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FIFTY-FOURTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Friday, March 4, 1994
The Senate was called to order at 8:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Cantu, Deccio, Niemi, Quigley, Rasmussen, Rinehart and Sellar. On motion of Senator Oke, Senators Cantu, Deccio and Sellar were excused.
The Sergeant at Arms Color Guard, consisting of Pages David Baldwin and Joshua Reno, presented the Colors. Senator Bob Morton offered the prayer.
MOTION
On motion of Senator Newhouse, the reading of the Journal of the previous day was dispensed with and it was approved.
REPORT OF SELECT COMMITTEE
DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Olympia, Washington 98504-0095
February 24, 1994
Marty Brown
Secretary of the Senate
Legislative Building
Olympia, Washington 98504
Dear Secretary Brown:
Enclosed is the Report to the Legislature required by Senate Bill No. 6319 (Chapter 230, Section 2, Laws of 1992). This legislation required the Department of Social and Health Services to develop an implementation strategy to discourage the inappropriate placement of persons with developmental disabilities, head injury, and substance abuse at the state mental hospitals and encourage their care in community settings.
Sincerely,
JEAN SOLIZ, Secretary
The Select Committee Report is on file in the Office of the Secretary of the Senate.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Haugen, Gubernatorial Appointment No. 9392, Eugene Matt, as a member of the Personnel Board, was confirmed.
APPOINTMENT OF EUGENE MATT
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 4; Excused, 3.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Roach, Schow, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 42.
Absent: Senators Niemi, Quigley, Rasmussen, M. and Rinehart - 4.
Excused: Senators Cantu, Deccio and Sellar - 3.
MOTION
On motion of Senator Drew, Senators Niemi, Rasmussen and Rinehart were excused.
MOTION
On motion of Senator Vognild, Gubernatorial Appointment No. 9441, Richard G. Thompson, Jr., as a member of the Transportation Commission, was confirmed.
APPOINTMENT OF RICHARD G. THOMPSON, JR.
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.
Voting yea: Senators Amondson, Anderson, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Roach, Schow, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 43.
Absent: Senator Bauer - 1.
Excused: Senators Cantu, Niemi, Rasmussen, M., Rinehart and Sellar - 5.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2628, by House Committee on Local Government (originally sponsored by Representatives R. Fisher, Campbell, Edmondson, Sommers, Appelwick and Dorn)
Revising provisions relating to condemnation of blighted property.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, Engrossed Substitute House Bill No. 2628 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2628.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2628 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 8; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Moyer, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Winsley and Wojahn - 38.
Voting nay: Senators Amondson, Cantu, Morton, Nelson, Newhouse, Roach, Schow and Williams - 8.
Excused: Senators Niemi, Rinehart and Sellar - 3.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2628, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED HOUSE BILL NO. 2702, by Representatives Brown, Orr and Padden
Concerning public improvement bonds' retainage level.
The bill was read the second time.
MOTION
On motion of Senator Moore, the rules were suspended, Engrossed House Bill No. 2702 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2702.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 2702 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Excused: Senators Niemi and Sellar - 2.
ENGROSSED HOUSE BILL NO. 2702, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2642, by House Committee on Commerce and Labor (originally sponsored by Representatives Heavey and Lisk) (by request of Department of Community Development)
Modifying fireworks enforcement protection services.
The bill was read the second time.
MOTION
On motion of Senator Moore, the rules were suspended, Substitute House Bill No. 2642 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
REQUEST TO BE EXCUSED
Citing Rule 22, and a possible conflict of interest, Senator Talmadge requested to be excused from voting on Substitute House Bill No. 2642.
The President declared the question before the Senate to be the roll call on the final passage of Substituted House Bill No. 2642.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2642 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 2; Absent, 0; Excused, 3.
Voting yea: Senators Amondson, Anderson, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, West, Williams, Winsley and Wojahn - 44.
Voting nay: Senators Bluechel and McCaslin - 2.
Excused: Senators Niemi, Sellar and Talmadge - 3.
SUBSTITUTE HOUSE BILL NO. 2642, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 8:41 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 8:53 a.m. by President Pritchard.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Newhouse, Gubernatorial Appointment No. 9290, Norman F. Richardson, as a member of the Wildlife Commission, was confirmed.
APPOINTMENT OF NORMAN F. RICHARDSON
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Absent: Senator Ludwig - 1.
Excused: Senator Niemi - 1.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2655, by House Committee on Trade, Economic Development and Housing (originally sponsored by Representatives Shin, H. Myers and Forner) (by request of Department of Community Development)
Revising provisions relating to ownership of manufactured homes.
The bill was read the second time.
MOTION
On motion of Senator Snyder, the rules were suspended, Substitute House Bill No. 2655 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2655.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2655 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Voting nay: Senators Amondson and Newhouse - 2.
SUBSTITUTE HOUSE BILL NO. 2655, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 2558, by Representative Zellinsky (by request of Utilities and Transportation Commission)
Changing provisions relating to regulation of securities issued by regulated utilities and transportation companies.
The bill was read the second time.
MOTIONS
On motion of Senator Sutherland, the following Committee on Energy and Utilities amendment was adopted:
On page 9, after line 29, delete subsection (1) and renumber the remaining subsections consecutively
On motion of Senator Sutherland, the following amendments by Senators Sutherland, Hochstatter and Ludwig were considered simultaneously and were adopted:
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"
MOTIONS
On motion of Senator Sutherland, the following title amendment was adopted:
On page 1, line 7 of the title, after "80.08.105," delete "81.08.010,"
On motion of Senator Sutherland, the rules were suspended, Substitute House Bill No. 2558, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2558, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2558, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 49.
SUBSTITUTE HOUSE BILL NO. 2558, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 2333, by Representatives Eide, Johanson, H. Myers, Heavey, Wineberry, Karahalios, Brough and Kessler
Preventing custodial interference.
The bill was read the second time.
MOTION
On motion of Senator Adam Smith, the rules were suspended, House Bill No. 2333 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2333.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2333 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 49.
HOUSE BILL NO. 2333, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 2592, by Representatives R. Fisher, Schmidt, Wood and Springer (by request of Department of Transportation)
Harmonizing oversize vehicle permit laws.
The bill was read the second time.
MOTION
On motion of Senator Vognild, the rules were suspended, House Bill No. 2592 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2592.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2592 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 1; Excused, 0.
Voting yea: Senators Amondson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Voting nay: Senator Anderson - 1.
Absent: Senator Hargrove - 1.
HOUSE BILL NO. 2592, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2412, by House Committee on Transportation (originally sponsored by Representatives Zellinsky and Schmidt)
Revising provisions relating to registration of rental cars.
The bill was read the second time.
MOTION
On motion of Senator Vognild, the rules were suspended, Substitute House Bill No. 2412 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2412.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2412 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 48.
Absent: Senator Hargrove - 1.
SUBSTITUTE HOUSE BILL NO. 2412, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2626, by House Committee on Commerce and Labor (originally sponsored by Representatives Mastin and Grant)
Providing for the enforcement of plumbing certificate of competency requirements.
The bill was read the second time.
MOTIONS
Senator Moore moved that the following Committee on Labor and Commerce amendments be considered simultaneously and be adopted:
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."
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"
On motion of Senator Moore, the following amendment by Senators Moore and Amondson to the Committee on Labor and Commerce amendments was adopted:
On page 1, line 9 of the amendment, after "business." insert "However, in no case shall this section apply to a contractor who is contracting for work on his or her own residence."
The President declared the question before the Senate to be adoption of the Committee on Labor and Commerce amendments on page 2, lines 5, 9, 22 and 24, as amended, to Engrossed Substitute House Bill No. 2626.
The motion by Senator Moore carried and the Committee on Labor and Commerce amendments, as amended, were adopted.
MOTION
On motion of Senator Moore, the rules were suspended, Engrossed Substitute House Bill No. 2626, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2626, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2626, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 31; Nays, 17; Absent, 1; Excused, 0.
Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 31.
Voting nay: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Morton, Moyer, Nelson, Newhouse, Oke, Schow, Sellar and Smith, L. - 17.
Absent: Senator Rinehart - 1.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2626, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2277, by House Committee on Education (originally sponsored by Representatives Jones, Dorn, R. Meyers, Schmidt, Pruitt, Karahalios, Holm, Kessler, Zellinsky, Brough, Mastin, Patterson, Basich and J. Kohl)
Changing teacher evaluation provisions.
The bill was read the second time.
MOTION
On motion of Senator Pelz, the rules were suspended, Substitute House Bill No. 2277 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2277.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2277 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 18; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Deccio, Drew, Franklin, Fraser, Gaspard, Haugen, Loveland, Ludwig, McAuliffe, Moyer, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Vognild, Williams, Winsley and Wojahn - 31.
Voting nay: Senators Amondson, Bluechel, Cantu, Erwin, Hargrove, Hochstatter, McCaslin, McDonald, Moore, Morton, Nelson, Newhouse, Roach, Schow, Sellar, Smith, L., Talmadge and West - 18.
SUBSTITUTE HOUSE BILL NO. 2277, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 2382, by Representatives Veloria, Lisk, Heavey, Horn, Anderson, Schmidt, King, Chandler, Conway and Springer
Changing gambling provisions.
The bill was read the second time.
MOTION
On motion of Senator Moore, the rules were suspended, House Bill No. 2382 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
PARLIAMENTARY INQUIRY
Senator McDonald: "Mr. President, would you rule on whether this is a sixty percent requirement or not?"
RULING BY THE PRESIDENT
President Pritchard: "Yes, just give us a minute here. The President rules that it does expand gambling and will take a sixty percent vote."
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2382.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2382 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 14; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Deccio, Drew, Erwin, Fraser, Gaspard, Hochstatter, Loveland, Ludwig, McAuliffe, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Schow, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild and West - 35.
Voting nay: Senators Cantu, Franklin, Hargrove, Haugen, McCaslin, McDonald, Oke, Rasmussen, M., Rinehart, Roach, Smith, L., Williams, Winsley and Wojahn - 14.
HOUSE BILL NO. 2382, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 9:59 a.m., on motion of Senator Gaspard, the Senate was declared to be at ease.
