis, engineering report, test, or project that is found by the court to be necessary for the preparation of the party's case, and reasonable attorneys' fees. Reasonable attorneys' fees shall be based on the prevailing market rates for the kind and quality of services furnished, except that (a) no expert witness may be compensated at a rate in excess of the highest rates of compensation for expert witnesses paid by the state of Washington, and (b) attorneys' fees shall not be awarded in excess of one hundred fifty dollars per hour unless the court determines that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys for the proceedings involved, justifies a higher fee.
(3) "Judicial review" means a judicial review as defined by chapter 34.05 RCW.
(4) "Qualified party" means (a) an individual whose net worth did not exceed one million dollars at the time the initial petition for judicial review was filed; (b) a sole owner of an unincorporated business, or a partnership, corporation, association, or organization whose net worth did not exceed five million dollars at the time the initial petition for judicial review was filed, except that an organization described in section 501(c)(3) of the federal internal revenue code of 1954 as exempt from taxation under section 501(a) of the code and a cooperative association as defined in section 15(a) of the agricultural marketing act (12 U.S.C. Sec. 1141J(a)), may be a party regardless of the net worth of such organization or cooperative association; or (c) a sole owner of an unincorporated business, or a partnership, corporation, association, or organization, having not more than one hundred employees at the time the initial petition for judicial review was filed.
(5) "Rule" means a rule as defined by chapter 34.05 RCW.
NEW SECTION. Sec. 26. A new section is added to chapter 4.84 RCW to read as follows:
If upon judicial review a rule is declared invalid and the party that challenged the rule is a qualified party, the party shall be awarded fees and other expenses not to exceed fifty thousand dollars. This section does not apply unless all parties to the action challenging the rule are qualified parties. If two or more qualified parties join in an action challenging a rule, the fees and expenses awarded shall not in total exceed fifty thousand dollars.
NEW SECTION. Sec. 27. A new section is added to chapter 4.84 RCW to read as follows:
Fees and other expenses awarded under section 26 of this act shall be paid by the agency that adopted the invalid rule from operating funds appropriated to the agency within sixty days. Agencies paying fees and other expenses pursuant to section 26 of this act shall report all payments to the office of financial management within five days of paying the fees and other expenses. Fees and other expenses awarded by the court shall be subject to chapter 39.76 RCW and shall be deemed payable on the date the court announces the award.
NEW SECTION. Sec. 28. A new section is added to chapter 43.88 RCW to read as follows:
The office of financial management shall report annually to the legislature on the amount of fees and other expenses awarded during the preceding fiscal year under section 26 of this act. The report shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and other relevant information that may aid the legislature in evaluating the scope and impact of the awards.
NEW SECTION. Sec. 29. Section 11 of this act shall take effect July 1, 1994.
NEW SECTION. Sec. 30. 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 2 of the title, after "reform;" strike the remainder of the title and insert "amending RCW 34.05.310, 34.05.370, 34.05.350, 34.05.330, 34.05.325, 34.05.355, 19.85.020, 34.05.320, 34.05.620, 34.05.630, 34.05.640, and 34.05.660; reenacting and amending RCW 19.85.030 and 19.85.040; adding a new section to chapter 44.04 RCW; adding new sections to chapter 34.05 RCW; adding new sections to chapter 19.85 RCW; adding a new section to chapter 43.31 RCW; adding new sections to chapter 4.84 RCW; adding a new section to chapter 43.88 RCW; creating a new section; repealing RCW 19.85.010, 19.85.060, 19.85.080, 34.05.670, and 34.05.680; prescribing penalties; and providing an effective date."
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Anderson moved that the House not concur in the Senate amendments to Engrossed Second Substitute House Bill No. 2510 and ask the Senate for a conference thereon. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives R. Meyers, Anderson and Reams as Conferees on Engrossed Second Substitute House Bill No. 2510.
SENATE AMENDMENTS TO HOUSE BILL
March 4, 1994
Mr. Speaker:
The Senate has passed ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2605, with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28B.15.725 and 1993 sp.s. c 18 s 26 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, and The Evergreen State College may enter into undergraduate ((upper division)) student exchange agreements with ((comparable public four-year)) institutions of higher education of other states and agree to exempt participating undergraduate ((upper division)) students from payment of all or a portion of the nonresident tuition fees differential subject to the following restrictions:
(1) In any given academic year, the number of students receiving a waiver at a state institution shall not exceed the number of that institution's students receiving nonresident tuition waivers at participating out-of-state institutions. Waiver imbalances that may occur in one year shall be off-set in the year immediately following.
(2) Undergraduate ((upper division)) student participation in an exchange program authorized by this section is limited to one academic year.
Sec. 2. 1989 c 290 s 1 (uncodified) is amended to read as follows:
The legislature recognizes that a unique educational experience can result from an undergraduate ((upper division)) student attending an out-of-state institution. It also recognizes that some Washington residents may be unable to pursue such out-of-state enrollment owing to their limited financial resources and the higher cost of nonresident tuition. The legislature intends to facilitate expanded nonresident undergraduate ((upper division)) enrollment opportunities for residents of the state by authorizing the governing boards of the four-year institutions of higher education to enter into exchange programs with other states' ((comparable public four-year)) institutions with comparable programs wherein the participating institutions agree that visiting undergraduate ((upper division)) students will pay resident tuition rates of the host institutions.
NEW SECTION. Sec. 3. A new section is added to chapter 28B.15 RCW to read as follows:
For the purposes of determining resident tuition rates, resident students shall include American Indian students who meet two conditions. First, for a period of one year immediately before enrollment in a state institution of higher education as defined in RCW 28B.10.016, the student must have been domiciled in one or a combination of the following states: Idaho; Montana; Oregon; or Washington. Second, the students must be members of one of the following American Indian tribes whose traditional and customary tribal boundaries included portions of the state of Washington, or whose tribe was granted reserved lands within the state of Washington:
(1) Colville Confederated Tribes;
(2) Confederated Tribes of the Chehalis Reservation;
(3) Hoh Indian Tribe;
(4) Jamestown S'Klallam Tribe;
(5) Kalispel Tribe of Indians;
(6) Lower Elwha Klallam Tribe;
(7) Lummi Nation;
(8) Makah Indian Tribe;
(9) Muckleshoot Indian Tribe;
(10) Nisqually Indian Tribe;
(11) Nooksack Indian Tribe;
(12) Port Gamble S'Klallam Community;
(13) Puyallup Tribe of Indians;
(14) Quileute Tribe;
(15) Quinault Indian Nation;
(16) Confederated Tribes of Salish Kootenai;
(17) Sauk Suiattle Indian Nation;
(18) Shoalwater Bay Indian Tribe;
(19) Skokomish Indian Tribe;
(20) Snoqualmie Tribe;
(21) Spokane Tribe of Indians;
(22) Squaxin Island Tribe;
(23) Stillaguamish Tribe;
(24) Suquamish Tribe of the Port Madison Reservation;
(25) Swinomish Indian Community;
(26) Tulalip Tribes;
(27) Upper Skagit Indian Tribe;
(28) Yakama Indian Nation;
(29) Coeur d'Alene Tribe;
(30) Confederated Tribes of the Umatilla Indian Reservation;
(31) Confederated Tribes of Warm Springs;
(32) Kootenai Tribe; and
(33) Nez Perce Tribe.
Any student enrolled at a state institution of higher education as defined in RCW 28B.10.016 who is paying resident tuition under this section, and who has not established domicile in the state of Washington at least one year before enrollment, shall not be included in any calculation of state-funded enrollment for budgeting purposes, and no state general fund moneys shall be appropriated to a state institution of higher education for the support of such student.
Sec. 4. RCW 28B.15.012 and 1993 sp.s. c 18 s 4 are each amended to read as follows:
Whenever used in chapter 28B.15 RCW:
(1) The term "institution" shall mean a public university, college, or community college within the state of Washington.
(2) The term "resident student" shall mean: (a) A financially independent student who has had a domicile in the state of Washington for the period of one year immediately prior to the time of commencement of the first day of the semester or quarter for which the student has registered at any institution and has in fact established a bona fide domicile in this state primarily for purposes other than educational; (b) a dependent student, if one or both of the student's parents or legal guardians have maintained a bona fide domicile in the state of Washington for at least one year immediately prior to commencement of the semester or quarter for which the student has registered at any institution; (c) a student classified as a resident based upon domicile by an institution on or before May 31, 1982, who was enrolled at a state institution during any term of the 1982-1983 academic year, so long as such student's enrollment (excepting summer sessions) at an institution in this state is continuous; (d) any student who has spent at least seventy-five percent of both his or her junior and senior years in high schools in this state, whose parents or legal guardians have been domiciled in the state for a period of at least one year within the five-year period before the student graduates from high school, and who enrolls in a public institution of higher education within six months of leaving high school, for as long as the student remains continuously enrolled for three quarters or two semesters in any calendar year; ((or)) (e) a student who is the spouse or a dependent of a person who is on active military duty stationed in the state; or (f) a student who meets the requirements of section 3 of this act: PROVIDED, That a nonresident student enrolled for more than six hours per semester or quarter shall be considered as attending for primarily educational purposes, and for tuition and fee paying purposes only such period of enrollment shall not be counted toward the establishment of a bona fide domicile of one year in this state unless such student proves that the student has in fact established a bona fide domicile in this state primarily for purposes other than educational.
(3) The term "nonresident student" shall mean any student who does not qualify as a "resident student" under the provisions of RCW 28B.15.012 and 28B.15.013. A nonresident student shall include:
(a) A student attending an institution with the aid of financial assistance provided by another state or governmental unit or agency thereof, such nonresidency continuing for one year after the completion of such semester or quarter.
(b) A person who is not a citizen of the United States of America who does not have permanent or temporary resident status or does not hold "Refugee-Parolee" or "Conditional Entrant" status with the United States immigration and naturalization service or is not otherwise permanently residing in the United States under color of law and who does not also meet and comply with all the applicable requirements in RCW 28B.15.012 and 28B.15.013.
(4) The term "domicile" shall denote a person's true, fixed and permanent home and place of habitation. It is the place where the student intends to remain, and to which the student expects to return when the student leaves without intending to establish a new domicile elsewhere. The burden of proof that a student, parent or guardian has established a domicile in the state of Washington primarily for purposes other than educational lies with the student.
(5) The term "dependent" shall mean a person who is not financially independent. Factors to be considered in determining whether a person is financially independent shall be set forth in rules and regulations adopted by the higher education coordinating board and shall include, but not be limited to, the state and federal income tax returns of the person and/or the student's parents or legal guardian filed for the calendar year prior to the year in which application is made and such other evidence as the board may require.
Sec. 5. RCW 28B.50.839 and 1993 c 87 s 2 are each amended to read as follows:
(1) In consultation with eligible community and technical colleges, the college board shall set priorities and guidelines for the program.
(2) Under this section, a college shall not receive more than four faculty grants in twenty-five thousand dollar increments, with a maximum total of one hundred thousand dollars per campus in any biennium.
(3) All community and technical colleges and foundations shall be eligible for matching trust funds. Institutions and foundations may apply to the college board for grants from the fund in twenty-five thousand dollar increments up to a maximum of one hundred thousand dollars when they can match the state funds with equal cash donations from private sources, except that in the initial year of the program, no college or foundation may receive more than one grant until every college or its foundation has received one grant. These donations shall be made specifically to the exceptional faculty awards program and deposited by the institution or foundation in a local endowment fund or a foundation's fund. Otherwise unrestricted gifts may be deposited in the endowment fund by the institution or foundation.
(4) Once sufficient private donations are received by the institution or foundation, the institution shall inform the college board and request state matching funds. The college board shall evaluate the request for state matching funds based on program priorities and guidelines. The college board may ask the state treasurer to release the state matching funds to a local endowment fund established by the institution or a foundation's fund established by a foundation for each faculty award created.
(5) A college, by action of its board of trustees, may transfer those exceptional faculty award funds accumulated in its local endowment fund between July 1, 1991, and July 25, 1993, to its foundation's local endowment fund established as provided in subsection (3) of this section.
Sec. 6. RCW 28A.600.110 and 1988 c 210 s 4 are each amended to read as follows:
There is established by the legislature of the state of Washington the Washington state scholars program. The purposes of this program annually are to:
(1) Provide for the selection of three seniors residing in each legislative district in the state graduating from high schools ((in each legislative district)) who have distinguished themselves academically among their peers.
(2) Maximize public awareness of the academic achievement, leadership ability, and community contribution of Washington state public and private high school seniors through appropriate recognition ceremonies and events at both the local and state level.
(3) Provide a listing of the Washington scholars to all Washington state public and private colleges and universities to facilitate communication regarding academic programs and scholarship availability.
(4) Make available a state level mechanism for utilization of private funds for scholarship awards to outstanding high school seniors.
(5) Provide, on written request and with student permission, a listing of the Washington scholars to private scholarship selection committees for notification of scholarship availability.
(6) Permit a waiver of tuition and services and activities fees as provided for in RCW 28B.15.543 and grants under RCW 28B.80.245."
On page 1, line 1 of the title, after "education;" strike the remainder of the title and insert "amending RCW 28B.15.725, 28B.15.012, 28B.50.839, and 28A.600.110; amending 1989 c 290 s 1 (uncodified); and adding a new section to chapter 28B.15 RCW."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Jacobsen moved that the House not concur in the Senate amendments to Engrossed Second Substitute House Bill No. 2605 and ask the Senate for a conference thereon. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives Jacobsen, Quall and Brumsickle as Conferees on Engrossed Second Substitute House Bill No. 2605.
SENATE AMENDMENTS TO HOUSE BILL
March 4, 1994
Mr. Speaker:
The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2741, with the following amendments:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that:
(1) In times of decreasing revenues and increasing demands, it is critically important to ensure the efficient use of scarce financial resources by avoiding overlap and duplication of effort among watershed-based planning efforts;
(2) Comprehensive planning for the management of natural resources on a watershed basis is desirable because it has the potential to address multiple concerns in an integrated and efficient manner;
(3) Implementation of watershed-based planning may be complicated by multiple land ownerships, different management missions and objectives, different ways of collecting information, and legal constraints such as federal and state antitrust statutes;
(4) Many different entities, including federal, state, and local governments, tribes, and landowners are already conducting watershed-based planning, research, and monitoring programs;
(5) There exists a compelling need for a consistent process for collecting and sharing information and data among all interested parties;
(6) There also exists a compelling need to ensure that the goals and objectives of watershed planning efforts are coordinated and consistent with each other; and
(7) Coordination of state, federal, and local resources is needed to maximize the value of the state's forty million dollar biennial investment in anadromous fish protection to improve stocks in critical and depressed condition.
NEW SECTION. Sec. 2. (1) State agencies involved in watershed-based natural resource planning efforts shall coordinate their planning and implementation processes. These cooperating state agencies shall include, but not be limited to, the departments of natural resources, agriculture, ecology, fish and wildlife, health, and community, trade, and economic development; the Puget Sound water quality authority; and the office of the governor. These agencies will meet as a group and include at those meetings representatives of federal agencies, local governments, tribes, private landowners, environmental groups, the public water supply entities utilizing water from the watershed, resource user groups, and other interested parties.
(2) The commissioner of public lands shall coordinate discussions of watershed-based natural resource planning among these various parties. The department of natural resources will provide a reasonable level of staff support for the work of the group.
(3) On or before December 15, 1994, the department of natural resources shall prepare a report for the legislature based on the group's discussions and findings. At a minimum this report shall include:
(a) Identification of barriers to coordination and cooperation in watershed-based planning and management of natural resources;
(b) Recommendations on the collection, storage, and maintenance of information in watershed analysis, planning, monitoring, and research programs. These recommendations could lead to the establishment of protocols governing data collection and information exchange;
(c) Identification of actual and potential overlap and duplication of effort in watershed-based natural resource planning efforts;
(d) Identification of gaps of coverage in existing and proposed watershed planning projects;
(e) Examination of the possible establishment of a central depository and of a process for periodically updating and distributing information on watershed-based natural resource planning efforts;
(f) Identification of strategies for developing cooperative watershed-based planning efforts which provide an opportunity for participants to:
(i) Establish coordinated and consistent goals and objectives which emphasize the natural and economic values of the watershed; and
(ii) Identify approaches for coordinating and financing the implementation of watershed-based plans; and
(g) A process providing for ongoing review, revision, and update of watershed-based plans and management activities.
(4) The commissioner of public lands shall cochair with the director of the department of fish and wildlife, a committee named the watershed council. The council shall consist of, but not be limited to, the director of the department of ecology, the secretary of transportation, the chair of the conservation commission, a representative of forest landowners, and a representative of agricultural landowners for the purpose of coordinating the state's efforts in addressing threatened anadromous fish resources and to preclude endangered species listings. The council shall coordinate the allocation of state resources in conjunction with federal, tribal, private, and local resources for watershed restoration and protection in order to maximize the state's effort to improve fish stocks in critical and depressed condition. The coordination is intended to maximize the expenditure of public funds, not to change statutory mandates for specific programs.
The council shall report to the appropriate policy and fiscal committees of the legislature on or before December 15, 1994. The report shall include a plan for coordinating and targeting existing and new state, federal, and local resources toward this goal of precluding endangered species listings. It will be the goal that at least fifty percent of the fiscal year 1995 watershed-related expenditures be targeted for this purpose. This plan shall include: (a) A prioritized listing of watersheds based on department of natural resources watershed analysis and department of fish and wildlife stock assessments; (b) a definition of the geographical unit for watershed management that all state agencies shall use; (c) recommendations for the establishment of common protocols governing data collection and a central depository of information to be used by all state agencies involved in watershed management efforts; (d) an identification of gaps of coverage in existing and proposed watershed planning efforts; (e) an identification of state agency responsibilities by watershed; (f) an identification of barriers to state agency cooperation in watershed management efforts and recommendations to overcome such barriers; (g) an identification of barriers and incentives to encourage local government and private landowner cooperation in watershed management activities; and (h) recommendations for integration of watershed habitat protection with land use planning and regulation by local governments under the growth management act.
NEW SECTION. Sec. 3. The military department shall consult with the watershed recovery council to identify and implement training and readiness exercises that will assist in the state's watershed restoration efforts. Particular emphasis shall be placed on projects that assist in fish passage barrier removal, erosion control, and road closure, obliteration, revegetation, and drainage improvements. If the watershed recovery council is not established by July 1, 1994, then the department shall consult with the commissioner of public lands and the director of fish and wildlife to identify and implement watershed restoration projects. Nothing in this section shall interfere with the duties and functions of the military department as prescribed under Title 38 RCW."
On page 1, line 2 of the title, after "planning;" strike the remainder of the title and insert "and creating new sections."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Pruitt moved that the House not concur in the Senate amendments to Engrossed Substitute House Bill No. 2741 and ask the Senate for a conference thereon. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives Pruitt, Linville and Stevens as Conferees on Engrossed Substitute House Bill No. 2741.
SENATE AMENDMENTS TO HOUSE BILL
March 3, 1994
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 2760 with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 82.44.150 and 1993 c 491 s 2 are each amended to read as follows:
(1) The director of licensing shall, on the twenty-fifth day of February, May, August, and November of each year, advise the state treasurer of the total amount of motor vehicle excise taxes imposed by RCW 82.44.020 (1) and (2) remitted to the department during the preceding calendar quarter ending on the last day of March, June, September, and December, respectively, except for those payable under RCW 82.44.030, from motor vehicle owners residing within each municipality which has levied a tax under RCW 35.58.273, which amount of excise taxes shall be determined by the director as follows:
The total amount of motor vehicle excise taxes remitted to the department, except those payable under RCW 82.44.020(3) and 82.44.030, from each county shall be multiplied by a fraction, the numerator of which is the population of the municipality residing in such county, and the denominator of which is the total population of the county in which such municipality or portion thereof is located. The product of this computation shall be the amount of excise taxes from motor vehicle owners residing within such municipality or portion thereof. Where the municipality levying a tax under RCW 35.58.273 is located in more than one county, the above computation shall be made by county, and the combined products shall provide the total amount of motor vehicle excise taxes from motor vehicle owners residing in the municipality as a whole. Population figures required for these computations shall be supplied to the director by the office of financial management, who shall adjust the fraction annually.
(2) On the first day of the months of January, April, July, and October of each year, the state treasurer based upon information provided by the department shall, from motor vehicle excise taxes deposited in the general fund, under RCW 82.44.110(1)(g), make the following deposits:
(a) To the high capacity transportation account created in RCW 47.78.010, a sum equal to four and five-tenths percent of the special excise tax levied under RCW 35.58.273 by those municipalities authorized to levy a special excise tax within (i) each county with a population of two hundred ten thousand or more and (ii) each county with a population of from one hundred twenty-five thousand to less than two hundred ten thousand except for those counties that do not border a county with a population as described in subsection (i) of this subsection;
(b) To the central Puget Sound public transportation account created in RCW 82.44.180, for revenues distributed after December 31, 1992, within a county with a population of one million or more and a county with a population of from two hundred thousand to less than one million bordering a county with a population of one million or more, a sum equal to the difference between (i) the special excise tax levied and collected under RCW 35.58.273 by those municipalities authorized to levy and collect a special excise tax subject to the requirements of subsections (3) and (4) of this section and (ii) the special excise tax that the municipality would otherwise have been eligible to levy and collect at a tax rate of .815 percent and been able to match with locally generated tax revenues, other than the excise tax imposed under RCW 35.58.273, budgeted for any public transportation purpose. Before this deposit, the sum shall be reduced by an amount equal to the amount distributed under (a) of this subsection for each of the municipalities within the counties to which this subsection (2)(b) applies; however, any transfer under this subsection (2)(b) must be greater than zero;
(c) To the public transportation systems account created in RCW 82.44.180, for revenues distributed after December 31, 1992, within counties not described in (b) of this subsection, a sum equal to the difference between (i) the special excise tax levied and collected under RCW 35.58.273 by those municipalities authorized to levy and collect a special excise tax subject to the requirements of subsections (3) and (4) of this section and (ii) the special excise tax that the municipality would otherwise have been eligible to levy and collect at a tax rate of .815 percent and been able to match with locally generated tax revenues, other than the excise tax imposed under RCW 35.58.273, budgeted for any public transportation purpose. Before this deposit, the sum shall be reduced by an amount equal to the amount distributed under (a) of this subsection for each of the municipalities within the counties to which this subsection (2)(c) applies; however, any transfer under this subsection (2)(c) must be greater than zero; and
(d) To the general fund, for revenues distributed after June 30, 1993, and to the transportation fund, for revenues distributed after June 30, 1995, a sum equal to the difference between (i) the special excise tax levied and collected under RCW 35.58.273 by those municipalities authorized to levy and collect a special excise tax subject to the requirements of subsections (3) and (4) of this section and (ii) the special excise tax that the municipality would otherwise have been eligible to levy and collect at a tax rate of .815 percent notwithstanding the requirements set forth in subsections (3) through (6) of this section, reduced by an amount equal to distributions made under (a), (b), and (c) of this subsection and section 2 of this act.
(3) On the first day of the months of January, April, July, and October of each year, the state treasurer, based upon information provided by the department, shall remit motor vehicle excise tax revenues imposed and collected under RCW 35.58.273 as follows:
(a) The amount required to be remitted by the state treasurer to the treasurer of any municipality levying the tax shall not exceed in any calendar year the amount of locally-generated tax revenues, excluding (i) the excise tax imposed under RCW 35.58.273 for the purposes of this section, which shall have been budgeted by the municipality to be collected in such calendar year for any public transportation purposes including but not limited to operating costs, capital costs, and debt service on general obligation or revenue bonds issued for these purposes; and (ii) the sales and use tax equalization distributions provided under section 2 of this act; and
(b) In no event may the amount remitted in a single calendar quarter exceed the amount collected on behalf of the municipality under RCW 35.58.273 during the calendar quarter next preceding the immediately preceding quarter, excluding the sales and use tax equalization distributions provided under section 2 of this act.
(4) At the close of each calendar year accounting period, but not later than April 1, each municipality that has received motor vehicle excise taxes under subsection (3) of this section shall transmit to the director of licensing and the state auditor a written report showing by source the previous year's budgeted tax revenues for public transportation purposes as compared to actual collections. Any municipality that has not submitted the report by April 1 shall cease to be eligible to receive motor vehicle excise taxes under subsection (3) of this section until the report is received by the director of licensing. If a municipality has received more or less money under subsection (3) of this section for the period covered by the report than it is entitled to receive by reason of its locally-generated collected tax revenues, the director of licensing shall, during the next ensuing quarter that the municipality is eligible to receive motor vehicle excise tax funds, increase or decrease the amount to be remitted in an amount equal to the difference between the locally-generated budgeted tax revenues and the locally-generated collected tax revenues. In no event may the amount remitted for a calendar year exceed the amount collected on behalf of the municipality under RCW 35.58.273 during that same calendar year excluding the sales and use tax equalization distributions provided under section 2 of this act. At the time of the next fiscal audit of each municipality, the state auditor shall verify the accuracy of the report submitted and notify the director of licensing of any discrepancies.
(5) The motor vehicle excise taxes imposed under RCW 35.58.273 and required to be remitted under this section and section 2 of this act shall be remitted without legislative appropriation.
(6) Any municipality levying and collecting a tax under RCW 35.58.273 which does not have an operating, public transit system or a contract for public transportation services in effect within one year from the initial effective date of the tax shall return to the state treasurer all motor vehicle excise taxes received under subsection (3) of this section.
NEW SECTION. Sec. 2. A new section is added to chapter 82.14 RCW to read as follows:
Beginning with distributions made to municipalities under RCW 82.44.150 on January 1, 1996, municipalities as defined in RCW 35.58.272 imposing local transit taxes, which for purposes of this section include the sales and use tax under RCW 82.14.045, the business and occupation tax under RCW 35.95.040, and excise taxes under RCW 35.95.040, shall be eligible for sales and use tax equalization payments from motor vehicle excise taxes distributed under RCW 82.44.150 as follows:
(1) Prior to January 1st of each year the department of revenue shall determine the total and the per capita levels of revenues for each municipality imposing local transit taxes and the state-wide weighted average per capita level of sales and use tax revenues imposed under chapters 82.08 and 82.12 RCW, for the previous calendar year calculated for a tax rate of one-tenth percent. The actual tax rate for local transit taxes collected under RCW 82.14.045 shall be the sales and use tax rate. The actual tax rate for local transit taxes collected under RCW 35.95.040 shall be the sales and use tax rate that would generate an amount of revenue equivalent to the amount collected under RCW 35.95.040.
(2) For each tenth of one percent of local transit taxes the state treasurer shall apportion to each municipality receiving less than eighty percent of the state-wide weighted average per capita level of sales and use tax revenues imposed under chapters 82.08 and 82.12 RCW as determined by the department of revenue under subsection (1) of this section, an amount when added to the per capita level of revenues received the previous calendar year by the municipality, to equal eighty percent of the state-wide weighted average per capita level of revenues determined under subsection (1) of this section. In no event may the sales and use tax equalization distribution to a municipality in a single calendar year exceed (i) fifty percent of the amount of local transit taxes collected during the prior calendar year, or (ii) the maximum amount of sales and use tax that could have been collected at a sales and use tax rate of three-tenths percent in the prior calendar year.
(3) For a municipality established after January 1, 1995, sales and use tax equalization distributions shall be made according to the procedures in this subsection. Sales and use tax equalization distributions to eligible new municipalities shall be made at the same time as distributions are made under subsection (2) of this section. The department of revenue shall follow the estimating procedures outlined in this subsection until the new municipality has received a full year's worth of revenues as of the January sales and use tax equalization distribution.
(a) Whether a newly established municipality determined to receive funds under this subsection receives its first equalization payment at the January, April, July, or October sales and use tax equalization distribution shall depend on the date the system first imposes local transit taxes.
(i) A newly established municipality imposing local transit taxes taking effect during the first calendar quarter shall be eligible to receive funds under this subsection beginning with the July sales and use tax equalization distribution of that year.
(ii) A newly established municipality imposing local transit taxes taking effect during the second calendar quarter shall be eligible to receive funds under this subsection beginning with the October sales and use tax equalization distribution of that year.
(iii) A newly established municipality imposing local transit taxes taking effect during the third calendar quarter shall be eligible to receive funds under this subsection beginning with the January sales and use tax equalization distribution of the next year.
(iv) A newly established municipality imposing local transit taxes taking effect during the fourth calendar quarter shall be eligible to receive funds under this subsection beginning with the April sales and use tax equalization distribution of the next year.
(b) For purposes of calculating the amount of funds the new municipality should receive under this subsection, the department of revenue shall:
(i) Estimate the per capita amount of revenues from local transit taxes that the new municipality would have received had the municipality received revenues from the tax the entire calendar year;
(ii) Calculate the amount provided under subsection (2) of this section based on the per capita revenues determined under (b)(i) of this subsection;
(iii) Prorate the amount determined under (b)(ii) of this subsection by the number of months the local transit taxes are imposed.
(c) The department of revenue shall advise the state treasurer of the amounts calculated under (b) of this subsection and the state treasurer shall distribute these amounts to the new municipality from the motor vehicle excise tax distributed under RCW 82.44.150(2)(d).
(d) Revenues estimated under this subsection shall not affect the calculation of the state-wide weighted average per capita level of revenues for all municipalities made under subsection (1) of this section.
(4) For an existing municipality imposing local transit taxes to take effect after January 1, 1995, sales and use tax equalization payments shall be made according to the procedures for newly established municipalities in subsection (3) of this section.
(5) A municipality that reduces the rate of local transit taxes after January 1, 1994, may not receive distributions under this section."
On page 1, line 2 of the title, after "systems;" strike the remainder of the title and insert "amending RCW 82.44.150; and adding a new section to chapter 82.14 RCW."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative R. Fisher moved that the House not concur in the Senate amendments to Substitute House Bill No. 2760 and ask the Senate for a conference thereon. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives R. Fisher, Brown and Schmidt as Conferees on Substitute House Bill No. 2760.
MESSAGE FROM THE SENATE
March 5, 1994
Mr. Speaker:
The Senate refuses to concur in the House amendments to ENGROSSED SUBSTITUTE SENATE BILL NO. 6547 and ask the House to recede therefrom.
and the same is herewith transmitted.
Marty Brown, Secretary
Representative Leonard moved that the House insist on its position regarding the House amendments to Engrossed Substitute Senate Bill No. 6547 and ask the Senate for a conference thereon. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives Leonard, Thibaudeau and Cooke as Conferees on Engrossed Substitute Senate Bill No. 6547.
With the consent of the House, the House resumed consideration of Engrossed Substitute Senate Bill No. 6505.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives Jacobsen, Quall and Carlson as Conferees on Engrossed Substitute Senate Bill No. 6505.
MESSAGE FROM THE SENATE
March 5, 1994
Mr. Speaker:
The Senate refuses to concur in the House amendments to ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6255 and asks the House to recede therefrom.
and the same is herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Valle moved that the House insist on its position regarding the House amendments to Engrossed Second Substitute Senate Bill No. 6255 and ask the Senate for a conference thereon. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives Leonard, Karahalios and Cooke as Conferees on Engrossed Second Substitute Senate Bill No. 6255.
SENATE AMENDMENTS TO HOUSE BILL
March 3, 1994
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 2270, with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 11.02.005 and 1993 c 73 s 1 are each amended to read as follows:
When used in this title, unless otherwise required from the context:
(1) "Personal representative" includes executor, administrator, special administrator, and guardian or limited guardian and special representative.
(2) "Net estate" refers to the real and personal property of a decedent exclusive of homestead rights, exempt property, the family allowance and enforceable claims against, and debts of, the deceased or the estate.
(3) "Representation" refers to a method of determining distribution in which the takers are in unequal degrees of kinship with respect to the intestate, and is accomplished as follows: After first determining who, of those entitled to share in the estate, are in the nearest degree of kinship, the estate is divided into equal shares, the number of shares being the sum of the number of persons who survive the intestate who are in the nearest degree of kinship and the number of persons in the same degree of kinship who died before the intestate but who left issue surviving the intestate; each share of a deceased person in the nearest degree shall be divided among those of the ((intestate's)) deceased person's issue who survive the intestate and have no ancestor then living who is in the line of relationship between them and the intestate, those more remote in degree taking together the share which their ancestor would have taken had he or she survived the intestate. Posthumous children are considered as living at the death of their parent.
(4) "Issue" includes all the lawful lineal descendants of the ancestor and all lawfully adopted children.
(5) "Degree of kinship" means the degree of kinship as computed according to the rules of the civil law; that is, by counting upward from the intestate to the nearest common ancestor and then downward to the relative, the degree of kinship being the sum of these two counts.
(6) "Heirs" denotes those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the real and personal property of a decedent on the decedent's death intestate.
(7) "Real estate" includes, except as otherwise specifically provided herein, all lands, tenements, and hereditaments, and all rights thereto, and all interest therein possessed and claimed in fee simple, or for the life of a third person.
(8) "Will" means an instrument validly executed as required by RCW 11.12.020 ((and includes all codicils)).
(9) "Codicil" means ((an instrument that is validly executed in the manner provided by this title for a will and that refers to an existing will for the purpose of altering or changing the same, and which need not be attached thereto)) a will that modifies or partially revokes an existing earlier will. A codicil need not refer to or be attached to the earlier will.
(10) "Guardian" or "limited guardian" means a personal representative of the person or estate of an incompetent or disabled person as defined in RCW 11.88.010 and the term may be used in lieu of "personal representative" wherever required by context.
(11) "Administrator" means a personal representative of the estate of a decedent and the term may be used in lieu of "personal representative" wherever required by context.
(12) "Executor" means a personal representative of the estate of a decedent appointed by will and the term may be used in lieu of "personal representative" wherever required by context.
(13) "Special administrator" means a personal representative of the estate of a decedent appointed for limited purposes and the term may be used in lieu of "personal representative" wherever required by context.
(14) "Trustee" means an original, added, or successor trustee and includes the state, or any agency thereof, when it is acting as the trustee of a trust to which chapter 11.98 RCW applies.
(15) "Nonprobate asset" means those rights and interests of a person having beneficial ownership of an asset that pass on the person's death under a written instrument or arrangement other than the person's will. "Nonprobate asset" includes, but is not limited to, a right or interest passing under a joint tenancy with right of survivorship, joint bank account with right of survivorship, payable on death or trust bank account or security, deed or conveyance if possession has been postponed until the death of the person, trust of which the person is grantor and that becomes effective or irrevocable only upon the person's death, community property agreement, individual retirement account or bond, or note or other contract the payment or performance of which is affected by the death of the person. "Nonprobate asset" does not include: A payable-on-death provision of a life insurance policy, annuity, or other similar contract, or of an employee benefit plan; a right or interest passing by descent and distribution under chapter 11.04 RCW; a right or interest if, before death, the person has irrevocably transferred the right or interest, the person has waived the power to transfer it or, in the case of contractual arrangement, the person has waived the unilateral right to rescind or modify the arrangement; or a right or interest held by the person solely in a fiduciary capacity.
(16) "Internal Revenue Code" means the United States Internal Revenue Code of 1986, as amended or renumbered on July 25, 1993.
(((16))) Words that import the singular number may also be applied to the plural of persons and things.
(((17))) Words importing the masculine gender only may be extended to females also.
Sec. 2. RCW 11.07.010 and 1993 c 236 s 1 are each amended to read as follows:
(1) This section applies to all nonprobate assets, wherever situated, held at the time of entry by a superior court of this state of a decree of dissolution of marriage or a declaration of invalidity.
(2)(a) If a marriage is dissolved or invalidated, a provision made prior to that event that relates to the payment or transfer at death of the decedent's interest in a nonprobate asset in favor of or granting an interest or power to the decedent's former spouse is revoked. A provision affected by this section must be interpreted, and the nonprobate asset affected passes, as if the former spouse failed to survive the decedent, having died at the time of entry of the decree of dissolution or declaration of invalidity.
(b) This subsection does not apply if and to the extent that:
(i) The instrument governing disposition of the nonprobate asset expressly provides otherwise;
(ii) The decree of dissolution or declaration of invalidity requires that the decedent maintain a nonprobate asset for the benefit of a former spouse or children of the marriage, payable on the decedent's death either outright or in trust, and other nonprobate assets of the decedent fulfilling such a requirement for the benefit of the former spouse or children of the marriage do not exist at the decedent's death; or
(iii) If not for this subsection, the decedent could not have effected the revocation by unilateral action because of the terms of the decree or declaration, or for any other reason, immediately after the entry of the decree of dissolution or declaration of invalidity.
(3)(a) A payor or other third party in possession or control of a nonprobate asset at the time of the decedent's death is not liable for making a payment or transferring an interest in a nonprobate asset to a decedent's former spouse whose interest in the nonprobate asset is revoked under this section, or for taking another action in reliance on the validity of the instrument governing disposition of the nonprobate asset, before the payor or other third party has actual knowledge of the dissolution or other invalidation of marriage. A payor or other third party is liable for a payment or transfer made or other action taken after the payor or other third party has actual knowledge of a revocation under this section.
(b) This section does not require a payor or other third party to pay or transfer a nonprobate asset to a beneficiary designated in a governing instrument affected by the dissolution or other invalidation of marriage, or to another person claiming an interest in the nonprobate asset, if the payor or third party has actual knowledge of the existence of a dispute between the former spouse and the beneficiaries or other persons concerning rights of ownership of the nonprobate asset as a result of the application of this section among the former spouse and the beneficiaries or among other persons, or if the payor or third party is otherwise uncertain as to who is entitled to the nonprobate asset under this section. In such a case, the payor or third party may, without liability, notify in writing all beneficiaries or other persons claiming an interest in the nonprobate asset of either the existence of the dispute or its uncertainty as to who is entitled to payment or transfer of the nonprobate asset. The payor or third party may also, without liability, refuse to pay or transfer a nonprobate asset in such a circumstance to a beneficiary or other person claiming an interest until the time that either:
(i) All beneficiaries and other interested persons claiming an interest have consented in writing to the payment or transfer; or
(ii) The payment or transfer is authorized or directed by a court of proper jurisdiction.
(c) Notwithstanding subsections (1) and (2) of this section and (a) and (b) of this subsection, a payor or other third party having actual knowledge of the existence of a dispute between beneficiaries or other persons concerning rights to a nonprobate asset as a result of the application of this section may condition the payment or transfer of the nonprobate asset on execution, in a form and with security acceptable to the payor or other third party, of a bond in an amount that is double the fair market value of the nonprobate asset at the time of the decedent's death or the amount of an adverse claim, whichever is the lesser, or of a similar instrument to provide security to the payor or other third party, indemnifying the payor or other third party for any liability, loss, damage, costs, and expenses for and on account of payment or transfer of the nonprobate asset.
(d) As used in this subsection, "actual knowledge" means, for a payor or other third party in possession or control of the nonprobate asset at or following the decedent's death, written notice to the payor or other third party, or to an officer of a payor or third party in the course of his or her employment, received after the decedent's death and within a time that is sufficient to afford the payor or third party a reasonable opportunity to act upon the knowledge. The notice must identify the nonprobate asset with reasonable specificity. The notice also must be sufficient to inform the payor or other third party of the revocation of the provisions in favor of the decedent's spouse by reason of the dissolution or invalidation of marriage, or to inform the payor or third party of a dispute concerning rights to a nonprobate asset as a result of the application of this section. Receipt of the notice for a period of more than thirty days is presumed to be received within a time that is sufficient to afford the payor or third party a reasonable opportunity to act upon the knowledge, but receipt of the notice for a period of less than five business days is presumed not to be a sufficient time for these purposes. These presumptions may be rebutted only by clear and convincing evidence to the contrary.
(4)(a) A person who purchases a nonprobate asset from a former spouse or other person, for value and without actual knowledge, or who receives from a former spouse or other person payment or transfer of a nonprobate asset without actual knowledge and in partial or full satisfaction of a legally enforceable obligation, is neither obligated under this section to return the payment, property, or benefit nor is liable under this section for the amount of the payment or the value of the nonprobate asset. However, a former spouse or other person who, with actual knowledge, not for value, or not in satisfaction of a legally enforceable obligation, receives payment or transfer of a nonprobate asset to which that person is not entitled under this section is obligated to return the payment or nonprobate asset, or is personally liable for the amount of the payment or value of the nonprobate asset, to the person who is entitled to it under this section.
(b) As used in this subsection, "actual knowledge" means, for a person described in (a) of this subsection who purchases or receives a nonprobate asset from a former spouse or other person, personal knowledge or possession of documents relating to the revocation upon dissolution or invalidation of marriage of provisions relating to the payment or transfer at the decedent's death of the nonprobate asset, received within a time after the decedent's death and before the purchase or receipt that is sufficient to afford the person purchasing or receiving the nonprobate asset reasonable opportunity to act upon the knowledge. Receipt of the personal knowledge or possession of the documents for a period of more than thirty days is presumed to be received within a time that is sufficient to afford the payor or third party a reasonable opportunity to act upon the knowledge, but receipt of the notice for a period of less than five business days is presumed not to be a sufficient time for these purposes. These presumptions may be rebutted only by clear and convincing evidence to the contrary.
(5) As used in this section, "nonprobate asset" means those rights and interests of a person having beneficial ownership of an asset that pass on the person's death under only the following written instruments or arrangements other than the decedent's will:
(a) A payable-on-death provision of a life insurance policy, employee benefit plan, annuity or similar contract, or individual retirement account;
(b) A payable-on-death, trust, or joint with right of survivorship bank account;
(c) A trust of which the person is a grantor and that becomes effective or irrevocable only upon the person's death; or
(d) Transfer on death beneficiary designations of a transfer on death or pay on death security, if such designations are authorized under Washington law.
(6) This section is remedial in nature and applies as of July 25, 1993, to decrees of dissolution and declarations of invalidity entered after July 24, 1993, and this section applies as of the effective date of this act to decrees of dissolution and declarations of invalidity entered before July 25, 1993.
Sec. 3. RCW 11.08.170 and 1990 c 225 s 1 are each amended to read as follows:
Escheat property may be probated under the provisions of the probate laws of this state. Whenever such probate proceedings are instituted, whether by special administration or otherwise, the petitioner shall promptly notify the department of revenue in writing thereof on forms furnished by the department of revenue to the county clerks. Thereafter, the department of revenue shall be served with written notice at least twenty days prior to any hearing on proceedings involving the valuation or sale of property, on any petition for the allowance of fees, and on all interim reports, final accounts or petitions for the determination of heirship. Like notice shall be given of the presentation of any claims to the court for allowance. Failure to furnish such notice shall be deemed jurisdictional and any order of the court entered without such notice shall be void. The department of revenue may waive the provisions of this section in its discretion. The department shall be deemed to have waived its right to administer in such probate proceedings under RCW 11.28.120(((3))) (5) unless application for appointment of the director or the director's designee is made within forty days immediately following receipt of notice of institution of proceedings.
NEW SECTION. Sec. 4. This chapter applies in all instances in which no other abatement scheme is expressly provided.
NEW SECTION. Sec. 5. (1) Except as provided in subsection (2) of this section, property of a decedent abates, without preference as between real and personal property, in the following order:
(a) Intestate property;
(b) Residuary gifts;
(c) General gifts;
(d) Specific gifts.
For purposes of abatement a demonstrative gift, defined as a general gift charged on any specific property or fund, is deemed a specific gift to the extent of the value of the property or fund on which it is charged, and a general gift to the extent of a failure or insufficiency of that property or fund. Abatement within each classification is in proportion to the amounts of property each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of the will.
(2) If the will expresses an order of abatement, or if the testamentary plan or the express or implied purpose of the devise would be defeated by the order of abatement stated in subsection (1) of this section, a gift abates as may be found necessary to give effect to the intention of the testator.
(3) If the subject of a preferred gift is sold, diminished, or exhausted incident to administration, not including satisfaction of debts or liabilities according to their community or separate status under section 7 of this act, abatement must be achieved by appropriate adjustments in, or contribution from, other interests in the remaining assets.
(4) To the extent that the whole of the community property is subject to abatement, the shares of the decedent and of the surviving spouse in the community property abate equally.
(5) If required under section 8 of this act, nonprobate assets must abate with those disposed of under the will and passing by intestacy.