The Senate was called to order at 11:15 a.m. by President Pritchard.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the 1994 Hubert Humphrey Scholars who were seated in the gallery.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2464, by House Committee on Local Government (originally sponsored by Representatives H. Myers, Edmondson, Jones, Brown, Springer, Wolfe, Shin, Kessler, Ogden, Leonard, Thibaudeau, Flemming, J. Kohl, Dunshee, Reams, R. Fisher, Romero, Wood, Morris, Sommers, Zellinsky, Orr, Mastin, Kremen, Appelwick, Wang, Peery, Cooke, Wineberry, Karahalios, Brough, Caver, King, Eide and L. Johnson)
Limiting zoning regulation of family day-care providers' home facilities.
The bill was read the second time.
MOTION
Senator Haugen moved that the following Committee on Government Operations amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 35.63 RCW to read as follows:
No city may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice which prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's home facility.
A city may restrict the hours of operation of a family day-care provider and may require proof of written notification by the family day-care provider that the adjoining property owners have been informed of the intent to locate and maintain such a facility.
This section has no application to a city that as of the effective date of this section has adopted regulations or ordinances that substantially accomplish the purpose of this section.
Nothing in this section shall be construed to prohibit a city from imposing zoning conditions on the establishment and maintenance of a family day-care provider's home in an area zoned for residential or commercial use, so long as such conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone and the establishment of such facilities is not precluded. As used in this section, "family day-care provider" is as defined in RCW 74.15.020.
NEW SECTION. Sec. 2. A new section is added to chapter 35A.63 RCW to read as follows:
No city may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice which prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's home facility.
A city may restrict the hours of operation of a family day-care provider and may require proof of written notification by the family day-care provider that the adjoining property owners have been informed of the intent to locate and maintain such a facility.
This section has no application to a city that as of the effective date of this section has adopted regulations or ordinances that substantially accomplish the purpose of this section.
Nothing in this section shall be construed to prohibit a city from imposing zoning conditions on the establishment and maintenance of a family day-care provider's home in an area zoned for residential or commercial use, so long as such conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone and the establishment of such facilities is not precluded. As used in this section, "family day-care provider" is as defined in RCW 74.15.020.
NEW SECTION. Sec. 3. A new section is added to chapter 36.70 RCW to read as follows:
No county may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice which prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's home facility.
A county may restrict the hours of operation of a family day-care provider and may require proof of written notification by the family day-care provider that the adjoining property owners have been informed of the intent to locate and maintain such a facility.
This section has no application to a county that as of the effective date of this section has adopted regulations or ordinances that substantially accomplish the purpose of this section.
Nothing in this section shall be construed to prohibit a county from imposing zoning conditions on the establishment and maintenance of a family day-care provider's home in an area zoned for residential or commercial use, so long as such conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone and the establishment of such facilities is not precluded. As used in this section, "family day-care provider" is as defined in RCW 74.15.020.
NEW SECTION. Sec. 4. A new section is added to chapter 36.70A RCW to read as follows:
No city or county that plans or elects to plan under this chapter may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice which prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's home facility.
A city or county may restrict the hours of operation of a family day-care provider and may require proof of written notification by the family day-care provider that the adjoining property owners have been informed of the intent to locate and maintain such a facility.
This section has no application to a city or county that as of the effective date of this section has adopted regulations or ordinances that substantially accomplish the purpose of this section.
Nothing in this section shall be construed to prohibit a city or county that plans or elects to plan under this chapter from imposing zoning conditions on the establishment and maintenance of a family day-care provider's home in an area zoned for residential or commercial use, so long as such conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone and the establishment of such facilities is not precluded. As used in this section, "family day-care provider" is as defined in RCW 74.15.020.
Sec. 5. RCW 74.15.020 and 1991 c 128 s 14 are each amended to read as follows:
For the purpose of chapter 74.15 RCW and RCW 74.13.031, and unless otherwise clearly indicated by the context thereof, the following terms shall mean:
(1) "Department" means the state department of social and health services;
(2) "Secretary" means the secretary of social and health services;
(3) "Agency" means any person, firm, partnership, association, corporation, or facility which receives children, expectant mothers, or persons with developmental disabilities for control, care, or maintenance outside their own homes, or which places, arranges the placement of, or assists in the placement of children, expectant mothers, or persons with developmental disabilities for foster care or placement of children for adoption, and shall include the following irrespective of whether there is compensation to the agency or to the children, expectant mothers or persons with developmental disabilities for services rendered:
(a) "Group-care facility" means an agency, other than a foster-family home, which is maintained and operated for the care of a group of children on a twenty-four hour basis;
(b) "Child-placing agency" means an agency which places a child or children for temporary care, continued care, or for adoption;
(c) "Maternity service" means an agency which provides or arranges for care or services to expectant mothers, before or during confinement, or which provides care as needed to mothers and their infants after confinement;
(d) "Day-care center" means an agency which regularly provides care for a group of children for periods of less than twenty-four hours;
(e) "Family day-care provider" means a licensed day-care provider who regularly provides day care for not more than twelve children in the provider's home in the family living quarters;
(f) "Foster-family home" means an agency which regularly provides care on a twenty-four hour basis to one or more children, expectant mothers, or persons with developmental disabilities in the family abode of the person or persons under whose direct care and supervision the child, expectant mother, or person with a developmental disability is placed;
(((f))) (g) "Crisis residential center" means an agency which is a temporary protective residential facility operated to perform the duties specified in chapter 13.32A RCW, in the manner provided in RCW 74.13.032 through 74.13.036.
(4) "Agency" shall not include the following:
(a) Persons related by blood or marriage to the child, expectant mother, or persons with developmental disabilities in the following degrees: Parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, and/or first cousin;
(b) Persons who are legal guardians of the child, expectant mother, or persons with developmental disabilities;
(c) Persons who care for a neighbor's or friend's child or children, with or without compensation, where the person does not engage in such activity on a regular basis, or where parents on a mutually cooperative basis exchange care of one another's children, or persons who have the care of an exchange student in their own home;
(d) A person, partnership, corporation, or other entity that provides placement or similar services to exchange students or international student exchange visitors;
(e) Nursery schools or kindergartens which are engaged primarily in educational work with preschool children and in which no child is enrolled on a regular basis for more than four hours per day;
(f) Schools, including boarding schools, which are engaged primarily in education, operate on a definite school year schedule, follow a stated academic curriculum, accept only school-age children and do not accept custody of children;
(g) Seasonal camps of three months' or less duration engaged primarily in recreational or educational activities;
(h) Hospitals licensed pursuant to chapter 70.41 RCW when performing functions defined in chapter 70.41 RCW, nursing homes licensed under chapter 18.51 RCW and boarding homes licensed under chapter 18.20 RCW;
(i) Licensed physicians or lawyers;
(j) Facilities providing care to children for periods of less than twenty-four hours whose parents remain on the premises to participate in activities other than employment;
(k) Facilities approved and certified under chapter 71A.22 RCW;
(l) Any agency having been in operation in this state ten years prior to June 8, 1967, and not seeking or accepting moneys or assistance from any state or federal agency, and is supported in part by an endowment or trust fund;
(m) Persons who have a child in their home for purposes of adoption, if the child was placed in such home by a licensed child-placing agency, an authorized public or tribal agency or court or if a replacement report has been filed under chapter 26.33 RCW and the placement has been approved by the court;
(n) An agency operated by any unit of local, state, or federal government or an agency, located within the boundaries of a federally recognized Indian reservation, licensed by the Indian tribe;
(o) An agency located on a federal military reservation, except where the military authorities request that such agency be subject to the licensing requirements of this chapter.
(5) "Requirement" means any rule, regulation or standard of care to be maintained by an agency."
Debate ensued.
The President declared the question before the Senate to be the adoption of the Committee on Government Operations striking amendment to Substitute House Bill No. 2464.
The motion by Senator Haugen failed and the Committee on Government Operations striking amendment was not adopted on a rising vote.
MOTION
On motion of Senator Spanel, further consideration of Substitute House Bill No. 2464 was deferred.
SECOND READING
ENGROSSED HOUSE BILL NO. 2555, by Representative Heavey (by request of Department of Health)
Modifying licensing and inspection of transient accommodations.
The bill was read the second time.
MOTIONS
On motion of Senator Talmadge, the following Committee on Health and Human Services amendment was adopted:
On page 3, line 11, after "board." insert the following:
"NEW SECTION. Sec. 5.
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."On motion of Senator Talmadge, the rules were suspended, Engrossed House Bill No. 2555, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2555, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 2555, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 48.
Absent: Senator Quigley - 1.
ENGROSSED HOUSE BILL NO. 2555, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 2480, by Representatives G. Fisher and Foreman (by request of Department of Revenue)
Relating to the taxation of manufacturers of fish products.
The bill was read the second time.
MOTIONS
On motion of Senator Rinehart, the following amendment by Senators Rinehart, Hargrove, Owen and Oke was adopted:
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."
Renumber the remainder sections consecutively and correct any internal references accordingly
On motion of Senator Rinehart, the following title amendment was adopted:
On page 1, line 2 of the title, after "RCW;" insert "adding a new section to chapter 75.20 RCW;"
MOTION
On motion of Senator Rinehart, the rules were suspended, House Bill No. 2480, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2480, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2480, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Absent: Senators McDonald and Quigley - 2.
HOUSE BILL NO. 2480, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2479, by House Committee on Revenue (originally sponsored by Representatives G. Fisher, Foreman, Karahalios and Springer) (by request of Department of Revenue)
Making technical corrections of excise and property tax statutes.
The bill was read the second time.
MOTION
Senator Prince moved that the following amendment be adopted:
On page 6, after line 4, insert the following:
"Sec. 5. RCW 82.04.470 and 1993 1st sp.s. c 25 s 701 are each amended to read as follows:
(1) Unless a seller has taken from the buyer a resale certificate, the burden of proving that a sale of tangible personal property, or of services, was not a sale at retail shall be upon the person who made it.
(2) If a seller does not receive a resale certificate at the time of the sale, have a resale certificate on file at the time of the sale, or obtain a resale certificate from the buyer within a reasonable time after the sale, the seller shall remain liable for the tax as provided in RCW 82.08.050, unless the seller can demonstrate facts and circumstances according to rules adopted by the department of revenue that show the sale was properly made without payment of sales tax.