NEW SECTION. Sec. 6. To the extent that a gift is to be satisfied out of a source that consists of both separate and community property, unless otherwise indicated in the will it is presumed to be a gift from separate and community property in proportion to their relative value in the property or fund from which the gift is to be satisfied.
NEW SECTION. Sec. 7. (1) A community debt or liability is charged against the entire community property, with the surviving spouse's half and the decedent spouse's half charged equally.
(2) A separate debt or liability is charged first against separate property, and if that is insufficient against the balance of decedent's half of community property remaining after community debts and liabilities are satisfied.
(3) A community debt or liability that is also the separate debt or liability of the decedent is charged first against the whole of the community property and then against the decedent's separate property.
(4) An expense of administration is charged against the separate property and the decedent's half of the community property in proportion to the relative value of the property, unless a different charging of expenses is shown to be appropriate under the circumstances including against the surviving spouse's share of the community property.
(5) Property of a similar type, community or separate, is appropriated in accordance with the abatement priorities of section 5 of this act.
(6) Property that is primarily chargeable for a debt or liability is exhausted, in accordance with the abatement priorities of section 5 of this act, before resort is had, also in accordance with section 5 of this act, to property that is secondarily chargeable.
NEW SECTION. Sec. 8. (1) If abatement is necessary among takers of a nonprobate asset, the court shall adopt the abatement order and limitations set out in sections 5, 6, and 7 of this act, assigning categories in accordance with subsection (2) of this section.
(2) A nonprobate transfer must be categorized for purposes of abatement, within the list of priorities set out in section 5(1) of this act, as follows:
(a) All nonprobate forms of transfer under which an identifiable nonprobate asset passes to a beneficiary or beneficiaries on the event of the decedent's death, such as, but not limited to, joint tenancies and payable-on-death accounts, are categorized as specific bequests.
(b) With respect to all other interests passing under nonprobate forms of transfer, each must be categorized in the manner that is most closely comparable to the nature of the transfer of that interest.
(3) If and to the extent that a nonprobate asset is subject to the same obligations as are assets disposed of under the decedent's will, the nonprobate assets abate ratably with the probate assets, within the categories set out in subsection (2) of this section.
(4) If the nonprobate instrument of transfer or the decedent's will expresses a different order of abatement, or if the decedent's overall dispositive plan or the express or implied purpose of the transfer would be defeated by the order of abatement stated in subsections (1) through (3) of this section, the nonprobate assets abate as may be found necessary to give effect to the intention of the decedent.
NEW SECTION. Sec. 9. A new section is added to chapter 11.12 RCW to read as follows:
(1) If a will fails to name or provide for a child of the decedent who is born or adopted by the decedent after the will's execution and who survives the decedent, referred to in this section as an "omitted child", the child must receive a portion of the decedent's estate as provided in subsection (3) of this section, unless it appears either from the will or from other clear and convincing evidence that the failure was intentional.
(2) In determining whether an omitted child has been named or provided for, the following rules apply:
(a) A child identified in a will by name is considered named whether identified as a child or in any other manner.
(b) A reference in a will to a class described as the children, descendants, or issue of the decedent who are born after the execution of the will, or words of similar import, constitutes a naming of a person who falls within the class. A reference to another class, such as a decedent's heirs or family, does not constitute such a naming.
(c) A nominal interest in an estate does not constitute a provision for a child receiving the interest.
(3) The omitted child must receive an amount equal in value to that which the child would have received under RCW 11.04.015 if the decedent had died intestate, unless the court determines on the basis of clear and convincing evidence that a smaller share, including no share at all, is more in keeping with the decedent's intent. In making the determination, the court may consider, among other things, the various elements of the decedent's dispositive scheme, provisions for the omitted child outside the decedent's will, provisions for the decedent's other children under the will and otherwise, and provisions for the omitted child's other parent under the will and otherwise.
(4) In satisfying a share provided by this section, the bequests made by the will abate as provided in chapter 11.-- RCW (sections 4 through 8 of this act).
NEW SECTION. Sec. 10. A new section is added to chapter 11.12 RCW to read as follows:
(1) If a will fails to name or provide for a spouse of the decedent whom the decedent marries after the will's execution and who survives the decedent, referred to in this section as an "omitted spouse", the spouse must receive a portion of the decedent's estate as provided in subsection (3) of this section, unless it appears either from the will or from other clear and convincing evidence that the failure was intentional.
(2) In determining whether an omitted spouse has been named or provided for, the following rules apply:
(a) A spouse identified in a will by name is considered named whether identified as a spouse or in any other manner.
(b) A reference in a will to the decedent's future spouse or spouses, or words of similar import, constitutes a naming of a spouse whom the decedent later marries. A reference to another class such as the decedent's heirs or family does not constitute a naming of a spouse who falls within the class.
(c) A nominal interest in an estate does not constitute a provision for a spouse receiving the interest.
(3) The omitted spouse must receive an amount equal in value to that which the spouse would have received under RCW 11.04.015 if the decedent had died intestate, unless the court determines on the basis of clear and convincing evidence that a smaller share, including no share at all, is more in keeping with the decedent's intent. In making the determination the court may consider, among other things, the spouse's property interests under applicable community property or quasi-community property laws, the various elements of the decedent's dispositive scheme, and a marriage settlement or other provision and provisions for the omitted spouse outside the decedent's will.
(4) In satisfying a share provided by this section, the bequests made by the will abate as provided in chapter 11.-- RCW (sections 4 through 8 of this act).
NEW SECTION. Sec. 11. A new section is added to chapter 11.12 RCW to read as follows:
(1) If, after making a will, the testator's marriage is dissolved or invalidated, all provisions in the will in favor of or granting any interest or power to the testator's former spouse are revoked, unless the will expressly provides otherwise. Provisions affected by this section must be interpreted, and property affected passes, as if the former spouse failed to survive the testator, having died at the time of entry of the decree of dissolution or declaration of invalidity. Provisions revoked by this section are revived by the testator's remarriage to the former spouse. Revocation of certain nonprobate transfers is provided under RCW 11.07.010.
(2) This section is remedial in nature and applies to decrees of dissolution and declarations of invalidity entered before, on, or after the effective date of this act.
Sec. 12. RCW 11.12.040 and 1965 c 145 s 11.12.040 are each amended to read as follows:
(1) A will, or any part thereof, can be revoked:
(((1))) (a) By a ((written)) subsequent will that revokes, or partially revokes, the prior will expressly or by inconsistency; or
(((2))) (b) By being burnt, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking the same, by the testator ((himself)) or by another person in ((his)) the presence and by ((his)) the direction of the testator. If such act is done by any person other than the testator, the direction of the testator and the facts of such injury or destruction must be proved by two witnesses.
(2) Revocation of a will in its entirety revokes its codicils, unless revocation of a codicil would be contrary to the testator's intent.
Sec. 13. RCW 11.12.080 and 1965 c 145 s 11.12.080 are each amended to read as follows:
(1) If, after making any will, the testator shall ((duly make and)) execute a ((second)) later will that wholly revokes the former will, the destruction, cancellation, or revocation of ((such second)) the later will shall not revive the ((first)) former will, unless it was the testator's intention to revive it.
(2) Revocation of a codicil shall revive a prior will or part of a prior will that the codicil would have revoked had it remained in effect at the death of the testator, unless it was the testator's intention not to revive the prior will or part.
(3) Evidence that revival was or was not intended includes, in addition to a writing by which the later will or codicil is revoked, the circumstances of the revocation or contemporary or subsequent declarations of the testator.
Sec. 14. RCW 11.12.110 and 1965 c 145 s 11.12.110 are each amended to read as follows:
Unless otherwise provided, when any ((estate shall be devised or bequeathed to any child, grandchild, or other relative of the testator, and such devisee or legatee shall die before the testator, having lineal descendants who survive the testator, such descendants shall take the estate, real and personal, as such devisee or legatee would have done in the case he had survived the testator; if such descendants are all in the same degree of kinship to the predeceased devisee or legatee)) property shall be given under a will, or under a trust of which the decedent is a grantor and which by its terms becomes irrevocable upon the grantor's death, to any issue of a grandparent of the decedent and that issue dies before the decedent leaving descendants who survive the decedent, those descendants shall take that property as the predeceased issue would have done if the predeceased issue had survived the decedent. If those descendants are all in the same degree of kinship to the predeceased issue they shall take equally((,)) or, if of unequal degree, then those of more remote degree shall take by representation with respect to ((such)) the predeceased ((devisee or legatee. A spouse is not a relative under the provisions of this section)) issue.
Sec. 15. RCW 11.12.120 and 1974 ex.s. c 117 s 51 are each amended to read as follows:
((Whenever any person having died leaving)) (1) If a will ((which has been admitted to probate or established by an adjudication of testacy, shall by said will have given, devised or bequeathed unto any person, a legacy or a devise upon the condition that said person survive him, and not otherwise, such legacy or devise shall lapse and fall into the residue of said estate to be distributed according to the residuary clause, if there be one, of said will, and if there be none then according to the laws of descent, unless said legatee or devisee, as the case may be, or his heirs, personal representative, or someone in behalf of such legatee or devisee, shall appear before the court which is administering said estate within three years from and after the date the said will was admitted to probate or established by an adjudication of testacy, and prove to the satisfaction of the court that the said legatee or devisee, as the case may be, did in fact survive the testator)) makes a gift to a person on the condition that the person survive the testator and the person does not survive the testator, then, unless otherwise provided, the gift lapses and falls into the residue of the estate to be distributed under the residuary clause of the will, if any, but otherwise according to the laws of descent and distribution.
(2) If the will gives the residue to two or more persons, the share of a person who does not survive the testator passes, unless otherwise provided, and subject to RCW 11.12.110, to the other person or persons receiving the residue, in proportion to the interest of each in the remaining part of the residue.
(3) The personal representative of the testator, a person who would be affected by the lapse or distribution of a gift under this section, or a guardian ad litem or other representative appointed to represent the interests of a person so affected may petition the court for a determination under this section, and the petition must be heard under the procedures of chapter 11.96 RCW.
Sec. 16. RCW 11.12.160 and 1965 c 145 s 11.12.160 are each amended to read as follows:
((All beneficial devises, legacies, and gifts whatever, made or given in any will to a subscribing witness thereto, shall be void unless there are two other competent witnesses to the same; but a mere charge on the estate of the testator for the payment of debts shall not prevent his creditors from being competent witnesses to his will. If such witness, to whom any beneficial devise, legacy or gift may have been made or given, would have been entitled to any share in the testator's estate in case the will is not established, then so much of the estate as would have descended or would have been distributed to such witness shall be saved to him as will not exceed the value of the devise or bequest made to him in the will; and he may recover the same from the devisees or legatees named in the will in proportion to and out of the parts devised and bequeathed to him.)) (1) An interested witness to a will is one who would receive a gift under the will.
(2) A will or any of its provisions is not invalid because it is signed by an interested witness. Unless there are at least two other subscribing witnesses to the will who are not interested witnesses, the fact that the will makes a gift to a subscribing witness creates a rebuttable presumption that the witness procured the gift by duress, menace, fraud, or undue influence.
(3) If the presumption established under subsection (2) of this section applies and the interested witness fails to rebut it, the interested witness shall take so much of the gift as does not exceed the share of the estate that would be distributed to the witness if the will were not established.
(4) The presumption established under subsection (2) of this section has no effect other than that stated in subsection (3) of this section.
Sec. 17. RCW 11.12.180 and 1965 c 145 s 11.12.180 are each amended to read as follows:
((If any person, by last will, devise any real estate to any person for the term of such person's life, such devise vests in the devisee an estate for life, and unless the remainder is specially devised, it shall revert to the heirs at law of the testator.)) The Rule in Shelley's Case is abolished as a rule of law and as a rule of construction. If an applicable statute or a governing instrument calls for a future distribution to or creates a future interest in a designated individual's "heirs," "heirs at law," "next of kin," "relatives," or "family," or language of similar import, the property passes to those persons, including the state under chapter 11.08 RCW, that would succeed to the designated individual's estate under chapter 11.04 RCW. The property must pass to those persons as if the designated individual had died when the distribution or transfer of the future interest was to take effect in possession or enjoyment. For purposes of this section and section 18 of this act, the designated individual's surviving spouse is deemed to be an heir, regardless of whether the surviving spouse has remarried.
NEW SECTION. Sec. 18. A new section is added to chapter 11.12 RCW to read as follows:
The Doctrine of Worthier Title is abolished as a rule of law and as a rule of construction. However, the Doctrine of Worthier Title is preserved as a rule of construction if:
(1) A grantor has established in inter vivos trust of real property;
(2) The grantor has expressly reserved a reversion to himself or herself; and
(3) The words "heirs" or "heirs at law" are used by the grantor to describe the quality of the grantor's title in the reversion as an estate in fee simple in the event that the property reverts to the grantor.
In all other cases, language in a governing instrument describing the beneficiaries of a donative disposition as the transferor's "heirs," "heirs at law," "next of kin," "distributees," "relatives," or "family," or language of similar import, does not create or presumptively create a reversionary interest in the transferor.
NEW SECTION. Sec. 19. (1) Unless expressly exempted by statute, a beneficiary of a nonprobate asset that was subject to satisfaction of the decedent's general liabilities immediately before the decedent's death takes the asset subject to liabilities, claims, estate taxes, and the fair share of expenses of administration reasonably incurred by the personal representative in the transfer of or administration upon the asset. The beneficiary of such an asset is liable to account to the personal representative to the extent necessary to satisfy liabilities, claims, the asset's fair share of expenses of administration, and the asset's share of estate taxes under chapter 83.110 RCW. Before making demand that a beneficiary of a nonprobate asset account to the personal representative, the personal representative shall give notice to the beneficiary, in the manner provided in chapter 11.96 RCW, that the beneficiary is liable to account under this section.
(2) The following rules govern in applying subsection (1) of this section:
(a) A beneficiary of property passing at death under a community property agreement takes the property subject to the decedent's liabilities, claims, estate taxes, and administration expenses as described in subsection (1) of this section. However, assets existing as community or separate property immediately before the decedent's death under the community property agreement are subject to the decedent's liabilities and claims to the same extent that they would have been had they been assets of the probate estate.
(b) A beneficiary of property held in joint tenancy form with right of survivorship, including without limitation United States savings bonds or similar obligations, takes the property subject to the decedent's liabilities, claims, estate taxes, and administration expenses as described in subsection (1) of this section to the extent of the decedent's beneficial ownership interest in the property immediately before death.
(c) A beneficiary of payable-on-death or trust bank accounts, bonds, securities, or similar obligations, including without limitation United States bonds or similar obligations, takes the property subject to the decedent's liabilities, claims, estate taxes, and administration expenses as described in subsection (1) of this section, to the extent of the decedent's beneficial ownership interest in the property immediately before death.
(d) A beneficiary of deeds or conveyances made by the decedent if possession has been postponed until the death of the decedent takes the property subject to the decedent's liabilities, claims, estate taxes, and administration expenses as described in subsection (1) of this section, to the extent of the decedent's beneficial ownership interest in the property immediately before death.
(e) A trust for the decedent's use of which the decedent is the grantor is subject to the decedent's liabilities, claims, estate taxes, and administration expenses as described in subsection (1) of this section, to the same extent as the trust was subject to claims of the decedent's creditors immediately before death under RCW 19.36.020.
(f) A trust not for the use of the grantor but of which the decedent is the grantor and that becomes effective or irrevocable only upon the decedent's death is subject to the decedent's claims, liabilities, estate taxes, and expenses of administration as described in subsection (1) of this section.
(g) Anything in this section to the contrary notwithstanding, nonprobate assets that existed as community property immediately before the decedent's death are subject to the decedent's liabilities and claims to the same extent that they would have been had they been assets of the probate estate.
(h) The liability of a beneficiary of life insurance is governed by chapter 48.18 RCW.
(i) The liability of a beneficiary of pension or retirement employee benefits is governed by chapter 6.15 RCW.
(j) An inference may not be drawn from (a) through (i) of this subsection that a beneficiary of nonprobate assets other than those assets specifically described in (a) through (i) of this subsection does or does not take the assets subject to claims, liabilities, estate taxes, and administration expenses as described in subsection (1) of this section.
(3) Nothing in this section derogates from the rights of a person interested in the estate to recover tax under chapter 83.110 RCW or from the liability of any beneficiary for estate tax under chapter 83.110 RCW.
Sec. 20. RCW 11.20.070 and 1965 c 145 s 11.20.070 are each amended to read as follows:
((Whenever any will is lost or destroyed, the court may take proof of the execution and validity of such will and establish it, notice to all persons interested having been first given. Such proof shall be reduced to writing and signed by the witnesses and filed with the clerk of the court.
No will shall be allowed to be proved as a lost or destroyed will unless it is proved to have been in existence at the time of the death of the testator, or is shown to have been destroyed, canceled or mutilated in whole or in part as a result of actual or constructive fraud or in the course of an attempt to change the will in whole or in part, which attempt has failed, or as the result of a mistake of fact, nor unless its provisions are clearly and distinctly proved by at least two witnesses, and when any such will is so established, the provisions thereof shall be distinctly stated in the judgment establishing it, and such judgment shall be recorded as wills are required to be recorded. Executors of such will or administrators with the will annexed)) (1) If a will has been lost or destroyed under circumstances such that the loss or destruction does not have the effect of revoking the will, the court may take proof of the execution and validity of the will and establish it, notice to all persons interested having been first given. The proof must be reduced to writing and signed by any witnesses who have testified as to the execution and validity, and must be filed with the clerk of the court.
(2) The provisions of a lost or destroyed will must be proved by clear, cogent, and convincing evidence, consisting at least in part of a witness to either its contents or the authenticity of a copy of the will.
(3) When a lost or destroyed will is established under subsections (1) and (2) of this section, its provisions must be distinctly stated in the judgment establishing it, and the judgment must be recorded as wills are required to be recorded. A personal representative may be appointed by the court in the same manner as is herein provided with reference to original wills presented to the court for probate.
Sec. 21. RCW 11.24.010 and 1971 c 7 s 1 are each amended to read as follows:
If any person interested in any will shall appear within four months immediately following the probate or rejection thereof, and by petition to the court having jurisdiction contest the validity of said will, or appear to have the will proven which has been rejected, he or she shall file a petition containing his or her objections and exceptions to said will, or to the rejection thereof. ((Issue shall be made up, tried and determined in said court respecting the competency of the deceased to make a last will and testament, or respecting the execution by a deceased of such last will and testament under restraint or undue influence or fraudulent representations, or for any other cause affecting the validity of such will.)) Issues respecting the competency of the deceased to make a last will and testament, or respecting the execution by a deceased of the last will and testament under restraint or undue influence or fraudulent representations, or for any other cause affecting the validity of the will or a part of it, shall be tried and determined by the court.
If no person shall appear within the time ((aforesaid)) under this section, the probate or rejection of such will shall be binding and final.
Sec. 22. RCW 11.24.040 and 1965 c 145 s 11.24.040 are each amended to read as follows:
If, upon the trial of said issue, it shall be decided that the will or a part of it is for any reason invalid, or that it is not sufficiently proved to have been the last will of the testator, the will or part and probate thereof shall be annulled and revoked((, and thereupon and thereafter the powers of the executor or administrator with the will annexed shall cease, but such executor or administrator)) and to that extent the powers of the personal representative shall cease, but the personal representative shall not be liable for any act done in good faith previous to such annulling or revoking.
Sec. 23. RCW 11.28.120 and 1985 c 133 s 1 are each amended to read as follows:
Administration of ((the)) an estate ((of)) if the ((person dying)) decedent died intestate or if the personal representative or representatives named in the will declined or were unable to serve shall be granted to some one or more of the persons hereinafter mentioned, and they shall be respectively entitled in the following order:
(1) The surviving ((husband or wife)) spouse, or such person as he or she may request to have appointed.
(2) The next of kin in the following order: (a) Child or children; (b) father or mother; (c) brothers or sisters; (d) grandchildren; (e) nephews or nieces.
(3) The trustee named by the decedent in an inter vivos trust instrument, testamentary trustee named in the will, guardian of the person or estate of the decedent, or attorney in fact appointed by the decedent, if any such a fiduciary controlled or potentially controlled substantially all of the decedent's probate and nonprobate assets.
(4) One or more of the beneficiaries or transferees of the decedent's probate or nonprobate assets.
(5) The director of revenue, or the director's designee, for those estates having property subject to the provisions of chapter 11.08 RCW; however, the director may waive this right.
(((4))) (6) One or more of the principal creditors.
(((5))) (7) If the persons so entitled shall fail for more than forty days after the death of the ((intestate)) decedent to present a petition for letters of administration, or if it appears to the satisfaction of the court that there ((are)) is no ((relatives or)) next of kin, as above specified eligible to appointment, or they waive their right, and there are no principal creditor or creditors, or such creditor or creditors waive their right, then the court may appoint any suitable person to administer such estate.
Sec. 24. RCW 11.28.237 and 1977 ex.s. c 234 s 6 are each amended to read as follows:
Within twenty days after appointment, the personal representative of the estate of a decedent shall cause written notice of his or her appointment and the pendency of said probate proceedings, to be served personally or by mail to each heir, legatee and devisee of the estate and each beneficiary or transferee of a nonprobate asset of the decedent whose names and addresses are known to him or her, and proof of such mailing or service shall be made by affidavit and filed in the cause.
Sec. 25. RCW 11.40.010 and 1991 c 5 s 1 are each amended to read as follows:
Every personal representative shall, after appointment and qualification, give a notice to the creditors of the deceased, stating such appointment and qualification as personal representative and requiring all persons having claims against the deceased to serve the same on the personal representative or the estate's attorney of record, and file an executed copy thereof with the clerk of the court, within four months after the date of the first publication of such notice described in this section or within four months after the date of the filing of the copy of such notice with the clerk of the court, whichever is the later, or within the time otherwise provided in RCW 11.40.013. The four-month time period after the later of the date of the first publication of the notice to creditors or the date of the filing of such notice with the clerk of the court is referred to in this chapter as the "four-month time limitation." Such notice shall be given as follows:
(1) The personal representative shall give actual notice, as provided in RCW 11.40.013, to such creditors who become known to the personal representative within such four-month time limitation;
(2) The personal representative shall cause such notice to be published once in each week for three successive weeks in the county in which the estate is being administered; and
(3) The personal representative shall file a copy of such notice with the clerk of the court.
Except as otherwise provided in RCW 11.40.011 or 11.40.013, any claim not filed within the four-month time limitation shall be forever barred, if not already barred by any otherwise applicable statute of limitations. This bar is effective as to claims against both the decedent's probate assets and nonprobate assets as described in section 19 of this act. Proof by affidavit of the giving and publication of such notice shall be filed with the court by the personal representative.
Acts of a notice agent in complying with chapter ..., Laws of 1994 (this act) may be adopted and ratified by the personal representative as if done by the personal representative in complying with this chapter, except that if at the time of the appointment and qualification of the personal representative a notice agent had commenced nonprobate notice to creditors under chapter 11.-- RCW (sections 31 through 48 of this act), the personal representative shall ive published notice as provided in section 48 of this act.
Sec. 26. RCW 11.40.013 and 1989 c 333 s 4 are each amended to read as follows:
The actual notice described in RCW 11.40.010(1), as to creditors becoming known to the personal representative within the four-month time limitation, shall be given the creditors by personal service or regular first class mail, addressed to the creditor's last known address, postage prepaid. The actual notice shall be given before the later of the expiration of the four-month time limitation or thirty days after any creditor became known to the personal representative within the four-month time limitation. Any known creditor is barred unless the creditor has filed a claim, as otherwise provided in this chapter, within the four-month time limitation or within thirty days following the date of actual notice to that creditor, whichever is later. If notice is given by mail, the date of mailing shall be the date of notice. This bar is effective as to claims against both the decedent's probate assets and nonprobate assets.
Sec. 27. RCW 11.40.015 and 1989 c 333 s 6 are each amended to read as follows:
Notice under RCW 11.40.010 shall be in substantially the following form:
)
CAPTION ) No.
OF CASE )
) NOTICE TO CREDITORS
)
. . . . . . .. . . . . . .. . . . . . .. . . . . . . )
The personal representative named below has been appointed and has qualified as personal representative of this estate. Persons having claims against the ((deceased)) decedent must, prior to the time such claims would be barred by any otherwise applicable statute of limitations, serve their claims on the personal representative or the attorneys of record at the address stated below and file an executed copy of the claim with the Clerk of this Court within four months after the date of first publication of this notice or within four months after the date of the filing of the copy of this Notice with the Clerk of the Court, whichever is later or, except under those provisions included in RCW 11.40.011 or 11.40.013, the claim will be forever barred. This bar is effective as to claims against both the probate assets and nonprobate assets of the decedent.
DATE OF FILING COPY OF NOTICE TO CREDITORS with Clerk of Court: . . . . . . . . . . .
DATE OF FIRST PUBLICATION: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,
Personal Representative
Address
Attorney for Estate:
Address:
Telephone:
Sec. 28. RCW 11.40.040 and 1974 ex.s. c 117 s 36 are each amended to read as follows:
Every claim which has been allowed by the personal representative shall be ranked among the acknowledged debts of the estate to be paid expeditiously in the course of administration.
Sec. 29. RCW 11.40.080 and 1988 c 64 s 22 are each amended to read as follows:
No holder of any claim against a decedent shall maintain an action thereon, unless the claim shall have been first presented as ((herein)) provided in this chapter. Nothing in this chapter affects ((the notice under)) RCW 82.32.240.
Sec. 30. RCW 11.48.010 and 1965 c 145 s 11.48.010 are each amended to read as follows:
It shall be the duty of every personal representative to settle the estate, including the administration of any nonprobate assets within control of the personal representative under section 19 of this act, in his or her hands as rapidly and as quickly as possible, without sacrifice to the probate or nonprobate estate. ((He)) The personal representative shall collect all debts due the deceased and pay all debts as hereinafter provided. ((He)) The personal representative shall be authorized in his or her own name to maintain and prosecute such actions as pertain to the management and settlement of the estate, and may institute suit to collect any debts due the estate or to recover any property, real or personal, or for trespass of any kind or character.
NEW SECTION. Sec. 31. (1) Subject to the conditions stated in this section and if no personal representative has been appointed and qualified in the decedent's estate in Washington, the following members of a group, defined as the "qualified group", are qualified to give "nonprobate notice to creditors" of the decedent:
(a) Decedent's surviving spouse;
(b) The person appointed in an agreement made under chapter 11.96 RCW to give nonprobate notice to creditors of the decedent;
(c) The trustee, except a testamentary trustee under the will of the decedent not probated in another state, having authority over any of the property of the decedent; and
(d) A person who has received any property of the decedent by reason of the decedent's death.
(2) The "included property" means the property of the decedent that was subject to satisfaction of the decedent's general liabilities immediately before the decedent's death and that either:
(a) Constitutes a nonprobate asset; or
(b) Has been received, or is entitled to be received, either under chapter 11.62 RCW or by the personal representative of the decedent's probate estate administered outside the state of Washington, or both.
(3) The qualified person shall give the nonprobate notice to creditors. The "qualified person" must be:
(a) The person in the qualified group who has received, or is entitled to receive, by reason of the decedent's death, all, or substantially all, of the included property; or
(b) If there is no person in (a) of this subsection, then the person who has been appointed by those persons, including any successors of those persons, in the qualified group who have received, or are entitled to receive, by reason of the decedent's death, all, or substantially all, of the included property.
(4) The requirement in subsection (3) of this section of the receipt of all, or substantially all, of the included property is satisfied if:
(a) The person described in subsection (3)(a) of this section at the time of the filing of the declaration and oath referred to in subsection (5) of this section in reasonable good faith believed that the person had received, or was entitled to receive, by reason of the decedent's death, all, or substantially all, of the included property; or
(b) The persons described in subsection (3)(b) of this section at the time of their entry into the agreement under chapter 11.96 RCW in which they appoint the person to give the nonprobate notice to creditors in reasonable good faith believed that they had received, or were entitled to receive, by reason of the decedent's death, all, or substantially all, of the included property.
(5) The "notice agent" means the qualified person who:
(a) Files a declaration and oath with the clerk of the superior court in a county in which probate may be commenced regarding the decedent as provided in RCW 11.96.050(2);
(b) Pays a filing fee to the clerk equal in amount to the filing fee charged by the clerk for the probate of estates; and
(c) Receives from the clerk a cause number.
The county in which the notice agent files the declaration is the "notice county." The declaration and oath must be made in affidavit form or under penalty of perjury under the laws of the state in the form provided in RCW 9A.72.085 and must state that the person making the declaration believes in reasonable good faith that the person is qualified under this chapter to act as the notice agent and that the person faithfully will execute the duties of the notice agent as provided in this chapter.
(6) The following persons may not act as notice agent:
(a) Corporations, trust companies, and national banks, except:
(i) Professional service corporations that are regularly organized under the laws of this state whose shareholder or shareholders are exclusively attorneys; and
(ii) Other corporations, trust companies, and national banks that are authorized to do trust business in this state;
(b) Minors;
(c) Persons of unsound mind; or
(d) Persons who have been convicted of a felony or of a misdemeanor involving moral turpitude.
(7) A person who has given notice under this chapter and who thereafter becomes of unsound mind or is convicted of a crime or misdemeanor involving moral turpitude is no longer qualified to act as notice agent under this chapter. The disqualification does not bar another person, otherwise qualified, from acting as notice agent under this chapter.
(8) A nonresident may act as notice agent if the nonresident appoints an agent who is a resident of the notice county or who is attorney of record for the notice agent upon whom service of all papers may be made. The appointment must be made in writing and filed by the clerk of the notice county with the other papers relating to the notice given under this chapter.
(9) The powers and authority of a notice agent cease, and the office of notice agent becomes vacant, upon the appointment and qualification of a personal representative for the estate of the decedent. Except as provided in section 48 of this act, the cessation of the powers and authority does not affect a published notice under this chapter if the publication commenced before the cessation and does not affect actual notice to creditors given by the notice agent before the cessation.
NEW SECTION. Sec. 32. (1) The notice agent may give nonprobate notice to the creditors of the decedent if:
(a) As of the date of the filing of a copy of the notice with the clerk of the superior court for the notice county, the notice agent has no knowledge of the appointment and qualification of a personal representative in the decedent's estate in the state of Washington or of another person becoming a notice agent; and
(b) According to the records of the clerk of the superior court for the notice county as of 8:00 a.m. on the date of the filing, no personal representative of the decedent's estate had been appointed and qualified and no cause number regarding the decedent had been issued to any other notice agent by the clerk under section 31 of this act.
(2) The notice must state that all persons having claims against the decedent shall: (a) Serve the same on the notice agent if the notice agent is a resident of the state of Washington upon whom service of all papers may be made, or on the nonprobate resident agent for the notice agent, if any, or on the attorneys of record of the notice agent at their respective address in the state of Washington; and (b) file an executed copy of the notice with the clerk of the superior court for the notice county, within: (i) (A) Four months after the date of the first publication of the notice described in this section; or (B) four months after the date of the filing of the copy of the notice with the clerk of the superior court for the notice county, whichever is later; or (ii) the time otherwise provided in section 35 of this act. The four-month time period after the later of the date of the first publication of the notice to creditors or the date of the filing of the notice with the clerk of the court is referred to in this chapter as the "four-month time limitation."
(3) The notice agent shall declare in the notice in affidavit form or under the penalty of perjury under the laws of the state of Washington as provided in RCW 9A.72.085 that: (a) The notice agent is entitled to give the nonprobate notice under subsection (1) of this section; and (b) the notice is being given by the notice agent as permitted by this section.
(4) The notice agent shall sign the notice and file it with the clerk of the superior court for the notice county. The notice must be given as follows:
(a) The notice agent shall give actual notice as to creditors of the decedent who become known to the notice agent within the four-month time limitation as required in section 35 of this act;
(b) The notice agent shall cause the notice to be published once in each week for three successive weeks in the notice county; and
(c) The notice agent shall file a copy of the notice with the clerk of the superior court for the notice county.
(5) A claim not filed within the four-month time limitation is forever barred, if not already barred by an otherwise applicable statute of limitations, except as provided in section 33 or 35 of this act. The bar is effective to bar claims against both the probate estate of the decedent and nonprobate assets that were subject to satisfaction of the decedent's general liabilities immediately before the decedent's death. If a notice to the creditors of a decedent is published by more than one notice agent and the notice agents are not acting jointly, the four-month time limitation means the four-month time limitation that applies to the notice agent who first publishes the notice. Proof by affidavit or perjury declaration made under RCW 9A.72.085 of the giving and publication of the notice must be filed with the clerk of the superior court for the notice county by the notice agent.
NEW SECTION. Sec. 33. The time limitations under this chapter for serving and filing claims do not accrue to the benefit of a liability or casualty insurer as to claims against either the decedent or the marital community of which the decedent was a member, or both, and:
(1) The claims, subject to applicable statutes of limitation, may at any time be: (a) Served on the duly acting notice agent, the duly acting resident agent for the notice agent, or on the attorney for either of them; and (b) filed with the clerk of the superior court for the notice county; or
(2) If there is no duly acting notice agent or resident agent for the notice agent, the claimant as a creditor shall proceed as provided in chapter 11.40 RCW. However, if no personal representative ever has been appointed for the decedent, a personal representative must be appointed as provided in chapter 11.28 RCW and the estate opened, in which case the claimant then shall proceed as provided in chapter 11.40 RCW.
A claim may be served and filed as provided in this section, notwithstanding that there is no duly acting notice agent and that no personal representative previously has been appointed. However, the amount of recovery under the claim may not exceed the amount of applicable insurance coverages and proceeds, and the claim so served and filed may not constitute a cloud or lien upon the title to the assets of the decedent or delay or prevent the transfer or distribution of assets of the decedent. This section does not serve to extend the applicable statute of limitations regardless of whether a declaration and oath has been filed by a notice agent as provided in section 31 of this act.
NEW SECTION. Sec. 34. The notice agent shall exercise reasonable diligence to discover, within the four-month time limitation, reasonably ascertainable creditors of the decedent. The notice agent is deemed to have exercised reasonable diligence to ascertain the creditors upon:
(1) Conducting, within the four-month time limitation, a reasonable review of the decedent's correspondence including correspondence received after the date of death and financial records including checkbooks, bank statements, income tax returns, and similar materials, that are in the possession of, or reasonably available to, the notice agent; and
(2) Having made, with regard to claimants, inquiry of the nonprobate takers of the decedent's property and of the presumptive heirs, devisees, and legatees of the decedent, all of whose names and addresses are known, or in the exercise of reasonable diligence should have been known, to the notice agent.
If the notice agent conducts the review and makes an inquiry, the notice agent is presumed to have exercised reasonable diligence to ascertain creditors of the decedent, and creditors not ascertained in the review or in an inquiry are presumed not reasonably ascertainable. These presumptions may be rebutted only by clear, cogent, and convincing evidence. The notice agent may evidence the review and inquiry by filing an affidavit or declaration under penalty of perjury form as provided in RCW 9A.72.085 to the effect in the nonprobate proceeding in the notice county. The notice agent also may petition the superior court of the notice county for an order declaring that the notice agent has made a review and inquiry and that only creditors known to the notice agent after the review and inquiry are reasonably ascertainable. The petition and hearing must be under the procedures provided in chapter 11.96 RCW, and the notice specified under RCW 11.96.100 must also be given by publication.
NEW SECTION. Sec. 35. The actual notice described in section 32(4)(a) of this act, as to a creditor becoming known to the notice agent within the four-month time limitation, must be given the creditor by personal service or regular first class mail, addressed to the creditor's last known address, postage prepaid. The actual notice must be given before the later of the expiration of the four-month time limitation or thirty days after a creditor became known to the notice agent within the four-month time limitation. A known creditor is barred unless the creditor has filed a claim, as provided in this chapter, within the four-month time limitation or within thirty days following the date of actual notice to that creditor, whichever is later. If notice is given by mail, the date of mailing is the date of notice. This bar is effective as to claims against the included property as defined in section 31 of this act.
NEW SECTION. Sec. 36. (1) Whether or not notice under section 32 of this act has been given or should have been given, if no personal representative has been appointed and qualified, a person having a claim against the decedent who has not filed the claim within eighteen months from the date of the decedent's death is forever barred from making a claim against the decedent, or commencing an action against the decedent, if the claim or action is not already barred by any otherwise applicable statute of limitations. However, this eighteen-month limitation does not apply to:
(a) Claims described in section 33 of this act;
(b) A claim if, during the eighteen-month period following the date of death, partial performance has been made on the obligation underlying the claim, and the notice agent has not given the actual notice described in section 32(4)(a) of this act; or
(c) Claims if, within twelve months after the date of death:
(i) No notice agent has given the published notice described in section 32(4)(b) of this act; and
(ii) No personal representative has given the published notice described in RCW 11.40.010(2).
Any otherwise applicable statute of limitations applies without regard to the tolling provisions of RCW 4.16.190.
(2) Claims referred to in this section must be filed if there is no duly appointed, qualified, and acting personal representative and there is a duly declared and acting notice agent or resident agent for the notice agent. The claims, subject to applicable statutes of limitation, may at any time be served on the duly declared and acting notice agent or resident agent for the notice agent, or on the attorney for either of them.
(3) A claim to be filed under this chapter if there is no duly appointed, qualified, and acting personal representative but there is a duly declared and acting notice agent or resident agent for the notice agent and which claim is not otherwise barred under this chapter must be made in the form and manner provided under section 32 of this act, as if the notice under that section had been given.
NEW SECTION. Sec. 37. Notice under section 32 of this act must be in substantially the following form:
In the Matter of )
) No.
)
) NONPROBATE NOTICE TO CREDITORS
Deceased. )
______________________________)
_________________________________________, the undersigned Notice Agent, has elected to give notice to creditors of the decedent above named under section 32 of this act. As of the date of the filing of a copy of this notice with the Clerk of this Court, the Notice Agent has no knowledge of the appointment and qualification of a personal representative in the decedent's estate in the state of Washington or of any other person becoming a Notice Agent. According to the records of the Clerk of this Court as of 8:00 a.m. on the date of the filing of this notice with the Clerk, no personal representative of the decedent's estate had been appointed and qualified and no cause number regarding the decedent had been issued to any other Notice Agent by the Clerk of this Court under section 31 of this act.
Persons having claims against the decedent named above must, before the time the claims would be barred by any otherwise applicable statute of limitations, serve their claims on: The notice agent if the Notice Agent is a resident of the state of Washington upon whom service of all papers may be made; the Nonprobate Resident Agent for the Notice Agent, if any; or the attorneys of record for the Notice Agent at the respective address in the state of Washington listed below, and file an executed copy of the claim with the Clerk of this Court within four months after the date of first publication of this notice, or within four months after the date of the filing of the copy of this notice with the Clerk of the Court, whichever is later, or, except under those provisions included in section 33 or 35 of this act, the claim will be forever barred. This bar is effective as to all assets of the decedent that were subject to satisfaction of the decedent's general liabilities immediately before the decedent's death regardless of whether those assets are or would be assets of the decedent's probate estate or nonprobate assets of the decedent.
Date of filing of this notice with the
Clerk of the Court: ____________________
Date of first publication of this notice: ____________________
The Notice Agent declares under penalty of perjury under the laws of the State of Washington on __________________, 19___ at [City] , [State] that the foregoing is true and correct.
____________________________ ______________________________________
Notice Agent [signature] Nonprobate Resident Agent [if appointed]
[address in Washington, if any] [address in Washington]
_________________________
Attorney for Notice Agent
[address in Washington]
[telephone]
NEW SECTION. Sec. 38. RCW 11.40.020 applies to claims subject to this chapter.
NEW SECTION. Sec. 39. (1) Property of the decedent that was subject to the satisfaction of the decedent's general liabilities immediately before the decedent's death is liable for claims. The property includes, but is not limited to, property of the decedent that is includable in the decedent's probate estate, whether or not there is a probate administration of the decedent's estate.
(2) A claim approved by the notice agent, and a judgment on a claim first prosecuted against a notice agent, may be paid only out of assets received as a result of the death of the decedent by the notice agent or by those appointing the notice agent under chapter 11.96 RCW, except as may be provided by agreement under RCW 11.96.170 or by court order under RCW 11.96.070.
NEW SECTION. Sec. 40. (1) The notice agent shall approve or reject claims no later than by the end of a period that is two months after the end of the four-month time limitation defined as the "review period."
(2) The notice agent may approve a claim, in whole or in part.
(3) If the notice agent rejects a claim, in whole or in part, the notice agent shall notify the claimant of the rejection and file in the office of the clerk of the court in the notice county an affidavit or declaration under penalty of perjury under RCW 9A.72.085 showing the notification and the date of the notification. The notification must be by personal service or certified mail addressed to the claimant at the claimant's address as stated in the claim. If a person other than the claimant signed the claim for or on behalf of the claimant, and the person's business address as stated in the claim is different from that of the claimant, notification of the rejection also must be made by personal service or certified mail upon that person. The date of the postmark is the date of the notification. The notification of the rejection must advise the claimant, and the person making claim on his, her, or its behalf, if any, that the claimant must bring suit in the proper court in the notice county against the notice agent: (a) Within thirty days after notification of rejection if the notification is made during or after the review period; or (b) before expiration of thirty days after the end of the four-month time limitation, if the notification is made during the four-month time limitation, and that otherwise the claim is forever barred.
(4) A claimant whose claim either has been rejected by the notice agent or has not been acted upon within twenty days of written demand for the action having been given to the notice agent by the claimant during or after the review period must commence an action against the notice agent in the proper court in the notice county to enforce the claim of the claimant within the earlier of:
(a) If the notice of the rejection of the claim has been sent as provided in subsection (3) of this section: The time for filing an action on a rejected claim is as provided in subsection (3) of this section; or
(b) If written demand for approval or rejection is made on the notice agent before the claim is rejected: Within 30 days following the end of the twenty-day written demand period where the demand period ends during or after the review period;
otherwise the claim is forever barred.
(5) The notice agent may, either before or after rejection of a claim, compromise the claim, whether due or not, absolute or contingent, liquidated or unliquidated.
(6) A personal representative of the decedent's estate may revoke either or both of: (a) The rejection of a claim that has been rejected by the notice agent; or (b) the approval of a claim that has been either approved or compromised by the notice agent, or both.
(7) If a notice agent pays a claim that subsequently is revoked by a personal representative of the decedent, the notice agent may file a claim in the decedent's estate for the notice agent's payment, and the claim may be allowed or rejected as other claims, at the election of the personal representative.
(8) If the notice agent has not received substantially all assets of the decedent that are liable for claims, then although an action may be commenced on a rejected claim by a creditor against the notice agent, the notice agent, notwithstanding any provision in this chapter, may only make an appearance in the litigation. The Notice Agent may not answer the action, but must, instead, cause a petition to be filed for the appointment of a personal representative of the decedent within thirty days of the service of the creditor's summons and complaint on the notice agent. A judgment may not be entered in an action brought by a creditor against the notice agent earlier than twenty days after the duly appointed, qualified, and acting personal representative of the decedent has been substituted in that action for the notice agent.
NEW SECTION. Sec. 41. If a claim has been filed and presented to a notice agent, and a part of the claim is allowed, the amount of the allowance must be stated in the indorsement. If the creditor refuses to accept the amount so allowed in satisfaction of the claim, the creditor may not recover costs in an action the creditor may bring against the notice agent and against any substituted personal representative unless the creditor recovers a greater amount than that offered to be allowed, exclusive of interest and costs.
NEW SECTION. Sec. 42. A debt of a decedent for whose estate no personal representative has been appointed must be paid in the following order by the notice agent from the assets of the decedent that are subject to the payment of claims as provided in section 39 of this act:
(1) Costs of administering the assets subject to the payment of claims, including a reasonable fee to the notice agent, the resident agent for the notice agent, if any, reasonable attorneys' fees for the attorney for each of them, filing fees, publication costs, mailing costs, and similar costs and fees.
(2) Funeral expenses in a reasonable amount.
(3) Expenses of the last sickness in a reasonable amount.
(4) Wages due for labor performed within sixty days immediately preceding the death of the decedent.
(5) Debts having preference by the laws of the United States.
(6) Taxes or any debts or dues owing to the state.
(7) Judgments rendered against the decedent in the decedent's lifetime that are liens upon real estate on which executions might have been issued at the time of the death of the decedent and debts secured by mortgages in the order of their priority. However, the real estate is subject to the payment of claims as provided in section 40 of this act.