(3) Resale certificates shall be valid for a period of four years from the date the certificate is provided to the seller.
(4) The department may provide by rule for suggested forms for resale certificates or equivalent documents containing the information that will be accepted as resale certificates. The department shall provide by rule the categories of items or services that must be specified on resale certificates and the business classifications that may use a blanket resale certificate.
(5) The department shall develop a form to meet the unique buying conditions of the landlord-tenant relationship within the agricultural industry. In no instance may a landlord farmer be held liable for any tax liability under this section that may be due on the purchase and use of products handled exclusively by a tenant farmer, nor may the landlord farmer be required to sign a form that includes such language. For purposes of this section, any tax liability shall be borne by the tenant farmer making the purchases on behalf of the landlord farmer.
(((5))6) As used in this section, "resale certificate" means documentation provided by a buyer to a seller stating that the purchase is for resale in the regular course of business, or that the buyer is exempt from retail sales tax, and containing the following information:
(a) The name and address of the buyer;
(b) The uniform business identifier or revenue registration number of the buyer, if the buyer is required to [be] registered;
(c) The type of business engaged in;
(d) The categories of items or services to be purchased for resale or that are exempt, unless the buyer is in a business classification that may present a blanket resale certificate as provided by the department by rule;
(e) The date on which the certificate was provided;
(f) A statement that the items or services purchased either: (i) Are purchased for resale in the regular course of business; or (ii) are exempt from tax pursuant to statute;
(g) A statement that the buyer acknowledges that the buyer is solely responsible for purchasing within the categories specified on the certificate and that misuse of the resale or exemption privilege claimed on the certificate subjects the buyer to a penalty of fifty percent of the tax due, in addition to the tax, interest, and any other penalties imposed by law;
(h) The name of the individual authorized to sign the certificate, printed in a legible fashion;
(i) The signature of the authorized individual; and
(j) The name of the seller."
Renumber the remaining sections consecutively
POINT OF ORDER
Senator Spanel: "I rise to the question of scope and object on this amendment. The underlying bill deals with technical issues and the amendment is a major policy issue."
Further debate ensued.
There being no objection, the President deferred further consideration of Substitute House Bill No. 2479.
MOTION
On motion of Senator Oke, Senator Cantu was excused.
SECOND READING
HOUSE BILL NO. 2481, by Representatives Holm, G. Fisher, Foreman and Kremen (by request of Department of Revenue)
Modifying use tax on tangible personal property used in this state by a person engaged in business outside this state.
The bill was read the second time.
MOTION
On motion of Senator Rinehart, the rules were suspended, House Bill No. 2481 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2481.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2481 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 3; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Prentice, Prince, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 45.
Absent: Senators McAuliffe, Pelz and Quigley - 3.
Excused: Senator Cantu - 1.
HOUSE BILL NO. 2481, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTIONS
On motion of Senator Oke, Senator Prince was excused.
On motion of Senator Drew, Senators McAuliffe and Quigley were excused.
SECOND READING
HOUSE BILL NO. 2482, by Representatives Holm, Foreman, Brough, B. Thomas, Forner, Long, Springer, Kessler, Cooke and Wood (by request of Department of Revenue)
Extending the qualifying date for tax deferral of certain investment projects.
The bill was read the second time.
MOTION
On motion of Senator Rinehart, the rules were suspended, House Bill No. 2482 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2482.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2482 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 45.
Excused: Senators Cantu, McAuliffe, Prince and Quigley - 4.
HOUSE BILL NO. 2482, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Loveland, Senators Gaspard and Vognild were excused.
STATEMENT FOR THE JOURNAL
I missed votes on Engrossed House Bill No. 2643, as amended by the Senate; Second Substitute House Bill No. 2616, as amended by the Senate; Substitute House Bill No. 2428; Second Substitute House Bill No. 2228, as amended by the Senate; House Bill No. 2478, as amended by the Senate; and Substitute House Bill No. 2351, as amended by the Senate; on the floor of the Senate because I was called away for a meeting with the Governor.
MARCUS S. GASPARD, 25th District
SECOND READING
ENGROSSED HOUSE BILL NO. 2643, by Representatives Sommers and Silver (by request of Department of Retirement Systems)
Cross-referencing pension statutes.
The bill was read the second time.
MOTIONS
On motion of Senator Bauer, the following amendments by Senators Bauer and Rinehart were considered simultaneously and were adopted:
On page 1, line 19, after "retirees." insert "Sections 6 and 7 of this act create the pension improvement account in the state treasury and direct the transfer of moneys deposited in the budget stabilization account by the 1993-95 operating appropriations act, section 919, chapter 24, Laws of 1993 sp. sess., for the continuing costs of state retirement system benefits to the pension improvement account."
On page 18, after line 12, insert the following:
"NEW SECTION. Sec. 6. A new section is added to chapter 41.04 RCW to read as follows:
The pension improvement account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the continuing costs of any state retirement system benefits.
NEW SECTION. Sec. 7. On July 1, 1995, the state treasurer shall transfer twenty-five million dollars from the budget stabilization account to the pension improvement account created under section 6 of this act."
On motion of Senator Rinehart, the following title amendments were considered simultaneously and were adopted:
On page 1, line 3 of the title, after "41.26 RCW;" insert "adding a new section to chapter 41.04 RCW;"
On page 1, line 3 of the title, after "creating" strike "a new section" and insert "new sections"
MOTION
On motion of Senator Rinehart, the rules were suspended, Engrossed House Bill No. 2643, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2643, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 2643, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Williams and Wojahn - 43.
Absent: Senator Winsley - 1.
Excused: Senators Gaspard, McAuliffe, Prince, Quigley and Vognild - 5.
ENGROSSED HOUSE BILL NO. 2643, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 2320, by Representatives Holm, Horn, Rust and Cothern (by request of Department of Ecology)
Reviewing sewerage or disposal systems.
The bill was read the second time.
MOTION
Senator Owen moved that the following amendment by Senators Owen, Oke and Sheldon be adopted:
On page 2, after line 8, insert the following:
"Sec. 2. RCW 70.05.060 and 1991 c 3 s 308 are each amended to read as follows:
(1) Each local board of health shall have supervision over all matters pertaining to the preservation of the life and health of the people within its jurisdiction and shall:
(((1))) (a) Enforce through the local health officer or the administrative officer appointed under RCW 70.05.040, if any, the public health statutes of the state and rules promulgated by the state board of health and the secretary of health;
(((2))) (b) Supervise the maintenance of all health and sanitary measures for the protection of the public health within its jurisdiction;
(((3))) (c) Enact such local rules and regulations as are necessary in order to preserve, promote and improve the public health and provide for the enforcement thereof;
(((4))) (d) Provide for the control and prevention of any dangerous, contagious or infectious disease within the jurisdiction of the local health department;
(((5))) (e) Provide for the prevention, control and abatement of nuisances detrimental to the public health;
(((6))) (f) Make such reports to the state board of health through the local health officer or the administrative officer as the state board of health may require; ((and
(7))) (g) Establish fee schedules for issuing or renewing licenses or permits or for such other services as are authorized by the law and the rules of the state board of health: PROVIDED, That such fees for services shall not exceed the actual cost of providing any such services; and
(h) Adopt rules regulating the design, construction, installation, and maintenance of "systems of sewerage" as defined in RCW 36.94.010. Such rules shall be submitted to the appropriate state agencies for approval pursuant to RCW 36.94.100 and shall conform to standards established by the department of health except that:
(i) The local rules may vary from the state standards when the local board has determined that the variance will not pose any hazard to the public health; and
(ii) The department of health may require the local board to adopt a repair and maintenance standard to ensure on-site sanitary systems meet the requirements for a safe, functioning system.
(2) The department of health, upon giving its approval to the local board of health on-site sanitary system rules, shall grant the county authority to, by adoption of its rules, system of sewerage plan or amendments, approve and issue a permit for the installation of an on-site sanitary system that varies from the state standards for on-site sanitary systems without obtaining a waiver from the department of health."
POINT OF ORDER
Senator Fraser: "A point of order, Mr. President. I believe this amendment exceeds the scope and object of the bill. This bill relates to existing authority of the Department of Ecology only. It does not add or subtract from regulations, regulatory responsibilities or change any standards whatsoever. It merely allows the department to delegate some of its existing authority to local governments if they qualify and they want to do it--dealing with review of engineering reports for construction expansion of sewer systems.
"In contrast, what this amendment does is, it adds a new department, the Department of Health. It makes major substantive changes to the role of the State Health Department regarding all septic tanks in the state of Washington and the relationship of state and local government regarding septic tank standards and regulations. The amendment has the effect of eliminating minimum state standards for design, construction and installation of septic tanks. It would allow each county, in effect, to have its own standards, so I feel this does exceed the scope and object of the bill."
Further debate ensued.
There being no objection, the President deferred further consideration of House Bill No. 2320.
MOTIONS
On motion of Senator Loveland, Senator Moore was excused.
On motion of Senator West, Senator McCaslin was excused.
On motion of Senator Oke, Senator Roach was excused.
SECOND READING
SECOND SUBSTITUTE HOUSE BILL NO. 2616, by House Committee on Capital Budget (originally sponsored by Representatives Linville, Horn, Rust, Foreman, Kremen, B. Thomas, Roland, Van Luven, Basich, Karahalios, Holm, Hansen, L. Johnson, Peery, J. Kohl, Bray, Flemming, Pruitt, Edmondson, Forner, Valle, Shin, R. Meyers, Ogden, Dunshee, Wolfe, Sheldon, Jones, Brough, Sheahan, Romero, Chappell, Dyer, Springer, King, Cothern and Long)
Directing the department of health to test ground water in order to seek waivers under the safe drinking water act.
The bill was read the second time.
MOTIONS
On motion of Senator Fraser, the following Committee on Ecology and Parks amendment was adopted:
On page 6, after line 26, insert the following:
"Sec. 6. RCW 70.105D.020 and 1989 c 2 s 2 are each amended to read as follows:
(1) "Department" means the department of ecology.
(2) "Director" means the director of ecology or the director's designee.
(3) "Facility" means (a) any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, vessel, or aircraft, or (b) any site or area where a hazardous substance, other than a consumer product in consumer use, has been deposited, stored, disposed of, or placed, or otherwise come to be located.
(4) "Federal cleanup law" means the federal comprehensive environmental response, compensation, and liability act of 1980, 42 U.S.C. Sec. 9601 et seq., as amended by Public Law 99-499.
(5) "Hazardous substance" means:
(a) Any dangerous or extremely hazardous waste as defined in RCW 70.105.010 (5) and (6), or any dangerous or extremely dangerous waste designated by rule pursuant to chapter 70.105 RCW;
(b) Any hazardous substance as defined in RCW 70.105.010(14) or any hazardous substance as defined by rule pursuant to chapter 70.105 RCW;
(c) Any substance that, on March 1, 1989, is a hazardous substance under section 101(14) of the federal cleanup law, 42 U.S.C. Sec. 9601(14);
(d) Petroleum or petroleum products; and
(e) Any substance or category of substances, including solid waste decomposition products, determined by the director by rule to present a threat to human health or the environment if released into the environment.
The term hazardous substance does not include any of the following when contained in an underground storage tank from which there is not a release: Crude oil or any fraction thereof or petroleum, if the tank is in compliance with all applicable federal, state, and local law.
(6) "Owner or operator" means:
(a) Any person with any ownership interest in the facility or who exercises any control over the facility; or
(b) In the case of an abandoned facility, any person who had owned, or operated, or exercised control over the facility any time before its abandonment;
The term does not include:
(i) An agency of the state or unit of local government which acquired ownership or control involuntarily through bankruptcy, tax delinquency, abandonment, or circumstances in which the government involuntarily acquires title. This exclusion does not apply to an agency of the state or unit of local government which has caused or contributed to the release or threatened release of a hazardous substance from the facility; or
(ii) A person who, without participating in the management of a facility, holds indicia of ownership primarily to protect the person's security interest in the facility.
(7) "Person" means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state government agency, unit of local government, federal government agency, or Indian tribe.
(8) "Potentially liable person" means any person whom the department finds, based on credible evidence, to be liable under RCW 70.105D.040. The department shall give notice to any such person and allow an opportunity for comment before making the finding, unless an emergency requires otherwise.
(9) "Public notice" means, at a minimum, adequate notice mailed to all persons who have made timely request of the department and to persons residing in the potentially affected vicinity of the proposed action; mailed to appropriate news media; published in the newspaper of largest circulation in the city or county of the proposed action; and opportunity for interested persons to comment.
(10) "Release" means any intentional or unintentional entry of any hazardous substance into the environment, including but not limited to the abandonment or disposal of containers of hazardous substances.
(11) "Remedy" or "remedial action" means any action or expenditure consistent with the purposes of this chapter to identify, eliminate, or minimize any threat or potential threat posed by hazardous substances to human health or the environment including any investigative and monitoring activities with respect to any release or threatened release of a hazardous substance and any health assessments or health effects studies conducted in order to determine the risk or potential risk to human health. These terms also include the provision of drinking water, including the construction of necessary delivery systems, when undertaken to minimize any threat or potential threat to human health posed by a facility at which a release of a hazardous substance has occurred.
NEW SECTION. Sec. 7. A new section is added to chapter 70.105D RCW to read as follows:
For the purpose of conducting a remedial action or requiring potentially liable persons to take remedial action under this chapter, and for the purpose of making grants for remedial actions from the local toxics control account, the department shall give a high priority to facilities where the release of hazardous substances has resulted in the closing of drinking water wells or has contaminated a principal drinking water supply, or a substantial threat exists that such a closure or contamination may occur.
"Renumber the remaining sections consecutively and correct internal references accordingly.
On motion of Senator Fraser, the following title amendments were considered simultaneously and were adopted:
On page 1, line 2 of the title, strike "and 70.105D.070" and insert ", 70.105D.070, and 70.105D.020"
On page 1, line 2 of the title, after "70.119A RCW;" insert "adding a new section to chapter 70.105D RCW;"
MOTION
On motion of Senator Fraser, the rules were suspended, Second Substitute House Bill No. 2616, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 2616, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute House Bill No. 2616, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McDonald, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Williams, Winsley and Wojahn - 42.
Excused: Senators Gaspard, McAuliffe, McCaslin, Moore, Prince, Roach and Vognild - 7.
SECOND SUBSTITUTE HOUSE BILL NO. 2616, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2428, by House Committee on Education (originally sponsored by Representatives Karahalios, Foreman, Chappell, Chandler and J. Kohl)
Allowing spouses of officers of school districts to be under contract as a certificated or classified employee.
The bill was read the second time.
MOTION
On motion of Senator Pelz, the rules were suspended, Substitute House Bill No. 2428 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2428.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2428 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 2; Excused, 5.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Morton, Moyer, Nelson, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Williams, Winsley and Wojahn - 42.
Absent: Senators Deccio and Newhouse - 2.
Excused: Senators Gaspard, McCaslin, Moore, Prince and Vognild - 5.
SUBSTITUTE HOUSE BILL NO. 2428, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SECOND SUBSTITUTE HOUSE BILL NO. 2228, by House Committee on Revenue (originally sponsored by Representatives Heavey, Lisk, Springer, Schmidt, Van Luven and Roland)
Clarifying the state's public policy on gambling.
The bill was read the second time.
MOTION
Senator Prentice moved that the following Committee on Labor and Commerce amendment be adopted:
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."
Debate ensued.
The President declared the question before the Senate to be the adoption of the Committee on Labor and Commerce striking amendment to Second Substitute House Bill No. 2228.
The motion by Senator Prentice carried and the Committee on Labor and Commerce striking amendment was adopted.
MOTIONS
On motion of Senator Prentice, the following title amendment was adopted:
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."
On motion of Senator Prentice, the rules were suspended, Second Substitute House Bill No. 2228, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTIONS
On motion of Senator Drew, Senators Franklin, Skratek and Williams were excused.
On motion of Senator Oke, Senators Cantu and Deccio were excused.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 2228, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute House Bill No. 2228, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 39; Nays, 0; Absent, 0; Excused, 10.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Drew, Erwin, Fraser, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Winsley and Wojahn - 39.
Excused: Senators Cantu, Deccio, Franklin, Gaspard, McCaslin, Moore, Prince, Skratek, Vognild and Williams - 10.
SECOND SUBSTITUTE HOUSE BILL NO. 2228, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 2478, by Representatives Foreman and G. Fisher (by request of Department of Revenue)
Requiring reporting to the department of revenue by purchasers of timber and logs.
The bill was read the second time.
MOTIONS
Senator Owen moved that the following Committee on Ways and Means amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 84.33 RCW to read as follows:
(1) A purchaser of privately owned timber in an amount in excess of two hundred thousand board feet in a voluntary sale made in the ordinary course of business shall, on or before the last day of the month following the purchase of the timber, report the particulars of the purchase to the department.
(2) The report required in subsection (1) of this section shall contain all information relevant to the value of the timber purchased including, but not limited to, the following, as applicable: Purchaser's name and address, sale date, termination date in sale agreement, total sale price, total acreage involved in the sale, net volume of timber purchased, legal description of the area involved in the sale, road construction or improvements required or completed, timber cruise data, and timber thinning data. A report may be submitted in any reasonable form or, at the purchaser's option, by submitting relevant excerpts of the timber sales contract. A purchaser may comply by submitting the information in the following form:
Purchaser's name:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Purchaser's address:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sale date:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Termination date:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Total sale price:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Total acreage involved:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Net volume of timber purchased:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Legal description of sale area:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Property improvements:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Timber cruise data:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Timber thinning data:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) A purchaser of privately owned timber involved in a purchase described in subsection (1) of this section who fails to report a purchase as required shall be liable for a penalty of two hundred fifty dollars for each failure to report, as determined by the department.
(4) This section shall expire March 1, 1997."
Senator Owen moved that the following amendment by Senators Owen and Anderson to the Committee on Ways and Means striking amendment be adopted:
On page 2, line 3 of the committee amendment, after "required" strike "shall" and insert "may"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Owen and Anderson on page 2, line 3, to the Committee on Ways and Means striking amendment to House Bill No. 2478.
The motion by Senator Owen carried and the amendment to the Committee on Ways and Means striking amendment was adopted.
The President declared the question before the Senate to be the adoption of the Committee on Ways and Means striking amendment, as amended, to House Bill No. 2478.
The motion by Senator Owen carried and the Committee on Ways and Means striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Owen, the following title amendment was adopted:
On page 1, line 2 of the title, after "logs;" strike the remainder of the title and insert "adding a new section to chapter 84.33 RCW; and prescribing penalties."
On motion of Senator Owen, the rules were suspended, House Bill No. 2478, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTION
On motion of Senator Oke, Senators Amondson, Bluechel, Sellar and Winsley were excused.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2478, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2478, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 35; Nays, 2; Absent, 0; Excused, 12.
Voting yea: Senators Anderson, Bauer, Deccio, Drew, Erwin, Franklin, Fraser, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge and Wojahn - 35.
Voting nay: Senators Niemi and West - 2.
Excused: Senators Amondson, Bluechel, Cantu, Gaspard, McCaslin, Moore, Prince, Sellar, Skratek, Vognild, Williams and Winsley - 12.
HOUSE BILL NO. 2478, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2351, by House Committee on Natural Resources and Parks (originally sponsored by Representatives Shin, Patterson, Campbell, Finkbeiner, Forner, Appelwick, J. Kohl and Johanson)
Modifying provisions relating to recovery of stray logs.
The bill was read the second time.
MOTION
Senator Owen moved that the following Committee on Natural Resources amendment not be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that:
(1) Reduced levels of log raft storage and transportation on the waters of this state have resulted in a reduction of commercial log recovery activity and have eliminated the need for a separate licensing program for recovery of stray logs; and
(2) While stray logs are a much less common problem today than when log raft transportation was more common, stray logs that are adrift on waters of this state may still pose a threat to navigation, life, and property; and
(3) Recovery of submerged or stranded stray logs can result in damage to the environment.