(8) All other demands against the assets subject to the payment of claims as provided in section 40 of this act.
A claim of the notice agent or other person who has received property by reason of the decedent's death may not be paid by the notice agent unless all other claims that have been filed under this chapter, and all debts having priority to the claim, are paid in full or otherwise settled by agreement, regardless of whether the other claims are allowed or rejected, or partly allowed or partly rejected. In the event of the probate of the decedent's estate, the personal representative's payment from estate assets of the claim of the notice agent or other person who has received property by reason of the decedent's death is not affected by the priority payment provisions of this section.
NEW SECTION. Sec. 43. The notice agent may not allow a claim that is barred by the statute of limitations.
NEW SECTION. Sec. 44. A holder of a claim against a decedent may not maintain an action on the claim against a notice agent, unless the claim has been first presented as provided in this chapter. This chapter does not affect RCW 82.32.240.
NEW SECTION. Sec. 45. The time during which there is a vacancy in the office of notice agent is not included in a limitation prescribed in this chapter.
NEW SECTION. Sec. 46. If a judgment has been rendered against a decedent in the decedent's lifetime, an execution may not issue on the judgment after the death of the decedent, but the judgment must be presented in the form of a claim to the notice agent, if any, as any other claim. The claim need not be supported by the affidavit of the claimant. If the claim is justly due and unsatisfied, it must be paid in due course in accordance with this chapter for the payment of claims. However, if the judgment is a lien on property classified within the definition of the included property in section 31 of this act, the property may be sold for the satisfaction of the judgment, and the officer making the sale shall account to the notice agent for any surplus.
NEW SECTION. Sec. 47. The personal claim of a Notice Agent, as a creditor of the decedent, must be authenticated by affidavit, and must be filed and presented for allowance to the superior court in the notice county. The allowance of the claim by the court is sufficient evidence of the correctness of the claim.
NEW SECTION. Sec. 48. In case the office of notice agent becomes vacant for any reason, including resignation, death, removal, or replacement, after notice by publication has been commenced as provided in section 32 of this act, the personal representative of the decedent or the successor notice agent shall publish notice of the vacancy and succession for two successive weeks in a legal newspaper published in the notice county. The time between the commencement of the vacancy and the publication by the successor notice agent or personal representative must be added to the time within which claims must be filed: (1) As fixed by the first published nonprobate notice to creditors; and (2) as extended in the case of actual notice under section 35 of this act, unless the time expired before the vacancy. Notice is not required if the period for filing claims has expired during the time that the former notice agent was qualified.
Sec. 49. RCW 11.56.050 and 1965 c 145 s 11.56.050 are each amended to read as follows:
If the court should determine that it is necessary to sell any or all of the real estate for the purposes mentioned in this title, then it may make and cause to be entered an order directing the personal representative to sell so much of the real estate as the court may determine necessary for the purposes aforesaid. Such order shall give a particular description of the property to be sold and the terms of such sale and shall provide whether such property shall be sold at public or private sale, or by negotiation. ((The court shall order sold that part of the real estate which is generally devised, rather than any part which may have been specifically devised, but the court may, if it appears necessary, sell any or all of the real estate so devised.)) After the giving of such order it shall be the duty of the personal representative to sell such real estate in accordance with the order of the court and as in this title provided with reference to the public or private sales of real estate.
Sec. 50. RCW 11.68.010 and 1977 ex.s. c 234 s 18 are each amended to read as follows:
Subject to the provisions of this chapter, if the estate of a decedent, who died either testate or intestate, is solvent taking into account both probate and nonprobate assets of the decedent, and if the personal representative is other than a creditor of the decedent not designated as personal representative in the decedent's will, such estate shall be managed and settled without the intervention of the court; the fact of solvency shall be established by the entry of an order of solvency. An order of solvency may be entered at the time of the appointment of the personal representative or at any time thereafter where it appears to the court by the petition of the personal representative, or the inventory filed, and/or other proof submitted, that the estate of the decedent is solvent, and that notice of the application for an order of solvency has been given to those persons entitled thereto when required by RCW 11.68.040 as now or hereafter amended.
Sec. 51. RCW 11.96.009 and 1985 c 31 s 2 are each amended to read as follows:
(1) The superior court shall have original subject-matter jurisdiction over ((probates in the following instances)) the probate of wills and the administration of estates of incapacitated, missing, and deceased individuals in all instances, including without limitation:
(a) When a resident of the state dies; or
(b) When a nonresident of the state dies in the state; or
(c) When a nonresident of the state dies outside the state.
(2) The superior court shall have original subject-matter jurisdiction over trusts and ((trust)) matters relating to trusts.
(3) The superior courts in the exercise of their jurisdiction of matters of ((probate and)) trusts and estates shall have the power to probate or refuse to probate wills, appoint personal representatives ((of deceased, incompetent, or disabled persons and)), administer and settle ((all such estates, and)) the affairs and the estates of incapacitated, missing, or deceased individuals including but not limited to decedents' estates only containing nonprobate assets, administer and settle matters that relate to nonprobate assets and arise under chapter 11.-- (section 19 of this act) or 11.-- RCW (sections 31 through 48 of this act), administer and settle all trusts and trust matters, award processes and cause to come before them all persons whom they may deem it necessary to examine, and order and cause to be issued all such writs as may be proper or necessary, and do all things proper or incident to the exercise of such jurisdiction.
Sec. 52. RCW 11.96.020 and 1985 c 31 s 3 are each amended to read as follows:
It is the intention of ((this title)) the legislature that the courts ((mentioned)) shall have full and ample power and authority under this title to:
(1) Administer and settle ((all estates of decedents and incompetent and disabled persons in this title mentioned and to)) the affairs and the estates of all incapacitated, missing, and deceased persons in accordance with this title;
(2) Administer and settle all trusts and trust matters; and
(3) Administer and settle matters arising with respect to nonprobate assets under chapters 11.-- (section 19 of this act) and 11.-- RCW (sections 31 through 48 of this act).
If the provisions of this title with reference to the administration and settlement of such ((estates or trusts)) matters should in any cases and under any circumstances be inapplicable ((or)), insufficient, or doubtful, the court shall nevertheless have full power and authority to proceed with such administration and settlement in any manner and way which to the court seems right and proper, all to the end that such ((estates or trusts may be by the court administered upon and settled)) matters may be administered and settled by the court.
Sec. 53. RCW 11.96.050 and 1985 c 31 s 6 are each amended to read as follows:
For purposes of venue in proceedings involving: The probate of wills; the administration and disposition of estates of incapacitated, missing, or deceased individuals, including but not limited to estates only containing nonprobate assets; or trusts and trust matters, the following shall apply:
(1) Proceedings under Title 11 RCW pertaining to trusts shall be commenced ((either)):
(a) In the superior court of the county in which the situs of the trust is located as provided in RCW 11.96.040; or
(b) ((In the superior court of the county in which a trustee resides or has its principal place of business; or
(c))) With respect to testamentary trusts, in the superior court of the county where letters testamentary were granted to a personal representative((, and in the absence of)) or, where no such letters have been granted to a personal representative, then in any county where letters testamentary could have been granted in accordance with subsection (2) of this section.
(2) Wills shall be proven, letters testamentary or of administration granted, and other proceedings pertaining to the probate of wills, the administration and disposition of estates including but not limited to estates containing only nonprobate assets under Title 11 RCW ((pertaining to probate)) shall be commenced((, either)):
(a) In the county in which the decedent was a resident at the time of death;
(b) In the county in which the decedent died, or in which any part of the estate may be, if the decedent was not a resident of this state; ((or))
(c) In the county in which any part of the estate may be, if the decedent ((having)) died out-of-state((,)) and was not ((having been)) a resident ((in)) of this state at the time of death; or
(d) In the county in which any nonprobate asset may be, if the decedent died out-of-state, was not a resident of this state at the time of death, and left no assets subject to probate administration in this state.
(3) No action undertaken is defective or invalid because of improper venue if the court has jurisdiction of the matter.
Sec. 54. RCW 11.96.060 and 1985 c 31 s 7 are each amended to read as follows:
(1) Any action against the trustee of an express trust, excluding those trusts excluded from the definition of express trusts under RCW 11.98.009, but including all express trusts, whenever executed, for any breach of fiduciary duty, must be brought within three years from the earlier of (a) the time the alleged breach was discovered or reasonably should have been discovered, (b) the discharge of a trustee from the trust as provided in RCW ((11.98.040)) 11.98.041, or (c) the time of termination of the trust or the trustee's repudiation of the trust.
(2) Any action by an heir, legatee, or other interested party, to whom proper notice was given if required, against a personal representative for alleged breach of fiduciary duty must be brought prior to discharge of the personal representative.
(3) The tolling provisions of RCW 4.16.190 apply to this chapter except that the running of any statute of limitations stated in subsection (1) or (2) of this section, or any other applicable statute of limitations for any matter that is the subject of dispute under chapter 11.96 RCW, is not tolled if the unascertained or unborn heir, beneficiary, or class of persons, or minor((, incompetent, or disabled)) or incapacitated person, or person identified in RCW 11.96.170(2) or 11.96.180 whose identity or address is unknown, had a guardian ad litem, limited or general guardian of the estate, or a special representative to represent the person during the probate or dispute resolution proceeding.
(((4) Notwithstanding subsections (2) and (3) of this section, any cause of action against a trustee of an express trust, as provided for in subsection (1) of this section is not barred by the statute of limitations if it is brought within three years from January 1, 1985. In addition, any action as specified in subsection (2) of this section against the personal representative is not barred by this statute of limitations if it is brought within one year of January 1, 1985.))
Sec. 55. RCW 11.96.070 and 1990 c 179 s 1 are each amended to read as follows:
((A trustor, grantor, personal representative, trustee, or other fiduciary, creditor, devisee, legatee, heir, or trust beneficiary interested in the administration of a trust, or the attorney general in the case of a charitable trust under RCW 11.110.120, or of the estate of a decedent, incompetent, or disabled person,)) (1) A person with an interest in or right respecting the administration, settlement, or disposition of an interest in a trust or in the estate of an incapacitated, missing, or deceased person may have a judicial proceeding for the declaration of rights or legal relations ((in respect to the trust or estate)) under this title including but not limited to the following:
(((1) To ascertain)) (a) The ascertaining of any class of creditors, devisees, legatees, heirs, next of kin, or others;
(((2) To direct)) (b) The ordering of the personal representatives or trustees to do or abstain from doing any particular act in their fiduciary capacity;
(((3) To determine)) (c) The determination of any question arising in the administration of the estate or trust, including without limitation questions of construction of wills and other writings;
(((4) To confer upon)) (d) The grant to the personal representatives or trustees of any necessary or desirable powers not otherwise granted in the instrument or given by law that the court determines are not inconsistent with the provisions or purposes of the will or trust;
(((5) To amend or conform)) (e) The modification of the will or the trust instrument in the manner required to qualify the gift thereunder for the charitable estate tax deduction permitted by federal law, including the addition of mandatory governing instrument requirements for a charitable remainder trust as required by final regulations and rulings of the United States internal revenue service, in any case in which all parties interested in the trust have submitted written agreements to the proposed changes or written disclaimer of interest; ((or
(6) To amend or conform)) (f) The modification of the will or the trust instrument in the manner required to qualify any gift thereunder for the benefit of a surviving spouse who is not a citizen of the United States for the estate tax marital deduction permitted by federal law, including the addition of mandatory governing instrument requirements for a qualified domestic trust under section 2056A of the internal revenue code as required by final regulations and rulings of the United States treasury department or internal revenue service, in any case in which all parties interested in the trust have submitted written agreements to the proposed changes or written disclaimer of interest; ((or
(7) To resolve any other matter in this title referencing this judicial proceedings section.)) (g) The determination of the persons entitled to notice under RCW 11.96.100 and 11.96.110 for the purposes of any judicial proceeding under this subsection (1) and for the purposes of an agreement under RCW 11.96.170; or
(h) The resolution of any other matter that arises under this title and references this section.
(2) Any person with an interest in or right respecting the administration of a nonprobate asset under this title may have a judicial proceeding for the declaration of rights or legal relations under this title with respect to the nonprobate asset, including without limitation the following:
(a) The ascertaining of any class of creditors or others for purposes of chapter 11.-- (section 19 of this act) or 11.-- RCW (sections 31 through 48 of this act);
(b) The ordering of a qualified person, the notice agent, or resident agent, as those terms are defined in chapter 11.-- RCW (sections 31 through 48 of this act), or any combination of them, to do or abstain from doing any particular act with respect to a nonprobate asset;
(c) The ordering of a custodian of any of the decedent's records relating to a nonprobate asset to do or abstain from doing any particular act with respect to those records;
(d) The determination of any question arising in the administration under chapter 11.-- (section 19 of this act) or 11.-- RCW (sections 31 through 48 of this act) of a nonprobate asset;
(e) The determination of the persons entitled to notice under RCW 11.96.100 and 11.96.110 for the purposes of any judicial proceeding under this subsection (2) and for the purposes of an agreement under RCW 11.96.170; and
(f) The determination of any questions relating to the abatement, rights of creditors, or other matter relating to the administration, settlement, or final disposition of a nonprobate asset under this title.
(3) The provisions of this chapter apply to disputes arising in connection with estates of ((incompetents or disabled)) incapacitated persons unless otherwise covered by chapters 11.88 and 11.92 RCW. The provisions of this chapter shall not supersede the otherwise applicable provisions and procedures of chapter 11.24, 11.28, 11.40, 11.52, 11.56, or 11.60 RCW with respect to any rights or legal obligations that are subject to those chapters.
(4) For the purposes of this section, "a person with an interest in or right respecting the administration, settlement, or disposition of an interest in a trust or in the estate of an incapacitated, missing, or deceased person" includes but is not limited to:
(a) The trustor if living, trustee, beneficiary, or creditor of a trust and, for a charitable trust, the attorney general if acting within the powers granted under RCW 11.110.120;
(b) The personal representative, heir, devisee, legatee, and creditor of an estate;
(c) The guardian, guardian ad litem, and ward of a guardianship, and a creditor of an estate subject to a guardianship; and
(d) Any other person with standing to sue with respect to any of the matters for which judicial proceedings are authorized in subsection (1) of this section.
(5) For the purposes of this section, "any person with an interest in or right respecting the administration of a nonprobate asset under this title" includes but is not limited to:
(a) The notice agent, the resident agent, or a qualified person, as those terms are defined in chapter 11.-- RCW (sections 31 through 48 of this act);
(b) The recipient of the nonprobate asset with respect to any matter arising under this title;
(c) Any other person with standing to sue with respect to any matter for which judicial proceedings are authorized in subsection (2) of this section; and
(d) The legal representatives of any of the persons named in this subsection.
Sec. 56. RCW 11.96.080 and 1985 c 31 s 9 are each amended to read as follows:
Unless rules of court or a provision of this title requires otherwise, a judicial proceeding under RCW 11.96.070 may be commenced by petition. The court shall make an order fixing the time and place for hearing the petition. The court shall approve the form and content of the notice. Notice of hearing shall be signed by the clerk of the court.
Sec. 57. RCW 11.96.090 and 1985 c 31 s 10 are each amended to read as follows:
The clerk of each of the superior courts is authorized to fix the time of hearing of all applications, petitions and reports in probate and guardianship proceedings, except the time for hearings upon show cause orders and citations and except for the time of hearings set under RCW 11.96.080. The authority ((herein)) granted in this section is in addition to the authority vested in the superior courts and superior court commissioners.
Sec. 58. RCW 11.96.100 and 1985 c 31 s 11 are each amended to read as follows:
(1) Subject to RCW 11.96.110, in all judicial proceedings under Title 11 RCW that require notice, such notice shall be personally served ((or mailed to each trustee, personal representative, heir, beneficiary including devisees, legatees, and heirs, guardian ad litem, and person having an interest in the trust or estate whose name and address are known to the petitioner)) on or mailed to all parties to the dispute at least twenty days prior to the hearing on the petition((,)) unless ((otherwise)) a different period is provided by statute or ordered by the court under RCW 11.96.080.
(2) Proof of ((such)) the service or mailing required in this section shall be made by affidavit filed at or before the hearing.
((In addition, notice shall also be given to)) (3) For the purposes of this section:
(a) When used in connection with a judicial proceeding under RCW 11.96.070(1), "parties to the dispute" means each:
(i) Trustor if living;
(ii) Trustee;
(iii) Personal representative;
(iv) Heir;
(v) Beneficiary including devisees, legatees, and trust beneficiaries;
(vi) Guardian ad litem; or
(vii) Other person
who has an interest in the subject of the particular proceeding and whose name and address are known to, or are reasonably ascertainable by, the petitioner, and also includes the attorney general if required under RCW 11.110.120.
(b) When used in connection with a judicial proceeding under RCW 11.96.070(2), "parties to the dispute" means each notice agent, if any, or other person, who has an interest in the subject of the particular proceeding and whose name and address are known to, or are reasonably ascertainable by, the petitioner, and also includes the personal representatives of the estate of the owner of the nonprobate asset that is the subject of the particular proceeding, if the subject of the particular proceeding relates to the beneficiary's liability to a decedent's estate or creditors under section 19 of this act.
(c) "Notice agent" has the meanings given in section 31 of this act.
Sec. 59. RCW 11.96.110 and 1985 c 31 s 12 are each amended to read as follows:
Notwithstanding provisions of this chapter to the contrary, there is compliance with the ((notice)) requirements of Title 11 RCW for notice to the beneficiaries of, ((or)) and other persons interested in, an estate ((or)), a trust, or ((to beneficiaries or remaindermen)) a nonprobate asset, including without limitation all living persons who may participate in the corpus or income of the trust or estate, if notice is given as follows:
(1) If an interest in an estate ((or)), trust, or nonprobate asset has been given to persons who compose a certain class upon the happening of a certain event, notice shall be given to the living persons who would constitute the class if the event had happened immediately before the commencement of the proceeding requiring notice.
(2) If an interest in an estate ((or)), trust, or nonprobate asset has been given to a living person, and the same interest, or a share in it, is to pass to the surviving spouse or to persons who are, or may be, the distributees, heirs, issue, or other kindred of that living person upon the happening of a future event, notice shall be given to that living person.
(3) Except as otherwise provided in subsection (2) of this section, if an interest in an estate ((or)), trust, or nonprobate asset has been given to a person, a class of persons, or both upon the happening of any future event, and the same interest or a share of such interest is to pass to another person, class of persons, or both, upon the happening of an additional future event, notice shall be given to the living person or persons who would take the interest upon the happening of the first event.
(4) Notice shall be given to persons who would not otherwise be entitled to notice by law if a conflict of interest involving the subject matter of the ((trust or estate)) proceeding relating to an estate, trust, or nonprobate asset is known to exist between a person to whom notice is given and a person to whom notice need not be given under Title 11 RCW.
Any action taken by the court is conclusive and binding upon each person receiving actual or constructive notice in the manner provided in this section.
Sec. 60. RCW 11.96.130 and 1985 c 31 s 14 are each amended to read as follows:
All issues of fact ((joined in probate or trust proceedings)) in any judicial proceeding under this title shall be tried in conformity with the requirements of the rules of practice in civil actions((. The probate or trust)), except as otherwise provided by statute or ordered by the court under RCW 11.96.030 or other applicable law or rules of court. The judicial proceeding may be commenced as a new action or as an action incidental to an existing ((probate or trust)) judicial proceeding relating to the same trust or estate or nonprobate asset. Once commenced, the action may be consolidated with an existing ((probate or trust)) proceeding or converted to a separate action upon the motion of any party for good cause shown, or by the court on its own motion. If a party is entitled to a trial by jury and a jury is demanded, and the issues are not sufficiently made up by the written pleadings on file, the court, on due notice, shall settle and frame the issues to be tried. If no jury is demanded, the court shall try the issues ((joined)), and sign and file its findings and decision in writing, as provided for in civil actions. Judgment on the ((issue joined)) issues, as well as for costs, may be entered and enforced by execution or otherwise by the court as in civil actions.
Sec. 61. RCW 11.96.140 and 1985 c 31 s 15 are each amended to read as follows:
Either the superior court or the court on appeal, may, in its discretion, order costs, including ((attorneys)) attorneys' fees, to be paid by any party to the proceedings or out of the assets of the estate or trust or nonprobate asset, as justice may require.
Sec. 62. RCW 11.96.160 and 1988 c 202 s 19 are each amended to read as follows:
Any interested party may seek appellate review of any final order, judgment, or decree of the court((, and such)) respecting any judicial proceedings under this title. The review shall be in the manner and way provided by law for appeals in civil actions.
Sec. 63. RCW 11.96.170 and 1988 c 29 s 7 are each amended to read as follows:
(1) If((, as to the)) all required parties to the dispute agree as to a matter in dispute, the ((trustor, grantor, all parties beneficially interested in the estate or trust with respect to such matter, and any current fiduciary of such estate or trust, who are also included in RCW 11.96.070 and who are entitled to notice under RCW 11.96.100 and 11.96.110 agree on any matter listed in RCW 11.96.070 or any other matter in Title 11 RCW referencing this nonjudicial resolution procedure, then the)) agreement shall be evidenced by a written agreement executed by all ((necessary persons as provided in this section)) required parties to the dispute. Those persons may reach an agreement concerning a matter in RCW 11.96.070(((4))) (1)(d) as long as those persons, rather than the court, determine that the powers to be conferred are not inconsistent with the provisions or purposes of the will or trust.
(2) If necessary, ((the personal representative or trustee)) any one or more of the required parties to the dispute may petition the court for the appointment of a special representative to represent a ((person interested in the estate or trust who is a minor, incompetent, disabled, or)) required party to the dispute who is incapacitated by reason of being a minor or otherwise, who is yet unborn or unascertained, or ((a person)) whose identity or address is unknown. The special representative has authority to enter into a binding agreement under this section on behalf of the person or beneficiary. The special representative may be appointed for more than one person or class of persons if the interests of such persons or ((class)) classes are not in conflict. Those entitled to receive notice for persons or beneficiaries described in RCW 11.96.110 may enter into a binding agreement on behalf of such persons or beneficiaries.
(3) The special representative shall be a lawyer licensed to practice before the courts of this state or an individual with special skill or training in the administration of estates ((or)), trusts, or nonprobate assets, as applicable. The special representative shall have no interest in any affected estate ((or)), trust, or nonprobate asset, and shall not be related to any personal representative, trustee, beneficiary, or other person interested in the estate ((or)), trust, or nonprobate asset. The special representative is entitled to reasonable compensation for services ((which)) and, if applicable, that compensation shall be paid from the principal of the estate ((or)), trust, or nonprobate asset whose beneficiaries are represented. Upon execution of the written agreement, the special representative shall be discharged of any further responsibility with respect to the estate ((or)), trust, or nonprobate asset.
(4) The written agreement or a memorandum summarizing the provisions of the written agreement may, at the option of any ((person interested in the estate or trust)) of the required parties to the dispute, be filed with the court having jurisdiction over the estate ((or)), trust, nonprobate asset, or other matter affected by the agreement. The person filing the agreement or memorandum shall, within five days ((thereof)) after the agreement or memorandum is filed with the court, mail a copy of the agreement, the summarizing memorandum if one was filed with the court, and a notice of the filing to each ((person interested in the estate or trust)) of the required parties to the dispute whose address is known or is reasonably ascertainable by the person. Notice shall be in substantially the following form:
CAPTION NOTICE OF FILING OF
OF CASE AGREEMENT OR
MEMORANDUM
OF AGREEMENT
Notice is hereby given that the attached document was filed by the undersigned in the above entitled court on the . . . . . . day of . . . . . ., ((19. .)) . . . . . Unless you file a petition objecting to the agreement within 30 days of the above specified date the agreement will be deemed approved and will be equivalent to a final order binding on all persons interested in the ((estate or trust)) subject of the agreement.
If you file and serve a petition within the period specified, you should ask the court to fix a time and place for the hearing on the petition and provide for at least ((a)) ten days' notice to all persons interested in the ((estate or trust)) subject of the agreement.
DATED this . . . . . . day of . . . . . ., ((19. .)) . . . . .. . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(((Party to the agreement)) Name of person filing the agreement or memorandum with the court)
(5) Unless a ((person interested in the estate or trust)) required party to the dispute files a petition objecting to the agreement within thirty days ((of)) after the filing of the agreement or the memorandum, the agreement will be deemed approved and will be equivalent to a final order binding on all ((persons interested in the estate or trust. If all persons interested in the estate or trust)) parties to the dispute. If all required parties to the dispute waive the notice required by this section, the agreement will be deemed approved and will be equivalent to a final order binding on all such persons ((interested in the estate or trust)) effective upon the date of filing.
(6) For the purposes of this section:
(a) "Matter in dispute" includes without limitation any matter listed in RCW 11.96.070 or any other matter in this title referencing this nonjudicial resolution procedure;
(b) "Parties to the dispute" has the meaning given to that term in RCW 11.96.100(3) (a) and (b), as applicable;
(c) "Required parties to the dispute" means those parties to the dispute who are entitled to notice under RCW 11.96.100 and 11.96.110, and, when used in the singular, means any one of the required parties to the dispute; and
(d) "Estate" includes the estate of a deceased, missing, or incapacitated person.
Sec. 64. RCW 11.96.180 and 1985 c 31 s 19 are each amended to read as follows:
(1) The court, upon its own motion or on request of ((a person interested in the trust or estate)) any one or more of the required parties to the dispute as that term is defined in RCW 11.96.170(6)(c), at any stage of a judicial proceeding or at any time in a nonjudicial resolution procedure, may appoint a guardian ad litem to represent the interests of a minor, incapacitated, unborn, or unascertained person, or person whose identity ((and)) or address ((are)) is unknown, or a designated class of persons who are not ascertained or are not in being. When not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several persons or interests.
(2) ((For the purposes of this section, a trustee is a person interested in the trust and a personal representative is a person interested in an estate.
(3))) The court-appointed guardian ad litem supersedes the special representative if so provided in the court order.
(((4))) (3) The court may appoint the guardian ad litem at an ex parte hearing, or the court may order a hearing as provided in RCW 11.96.070 with notice as provided in RCW 11.96.080, 11.96.100, and 11.96.110.
Sec. 65. RCW 11.100.035 and 1989 c 97 s 1 are each amended to read as follows:
(1) Within the standards of judgment and care established by law, and subject to any express provisions or limitations contained in any particular trust instrument, guardians, trustees and other fiduciaries, whether individual or corporate, are authorized to acquire and retain securities of any open-end or closed-end management type investment company or investment trust registered under the federal investment company act of 1940 as now or hereafter amended.
(2) Within the limitations of subsection (1) of this section, whenever the trust instrument directs, requires, authorizes, or permits investment in obligations of the United States government, the trustee may invest in and hold such obligations either directly or in the form of securities of, or other interests in, an open-end or closed-end management type investment company or investment trust registered under the federal investment company act of 1940, as now or hereafter amended, if both of the following conditions are met:
(a) The portfolio of the investment company or investment trust is limited to obligations of the United States and to repurchase agreements fully collateralized by such obligations; and
(b) The investment company or investment trust takes delivery of the collateral for any repurchase agreement either directly or through an authorized custodian.
(3) If the fiduciary is a bank or trust company, then the fact that the fiduciary, or an affiliate of the fiduciary, provides services to the investment company or investment trust such as that of an investment advisor, custodian, transfer agent, registrar, sponsor, distributor, manager, or otherwise, and is receiving reasonable compensation for those services does not preclude the bank or trust company from investing or reinvesting in the securities of the open-end or closed-end management investment company or investment trust. The fiduciary shall furnish a copy of the prospectus relating to the securities to each person to whom a regular periodic accounting would ordinarily be rendered under the trust instrument or under RCW 11.106.020, upon the request of that person. The restrictions set forth under RCW 11.100.090 may not be construed as prohibiting the fiduciary powers granted under this section.
Sec. 66. RCW 82.32.240 and 1988 c 64 s 21 are each amended to read as follows:
Any tax due and unpaid and all increases and penalties thereon, shall constitute a debt to the state and may be collected by court proceedings in the same manner as any other debt in like amount, which remedy shall be in addition to any and all other existing remedies.
In all cases of probate, insolvency, assignment for the benefit of creditors, or bankruptcy, involving any taxpayer who is, or decedent who was, engaging in business, the claim of the state for said taxes and all increases and penalties thereon shall be a lien upon all real and personal property of the taxpayer, and the mere existence of such cases or conditions shall be sufficient to create such lien without any prior or subsequent action by the state, and in all such cases it shall be the duty of all administrators, executors, guardians, receivers, trustees in bankruptcy or assignees for the benefit of creditors, to notify the department of revenue of such administration, receivership or assignment within sixty days from the date of their appointment and qualification.
The lien provided for by this section shall attach as of the date of the assignment for the benefit of creditors or of the initiation of the probate, insolvency, or bankruptcy proceedings: PROVIDED, That this sentence shall not be construed as affecting the validity or priority of any earlier lien that may have attached previously in favor of the state under any other section of this title.
Any administrator, executor, guardian, receiver or assignee for the benefit of creditors not giving the notification as provided for above shall become personally liable for payment of the taxes and all increases and penalties thereon to the extent of the value of the property subject to administration that otherwise would have been available for the payment of such taxes, increases, and penalties by the administrator, executor, guardian, receiver, or assignee.
As used in this section, "probate" includes the nonprobate claim settlement procedure under chapter 11.-- RCW (sections 31 through 48 of this act), and "executor" and "administrator" includes any notice agent acting under chapter 11.-- RCW (sections 31 through 48 of this act).
NEW SECTION. Sec. 67. The following acts or parts of acts are each repealed:
(1) RCW 11.12.050 and 1965 c 145 s 11.12.050;
(2) RCW 11.12.090 and 1965 c 145 s 11.12.090;
(3) RCW 11.12.130 and 1965 c 145 s 11.12.130;
(4) RCW 11.12.140 and 1965 c 145 s 11.12.140;
(5) RCW 11.12.150 and 1965 c 145 s 11.12.150.
(6) RCW 11.12.200 and 1965 c 145 s 11.12.200;
(7) RCW 11.12.210 and 1965 c 145 s 11.12.210;
(8) RCW 11.56.015 and 1965 c 145 s 11.56.015;
(9) RCW 11.56.140 and 1965 c 145 s 11.56.140;
(10) RCW 11.56.150 and 1965 c 145 s 11.56.150;
(11) RCW 11.56.160 and 1965 c 145 s 11.56.160; and
(12) RCW 11.56.170 and 1965 c 145 s 11.56.170.
NEW SECTION. Sec. 68. (1) Sections 4 through 8 of this act shall constitute a new chapter in Title 11 RCW.
(2) Section 19 of this act shall constitute a new chapter in Title 11 RCW.
(3) Sections 31 through 48 of this act shall constitute a new chapter in Title 11 RCW.
NEW SECTION. Sec. 69. This act shall take effect January 1, 1995."
On page 1, line 1 of the title, after "matters;" strike the remainder of the title and insert "amending RCW 11.02.005, 11.07.010, 11.08.170, 11.12.040, 11.12.080, 11.12.110, 11.12.120, 11.12.160, 11.12.180, 11.20.070, 11.24.010, 11.24.040, 11.28.120, 11.28.237, 11.40.010, 11.40.013, 11.40.015, 11.40.040, 11.40.080, 11.48.010, 11.56.050, 11.68.010, 11.96.009, 11.96.020, 11.96.050, 11.96.060, 11.96.070, 11.96.080, 11.96.090, 11.96.100, 11.96.110, 11.96.130, 11.96.140, 11.96.160, 11.96.170, 11.96.180, 11.100.035, and 82.32.240; adding new sections to chapter 11.12 RCW; adding new chapters to Title 11 RCW; repealing RCW 11.12.050, 11.12.090, 11.12.130, 11.12.140, 11.12.150, 11.12.200, 11.12.210, 11.56.015, 11.56.140, 11.56.150, 11.56.160, and 11.56.170; and providing an effective date."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Johanson moved that the House not concur in the Senate amendments to Substitute House Bill No. 2270 and ask the Senate for a conference thereon. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives Johanson, Eide and Padden as Conferees on Substitute House Bill No. 2270.
SENATE AMENDMENTS TO HOUSE BILL
March 4, 1994
Mr. Speaker:
The Senate has passed ENGROSSED HOUSE BILL NO. 2555 with the following amendments:
On page 3, line 11, after "board." insert the following:
"NEW SECTION. Sec. 1. The 1994 amendments to RCW 70.62.250, section 4, chapter ..., Laws of 1994 (this act), expire on June 30, 1997, unless specifically extended by the legislature by an act of law. The department of health shall report to the legislature by December 1, 1996, on the impact of these amendments on transient accommodation licensees in the state of Washington."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Heavey moved that the House concur in the Senate amendments to Engrossed House Bill No. 2555 and pass the bill as amended by the Senate. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 2555 as amended by the Senate.
Representatives Heavey and Lisk spoke in favor of passage of the bill.
MOTIONS
On motion of Representative J. Kohl, Representative Morris was excused.
On motion of Representative Wood, Representative Padden was excused.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2555, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, 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, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.
Excused: Representatives Morris, Padden and Riley - 3.
Engrossed House Bill No. 2555 as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 4, 1994
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 2558, with the following amendments:
On page 9, after line 29, delete subsection (1) and renumber the remaining subsections consecutively.
On page 1, line 7 of the title, after "80.08.105," delete "81.08.010,"
On page 2, beginning on line 30, after "indebtedness", delete ", or to create liens on its property situated within this state"
On page 2, line 32, delete "or creation"
On page 2, beginning on line 33, delete "or creation"
On page 2, line 37, delete "or creation"
On page 3, after line 2, insert the following new subsection:
"(4) Any public service company undertaking an issuance and making a filing in conformance with this section may at any time of such filing request the commission to enter a written order that such company has complied with the requirements of this section. The commission shall enter such written order after such company has provided all information and statements required by paragraphs (1), (2) and (3) of this section."
On page 6, beginning on line 34, after "indebtedness", delete ", or to create liens on its property situated within this state"
On page 6, line 36, delete "or creation"
On page 6, beginning on line 37, delete "or creation"
On page 7, line 3, delete "or creation"
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Zellinsky moved that the House concur in the Senate amendments to House Bill No. 2558 and pass the bill as amended by the Senate. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker stated the question before the House to be final passage of House Bill No. 2558 as amended by the Senate.
Representative Zellinsky spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2558, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
Voting yea: Representatives Anderson, 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, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.
Excused: Representatives Appelwick, Morris, Padden and Riley - 4.
House Bill No. 2558 as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 4, 1994
Mr. Speaker:
The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2626, with the following amendments:
On page 2, line 5, after "No" strike "person" and insert "contractor"
On page 2, line 9, after "permit." insert "For the purposes of this section, "contractor" means any person or body of persons, corporate or otherwise, engaged in any work covered by the provisions of this chapter, chapter 18.27 RCW, or chapter 19.28 RCW, by way of trade or business. However, in no case shall this section apply to a contractor who is contracting for work on his or her own residence."
On page 2, line 22, after "The" strike "employer of a person employed" and insert "contractor"
On page 2, line 24, after "The" strike "employer's supervisor" and insert "contractor's employee"
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Heavey moved that the House not concur in the Senate amendments to Engrossed Substitute House Bill No. 2626 and ask the Senate to recede therefrom. The motion was carried.
MESSAGE FROM THE SENATE
March 7, 1994
Mr. Speaker:
The Senate receded from its amendments to SUBSTITUTE HOUSE BILL NO. 2226, and passed the bill without said amendments,
and the same is herewith transmitted.
Marty Brown, Secretary
MESSAGE FROM THE SENATE
March 7, 1994
Mr. Speaker:
The Senate receded from its amendments to HOUSE BILL NO. 2593, and passed the bill without said amendments,
and the same is herewith transmitted.
Marty Brown, Secretary
MESSAGE FROM THE SENATE
March 7, 1994
Mr. Speaker:
The Senate receded from its amendments to HOUSE BILL NO. 2601, and passed the bill without said amendments,
and the same is herewith transmitted.
Marty Brown, Secretary
SENATE AMENDMENTS TO HOUSE BILL
March 1, 1994
Mr. Speaker:
The Senate has passed SECOND SUBSTITUTE HOUSE BILL NO. 1009, with the following amendments:
On page 1, line 9, after "property," insert "however named, including consensual commercial lien, common law lien, commercial contractual lien, or demand for performance of public office lien,"
On page 1, line 10, after "60," insert "other than chapter 60.70 RCW,"
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Johanson moved that the House concur in the Senate amendments to Second Substitute House Bill No. 1009 and pass the bill as amended by the Senate. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker stated the question before the House to be final passage of Second Substitute House Bill No. 1009 as amended by the Senate.
Representative Johanson spoke in favor of passage of the bill.
MOTION
On motion of Representative J. Kohl, Representative Mastin was excused.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 1009, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 92, Nays - 0, Absent - 1, Excused - 5.
Voting yea: Representatives Anderson, 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, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, McMorris, Meyers, R., Mielke, Moak, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 92.
Absent: Representative Foreman - 1.
Excused: Representatives Appelwick, Mastin, Morris, Padden and Riley - 5.
Second Substitute House Bill No. 1009 as amended by the Senate, having received the constitutional majority, was declared passed.
STATEMENT FOR THE JOURNAL
I was present on the floor and I voted Yea, for Second Substitute House Bill No. 1009 as amended by the Senate, although the Speaker must have turned off the electronic roll call machine before I pushed the button.
Dale Foreman, 12th District
The Speaker called upon Representative R. Meyers to preside.
SENATE AMENDMENTS TO HOUSE BILL
March 2, 1994
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 2529, with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 26.33.350 and 1991 c 136 s 4 are each amended to read as follows:
(1) Every person, firm, society, association, ((or)) corporation, or state agency receiving, securing a home for, or otherwise caring for a minor child shall transmit to the prospective adopting parent prior to placement and shall make available to all persons with whom a child has been placed by adoption a complete medical report containing all known and available information concerning the mental, physical, and sensory handicaps of the child.
(2) The report shall not reveal the identity of the ((natural)) birth parent of the child except as authorized under this chapter but shall include any known or available mental or physical health history of the ((natural)) birth parent that needs to be known by the adoptive parent to facilitate proper health care for the child or that will assist the adoptive parent in maximizing the developmental potential of the child.
(((2))) (3) Where known or available, the information provided shall include:
(a) A review of the birth family's and the child's previous medical history, ((if available,)) including the child's x-rays, examinations, hospitalizations, and immunizations. After July 1, 1992, medical histories shall be given on a standardized reporting form developed by the department;
(b) A physical exam of the child by a licensed physician with appropriate laboratory tests and x-rays;
(c) A referral to a specialist if indicated; and
(d) A written copy of the evaluation with recommendations to the adoptive family receiving the report.
(4) Entities and persons obligated to provide information under this section shall make reasonable efforts to locate records and information concerning the child's mental, physical, and sensory handicaps. The entities or persons providing the information have no duty, beyond providing the information, to explain or interpret the records or information regarding the child's present or future health.
Sec. 2. RCW 26.33.380 and 1993 c 81 s 4 are each amended to read as follows:
(1) Every person, firm, society, association, ((or)) corporation, or state agency receiving, securing a home for, or otherwise caring for a minor child shall transmit to the prospective adopting parent prior to placement and shall make available to all persons with whom a child has been placed by adoption, a family background and child and family social history report, which includes a chronological history of the circumstances surrounding the adoptive placement and any available psychiatric reports, psychological reports, court reports pertaining to dependency or custody, or school reports. Such reports or information shall not reveal the identity of the birth parents of the child but shall contain reasonably available nonidentifying information.
(2) Entities and persons obligated to provide information under this section shall make reasonable efforts to locate records and information concerning the child's family background and social history. The entities or persons providing the information have no duty, beyond providing the information, to explain or interpret the records or information regarding the child's mental or physical health.
NEW SECTION. Sec. 3. A new section is added to chapter 26.33 RCW to read as follows:
The department shall adopt rules, in consultation with affected parties, establishing minimum standards for making reasonable efforts to locate records and information relating to adoptions as required under RCW 26.33.350 and 26.33.380."
On page 1, line 1 of the title, after "adoption;" strike the remainder of the title and insert "amending RCW 26.33.350 and 26.33.380; and adding a new section to chapter 26.33 RCW."
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Johanson moved that the House concur in the Senate amendments to Substitute House Bill No. 2529 and pass the bill as amended by the Senate. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 2529 as amended by the Senate.
Representative Karahalios spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2529, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.
Voting yea: Representatives Anderson, 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, Leonard, Linville, Lisk, Long, McMorris, Meyers, R., Mielke, Moak, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 93.
Excused: Representatives Appelwick, Mastin, Morris, Padden and Riley - 5.
Substitute House Bill No. 2529 as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 3, 1994
Mr. Speaker:
The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2644, with the following amendments:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that:
(1) Whenever employer or member contributions are not made at the time service is rendered, the state retirement system trust funds lose investment income which is a major source of pension funding. The department of retirement systems has broad authority to charge interest to compensate for the loss to the trust funds, subject only to explicit statutory provisions to the contrary.
(2) The inherent authority of the department to recover all overpayments and unauthorized payments from the retirement trust funds, for the benefit of members and taxpayers, should be established clearly in statute.
NEW SECTION. Sec. 2. A new section is added to chapter 41.50 RCW to read as follows:
The department may charge interest, as determined by the director, on member or employer contributions owing to any of the retirement systems listed in RCW 41.50.030. The department's authority to charge interest shall extend to all optional and mandatory billings for contributions where member or employer contributions are paid other than immediately after service is rendered. Except as explicitly limited by statute, the director may delay the imposition of interest charges on late contributions under this section if the delay is necessary to implement required changes in the department's accounting and information systems.
Sec. 3. RCW 41.50.130 and 1987 c 490 s 1 are each amended to read as follows:
(1) The director may at any time correct errors appearing in the records of the retirement systems listed in RCW 41.50.030. Should any error in such records result in any member ((or)), beneficiary, or other person or entity receiving more or less than he or she would have been entitled to had the records been correct, the director, subject to the conditions set forth in this section, shall adjust the payment in such a manner that the benefit to which such member ((or)), beneficiary, or other person or entity was correctly entitled shall be paid in accordance with the following:
(a) In the case of underpayments to a member or beneficiary, the retirement system shall correct all future payments from the point of error detection, and shall compute the additional payment due for the allowable prior period which shall be paid in a lump sum by the appropriate retirement system.
(b) In the case of overpayments to a member or beneficiary, the retirement system shall adjust the payment in such a manner that the benefit to which such member or beneficiary was correctly entitled shall be reduced by an amount equal to the actuarial equivalent of the amount of overpayment. Alternatively the member shall have the option of repaying the overpayment in a lump sum within ninety days of notification and receive the proper benefit in the future. In the case of overpayments to a member ((or)), beneficiary, or other person or entity resulting from actual fraud on the part of the member ((or)), beneficiary, or other person or entity, the benefits shall be adjusted to reflect the full amount of such overpayment, plus interest at the ((maximum rate allowed under RCW 19.52.020(1) as it was in effect the first month the overpayment occurred)) rate of one percent per month on the outstanding balance.
(c) In the case of overpayments to a person or entity other than a member or beneficiary, the overpayment shall constitute a debt from the person or entity to the department, recovery of which shall not be barred by laches or statute of limitations.
(2) Except in the case of actual fraud, in the case of overpayments to a member or beneficiary, the benefits shall be adjusted to reflect only the amount of overpayments made within three years of discovery of the error, notwithstanding any provision to the contrary in chapter 4.16 RCW.
(3)(a) The employer shall elicit on a written form from all new employees as to their having been retired from a retirement system listed in RCW 41.50.030.
(b) In the case of overpayments which result from the failure of an employer to report properly to the department the employment of a retiree from information received in subparagraph (a), the employer shall, upon receipt of a billing from the department, pay into the appropriate retirement system the amount of the overpayment plus interest as determined by the director. However, except in the case of actual employer fraud, the overpayments charged to the employer under this subsection shall not exceed five thousand dollars for each year of overpayments received by a retiree. The retiree's benefits upon reretirement shall not be reduced because of such overpayment except as necessary to recapture contributions required for periods of employment.