Therefore, the legislature finds that an alternative method for encouraging the recovery of adrift stray logs must be established.
NEW SECTION. Sec. 2. A new section is added to chapter 76.40 RCW to read as follows:
For the purposes of this chapter, the following terms shall have the following meanings:
(1) "Adrift" means floating without control; neither aground, beached, stranded, fully submerged, anchored in place, or secured in any way;
(2) "Department" means the Washington state department of natural resources;
(3) "Having a merchantable value" means capable of commanding value alone or in combination with other recovered logs;
(4) "Person" means an individual, partnership, private corporation, or association of individuals of whatever nature, including public agencies;
(5) "Stray logs" means logs, piling, poles, and boom sticks having a merchantable value that have escaped from their owner or the owner's agent during storage or while being transported. The term includes stray logs that are adrift, those that have been adrift and are stranded on beaches, marshes, tidelands, shorelands, or state-owned aquatic lands, and those that are partially or wholly submerged in the waters of the state; and
(6) "Waters of the state" means bodies of fresh or salt water including all rivers and lakes and their tributaries, harbors, bays, bayous, and marshes within the state capable of being used for the transportation or storage of forest products.
NEW SECTION. Sec. 3. A new section is added to chapter 76.40 RCW to read as follows:
Any person may recover and secure adrift stray logs on waters of this state. Landowners may recover and secure stray logs that have become submerged or stranded on their property as the result of being adrift on waters of this state. A person who chooses to recover and secure stray logs must do so in a manner that does not damage beaches, marshes, tidelands, shorelands, aquatic lands, or other property and that does not diminish the merchantable value of the timber. Within thirty days of recovering stray logs, the person who recovered the logs must notify the owner of the logs that the logs have been recovered. Ownership of logs shall be determined under chapter 76.36 RCW.
NEW SECTION. Sec. 4. A new section is added to chapter 76.40 RCW to read as follows:
Within thirty days of receipt of notification that an owner's stray log or logs have been recovered, a log owner, the owner's agent, or the transportation agency of the log may retrieve the stray log or logs from the person who recovered them. The person that recovered the stray log or logs shall be entitled to a reasonable compensation, for the recovery effort and return of stray log or logs to the owner, the owner's agent, or the transportation agency provided compensation shall not exceed two hundred dollars or thirty percent of the value of the log or logs, whichever is less. A person shall not take into possession any stray logs including unbranded logs during the time that the owner, the owner's agent, or the transportation agency is attempting immediate recovery of the stray logs. If the owner, the owner's agent or the transportation agency chooses not to retrieve the stray logs, the person who recovered the logs may sell them or dispose of them as the person sees fit after ninety days, provided the person has made three attempts in writing to notify the owner. Of the written notice to the owner, one of the three must be a certified return receipt mail at the owner's last known address.
NEW SECTION. Sec. 5. A new section is added to chapter 76.40 RCW to read as follows:
Branded and marked logs, boom sticks, and boom chains shall be presumed to be the property of the person in whose name the brand or catch brand thereon is imprinted and is registered with the department of natural resources.
NEW SECTION. Sec. 6. A new section is added to chapter 76.40 RCW to read as follows:
Any person having possession of stray logs, boom sticks, or boom chains, except as provided in this chapter shall be presumed to have and to hold possession of same with intent to deprive and defraud the owner thereof and such possession shall be prima facie evidence to deprive and defraud.
NEW SECTION. Sec. 7. A new section is added to chapter 76.40 RCW to read as follows:
It shall be unlawful to purchase or otherwise acquire stray logs other than from the owner, or from a person who has recovered stray logs according to this chapter or to process or manufacture products from logs acquired in contravention of the provisions of this chapter or to possess such logs for such purpose.
NEW SECTION. Sec. 8. A new section is added to chapter 76.40 RCW to read as follows:
Any violation of this chapter shall be a gross misdemeanor. In addition, the owner who has been deprived of the use, benefit, or possession of any stray logs, booms sticks, or boom chains, in violation of this chapter, shall have a right of civil action to recover damages from any person causing such deprivation, including the purchaser of such stray logs, boom sticks, and boom chains.
NEW SECTION. Sec. 9. A new section is added to chapter 76.40 RCW to read as follows:
The department may close areas under its jurisdiction to log recovery activities if the department determines that log recovery in those areas would pose a threat to public safety or the environment.
NEW SECTION. Sec. 10. A new section is added to chapter 76.40 RCW to read as follows:
The department may enter into agreements with the state of Oregon and its applicable agencies to coordinate log recovery activities where possible.
Sec. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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.
NEW SECTION. Sec. 16. 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."
The President declared the question before the Senate to be the motion by Senator Owen that the Committee on Natural Resources striking amendment to Substitute House Bill No. 2351 not be adopted.
The motion by Senator Owen carried and the Committee on Natural Resources striking amendment to Substitute House Bill No. 2351 was not adopted.
MOTION
Senator Owen moved that the following amendment by Senators Owen and Oke be adopted:
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."
POINT OF INQUIRY
Senator Oke: "Senator Owen, maybe we are trying to slow this process down a little bit. This was a 'trust me' amendment and I really want to do that, but I'm being asked by others, 'Exactly what does this do?' Are we actually now deleting the two hundred dollar or thirty percent value and going back to somewhere else?"
Senator Owen: "Yes, the original bill did not have that it in. It was put on as an amendment--well there was an amendment similar put on in the House and we offered a different amendment that made it a little more acceptable. We've removed that by not accepting the committee amendment. We now are just proposing that the Department of Natural Resources bring the parties together that deal with this and come up with a recommendation for us in the future, so that provision that you asked for is now gone."
Senator Oke: "So, we are back to a study then?"
Senator Owen: "Well, we are back to repealing the log patrol statute for the Department of Natural Resources as they originally requested and a study to determine how we are going to deal with this next session."
Senator Oke: "Thank you."
Senator Owen: "I should add that Representative Shin who was vitally concerned about this and offered the original language has agreed to this."
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Owen and Oke to Substitute House Bill No. 2351.
The motion by Senator Owen carried and the striking amendment to House Bill No. 2351 was adopted.
MOTIONS
On motion of Senator Owen, the following title amendment was adopted:
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."
On motion of Senator Owen, the rules were suspended, Substitute House Bill No. 2351, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Anderson: "Senator Owen, in the repealing of these statutes, is there anticipated any savings to the state by this or does this only affect the private sector?"
Senator Owen: "I think any savings would be minimal, because the Department of Natural Resources does very little in that area--if anything right now--and that is why they just want to clean up the statutes and take it off."
MOTIONS
On motion of Senator Oke, Senator Linda Smith was excused.
On motion of Senator Loveland, Senators Bauer and Ludwig were excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2351, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2351, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 34; Nays, 0; Absent, 1; Excused, 14.
Voting yea: Senators Anderson, Bluechel, Deccio, Erwin, Franklin, Fraser, Hargrove, Haugen, Hochstatter, Loveland, McAuliffe, McDonald, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sheldon, Smith, A., Snyder, Spanel, Sutherland, Talmadge, West and Williams - 34.
Absent: Senator Wojahn - 1.
Excused: Senators Amondson, Bauer, Cantu, Drew, Gaspard, Ludwig, McCaslin, Moore, Prince, Sellar, Skratek, Smith, L., Vognild and Winsley - 14.
SUBSTITUTE HOUSE BILL NO. 2351, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
Senator Oke moved to invoke Rule No 15.
Debate ensued.
The President declared the question before the Senate to be the motion by Sentor Oke to invoke Rule No 15.
The motion by Senator Oke failed on a rising vote.
EDITOR'S NOTE: Rule No. 15 states: 'The senate shall recess ninety minutes for lunch each working day. When reconvening on the same day, the Senate shall recess ninety minutes for dinner each working evening. The rule may be suspended by a majority.'
SECOND READING
HOUSE BILL NO. 2242, by Representatives Leonard, Cooke, Wolfe, Morris, L. Johnson, J. Kohl, Roland, Karahalios and Springer (by request of Department of Corrections and Department of Social and Health Services)
Authorizing the department of corrections to transfer juveniles under age eighteen to juvenile correctional institutions.
The bill was read the second time.
MOTION
On motion of Senator Adam Smith, the rules were suspended, House Bill No. 2242 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2242.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2242 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 44.
Excused: Senators Cantu, Drew, Moore, Prince and Smith, L. - 5.
HOUSE BILL NO. 2242, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
President Pro Tempore Wojahn assumed the Chair.
MOTION
On motion of Senator Roach, Senator Oke was excused.
SECOND READING
HOUSE BILL NO. 2447, by Representatives Roland, Brough, Dorn, Thibaudeau and Patterson (by request of Department of Community Development)
Modifying the early childhood education and assistance program.
The bill was read the second time.
MOTIONS
On motion of Senator Pelz, the following Committee on Education amendment was adopted:
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 motion of Senator Pelz, the following title amendment was adopted:
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."
MOTION
On motion of Senator Pelz, the rules were suspended, House Bill No. 2447, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 2447, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2447, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Morton, Moyer, Nelson, Newhouse, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 44.
Excused: Senators Cantu, Drew, Moore, Oke and Prince - 5.
HOUSE BILL NO. 2447, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2433, by House Committee on Revenue (originally sponsored by Representatives Peery, Ballard, G. Fisher, Foreman, Linville, Pruitt, Wineberry, Silver, Van Luven, L. Johnson, Cooke, Dunshee, Horn, Appelwick, Thibaudeau, Forner, Wang, H. Myers, Romero, Fuhrman, Wood, Valle, Brumsickle, Mastin, Finkbeiner, Ballasiotes, Chandler, Brough, Morris, Lemmon, Ogden, Springer, Quall, Wolfe, McMorris, Moak, Dorn, Sheahan, Carlson, R. Fisher, Karahalios, Johanson, Campbell, Edmondson, Cothern, Kessler, Basich, J. Kohl, Conway, Jones, Shin, Sheldon, King, Orr, Patterson, Eide, Dellwo, Rayburn, Roland and Anderson)
Providing open government through unedited televised coverage of state government proceedings.
The bill was read the second time.