(c) The provision of this subsection regarding the reduction of retirees' benefits shall apply to recovery actions commenced on or after January 1, 1986, even though the overpayments resulting from retiree employment were discovered by the department prior to that date. The provisions of this subsection regarding the billing of employers for overpayments shall apply to overpayments made after January 1, 1986.
(4) Except in the case of actual fraud, no monthly benefit shall be reduced by more than fifty percent of the member's or beneficiary's corrected benefit. Any overpayment not recovered due to the inability to actuarially reduce a member's benefit due to: (a) The provisions of this subsection; or (b) the fact that the retiree's monthly retirement allowance is less than the monthly payment required to effectuate an actuarial reduction, shall constitute a claim against the estate of a member, beneficiary, or other person or entity in receipt of an overpayment.
(5) Except as provided in subsection (2) of this section, obligations of employers or members until paid to the department shall constitute a debt from the employer or member to the department, recovery of which shall not be barred by laches or statutes of limitation.
NEW SECTION. Sec. 4. A new section is added to chapter 41.50 RCW to read as follows:
(1) If a person receives a withdrawal of accumulated contributions from any of the retirement systems listed in RCW 41.50.030 in contravention of the restrictions on withdrawal for the particular system, the member shall no longer be entitled to credit for the period of service represented by the withdrawn contributions. The erroneous withdrawal shall be treated as an authorized withdrawal, subject to all conditions imposed by the member's system for restoration of withdrawn contributions. Failure to restore the contributions within the time permitted by the system shall constitute a waiver by the member of any right to receive a retirement allowance based upon the period of service represented by the withdrawn contributions.
(2) All erroneous withdrawals occurring prior to the effective date of this section shall be subject to the provisions of this section. The deadline for restoring the prior erroneous withdrawals shall be five years from the effective date of this section for members who are currently active members of a system.
Sec. 5. RCW 41.32.500 and 1991 c 35 s 57 are each amended to read as follows:
(1) Membership in the retirement system is terminated when a member retires for service or disability, dies, or withdraws ((the)) his or her accumulated contributions ((or does not establish service credit with the retirement system for five consecutive years; however, a member may retain membership in the teachers' retirement system by leaving the accumulated contributions in the teachers' retirement fund under one of the following conditions:
(a) If he or she is eligible for retirement;
(b) If he or she is a member of another public retirement system in the state of Washington by reason of change in employment and has arranged to have membership extended during the period of such employment;
(c) If he or she is not eligible for retirement but has established five or more years of Washington membership service credit.))
The prior service certificate becomes void when a member dies((,)) or withdraws the accumulated contributions ((or does not establish service credit with the retirement system for five consecutive years)), and any prior administrative interpretation of the board of trustees, consistent with this section, is hereby ratified, affirmed and approved.
(2) ((Any member, except an elected official, who reentered service and who failed to restore withdrawn contributions, shall now have from April 4, 1986, through June 30, 1987, to restore the contributions, with interest as determined by the director.
(3))) Within the ninety days following the employee's resumption of employment, the employer shall notify the department of the resumption and the department shall then return to the employer a statement of the potential service credit to be restored, the amount of funds required for restoration, and the date when the restoration must be accomplished. The employee shall be given a copy of the statement and shall sign a copy of the statement which signed copy shall be placed in the employee's personnel file.
Sec. 6. RCW 41.32.510 and 1982 1st ex.s. c 52 s 15 are each amended to read as follows:
Should a member cease to be employed by an employer and request upon a form provided by the department a refund of the member's accumulated contributions with interest, this amount shall be paid to the individual less any withdrawal fee which may be assessed by the director which shall be deposited in the department of retirement systems expense fund. The amount withdrawn, together with interest as determined by the director must be paid if the member desires to reestablish the former service credits. ((Termination of employment with one employer for the specific purpose of accepting employment with another employer or termination with one employer and reemployment with the same employer, whether for the same school year or for the ensuing school year, shall not qualify a member for a refund of the member's accumulated contributions. A member who files an application for a refund of the member's accumulated contributions and subsequently enters into a contract for or resumes public school employment before a refund payment has been made shall not be eligible for such payment.)) A member who files a request for a refund and subsequently enters into employment with an employer prior to the refund being made shall not be eligible for a refund. For purposes of this section, a written or oral employment agreement shall be considered entering into employment.
Sec. 7. RCW 41.40.280 and 1991 c 35 s 86 are each amended to read as follows:
The department may, in its discretion, withhold payment of all or part of a member's contributions for not more than six months after a member has ceased to be an employee. ((Termination of employment with one employer for the purpose of accepting employment with another employer or termination with one employer and reemployment with the same employer within a period of thirty days shall not qualify a member for a refund of his or her accumulated contributions. In addition, a member who files an application for a refund of his or her accumulated contributions and subsequently becomes employed in an eligible position before the expiration of thirty days or before a refund payment has been made, shall not be eligible for the refund payment.)) A member who files a request for a refund and subsequently enters into employment with an employer prior to the refund being made shall not be eligible for a refund. For purposes of this section, a written or oral employment agreement shall be considered entering into employment.
Sec. 8. RCW 41.40.010 and 1993 c 95 s 8 are each amended to read as follows:
As used in this chapter, unless a different meaning is plainly required by the context:
(1) "Retirement system" means the public employees' retirement system provided for in this chapter.
(2) "Department" means the department of retirement systems created in chapter 41.50 RCW.
(3) "State treasurer" means the treasurer of the state of Washington.
(4)(a) "Employer" for plan I members, means every branch, department, agency, commission, board, and office of the state, any political subdivision or association of political subdivisions of the state admitted into the retirement system, and legal entities authorized by RCW 35.63.070 and 36.70.060 or chapter 39.34 RCW as now or hereafter amended; and the term shall also include any labor guild, association, or organization the membership of a local lodge or division of which is comprised of at least forty percent employees of an employer (other than such labor guild, association, or organization) within this chapter. The term may also include any city of the first class that has its own retirement system.
(b) "Employer" for plan II members, means every branch, department, agency, commission, board, and office of the state, and any political subdivision and municipal corporation of the state admitted into the retirement system, including public agencies created pursuant to RCW 35.63.070, 36.70.060, and 39.34.030.
(5) "Member" means any employee included in the membership of the retirement system, as provided for in RCW 41.40.023.
(6) "Original member" of this retirement system means:
(a) Any person who became a member of the system prior to April 1, 1949;
(b) Any person who becomes a member through the admission of an employer into the retirement system on and after April 1, 1949, and prior to April 1, 1951;
(c) Any person who first becomes a member by securing employment with an employer prior to April 1, 1951, provided the member has rendered at least one or more years of service to any employer prior to October 1, 1947;
(d) Any person who first becomes a member through the admission of an employer into the retirement system on or after April 1, 1951, provided, such person has been in the regular employ of the employer for at least six months of the twelve-month period preceding the said admission date;
(e) Any member who has restored all contributions that may have been withdrawn as provided by RCW 41.40.150 and who on the effective date of the individual's retirement becomes entitled to be credited with ten years or more of membership service except that the provisions relating to the minimum amount of retirement allowance for the member upon retirement at age seventy as found in RCW 41.40.190(4) shall not apply to the member;
(f) Any member who has been a contributor under the system for two or more years and who has restored all contributions that may have been withdrawn as provided by RCW 41.40.150 and who on the effective date of the individual's retirement has rendered five or more years of service for the state or any political subdivision prior to the time of the admission of the employer into the system; except that the provisions relating to the minimum amount of retirement allowance for the member upon retirement at age seventy as found in RCW 41.40.190(4) shall not apply to the member.
(7) "New member" means a person who becomes a member on or after April 1, 1949, except as otherwise provided in this section.
(8)(a) "Compensation earnable" for plan I members, means salaries or wages earned during a payroll period for personal services and where the compensation is not all paid in money, maintenance compensation shall be included upon the basis of the schedules established by the member's employer((: PROVIDED, That)). Compensation that a member receives for being in standby status is also compensation earnable, subject to the conditions of this subsection. A member is in standby status when not being paid for time actually worked and only when both of the following conditions exist: (i) The member is required to be present at, or in the immediate vicinity of, a specified location; and (ii) the employer requires the member to be prepared to report immediately for work, if the need arises, although the need may not arise. Standby compensation is regular salary for the purposes of RCW 41.50.150(2). Retroactive payments to an individual by an employer on reinstatement of the employee in a position, or payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wage which the individual would have earned during a payroll period shall be considered compensation earnable and the individual shall receive the equivalent service credit((: PROVIDED FURTHER, That)). If a leave of absence is taken by an individual for the purpose of serving in the state legislature, the salary which would have been received for the position from which the leave of absence was taken, shall be considered as compensation earnable if the employee's contribution is paid by the employee and the employer's contribution is paid by the employer or employee.
(b) "Compensation earnable" for plan II members, means salaries or wages earned by a member during a payroll period for personal services, including overtime payments, and shall include wages and salaries deferred under provisions established pursuant to sections 403(b), 414(h), and 457 of the United States Internal Revenue Code, but shall exclude nonmoney maintenance compensation and lump sum payments for deferred annual sick leave, unused accumulated vacation, unused accumulated annual leave, or any form of severance pay((: PROVIDED, That)). Compensation that a member receives for being in standby status is also compensation earnable, subject to the conditions of this subsection. A member is in standby status when not being paid for time actually worked and only when both of the following conditions exist: (i) The member is required to be present at, or in the immediate vicinity of, a specified location; and (ii) the employer requires the member to be prepared to report immediately for work, if the need arises, although the need may not arise. Standby compensation is regular salary for the purposes of RCW 41.50.150(2). Retroactive payments to an individual by an employer on reinstatement of the employee in a position, or payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wage which the individual would have earned during a payroll period shall be considered compensation earnable to the extent provided above, and the individual shall receive the equivalent service credit((: PROVIDED FURTHER, That)). In any year in which a member serves in the legislature, the member shall have the option of having such member's compensation earnable be the greater of:
(((i))) (A) The compensation earnable the member would have received had such member not served in the legislature; or
(((ii))) (B) Such member's actual compensation earnable received for nonlegislative public employment and legislative service combined. Any additional contributions to the retirement system required because compensation earnable under subparagraph (i) of this subsection is greater than compensation earnable under subparagraph (ii) of this subsection shall be paid by the member for both member and employer contributions.
(9)(a) "Service" for plan I members, except as provided in RCW 41.40.088, means periods of employment in an eligible position or positions for one or more employers rendered to any employer for which compensation is paid, and includes time spent in office as an elected or appointed official of an employer. Compensation earnable earned in full time work for seventy hours or more in any given calendar month shall constitute one service credit month except as provided in RCW 41.40.088. Compensation earnable earned for less than seventy hours in any calendar month shall constitute one-quarter service credit month of service except as provided in RCW 41.40.088. Only service credit months and one-quarter service credit months shall be counted in the computation of any retirement allowance or other benefit provided for in this chapter. Any fraction of a year of service shall be taken into account in the computation of such retirement allowance or benefits. Time spent in standby status, whether compensated or not, is not service.
Service by a state employee officially assigned by the state on a temporary basis to assist another public agency, shall be considered as service as a state employee: PROVIDED, That service to any other public agency shall not be considered service as a state employee if such service has been used to establish benefits in any other public retirement system: PROVIDED FURTHER, That an individual shall receive no more than a total of twelve service credit months of service during any calendar year: PROVIDED FURTHER, That where an individual is employed in an eligible position by one or more employers the individual shall receive no more than one service credit month during any calendar month in which multiple service for seventy or more hours is rendered.
(b) "Service" for plan II members, means periods of employment by a member in an eligible position or positions for one or more employers for which compensation earnable is paid. Compensation earnable earned for ninety or more hours in any calendar month shall constitute one service credit month except as provided in RCW 41.40.088. Compensation earnable earned for at least seventy hours but less than ninety hours in any calendar month shall constitute one-half service credit month of service. Compensation earnable earned for less than seventy hours in any calendar month shall constitute one-quarter service credit month of service. Time spent in standby status, whether compensated or not, is not service.
Any fraction of a year of service shall be taken into account in the computation of such retirement allowance or benefits.
Service in any state elective position shall be deemed to be full time service, except that persons serving in state elective positions who are members of the teachers' retirement system or law enforcement officers' and fire fighters' retirement system at the time of election or appointment to such position may elect to continue membership in the teachers' retirement system or law enforcement officers' and fire fighters' retirement system.
A member shall receive a total of not more than twelve service credit months of service for such calendar year: PROVIDED, That when an individual is employed in an eligible position by one or more employers the individual shall receive no more than one service credit month during any calendar month in which multiple service for ninety or more hours is rendered.
(10) "Service credit year" means an accumulation of months of service credit which is equal to one when divided by twelve.
(11) "Service credit month" means a month or an accumulation of months of service credit which is equal to one.
(12) "Prior service" means all service of an original member rendered to any employer prior to October 1, 1947.
(13) "Membership service" means:
(a) All service rendered, as a member, after October 1, 1947;
(b) All service after October 1, 1947, to any employer prior to the time of its admission into the retirement system: PROVIDED, That an amount equal to the employer and employee contributions which would have been paid to the retirement system on account of such service shall have been paid to the retirement system with interest (as computed by the department) on the employee's portion prior to retirement of such person, by the employee or his employer, except as qualified by RCW 41.40.023: PROVIDED FURTHER, That employer contributions plus employee contributions with interest submitted by the employee under this subsection shall be placed in the employee's individual account in the employees' savings fund and be treated as any other contribution made by the employee, with the exception that the contributions submitted by the employee in payment of the employer's obligation, together with the interest the director may apply to the employer's contribution, shall be excluded from the calculation of the member's annuity in the event the member selects a benefit with an annuity option;
(c) Service not to exceed six consecutive months of probationary service rendered after April 1, 1949, and prior to becoming a member, in the case of any member, upon payment in full by such member of the total amount of the employer's contribution to the retirement fund which would have been required under the law in effect when such probationary service was rendered if the member had been a member during such period, except that the amount of the employer's contribution shall be calculated by the director based on the first month's compensation earnable as a member;
(d) Service not to exceed six consecutive months of probationary service, rendered after October 1, 1947, and before April 1, 1949, and prior to becoming a member, in the case of any member, upon payment in full by such member of five percent of such member's salary during said period of probationary service, except that the amount of the employer's contribution shall be calculated by the director based on the first month's compensation earnable as a member.
(14)(a) "Beneficiary" for plan I members, means any person in receipt of a retirement allowance, pension or other benefit provided by this chapter.
(b) "Beneficiary" for plan II members, means any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer by another person.
(15) "Regular interest" means such rate as the director may determine.
(16) "Accumulated contributions" means the sum of all contributions standing to the credit of a member in the member's individual account together with the regular interest thereon.
(17)(a) "Average final compensation" for plan I members, means the annual average of the greatest compensation earnable by a member during any consecutive two year period of service credit months for which service credit is allowed; or if the member has less than two years of service credit months then the annual average compensation earnable during the total years of service for which service credit is allowed.
(b) "Average final compensation" for plan II members, means the member's average compensation earnable of the highest consecutive sixty months of service credit months prior to such member's retirement, termination, or death. Periods constituting authorized leaves of absence may not be used in the calculation of average final compensation except under RCW 41.40.710(2).
(18) "Final compensation" means the annual rate of compensation earnable by a member at the time of termination of employment.
(19) "Annuity" means payments for life derived from accumulated contributions of a member. All annuities shall be paid in monthly installments.
(20) "Pension" means payments for life derived from contributions made by the employer. All pensions shall be paid in monthly installments.
(21) "Retirement allowance" means the sum of the annuity and the pension.
(22) "Employee" means any person who may become eligible for membership under this chapter, as set forth in RCW 41.40.023.
(23) "Actuarial equivalent" means a benefit of equal value when computed upon the basis of such mortality and other tables as may be adopted by the director.
(24) "Retirement" means withdrawal from active service with a retirement allowance as provided by this chapter.
(25) "Eligible position" means:
(a) Any position that, as defined by the employer, normally requires five or more months of service a year for which regular compensation for at least seventy hours is earned by the occupant thereof. For purposes of this chapter an employer shall not define "position" in such a manner that an employee's monthly work for that employer is divided into more than one position;
(b) Any position occupied by an elected official or person appointed directly by the governor for which compensation is paid.
(26) "Ineligible position" means any position which does not conform with the requirements set forth in subsection (25) of this section.
(27) "Leave of absence" means the period of time a member is authorized by the employer to be absent from service without being separated from membership.
(28) "Totally incapacitated for duty" means total inability to perform the duties of a member's employment or office or any other work for which the member is qualified by training or experience.
(29) "Retiree" means any member in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer by such member.
(30) "Director" means the director of the department.
(31) "State elective position" means any position held by any person elected or appointed to state-wide office or elected or appointed as a member of the legislature.
(32) "State actuary" or "actuary" means the person appointed pursuant to RCW 44.44.010(2).
(33) "Plan I" means the public employees' retirement system, plan I providing the benefits and funding provisions covering persons who first became members of the system prior to October 1, 1977.
(34) "Plan II" means the public employees' retirement system, plan II providing the benefits and funding provisions covering persons who first became members of the system on and after October 1, 1977.
NEW SECTION. Sec. 9. (1) Notwithstanding RCW 41.50.130, the department is not required to correct, nor to cause any employer to correct the reporting error described in subsection (2) of this section.
(2) Standby pay and other similar forms of compensation that are not pay for time worked were not salary or wages for personal services within the meaning of RCW 41.40.010(8). Contrary to RCW 41.40.010(8), some employers have been reporting standby pay to the department as compensation earnable. To avoid unduly impacting the retirement allowances of persons who have retired on or before the effective date of this act, the department is not required to correct, nor cause to be corrected, any misreporting of amounts identified as standby pay through the effective date of this act. Any erroneous reporting of amounts identified as standby pay to the department on or after the effective date of this act shall be corrected as an error under RCW 41.50.130.
(3) The forgiveness of past misreporting under subsection (2) of this section constitutes a benefit enhancement for those individuals for whom amounts received as standby pay were misreported to the department. Prior to the effective date of this act no retirement system member had any right, contractual or otherwise, to have amounts identified as standby pay included as compensation earnable.
Sec. 10. 1990 c 274 s 18 (uncodified) is amended to read as follows:
(1) The 1990 amendments to RCW 41.32.010(27)(b) and 41.40.450 are intended by the legislature to effect administrative, rather than substantive, changes to the affected retirement plan. The legislature therefore reserves the right to revoke or amend the 1990 amendments to RCW 41.32.010(27)(b) and 41.40.450. No member is entitled to have his or her service credit calculated under the 1990 amendments to RCW 41.32.010(27)(b) and 41.40.450 as a matter of contractual right.
(2) The department's retroactive application of the changes made in RCW 41.32.010(27)(b) to all service rendered between October 1, 1977, and August 31, 1990, is consistent with the legislative intent of the 1990 changes to RCW 41.32.010(27)(b)."
On page 1, line 2 of the title, after "overpayments;" strike the remainder of the title and insert "amending RCW 41.50.130, 41.32.500, 41.32.510, 41.40.280, and 41.40.010; amending 1990 c 274 s 18 (uncodified); adding new sections to chapter 41.50 RCW; and creating new sections."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Valle moved that the House concur in the Senate amendments to Engrossed Substitute House Bill No. 2644 and pass the bill as amended by the Senate. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2644 as amended by the Senate.
Representative Valle spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2644, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.
Voting yea: Representatives Anderson, 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, Leonard, Linville, Lisk, Long, McMorris, Meyers, R., Mielke, Moak, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 93.
Excused: Representatives Appelwick, Mastin, Morris, Padden and Riley - 5.
Engrossed Substitute House Bill No. 2644 as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 4, 1994
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 2278 with the following amendments:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 42.12 RCW to read as follows:
A vacancy on an elected nonpartisan governing body of a special purpose district where property ownership is not a qualification to vote, a town, or a city other than a first class city or a charter code city, shall be filled as follows unless the provisions of law relating to the special district, town, or city provide otherwise:
(1) Where one position is vacant, the remaining members of the governing body shall appoint a qualified person to fill the vacant position.
(2) Where two or more positions are vacant and two or more members of the governing body remain in office, the remaining members of the governing body shall appoint a qualified person to fill one of the vacant positions, the remaining members of the governing body and the newly appointed person shall appoint another qualified person to fill another vacant position, and so on until each of the vacant positions is filled with each of the new appointees participating in each appointment that is made after his or her appointment.
(3) If less than two members of a governing body remain in office, the county legislative authority of the county in which all or the largest geographic portion of the city, town, or special district is located shall appoint a qualified person or persons to the governing body until the governing body has two members.
(4) If a governing body fails to appoint a qualified person to fill a vacancy within ninety days of the occurrence of the vacancy, the authority of the governing body to fill the vacancy shall cease and the county legislative authority of the county in which all or the largest geographic portion of the city, town, or special district is located shall appoint a qualified person to fill the vacancy.
(5) If the county legislative authority of the county fails to appoint a qualified person within one hundred eighty days of the occurrence of the vacancy, the county legislative authority or the remaining members of the governing body of the city, town, or special district may petition the governor to appoint a qualified person to fill the vacancy. The governor may appoint a qualified person to fill the vacancy after being petitioned if at the time the governor fills the vacancy the county legislative authority has not appointed a qualified person to fill the vacancy.
(6) As provided in RCW 29.15.190 and 29.21.410, each person who is appointed shall serve until a qualified person is elected at the next election at which a member of the governing body normally would be elected that occurs twenty-eight or more days after the occurrence of the vacancy. If needed, special filing periods shall be authorized as provided in RCW 29.15.170 and 29.15.180 for qualified persons to file for the vacant office. A primary shall be held to nominate candidates if sufficient time exists to hold a primary and more than two candidates file for the vacant office. Otherwise, a primary shall not be held and the person receiving the greatest number of votes shall be elected. The person elected shall take office immediately and serve the remainder of the unexpired term.
If an election for the position that became vacant would otherwise have been held at this general election date, only one election to fill the position shall be held and the person elected to fill the succeeding term for that position shall take office immediately when qualified as defined in RCW 29.01.135 and shall service both the remainder of the unexpired term and the succeeding term.
Sec. 2. RCW 42.12.010 and 1993 c 317 s 9 are each amended to read as follows:
Every elective office shall become vacant on the happening of any of the following events:
(1) The death of the incumbent;
(2) His or her resignation. A vacancy caused by resignation shall be deemed to occur upon the effective date of the resignation;
(3) His or her removal;
(4) Except as provided in RCW 3.46.067 and 3.50.057, his or her ceasing to be a legally ((qualified elector)) registered voter of the district, county, city, town, or other municipal or quasi municipal corporation from which he or she shall have been elected or appointed, including where applicable the council district, commissioner district, or ward from which he or she shall have been elected or appointed;
(5) His or her conviction of a felony, or of any offense involving a violation of his or her official oath;
(6) His or her refusal or neglect to take his or her oath of office, or to give or renew his or her official bond, or to deposit such oath or bond within the time prescribed by law;
(7) The decision of a competent tribunal declaring void his or her election or appointment; or
(8) Whenever a judgment shall be obtained against that incumbent for breach of the condition of his or her official bond.
Sec. 3. RCW 43.06.010 and 1993 c 142 s 5 are each amended to read as follows:
In addition to those prescribed by the Constitution, the governor may exercise the powers and perform the duties prescribed in this and the following sections:
(1) The governor shall supervise the conduct of all executive and ministerial offices;
(2) The governor shall see that all offices are filled, including as provided in section 1 of this act, and the duties thereof performed, or in default thereof, apply such remedy as the law allows; and if the remedy is imperfect, acquaint the legislature therewith at its next session;
(3) The governor shall make the appointments and supply the vacancies mentioned in this title;
(4) The governor is the sole official organ of communication between the government of this state and the government of any other state or territory, or of the United States;
(5) Whenever any suit or legal proceeding is pending against this state, or which may affect the title of this state to any property, or which may result in any claim against the state, the governor may direct the attorney general to appear on behalf of the state, and report the same to the governor, or to any grand jury designated by the governor, or to the legislature when next in session;
(6) The governor may require the attorney general or any prosecuting attorney to inquire into the affairs or management of any corporation existing under the laws of this state, or doing business in this state, and report the same to the governor, or to any grand jury designated by the governor, or to the legislature when next in session;
(7) The governor may require the attorney general to aid any prosecuting attorney in the discharge of ((his)) the prosecutor's duties;
(8) The governor may offer rewards, not exceeding one thousand dollars in each case, payable out of the state treasury, for information leading to the apprehension of any person convicted of a felony who has escaped from a state correctional institution or for information leading to the arrest of any person who has committed or is charged with the commission of a felony;
(9) The governor shall perform such duties respecting fugitives from justice as are prescribed by law;
(10) The governor shall issue and transmit election proclamations as prescribed by law;
(11) The governor may require any officer or board to make, upon demand, special reports to the governor, in writing;
(12) The governor may, after finding that a public disorder, disaster, energy emergency, or riot exists within this state or any part thereof which affects life, health, property, or the public peace, proclaim a state of emergency in the area affected, and the powers granted the governor during a state of emergency shall be effective only within the area described in the proclamation;
(13) The governor may, after finding that there exists within this state an imminent danger of infestation of plant pests as defined in RCW 17.24.007 or plant diseases which seriously endangers the agricultural or horticultural industries of the state of Washington, or which seriously threatens life, health, or economic well-being, order emergency measures to prevent or abate the infestation or disease situation, which measures, after thorough evaluation of all other alternatives, may include the aerial application of pesticides;
(14) On all compacts forwarded to the governor pursuant to RCW 9.46.360(6), the governor is authorized and empowered to execute on behalf of the state compacts with federally recognized Indian tribes in the state of Washington pursuant to the federal Indian Gaming Regulatory Act, 25 U.S.C. Sec. 2701 et seq., for conducting class III gaming, as defined in the Act, on Indian lands.
Sec. 4. RCW 14.08.304 and 1979 ex.s. c 126 s 3 are each amended to read as follows:
The board of airport district commissioners shall consist of three members((, who shall each be a registered voter and actually a resident of the district)). The first commissioners shall be appointed by the county legislative authority. At the next general district election, held as provided in RCW 29.13.020, three airport district commissioners shall be elected. The terms of office of airport district commissioners shall be two years, or until their successors are elected and qualified and have assumed office in accordance with RCW 29.04.170. Members of the board of airport district commissioners shall be elected at each regular district general election on a nonpartisan basis in accordance with the general election law. ((They shall be nominated by petition of ten registered voters of the district.)) Vacancies on the board of airport district commissioners shall occur and shall be filled ((by appointment by the remaining commissioners)) as provided in chapter 42.12 RCW. Members of the board of airport district commissioners shall receive no compensation for their services, but shall be reimbursed for actual necessary traveling and sustenance expenses incurred while engaged on official business.
Sec. 5. RCW 28A.315.520 and 1971 c 53 s 4 are each amended to read as follows:
A majority of all members of the board of directors shall constitute a quorum. Absence of any board member from four consecutive regular meetings of the board, unless on account of sickness or authorized by resolution of the board, shall be sufficient cause for the remaining members of the board to declare by resolution that such board member position is vacated. In addition, vacancies shall occur as provided in RCW 42.12.010.
Sec. 6. RCW 29.15.120 and 1990 c 59 s 86 are each amended to read as follows:
A candidate may withdraw his or her declaration of candidacy at any time before the close of business on the Thursday following the last day for candidates to file under RCW 29.15.020 by filing, with the officer with whom the declaration of candidacy was filed, a signed request that his or her name not be printed on the ballot. There shall be no withdrawal period for declarations of candidacy filed during special filing periods held under this title. The filing officer may permit the withdrawal of a filing for the office of precinct committee officer at the request of the candidate at any time if no absentee ballots have been issued for that office and the general election ballots for that precinct have not been printed. The filing officer may permit the withdrawal of a filing for any elected office of a city, town, or special district at the request of the candidate at any time before a primary if the primary ballots for that city, town, or special district have not been ordered. No filing fee may be refunded to any candidate who withdraws under this section. Notice of the deadline for withdrawal of candidacy and that the filing fee is not refundable shall be given to each candidate at the time he or she files.
NEW SECTION. Sec. 7. A new section is added to chapter 29.15 RCW to read as follows:
Each person who files a declaration of candidacy for an elected office of a city, town, or special district shall be given written notice of the date by which a candidate may withdraw his or her candidacy under RCW 29.15.120.
Sec. 8. RCW 29.15.200 and 1975-'76 2nd ex.s. c 120 s 13 are each amended to read as follows:
If after both the normal filing period and special three day filing period as provided by RCW 29.15.170 and 29.15.180((, as now or hereafter amended,)) have passed ((and still)), no candidate has filed for any single city, town, or district position to be filled, the election for such position shall be deemed lapsed, the office deemed stricken from the ballot and no write-in votes counted. In such instance, the incumbent occupying such position shall remain in office and continue to serve until ((his)) a successor is elected at the next election when such positions are voted upon ((as provided by RCW 29.21.410, as now or hereafter amended)).
NEW SECTION. Sec. 9. A new section is added to chapter 35.02 RCW to read as follows:
An election shall be held to elect city or town elected officials at the next municipal general election occurring more than twelve months after the date of the first election of councilmembers or commissioners. Candidates shall run for specific council or commission positions. The staggering of terms of members of the city or town council shall be established at this election, where the simple majority of the persons elected as councilmembers receiving the greatest numbers of votes shall be elected to four-year terms of office and the remainder of the persons elected as councilmembers shall be elected to two-year terms of office. Newly elected councilmembers or newly elected commissioners shall serve until their successors are elected and qualified. The terms of office of newly elected commissioners shall not be staggered, as provided in chapter 35.17 RCW. All councilmembers and commissioners who are elected subsequently shall be elected to four-year terms of office and shall serve until their successors are elected and qualified and assume office in accordance with RCW 29.04.170.
Sec. 10. RCW 35.17.020 and 1979 ex.s. c 126 s 17 are each amended to read as follows:
All regular elections in cities organized under the statutory commission form of government shall be held quadrennially in the odd-numbered years on the dates provided in RCW 29.13.020. The commissioners shall be nominated and elected at large. Their terms shall be for four years and until their successors are elected and qualified and assume office in accordance with RCW 29.04.170. ((If a vacancy occurs in the commission the remaining members shall appoint a person to fill it for the unexpired term.)) Vacancies on a commission shall occur and shall be filled as provided in chapter 42.12 RCW, except that in every instance a person shall be elected to fill the remainder of the unexpired term at the next general municipal election that occurs twenty-eight or more days after the occurrence of the vacancy.
Sec. 11. RCW 35.17.400 and 1979 ex.s. c 126 s 18 are each amended to read as follows:
The first election of commissioners shall be held ((within)) at the next special election that occurs at least sixty days after the ((adoption of)) election results are certified where the proposition to organize under the commission form was approved by city voters, and the commission first elected shall commence to serve as soon as they have been elected and have qualified and shall continue to serve until their successors have been elected and qualified and have assumed office in accordance with RCW 29.04.170. The date of the second election for commissioners shall be in accordance with RCW 29.13.020 such that the term of the first commissioners will be as near as possible to, but not in excess of, four years calculated from the first day in January in the year after the year in which the first commissioners were elected.
Sec. 12. RCW 35.18.020 and 1981 c 260 s 7 are each amended to read as follows:
(1) The number of ((councilmen)) councilmembers in a city or town operating with a council-manager plan of government shall be ((in proportion to the population of the city or town indicated in its petition for incorporation and thereafter shall be in proportion to its population as last)) based upon the latest population of the city or town that is determined by the office of financial management as follows:
(a) A city or town having not more than two thousand inhabitants, five ((councilmen)) councilmembers; and
(b) A city or town having more than two thousand, seven ((councilmen)) councilmembers.
(2) ((All councilmen shall be elected at large or from such wards or districts as may be established by ordinance, and shall serve for a term of four years and until their successors are elected and qualified and assume office in accordance with RCW 29.04.170: PROVIDED, HOWEVER, That at the first general municipal election held in the city in accordance with RCW 29.13.020, after the election approving the council-manager plan, the following shall apply:
(a) One councilman shall be nominated and elected from each ward or such other existing district of said city as may have been established for the election of members of the legislative body of the city and the remaining councilmen shall be elected at large; but if there are no such wards or districts in the city, or at an initial election for the incorporation of a community, the councilmen shall be elected at large.
(b) In cities electing five councilmen, the candidates having the three highest number of votes shall be elected for a four year term and the other two for a two year term commencing immediately when qualified in accordance with RCW 29.01.135 and continuing until their successors are elected and qualified and have assumed office in accordance with RCW 29.04.170.
(c) In cities electing seven councilmen, the candidates having the four highest number of votes shall be elected for a four year term and the other three for a two year term commencing immediately when qualified in accordance with RCW 29.01.135 and continuing until their successors are elected and qualified and have assumed office in accordance with RCW 29.04.170.
(d) In determining the candidates receiving the highest number of votes, only the candidate receiving the highest number of votes in each ward, as well as the councilman-at-large or councilmen-at-large, are to be considered)) Except for the initial staggering of terms, councilmembers shall serve for four-year terms of office. All councilmembers shall serve until their successors are elected and qualified and assume office in accordance with RCW 29.04.170. Councilmembers may be elected on a city-wide or town-wide basis, or from wards or districts, or any combination of these alternatives. Candidates shall run for specific positions. Wards or districts shall be redrawn as provided in chapter 29.70 RCW. Wards or districts shall be used as follows: (a) Only a resident of the ward or district may be a candidate for, or hold office as, a councilmember of the ward or district; and (b) only voters of the ward or district may vote at a primary to nominate candidates for a councilmember of the ward or district. Voters of the entire city or town may vote at the general election to elect a councilmember of a ward or district, unless the city or town had prior to January 1, 1994, limited the voting in the general election for any or all council positions to only voters residing within the ward or district associated with the council positions. If a city or town had so limited the voting in the general election to only voters residing within the ward or district, then the city or town shall be authorized to continue to do so.
(3) When a ((municipality)) city or town has qualified for an increase in the number of ((councilmen)) councilmembers from five to seven by virtue of the next succeeding population determination made by the office of financial management ((after the majority of the voters thereof have approved operation under the council-manager plan)), two additional council positions shall be filled at the ((first)) next municipal general election ((when two additional councilmen are to be elected, one of the two additional councilmen receiving)) with the person elected to one of the new council positions receiving the ((highest)) greatest number of votes ((shall be)) being elected for a four-year term of office and the person elected to the other additional ((councilman shall be)) council position being elected for a two-year term of office. The ((terms of the)) two additional ((councilmen)) councilmembers shall ((commence)) assume office immediately when qualified in accordance with RCW 29.01.135, but the term of office shall be computed from the first day of January after the year in which they are elected. Their successors shall be elected to four-year terms of office.
(((4) In the event such population determination as provided in subsection (3) of this section requires an increase in the number of councilmen)) Prior to the election of the two new councilmembers, the city or town council shall fill the additional ((councilmanic)) positions by appointment not later than ((thirty)) forty-five days following the release of ((said)) the population determination, and ((the)) each appointee shall hold office only until ((the next regular city or town election at which a person shall be elected to serve for the remainder of the unexpired term. In the event such population determination results in a decrease in the number of councilmen, said decrease shall not take effect until the next regular city or town election: PROVIDED, That)) the new position is filled by election.
(4) When a city or town has qualified for a decrease in the number of councilmembers from seven to five by virtue of the next succeeding population determination made by the office of financial management, two council positions shall be eliminated at the next municipal general election if four council positions normally would be filled at that election, or one council position shall be eliminated at each of the next two succeeding municipal general elections if three council positions normally would be filled at the first municipal general election after the population determination. The council shall by ordinance indicate which, if any, of the remaining positions shall be elected at-large or from wards or districts.
(5) ((If a vacancy in the council occurs, the remaining members shall appoint a person to fill such office only until the next regular general municipal election at which a person shall be elected to serve for the remainder of the unexpired term)) Vacancies on a council shall occur and shall be filled as provided in chapter 42.12 RCW.
Sec. 13. RCW 35.18.270 and 1979 ex.s. c 126 s 20 are each amended to read as follows:
If the majority of the votes cast at a special election for organization on the council-manager plan favor the plan, the city or town ((at its next regular election)) shall elect the council required under the council-manager plan in number according to ((the)) its population ((of the municipality: PROVIDED, That if the date of the next municipal general election is more than one year from the date of the election approving the council-manager plan, a special election shall be held to elect the councilmen; the newly elected councilmen shall assume office immediately when they are qualified in accordance with RCW 29.01.135 following the canvass of votes as certified and shall remain in office until their successors are elected at the next general municipal election: PROVIDED, That such successor shall hold office for staggered terms as provided in RCW 35.18.020 as now or hereafter amended. Councilmen shall take office at the time provided by general law. Declarations of candidacy for city or town elective positions under the council-manager plan for cities and towns shall be filed with the county auditor as the case may be not more than forty-five nor less than thirty days prior to said special election to elect the members of the city council. Any candidate may file a written declaration of withdrawal at any time within five days after the last day for filing a declaration of candidacy. All names of candidates to be voted upon shall be printed upon the ballot alphabetically in group under the designation of the title of the offices for which they are candidates. There shall be no rotation of names)) at the next municipal general election. However, special elections shall be held to nominate and elect the new city councilmembers at the next primary and general election held in an even-numbered year if the next municipal general election is more than one year after the date of the election at which the voters approved the council-manager plan. The staggering of terms of office shall occur at the election when the new councilmembers are elected, where the simple majority of the persons elected as councilmembers receiving the greatest numbers of votes shall be elected to four-year terms of office if the election is held in an odd-numbered year, or three-year terms of office if the election is held in an even-numbered year, and the remainder of the persons elected as councilmembers shall be elected to two-year terms of office if the election is held in an odd-numbered year, or one-year terms of office if the election is held in an even-numbered year. The initial councilmembers shall take office immediately when they are elected and qualified, but the lengths of their terms of office shall be calculated from the first day in January in the year following the election.
Sec. 14. RCW 35.23.050 and 1965 c 7 s 35.23.050 are each amended to read as follows:
All municipal elections held under the provisions of this chapter shall be conducted according to the general election laws of this state((, as far as practicable: PROVIDED, That any qualified voter of such city, duly registered for the general county or state election next preceding any municipal election, general or special, shall be qualified to vote at such municipal election. No person shall be qualified to vote at such election unless he is a qualified elector of the county and has resided in such city for at least thirty days next preceding such election)).
Sec. 15. RCW 35.23.240 and 1965 c 7 s 35.23.240 are each amended to read as follows:
The city council may declare an office vacant: (1) If anyone either elected or appointed to that office fails for ten days to qualify as required by law or fails to enter upon ((his)) the duties of that office at the time fixed by law or the orders of the city council, ((his)) the office shall become vacant; or (2) if such an officer ((absents himself)) who serves for compensation is absent from the city without the consent of the city council for three consecutive weeks or openly neglects or refuses to discharge ((his)) the duties((, the council may declare his office vacant: PROVIDED, That this penalty for absence from the city shall not apply to such officers as serve without compensation.
If a vacancy occurs by reason of death, resignation, or otherwise in the office of mayor or councilman, the city council shall fill the vacancy until the next general municipal election)) of that office. In addition, a vacancy in an elective office shall occur and shall be filled as provided in chapter 42.12 RCW.
If a vacancy occurs ((by reason of death, resignation, or otherwise)) in any other office it shall be filled by appointment of the mayor and confirmed by the council in the same manner as other appointments are made.
Sec. 16. RCW 35.23.530 and 1965 c 7 s 35.23.530 are each amended to read as follows:
At any time not within three months previous to an annual election the city council of a second class city may divide the city into wards, not exceeding six in all, or change the boundaries of existing wards. No change in the boundaries of wards shall affect the term of any ((councilman, but he)) councilmember, and councilmembers shall serve out ((his)) their terms in the wards of ((his)) their residences at the time of ((his election: PROVIDED, That if this results)) their elections. However, if these boundary changes result in one ward being represented by more ((councilmen)) councilmembers than the number to which it is entitled, those having the shortest unexpired terms shall be assigned by the council to wards where there is a vacancy, and the councilmembers so assigned shall be deemed to be residents of the wards to which they are assigned for purposes of determining whether those positions are vacant.
The representation of each ward in the city council shall be in proportion to the population as nearly as is practicable.
((No person shall be eligible to the office of councilman unless he resides in the ward for which he is elected on the date of his election and removal of his residence from the ward for which he was elected renders his office vacant.))
Wards shall be redrawn as provided in chapter 29.70 RCW. Wards shall be used as follows: (1) Only a resident of the ward may be a candidate for, or hold office as, a councilmember of the ward; and (2) only voters of the ward may vote at a primary to nominate candidates for a councilmember of the ward. Voters of the entire city may vote at the general election to elect a councilmember of a ward, unless the city had prior to January 1, 1994, limited the voting in the general election for any or all council positions to only voters residing within the ward associated with the council positions. If a city had so limited the voting in the general election to only voters residing within the ward, then the city shall be authorized to continue to do so. The elections for the remaining council position or council positions that are not associated with a ward shall be conducted as if the wards did not exist.
Sec. 17. RCW 35.24.050 and 1979 ex.s. c 126 s 22 are each amended to read as follows:
General municipal elections in third class cities not operating under the commission form of government shall be held biennially in the odd-numbered years ((as provided in RCW 29.13.020)) and shall be subject to general election law.
The terms of office of the mayor, city attorney, clerk, and treasurer shall be four years and until their successors are elected and qualified and assume office in accordance with RCW 29.04.170: PROVIDED, That if the offices of city attorney, clerk, and treasurer are made appointive, the city attorney, clerk, and treasurer shall not be appointed for a definite term: PROVIDED FURTHER, That the term of the elected treasurer shall not commence in the same biennium in which the term of the mayor commences, nor in which the terms of the city attorney and clerk commence if they are elected.
((A councilman-at-large shall be elected biennially for a two-year term and until his or her successor is elected and qualified and assumes office in accordance with RCW 29.04.170. Of the other six councilmen, three shall be elected in each biennial general municipal election for terms of four years and until their successors are elected and qualified and assume)) Council positions shall be numbered in each third class city so that council position seven has a two-year term of office and council positions one through six shall each have four-year terms of office. Each councilmember shall remain in office until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170.
In its discretion the council of a third class city may divide the city by ordinance into a convenient number of wards, not exceeding six, fix the boundaries of the wards, and change the ward boundaries from time to time and as provided in RCW 29.70.100. No change in the boundaries of any ward shall be made within one hundred twenty days next before the date of a general municipal election, nor within twenty months after the wards have been established or altered. However, if a boundary change results in one ward being represented by more councilmembers than the number to which it is entitled, those having the shortest unexpired terms shall be assigned by the council to wards where there is a vacancy, and the councilmembers so assigned shall be deemed to be residents of the wards to which they are assigned for purposes of determining whether those positions are vacant. Whenever such city is so divided into wards, the city council shall designate by ordinance the number of councilmembers to be elected from each ward, apportioning the same in proportion to the population of the wards. Council position seven shall not be associated with a ward and the person elected to that position may reside anywhere in the city and voters throughout the city may vote at a primary to nominate candidates for position seven, when a primary is necessary, and at a general election to elect the person to council position seven. When additional territory is added to the city it may by act of the council, be annexed to contiguous wards without affecting the right to redistrict at the expiration of twenty months after last previous division. Wards shall be redrawn as provided in chapter 29.70 RCW. Wards shall be used as follows: (1) Only a resident of the ward may be a candidate for, or hold office as, a councilmember of the ward; and (2) only voters of the ward may vote at a primary to nominate candidates for a councilmember of the ward. Voters of the entire city may vote at the general election to elect a councilmember of a ward, unless the city had prior to January 1, 1994, limited the voting in the general election for any or all council positions to only voters residing within the ward associated with the council positions. If a city had so limited the voting in the general election to only voters residing within the ward, then the city shall be authorized to continue to do so. The elections for the remaining council position or council positions that are not associated with a ward shall be conducted as if the wards did not exist.
Sec. 18. RCW 35.24.060 and 1965 c 7 s 35.24.060 are each amended to read as follows:
All elections shall be held in accordance with the general election laws of the state ((insofar as the same are applicable and no person shall be entitled to vote at any election unless he shall be a qualified elector of the county and shall have resided in such city for at least thirty days next preceding such election)).