MOTIONS
Senator Rinehart moved that the following Committee on Ways and Means amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 43.08 RCW to read as follows:
INTENT. The legislature finds that increasing citizens' access to information about both the processes of state government, and the issues dealt with by state government, will strengthen the democratic process. Recent technological developments in the area of telecommunications offer efficient and effective ways to expand this access to information about state government.
It is the intent of the legislature, in a partnership with the private sector, to establish a mechanism to produce unedited televised coverage of state government deliberations and other public policy events of state-wide significance. Funding provided by the state is intended to cover the annual operating cost of the core services, which include gavel-to-gavel coverage of state government deliberations and other public policy events of state-wide significance. This service is intended to increase citizen access to government, and is a public purpose for which public funds may be expended. It is assumed that private contributions will be raised to purchase equipment, and to cover the cost of programming activities such as curriculum development for use in school classrooms.
NEW SECTION. Sec. 2. A new section is added to chapter 43.08 RCW to read as follows:
ESCROW ACCOUNT. (1) The state treasurer shall contract with a qualified public deposit protection commission bank for the establishment of an escrow account. The account shall hold moneys appropriated by the legislature to the state treasurer specifically for the purposes of televising unedited, gavel-to-gavel coverage of state government deliberations and other public policy events of state-wide significance.
The account may also be used to pay for the direct costs of producing interactive hearings over the Washington interactive teleconferencing system. These hearings shall be linked to the public television system provided for in this section to broadcast the hearings to the general public.
The contracted bank shall disburse funds to the nonprofit organization, determined to be qualified by the office of financial management, on a quarterly basis to cover the annual operating expenses of the nonprofit organization. No more than one million seven hundred fifty thousand dollars may be disbursed for this purpose in the first year. Disbursements for this purpose may be increased by three percent per year thereafter. Expenditures for the production of interactive hearings must be approved by the administrative committees of both the house of representatives and the senate and may not exceed a total of fifty thousand dollars in any single year.
(2) A qualified nonprofit organization is a nonprofit corporation formed solely for the purpose of providing unedited televised coverage of state government deliberations and other events of state-wide significance, and which has received a determination of a tax exempt status under section 501(c)(3) of the federal internal revenue code.
(3) Interested qualified nonprofit organizations shall submit a four-year financial plan, a feasibility plan, and an engineering plan that includes a schedule of equipment needs and distribution plan to the office of financial management. The office of financial management may set criteria for these plans. The office of financial management shall review the submitted plans and, by May 2, 1994, select a qualified nonprofit organization to carry out sections 1 through 3 of this act from those nonprofit organizations whose plans indicate the ability to carry out sections 1 through 3 of this act.
(4) Beginning January 1995, the qualified nonprofit organization shall prepare an annual independent audit, an annual financial statement, an annual report, and operational benchmarks that measure the nonprofit organization's impact on success of this program in meeting the intent of sections 1 through 3 of this act.
(5) The initial selection award under this section shall be for a period of four years. The office of financial management shall by December 31, 1998, reopen the application process and select a qualified nonprofit organization.
NEW SECTION. Sec. 3. A new section is added to chapter 43.08 RCW to read as follows:
TERMS AND CONDITIONS. Placement and operation of equipment within legislative facilities are subject to terms and conditions between the qualified nonprofit organization and the respective houses of the legislature. Such terms and conditions may include but are not limited to: Programming standards requiring a fair and balanced presentation without regard to partisanship or ideology and a balance of possible subject matter and deliberating bodies.
The initial terms and conditions and any amendment to those terms and conditions shall be ratified by a two-thirds vote of each house of the legislature. Such ratification shall be made in the form of a concurrent resolution.
NEW SECTION. Sec. 4. CAPTIONS. Section captions as used in this act do not constitute any part of the law.
NEW SECTION. Sec. 5. APPROPRIATION. The sum of six million six hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund to the state treasurer for the purposes of this act.
NEW SECTION. Sec. 6. EMERGENCY CLAUSE. 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 motion of Senator Williams, the following amendment by Senators Williams, Sutherland, Gaspard, Rinehart and McDonald to the Committee on Ways and Means striking amendment was adopted:
On page 3, after line 16, strike all of section 5.
Renumber the sections consecutively
MOTION
On motion of Senator Spanel, further consideration of Substitute House Bill No. 2433 was deferred.
MOTION
On motion of Senator Spanel, the Senate reverted to the fourth order of business.
MESSAGES FROM THE HOUSE
March 3, 1994
MR. PRESIDENT:
The Speaker has signed:
SENATE BILL NO. 6582,
SECOND SUBSTITUTE SENATE JOINT MEMORIAL NO. 8003,
SENATE JOINT MEMORIAL NO. 8013,
SENATE JOINT MEMORIAL NO. 8027,
SENATE CONCURRENT RESOLUTION NO. 8422, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
March 4, 1994
MR. PRESIDENT:
The Speaker has signed:
SUBSTITUTE HOUSE BILL NO. 1561,
SUBSTITUTE HOUSE BILL NO. 2151,
SUBSTITUTE HOUSE BILL NO. 2170,
HOUSE BILL NO. 2271,
HOUSE BILL NO. 2282,
HOUSE BILL NO. 2338,
SUBSTITUTE HOUSE BILL NO. 2414,
SUBSTITUTE HOUSE BILL NO. 2424,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2434,
HOUSE BILL NO. 2477,
HOUSE BILL NO. 2492,
SUBSTITUTE HOUSE BILL NO. 2541,
SUBSTITUTE HOUSE BILL NO. 2582, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
March 4, 1994
MR. PRESIDENT:
The Speaker has signed:
SUBSTITUTE HOUSE BILL NO. 1955,
SUBSTITUTE HOUSE BILL NO. 2182,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2198,
SUBSTITUTE HOUSE BILL NO. 2246,
SUBSTITUTE HOUSE BILL NO. 2526, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE HOUSE BILL NO. 1561,
SUBSTITUTE HOUSE BILL NO. 2151,
SUBSTITUTE HOUSE BILL NO. 2170,
HOUSE BILL NO. 2271,
HOUSE BILL NO. 2282,
HOUSE BILL NO. 2338,
SUBSTITUTE HOUSE BILL NO. 2414,
SUBSTITUTE HOUSE BILL NO. 2424,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2434,
HOUSE BILL NO. 2477,
HOUSE BILL NO. 2492,
SUBSTITUTE HOUSE BILL NO. 2541,
SUBSTITUTE HOUSE BILL NO. 2582.
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE HOUSE BILL NO. 1955,
SUBSTITUTE HOUSE BILL NO. 2182,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2198,
SUBSTITUTE HOUSE BILL NO. 2246,
SUBSTITUTE HOUSE BILL NO. 2526.
There being no objection, the President Pro Tempore advanced the Senate to the sixth order of business.
SECOND READING
HOUSE BILL NO. 2512, by Representatives Leonard, Cooke, Thibaudeau, Karahalios, Sheldon, J. Kohl and King (by request of Department of Social and Health Services)
Expanding eligibility criteria for funds for sexually aggressive youth.
The bill was read the second time.
MOTION
On motion of Senator Talmadge, the following Committee on Health and Human Services amendment was adopted:
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."
MOTION
On motion of Senator Talmadge, the rules were suspended, Substitute House Bill No. 2512, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTION
On motion of Senator Roach, Senators Nelson and Schow were excused.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 2512, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2512, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Newhouse, Niemi, Oke, Owen, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 45.
Absent: Senator Pelz - 1.
Excused: Senators Nelson, Prince and Schow - 3.
HOUSE BILL NO. 2512, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
President Pritchard assumed the Chair.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2571, by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Zellinsky, Schmidt, R. Meyers and Dorn) (by request of Insurance Commissioner)
Requiring certain capital and surplus for insurers.
The bill was read the second time.
MOTION
On motion of Senator Moore, the rules were suspended, Substitute House Bill No. 2571 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator West: "Senator Moore, it says that they must meet the requirements as existed prior to the effective date of this act. Is that prior to when we enact this act or is this prior to when the grandfather clause was put in? Are you repealing the grandfather clause for the--"
Senator Moore: "For the companies outside the state, we are repealing the grandfather clause. Those within are still grandfathered, but still under the supervision of the Insurance Commissioner."
Senator West: "O.K., thank you."
MOTION
On motion of Senator Loveland, Senator Prentice was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2571.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2571 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 1; Excused, 3.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Newhouse, Niemi, Oke, Owen, Pelz, Quigley, Rasmussen, M., Rinehart, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 44.
Voting nay: Senator West - 1.
Absent: Senator Roach - 1.
Excused: Senators Nelson, Prentice and Prince - 3.
SUBSTITUTE HOUSE BILL NO. 2571, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2278, by House Committee on Local Government (originally sponsored by Representatives Horn, H. Myers, Edmondson and Springer)
Making laws relating to local government office vacancies more uniform.
The bill was read the second time.
MOTIONS
Senator Haugen moved that the following Committee on Government Operations amendment be adopted:
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 53.12.172 and 1992 c 146 s 2 are each reenacted to read as follows:
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. 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.
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) 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) 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. 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.
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. 56. 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. 57. 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. 58. 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 either: (1) 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)) and 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; or (2) has a population of five hundred thousand or more. Once a public utility district is a five commissioner district, it shall remain a five commissioner district. All other public utility districts shall be known as three commissioner districts.
Sec. 59. 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, 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. 60. 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, 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. 61. 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.
The commission of a public utility district that has annual gross revenues in the previous calendar year in excess of two hundred million dollars shall divide the public utility district into two commissioner districts of as nearly equal population as possible and designate the districts as District A and District B within sixty days after the later of either: (1) The effective date of this section; or (2) the first day in January in the year after the district initially had a population of five hundred thousand or more.
Sec. 62. 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. 63. 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)) ten thousand or fewer 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)) ten thousand or fewer 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)) When the customers of any sewer district exceed ten thousand in number, the three-member board of commissioners of that sewer district shall by resolution 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. 64. 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. 65. 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. 66. 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. 67. 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. 68. 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)) ten thousand or fewer 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)) ten thousand or fewer 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,))
When the customers of any water district exceed ten thousand in number, the three-member board of commissioners of that water district shall by resolution 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. 69. 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. 70. 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. 71. 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. 72. 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. 73. 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. 74. 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. 75. 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. 76. 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. 77. 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. 78. 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. 79. 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. 80. 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. 81. 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.