Sec. 19. RCW 35.24.100 and 1965 c 7 s 35.24.100 are each amended to read as follows:
((In cities of)) The council of a third class city may declare a council position vacant if ((a member of the city council absents himself)) that councilmember is absent for three consecutive regular meetings ((thereof, unless by)) without the permission of the council((, his office may be declared vacant by the council.
Vacancies in the city council or in the office of mayor shall be filled by majority vote of the council)). In addition, a vacancy in an elective office shall occur and shall be filled as provided in chapter 42.12 RCW.
Vacancies in offices other than that of mayor or city ((councilman)) councilmember shall be filled by appointment of the mayor.
((If a vacancy occurs in an elective office the appointee shall hold office only until the next regular election at which a person shall be elected to serve for the remainder of the unexpired term.))
If there is a temporary vacancy in an appointive office due to illness, absence from the city or other temporary inability to act, the mayor may appoint a temporary appointee to exercise the duties of the office until the temporary disability of the incumbent is removed.
Sec. 20. RCW 35.24.290 and 1993 c 83 s 6 are each amended to read as follows:
The city council of each third class city shall have power:
(1) To pass ordinances not in conflict with the Constitution and laws of this state or of the United States;
(2) To prevent and regulate the running at large of any or all domestic animals within the city limits or any part thereof and to cause the impounding and sale of any such animals;
(3) To establish, build and repair bridges, to establish, lay out, alter, keep open, open, widen, vacate, improve and repair streets, sidewalks, alleys, squares and other public highways and places within the city, and to drain, sprinkle and light the same; to remove all obstructions therefrom; to establish and reestablish the grades thereof; to grade, plank, pave, macadamize, gravel and curb the same, in whole or in part; to construct gutters, culverts, sidewalks and crosswalks therein or upon any part thereof; to cultivate and maintain parking strips therein, and generally to manage and control all such highways and places; to provide by local assessment for the leveling up and surfacing and oiling or otherwise treating for the laying of dust, all streets within the city limits;
(4) To establish, construct and maintain drains and sewers, and shall have power to compel all property owners on streets and alleys or within two hundred feet thereof along which sewers shall have been constructed to make proper connections therewith and to use the same for proper purposes, and in case the owners of the property on such streets and alleys or within two hundred feet thereof fail to make such connections within the time fixed by such council, it may cause such connections to be made and assess against the property served thereby the costs and expenses thereof;
(5) To provide fire engines and all other necessary or proper apparatus for the prevention and extinguishment of fires;
(6) To impose and collect an annual license on every dog within the limits of the city, to prohibit dogs running at large and to provide for the killing of all dogs not duly licensed found at large;
(7) To license, for the purposes of regulation and revenue, all and every kind of business authorized by law, and transacted and carried on in such city, and all shows, exhibitions and lawful games carried on therein and within one mile of the corporate limits thereof, to fix the rate of license tax upon the same, and to provide for the collection of the same by suit or otherwise;
(8) To improve rivers and streams flowing through such city, or adjoining the same; to widen, straighten and deepen the channel thereof, and remove obstructions therefrom; to improve the water-front of the city, and to construct and maintain embankments and other works to protect such city from overflow; to prevent the filling of the water of any bay, except such filling over tide or shorelands as may be provided for by order of the city council; to purify and prevent the pollution of streams of water, lakes or other sources of supply, and for this purpose shall have jurisdiction over all streams, lakes or other sources of supply, both within and without the city limits. Such city shall have power to provide by ordinance and to enforce such punishment or penalty as the city council may deem proper for the offense of polluting or in any manner obstructing or interfering with the water supply of such city or source thereof;
(9) To erect and maintain buildings for municipal purposes;
(10) To permit, under such restrictions as it may deem proper, and to grant franchises for, the laying of railroad tracks, and the running of cars propelled by electric, steam or other power thereon, and the laying of gas and water pipes and steam mains and conduits for underground wires, and to permit the construction of tunnels or subways in the public streets, and to construct and maintain and to permit the construction and maintenance of telegraph, telephone and electric lines therein;
(11) ((In its discretion to divide the city by ordinance, into a convenient number of wards, not exceeding six, to fix the boundaries thereof, and to change the same from time to time: PROVIDED, That no change in the boundaries of any ward shall be made within sixty days next before the date of a general municipal election, nor within twenty months after the wards have been established or altered. Whenever such city is so divided into wards, the city council shall designate by ordinance the number of councilmen to be elected from each ward, apportioning the same in proportion to the population of the wards. Thereafter the councilmen so designated shall be elected by the qualified electors resident in such ward, or by general vote of the whole city as may be designated in such ordinance. When additional territory is added to the city it may by act of the council, be annexed to contiguous wards without affecting the right to redistrict at the expiration of twenty months after last previous division. The removal of a councilman from the ward for which he was elected shall create a vacancy in such office;
(12))) To impose fines, penalties and forfeitures for any and all violations of ordinances, and for any breach or violation of any ordinance to fix the penalty by fine or imprisonment, or both, but no such fine shall exceed five thousand dollars nor the term of such imprisonment exceed the term of one year, except that the punishment for any criminal ordinance shall be the same as the punishment provided in state law for the same crime; or to provide that violations of ordinances constitute a civil violation subject to monetary penalty, but no act that is a state crime may be made a civil violation;
(((13))) (12) To establish fire limits, with proper regulations;
(((14))) (13) To establish and maintain a free public library;
(((15))) (14) To establish and regulate public markets and market places;
(((16))) (15) To punish the keepers and inmates and lessors of houses of ill fame, gamblers and keepers of gambling tables, patrons thereof or those found loitering about such houses and places;
(((17))) (16) To make all such ordinances, bylaws, rules, regulations and resolutions, not inconsistent with the Constitution and laws of the state of Washington, as may be deemed expedient to maintain the peace, good government and welfare of the corporation and its trade, commerce and manufactures, and to do and perform any and all other acts and things necessary or proper to carry out the provisions of this chapter, and to enact and enforce within the limits of such city all other local, police, sanitary and other regulations as do not conflict with general laws;
(((18))) (17) To license steamers, boats and vessels used in any bay or other watercourse in the city and to fix and collect such license; to provide for the regulation of berths, landings, and stations, and for the removing of steamboats, sail boats, sail vessels, rafts, barges and other watercraft; to provide for the removal of obstructions to navigation and of structures dangerous to navigation or to other property, in or adjoining the waterfront, except in municipalities in counties in which there is a city of the first class.
Sec. 21. RCW 35.27.100 and 1965 c 7 s 35.27.100 are each amended to read as follows:
All elections in towns shall be held in accordance with the general election laws of the state((, so far as the same may be applicable; and no person shall be entitled to vote at such election, unless he is a qualified elector of the county, and has resided in the town for at least thirty days next preceding the election)).
Sec. 22. RCW 35.27.140 and 1965 c 7 s 35.27.140 are each amended to read as follows:
((If a member of)) The council of a town may declare a council position vacant if that councilmember is absent from the town for three consecutive council meetings ((unless by)) without the permission of the council ((his office shall be declared vacant by the council. A vacancy in the office of mayor and vacancies in the council shall be filled by a majority vote of the council)). In addition, a vacancy in an elective office shall occur and shall be filled as provided in chapter 42.12 RCW.
A vacancy in any other office shall be filled by appointment by the mayor. ((An appointee filling the vacancy in an elective office shall hold office only until the next general election at which time a person shall be elected to serve for the remainder of the unexpired term except that the person appointed to fill a vacancy in the office of mayor shall serve for the unexpired term.))
Sec. 23. RCW 35.61.050 and 1979 ex.s. c 126 s 24 are each amended to read as follows:
At the same election at which the proposition is submitted to the voters as to whether a metropolitan park district is to be formed, five park commissioners shall be elected ((to hold office respectively for the following terms: Where the election is held in an odd-numbered year, one commissioner shall be elected to hold office for two years, two shall be elected to hold office for four years, and two shall be elected to hold office for six years. Where the election is held in an even-numbered year, one commissioner shall hold office for three years, two shall hold office for five years, and two shall hold office for seven years)). The election of park commissioners shall be null and void if the metropolitan park district is not created. Candidates shall run for specific commission positions. No primary shall be held to nominate candidates. The person receiving the greatest number of votes for each position shall be elected as a commissioner. The staggering of the terms of office shall occur as follows: (1) The two persons who are elected receiving the two greatest numbers of votes shall be elected to six-year terms of office if the election is held in an odd-numbered year or five-year terms of office if the election is held in an even-numbered year; (2) the two persons who are elected receiving the next two greatest numbers of votes shall be elected to four-year terms of office if the election is held in an odd-numbered year or three-year terms of office if the election is held in an even-numbered year; and (3) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year. The initial commissioners shall take office immediately when they are elected and qualified, and for purposes of computing their terms of office the terms shall be assumed to commence on the first day of January ((of)) in the year after they are elected. ((The term of each nominee for park commissioner shall be expressed on the ballot.)) Thereafter, all commissioners shall ((serve)) be elected to six-year terms of office ((and)). All commissioners shall serve until their respective successors are elected and qualified and assume office in accordance with RCW 29.04.170. Vacancies shall occur and shall be filled ((by majority action of the remaining commissioners appointing a voter to fill the remainder of the term of the vacant commissioner position)) as provided in chapter 42.12 RCW.
Sec. 24. RCW 35A.01.070 and 1979 ex.s. c 18 s 1 are each amended to read as follows:
Where used in this title with reference to procedures established by this title in regard to a change of plan or classification of government, unless a different meaning is plainly required by the context:
(1) "Classify" means a change from a city of the first, second, or third class, or a town, to a code city.
(2) "Classification" means either that portion of the general law under which a city or a town operates under Title 35 RCW as a first, second, or third class city, unclassified city, or town, or otherwise as a code city.
(3) "Organize" means to provide for officers after becoming a code city, under the same general plan of government under which the city operated prior to becoming a code city, pursuant to RCW 35A.02.055.
(4) "Organization" means the general plan of government under which a city operates.
(5) "Plan of government" means ((either the)) a mayor-council form of government under chapter 35A.12 RCW, council-manager form of government under chapter 35A.13 RCW, or a mayor-council, council-manager, or commission form of government in general that is retained by a noncharter code city as provided in RCW 35A.02.130, without regard to variations in the number of elective offices or whether officers are elective or appointive.
(6) "Reclassify" means changing from a code city to the classification, if any, held by such a city immediately prior to becoming a code city.
(7) "Reclassification" means changing from city or town operating under Title 35 RCW to a city operating under Title 35A RCW, or vice versa; a change in classification.
(8) "Reorganize" means changing the plan of government under which a city or town operates to a different general plan of government, for which an election of new officers under RCW 35A.02.050 is required. A city or town shall not be deemed to have reorganized simply by increasing or decreasing the number of members of its legislative body.
(9) "Reorganization" means a change in general plan of government where an election of all new officers is required in order to accomplish this change, but an increase or decrease in the number of members of its legislative body shall not be deemed to constitute a reorganization.
Sec. 25. RCW 35A.02.050 and 1979 ex.s. c 18 s 7 are each amended to read as follows:
The first election of officers where required for reorganization under a different general plan of government newly adopted in a manner provided in RCW 35A.02.020, 35A.02.030, 35A.06.030, or 35A.06.060, as now or hereafter amended, shall be at the next general municipal election if one is to be held more than ninety days but not more than one hundred and eighty days after certification of a reorganization ordinance or resolution, or otherwise at a special election to be held for that purpose in accordance with RCW 29.13.020. In the event that the first election of officers ((as herein provided)) is to be held at a general municipal election, such election shall be preceded by a primary election pursuant to RCW 29.21.010 and 29.13.070. In the event that the first election of all officers ((as herein provided)) is to be held at a special election rather than at a general election, and notwithstanding any provisions of any other law to the contrary, such special election shall be preceded by a primary election to be held on a date authorized by RCW 29.13.010, and the persons nominated at that primary election shall be voted upon at the next succeeding special election that is authorized by RCW 29.13.010: PROVIDED, That in the event the ordinances calling for reclassification or reclassification and reorganization under the provisions of Title 35A RCW have been filed with the secretary of state pursuant to RCW 35A.02.040 in an even-numbered year at least ninety days prior to a state general election then the election of new officers shall be concurrent with the state primary and general election and shall be conducted as set forth in ((chapter 35A.29 RCW)) general election law.
Upon reorganization, candidates for all offices shall file or be nominated for and successful candidates shall be elected to specific council positions((, and an)). The initial terms ((or)) of office for those elected at a first election of all officers ((to positions one and two for a five member council, or positions one through three for a seven member council, shall if the election occurs at a general municipal election be only until the second Monday in January first following the next general municipal election two years hence and if the election occurs at a special election, the duration of these initial terms shall be until the second Monday in January in the first even-numbered year that follows the next general municipal election. The duration of the initial term attaching to the remaining councilmanic positions shall be until the second Monday in January two years next thereafter, so that staggered regular four year terms will ultimately result. Any declarations of candidacy for any primary or other election held pursuant to this section shall be filed as provided in RCW 35A.29.110 as now or hereafter amended)) shall be as follows: (1) A simple majority of the persons who are elected as councilmembers receiving the greatest numbers of votes and the mayor in a city with a mayor-council plan of government shall be elected to four-year terms of office, if the election is held in an odd-numbered year, or three-year terms of office, if the election is held in an even-numbered year; and (2) the other persons who are elected as councilmembers shall be elected to two-year terms of office, if the election is held in an odd-numbered year, or one-year terms of office, if the election is held in an even-numbered year. The newly elected officials shall take office immediately when they are elected and qualified, but the length of their terms of office shall be calculated from the first day of January in the year following the election. Thereafter, each person elected as a councilmember or mayor in a city with a mayor-council plan of government shall be elected to a four-year term of office. Each councilmember and mayor in a city with a mayor-council plan of government shall serve until a successor is elected and qualified and assumes office as provided in RCW 29.04.170.
The former officers shall, upon the election and qualification of new officers, deliver to the proper officers of the reorganized noncharter code city all books of record, documents and papers in their possession belonging to such municipal corporation before the reorganization thereof. ((Officers elected at the first election of officers held pursuant to this amendatory act shall assume office as soon as the election returns have been certified.))
Sec. 26. RCW 35A.02.130 and 1967 ex.s. c 119 s 35A.02.130 are each amended to read as follows:
Any incorporated city or town governed under a plan of government authorized prior to the time this title takes effect may become a noncharter code city without changing such plan of government by the use of the petition-for-election or resolution-for-election procedures provided in RCW 35A.02.060 and 35A.02.070 to submit to the voters a proposal that such municipality adopt the classification of noncharter code city while retaining its existing plan of government, and upon a favorable vote on the proposal, such municipality shall be classified as a noncharter code city and retain its old plan of government, such reclassification to be effective upon the filing of the record of such election with the office of the secretary of state. Insofar as the provisions of RCW 35A.02.100 and 35A.02.110 are applicable to an election on such a reclassification proposal they shall apply to such election.
Sec. 27. RCW 35A.06.020 and 1967 ex.s. c 119 s 35A.06.020 are each amended to read as follows:
The classifications of municipalities which existed prior to the time this title goes into effect--first class city, second class city, third class ((and fourth class)) city, town, and unclassified city--and the restrictions, limitations, duties, and obligations specifically imposed by law upon such classes of cities and towns, shall have no application to noncharter code cities, but every noncharter code city, by adopting such classification, has elected to be governed by the provisions of this title, with the powers granted hereby. However, any code city that retains its old plan of government is subject to the laws applicable to that old plan of government until the city changes its plan of government to the provisions of either chapter 35A.12 or 35A.13 RCW.
Sec. 28. RCW 35A.06.030 and 1979 ex.s. c 18 s 14 are each amended to read as follows:
By use of the resolution for election or petition for election methods described in RCW 35A.06.040, any noncharter code city which has operated for more than six consecutive years under one of the optional plans of government authorized by this title, or for more than a combined total of six consecutive years under a particular plan of government both as a code city and under the same general plan under Title 35 RCW immediately prior to becoming a code city, may abandon such organization and may reorganize and adopt another plan of government authorized for noncharter code cities, but only after having been a noncharter code city for more than one year or a city after operating for more than six consecutive years under a particular plan of government as a noncharter code city ((or may reclassify and adopt a plan of government authorized by the general law for municipalities of the highest class for which the population of such city qualifies it, or authorized for the class to which such city belonged immediately prior to becoming a noncharter code city, if any)): PROVIDED, That these limitations shall not apply to a city seeking to adopt a charter.
In reorganization under a different general plan of government as a noncharter code city, officers shall all be elected as provided in RCW 35A.02.050. When a noncharter code city adopts a plan of government other than those authorized under Title 35A RCW, such city ceases to be governed under this optional municipal code and shall be classified as a city or town of the class selected in the proceeding for adoption of such new plan, with the powers granted to such class under the general law.
Sec. 29. RCW 35A.06.050 and 1979 ex.s. c 18 s 15 are each amended to read as follows:
The proposal for abandonment of a plan of government as authorized in RCW 35A.06.030 and for adoption of the plan named in the resolution or petition shall be voted upon at the next general municipal election if one is to be held within one hundred and eighty days or otherwise at a special election called for that purpose in accordance with RCW 29.13.020. The ballot title and statement of the proposition shall be prepared by the city attorney as provided in RCW 29.27.060 and 35A.29.120((, as now or hereafter amended. If the plan proposed in the petition is not a plan authorized for noncharter code cities by this title, the ballot statement shall clearly set forth that adoption of such plan by the voters would require abandonment of the classification of noncharter code city and that government would be under the general law relating to cities of the class specified in the resolution or petition. If the plan proposed in the petition is a plan authorized for noncharter code cities the ballot statement shall clearly set forth that adoption of such plan by the voters would not affect the eligibility of the noncharter code city to be governed under this optional municipal code)).
Sec. 30. RCW 35A.12.010 and 1985 c 106 s 1 are each amended to read as follows:
The government of any noncharter code city or charter code city electing to adopt the mayor-council plan of government authorized by this chapter shall be vested in an elected mayor and an elected council. The council of a noncharter code city having less than twenty-five hundred inhabitants shall consist of five members; when there are twenty-five hundred or more inhabitants, the council shall consist of seven members: PROVIDED, That if the population of a city after having become a code city decreases from twenty-five hundred or more to less than twenty-five hundred, it shall continue to have a seven member council. If, after a city has become a mayor-council code city, its population increases to twenty-five hundred or more inhabitants, the number of councilmanic offices in such city may increase from five to seven members upon the affirmative vote of a majority of the existing council to increase the number of councilmanic offices in the city. When the population of a mayor-council code city having five councilmanic offices increases to five thousand or more inhabitants, the number of councilmanic offices in the city shall increase from five to seven members. In the event of an increase in the number of councilmanic offices, the city council shall, by majority vote, pursuant to RCW 35A.12.050, appoint two persons to serve in these offices until the next municipal general election, at which election one person shall be elected for a two-year term and one person shall be elected for a four-year term. The number of inhabitants shall be determined by the most recent official state or federal census or determination by the state office of financial management. A charter adopted under the provisions of this title, incorporating the mayor-council plan of government set forth in this chapter, may provide for an uneven number of ((councilmen)) councilmembers not exceeding eleven.
A noncharter code city of less than five thousand inhabitants which has elected the mayor-council plan of government and which has seven councilmanic offices may establish a five-member council in accordance with the following procedure. At least six months prior to a municipal general election, the city council shall adopt an ordinance providing for reduction in the number of councilmanic offices to five. The ordinance shall specify which two councilmanic offices, the terms of which expire at the next general election, are to be terminated. The ordinance shall provide for the renumbering of council positions and shall also provide for a two-year extension of the term of office of a retained councilmanic office, if necessary, in order to comply with RCW 35A.12.040.
However, a noncharter code city that has retained its old mayor-council plan of government, as provided in RCW 35A.02.130, is subject to the laws applicable to that old plan of government.
Sec. 31. RCW 35A.12.040 and 1979 ex.s. c 18 s 21 are each amended to read as follows:
Officers shall be elected at biennial municipal elections to be conducted as provided in chapter 35A.29 RCW. The mayor and the ((councilmen)) councilmembers shall be elected for four-year terms of office and until their successors are elected and qualified((; except that at any first election three councilmen in cities having seven councilmen, and two councilmen in cities having five councilmen, shall be elected for two year terms and the remaining councilmen shall be elected for four year terms)) and assume office in accordance with RCW 29.04.170. At any first election upon reorganization, councilmembers shall be elected as provided in RCW 35A.02.050. Thereafter the requisite number of ((councilmen)) councilmembers shall be elected biennially as the terms of their predecessors expire and shall serve for terms of four years. The positions to be filled on the city council shall be designated by consecutive numbers and shall be dealt with as separate offices for all election purposes((, as provided in RCW 35A.29.105. In any city which holds its first election under this title in the calendar year 1970, candidates elected for two year terms shall hold office until their successors are elected and qualified at the general municipal election to be held in November, 1973 and candidates elected for four year terms shall hold office until their successors are elected and qualified at the general municipal election to be held in November, 1975)). Election to positions on the council shall be by majority vote from the city at large, unless provision is made by charter or ordinance for election by wards. ((The city council shall be the judge of the qualifications of its members and determine contested elections of city officers, subject to review by certiorari as provided by law.)) The mayor and ((councilmen)) councilmembers shall qualify by taking an oath or affirmation of office and as may be provided by law, charter, or ordinance.
Sec. 32. RCW 35A.12.050 and 1967 ex.s. c 119 s 35A.12.050 are each amended to read as follows:
The office of a mayor or ((councilman)) councilmember shall become vacant if ((he)) the person who is elected or appointed to that position fails to qualify as provided by law ((or)), fails to enter upon ((his)) the duties of that office at the time fixed by law without a justifiable reason, ((upon his death, resignation, removal from office by recall as provided by law, or when his office is forfeited)) or as provided in RCW 35A.12.060 or 42.12.010. A vacancy in the office of mayor or in the council shall be filled ((for the remainder of the unexpired term, if any, at the next regular municipal election but the council, or the remaining members thereof, by majority vote shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. If at any time the membership of the council is reduced below the number required for a quorum, the remaining members, nevertheless, by majority action may appoint additional members to fill the vacancies until persons are elected to serve the remainder of the unexpired terms. If, after thirty days have passed since the occurrence of a vacancy, the council are unable to agree upon a person to be appointed to fill a vacancy in the council, the mayor may make the appointment from among the persons nominated by members of the council)) as provided in chapter 42.12 RCW.
Sec. 33. RCW 35A.12.060 and 1967 ex.s. c 119 s 35A.12.060 are each amended to read as follows:
((A mayor or councilman shall forfeit his office, creating a vacancy, if he ceases to have the qualifications prescribed for such office by law, charter, or ordinance, or if he is convicted of a crime involving moral turpitude or an offense involving a violation of his oath of office. A councilman also shall forfeit his office if he)) In addition a council position shall become vacant if the councilmember fails to attend three consecutive regular meetings of the council without being excused by the council.
Sec. 34. RCW 35A.12.180 and 1967 ex.s. c 119 s 35A.12.180 are each amended to read as follows:
At any time not within three months previous to a municipal general election the council of a noncharter code city organized under this chapter may divide the city into wards or change the boundaries of existing wards. No change in the boundaries of wards shall affect the term of any ((councilman, but he)) councilmember, and councilmembers shall serve out ((his)) their terms in the wards of ((his)) their residences at the time of ((his)) their elections: PROVIDED, That if this results in one ward being represented by more ((councilmen)) councilmembers than the number to which it is entitled those having the shortest unexpired terms shall be assigned by the council to wards where there is a vacancy, and the councilmembers so assigned shall be deemed to be residents of the wards to which they are assigned for purposes of those positions being vacant. The representation of each ward in the city council shall be in proportion to the population as nearly as is practicable. ((When the city has been divided into wards no person shall be eligible to the office of councilman unless he resides in the ward for which he is elected on the date of his election, and removal of his residence from the ward for which he was elected renders his office vacant.))
Wards shall be redrawn as provided in chapter 29.70 RCW. Wards shall be used as follows: (1) Only a resident of the ward may be a candidate for, or hold office as, a councilmember of the ward; and (2) only voters of the ward may vote at a primary to nominate candidates for a councilmember of the ward. Voters of the entire city may vote at the general election to elect a councilmember of a ward, unless the city had prior to January 1, 1994, limited the voting in the general election for any or all council positions to only voters residing within the ward associated with the council positions. If a city had so limited the voting in the general election to only voters residing within the ward, then the city shall be authorized to continue to do so.
Sec. 35. RCW 35A.13.010 and 1987 c 3 s 16 are each amended to read as follows:
The ((councilmen)) councilmembers shall be the only elective officers of a code city electing to adopt the council-manager plan of government authorized by this chapter, except where statutes provide for an elective municipal judge. The council shall appoint an officer whose title shall be "city manager" who shall be the chief executive officer and head of the administrative branch of the city government. The city manager shall be responsible to the council for the proper administration of all affairs of the code city. The council of a noncharter code city having less than twenty-five hundred inhabitants shall consist of five members; when there are twenty-five hundred or more inhabitants the council shall consist of seven members: PROVIDED, That if the population of a city after having become a code city decreases from twenty-five hundred or more to less than twenty-five hundred, it shall continue to have a seven member council. If, after a city has become a council-manager code city its population increases to twenty-five hundred or more inhabitants, the number of councilmanic offices in such city may increase from five to seven members upon the affirmative vote of a majority of the existing council to increase the number of councilmanic offices in the city. When the population of a council-manager code city having five councilmanic offices increases to five thousand or more inhabitants, the number of councilmanic offices in the city shall increase from five to seven members. In the event of an increase in the number of councilmanic offices, the city council shall, by majority vote, pursuant to RCW 35A.13.020, appoint two persons to serve in these offices until the next municipal general election, at which election one person shall be elected for a two-year term and one person shall be elected for a four-year term. The number of inhabitants shall be determined by the most recent official state or federal census or determination by the state office of financial management. A charter adopted under the provisions of this title, incorporating the council-manager plan of government set forth in this chapter may provide for an uneven number of ((councilmen)) councilmembers not exceeding eleven.
A noncharter code city of less than five thousand inhabitants which has elected the council-manager plan of government and which has seven councilmanic offices may establish a five-member council in accordance with the following procedure. At least six months prior to a municipal general election, the city council shall adopt an ordinance providing for reduction in the number of councilmanic offices to five. The ordinance shall specify which two councilmanic offices, the terms of which expire at the next general election, are to be terminated. The ordinance shall provide for the renumbering of council positions and shall also provide for a two-year extension of the term of office of a retained councilmanic office, if necessary, in order to comply with RCW 35A.12.040.
However, a noncharter code city that has retained its old council-manager plan of government, as provided in RCW 35A.02.130, is subject to the laws applicable to that old plan of government.
Sec. 36. RCW 35A.13.020 and 1975 1st ex.s. c 155 s 1 are each amended to read as follows:
In council-manager code cities, eligibility for election to the council, the manner of electing councilmen, the numbering of council positions, the terms of councilmen, the occurrence and the filling of vacancies, the grounds for forfeiture of office, and appointment of a mayor pro tempore or deputy mayor or councilman pro tempore shall be governed by the corresponding provisions of RCW 35A.12.030, 35A.12.040, 35A.12.050, 35A.12.060, and 35A.12.065 relating to the council of a code city organized under the mayor-council plan((: PROVIDED, That)), except that in council-manager cities where all council positions are at-large positions, the city council may, pursuant to RCW 35A.13.033, provide that the person elected to council position one ((on or after September 8, 1975,)) shall be the council chairman and shall carry out the duties prescribed by RCW 35A.13.030((, as now or hereafter amended)).
Sec. 37. RCW 35A.14.060 and 1967 ex.s. c 119 s 35A.14.060 are each amended to read as follows:
An annexation election shall be held in accordance with ((chapter 35A.29 RCW of this title)) general election law and only registered voters who have resided in the area proposed to be annexed for ninety days immediately preceding the election shall be allowed to vote therein.
Sec. 38. RCW 35A.14.070 and 1979 ex.s. c 124 s 4 are each amended to read as follows:
Notice of an annexation election shall particularly describe the boundaries of the area proposed to be annexed, as the same may have been modified by the boundary review board or the county annexation review board, state the objects of the election as prayed in the petition or as stated in the resolution, and require the voters to cast ballots which shall contain the words "For Annexation" or "Against Annexation" or words equivalent thereto, or contain the words "For Annexation and Adoption of Proposed Zoning Regulation", and "Against Annexation and Adoption of Proposed Zoning Regulation", or words equivalent thereto in case the simultaneous adoption of a proposed zoning regulation is proposed, and in case the assumption of all or a portion of indebtedness is proposed, shall contain an appropriate, separate proposition for or against the portion of indebtedness that the city requires to be assumed. The notice shall be posted for at least two weeks prior to the date of election in four public places within the area proposed to be annexed and published at least once a week for two weeks prior to the date of election in a newspaper of general circulation within the limits of the territory proposed to be annexed. Such notice shall be in addition to the notice required by ((RCW 35A.29.140)) general election law.
Sec. 39. RCW 35A.15.040 and 1967 ex.s. c 119 s 35A.15.040 are each amended to read as follows:
((The election shall be conducted and the returns canvassed as provided in chapter 35A.29 RCW.)) Ballot titles shall be prepared by the city as provided in RCW 35A.29.120 and shall contain the words "For Dissolution" and "Against Dissolution", and shall contain on separate lines, alphabetically, the names of candidates for receiver. If a majority of the votes cast on the proposition are for dissolution, the municipal corporation shall be dissolved upon certification of the election results to the office of the secretary of state.
Sec. 40. RCW 35A.16.030 and 1967 ex.s. c 119 s 35A.16.030 are each amended to read as follows:
((The election returns shall be canvassed as provided in RCW 35A.29.070 and)) If three-fifths of the votes cast on the proposition favor the reduction of the corporate limits, the ((legislative body, by an order entered on its minutes, shall direct the clerk to)) county auditor shall make and transmit to the office of the secretary of state a certified abstract of the vote.
NEW SECTION. Sec. 41. A new section is added to chapter 35A.29 RCW to read as follows:
Elections for code cities shall comply with general election law.
Sec. 42. RCW 36.69.020 and 1969 c 26 s 2 are each amended to read as follows:
The formation of a park and recreation district shall be initiated by a petition designating the boundaries thereof by metes and bounds, or by describing the land to be included therein by townships, ranges and legal subdivisions. Such petition shall set forth the object of the district and state that it will be conducive to the public welfare and convenience, and that it will be a benefit to the area therein. Such petition shall be signed by not less than fifteen percent of the registered voters residing within the area so described. ((No person signing the petition may withdraw his name therefrom after filing.)) The name of a person who has signed the petition may not be withdrawn from the petition after the petition has been filed.
The petition shall be filed with the auditor of the county within which the proposed district is located, accompanied by an obligation signed by two or more petitioners, agreeing to pay the cost of the publication of the notice provided for in RCW 36.69.040. The county auditor shall, within thirty days from the date of filing the petition, examine the signatures and certify to the sufficiency or insufficiency thereof((; and for that purpose shall have access to all registration books or records in the possession of the registration officers of the election precincts included, in whole or in part, within the proposed district. Such books and records shall be prima facie evidence of the truth of the certificate)).
If the petition is found to contain a sufficient number of signatures of qualified persons, the auditor shall transmit it, together with ((his)) a certificate of sufficiency attached thereto, to the county ((commissioners who)) legislative authority, which shall by resolution entered upon ((their)) its minutes((,)) receive it and fix a day and hour when ((they)) the legislative authority will publicly hear the petition, as provided in RCW 36.69.040.
Sec. 43. RCW 36.69.070 and 1979 ex.s. c 126 s 28 are each amended to read as follows:
((All elections pursuant to this chapter shall be conducted in accordance with the provisions of chapter 29.13 RCW for district elections.)) A ballot proposition authorizing the formation of the proposed park and recreation district shall be submitted to the voters of the proposed district for their approval or rejection at the next general state election occurring sixty or more days after the county legislative authority fixes the boundaries of the proposed district. Notices of the election for the formation of the park and recreation district shall state generally and briefly the purpose thereof and shall give the boundaries of the proposed district((, define the election precincts, designate the polling place of each, give the names of the five nominated park and recreation commissioner candidates of the proposed district,)) and name the day of the election and the hours during which the polls will be open. The proposition to be submitted to the voters shall be stated in such manner that the voters may indicate yes or no upon the proposition of forming the proposed park and recreation district. ((The ballot shall be so arranged that voters may vote for the five nominated candidates or may write in the names of other candidates.))
The initial park and recreation commissioners shall be elected at the same election, but this election shall be null and void if the district is not authorized to be formed. No primary shall be held to nominate candidates for the initial commissioner positions. Candidates shall run for specific commission positions. A special filing period shall be opened as provided in RCW 29.15.170 and 29.15.180. The person who receives the greatest number of votes for each commission position shall be elected to that position. The three persons who are elected receiving the greatest number of votes shall be elected to four-year terms of office if the election is held in an odd-numbered year or three-year terms of office if the election is held in an even-numbered year. The other two persons who are elected shall be elected to two-year terms of office if the election is held in an odd-numbered year or one-year terms of office if the election is held in an even-numbered year. The initial commissioners shall take office immediately upon being elected and qualified, but the length of such terms shall be computed from the first day of January in the year following this election.
Sec. 44. RCW 36.69.080 and 1979 ex.s. c 126 s 29 are each amended to read as follows:
If a majority of all votes cast upon the proposition favors the formation of the district, (([the])) the county legislative authority shall(([,])), by resolution, declare the territory organized as a park and recreation district under the designated name ((theretofore designated, and shall declare the candidate from each subdivision receiving the highest number of votes for park and recreation commissioner the duly elected first park and recreation commissioner of the subdivision of the district. These initial park and recreation commissioners shall take office immediately upon their election and qualification and hold office until their successors are elected and qualified and assume office as provided in RCW 36.69.090 as now or hereafter amended)).
Sec. 45. RCW 36.69.090 and 1987 c 53 s 1 are each amended to read as follows:
A park and recreation district shall be governed by a board of five commissioners. Except for the initial commissioners, all commissioners shall be elected to staggered four-year terms of office and shall serve until their successors are elected and qualified and assume office in accordance with RCW 29.04.170. Candidates shall run for specific commissioner positions.
Elections for park and recreation district commissioners shall be held biennially in conjunction with the general election in each odd-numbered year. ((Residence anywhere within the district shall qualify an elector for any position on the commission after the initial election.)) Elections shall be held in accordance with the provisions of Title 29 RCW dealing with general elections. ((All commissioners shall serve until their successors are elected and qualified and assume office in accordance with RCW 29.04.170. At the first election following the formation of the district, the two candidates receiving the highest number of votes shall serve for terms of four years, and the three candidates receiving the next highest number of votes shall serve for two years. Thereafter all commissioners shall be elected for four year terms: PROVIDED, That if there would otherwise be two commissioners elected at the November 1987 general election, the candidate receiving the highest number of votes shall serve a four-year term, and the commissioner receiving the second highest number of votes shall serve a two-year term.))
Sec. 46. RCW 36.69.100 and 1963 c 4 s 36.69.100 are each amended to read as follows:
Vacancies on the board of park and recreation commissioners shall occur and shall be filled ((by a majority vote of the remaining commissioners)) as provided in chapter 42.12 RCW.
Sec. 47. RCW 36.69.440 and 1979 ex.s. c 11 s 3 are each amended to read as follows:
(1) If the petition filed under RCW 36.69.430 is found to contain a sufficient number of signatures, the legislative authority of each county shall set a time for a hearing on the petition for the formation of a park and recreation district as prescribed in RCW 36.69.040.
(2) At the public hearing the legislative authority ((for each authority)) for each county shall fix the boundaries for that portion of the proposed park and recreation district that lies within the county as provided in RCW 36.69.050. Each county shall notify the other county or counties of the determination of the boundaries within ten days.
(3) If the territories created by the county legislative authorities are not contiguous, a joint park and recreation district shall not be formed. If the territories are contiguous, the county containing the portion of the proposed joint district having the larger population shall determine the name of the proposed joint district.
(4) ((If the proposed district encompasses portions of two counties, the county containing the portion of the district having the larger population shall divide the territory into three subdivisions and shall name three resident electors as prescribed by RCW 36.69.060. The county containing the territory having the smaller population shall divide that territory into two subdivisions and name two resident electors.
(5) If the proposed district encompasses portions of more than two counties, the district shall be divided into five subdivisions and resident electors shall be named as follows:
The number of subdivisions and resident electors to be established by each county shall reflect the proportion of population within each county portion of the proposed district in relation to the total population of the proposed district, provided that each county shall designate one subdivision and one resident elector.
(6))) The proposition for the formation of the proposed joint park and recreation district shall be submitted to the voters of the district at the next general election, which election shall be conducted as required by RCW 36.69.070 and 36.69.080.
Sec. 48. RCW 52.14.010 and 1985 c 330 s 2 are each amended to read as follows:
The affairs of the district shall be managed by a board of fire commissioners composed of three ((resident electors of)) registered voters residing in the district except as provided in RCW 52.14.015 and 52.14.020. Each member shall each receive fifty dollars per day or portion thereof, not to exceed four thousand eight hundred dollars per year, for attendance at board meetings and for performance of other services in behalf of the district.
In addition, they shall receive necessary expenses incurred in attending meetings of the board or when otherwise engaged in district business, and shall be entitled to receive the same insurance available to all ((firemen)) fire fighters of the district: PROVIDED, That the premiums for such insurance, except liability insurance, shall be paid by the individual commissioners who elect to receive it.
Any commissioner may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the secretary as provided in this section. The waiver, to be effective, must be filed any time after the commissioner's election and prior to the date on which ((said)) the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made.
The board shall fix the compensation to be paid the secretary and all other agents and employees of the district. The board may, by resolution adopted by unanimous vote, authorize any of its members to serve as volunteer ((firemen)) fire fighters without compensation. A commissioner actually serving as a volunteer ((fireman)) fire fighter may enjoy the rights and benefits of a volunteer ((fireman)) fire fighter. ((The first commissioners shall take office immediately when qualified in accordance with RCW 29.01.135 and shall serve until after the next general election for the selection of commissioners and until their successors have been elected and have qualified and have assumed office in accordance with RCW 29.04.170.))
Sec. 49. RCW 52.14.013 and 1992 c 74 s 2 are each amended to read as follows:
The board of fire commissioners of a fire protection district may adopt a resolution by unanimous vote causing a ballot proposition to be submitted to voters of the district authorizing the creation of commissioner districts. The board of fire commissioners shall create commissioner districts if the ballot proposition authorizing the creation of commissioner districts is approved by a simple majority vote of the voters of the fire protection district voting on the proposition. Three commissioner districts shall be created for a fire protection district with three commissioners, and five commissioner districts shall be created for a fire protection district with five commissioners. No two commissioners may reside in the same commissioner district.
No change in the boundaries of any commissioner district shall be made within one hundred twenty days next before the date of a general district election, nor within twenty months after the commissioner districts have been established or altered. However, if a boundary change results in one commissioner district being represented by two or more commissioners, those commissioners having the shortest unexpired terms shall be assigned by the commission to commissioner districts where there is a vacancy, and the commissioners so assigned shall be deemed to be residents of the commissioner districts to which they are assigned for purposes of determining whether those positions are vacant.
The population of each commissioner district shall include approximately equal population. Commissioner districts shall be redrawn as provided in chapter 29.70 RCW. Commissioner districts shall be used as follows: (1) Only a registered voter who resides in a commissioner district may be a candidate for, or serve as, a commissioner of the commissioner district; and (2) only voters of a commissioner district may vote at a primary to nominate candidates for a commissioner of the commissioner district. Voters of the entire fire protection district may vote at a general election to elect a person as a commissioner of the commissioner district.
When a board of fire commissioners that has commissioner districts has been increased to five members under RCW 52.14.015, the board of fire commissioners shall divide the fire protection district into five commissioner districts before it appoints the two additional fire commissioners. The two additional fire commissioners who are appointed shall reside in separate commissioner districts in which no other fire commissioner resides.
Sec. 50. RCW 52.14.015 and 1990 c 259 s 14 are each amended to read as follows:
In the event a three member board of commissioners of any fire protection district determines by resolution ((and approves by unanimous vote of the board)) that it would be in the best interest of the district to increase the number of commissioners from three to five, or in the event the board is presented with a petition signed by ten percent of the registered voters resident within the district who voted in the last general municipal election calling for such an increase in the number of commissioners of the district, the board shall submit a resolution to the county legislative authority or authorities of the county or counties in which the district is located requesting that an election be held. Upon receipt of the resolution, the legislative authority or authorities of the county or counties shall call a special election to be held within the fire protection district at which election the following proposition shall be submitted to the voters substantially as follows:
Shall the board of commissioners of . . . . . county fire protection district no. . . . . . be increased from three members to five members?
Yes . . . . .
No . . . . . .
If the fire protection district is located in more than a single county, this proposition shall indicate the name of the district.
If the proposition receives a majority approval at the election, the board of commissioners of the fire protection district shall be increased to five members. The two additional members shall be appointed in the same manner as provided in RCW 52.14.020.
Sec. 51. RCW 52.14.030 and 1984 c 230 s 31 are each amended to read as follows:
((The polling places for district elections shall be those of the county voting precincts which include any of the territory within the fire protection districts. District elections)) The polling places for a fire protection district election may be located inside or outside the boundaries of the district ((and)), as determined by the auditor of the county in which the fire protection district is located, and the elections of the fire protection district shall not be held to be irregular or void on that account.
Sec. 52. RCW 52.14.050 and 1989 c 63 s 21 are each amended to read as follows:
((In the event of a vacancy occurring in the office of fire commissioner, the vacancy shall, within sixty days, be filled by appointment of a resident elector of the district by a vote of the remaining fire commissioners. If the board of commissioners fails to fill the vacancy within the sixty-day period, the county legislative authority of the county in which all, or the largest portion, of the district is located shall make the appointment. If the number of vacancies is such that there is not a majority of the full number of commissioners in office as fixed by law, the county legislative authority of the county in which all, or the largest portion, of the district is located shall appoint someone to fill each vacancy, within thirty days of each vacancy, that is sufficient to create a majority as prescribed by law.
An appointee shall serve ad interim until a successor has been elected and qualified at the next general election as provided in chapter 29.21 RCW. A person who is so elected shall take office immediately after he or she is qualified and shall serve for the remainder of the unexpired term.))
Vacancies on a board of fire commissioners shall occur as provided in chapter 42.12 RCW. In addition, if a fire commissioner is absent from the district for three consecutive regularly scheduled meetings unless by permission of the board, the office shall be declared vacant by the board of commissioners ((and the vacancy shall be filled as provided for in this section)). However, such an action shall not be taken unless the commissioner is notified by mail after two consecutive unexcused absences that the position will be declared vacant if the commissioner is absent without being excused from the next regularly scheduled meeting. Vacancies ((additionally shall occur)) on a board of fire commissioners shall be filled as provided in chapter 42.12 RCW.
Sec. 53. RCW 52.14.060 and 1989 c 63 s 22 are each amended to read as follows:
The initial three members of the board of fire commissioners shall be elected at the same election as when the ballot proposition is submitted to the voters authorizing the creation of the fire protection district. If the district is not authorized to be created, the election of the initial fire commissioners shall be null and void. If the district is authorized to be created, the initial fire commissioners shall take office immediately when qualified. Candidates shall file for each of the three separate fire commissioner positions. Elections shall be held as provided in chapter 29.21 RCW, with the county auditor opening up a special filing period as provided in RCW ((29.21.360 and 29.21.370)) 29.15.170 and 29.15.180, as if there were a vacancy. The ((candidate for each position)) person who receives the greatest number of votes for each position shall be elected to that position. ((If the election is held in an odd-numbered year, the winning candidate receiving the highest number of votes shall hold office for a term of six years, the winning candidate receiving the next highest number of votes shall hold office for a term of four years, and the candidate receiving the next highest number of votes shall serve for a term of two years. If the election were held in an even-numbered year, the winning candidate receiving the greatest number of votes shall hold office for a term of five years, the winning candidate receiving the next highest number of votes shall hold office for a term of three years, and the winning candidate receiving the next highest number of votes shall hold office for a term of one year.)) The terms of office of the initial fire commissioners shall be staggered as follows: (1) The person who is elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or a five-year term of office if the election is held in an even-numbered year; (2) the person who is elected receiving the next greatest number of votes shall be elected to a four-year term of office if the election is held in an odd-numbered year or a three-year term of office if the election is held in an even-numbered year; and (3) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year. The initial commissioners shall take office immediately when elected and qualified and their terms of office ((of the initially elected fire commissioners)) shall be calculated from the first day of January in the year following their election.