NEW SECTION. Sec. 82. 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. 83. 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. 84. (1) Section 2 of this act shall take effect January 1, 1995.
(2) Section 20 of this act shall take effect July 1, 1994."
Senator Haugen moved that the following amendments by Senators Haugen, Winsley and McCaslin to the Committee on Government Operations striking amendment be considered simultaneously and be adopted:
On page 42, beginning on line 13 of the amendment, strike all of section 55
Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 70, after line 27 of the amendment, insert the following:
"Sec. 82. 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 84 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. 83. 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. 84. 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. 85. 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. 86. 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. 87. 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. 88. 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. 89. 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. 90. 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. 91. 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."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Haugen, Winsley and McCaslin on page 42, beginning on line 13, and page 70, after line 27, to the Committee on Government Operations striking amendment to Substitute House Bill No. 2278.
The motion by Senator Haugen carried and the amendments to the Committee on Government Operations striking amendment were adopted.
MOTIONS
On motion of Senator Haugen, the following amendments by Senators Haugen, Quigley, Loveland, Winsley, Adam Smith and Vognild to the Committee on Government Operations striking amendment were considered simultaneously and were adopted:
On page 49, beginning on line 3 of the amendment, strike all of section 58 and insert the following:
"Sec. 58. 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."
On page 49, line 22 of the amendment, after "construction" insert ", or has a population of five hundred thousand or more"
On page 50, line 8 of the amendment, after "construction" insert ", or has a population of five hundred thousand or more"
On page 51, beginning on line 20 of the amendment, strike everything from "The commission" through "more." on line 27
On page 52, at the beginning of line 23 of the amendment, strike "((any number of)) ten thousand or fewer" and insert "any number of"
On page 52, line 26 of the amendment, after "district with" strike "((any number of)) ten thousand or fewer" and insert "any number of"
On page 53, beginning on line 7 of the amendment, after "members." strike all material through "resolution" on line 12 and insert "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"
On page 53, line 13 of the amendment, after "five" strike "((,)). The" and insert ", the"
On page 57, line 2 of the amendment, after "with" strike "((any number of)) ten thousand or fewer" and insert "any number of"
On page 57, beginning on line 5 of the amendment, after "with" strike "((any number of)) ten thousand or fewer" and insert "any number of"
On page 57, beginning on line 21 of the amendment, after "members." strike all material through "five. The" on line 29 and insert "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"
On motion of Senator Haugen, the following amendment by Senators Haugen, McCaslin and Winsley to the Committee on Government Operations striking amendment was adopted:
On page 70, after line 27 of the amendment, insert the following:
"Sec. 82. 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."
Renumber the remaining sections consecutively and correct any internal references accordingly.
The President declared the question before the Senate to be the adoption of the Committee on Government Operations striking amendment, as amended, to Substitute House Bill No. 2278.
The motion by Senator Haugen carried and the Committee on Government Operations striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Haugen, the following title amendments were considered simultaneously and were adopted:
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, and 70.44.053; amending 1992 c 146 s 14 (uncodified); reenacting 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; 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."
On page 72, line 36 of the title amendment, after "70.44.045," strike "and 70.44.053" and insert "70.44.053, and 29.45.050"
On page 72, line 36 of the title amendment, after "70.44.045," strike "and 70.44.053" and insert "70.44.053, 53.12.010, 53.04.023, 53.12.115, 53.12.120, 53.12.130, 53.12.175, and 53.16.015;"
On page 73, line 1 of the title amendment, after "reenacting" insert "and amending"
On page 73, line 5 of the title amendment, after "65.82 RCW;" insert "adding a new section to chapter 53.12 RCW; adding a new section to chapter 53.04 RCW;"
On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 2278, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2278, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2278, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 48.
Excused: Senator Nelson - 1.
SUBSTITUTE HOUSE BILL NO. 2278, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
There being no objection, the Senate resumed consideration of Substitute House Bill No. 2479 and the pending amendment by Senator Prince on page 6, after line 4, deferred earlier today.
RULING BY THE PRESIDENT
President Pritchard: "In ruling upon the point of order raised by Senator Spanel, the President finds that Substitute House Bill No. 2479 is a measure which clarifies language and corrects references in various tax statutes.
"The amendment proposed by Senator Prince would require development of a resale certificate for landlord-tenant relationships within the agricultural industry.
"The President, therefore, finds that the proposed amendment does change the scope and object of the bill and the point of order is well taken."
The amendment by Senator Prince on page 6, after line 4, to Substitute House Bill No. 2479 was ruled out of order.
MOTION
On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 2479 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTIONS
On motion of Senator Loveland, Senator Vognild was excused.
On motion of Senator Oke, Senators Moyer and Winsley were excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2479.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2479 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.
Voting yea: Senators Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Williams and Wojahn - 44.
Absent: Senators Amondson and Gaspard - 2.
Excused: Senators Moyer, Vognild and Winsley - 3.
SUBSTITUTE HOUSE BILL NO. 2479, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
There being no objection, the Senate resumed consideration of House Bill No. 2320 and the pending amendment by Senators Owen, Oke and Sheldon on page 2, after line 8, deferred earlier today.
RULING BY THE PRESIDENT
President Pritchard: "In ruling upon the point of order raised by Senator Fraser, the President finds that House Bill No. 2320 is a measure which permits the Department of Ecology to delegate to local units of government review and approval authority relative to sewerage systems or disposal plants, under certain conditions.
"The amendment proposed by Senators Owen, Oke and Sheldon would, among other things, permit local health boards to vary from Department of Health standards on design and installation of some sewerage systems and allow counties, under certain circumstances, to issue permits for on site sanitary systems which vary from state standards without obtaining a waiver from the Department of Health.
"The President, therefore, finds that the proposed amendment does change the scope and object of the bill and the point of order is well taken."
The amendment by Senators Owen, Oke and Sheldon on page 2, after line 8, to House Bill No. 2320 was ruled out of order.
MOTION
Senator Erwin moved that the following amendment be adopted:
On page 2, after line 8, insert the following:
"NEW SECTION. Sec. 2. The state board of health shall conduct a comparative study of the effectiveness and cost of on-site sewage systems, including standard septic systems and all alternative systems including aerobic systems and aerobic systems with biomembranes. A report of the findings of the study and any related recommended statutory changes shall be made to the legislature by December 31, 1994. All existing administrative rules and guidelines relating to on-site sewage systems should be modified to accurately reflect the findings of the study, especially with regard to alternative systems.
The study shall consider at least the following: (1) The effectiveness of the treatment systems as measured by the five-day biochemical oxygen demand, the total suspended solids, and the coliform level found in effluent; (2) the historical performance record for each system; (3) the relative cost of each system; and (4) the maintenance needs and overall useful life span of the system.
NEW SECTION. Sec. 3. A new section is added to chapter 70.118 RCW to read as follows:
(1) New installations of on-site sewage systems within two hundred feet of any body of water, whether marine or fresh, shall be capable of delivering effluent with a thirty-day average that does not exceed: A five-day biochemical oxygen demand of fifteen milligrams per liter; total suspended solids of eleven milligrams per liter; and a coliform level of two hundred parts per one hundred milliliters.
(2) New installations of on-site sewage systems within fifty feet of any body of water, whether marine or fresh, shall be capable of delivering effluent with a thirty-day average that does not exceed: A five-day biochemical oxygen demand of five milligrams per liter; total suspended solids of five milligrams per liter; and a coliform level of one hundred parts per one hundred milliliters."
MOTION
On motion of Senator Erwin, and there being no objection, Section 2 and Section 3 will be considered as separate amendments.
MOTION
Senator Erwin moved that Section 2 be adopted.
POINT OF ORDER
Senator Fraser: "A point of order, Mr. President. I believe that both Section 2 and Section 3 exceed the scope and object of the bill."
REPLY BY THE PRESIDENT
President Pritchard: "Well, we haven't gotten to Section 3, but on Section 2, you raise scope and object? Do you want to discuss it?"
Senator Fraser: "Very briefly, Mr. President, Section 2 exceeds the scope and object. Again, because it addresses a department not currently addressed in the bill. The bill deals with the Department of Ecology; this deals with the State Board of Health. The amendment deals with a study; the bill deals with delegation of existing state authority."
Further debate ensued.
PARLIAMENTARY INQUIRY
Senator Talmadge: "A point of parliamentary inquiry, Mr. President. The President has ruled, in times past, where someone is going to raise scope and object on a series of amendments that the President will rule simultaneously in all the points of order. In response to the inquiry by Senator Fraser, the President raised some question in my mind, at least, about that policy, insofar as she intended to raise scope and object on both of the amendments, as divided by Senator Erwin. If possible, Mr. President, would it be possible to rule on both of the matters, in order that we move expeditiously?"
REPLY BY THE PRESIDENT
President Pritchard: "Well, by allowing him to divide it, I believe the Chair--we have it so that we don't have Section 3 before us and, obviously, we will be looking at it within the total point. I don't think we can rule on it before it comes before us and technically, it is not before us. If you want, Senator Talmadge, if you would like permission of the body, we can set Section 2 down and take up Section 3 and then have a chance to rule on both of them."
Senator Talmadge: "It would be most appropriate."
President Pritchard: "All right, we can do that."
There being no objection, the President deferred further consideration of the amendment, Section 2, by Senator Erwin.
MOTION
Senator Erwin moved that Section 3 be adopted.
POINT OF ORDER
Senator Fraser: "A point of order, Mr. President. I feel this amendment exceeds the scope and object of the bill. Again, the bill deals with the Department of Ecology. This amendment deals with the Department of Health. The bill deals with delegation of authority; this bill deals with new regulatory standards for septic tanks. It also broadens the bill by dealing with all septic tanks in the state, plus alternatives to them. I believe it exceeds the scope and object."
Further debate ensued.
RULING BY THE PRESIDENT
President Pritchard: "In ruling upon the point of order raised by Senator Fraser, the President finds that House Bill No. 2320 is a measure which permits the Department of Ecology to delegate to local units of government review and approval authority relative to sewerage systems or disposal plants, under certain conditions.