The term of office of each subsequent commissioner shall be six years. Each commissioner shall serve until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170.
Sec. 54. RCW 53.12.140 and 1959 c 17 s 9 are each amended to read as follows:
A vacancy in the office of port commissioner shall occur ((by death, resignation, removal, conviction of a felony,)) as provided in chapter 42.12 RCW or by nonattendance at meetings of the port commission for a period of sixty days unless excused by the port commission((, by any statutory disqualification, or by any permanent disability preventing the proper discharge of his duty)). A vacancy on a port commission shall be filled as provided in chapter 42.12 RCW.
Sec. 55. RCW 54.08.060 and 1979 ex.s. c 126 s 36 are each amended to read as follows:
Whenever a proposition for the formation of a public utility district is to be submitted to voters in any county, the county legislative authority may by resolution call a special election, and at the request of petitioners for the formation of such district contained in the petition shall do so and shall provide for holding the same at the earliest practicable time. If the boundaries of the proposed district embrace an area less than the entire county, such election shall be confined to the area so included. The notice of such election shall state the boundaries of the proposed district and the object of such election; in other respects, such election shall be held and called in the same manner as provided by law for the holding and calling of general elections: PROVIDED, That notice thereof shall be given for not less than ten days nor more than thirty days prior to such special election. In submitting the ((said)) proposition to the voters for their approval or rejection, such proposition shall be expressed on the ballots in substantially the following terms:
Public Utility District No. ______ YES
Public Utility District No. ______ NO
At the same special election on the proposition to form a public utility district, there shall also be an election for three public utility district commissioners((: PROVIDED, That)). However, the election of such commissioners shall be null and void if the proposition to form the public utility district does not receive approval by a majority of the voters voting on the proposition. ((Nomination for and election of public utility district commissioners shall conform with the provisions of RCW 54.12.010 as now or hereafter amended, except for the day of such election and the term of office of the original commissioners.)) No primary shall be held. A special filing period shall be opened as provided in RCW 29.15.170 and 29.15.180. The person receiving the greatest number of votes for the commissioner of each commissioner district shall be elected as the commissioner of that district. Commissioner districts shall be established as provided in RCW 54.12.010. The terms of the initial commissioners shall be staggered as follows: (1) The person who is elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an even-numbered year or a five-year term if the election is held in an odd-numbered year; (2) the person who is elected receiving the next greatest number of votes shall be elected to a four-year term of office if the election is held in an even-numbered year or a three-year term of office if the election is held in an odd-numbered year; and (3) the other person who is elected shall be elected to a two-year term of office if the election is held in an even-numbered year or a one-year term of office if the election is held in an odd-numbered year. The commissioners first to be elected at such special election shall ((hold office from the first day of the month following the commissioners' election for the terms as specified in this section which terms shall be computed from the first day in January next following the election. If such special election was held in an even-numbered year, the commissioners residing in commissioner district number one shall hold office for the term of six years, the commissioner residing in commissioner district number two shall hold office for the term of four years, and the commissioner residing in commissioner district number three shall hold office for the term of two years. If such special election was held in an odd-numbered year, the commissioner residing in commissioner district number one shall hold office for the term of five years, the commissioner residing in commissioner district number two shall hold office for the term of three years, and the commissioner residing in commissioner district number three shall hold office for the term of one year)) assume office immediately when they are elected and qualified, but the length of their terms of office shall be calculated from the first day in January in the year following their elections.
The term "general election" as used herein means biennial general elections at which state and county officers in a noncharter county are elected.
Sec. 56. RCW 54.12.010 and 1990 c 59 s 109 are each amended to read as follows:
((Within ten days after such election, the county canvassing board shall canvass the returns, and if at such election a majority of the voters voting upon such proposition shall vote in favor of the formation of such district, the canvassing board shall so declare in its canvass of the returns of such election, and such public utility district shall then be and become)) A public utility district that is created as provided in RCW 54.08.010 shall be a municipal corporation of the state of Washington, and the name of such public utility district shall be Public Utility District No. . . . . of . . . . . . County.
The powers of the public utility district shall be exercised through a commission consisting of three members in three commissioner districts, and five members in five commissioner districts.
When the public utility district is ((coextensive with the limits of such county)) county-wide and the county has three county legislative authority districts, then, at the first election of commissioners and until any change shall have been made in the boundaries of public utility district commissioner districts, one public utility district commissioner shall be chosen from each of the three county ((commissioner)) legislative authority districts ((of the county in which the public utility district is located if the county is not operating under a "Home Rule" charter)). When the public utility district comprises only a portion of the county, with boundaries established in accordance with chapter 54.08 RCW, or when the public utility district is ((located in a county operating under a "Home Rule" charter)) county-wide and the county does not have three county legislative authority districts, three public utility district commissioner districts, numbered consecutively, ((having)) each with approximately equal population and ((boundaries,)) following ((ward and)) precinct lines, as far as practicable, shall be described in the petition for the formation of the public utility district, which shall be subject to appropriate change by the county legislative authority if and when ((they)) it changes the boundaries of the proposed public utility district, and one commissioner shall be elected ((from each of said)) as a commissioner of each of the public utility district commissioner districts. ((In all five commissioner districts an additional commissioner at large shall be chosen from each of the two at large districts. No person shall be eligible to be elected to the office of public utility district commissioner for a particular district commissioner district unless he is a registered voter of the public utility district commissioner district or at large district from which he is elected.)) Commissioner districts shall be used as follows: (1) Only a registered voter who resides in a commissioner district may be a candidate for, or hold office as, a commissioner of the commissioner district; and (2) only voters of a commissioner district may vote at a primary to nominate candidates for a commissioner of the commissioner district. Voters of the entire public utility district may vote at a general election to elect a person as a commissioner of the commissioner district.
((Except as otherwise provided,)) The term of office of each public utility district commissioner other than the commissioners at large shall be six years, and the term of each commissioner at large shall be four years. Each term shall be computed in accordance with RCW 29.04.170 following the commissioner's election. ((One commissioner at large and one commissioner from a commissioner district shall be elected at each general election held in an even-numbered year for the term of four years and six years respectively. All candidates shall be voted upon by the entire public utility district.
When a public utility district is formed, three public utility district commissioners shall be elected at the same election at which the proposition is submitted to the voters as to whether such public utility district shall be formed. If the general election adopting the proposition to create the public utility district was held in an even-numbered year, the commissioner residing in commissioner district number one shall hold office for the term of six years; the commissioner residing in commissioner district number two shall hold office for the term of four years; and the commissioner residing in commissioner district number three shall hold office for the term of two years. If the general election adopting the proposition to create the public utility district was held in an odd-numbered year, the commissioner residing in commissioner district number one shall hold office for the term of five years, the commissioner in district two shall hold office for the term of three years, and the commissioner in district three shall hold office for the term of one year. The commissioners first to be elected as above provided shall hold office from the first day of the month following the commissioners' election and their respective terms of office shall be computed from the first day of January next following the election.))
All public utility district commissioners shall hold office until their successors shall have been elected and have qualified and assume office in accordance with RCW 29.04.170. ((A filing for nomination for public utility district commissioner shall be accompanied by a petition signed by one hundred registered voters of the public utility district which shall be certified by the county auditor to contain the required number of registered voters, and shall otherwise be filed in accord with the requirements of Title 29 RCW. At the time of filing such nominating petition, the person so nominated shall execute and file a declaration of candidacy subject to the provisions of Title 29 RCW, as now or hereafter amended. The petition and each page of the petition shall state whether the nomination is for a commissioner from a particular commissioner district or for a commissioner at large and shall state the districts; otherwise it shall be void.))
A vacancy in the office of public utility district commissioner shall occur as provided in chapter 42.12 RCW or by ((death, resignation, removal, conviction of a felony,)) nonattendance at meetings of the public utility district commission for a period of sixty days unless excused by the public utility district commission((, by any statutory disqualification, or by any permanent disability preventing the proper discharge of his duty. In the event of a vacancy in said office, such vacancy shall be filled at the next general election held in an even-numbered year, the vacancy in the interim to be filled by appointment by the remaining commissioners. If more than one vacancy exists at the same time in a three commissioner district, or more than two in a five commissioner district, a special election shall be called by the county canvassing board upon the request of the remainder, or, that failing, by the county election board, such election to be held not more than forty days after the occurring of such vacancies.
A majority of the persons holding the office of public utility district commissioner at any time shall constitute a quorum of the commission for the transaction of business, and the concurrence of a majority of the persons holding such office at the time shall be necessary and shall be sufficient for the passage of any resolution, but no business shall be transacted, except in usual and ordinary course, unless there are in office at least a majority of the full number of commissioners fixed by law)). Vacancies on a board of public utility district commissioners shall be filled as provided in chapter 42.12 RCW.
The boundaries of the public utility district ((commissioners')) commissioner districts may be changed only by the public utility district commission, and shall be examined every ten years to determine substantial equality of population in accordance with chapter 29.70 RCW, but ((said)) the boundaries shall not be changed oftener than once in four years, and only when all members of the commission are present. Whenever territory is added to a public utility district under RCW 54.04.035, the boundaries of the public utility ((commissioners')) commissioner districts shall be changed to include such additional territory. The proposed change of the boundaries of the public utility district ((commissioners')) commissioner district must be made by resolution and after public hearing. Notice of the time of a public hearing thereon shall be published for two weeks prior thereto. Upon a referendum petition signed by ten percent of the qualified voters of the public utility district being filed with the county auditor, the county legislative authority shall submit such proposed change of boundaries to the voters of the public utility district for their approval or rejection. Such petition must be filed within ninety days after the adoption of resolution of the proposed action. The validity of ((said)) the petition shall be governed by the provisions of chapter 54.08 RCW.
Sec. 57. RCW 54.40.010 and 1977 ex.s. c 36 s 1 are each amended to read as follows:
A five commissioner public utility district is a district ((which shall have)) that (1) either: (a) Has or had a license from the federal power commission to construct a hydroelectric project of an estimated cost of more than two hundred and fifty million dollars, including interest during construction((, and which shall have received the approval of the)); or (b) has a population of five hundred thousand or more; and (2) voters of the district approved a ballot proposition authorizing the district to become a five commissioner district as provided ((herein)) under RCW 54.40.040. All other public utility districts shall be known as three commissioner districts.
Sec. 58. RCW 54.40.040 and 1977 ex.s. c 36 s 4 are each amended to read as follows:
A public utility district that has or had a license from the federal power commission to construct a hydroelectric project of an estimated cost of more than two hundred fifty million dollars, including interest during construction, or has a population of five hundred thousand or more, shall be classified as a five commissioner district ((only by approval of the qualified)) if voters of the district((. Such approval shall be by an election upon petition as hereinafter provided)) approve a ballot proposition authorizing the change. In submitting the question to the voters for their approval or rejection, the proposition shall be expressed on the ballot in substantially the following terms:
Shall Public Utility District No. . . . . be reclassified a Five Commissioner District for the purpose of increasing the number of commissioners to five. . . . . . . . . . . . . . . . . . . YES □
NO □
Should a majority of the voters voting on the question approve the proposition, the district shall be declared a five commissioner district upon the ((completion of the canvass)) certification of the election returns.
Sec. 59. RCW 54.40.050 and 1977 ex.s. c 36 s 5 are each amended to read as follows:
The question of reclassification of a public utility district that has or had a license from the federal power commission to construct a hydroelectric project of an estimated cost of more than two hundred fifty million dollars, including interest during construction, or has a population of five hundred thousand or more, as a five commissioner public utility district shall be submitted to the voters ((only upon filing)) if a petition proposing the change is filed with the county auditor of the county in which ((said)) the district is located, identifying the district by number and praying that an election be held to determine whether it shall become a five commissioner district. The petition must be signed by a number of ((qualified)) registered voters of the district equal to at least ten percent of the number of registered voters in the district who voted at the last general election((. In addition to the signature of the voter, the petition must indicate)) and include each signer's residence address ((and further indicate whether he is registered in a precinct in an unincorporated area or a precinct in an incorporated area and if the latter, give the name of the city or town wherein he is registered. Said)).
The petition shall be ((presented to)) filed with the county auditor for verification of the validity of the signatures. Within thirty days after receipt of the petition, the county auditor((, in conjunction with the city clerks of the incorporated areas in which any signer is registered,)) shall determine the sufficiency of the petition. If the petition is found insufficient, the person who filed the same shall be notified by mail and he shall have an additional fifteen days from the date of mailing such notice within which to submit additional signatures, and the county auditor shall have an additional thirty days after the submission of such additional signatures to determine the validity of the entire petition. No signature may be withdrawn after the petition has been filed.
If the petition, including these additional signatures if any, is found sufficient, the county auditor shall certify ((such fact)) its sufficiency to the public utility district and if the commissioners of the public utility district ((have theretofore)) had certified to the county auditor the eligibility of the district for reclassification as provided in this chapter, the county auditor shall submit to the voters of the district the question of whether the district shall become a five commissioner district. ((Such)) The election shall be held ((on a date fixed by the county auditor which date shall be held at the next general election after the date on which he certified the sufficiency of the petition. Notice of any election on the question shall be given in the manner prescribed for notice of an election on the formation of a public utility district)) at the next state general election occurring sixty or more days after the petition was certified as having sufficient valid signatures.
Sec. 60. RCW 54.40.060 and 1977 ex.s. c 36 s 6 are each amended to read as follows:
If the reclassification to a five commissioner district is approved by the voters, the public utility district commission within ((ten)) sixty days after the results of said election are certified shall divide the public utility district into two districts of as nearly equal population ((and area)) as possible, and shall designate ((such)) the districts as ((At Large)) District A and ((At Large)) District B.
Sec. 61. RCW 54.40.070 and 1977 ex.s. c 36 s 7 are each amended to read as follows:
Within thirty days after the public utility district commission ((shall)) divides the district into ((two at large districts)) District A and District B, the county legislative authority shall call a special election, to be held at the next ((scheduled)) special election ((called pursuant to)) date provided for under RCW 29.13.010((, or not more than ninety days after such)) that occurs sixty or more days after the call, at which time the initial commissioners ((to such at large districts)) for District A and District B shall be elected((,)). No primary shall be held and a special filing period shall be opened as provided in RCW 29.15.170 and 29.15.180. The person receiving the greatest number of votes for each position shall be elected.
The person who is elected receiving the ((largest)) greatest number of votes ((to serve for four years)) shall be elected to a four-year term of office, and the other person ((receiving the next largest number of votes to serve an initial term of two years)) who is elected shall be elected to a two-year term of office, if the election is held in an even-numbered year, or the person who is elected receiving the greatest number of votes shall be elected to a three-year term of office, and the other person who is elected shall be elected to a one-year term of office, if the election is held in an odd-numbered year. The length of these terms of office shall be calculated from the first day in January in the year following their elections.
The newly elected commissioners shall assume office immediately after being elected and qualified and shall serve until their successors are elected and qualified and assume office in accordance with RCW 29.04.170. Each successor shall be elected to a four-year term of office.
Sec. 62. RCW 56.12.015 and 1991 c 190 s 2 are each amended to read as follows:
If a three-member board of commissioners of any sewer district with any number of customers determines by resolution that it would be in the best interest of the district to increase the number of commissioners from three to five, or if the board of a sewer district with any number of customers is presented with a petition signed by ten percent of the registered voters resident within the district who voted in the last general municipal election calling for an increase in the number of commissioners of the district, the board shall submit a resolution to the county auditor requesting that an election be held. Upon receipt of the resolution, the county auditor shall call a special election to be held within the sewer district in accordance with RCW 29.13.010 and 29.13.020, at which election a proposition in substantially the following language shall be submitted to the voters:
Shall the Board of Commissioners of (Name and/or No. of sewer district) be increased from three to five members?
Yes . . . .
No . . . .
If the proposition receives a majority approval at the election the board of commissioners of the sewer district shall be increased to five members. In any sewer district with more than ten thousand customers, if a three-member board of commissioners determines by resolution ((and approves by unanimous vote of the board)) that it would be in the best interest of the district to increase the number of commissioners from three to five, the number of commissioners shall be so increased((,)) without an election, unless within ninety days of adoption of that resolution, a petition requesting an election and signed by at least ten percent of the registered voters who voted in the last general municipal election is filed with the board. If such a petition is received, the board shall submit the resolution and the petition to the county auditor, who shall call a special election in the manner described in this section and in accordance with the provisions of RCW 29.13.010 and 29.13.020.
The two positions created on boards of sewer commissioners by this section shall be filled initially either as for a vacancy or by nomination under RCW 56.12.030, except that the appointees or newly elected commissioners shall draw lots, one appointee to serve until the next general sewer district election after the appointment, at which two commissioners shall be elected for six-year terms, and the other appointee to serve until the second general sewer district election after the appointment, at which two commissioners shall be elected for six-year terms.
Sec. 63. RCW 56.12.020 and 1979 ex.s. c 126 s 38 are each amended to read as follows:
At the election held to form or reorganize a sewer district, ((there shall be elected three commissioners who shall assume office immediately when qualified in accordance with RCW 29.01.135 to hold office for terms of two, four, and six years respectively, and until their successors are elected and qualified and assume office in accordance with RCW 29.04.170.
The term of each nominee shall be expressed on the ballot and shall be computed from the first day of January next following if the initial election of the sewer district commissioners was in a general district election as provided in RCW 29.13.020, or from the first day of January following the first general election for sewer districts after its creation if the initial election was on a date other than a general district election. Thereafter, every two years there shall be elected a commissioner for a term of six years and until his or her successor is elected and qualified, at the general election held in the odd-numbered years, as provided in RCW 29.13.020, and conducted by the county auditor and the returns shall be canvassed by the county canvassing board of election returns: PROVIDED, That each such commissioner shall assume office in accordance with RCW 29.04.170)) three sewer district commissioners shall be elected. The election of sewer district commissioners shall be null and void if the ballot proposition to form or reorganize the sewer district is not approved. Candidates shall run for one of three separate commissioner positions. A special filing period shall be opened as provided in RCW 29.15.170 and 29.15.180. The person receiving the greatest number of votes for each position shall be elected to that position.
The newly elected sewer district commissioners shall assume office immediately when they are elected and qualified. Staggering of the terms of office for the new sewer district commissioners shall be accomplished as follows: (1) The person who is elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or a five-year term of office if the election is held in an even-numbered year; (2) the person who is elected receiving the next greatest number of votes shall be elected to a four-year term of office if the election is held in an odd-numbered year or a three-year term of office if the election is held in an even-numbered year; and (3) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year. The terms of office shall be calculated from the first day of January in the year following the election.
Thereafter commissioners shall be elected to six-year terms of office. Commissioners shall serve until their successors are elected and qualified and assume office in accordance with RCW 29.04.170.
Sec. 64. RCW 56.12.030 and 1990 c 259 s 24 are each amended to read as follows:
(((1) Nominations for the first board of commissioners to be elected at the election for the formation of the sewer district shall be by petition of fifty registered voters or ten percent of the registered voters of the district who voted in the last general municipal election, whichever is the smaller. The petition shall be filed in the auditor's office of the county in which the district is located at least forty-five days before the election. Thereafter candidates for the office of sewer commissioner shall file declarations of candidacy and their election shall be conducted as provided by the general elections laws. A vacancy or vacancies shall be filled by appointment by the remaining commissioner or commissioners until the next regular election for commissioners: PROVIDED, That if there are two vacancies on the board, one vacancy shall be filled by appointment by the remaining commissioner and the one remaining vacancy shall be filled by appointment by the then two commissioners and the appointed commissioners shall serve until the next regular election for commissioners. If the vacancy or vacancies remain unfilled within six months of its or their occurrence, the county legislative authority in which the district is located shall make the necessary appointment or appointments. If there is a vacancy of the entire board a new board may be appointed by the county legislative authority. Any person residing in the district who is at the time of election a registered voter may vote at any election held in the sewer district.
(2) Subsection (1) of this section notwithstanding,)) The board of commissioners of any sewer district may ((provide by majority vote that subsequent commissioners be elected from commissioner districts)) adopt a resolution providing that each subsequent commissioner be elected as a commissioner of a commissioner district within the district. If the board exercises this option, it shall divide the district into ((three)) a number of commissioner districts ((of)) equal in number to the number of commissioners on the board, each with approximately equal population following current precinct and district boundaries as far as practicable. ((Thereafter, candidates shall be nominated and one candidate shall be elected from each commissioner district by the registered voters of the commissioner district.
(3) All expense of elections for the formation or reorganization of a sewer district shall be paid by the county in which the election is held and the expenditure is hereby declared to be for a county purpose, and the money paid for that purpose shall be repaid to the county by the district if formed or reorganized.)) Commissioner districts shall be used as follows: (1) Only a registered voter who resides in a commissioner district may be a candidate for, or serve as, a commissioner of the commissioner district; and (2) only voters of a commissioner district may vote at a primary to nominate candidates for a commissioner of the commissioner district. Voters of the entire sewer district may vote at a general election to elect a person as a commissioner of the commissioner district. Commissioner districts shall be redrawn as provided in chapter 29.70 RCW.
NEW SECTION. Sec. 65. A new section is added to chapter 56.12 RCW to read as follows:
Sewer district elections shall conform with general election laws.
Vacancies on a board of sewer commissioners shall occur and shall be filled as provided in chapter 42.12 RCW.
Sec. 66. RCW 57.02.050 and 1982 1st ex.s. c 17 s 5 are each amended to read as follows:
Whenever the boundaries or proposed boundaries of a water district include or are proposed to include by means of formation, annexation, consolidation, or merger (including merger with a sewer district) territory in more than one county, all duties delegated by Title 57 RCW to officers of the county in which the district is located shall be delegated to the officers of the county in which the largest land area of the district is located, except that elections shall be conducted pursuant to ((RCW 57.02.060, as now existing or hereafter amended)) general election law, actions subject to review and approval under RCW 57.02.040 and 56.02.070 shall be reviewed and approved only by the officers or boards in the county in which such actions are proposed to occur, verification of electors' signatures shall be conducted by the county election officer of the county in which such signators reside, and comprehensive plan review and approval or rejection by the respective county legislative authorities under RCW 57.16.010 shall be limited to that part of such plans within the respective counties.
Sec. 67. RCW 57.12.015 and 1991 c 190 s 6 are each amended to read as follows:
In the event a three-member board of commissioners of any water district with any number of customers determines by resolution that it would be in the best interest of the district to increase the number of commissioners from three to five, or in the event the board of a district with any number of customers is presented with a petition signed by ten percent of the registered voters resident within the district who voted in the last general municipal election calling for an increase in the number of commissioners of the district, the board shall submit a resolution to the county auditor requesting that an election be held. Upon receipt of the resolution, the county auditor shall call a special election to be held within the water district in accordance with RCW 29.13.010 and 29.13.020, at which election a proposition in substantially the following language shall be submitted to the voters:
Shall the Board of Commissioners of (Name and/or No. of water district) be increased from three to five members?
Yes . . . . .
No . . . . .
If the proposition receives a majority approval at the election the board of commissioners of the water district shall be increased to five members. In any water district with more than ten thousand customers, if a three-member board of commissioners determines by resolution ((and approves by unanimous vote of the board)) that it would be in the best interest of the district to increase the number of commissioners from three to five, the number of commissioners shall be so increased((,)) without an election, unless within ninety days of adoption of that resolution a petition requesting an election and signed by at least ten percent of the registered voters who voted in the last general municipal election is filed with the board. If such a petition is received, the board shall submit the resolution and the petition to the county auditor, who shall call a special election in the manner described in this section and in accordance with the provisions of RCW 29.13.010 and 29.13.020.
The two positions created on boards of water commissioners by this section shall be filled initially either as for a vacancy or by nomination under RCW 57.12.039, except that the appointees or newly elected commissioners shall draw lots, one appointee to serve until the next general water district election after the appointment, at which two commissioners shall be elected for six-year terms, and the other appointee to serve until the second general water district election after the appointment, at which two commissioners shall be elected for six-year terms.
Sec. 68. RCW 57.12.020 and 1990 c 259 s 30 are each amended to read as follows:
((Nominations for the first board of commissioners to be elected at the election for the formation of the water district shall be by petition of at least ten percent of the registered voters of the district who voted in the last general municipal election, filed in the auditor's office of the county in which the district is located, at least forty-five days prior to the election. Thereafter, candidates for the office of water commissioners shall file declarations of candidacy and their election shall be conducted as provided by the general election laws.))
A vacancy ((or vacancies)) on the board shall occur and shall be filled ((by appointment by the remaining commissioner or commissioners until the next regular election for commissioners: PROVIDED, That if there are two vacancies on the board, one vacancy shall be filled by appointment by the remaining commissioner and the one remaining vacancy shall be filled by appointment by the then two commissioners and the appointed commissioners shall serve until the next regular election for commissioners. If the vacancy or vacancies remain unfilled within six months of its or their occurrence, the county legislative authority in which the district is located shall make the necessary appointment or appointments. If there is a vacancy of the entire board a new board may be appointed by the county legislative authority.
Any person residing in the district who is a registered voter under the laws of the state may vote at any district election)) as provided in chapter 42.12 RCW.
Sec. 69. RCW 57.12.030 and 1982 1st ex.s. c 17 s 14 are each amended to read as follows:
((The general laws of the state of Washington governing the registration of voters for a general or a special city election shall govern the registration of voters for elections held under this chapter. The manner of holding any general or special election for said)) Water district elections shall be held in accordance with the general election laws of this state. ((All elections in a water district shall be conducted under RCW 57.02.060. All expenses of elections for a water district shall be paid for out of the funds of the water district: PROVIDED, That if the voters fail to approve the formation of a water district, the expenses of the formation election shall be paid by each county in which the proposed district is located, in proportion to the number of registered voters in the proposed district residing in each county.))
Except as in this section otherwise provided, the term of office of each water district commissioner shall be six years, such term to be computed from the first day of January following the election, and ((one commissioner shall be elected at each biennial general election, as provided in RCW 29.13.020, for the term of six years and until his or her successor is)) commissioners shall serve until their successors are elected and qualified and assume((s)) office in accordance with RCW 29.04.170. ((All candidates shall be voted upon by the entire water district.))
Three water district commissioners shall be elected at the same election at which the proposition is submitted to the voters as to whether such water district shall be formed. ((The commissioner elected in commissioner position number one shall hold office for the term of six years; the commissioner elected in commissioner position number two shall hold office for the term of four years; and the commissioner elected in commissioner position number three shall hold office for the term of two years: PROVIDED, That the members of the first commission shall take office immediately upon their election and qualification. The terms of all commissioners first to be elected shall also include the time intervening between the date that the results of their election are declared in the canvass of returns thereof and the first day of January following the next general district election as provided in RCW 29.13.020.)) The election of water district commissioners shall be null and void if the ballot proposition to form the water district is not approved. Each candidate shall run for one of three separate commissioner positions. A special filing period shall be opened as provided in RCW 29.15.170 and 29.15.180. The person receiving the greatest number of votes for each position shall be elected to that position.
The newly elected water district commissioners shall assume office immediately when they are elected and qualified. Staggering of the terms of office for the new water district commissioners shall be accomplished as follows: (1) The person who is elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or a five-year term of office if the election is held in an even-numbered year; (2) the person who is elected receiving the next greatest number of votes shall be elected to a four-year term of office if the election is held in an odd-numbered year or a three-year term of office if the election is held in an even-numbered year; and (3) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year. The terms of office shall be calculated from the first day of January after the election.
Thereafter, commissioners shall be elected to six-year terms of office. Commissioners shall serve until their successors are elected and qualified and assume office in accordance with RCW 29.04.170.
Sec. 70. RCW 57.12.039 and 1986 c 41 s 2 are each amended to read as follows:
(1) Notwithstanding RCW 57.12.020 and 57.12.030, the board of commissioners may provide by majority vote that subsequent commissioners be elected from commissioner districts within the district. If the board exercises this option, it shall divide the district into three, or five if the number of commissioners has been increased under RCW 57.12.015, commissioner districts of approximately equal population following current precinct and district boundaries. ((Thereafter, candidates shall be nominated and one candidate shall be elected from each commissioner district by the electors of the commissioner district.))
(2) Commissioner districts shall be used as follows: (1) Only a registered voter who resides in a commissioner district may be a candidate for, or serve as, a commissioner of the commissioner district; and (2) only voters of a commissioner district may vote at a primary to nominate candidates for a commissioner of the commissioner district. Voters of the entire water district may vote at a general election to elect a person as a commissioner of the commissioner district. Commissioner districts shall be redrawn as provided in chapter 29.70 RCW.
(3) In water districts in which commissioners are nominated from commissioner districts, at the inception of a five-member board of commissioners, the new commissioner districts shall be numbered one through five and the three incumbent commissioners shall represent commissioner districts one through three. If, as a result of redrawing the district boundaries two or three of the incumbent commissioners reside in one of the new commissioner districts, the commissioners who reside in the same commissioner district shall determine by lot which of the first three numbered commissioner districts they shall represent for the remainder of their respective terms. A primary shall be held to nominate candidates from districts four and five where necessary and commissioners shall be elected at large at the general election. The persons elected as commissioners from commissioner districts four and five shall take office immediately after qualification as defined under RCW 29.01.135.
Sec. 71. RCW 57.32.022 and 1982 1st ex.s. c 17 s 31 are each amended to read as follows:
The respective boards of water commissioners of the consolidating districts shall certify the agreement to the county election officer of each county in which the districts are located. A special election shall be called by the county election officer ((under RCW 57.02.060)) for the purpose of submitting to the voters of each of the consolidating districts the proposition of whether or not the several districts shall be consolidated into one water district. The proposition shall give the title of the proposed consolidated district. Notice of the election shall be given and the election conducted in accordance with the general election laws.
Sec. 72. RCW 57.32.023 and 1982 1st ex.s. c 17 s 32 are each amended to read as follows:
If at the election a majority of the voters in each of the consolidating districts vote in favor of the consolidation, the county canvassing board shall so declare in its canvass ((under RCW 57.02.060)) and the return of such election shall be made within ten days after the date thereof. Upon the return the consolidation shall be effective and the consolidating districts shall cease to exist and shall then be and become a new water district and municipal corporation of the state of Washington. The name of such new water district shall be "Water District No. .....", which shall be the name appearing on the ballot. The district shall have all and every power, right, and privilege possessed by other water districts of the state of Washington. The district may issue revenue bonds to pay for the construction of any additions and betterments set forth in the comprehensive plan of water supply contained in the agreement for consolidation and any future additions and betterments to the comprehensive plan of water supply, as its board of water commissioners shall by resolution adopt, without submitting a proposition therefor to the voters of the district.
NEW SECTION. Sec. 73. A new section is added to chapter 68.52 RCW to read as follows:
Cemetery district elections shall conform with general election laws.
A vacancy on a board of cemetery district commissioners shall occur and shall be filled as provided in chapter 42.12 RCW.
Sec. 74. RCW 68.52.100 and 1947 c 6 s 2 are each amended to read as follows:
For the purpose of forming a cemetery district, a petition designating the boundaries of the proposed district by metes and bounds or describing the lands to be included in the proposed district by government townships, ranges and legal subdivisions, signed by not less than fifteen percent of the ((qualified)) registered ((electors, who are property owners or are purchasing property under contract and who are resident)) voters who reside within the boundaries of the proposed district, setting forth the object of the formation of such district and stating that the establishment thereof will be conducive to the public welfare and convenience, shall be filed with the county auditor of the county within which the proposed district is located, accompanied by an obligation signed by two or more petitioners agreeing to pay the cost of publishing the notice hereinafter provided for. The county auditor shall, within thirty days from the date of filing of such petition, examine the signatures and certify to the sufficiency or insufficiency thereof ((and for such purpose shall have access to registration books and records in possession of the registration officers of the election precincts included in whole or in part within the boundaries of the proposed district and to the tax rolls and other records in the offices of the county assessor and county treasurer. No person having)). The name of any person who signed a petition shall not be ((allowed to withdraw his name therefrom)) withdrawn from the petition after it has been filed with the county auditor. If the petition is found to contain a sufficient number of valid signatures ((of qualified persons)), the county auditor shall transmit it, with ((his)) a certificate of sufficiency attached, to the ((board of)) county ((commissioners)) legislative authority, which shall thereupon, by resolution entered upon its minutes, receive the same and fix a day and hour when it will publicly hear ((said)) the petition.
Sec. 75. RCW 68.52.140 and 1982 c 60 s 2 are each amended to read as follows:
The ((board of)) county ((commissioners)) legislative authority shall have full authority to hear and determine the petition, and if it finds that the formation of the district will be conducive to the public welfare and convenience, it shall by resolution so declare, otherwise it shall deny the petition. If the ((board)) county legislative authority finds in favor of the formation of the district, it shall designate the name and number of the district, fix the boundaries thereof, and cause an election to be held therein for the purpose of determining whether or not the district shall be organized under the provisions of this chapter, and for the purpose of electing its first cemetery district commissioners. ((The board shall, prior to calling the said election, name three registered resident electors who are property owners or are purchasing property under contract within the boundaries of the district as candidates for election as cemetery district commissioners. These electors are exempt from the requirements of chapter 42.17 RCW.)) At the same election three cemetery district commissioners shall be elected, but the election of the commissioners shall be null and void if the district is not created. No primary shall be held. A special filing period shall be opened as provided in RCW 29.15.170 and 29.15.180. Candidates shall run for specific commissioner positions. The person receiving the greatest number of votes for each commissioner position shall be elected to that commissioner position. The terms of office of the initial commissioners shall be as provided in RCW 68.52.220.
Sec. 76. RCW 68.52.160 and 1947 c 6 s 8 are each amended to read as follows:
The ballot for ((said)) the election shall be in such form as may be convenient but shall present the propositions substantially as follows:
".....(insert county name)..... cemetery district No. .....(insert number)......
.....Yes......
.....(insert county name)..... cemetery district No. .....(insert number)......
.....No......"
((and shall specify the names of the candidates nominated for election as the first cemetery district commissioners with appropriate space to vote for the same.))
Sec. 77. RCW 68.52.220 and 1990 c 259 s 33 are each amended to read as follows:
The affairs of the district shall be managed by a board of cemetery district commissioners composed of three ((qualified registered voters of the district)) members. Members of the board shall receive no compensation for their services, but shall receive expenses necessarily incurred in attending meetings of the board or when otherwise engaged in district business. The board shall fix the compensation to be paid the secretary and other employees of the district. ((The first three cemetery district commissioners shall serve only until the first day in January following the next general election, provided such election occurs thirty or more days after the formation of the district, and until their successors have been elected and qualified and have assumed office in accordance with RCW 29.04.170. At the next general district election, as provided in RCW 29.13.020, provided it occurs thirty or more days after the formation of the district, three members of the board of cemetery commissioners shall be chosen. They and all subsequently elected cemetery commissioners shall have the same qualifications as required of the first three cemetery commissioners and)) Cemetery district commissioners and candidates for cemetery district commissioner are exempt from the requirements of chapter 42.17 RCW. ((The candidate receiving the highest number of votes shall serve for a term of six years beginning on the first day in January following; the candidate receiving the next higher number of votes shall serve for a term of four years from the date; and the candidate receiving the next higher number of votes shall serve for a term of two years from the date. Upon the expiration of their respective terms, all cemetery commissioners shall be elected for terms of six years to begin on the first day in January next succeeding the day of election and shall serve until their successors have been elected and qualified and assume office in accordance with RCW 29.04.170. Elections shall be called, noticed, conducted and canvassed and in the same manner and by the same officials as provided for general county elections.))
The initial cemetery district commissioners shall assume office immediately upon their election and qualification. Staggering of terms of office shall be accomplished as follows: (1) The person elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or a five-year term of office if the election is held in an even-numbered year; (2) the person who is elected receiving the next greatest number of votes shall be elected to a four-year term of office if the election is held in an odd-numbered year or a three-year term of office if the election is held in an even-numbered year; and (3) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year. The initial commissioners shall assume office immediately after they are elected and qualified but their terms of office shall be calculated from the first day of January after the election.
Thereafter, commissioners shall be elected to six-year terms of office. Commissioners shall serve until their successors are elected and qualified and assume office as provided in RCW 29.04.170.
The polling places for a cemetery district election ((shall be those of the county voting precincts which include any of the territory within the cemetery district, and)) may be located inside or outside the boundaries of the district, as determined by the auditor of the county in which the cemetery district is located, and no such election shall be held irregular or void on that account.
Sec. 78. RCW 70.44.040 and 1990 c 259 s 39 are each amended to read as follows:
(1) The provisions of Title 29 RCW relating to elections shall govern public hospital districts, except ((that: (1))) as provided in this chapter.
A public hospital district shall be created when the ballot proposition authorizing the creation of the district is approved by a simple majority vote of the voters of the proposed district voting on the proposition and the total vote cast upon the proposition ((to form a hospital district shall)) exceeds forty percent of the total number of votes cast in the ((precincts comprising the)) proposed district at the preceding state general ((and county)) election((; and (2) hospital district commissioners shall hold office for the term of six years and until their successors are elected and qualified, each term to commence on the first day in January following the election)).
At the election at which the proposition is submitted to the voters as to whether a district shall be formed, three commissioners shall be elected ((to hold office, respectively, for the terms of two, four, and six years. All candidates shall be voted upon by the entire district, and the candidate residing in commissioner district No. 1 receiving the highest number of votes in the hospital district shall hold office for the term of six years; the candidate residing in commissioner district No. 2 receiving the highest number of votes in the hospital district shall hold office for the term of four years; and the candidate residing in commissioner district No. 3 receiving the highest number of votes in the hospital district shall hold office for the term of two years. The first commissioners to be elected shall take office immediately when qualified in accordance with RCW 29.01.135. Each term of the initial commissioners shall date from the time above specified following the organizational election, but shall also include the period intervening between the organizational election and the first day of January following the next district general election: PROVIDED, That in public hospital districts encompassing portions of more than one county, the total vote cast upon the proposition to form the district shall exceed forty percent of the total number of votes cast in each portion of each county lying within the proposed district at the next preceding general county election. The portion of the proposed district located within each county shall constitute a separate commissioner district. There shall be three district commissioners whose terms shall be six years. Each district shall be designated by the name of the county in which it is located. All candidates for commissioners shall be voted upon by the entire district. Not more than one commissioner shall reside in any one district: PROVIDED FURTHER, That in the event there are only two districts then two commissioners may reside in one district. The term of each commissioner shall commence on the first day in January in each year following his election. At the election at which the proposition is submitted to the voters as to whether a district shall be formed, three commissioners shall be elected to hold office, respectively, for the terms of two, four, and six years. The candidate receiving the highest number of votes within the district, as constituted by the election, shall serve a term of six years; the candidate receiving the next highest number of votes shall hold office for a term of four years; and the candidate receiving the next highest number of votes shall hold office for a term of two years: PROVIDED FURTHER, That the holding of each such term of office shall be subject to the residential requirements for district commissioners hereinbefore set forth in this section)). The election of the initial commissioners shall be null and void if the district is not authorized to be created.
No primary shall be held. A special filing period shall be opened as provided in RCW 29.15.170 and 29.15.180. The person receiving the greatest number of votes for the commissioner of each commissioner district shall be elected as the commissioner of that district. The terms of office of the initial public hospital district commissioners shall be staggered as follows: (a) The person who is elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or a five-year term of office if the election is held in an even-numbered year; (b) the person who is elected receiving the next greatest number of votes shall be elected to a four-year term of office if the election is held in an odd-numbered year or a three-year term of office if the election is held in an even-numbered year; and (c) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year. The initial commissioners shall take office immediately when they are elected and qualified, but the length of such terms shall be computed from the first day of January in the year following this election. The term of office of each successor shall be six years. Each commissioner shall serve until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170.
(2) Commissioner districts shall be used as follows: (a) Only a registered voter who resides in a commissioner district may be a candidate for, or hold office as, a commissioner of the commissioner district; and (b) only voters of a commissioner district may vote at a primary to nominate candidates for a commissioner of the commissioner district. Voters of the entire public hospital district may vote at a general election to elect a person as a commissioner of the commissioner district.
If the proposed public hospital district is county-wide, and the county has three county legislative authority districts, the county legislative authority districts shall be used as public hospital district commissioner districts. In all other instances the county auditor of the county in which all or the largest portion of the proposed public hospital district is located shall draw the initial three public hospital district commissioner districts, each of which shall constitute as nearly as possible one-third of the total population of the proposed public hospital district and number the districts one, two, and three. Each of the three commissioner positions shall be numbered one through three and associated with the district of the same number.
The public hospital district commissioners may redraw commissioner districts, if the public hospital district has boundaries that are not coterminous with the boundaries of a county with three county legislative authority districts, so that each district comprises as nearly as possible one-third of the total population of the public hospital district. The commissioners of a public hospital district that is not coterminous with the boundaries of a county that has three county legislative authority districts shall redraw hospital district commissioner boundaries as provided in chapter 29.70 RCW.
Sec. 79. RCW 70.44.045 and 1982 c 84 s 13 are each amended to read as follows:
A vacancy in the office of commissioner shall occur as provided in chapter 42.12 RCW or by ((death, resignation, removal, conviction of felony,)) nonattendance at meetings of the commission for sixty days, unless excused by the commission((, by any statutory disqualification, by any permanent disability preventing the proper discharge of his duty, or by creation of positions pursuant to RCW 70.44.051, et seq)). A vacancy ((or vacancies on the board)) shall be filled ((by appointment by the remaining commissioner or commissioners until the next regular election for commissioners as provided by RCW 70.44.040: PROVIDED, That if there is only one remaining commissioner, one vacancy shall be filled by appointment by the remaining commissioner and the remaining vacancy or vacancies shall be filled by appointment by the then two commissioners and the appointed commissioners shall serve until the next regular election for commissioners: PROVIDED FURTHER, That if there is a vacancy of the entire board, a new board may be appointed by the board of county commissioners or county council)) as provided in chapter 42.12 RCW.
Sec. 80. RCW 70.44.053 and 1967 c 77 s 2 are each amended to read as follows:
At any general or special election which may be called for that purpose the board of public hospital district commissioners may, or on petition of ten percent of the ((electors)) voters based on the total vote cast in the last district general election in the public hospital district shall, by resolution, submit to the voters of the district the proposition increasing the number of commissioners to ((any number authorized in RCW 70.44.051)) either five or seven members. The petition or resolution shall specify whether it is proposed to increase the number of commissioners to either five or seven members.
If the voters of the district approve the ballot proposition authorizing the increase in the number of commissioners to either five or seven members, the board of commissioners shall redistrict the public hospital district into the appropriate number of commissioner districts. The additional commissioners shall be elected from commissioner districts in which no existing commissioner resides at the next state general election occurring one hundred twenty days or more after the date of the election at which the voters of the district approved the ballot proposition authorizing the increase in the number of commissioners. If needed, special filing periods shall be authorized as provided in RCW 29.15.170 and 29.15.180 for qualified persons to file for the vacant office. A primary shall be held to nominate candidates if sufficient time exists to hold a primary and more than two candidates file for the vacant office. Otherwise, a primary shall not be held and the candidate receiving the greatest number of votes for each position shall be elected. Except for the initial terms of office, persons elected to each of these additional commissioner positions shall be elected to a six-year term.
Where the number of commissioners is increased from three to five, the initial terms of the two new commissioners shall be staggered so that the person who is elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or a five-year term if the election is held in an even-numbered year, and the other person elected shall be elected to a four-year term of office if the election is held in an odd-numbered year or a three-year term if the election is held in an even-numbered year. The newly elected commissioners shall assume office as provided in RCW 29.04.170.
Where the number of commissioners is increased from three or five to seven, the county auditor of the county in which all or the largest portion of the hospital district is located shall cause the initial terms of office of the additional commissioners to be staggered over the next three district general elections so that two commissioners would normally be elected at the first district general election following the election where the additional commissioners are elected, two commissioners are normally elected at the second district general election after the election of the additional commissioners, and three commissioners are normally elected at the third district general election following the election of the additional commissioners. The newly elected commissioners shall assume office as provided in RCW 29.04.170.
Sec. 81. RCW 53.12.010 and 1992 c 146 s 1 are each amended to read as follows:
(1) The powers of the port district shall be exercised through a port commission consisting of three or, when permitted by this title, five members. Every port district that is not coextensive with a county having a population of five hundred thousand or more shall be divided into ((three)) the same number of commissioner districts as there are commissioner positions, each having approximately equal population, unless provided otherwise under subsection (2) of this section. Where a port district with three commissioner positions is coextensive with the boundaries of a county that has a population of less than five hundred thousand and the county has three county legislative authority districts, the port ((district)) commissioner districts shall be the county legislative authority districts. In other instances where a port district is divided into commissioner districts, the ((petition proposing the formation of such a)) port commission shall divide the port district ((shall describe three)) into commissioner districts ((each having approximately the same population and)) unless the commissioner districts have been described pursuant to section 81 of this act. The commissioner districts shall be altered as provided in chapter 53.16 RCW.
Commissioner districts shall be used as follows: (1) Only a registered voter who resides in a commissioner district may be a candidate for, or hold office as, a commissioner of the commissioner district; and (2) only the voters of a commissioner district may vote at a primary ((election)) to nominate candidates for a commissioner of the commissioner district. Voters of the entire port district may vote at a general election to elect a person as a commissioner of the commissioner district.
((In port districts having additional commissioners as authorized by RCW 53.12.120, 53.12.130, and 53.12.115, the powers of the port district shall be exercised through a port commission consisting of five members constituted as provided therein.))
(2) In port districts with five commissioners, two of the commissioner districts may include the entire port district if approved by the voters of the district either at the time of formation or at a subsequent port district election at which the issue is proposed pursuant to a resolution adopted by the board of commissioners and delivered to the county auditor.
NEW SECTION. Sec. 82. A new section is added to chapter 53.12 RCW to read as follows:
Any less than county-wide port district that uses commissioner districts may cease using commissioner districts as provided in this section.
A ballot proposition authorizing the elimination of commissioner districts shall be submitted to the voters of a less than county-wide port district that is divided into commissioner districts if (1) a petition is submitted to the port commission proposing that the port district cease using commissioner districts, that is signed by registered voters of the port district equal in number to at least ten percent of the number of voters who voted at the last district general election; or (2) the port commissioners adopt a resolution proposing that the port district cease using commissioner districts. The port commission shall transfer the petition or resolution immediately to the county auditor who shall, when a petition is submitted, review the signatures and certify its sufficiency. A ballot proposition authorizing the elimination of commissioner districts shall be submitted at the next district general election occurring sixty or more days after a petition with sufficient signatures was submitted. If the ballot proposition authorizing the port district to cease using commissioner districts is approved by a simple majority vote, the port district shall cease using commissioner districts at all subsequent elections.
NEW SECTION. Sec. 83. A new section is added to chapter 53.04 RCW to read as follows:
Three commissioner districts, each with approximately the same population, shall be described in the petition proposing the creation of a port district under RCW 53.04.020, if the process to create the port district was initiated by voter petition, or shall be described by the county legislative authority, if the process to initiate the creation of the port district was by action of the county legislative authority. However, commissioner districts shall not be described if the commissioner districts of the proposed port district shall be the same as the county legislative authority districts.
The initial port commissioners shall be elected as provided in RCW 53.12.172.
Sec. 84. RCW 53.04.023 and 1993 c 70 s 1 are each amended to read as follows:
A less than county-wide port district with an assessed valuation of at least seventy-five million dollars may be created in a county that already has a less than county-wide port district located within its boundaries. Except as provided in this section, such a port district shall be created in accordance with the procedure to create a county-wide port district.
The effort to create such a port district is initiated by the filing of a petition with the county auditor calling for the creation of such a port district, describing the boundaries of the proposed port district, designating either three or five commissioner positions, describing commissioner districts if the petitioners propose that the commissioners represent districts, and providing a name for the proposed port district. The petition must be signed by voters residing within the proposed port district equal in number to at least ten percent of such voters who voted at the last county general election.
A public hearing on creation of the proposed port district shall be held by the county legislative authority if the county auditor certifies that the petition contained sufficient valid signatures. Notice of the public hearing must be published in the county's official newspaper at least ten days prior to the date of the public hearing. After taking testimony, the county legislative authority may make changes in the boundaries of the proposed port district if it finds that such changes are in the public interest and shall determine if the creation of the port district is in the public interest. No area may be added to the boundaries unless a subsequent public hearing is held on the proposed port district.
The county legislative authority shall submit a ballot proposition authorizing the creation of the proposed port district to the voters of the proposed port district, at any special election date provided in RCW 29.13.020, if it finds the creation of the port district to be in the public interest.
The port district shall be created if a majority of the voters voting on the ballot proposition favor the creation of the port district. The initial port commissioners shall be elected at the same election, from districts or at large, as provided in the petition initiating the creation of the port district. The election shall be otherwise conducted as provided in RCW 53.12.172, but the election of commissioners shall be null and void if the port district is not created. ((Commissioner districts shall not be used in the initial election of the port commissioners.))
This section shall expire July 1, 1997.
Sec. 85. RCW 53.12.172 and 1992 c 146 s 2 are each reenacted and amended to read as follows:
(1) In every port district the term of office of each port commissioner shall be four years in each port district that is county-wide with a population of one hundred thousand or more, or either six or four years in all other port districts as provided in RCW 53.12.175, and until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170.
(2) The initial port commissioners shall be elected at the same election as when the ballot proposition is submitted to voters authorizing the creation of the port district. If the port district is created the persons elected at this election shall serve as the initial port commission. No primary shall be held. The person receiving the greatest number of votes for commissioner from each commissioner district shall be elected as the commissioner of that district.
(3) The terms of office of the initial port commissioners shall be staggered as follows in a port district that is county-wide with a population of one hundred thousand or more: (((1))) (a) The two persons who are elected receiving the two greatest numbers of votes shall be elected to four-year terms of office if the election is held in an odd-numbered year, or three-year terms of office if the election is held in an even-numbered year, and shall hold office until successors are elected and qualified and assume office in accordance with RCW 29.04.170; and (((2))) (b) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year, or a one-year term of office if the election is held in an even-numbered year, and shall hold office until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170.
(4) The terms of office of the initial port commissioners in all other port districts shall be staggered as follows: (a) The person who is elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or to a five-year term of office if the election is held in an even-numbered year, and shall hold office until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170; (b) the person who is elected receiving the next greatest number of votes shall be elected to a four-year term of office if the election is held in an odd-numbered year or to a three-year term of office if the election is held in an even-numbered year, and shall hold office until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170; and (c) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year, and shall hold office until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170.
(5) The initial port commissioners shall take office immediately after being elected and qualified, but the length of their terms shall be calculated from the first day in January in the year following their elections.
Sec. 86. RCW 53.12.115 and 1992 c 146 s 7 are each amended to read as follows:
A ballot proposition shall be submitted to the voters of any port district authorizing an increase in the number of port commissioners to five whenever the port commission adopts a resolution proposing the increase in number of port commissioners or a petition ((requesting)) proposing such an increase has been submitted to the county auditor of the county in which the port district is located that has been signed by voters of the port district at least equal in number to ten percent of the number of voters in the port district who voted at the last general election. The ballot proposition shall be submitted at the next general or special election occurring sixty or more days after the petition was submitted or resolution was adopted.
At the next general or special election following the election in which an increase in the number of port commissioners was authorized, candidates for the two additional port commissioner positions shall be elected as provided in RCW 53.12.130, and the voters may be asked to approve the nomination of commissioners from district-wide commissioner districts as permitted in RCW 53.12.010(2).
Sec. 87. RCW 53.12.120 and 1992 c 146 s 8 are each amended to read as follows:
When the population of a port district that has three commissioners reaches five hundred thousand, in accordance with the latest United States regular or special census or with the official state population estimate, there shall be submitted to the voters of the district, at the next district general election or at a special port election called for that purpose, the proposition of increasing the number of commissioners to five. ((At any general election thereafter, the same proposition may be submitted by resolution of the port commissioners, by filing a certified copy of the resolution with the county auditor at least four months prior to the general election. If the proposition is approved by the voters, the commission in that port district shall consist of five commissioners.))
At the next district general election following the election in which an increase in the number of port commissioners was authorized, candidates for the two additional port commissioner positions shall be elected as provided in RCW 53.12.130.
Sec. 88. RCW 53.12.130 and 1992 c 146 s 9 are each amended to read as follows:
Two additional port commissioners shall be elected at the next district general election following the election at which voters authorized the increase in port commissioners to five members. ((The two additional positions shall be numbered positions four and five.))
The port commissioners shall divide the port district into five commissioner districts prior to the first day of June in the year in which the two additional commissioners shall be elected, unless the voters approved the nomination of the two additional commissioners from district-wide commissioner districts as permitted in RCW 53.12.010(2). The new commissioner districts shall be numbered one through five and the three incumbent commissioners shall represent commissioner districts one through three. If, as a result of redrawing the district boundaries two or three of the incumbent commissioners reside in one of the new commissioner districts, the commissioners who reside in the same commissioner district shall determine by lot which of the first three numbered commissioner districts they shall represent for the remainder of their respective terms. A primary shall be held to nominate candidates from districts four and five where necessary and commissioners shall be elected from commissioner districts four and five at the general election. The persons ((receiving the highest number of votes for each position shall be elected to that position and)) elected as commissioners from commissioner districts four and five shall take office immediately after qualification as defined under RCW 29.01.135.
In a port district where commissioners are elected to four-year terms of office, the additional commissioner thus elected receiving the highest number of votes shall be elected to a four-year term of office and the other additional commissioner thus elected shall be elected to a term of office of two years, if the election ((were)) is held in an odd-numbered year, or the additional commissioner thus elected receiving the highest number of votes shall be elected to a term of office of three years and the other shall be elected to a term of office of one year, if the election ((were)) is held in an even-numbered year. In a port district where the commissioners are elected to six-year terms of office, the additional commissioner thus elected receiving the highest number of votes shall be elected to a six-year term of office and the other additional commissioner shall be elected to a four-year term of office, if the election is held in an odd-numbered year, or the additional commissioner receiving the highest number of votes shall be elected to a term of office of five-years and the other shall be elected to a three-year term of office, if the election is held in an even-numbered year. The length of terms of office shall be computed from the first day of January in the year following this election.
((A successor to a commissioner holding position four or five whose term is about to expire, shall be elected at the general election next preceding such expiration, for a)) Successor commissioners from districts four and five shall be elected to terms of either six or four years, depending on the length of terms of office to which commissioners of that port district are elected. ((Positions four and five shall not be associated with a commissioner district and the elections to both nominate candidates for those positions and elect commissioners for these positions shall be held on a port district-wide basis.))
Sec. 89. RCW 53.12.175 and 1992 c 146 s 3 are each amended to read as follows:
A ballot proposition to reduce the terms of office of port commissioners from six years to four years shall be submitted to the voters of any port district that otherwise would have commissioners with six-year terms of office upon either resolution of the port commissioners or petition of voters of the port district proposing the reduction in terms of office, which petition has been signed by voters of the port district equal in number to at least ten percent of the number of voters in the port district voting at the last ((district)) general election. The petition shall be submitted to the county auditor. If the petition was signed by sufficient valid signatures, the ballot proposition shall be submitted at the next ((district)) general or special election that occurs sixty or more days after the adoption of the resolution or submission of the petition.
If the ballot proposition reducing the terms of office of port commissioners is approved by a simple majority vote of the voters voting on the proposition, the commissioner or commissioners who are elected at that election shall be elected to four-year terms of office. The terms of office of the other commissioners shall not be reduced, but each successor shall be elected to a four-year term of office.
Sec. 90. RCW 53.16.015 and 1992 c 146 s 10 are each amended to read as follows:
((In a port district that is not coterminous with a county that has three county legislative authority districts and that has port commissioner districts,)) The port commission of a port district that uses commissioner districts may redraw the commissioner district boundaries as provided in chapter 29.70 RCW at any time and submit the redrawn boundaries to the county auditor if the port district is not coterminous with a county that has the same number of county legislative authority districts as the port has port commissioners. The new commissioner districts shall be used at the next election at which a port commissioner is regularly elected that occurs at least one hundred eighty days after the redrawn boundaries have been submitted. Each commissioner district shall encompass as nearly as possible ((one-third of the population of the port district)) the same population.
Sec. 91. RCW 29.45.050 and 1973 c 102 s 2 are each amended to read as follows:
There shall be but one set of election officers at any one time in each precinct except as provided in this section.
In every precinct using paper ballots having two hundred or more registered voters there shall be appointed, and in every precinct having less than two hundred registered voters there may be appointed, at a state primary or state general election, two or more sets of precinct election officers as provided in RCW 29.04.020 and 29.45.010. The officer in charge of the election may appoint one or more counting boards at his discretion, when he decides that because of a long or complicated ballot or because of the number of expected voters, there is need of additional counting board or boards to improve the speed and accuracy of the count.
In making such appointments, one or more sets of precinct election officers shall be designated as the counting board or boards, the first of which shall consist of an inspector, two judges, and a clerk and the second set, if activated, shall consist of two judges and two clerks. The duties of the counting board or boards shall be the count of ballots cast and the return of the election records and supplies to the officer having jurisdiction of the election.
One set of precinct election officers shall be designated as the receiving board which shall have all other powers and duties imposed by law for such elections. Nothing in this section prevents the county auditor from appointing relief or replacement precinct election officers at any time during election day. Relief or replacement precinct election officers must be of the same political party as the officer they are relieving or replacing.
NEW SECTION. Sec. 92. The following acts or parts of acts are each repealed:
(1) RCW 35.23.070 and 1965 c 7 s 35.23.070;
(2) RCW 35.24.070 and 1965 c 7 s 35.24.070;
(3) RCW 35.27.110 and 1965 c 7 s 35.27.110;
(4) RCW 35.61.060 and 1985 c 416 s 2 & 1965 c 7 s 35.61.069;
(5) RCW 35.61.070 and 1965 c 7 s 35.61.070;
(6) RCW 35.61.080 and 1965 c 7 s 35.61.080;
(7) RCW 35A.02.001 and 1989 c 84 s 35;
(8) RCW 35A.02.100 and 1967 ex.s. c 119 s 35A.02.100;
(9) RCW 35A.02.110 and 1979 ex.s. c 18 s 9 & 1967 ex.s. c 119 s 35A.02.110;
(10) RCW 35A.14.060 and 1967 ex.s. c 119 s 35A.14.060;
(11) RCW 35A.15.030 and 1967 ex.s. c 119 s 35A.15.030;
(12) RCW 35A.16.020 and 1967 ex.s. c 119 s 35A.16.020;
(13) RCW 35A.29.010 and 1967 ex.s. c 119 s 35A.29.010;
(14) RCW 35A.29.020 and 1967 ex.s. c 119 s 35A.29.020;
(15) RCW 35A.29.030 and 1967 ex.s. c 119 s 35A.29.030;
(16) RCW 35A.29.040 and 1967 ex.s. c 119 s 35A.29.040;
(17) RCW 35A.29.050 and 1967 ex.s. c 119 s 35A.29.050;
(18) RCW 35A.29.060 and 1967 ex.s. c 119 s 35A.29.060;
(19) RCW 35A.29.070 and 1967 ex.s. c 119 s 35A.29.070;
(20) RCW 35A.29.080 and 1967 ex.s. c 119 s 35A.29.080;
(21) RCW 35A.29.090 and 1986 c 234 s 32 & 1985 c 281 s 27;
(22) RCW 35A.29.100 and 1967 ex.s. c 119 s 35A.29.100;
(23) RCW 35A.29.105 and 1990 c 59 s 106 & 1967 ex.s. c 119 s 35A.29.105;
(24) RCW 35A.29.110 and 1990 c 59 s 107, 1986 c 167 s 21, 1979 ex.s. c 18 s 30, 1970 ex.s. c 52 s 4, & 1967 ex.s. c 119 s 35A.29.110;
(25) RCW 35A.29.140 and 1967 ex.s. c 119 s 35A.29.140;
(26) RCW 35A.29.150 and 1970 ex.s. c 52 s 5 & 1967 ex.s. c 119 s 35A.29.150;
(27) RCW 36.54.080 and 1973 1st ex.s. c 195 s 36 & 1963 c 4 s 36.54.080;
(28) RCW 36.54.090 and 1963 c 4 s 36.54.090;
(29) RCW 36.54.100 and 1963 c 4 s 36.54.100;
(30) RCW 36.69.060 and 1963 c 4 s 36.69.060;
(31) RCW 44.70.010 and 1987 c 298 s 7;
(32) RCW 53.12.047 and 1992 c 146 s 6;
(33) RCW 53.12.150 and 1990 c 40 s 1, 1985 c 87 s 1, 1983 c 11 s 1, 1959 c 175 s 8, & 1959 c 17 s 8;
(34) RCW 57.02.060 and 1982 1st ex.s. c 17 s 6;
(35) RCW 68.52.240 and 1947 c 6 s 16;
(36) RCW 70.44.051 and 1967 c 77 s 1;
(37) RCW 70.44.055 and 1967 c 77 s 3; and
(38) RCW 70.44.057 and 1967 c 77 s 4.
Sec. 93. 1992 c 146 s 14 (uncodified) is amended to read as follows:
The following acts or parts of acts are each repealed:
(1) RCW 53.12.020 and 1991 c 363 s 129, 1986 c 262 s 2, 1965 c 51 s 2, 1959 c 175 s 1, & 1959 c 17 s 4;
(2) RCW 53.12.035 and 1991 c 363 s 130, 1990 c 59 s 108, 1965 c 51 s 3, & 1959 c 175 s 9;
(3) RCW 53.12.050 and 1959 c 17 s 5;
(4) RCW 53.12.057 and 1965 c 51 s 6;
(5) RCW 53.12.060 and 1990 c 259 s 19, 1959 c 175 s 6, 1927 c 204 s 1, & 1913 c 62 s 3;
(6) ((RCW 53.12.172 and 1979 ex.s. c 126 s 34 & 1951 c 68 s 2;
(7))) RCW 53.12.180 and 1935 c 133 s 8;
(((8))) (7) RCW 53.12.190 and 1935 c 133 s 10;
(((9))) (8) RCW 53.12.200 and 1935 c 133 s 9;
(((10))) (9) RCW 53.12.220 and 1979 ex.s. c 126 s 35, 1941 c 45 s 2, & 1925 ex.s. c 113 s 2; and
(((11))) (10) RCW 53.16.010 and 1969 ex.s. c 9 s 1 & 1957 c 69 s 2.
NEW SECTION. Sec. 94. (1) Section 2 of this act shall take effect January 1, 1995.
(2) Section 20 of this act shall take effect July 1, 1994."
On page 1, line 1 of the title, after "practices;" strike the remainder of the title and insert "amending RCW 42.12.010, 43.06.010, 14.08.304, 28A.315.520, 29.15.120, 29.15.200, 35.17.020, 35.17.400, 35.18.020, 35.18.270, 35.23.050, 35.23.240, 35.23.530, 35.24.050, 35.24.060, 35.24.100, 35.24.290, 35.27.100, 35.27.140, 35.61.050, 35A.01.070, 35A.02.050, 35A.02.130, 35A.06.020, 35A.06.030, 35A.06.050, 35A.12.010, 35A.12.040, 35A.12.050, 35A.12.060, 35A.12.180, 35A.13.010, 35A.13.020, 35A.14.060, 35A.14.070, 35A.15.040, 35A.16.030, 36.69.020, 36.69.070, 36.69.080, 36.69.090, 36.69.100, 36.69.440, 52.14.010, 52.14.013, 52.14.015, 52.14.030, 52.14.050, 52.14.060, 53.12.140, 54.08.060, 54.12.010, 54.40.010, 54.40.040, 54.40.050, 54.40.060, 54.40.070, 56.12.015, 56.12.020, 56.12.030, 57.02.050, 57.12.015, 57.12.020, 57.12.030, 57.12.039, 57.32.022, 57.32.023, 68.52.100, 68.52.140, 68.52.160, 68.52.220, 70.44.040, 70.44.045, 70.44.053, 53.12.010, 53.04.023, 53.12.115, 53.12.120, 53.12.130, 53.12.175, 53.16.015, and 29.45.050; amending 1992 c 146 s 14 (uncodified); reenacting and amending RCW 53.12.172; adding a new section to chapter 42.12 RCW; adding a new section to chapter 29.15 RCW; adding a new section to chapter 35.02 RCW; adding a new section to chapter 35A.29 RCW; adding a new section to chapter 56.12 RCW; adding a new section to chapter 68.52 RCW; adding a new section to chapter 53.12 RCW; adding a new section to chapter 53.04 RCW; repealing RCW 35.23.070, 35.24.070, 35.27.110, 35.61.060, 35.61.070, 35.61.080, 35A.02.001, 35A.02.100, 35A.02.110, 35A.14.060, 35A.15.030, 35A.16.020, 35A.29.010, 35A.29.020, 35A.29.030, 35A.29.040, 35A.29.050, 35A.29.060, 35A.29.070, 35A.29.080, 35A.29.090, 35A.29.100, 35A.29.105, 35A.29.110, 35A.29.140, 35A.29.150, 36.54.080, 36.54.090, 36.54.100, 36.69.060, 44.70.010, 53.12.047, 53.12.150, 57.02.060, 68.52.240, 70.44.051, 70.44.055, and 70.44.057; and providing effective dates."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative H. Myers moved that the House concur in the Senate amendments to Substitute House Bill No. 2278 and pass the bill as amended by the Senate. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 2278 as amended by the Senate.
Representatives H. Myers and Edmondson spoke in favor of passage of the bill.
MOTION
On motion of Representative Wood, Representative Ballard was excused.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2278, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 3, Excused - 4.
Voting yea: Representatives Anderson, 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, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Myers, H., Ogden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 91.
Absent: Representatives Orr, Romero and Wood - 3.
Excused: Representatives Appelwick, Morris, Padden and Riley - 4.
Substitute House Bill No. 2278, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 4, 1994
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 2351, with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 76.36.110 and 1984 c 60 s 6 are each amended to read as follows:
Every person:
(1) Except boom companies ((and log patrol companies)) organized as corporations for the purpose of catching or reclaiming and holding or disposing of forest products for the benefit of the owners, and authorized to do business under the laws of this state, who has or takes in tow or into custody or possession or under control, without the authorization of the owner of a registered mark or brand thereupon, any forest products or booming equipment having thereupon a mark or brand registered as required by the terms of this chapter, or, with or without such authorization, any forest products or booming equipment which may be branded under the terms of this chapter with a registered mark or brand and having no registered mark or brand impressed thereupon or cut therein; or,
(2) Who impresses upon or cut in any forest products or booming equipment a mark or brand that is false, forged or counterfeit; or,
(3) Who interferes with, prevents, or obstructs the owner of any registered mark or brand, or his or her duly authorized agent or representative, entering into or upon any tidelands, marshes or beaches of this state or any mill, mill site, mill yard or mill boom or rafting or storage grounds or any forest products or any raft or boom thereof for the purpose of searching for forest products and booming equipment having impressed thereupon a registered mark or brand belonging to him or her or retaking any forest products or booming equipment so found by him or her; or,
(4) Who impresses or cuts a catch brand that is not registered under the terms of this chapter upon or into any forest products or booming equipment upon which there is a registered mark or brand as authorized by the terms of this chapter or a catch brand, whether registered or not, upon any forest products or booming equipment that was not purchased or lawfully acquired by him or her from the owner; is guilty of a gross misdemeanor.
Sec. 2. RCW 76.42.020 and 1973 c 136 s 3 are each amended to read as follows:
"Wood debris" as used in this chapter is wood that is adrift on navigable waters or has been adrift thereon and stranded on beaches, marshes, or ((navigable [tidal])) tidal and shorelands and which is not merchantable or economically salvageable under ((the Log Patrol Act,)) chapter 76.40 RCW.
"Removal" as used in this chapter shall include all activities necessary for the collection and disposal of such wood debris: PROVIDED, That nothing herein provided shall permit removal of wood debris from private property without written consent of the owner.
Sec. 3. RCW 76.42.030 and 1973 c 136 s 4 are each amended to read as follows:
The department of natural resources may by contract, license, or permit, or other arrangements, cause such wood debris to be removed by ((licensed log patrolmen, other)) private contractors, department of natural resources employees, or by other public bodies. Nothing contained in this chapter shall prohibit any individual from using any nonmerchantable wood debris for his own personal use.
Sec. 4. RCW 82.16.010 and 1991 c 272 s 14 are each amended to read as follows:
For the purposes of this chapter, unless otherwise required by the context:
(1) "Railroad business" means the business of operating any railroad, by whatever power operated, for public use in the conveyance of persons or property for hire. It shall not, however, include any business herein defined as an urban transportation business.
(2) "Express business" means the business of carrying property for public hire on the line of any common carrier operated in this state, when such common carrier is not owned or leased by the person engaging in such business.
(3) "Railroad car business" means the business of renting, leasing or operating stock cars, furniture cars, refrigerator cars, fruit cars, poultry cars, tank cars, sleeping cars, parlor cars, buffet cars, tourist cars, or any other kinds of cars used for transportation of property or persons upon the line of any railroad operated in this state when such railroad is not owned or leased by the person engaging in such business.
(4) "Water distribution business" means the business of operating a plant or system for the distribution of water for hire or sale.
(5) "Light and power business" means the business of operating a plant or system for the generation, production or distribution of electrical energy for hire or sale and/or for the wheeling of electricity for others.
(6) "Telegraph business" means the business of affording telegraphic communication for hire.
(7) "Gas distribution business" means the business of operating a plant or system for the production or distribution for hire or sale of gas, whether manufactured or natural.
(8) "Motor transportation business" means the business (except urban transportation business) of operating any motor propelled vehicle by which persons or property of others are conveyed for hire, and includes, but is not limited to, the operation of any motor propelled vehicle as an auto transportation company (except urban transportation business), common carrier or contract carrier as defined by RCW 81.68.010 and 81.80.010: PROVIDED, That "motor transportation business" shall not mean or include the transportation of logs or other forest products exclusively upon private roads or private highways.
(9) "Urban transportation business" means the business of operating any vehicle for public use in the conveyance of persons or property for hire, insofar as (a) operating entirely within the corporate limits of any city or town, or within five miles of the corporate limits thereof, or (b) operating entirely within and between cities and towns whose corporate limits are not more than five miles apart or within five miles of the corporate limits of either thereof. Included herein, but without limiting the scope hereof, is the business of operating passenger vehicles of every type and also the business of operating cartage, pickup, or delivery services, including in such services the collection and distribution of property arriving from or destined to a point within or without the state, whether or not such collection or distribution be made by the person performing a local or interstate line-haul of such property.
(10) "Public service business" means any of the businesses defined in subdivisions (1), (2), (3), (4), (5), (6), (7), (8), and (9) or any business subject to control by the state, or having the powers of eminent domain and the duties incident thereto, or any business hereafter declared by the legislature to be of a public service nature, except telephone business as defined in RCW 82.04.065 and low-level radioactive waste site operating companies as redefined in RCW 81.04.010. It includes, among others, without limiting the scope hereof: Airplane transportation, boom, dock, ferry, ((log patrol,)) pipe line, toll bridge, toll logging road, water transportation and wharf businesses.
(11) "Tugboat business" means the business of operating tugboats, towboats, wharf boats or similar vessels in the towing or pushing of vessels, barges or rafts for hire.
(12) "Gross income" means the value proceeding or accruing from the performance of the particular public service or transportation business involved, including operations incidental thereto, but without any deduction on account of the cost of the commodity furnished or sold, the cost of materials used, labor costs, interest, discount, delivery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction on account of losses.
(13) The meaning attributed, in chapter 82.04 RCW, to the term "tax year," "person," "value proceeding or accruing," "business," "engaging in business," "in this state," "within this state," "cash discount" and "successor" shall apply equally in the provisions of this chapter.
NEW SECTION. Sec. 5. The department of natural resources shall convene a discussion between persons representative of the various interested parties including, but not limited to, log owners, transportation companies, recreational boaters, property owners, port authorities, local law enforcement agencies, and state agencies charged with the management and protection of aquatic resources to review issues related to stray log recovery.
On or before October 31, 1994, the department of natural resources shall report proposed guidelines for the recovery of adrift stray logs, to provide for the protection of: (1) Life, property, and navigational safety; and (2) the environment and publicly owned aquatic resources.
NEW SECTION. Sec. 6. REPEALER. The following acts or parts of acts are each repealed:
(1) RCW 76.40.010 and 1984 c 60 s 9 & 1957 c 182 s 1;
(2) RCW 76.40.012 and 1984 c 60 s 10, 1955 c 108 s 1, & 1953 c 140 s 2;
(3) RCW 76.40.013 and 1984 c 60 s 11 & 1957 c 182 s 9;
(4) RCW 76.40.020 and 1984 c 60 s 12, 1957 c 182 s 2, 1955 c 27 s 1, 1953 c 140 s 9, & 1947 c 116 s 1;
(5) RCW 76.40.030 and 1984 c 60 s 13, 1979 ex.s. c 67 s 13, 1963 c 12 s 1, 1957 c 182 s 3, 1955 c 108 s 3, 1953 c 140 s 10, & 1947 c 116 s 3;
(6) RCW 76.40.040 and 1984 c 60 s 14, 1957 c 182 s 4, & 1947 c 116 s 5;
(7) RCW 76.40.050 and 1984 c 60 s 15, 1957 c 182 s 5, 1953 c 140 s 11, & 1947 c 116 s 5;
(8) RCW 76.40.060 and 1982 c 35 s 199 & 1947 c 116 s 6;
(9) RCW 76.40.070 and 1984 c 60 s 16, 1957 c 182 s 6, & 1947 c 116 s 8;
(10) RCW 76.40.080 and 1984 c 60 s 17 & 1947 c 116 s 9;
(11) RCW 76.40.090 and 1947 c 116 s 10;
(12) RCW 76.40.100 and 1984 c 60 s 18 & 1947 c 116 s 11;
(13) RCW 76.40.110 and 1957 c 182 s 7, 1953 c 140 s 12, & 1947 c 116 s 12;
(14) RCW 76.40.120 and 1984 c 60 s 19 & 1947 c 116 s 14;
(15) RCW 76.40.130 and 1947 c 116 s 13;
(16) RCW 76.40.135 and 1984 c 60 s 20;
(17) RCW 76.40.140 and 1984 c 60 s 21;
(18) RCW 76.40.145 and 1984 c 60 s 22;
(19) RCW 76.40.900 and 1947 c 116 s 15; and
(20) RCW 76.40.910 and 1947 c 116 s 16."
On page 1, line 1 of the title, after "logs;" strike the remainder of the title and insert "amending RCW 76.36.110, 76.42.020, 76.42.030, and 82.16.010; creating a new section; and repealing RCW 76.40.010, 76.40.012, 76.40.013, 76.40.020, 76.40.030, 76.40.040, 76.40.050, 76.40.060, 76.40.070, 76.40.080, 76.40.090, 76.40.100, 76.40.110, 76.40.120, 76.40.130, 76.40.135, 76.40.140, 76.40.145, 76.40.900, and 76.40.910."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Pruitt moved that the House concur in the Senate amendments to Substitute House Bill No. 2351 and pass the bill as amended by the Senate. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of Substitute House Bill No. 2351 as amended by the Senate.
Representatives Pruitt and Stevens spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2351, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.
Voting yea: Representatives Anderson, Backlund, 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, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 93.
Excused: Representatives Appelwick, Ballard, Morris, Padden and Riley - 5.
Substitute House Bill No. 2351 as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 4, 1994
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 2447, with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28A.215.100 and 1985 c 418 s 1 are each amended to read as follows:
It is the intent of the legislature to establish ((a preschool)) an early childhood state education and assistance program. This special assistance program is a voluntary enrichment program to help prepare some children to enter the common school system and shall be offered only as funds are available. This program is not a part of the basic program of education which must be fully funded by the legislature under Article IX, section 1 of the state Constitution.
Sec. 2. RCW 28A.215.110 and 1990 c 33 s 213 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 28A.215.100 through 28A.215.200 and 28A.215.900 through 28A.215.908.
(1) "Advisory committee" means the advisory committee under RCW 28A.215.140.
(2) (("At risk" means a child not eligible for kindergarten whose family circumstances would qualify that child for eligibility under the federal head start program.
(3))) "Department" means the department of community, trade, and economic development.
(((4))) (3) "Eligible child" means ((an at-risk child as defined in this section)) a child not eligible for kindergarten whose family income is at or below one hundred percent of the federal poverty level, as published annually by the federal department of health and human services, and includes a child whose family is eligible for public assistance, and who is not a participant in a federal or state program providing ((like educational)) comprehensive services and may include children who are eligible under rules adopted by the department if the number of such children equals not more than ten percent of the total enrollment in the ((preschool)) early childhood program. Priority for enrollment shall be given to children from families with the lowest income or to eligible children from families with multiple needs.
(((5))) (4) "Approved ((preschool)) programs" means those state-supported education and special assistance programs which are recognized by the department of community, trade, and economic development as meeting the minimum program rules adopted by the department to qualify under RCW 28A.215.100 through 28A.215.200 and 28A.215.900 through 28A.215.908 and are designated as eligible for funding by the department under RCW 28A.215.160 and 28A.215.180.
(5) "Comprehensive" means an assistance program that focuses on the needs of the child and includes education, health, and family support services.
(6) "Family support services" means providing opportunities for parents to:
(a) Actively participate in their child's early childhood program;
(b) Increase their knowledge of child development and parenting skills;
(c) Further their education and training;
(d) Increase their ability to use needed services in the community;
(e) Increase their self-reliance.
Sec. 3. 1988 c 174 s 1 (uncodified) is amended to read as follows:
The legislature finds that the early childhood education and assistance program provides for the educational, social, health, nutritional, and cultural development of children at risk of failure when they reach school age. The long-term benefits to society in the form of greater educational attainment, employment, and projected lifetime earnings as well as the savings to be realized, from lower crime rates, welfare support, and reduced teenage pregnancy, have been demonstrated through lifelong research of at-risk children and ((preschool)) early childhood programs.
((The legislature further finds that existing federal head start programs and state-supported early childhood education programs provide services for less than one-third of the eligible children in Washington.))
The legislature intends to encourage development of community partnerships for children at risk by authorizing a program of voluntary grants and contributions from business and community organizations to increase opportunities for children to participate in early childhood education.
Sec. 4. RCW 28A.215.120 and 1988 c 174 s 3 are each amended to read as follows:
The department of community, trade, and economic development shall administer a state-supported ((preschool)) early childhood education and assistance program to assist eligible children with educational, social, health, nutritional, and cultural development to enhance their opportunity for success in the common school system. Eligible children shall be admitted to approved ((preschool)) early childhood programs to the extent that the legislature provides funds, and additional eligible children may be admitted to the extent that grants and contributions from community sources provide sufficient funds for a program equivalent to that supported by state funds.
Sec. 5. RCW 28A.215.130 and 1988 c 174 s 4 are each amended to read as follows:
Approved ((preschool)) early childhood programs shall receive state-funded support through the department. ((School districts, and existing head start grantees in cooperation with school districts)) Public or private nonsectarian organizations, including, but not limited to school districts, educational service districts, community and technical colleges, local governments, or nonprofit organizations, are eligible to participate as providers of the state ((preschool)) early childhood program. ((School districts may contract with other governmental or nongovernmental nonsectarian organizations to conduct a portion of the state program.)) Funds appropriated for the state program shall be used to continue to operate existing programs or to establish new or expanded ((preschool)) early childhood programs, and shall not be used to supplant federally supported head start programs. Funds obtained by providers through voluntary grants or contributions from individuals, agencies, corporations, or organizations may be used to expand or enhance preschool programs so long as program standards established by the department are maintained, but shall not be used to supplant federally supported head start programs or state-supported ((preschool)) early childhood programs. Persons applying to conduct the ((preschool)) early childhood program shall identify targeted groups and the number of children to be served, program components, the qualifications of instructional and special staff, the source and amount of grants or contributions from sources other than state funds, facilities and equipment support, and transportation and personal care arrangements.
Sec. 6. RCW 28A.215.150 and 1988 c 174 s 6 are each amended to read as follows:
The department shall adopt rules under chapter 34.05 RCW for the administration of the ((preschool)) early childhood program. ((Federal head start program criteria, including set aside provisions for the)) Approved early childhood programs shall conduct needs assessments of their service area, identify any targeted groups of children, to include but not be limited to children of seasonal and migrant farmworkers and native American populations living either on or off reservation, ((to the extent practicable, shall be considered as guidelines for the state preschool early childhood assistance program)) and provide to the department a service delivery plan, to the extent practicable, that addresses these targeted populations.
The department in developing rules for the ((preschool)) early childhood program shall consult with the advisory committee, and shall consider such factors as coordination with existing head start and other ((preschool)) early childhood programs, the preparation necessary for instructors, qualifications of instructors, adequate space and equipment, and special transportation needs. The rules shall specifically require the ((preschool)) early childhood programs to provide for parental involvement ((at a level not less than that provided under the federal head start program criteria)) in participation with their child's program, in local program policy decisions, in development and revision of service delivery systems, and in parent education and training.
Sec. 7. 1987 c 518 s 1 (uncodified) is amended to read as follows:
The long-term social, community welfare, and economic interests of the state will be served by an investment in our children. Conclusive studies and experiences show that providing children with ((certain)) developmental experiences and providing parents with effective parental ((guidance)) partnership, empowerment, opportunities for involvement with their child's developmental learning, and expanding parenting skills, learning, and training can greatly improve ((their)) children's performance in school as well as increase the likelihood of ((their)) children's success as adults. National studies have also confirmed that special attention to, and educational assistance for, children ((and)), their school environment ((is)), and their families are the most effective ways in which to meet the state's social and economic goals.
The legislature intends to enhance the readiness to learn of certain children and students by: Providing for an expansion of the state early childhood education and assistance program for children from low-income families and establishing an adult literacy program for certain parents; assisting school districts to establish elementary counseling programs; instituting a program to address learning problems due to drug and alcohol use and abuse; and establishing a program directed at students who leave school before graduation.
The legislature intends further to establish programs that will allow for parental, business, and community involvement in assisting the school systems throughout the state to enhance the ability of children to learn.
Sec. 8. RCW 28A.215.160 and 1988 c 174 s 7 are each amended to read as follows:
The department shall review applications from public or private nonsectarian organizations for state funding of early childhood education and assistance programs and award funds ((on a competitive basis)) as determined by department rules and based on local community needs and demonstrated capacity to provide services.
Sec. 9. RCW 28A.215.170 and 1988 c 174 s 8 are each amended to read as follows:
The governor shall report to the legislature before each regular session of the legislature convening in an odd-numbered year, on the ((merits of continuing and expanding the preschool program or instituting other means of providing early childhood development assistance. The)) current status of the program, the state-wide need for early childhood program services, and the plans to address these needs. The department shall consult with the office of the superintendent of public instruction ((shall assist the governor)) in the preparation of the biennial report and ((shall be consulted)) on all issues of mutual concern addressed in ((said)) the report.
((If the governor recommends the continuation of a state-funded preschool program, then)) The governor's report shall include specific recommendations on at least the following issues:
(1) The desired relationships of a state-funded ((preschool)) early childhood education and assistance program with the common school system;
(2) The types of children and their needs that the program should serve;
(3) The appropriate level of state support for implementing a comprehensive ((preschool)) early childhood education and assistance program for all eligible children, including related programs to prepare instructors and provide facilities, equipment, and transportation;
(4) The state administrative structure necessary to implement the program; and
(5) The establishment of a system to examine and monitor the effectiveness of ((preschool)) early childhood educational and assistance services for ((disadvantaged)) eligible children to measure, among other elements, if possible, how the average level of performance of children completing this program compare to the average level of performance of all state students in their grade level, and to the average level of performance of those ((at-risk)) eligible students who ((do)) did not have access to this program. The evaluation system shall examine how the percentage of these children needing access to special education or remedial programs compares to the overall percentage of children needing such services and compares to the percentage of ((at-risk)) eligible students who ((do)) did not have access to this program needing such services.
Sec. 10. RCW 28A.215.180 and 1990 c 33 s 214 are each amended to read as follows:
For the purposes of RCW 28A.215.100 through 28A.215.200 and 28A.215.900 through 28A.215.908, the department may award state support under RCW 28A.215.100 through 28A.215.160 to increase the numbers of eligible children assisted by the federal or state-supported ((preschool)) early childhood programs in this state ((by up to five thousand additional children)). Priority shall be given to ((groups in)) those geographical areas which include a high percentage of families qualifying under the ((federal "at risk")) "eligible child" criteria. The overall program funding level shall be based on an average grant per child consistent with state appropriations made for program costs: PROVIDED, That programs addressing special needs of selected groups or communities shall be recognized in the department's rules.
Sec. 11. RCW 28A.215.200 and 1990 c 33 s 215 are each amended to read as follows:
The department may solicit gifts, grants, conveyances, bequests and devises for the use or benefit of the ((preschool)) early childhood state education and assistance program established by RCW 28A.215.100 through 28A.215.200 and 28A.215.900 through 28A.215.908. The department shall actively solicit support from business and industry and from the federal government for the ((preschool)) state early childhood education and assistance program and shall assist local programs in developing partnerships with the community for ((children-at-risk)) eligible children.
NEW SECTION. Sec. 12. This act shall take effect July 1, 1994."
On page 1, line 2 of the title, after "program;" strike the remainder of the title and insert "amending RCW 28A.215.100, 28A.215.110, 28A.215.120, 28A.215.130, 28A.215.150, 28A.215.160, 28A.215.170, 28A.215.180, and 28A.215.200; amending 1988 c 174 s 1 (uncodified); amending 1987 c 518 s 1 (uncodified); and providing an effective date."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Dorn moved that the House concur in the Senate amendments to House Bill No. 2447 and pass the bill as amended by the Senate. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 2447 as amended by the Senate.
Representative Roland spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2447, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.
Voting yea: Representatives Anderson, Backlund, 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, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 93.
Excused: Representatives Appelwick, Ballard, Morris, Padden and Riley - 5.
House Bill No. 2447 as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 4, 1994
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 2905 with the following amendments:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 41.32 RCW under the subchapter hearing "Plan I" to read as follows:
The dollar amount of the temporary postretirement allowance adjustment granted by section 1, chapter 519, Laws of 1993 shall be provided as a permanent retirement allowance adjustment as of July 1, 1995.
Sec. 2. RCW 41.32.010 and 1993 c 95 s 7 are each amended to read as follows:
As used in this chapter, unless a different meaning is plainly required by the context:
(1)(a) "Accumulated contributions" for plan I members, means the sum of all regular annuity contributions with regular interest thereon.
(b) "Accumulated contributions" for plan II members, means the sum of all contributions standing to the credit of a member in the member's individual account together with the regular interest thereon.
(2) "Actuarial equivalent" means a benefit of equal value when computed upon the basis of such mortality tables and regulations as shall be adopted by the director and regular interest.
(3) "Annuity" means the moneys payable per year during life by reason of accumulated contributions of a member.
(4) "Member reserve" means the fund in which all of the accumulated contributions of members are held.
(5)(a) "Beneficiary" for plan I members, means any person in receipt of a retirement allowance or other benefit provided by this chapter.
(b) "Beneficiary" for plan II members, means any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer by another person.
(6) "Contract" means any agreement for service and compensation between a member and an employer.
(7) "Creditable service" means membership service plus prior service for which credit is allowable. This subsection shall apply only to plan I members.
(8) "Dependent" means receiving one-half or more of support from a member.
(9) "Disability allowance" means monthly payments during disability. This subsection shall apply only to plan I members.
(10)(a) "Earnable compensation" for plan I members, means:
(i) All salaries and wages paid by an employer to an employee member of the retirement system for personal services rendered during a fiscal year. In all cases where compensation includes maintenance the employer shall fix the value of that part of the compensation not paid in money.
(A) Retroactive payments to an individual by an employer on reinstatement of the employee in a position, or payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wages which the individual would have earned during a payroll period shall be considered earnable compensation and the individual shall receive the equivalent service credit.
(B) If a leave of absence, without pay, is taken by a member for the purpose of serving as a member of the state legislature, and such member has served in the legislature five or more years, the salary which would have been received for the position from which the leave of absence was taken shall be considered as compensation earnable if the employee's contribution thereon is paid by the employee. In addition, where a member has been a member of the state legislature for five or more years, earnable compensation for the member's two highest compensated consecutive years of service shall include a sum not to exceed thirty-six hundred dollars for each of such two consecutive years, regardless of whether or not legislative service was rendered during those two years.
(ii) For members employed less than full time under written contract with a school district, or community college district, in an instructional position, for which the member receives service credit of less than one year in all of the years used to determine the earnable compensation used for computing benefits due under RCW 41.32.497, 41.32.498, and 41.32.520, the member may elect to have earnable compensation defined as provided in RCW 41.32.345. For the purposes of this subsection, the term "instructional position" means a position in which more than seventy-five percent of the member's time is spent as a classroom instructor (including office hours), a librarian, or a counselor. Earnable compensation shall be so defined only for the purpose of the calculation of retirement benefits and only as necessary to insure that members who receive fractional service credit under RCW 41.32.270 receive benefits proportional to those received by members who have received full-time service credit.
(b) "Earnable compensation" for plan II members, means salaries or wages earned by a member during a payroll period for personal services, including overtime payments, and shall include wages and salaries deferred under provisions established pursuant to sections 403(b), 414(h), and 457 of the United States Internal Revenue Code, but shall exclude lump sum payments for deferred annual sick leave, unused accumulated vacation, unused accumulated annual leave, or any form of severance pay.
(i) Retroactive payments to an individual by an employer on reinstatement of the employee in a position or payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wages which the individual would have earned during a payroll period shall be considered earnable compensation, to the extent provided above, and the individual shall receive the equivalent service credit.
(ii) In any year in which a member serves in the legislature the member shall have the option of having such member's earnable compensation be the greater of:
(A) The earnable compensation the member would have received had such member not served in the legislature; or
(B) Such member's actual earnable compensation received for teaching and legislative service combined. Any additional contributions to the retirement system required because compensation earnable under (b)(ii)(A) of this subsection is greater than compensation earnable under (b)(ii)(B) of this subsection shall be paid by the member for both member and employer contributions.
(11) "Employer" means the state of Washington, the school district, or any agency of the state of Washington by which the member is paid.
(12) "Fiscal year" means a year which begins July 1st and ends June 30th of the following year.
(13) "Former state fund" means the state retirement fund in operation for teachers under chapter 187, Laws of 1923, as amended.
(14) "Local fund" means any of the local retirement funds for teachers operated in any school district in accordance with the provisions of chapter 163, Laws of 1917 as amended.
(15) "Member" means any teacher included in the membership of the retirement system. Also, any other employee of the public schools who, on July 1, 1947, had not elected to be exempt from membership and who, prior to that date, had by an authorized payroll deduction, contributed to the member reserve.
(16) "Membership service" means service rendered subsequent to the first day of eligibility of a person to membership in the retirement system: PROVIDED, That where a member is employed by two or more employers the individual shall receive no more than one service credit month during any calendar month in which multiple service is rendered. The provisions of this subsection shall apply only to plan I members.
(17) "Pension" means the moneys payable per year during life from the pension reserve.
(18) "Pension reserve" is a fund in which shall be accumulated an actuarial reserve adequate to meet present and future pension liabilities of the system and from which all pension obligations are to be paid.
(19) "Prior service" means service rendered prior to the first date of eligibility to membership in the retirement system for which credit is allowable. The provisions of this subsection shall apply only to plan I members.
(20) "Prior service contributions" means contributions made by a member to secure credit for prior service. The provisions of this subsection shall apply only to plan I members.
(21) "Public school" means any institution or activity operated by the state of Washington or any instrumentality or political subdivision thereof employing teachers, except the University of Washington and Washington State University.
(22) "Regular contributions" means the amounts required to be deducted from the compensation of a member and credited to the member's individual account in the member reserve. This subsection shall apply only to plan I members.
(23) "Regular interest" means such rate as the director may determine.
(24)(a) "Retirement allowance" for plan I members, means monthly payments based on the sum of annuity and pension, or any optional benefits payable in lieu thereof.
(b) "Retirement allowance" for plan II members, means monthly payments to a retiree or beneficiary as provided in this chapter.
(25) "Retirement system" means the Washington state teachers' retirement system.
(26)(a) "Service" means the time during which a member has been employed by an employer for compensation: PROVIDED, That where a member is employed by two or more employers the individual shall receive no more than one service credit month during any calendar month in which multiple service is rendered.
(b) "Service" for plan II members, means periods of employment by a member for one or more employers for which earnable compensation is earned subject to the following conditions:
(i) A member employed in an eligible position or as a substitute shall receive one service credit month for each month of September through August of the following year if he or she earns earnable compensation for eight hundred ten or more hours during that period and is employed during nine of those months, except that a member may not receive credit for any period prior to the member's employment in an eligible position except as provided in RCW 41.32.812 and 41.50.132;
(ii) If a member is employed either in an eligible position or as a substitute teacher for nine months of the twelve month period between September through August of the following year but earns earnable compensation for less than eight hundred ten hours but for at least six hundred thirty hours, he or she will receive one-half of a service credit month for each month of the twelve month period;
(iii) All other members in an eligible position or as a substitute teacher shall receive service credit as follows:
(A) A service credit month is earned in those calendar months where earnable compensation is earned for ninety or more hours;
(B) A half-service credit month is earned in those calendar months where earnable compensation is earned for at least seventy hours but less than ninety hours; and
(C) A quarter-service credit month is earned in those calendar months where earnable compensation is earned for less than seventy hours.
Any person who is a member of the teachers' retirement system and who is elected or appointed to a state elective position may continue to be a member of the retirement system and continue to receive a service credit month for each of the months in a state elective position by making the required member contributions.
When an individual is employed by two or more employers the individual shall only receive one month's service credit during any calendar month in which multiple service for ninety or more hours is rendered.
The department shall adopt rules implementing this subsection.
(27) "Service credit year" means an accumulation of months of service credit which is equal to one when divided by twelve.
(28) "Service credit month" means a full service credit month or an accumulation of partial service credit months that are equal to one.
(29) "Teacher" means any person qualified to teach who is engaged by a public school in an instructional, administrative, or supervisory capacity. The term includes state, educational service district, and school district superintendents and their assistants and all employees certificated by the superintendent of public instruction; and in addition thereto any full time school doctor who is employed by a public school and renders service of an instructional or educational nature.
(30) "Average final compensation" for plan II members, means the member's average earnable compensation of the highest consecutive sixty service credit months prior to such member's retirement, termination, or death. Periods constituting authorized leaves of absence may not be used in the calculation of average final compensation except under RCW 41.32.810(2).
(31) "Retiree" means any member in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer by such member.
(32) "Department" means the department of retirement systems created in chapter 41.50 RCW.
(33) "Director" means the director of the department.
(34) "State elective position" means any position held by any person elected or appointed to state-wide office or elected or appointed as a member of the legislature.
(35) "State actuary" or "actuary" means the person appointed pursuant to RCW 44.44.010(2).
(36) "Substitute teacher" means:
(a) A teacher who is hired by an employer to work as a temporary teacher, except for teachers who are annual contract employees of an employer and are guaranteed a minimum number of hours; or
(b) Teachers who either (i) work in ineligible positions for more than one employer or (ii) work in an ineligible position or positions together with an eligible position.
(37)(a) "Eligible position" for plan II members from June 7, 1990, through September 1, 1991, means a position which normally requires two or more uninterrupted months of creditable service during September through August of the following year.
(b) "Eligible position" for plan II on and after September 1, 1991, means a position that, as defined by the employer, normally requires five or more months of at least seventy hours of earnable compensation during September through August of the following year.
(c) For purposes of this chapter an employer shall not define "position" in such a manner that an employee's monthly work for that employer is divided into more than one position.
(d) The elected position of the superintendent of public instruction is an eligible position.
(38) "Plan I" means the teachers' retirement system, plan I providing the benefits and funding provisions covering persons who first became members of the system prior to October 1, 1977.
(39) "Plan II" means the teachers' retirement system, plan II providing the benefits and funding provisions covering persons who first became members of the system on and after October 1, 1977.
(40) "Index" means, for any calendar year, that year's annual average consumer price index, Seattle, Washington area, for urban wage earners and clerical workers, all items compiled by the bureau of labor statistics, United States department of labor.
(41) "Index A" means the index for the year prior to the determination of a postretirement adjustment.
(42) "Index B" means the index for the year prior to index A.
(43) "Index year" means the earliest calendar year in which the index is more than sixty percent of index A.
(44) "Adjustment ratio" means the value of index A divided by index B.
Sec. 3. RCW 41.32.575 and 1989 c 272 s 3 are each amended to read as follows:
(1) ((Beginning July 1, 1989, and every year thereafter, the department shall determine the following information for each retired member or beneficiary who is over the age of sixty-five:
(a) The dollar amount of the retirement allowance received by the retiree at age sixty-five, to be known for the purposes of this section as the "age sixty-five allowance";
(b) The index for the calendar year prior to the year that the retiree reached age sixty-five, to be known for purposes of this section as "index A";
(c) The index for the calendar year prior to the date of determination, to be known for purposes of this section as "index B";
(d) The ratio obtained when index B is divided by index A, to be known for the purposes of this section as the "full purchasing power ratio"; and
(e) The value obtained when the retiree's age sixty-five allowance is multiplied by sixty percent of the retiree's full purchasing power ratio, to be known for the purposes of this section as the "target benefit.")) Beginning April 1, 1995, and each April 1st thereafter, the office of the state actuary shall notify the department of:
(a) The index year; and
(b) The adjustment ratio except the adjustment ratio may not be greater than one and three one-hundredths or less than one.
(2) Beginning with the July 1, 1995, payment, and annually thereafter the ((retiree's age sixty-five)) retirement allowance of a retiree who attained age sixty-five on or before the index year shall be ((adjusted to be equal to the retiree's target benefit)) multiplied by the adjustment ratio except the adjustment ratio may not exceed one and three one-hundredths or be less than one. ((In no event, however, shall the adjusted allowance:
(a) Be smaller than the retirement allowance received without the adjustment; nor
(b) Differ from the previous year's allowance by more than three percent.
(3) For members who retire after age sixty-five, the age sixty-five allowance shall be the initial retirement allowance received by the member.
(4) For beneficiaries of members who die prior to age sixty-five: (a) The age sixty-five allowance shall be the allowance received by the beneficiary on the date the member would have turned age sixty-five; and (b) index A shall be the index for the calendar year prior to the year the member would have turned age sixty-five.
(5))) (3) Where the pension payable to a beneficiary was adjusted at the time the benefit commenced, the benefit provided by this section shall be adjusted in a manner consistent with the adjustment made to the beneficiary's pension.
(((6))) (4) For the purposes of this section((:
(a) "Index" means, for any calendar year, that year's average consumer price index--Seattle, Washington area for urban wage earners and clerical workers, all items, compiled by the bureau of labor statistics, United States department of labor;
(b))) "retired member" or "retiree" means any member who has retired for service or because of duty or nonduty disability, or the surviving beneficiary of such a member.
NEW SECTION. Sec. 4. A new section is added to chapter 41.40 RCW under the subchapter heading "Plan I" to read as follows:
The dollar amount of the temporary postretirement allowance adjustment granted by section 1, chapter 519, Laws of 1993 shall be provided as a permanent retirement allowance adjustment as of July 1, 1995.
Sec. 5. RCW 41.40.010 and 1993 c 95 s 8 are each amended to read as follows:
As used in this chapter, unless a different meaning is plainly required by the context:
(1) "Retirement system" means the public employees' retirement system provided for in this chapter.
(2) "Department" means the department of retirement systems created in chapter 41.50 RCW.
(3) "State treasurer" means the treasurer of the state of Washington.
(4)(a) "Employer" for plan I members, means every branch, department, agency, commission, board, and office of the state, any political subdivision or association of political subdivisions of the state admitted into the retirement system, and legal entities authorized by RCW 35.63.070 and 36.70.060 or chapter 39.34 RCW as now or hereafter amended; and the term shall also include any labor guild, association, or organization the membership of a local lodge or division of which is comprised of at least forty percent employees of an employer (other than such labor guild, association, or organization) within this chapter. The term may also include any city of the first class that has its own retirement system.
(b) "Employer" for plan II members, means every branch, department, agency, commission, board, and office of the state, and any political subdivision and municipal corporation of the state admitted into the retirement system, including public agencies created pursuant to RCW 35.63.070, 36.70.060, and 39.34.030.
(5) "Member" means any employee included in the membership of the retirement system, as provided for in RCW 41.40.023.
(6) "Original member" of this retirement system means:
(a) Any person who became a member of the system prior to April 1, 1949;
(b) Any person who becomes a member through the admission of an employer into the retirement system on and after April 1, 1949, and prior to April 1, 1951;
(c) Any person who first becomes a member by securing employment with an employer prior to April 1, 1951, provided the member has rendered at least one or more years of service to any employer prior to October 1, 1947;
(d) Any person who first becomes a member through the admission of an employer into the retirement system on or after April 1, 1951, provided, such person has been in the regular employ of the employer for at least six months of the twelve-month period preceding the said admission date;
(e) Any member who has restored all contributions that may have been withdrawn as provided by RCW 41.40.150 and who on the effective date of the individual's retirement becomes entitled to be credited with ten years or more of membership service except that the provisions relating to the minimum amount of retirement allowance for the member upon retirement at age seventy as found in RCW 41.40.190(4) shall not apply to the member;
(f) Any member who has been a contributor under the system for two or more years and who has restored all contributions that may have been withdrawn as provided by RCW 41.40.150 and who on the effective date of the individual's retirement has rendered five or more years of service for the state or any political subdivision prior to the time of the admission of the employer into the system; except that the provisions relating to the minimum amount of retirement allowance for the member upon retirement at age seventy as found in RCW 41.40.190(4) shall not apply to the member.
(7) "New member" means a person who becomes a member on or after April 1, 1949, except as otherwise provided in this section.
(8)(a) "Compensation earnable" for plan I members, means salaries or wages earned during a payroll period for personal services and where the compensation is not all paid in money, maintenance compensation shall be included upon the basis of the schedules established by the member's employer: PROVIDED, That retroactive payments to an individual by an employer on reinstatement of the employee in a position, or payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wage which the individual would have earned during a payroll period shall be considered compensation earnable and the individual shall receive the equivalent service credit: PROVIDED FURTHER, That if a leave of absence is taken by an individual for the purpose of serving in the state legislature, the salary which would have been received for the position from which the leave of absence was taken, shall be considered as compensation earnable if the employee's contribution is paid by the employee and the employer's contribution is paid by the employer or employee.
(b) "Compensation earnable" for plan II members, means salaries or wages earned by a member during a payroll period for personal services, including overtime payments, and shall include wages and salaries deferred under provisions established pursuant to sections 403(b), 414(h), and 457 of the United States Internal Revenue Code, but shall exclude nonmoney maintenance compensation and lump sum payments for deferred annual sick leave, unused accumulated vacation, unused accumulated annual leave, or any form of severance pay: PROVIDED, That retroactive payments to an individual by an employer on reinstatement of the employee in a position, or payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wage which the individual would have earned during a payroll period shall be considered compensation earnable to the extent provided above, and the individual shall receive the equivalent service credit: PROVIDED FURTHER, That in any year in which a member serves in the legislature, the member shall have the option of having such member's compensation earnable be the greater of:
(i) The compensation earnable the member would have received had such member not served in the legislature; or
(ii) Such member's actual compensation earnable received for nonlegislative public employment and legislative service combined. Any additional contributions to the retirement system required because compensation earnable under subparagraph (i) of this subsection is greater than compensation earnable under subparagraph (ii) of this subsection shall be paid by the member for both member and employer contributions.
(9)(a) "Service" for plan I members, except as provided in RCW 41.40.088, means periods of employment in an eligible position or positions for one or more employers rendered to any employer for which compensation is paid, and includes time spent in office as an elected or appointed official of an employer. Compensation earnable earned in full time work for seventy hours or more in any given calendar month shall constitute one service credit month except as provided in RCW 41.40.088. Compensation earnable earned for less than seventy hours in any calendar month shall constitute one-quarter service credit month of service except as provided in RCW 41.40.088. Only service credit months and one-quarter service credit months shall be counted in the computation of any retirement allowance or other benefit provided for in this chapter. Any fraction of a year of service shall be taken into account in the computation of such retirement allowance or benefits.
Service by a state employee officially assigned by the state on a temporary basis to assist another public agency, shall be considered as service as a state employee: PROVIDED, That service to any other public agency shall not be considered service as a state employee if such service has been used to establish benefits in any other public retirement system: PROVIDED FURTHER, That an individual shall receive no more than a total of twelve service credit months of service during any calendar year: PROVIDED FURTHER, That where an individual is employed in an eligible position by one or more employers the individual shall receive no more than one service credit month during any calendar month in which multiple service for seventy or more hours is rendered.
(b) "Service" for plan II members, means periods of employment by a member in an eligible position or positions for one or more employers for which compensation earnable is paid. Compensation earnable earned for ninety or more hours in any calendar month shall constitute one service credit month except as provided in RCW 41.40.088. Compensation earnable earned for at least seventy hours but less than ninety hours in any calendar month shall constitute one-half service credit month of service. Compensation earnable earned for less than seventy hours in any calendar month shall constitute one-quarter service credit month of service.
Any fraction of a year of service shall be taken into account in the computation of such retirement allowance or benefits.
Service in any state elective position shall be deemed to be full time service, except that persons serving in state elective positions who are members of the teachers' retirement system or law enforcement officers' and fire fighters' retirement system at the time of election or appointment to such position may elect to continue membership in the teachers' retirement system or law enforcement officers' and fire fighters' retirement system.
A member shall receive a total of not more than twelve service credit months of service for such calendar year: PROVIDED, That when an individual is employed in an eligible position by one or more employers the individual shall receive no more than one service credit month during any calendar month in which multiple service for ninety or more hours is rendered.
(10) "Service credit year" means an accumulation of months of service credit which is equal to one when divided by twelve.
(11) "Service credit month" means a month or an accumulation of months of service credit which is equal to one.
(12) "Prior service" means all service of an original member rendered to any employer prior to October 1, 1947.
(13) "Membership service" means:
(a) All service rendered, as a member, after October 1, 1947;
(b) All service after October 1, 1947, to any employer prior to the time of its admission into the retirement system: PROVIDED, That an amount equal to the employer and employee contributions which would have been paid to the retirement system on account of such service shall have been paid to the retirement system with interest (as computed by the department) on the employee's portion prior to retirement of such person, by the employee or his employer, except as qualified by RCW 41.40.023: PROVIDED FURTHER, That employer contributions plus employee contributions with interest submitted by the employee under this subsection shall be placed in the employee's individual account in the employees' savings fund and be treated as any other contribution made by the employee, with the exception that the contributions submitted by the employee in payment of the employer's obligation, together with the interest the director may apply to the employer's contribution, shall be excluded from the calculation of the member's annuity in the event the member selects a benefit with an annuity option;
(c) Service not to exceed six consecutive months of probationary service rendered after April 1, 1949, and prior to becoming a member, in the case of any member, upon payment in full by such member of the total amount of the employer's contribution to the retirement fund which would have been required under the law in effect when such probationary service was rendered if the member had been a member during such period, except that the amount of the employer's contribution shall be calculated by the director based on the first month's compensation earnable as a member;
(d) Service not to exceed six consecutive months of probationary service, rendered after October 1, 1947, and before April 1, 1949, and prior to becoming a member, in the case of any member, upon payment in full by such member of five percent of such member's salary during said period of probationary service, except that the amount of the employer's contribution shall be calculated by the director based on the first month's compensation earnable as a member.
(14)(a) "Beneficiary" for plan I members, means any person in receipt of a retirement allowance, pension or other benefit provided by this chapter.
(b) "Beneficiary" for plan II members, means any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer by another person.
(15) "Regular interest" means such rate as the director may determine.
(16) "Accumulated contributions" means the sum of all contributions standing to the credit of a member in the member's individual account together with the regular interest thereon.
(17)(a) "Average final compensation" for plan I members, means the annual average of the greatest compensation earnable by a member during any consecutive two year period of service credit months for which service credit is allowed; or if the member has less than two years of service credit months then the annual average compensation earnable during the total years of service for which service credit is allowed.
(b) "Average final compensation" for plan II members, means the member's average compensation earnable of the highest consecutive sixty months of service credit months prior to such member's retirement, termination, or death. Periods constituting authorized leaves of absence may not be used in the calculation of average final compensation except under RCW 41.40.710(2).
(18) "Final compensation" means the annual rate of compensation earnable by a member at the time of termination of employment.
(19) "Annuity" means payments for life derived from accumulated contributions of a member. All annuities shall be paid in monthly installments.
(20) "Pension" means payments for life derived from contributions made by the employer. All pensions shall be paid in monthly installments.
(21) "Retirement allowance" means the sum of the annuity and the pension.
(22) "Employee" means any person who may become eligible for membership under this chapter, as set forth in RCW 41.40.023.
(23) "Actuarial equivalent" means a benefit of equal value when computed upon the basis of such mortality and other tables as may be adopted by the director.
(24) "Retirement" means withdrawal from active service with a retirement allowance as provided by this chapter.
(25) "Eligible position" means:
(a) Any position that, as defined by the employer, normally requires five or more months of service a year for which regular compensation for at least seventy hours is earned by the occupant thereof. For purposes of this chapter an employer shall not define "position" in such a manner that an employee's monthly work for that employer is divided into more than one position;
(b) Any position occupied by an elected official or person appointed directly by the governor for which compensation is paid.
(26) "Ineligible position" means any position which does not conform with the requirements set forth in subsection (25) of this section.
(27) "Leave of absence" means the period of time a member is authorized by the employer to be absent from service without being separated from membership.
(28) "Totally incapacitated for duty" means total inability to perform the duties of a member's employment or office or any other work for which the member is qualified by training or experience.
(29) "Retiree" means any member in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer by such member.
(30) "Director" means the director of the department.
(31) "State elective position" means any position held by any person elected or appointed to state-wide office or elected or appointed as a member of the legislature.
(32) "State actuary" or "actuary" means the person appointed pursuant to RCW 44.44.010(2).
(33) "Plan I" means the public employees' retirement system, plan I providing the benefits and funding provisions covering persons who first became members of the system prior to October 1, 1977.
(34) "Plan II" means the public employees' retirement system, plan II providing the benefits and funding provisions covering persons who first became members of the system on and after October 1, 1977.
(35) "Index" means, for any calendar year, that year's annual average consumer price index, Seattle, Washington area, for urban wage earners and clerical workers, all items, compiled by the bureau of labor statistics, United States department of labor.
(36) "Index A" means the index for the year prior to the determination of a postretirement adjustment.
(37) "Index B" means the index for the year prior to index A.
(38) "Index year" means the earliest calendar year in which the index is more than sixty percent of index A.
(39) "Adjustment ratio" means the value of index A divided by index B.
Sec. 6. RCW 41.40.325 and 1989 c 272 s 2 are each amended to read as follows:
(1) Beginning ((July 1, 1989, and every year thereafter, the department shall determine the following information for each retired member or beneficiary who is over the age of sixty-five:
(a) The dollar amount of the retirement allowance received by the retiree at age sixty-five, to be known for the purposes of this section as the "age sixty-five allowance";
(b) The index for the calendar year prior to the year that the retiree reached age sixty-five, to be known for purposes of this section as "index A";
(c) The index for the calendar year prior to the date of determination, to be known for purposes of this section as "index B";
(d) The ratio obtained when index B is divided by index A, to be known for the purposes of this section as the "full purchasing power ratio"; and
(e) The value obtained when the retiree's age sixty-five allowance is multiplied by sixty percent of the retiree's full purchasing power ratio, to be known for the purposes of this section as the "target benefit.")) April 1, 1995, and each April 1st thereafter, the office of the state actuary shall notify the department of:
(a) The index year; and
(b) The adjustment ratio except the adjustment ratio may not be greater than one and three one-hundredths or less than one.
(2) Beginning with the July 1, 1995, payment, and annually thereafter the ((retiree's age sixty-five)) retirement allowance of a retiree who attained age sixty-five on or before the index year shall be ((adjusted to be equal to the retiree's target benefit)) multiplied by the adjustment ratio except the adjustment ratio may not exceed one and three one-hundredths or be less than one. ((In no event, however, shall the adjusted allowance:
(a) Be smaller than the retirement allowance received without the adjustment; nor
(b) Differ from the previous year's allowance by more than three percent.
(3) For members who retire after age sixty-five, the age sixty-five allowance shall be the initial retirement allowance received by the member.
(4) For beneficiaries of members who die prior to age sixty-five: (a) The age sixty-five allowance shall be the allowance received by the beneficiary on the date the member would have turned age sixty-five; and (b) index A shall be the index for the calendar year prior to the year the member would have turned age sixty-five.
(5))) (3) Where the pension payable to a beneficiary was adjusted at the time the benefit commenced, the benefit provided by this section shall be adjusted in a manner consistent with the adjustment made to the beneficiary's pension.
(((6))) (4) For the purposes of this section((:
(a) "Index" means, for any calendar year, that year's average consumer price index--Seattle, Washington area for urban wage earners and clerical workers, all items, compiled by the bureau of labor statistics, United States department of labor;
(b))) "retired member" or "retiree" means any member who has retired for service or because of duty or nonduty disability, or the surviving beneficiary of such a member.
Sec. 7. RCW 43.88.030 and 1991 c 358 s 1 and 1991 c 284 s 1 are each reenacted and amended to read as follows:
(1) The director of financial management shall provide all agencies with a complete set of instructions for submitting biennial budget requests to the director at least three months before agency budget documents are due into the office of financial management. The director shall provide agencies that are required under RCW 44.40.070 to develop comprehensive six-year program and financial plans with a complete set of instructions for submitting these program and financial plans at the same time that instructions for submitting other budget requests are provided. The budget document or documents shall consist of the governor's budget message which shall be explanatory of the budget and shall contain an outline of the proposed financial policies of the state for the ensuing fiscal period, as well as an outline of the proposed six-year financial policies where applicable, and shall describe in connection therewith the important features of the budget. The message shall set forth the reasons for salient changes from the previous fiscal period in expenditure and revenue items and shall explain any major changes in financial policy. Attached to the budget message shall be such supporting schedules, exhibits and other explanatory material in respect to both current operations and capital improvements as the governor shall deem to be useful to the legislature. The budget document or documents shall set forth a proposal for expenditures in the ensuing fiscal period, or six-year period where applicable, based upon the estimated revenues as approved by the economic and revenue forecast council or upon the estimated revenues of the office of financial management for those funds, accounts, and sources for which the office of the economic and revenue forecast council does not prepare an official forecast, including those revenues anticipated to support the six-year programs and financial plans under RCW 44.40.070. In estimating revenues to support financial plans under RCW 44.40.070, the office of financial management shall rely on information and advice from the interagency revenue task force. Revenues shall be estimated for such fiscal period from the source and at the rates existing by law at the time of submission of the budget document, including the supplemental budgets submitted in the even-numbered years of a biennium. However, the estimated revenues for use in the governor's budget document may be adjusted to reflect budgetary revenue transfers and revenue estimates dependent upon budgetary assumptions of enrollments, workloads, and caseloads. All adjustments to the approved estimated revenues must be set forth in the budget document. The governor may additionally submit, as an appendix to each supplemental, biennial, or six-year agency budget or to the budget document or documents, a proposal for expenditures in the ensuing fiscal period from revenue sources derived from proposed changes in existing statutes.
Supplemental and biennial documents shall reflect a six-year expenditure plan consistent with estimated revenues from existing sources and at existing rates for those agencies required to submit six-year program and financial plans under RCW 44.40.070. Any additional revenue resulting from proposed changes to existing statutes shall be separately identified within the document as well as related expenditures for the six-year period.
The budget document or documents shall also contain:
(a) Revenues classified by fund and source for the immediately past fiscal period, those received or anticipated for the current fiscal period, those anticipated for the ensuing biennium, and those anticipated for the ensuing six-year period to support the six-year programs and financial plans required under RCW 44.40.070;
(b) The undesignated fund balance or deficit, by fund;
(c) Such additional information dealing with expenditures, revenues, workload, performance, and personnel as the legislature may direct by law or concurrent resolution;
(d) Such additional information dealing with revenues and expenditures as the governor shall deem pertinent and useful to the legislature;
(e) Tabulations showing expenditures classified by fund, function, activity and object;
(f) A delineation of each agency's activities, including those activities funded from nonbudgeted, nonappropriated sources, including funds maintained outside the state treasury; ((and))
(g) Identification of all proposed direct expenditures to implement the Puget Sound water quality plan under chapter 90.70 RCW, shown by agency and in total; and
(h) Tabulations showing each postretirement adjustment by retirement system established after fiscal year 1991, to include, but not be limited to, estimated total payments made to the end of the previous biennial period, estimated payments for the present biennium, and estimated payments for the ensuing biennium.
(2) The budget document or documents shall include detailed estimates of all anticipated revenues applicable to proposed operating or capital expenditures and shall also include all proposed operating or capital expenditures. The total of beginning undesignated fund balance and estimated revenues less working capital and other reserves shall equal or exceed the total of proposed applicable expenditures. The budget document or documents shall further include:
(a) Interest, amortization and redemption charges on the state debt;
(b) Payments of all reliefs, judgments and claims;
(c) Other statutory expenditures;
(d) Expenditures incident to the operation for each agency;
(e) Revenues derived from agency operations;
(f) Expenditures and revenues shall be given in comparative form showing those incurred or received for the immediately past fiscal period and those anticipated for the current biennium and next ensuing biennium, as well as those required to support the six-year programs and financial plans required under RCW 44.40.070;
(g) A showing and explanation of amounts of general fund and other funds obligations for debt service and any transfers of moneys that otherwise would have been available for appropriation;
(h) Common school expenditures on a fiscal-year basis;
(i) A showing, by agency, of the value and purpose of financing contracts for the lease/purchase or acquisition of personal or real property for the current and ensuing fiscal periods; and
(j) A showing and explanation of anticipated amounts of general fund and other funds required to amortize the unfunded actuarial accrued liability of the retirement system specified under chapter 41.45 RCW, and the contributions to meet such amortization, stated in total dollars and as a level percentage of total compensation.
(3) A separate capital budget document or schedule shall be submitted that will contain the following:
(a) A capital plan consisting of proposed capital spending for at least four fiscal periods succeeding the next fiscal period;
(b) A capital program consisting of proposed capital projects for at least the two fiscal periods succeeding the next fiscal period;
(c) A capital plan consisting of proposed capital spending for at least four fiscal periods succeeding the next fiscal period;
(d) A statement of the reason or purpose for a project;
(e) Verification that a project is consistent with the provisions set forth in chapter 36.70A RCW;
(f) A statement about the proposed site, size, and estimated life of the project, if applicable;
(g) Estimated total project cost;
(h) Estimated total project cost for each phase of the project as defined by the office of financial management;
(i) Estimated ensuing biennium costs;
(j) Estimated costs beyond the ensuing biennium;
(k) Estimated construction start and completion dates;
(l) Source and type of funds proposed;
(m) Such other information bearing upon capital projects as the governor deems to be useful;
(n) Standard terms, including a standard and uniform definition of maintenance for all capital projects;
(o) Such other information as the legislature may direct by law or concurrent resolution.
For purposes of this subsection (3), the term "capital project" shall be defined subsequent to the analysis, findings, and recommendations of a joint committee comprised of representatives from the house capital appropriations committee, senate ways and means committee, legislative transportation committee, legislative evaluation and accountability program committee, and office of financial management.
(4) No change affecting the comparability of agency or program information relating to expenditures, revenues, workload, performance and personnel shall be made in the format of any budget document or report presented to the legislature under this section or RCW 43.88.160(1) relative to the format of the budget document or report which was presented to the previous regular session of the legislature during an odd-numbered year without prior legislative concurrence. Prior legislative concurrence shall consist of (a) a favorable majority vote on the proposal by the standing committees on ways and means of both houses if the legislature is in session or (b) a favorable majority vote on the proposal by members of the legislative evaluation and accountability program committee if the legislature is not in session.
NEW SECTION. Sec. 8. This act shall take effect August 1, 1994."
On page 1, line 2 of the title, after "allowances;" strike the remainder of the title and insert "amending RCW 41.32.010, 41.32.575, 41.40.010, and 41.40.325; reenacting and amending RCW 43.88.030; adding a new section to chapter 41.32 RCW; adding a new section to chapter 41.40 RCW; and providing an effective date."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Linville moved that the House concur in the Senate amendments to House Bill No. 2905 and pass the bill as amended by the Senate. The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative R. Meyers presiding) stated the question before the House to be final passage of House Bill No. 2905 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2905, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 92, Nays - 0, Absent - 1, Excused - 5.
Voting yea: Representatives Anderson, Backlund, 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, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 92.
Absent: Representative Springer - 1.
Excused: Representatives Appelwick, Ballard, Morris, Padden and Riley - 5.
House Bill No. 2905 as amended by the Senate, having received the constitutional majority, was declared passed.
The Speaker (Representative R. Meyers presiding) declared the House to be at ease.
The Speaker called the House to order.
There being no objection, the House reverted to the fourth order of business.
INTRODUCTIONS AND FIRST READING
HCR 4436 by Representative Peery
Extending the cut-off date for certain specified bills.
On motion of Representative Peery, the rules were suspended and House Concurrent Resolution No. 4436 was advanced to the second reading calendar.
There being no objection, the House advanced to the sixth order of business.
SECOND READING
HCR 4436 by Representative Peery
Extending the cut-off date for certain specified bills.
The resolution was read the second time.
On motion of Representative Peery, the rules were suspended, the second reading considered the third, and the resolution was placed on final passage.
Representative Peery spoke in favor of passage of the resolution.
House Resolution No. 4436 was adopted.
On motion of Representative Peery, House Concurrent Resolution No. 4436 was immediately transmitted to the Senate.
MESSAGE FROM THE SENATE
March 7, 1994
Mr. Speaker:
The Senate refuses to concur in the House amendments to ENGROSSED SUBSTITUTE SENATE BILL NO. 6244, and asks the House for a conference thereon. The President has appointed the following members as Conferees; Senators Rinehart, McDonald and Quigley
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Sommers moved that the House grant the Senates request for a conference on Engrossed Substitute Senate Bill No. 6244. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives Sommers, Peery and Silver as Conferees on Engrossed Substitute Senate Bill No. 6244.
Representative Peery moved that the House recess until 5:30 p.m.
The Speaker declared the House to be at recess until 5:30 p.m.
EVENING SESSION
The Speaker called the House to order at 5:30 p.m.
The Clerk called the roll and a quorum was present.
MESSAGES FROM THE SENATE
March 7, 1994
Mr. Speaker:
The Senate has adopted:
HOUSE CONCURRENT RESOLUTION NO. 4436,
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
March 7, 1994
Mr. Speaker:
The President has signed:
SUBSTITUTE SENATE BILL NO. 5038,
SECOND SUBSTITUTE SENATE BILL NO. 5341,
SECOND SUBSTITUTE SENATE BILL NO. 5698,
SUBSTITUTE SENATE BILL NO. 5714,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5995,
SUBSTITUTE SENATE BILL NO. 6000,
ENGROSSED SENATE BILL NO. 6037,
SUBSTITUTE SENATE BILL NO. 6039,
SUBSTITUTE SENATE BILL NO. 6045,
SUBSTITUTE SENATE BILL NO. 6063,
SUBSTITUTE SENATE BILL NO. 6082,
SUBSTITUTE SENATE BILL NO. 6093,
SUBSTITUTE SENATE BILL NO. 6100,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6125,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6155,
ENGROSSED SENATE BILL NO. 6158,
SUBSTITUTE SENATE BILL NO. 6188,
and the same are herewith transmitted.
Marty Brown, Secretary
SIGNED BY THE SPEAKER
The Speaker announced he was signing:
SUBSTITUTE SENATE BILL NO. 5038,
SECOND SUBSTITUTE SENATE BILL NO. 5341,
SECOND SUBSTITUTE SENATE BILL NO. 5698,
SUBSTITUTE SENATE BILL NO. 5714,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5995,
SUBSTITUTE SENATE BILL NO. 6000,
ENGROSSED SENATE BILL NO. 6037,
SUBSTITUTE SENATE BILL NO. 6039,
SUBSTITUTE SENATE BILL NO. 6045,
SUBSTITUTE SENATE BILL NO. 6063,
SUBSTITUTE SENATE BILL NO. 6082,
SUBSTITUTE SENATE BILL NO. 6093,
SUBSTITUTE SENATE BILL NO. 6100,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6125,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6155,
ENGROSSED SENATE BILL NO. 6158,
SUBSTITUTE SENATE BILL NO. 6188,
March 7, 1994
Mr. Speaker:
The Senate grants the request of the House for a conference on SUBSTITUTE HOUSE BILL NO. 2627. The President has appointed the following members as Conferees; Senators Moore, Amondson and Prentice
and the same is herewith transmitted.
Marty Brown, Secretary
March 7, 1994
Mr. Speaker:
The Senate grants the request of the House for a conference on ENGROSSED HOUSE BILL NO. 2664. The President has appointed the following members as Conferees; Senators Rinehart, Cantu and Owen
and the same is herewith transmitted.
Marty Brown, Secretary
March 7, 1994
Mr. Speaker:
The Senate grants the request of the House for a conference on ENGROSSED HOUSE BILL NO. 1756. The President has appointed the following members as Conferees; Senators Sutherland, Hochstatter and Prentice
and the same is herewith transmitted.
Marty Brown, Secretary
March 7, 1994
Mr. Speaker:
The Senate grants the request of the House for a conference on ENGROSSED HOUSE BILL NO. 2670. The President has appointed the following members as Conferees; Senators Rinehart, McDonald and Owen
and the same is herewith transmitted.
Marty Brown, Secretary
March 7, 1994
Mr. Speaker:
The Senate grants the request of the House for a conference on SUBSTITUTE HOUSE BILL NO. 2671. The President has appointed the following members as Conferees; Senators Rinehart, McDonald and Owen
and the same is herewith transmitted.
Marty Brown, Secretary
March 7, 1994
Mr. Speaker:
The Senate grants the request of the House for a conference on HOUSE BILL NO. 2486. The President has appointed the following members as Conferee; Senators Haugen, McDonald and Drew
and the same is herewith transmitted.
Marty Brown, Secretary
SENATE AMENDMENTS TO HOUSE BILL
March 4, 1994
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 2480 with the following amendments:
On page 1, after line 8, insert the following:
"NEW SECTION. Sec. 2. A new section is added to chapter 75.20 RCW to read as follow:
Local governments shall not charge taxes or permit fees for fish enhancement projects that are proposed by state agencies, cooperative groups, and regional fisheries enhancement groups."
On page 1, line 2 of the title, after "RCW;" insert "adding a new section to chapter 75.20 RCW;"
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
With the consent of the House, the House deferred further consideration of House Bill No. 2480.
MESSAGE FROM THE SENATE
Mr. Speaker:
The Senate refuses to concur in the House amendments to SECOND SUBSTITUTE SENATE BILL NO. 5372 and asks the House for a conference thereon. The President has appointed the following members as Conferees; Senators Haugen, Winsley and Loveland
and the same is herewith transmitted.
Marty Brown, Secretary
With the consent of the House, the House deferred further consideration of Second Substitute Senate Bill No. 5372.
March 5, 1994
MESSAGE FROM THE SENATE
March 5, 1994
Mr. Speaker:
The Senate refuses to concur in the House amendments to ENGROSSED SENATE BILL NO. 5449, and asks the House for a conference thereon. The President has appointed the following members as Conferees; Senators A. Smith, Schow and Hargrove
and the same is herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Johanson moved that the House grant the request of the Senate for a conference on Engrossed Senate Bill No. 5449. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives Johanson, Chappell and Ballasiotes as Conferees on Engrossed Senate Bill No. 5449.
MESSAGE FROM THE SENATE
March 6, 1994
Mr. Speaker:
The Senate refuses to concur in the House amendments to ENGROSSED SENATE BILL NO. 6025 and asks the House for a conference thereon. The President has appointed the following members as Conferees; Senators Haugen, Winsley and Drew
and the same is herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Springer moved that the House grant the request of the Senate for a conference on Engrossed Senate Bill No. 6025. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives H. Myers, Springer and Edmondson as Conferees on Engrossed Senate Bill No. 6025.
MESSAGE FROM THE SENATE
March 6, 1994
Mr. Speaker:
The Senate refuses to concur in the House amendments to SENATE BILL NO. 6055 and asks the House for a conference thereon. The President has appointed the following members as conferees; Senators Haugen, Winsley and Loveland.
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Springer moved that the House grant the request of the Senate for a conference on Senate Bill No. 6055. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives H. Myers, Dunshee and Edmondson as Conferees on Senate Bill No. 6055.
MESSAGE FROM THE SENATE
March 6, 1994
Mr. Speaker:
The Senate refuses to concur in the House amendments to ENGROSSED SUBSTITUTE SENATE BILL NO. 6068 and asks the House for a conference thereon. The President has appointed the following members as Conferees; Senators Fraser, Morton and Talmadge
and the same is herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Rust moved that the House grant the request of the Senate for a conference on Engrossed Substitute Senate Bill No. 6068. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives Rust, L. Johnson and Horn as Conferees on Engrossed Substitute Senate Bill No. 6068.
MESSAGE FROM THE SENATE
March 5, 1994
Mr. Speaker:
The Senate refuses to concur in the House amendments to SUBSTITUTE SENATE BILL NO. 6089 and asks the House for a conference thereon. The President has appointed the following members as conferees; Senators Sutherland, West and Loveland
and the same is herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Brown moved that the House grant the request of the Senate for a conference on Substitute Senate Bill No. 6089. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives R. Fisher, Jones and Mielke as Conferees on Substitute Senate Bill No. 6089.
MESSAGE FROM THE SENATE
March 5, 1994
Mr. Speaker:
The Senate refuses to concur in the House amendments to SUBSTITUTE SENATE BILL NO. 6204 and asks the House for a conference thereon. The President has appointed the following members as Conferees; Senators Snyder, Oke, Owen
and the same is herewith transmitted.
Marty Brown, Secretary
MOTION
Representative King moved that the House grant the request of the Senate for a conference on Substitute Senate Bill No. 6204. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives King, Quall and Talcott as Conferees on Substitute Senate Bill No. 6204.
MESSAGE FROM THE SENATE
March 7, 1994
Mr. Speaker:
The Senate refuses to concur in the House amendments to SUBSTITUTE SENATE BILL NO. 6243, and asks the House for a conference thereon. The President has appointed the following members as Conferees; Senators Snyder, West and Quigley
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
MOTION
Representative Ogden moved that the House grant the request of the Senate for a conference on Substitute Senate Bill No. 6243. The motion was carried.
APPOINTMENT OF CONFEREES
The Speaker appointed Representatives Wang, Ogden and Sehlin as Conferees on Substitute Senate Bill No. 6243.
SIGNED BY THE SPEAKER
The Speaker announced he was signing:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2224,
SUBSTITUTE HOUSE BILL NO. 2412,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2863,
SUBSTITUTE HOUSE BILL NO. 2865,
MESSAGE FROM THE SENATE
March 5, 1994
Mr. Speaker:
The Senate refuses to concur in the House amendments to THIRD SUBSTITUTE SENATE BILL NO. 5918 and asks the House for a conference thereon. The President has appointed the following members as Conferees; Senators Drew, Nelson and Vognild
and the same is herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Brown moved that the House insist on its position regarding the House amendments to Third Substitute Senate Bill No. 5918 and again ask the Senate to concur therein. The motion was carried.
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Peery, the House adjourned until 8:30 a.m., Tuesday, March 8, 1994.
BRIAN EBERSOLE, Speaker
MARILYN SHOWALTER, Chief Clerk