"The amendment, Section 2, proposed by Senator Erwin orders the State Board of Health to conduct a comparative study of on site sewage systems and the amendment, Section 3, establishes new standards for new installations of on site sewage systems.
"The President, therefore, finds that the proposed amendments do change the scope and object of the bill and the point of order is well taken."
The amendments by Senator Erwin on page 2, after line 8--Sections 2 and 3--to House Bill No. 2320 were ruled out of order.
MOTION
On motion of Senator Fraser, the rules were suspended, House Bill No. 2320 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTION
On motion of Senator Moyer, Senator West was excused.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2320.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2320 and the bill passed the Senate by the following vote: Yeas, 34; Nays, 13; Absent, 1; Excused, 1.
Voting yea: Senators Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 34.
Voting nay: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Erwin, Hochstatter, Morton, Oke, Prince, Sellar and Smith, L. - 13.
Absent: Senator Owen - 1.
Excused: Senator West - 1.
HOUSE BILL NO. 2320, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
There being no objection, the Senate resumed consideration of Substitute House Bill No. 2433, deferred earlier today after an amendment by Senators Williams, Sutherland, Gaspard, Rinehart and McDonald on page 3, after line 16, to the Committee on Ways and Means striking amendment was adopted.
MOTION
Senator Linda Smith moved that the following amendments to the Committee on Ways and Means striking amendment be considered simultaneously and be adopted:
On page 1, after line 14, strike all materials through and including "classrooms." on line 26 and insert the following:
"It is the intent of the legislature to encourage members of the private sector to establish a mechanism to produce unedited televised coverage of state government deliberations and other public policy events of state-wide significance. It is assumed that private contributions will be raised to cover all costs associated with such coverage, including annual operating costs, equipment costs, and the cost of programming activities such as curriculum development for use in classrooms. Funding provided by the state is intended to cover "start-up costs" to encourage private sector interest and involvement in the production of televised coverage of state government. The provision of such funding by the state is intended to increase citizen access to government, and is a public purpose for which public funds may be expended."
On page 1, beginning on line 33, strike all materials after "purposes of" through and including "a single year." on page 2, line 15 and insert the following:
"encouraging private sector interest and involvement in the production of televised coverage of state government. The contracted bank shall disburse funds to the nonprofit organization, determined to be qualified by the office of financial management, on a quarterly basis to cover expenses incurred by the nonprofit organization in soliciting private sector interest, involvement and financial contributions and for no other purpose."
On page 3, line 16, after "sum of" strike "six million six" and insert "two"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Linda Smith on page 1, after line 14, and beginning on line 33, and on page 3, line 16, to the Committee on Ways and Means striking amendment to Substitute House Bill No. 2433.
The motion by Linda Smith failed and the amendments to the Committee on Ways and Means striking amendment were not adopted on a rising vote.
MOTION
Senator Linda Smith moved that the following amendment to the Committee on Ways and Means striking amendment be adopted:
On page 2, after line 15, strike all materials through and including "revenue code." on line 20 and insert the following:
"(2) A qualified nonprofit organization is a nonprofit corporation (a) formed solely for the purpose of providing unedited televised coverage of state government deliberations and other events of state-wide significance, (b) which has received a determination of a tax-exempt status under section 501(c)(3) of the federal internal revenue code, and (c) which has as its chief executive officer a person with a minimum of four years professional experience in the field of television production."
Debate ensued.
Senator Sellar demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Linda Smith on page 2, after line 15, to the Committee on Ways and Means striking amendment to Substitute House Bill No. 2433.
ROLL CALL
The Secretary called the roll and the amendment to the committee amendment was not adopted by the following vote: Yeas, 17; Nays, 32; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Cantu, Deccio, Erwin, Hochstatter, McCaslin, Morton, Moyer, Nelson, Newhouse, Oke, Roach, Schow, Sellar, Skratek and Smith, L. - 17.
Voting nay: Senators Bauer, Bluechel, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, McDonald, Moore, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 32.
MOTION
Senator Linda Smith moved that the following amendment to the Committee on Ways and Means striking amendment be adopted:
On page 2, after line 38, insert the following:
"(6) No portion of any funds disbursed pursuant to this section may be used, directly or indirectly, for any of the following purposes:
(a) Attempting to influence: (i) The passage or defeat of any legislation by the legislature of the state of Washington, by any county, city, town or other political subdivision of the state of Washington, or by the congress; or (ii) the adoption or rejection of any rule, standard, rate, or other legislative enactment of any state agency;
(b) Making contributions reportable under chapter 42.17 RCW;
(c) Providing any: (i) Gift; (ii) honoraria; or (iii) travel, lodging, meals or entertainment to a public officer or employee; or
(d) Providing to any employee, officer or agent of the qualified nonprofit corporation salaries, benefits or compensation which, when combined, would exceed fifty thousand dollars in a single year."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Linda Smith on page 2, after line 38, to the Committee on Ways and Means striking amendment to Substitute House Bill No. 2433.
The motion by Senator Linda Smith carried and the amendment to the Committee on Ways and Means striking amendment was adopted.
The President declared the question before the Senate to be the adoption of the Committee on Ways and Means striking amendment, as amended, to Substitute House Bill No. 2433.
The motion by Senator Rinehart carried and the Committee on Ways and Means striking amendment, as amended, to Substitute House Bill No. 2433 was adopted.
MOTIONS
On motion of Senator Rinehart, the following title amendments were considered simultaneously and were adopted:
On page 1, line 2 of the title, after "proceedings;" strike the remainder of the title and insert "adding new sections to chapter 43.08 RCW; creating a new section; making an appropriation; and declaring an emergency."
On page 3, line 29 of the title amendment, strike "making an appropriation;"
On motion of Senator Rinehart, the rules were suspended, Substitute House Bill No. 2433, as amended by the Senate, was advanced
to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Snyder: "Senator Rinehart, we struck the six million out on the floor. Is it your intention that that be included in the operating budget that we passed?"
Senator Rinehart: "Senator Snyder, as you know, the budget, at some point, will go into conference. It is my intent to argue for funding for this proposal at some reasonable level in the budget."
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2433, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2433, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 29; Nays, 20; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Bluechel, Drew, Erwin, Fraser, Gaspard, Hargrove, Haugen, Ludwig, McAuliffe, McDonald, Moore, Moyer, Niemi, Pelz, Prentice, Prince, Rasmussen, M., Rinehart, Schow, Skratek, Smith, L., Spanel, Sutherland, Talmadge, Vognild, West, Williams and Winsley - 29.
Voting nay: Senators Amondson, Anderson, Cantu, Deccio, Franklin, Hochstatter, Loveland, McCaslin, Morton, Nelson, Newhouse, Oke, Owen, Quigley, Roach, Sellar, Sheldon, Smith, A., Snyder and Wojahn - 20.
SUBSTITUTE HOUSE BILL NO. 2433, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2676, by House Committee on Appropriations (originally sponsored by Representatives Dunshee, Reams, Anderson, Patterson, Bray, R. Meyers, Basich, Johanson, Pruitt, Ogden, Wolfe, G. Cole, Moak, Valle, H. Myers, Kremen, Silver, Kessler, Conway, Cothern, Morris, Rayburn and J. Kohl) (by request of Governor Lowry)
Restructuring boards, committees, commissions, and councils.
The bill was read the second time.
MOTION
Senator Haugen moved that the following committee on Government Operations amendment be adopted:
Strike everything after the enacting clause and insert the following:
"CHIROPRACTIC
NEW SECTION. Sec. 101. A new section is added to chapter 18.25 RCW to read as follows:
This chapter is enacted:
(1) In the exercise of the police power of the state and to provide an adequate public agency to act as a disciplinary body for the members of the chiropractic profession licensed to practice chiropractic in this state;
(2) Because the health and well-being of the people of this state are of paramount importance;
(3) Because the conduct of members of the chiropractic profession licensed to practice chiropractic in this state plays a vital role in preserving the health and well-being of the people of the state; and
(4) Because practicing other healing arts while licensed to practice chiropractic and while holding one's self out to the public as a chiropractor affects the health and welfare of the people of the state.
It is the purpose of the commission established under section 104 of this act to regulate the competency and quality of professional health care providers under its jurisdiction by establishing, monitoring, and enforcing qualifications for licensing, consistent standards of practice, continuing competency mechanisms, and discipline. Rules, policies, and procedures developed by the commission must promote the delivery of quality health care to the residents of the state.
Sec. 102. RCW 18.25.005 and 1992 c 241 s 2 are each amended to read as follows:
(1) Chiropractic is the practice of health care that deals with the diagnosis or analysis and care or treatment of the vertebral subluxation complex and its effects, articular dysfunction, and musculoskeletal disorders, all for the restoration and maintenance of health and recognizing the recuperative powers of the body.
(2) Chiropractic treatment or care includes the use of procedures involving spinal adjustments, and extremity manipulation insofar as any such procedure is complementary or preparatory to a chiropractic spinal adjustment. Chiropractic treatment also includes the use of heat, cold, water, exercise, massage, trigger point therapy, dietary advice and recommendation of nutritional supplementation except for medicines of herbal, animal, or botanical origin, the normal regimen and rehabilitation of the patient, first aid, and counseling on hygiene, sanitation, and preventive measures. Chiropractic care also includes such physiological therapeutic procedures as traction and light, but does not include procedures involving the application of sound, diathermy, or electricity.
(3) As part of a chiropractic differential diagnosis, a chiropractor shall perform a physical examination, which may include diagnostic x-rays, to determine the appropriateness of chiropractic care or the need for referral to other health care providers. The chiropractic ((disciplinary board)) quality assurance commission shall provide by rule for the type and use of diagnostic and analytical devices and procedures consistent with this chapter.
(4) Chiropractic care shall not include the prescription or dispensing of any medicine or drug, the practice of obstetrics or surgery, the use of x-rays or any other form of radiation for therapeutic purposes, colonic irrigation, or any form of venipuncture.
(5) Nothing in this chapter prohibits or restricts any other practitioner of a "health profession" defined in RCW 18.120.020(4) from performing any functions or procedures the practitioner is licensed or permitted to perform, and the term "chiropractic" as defined in this chapter shall not prohibit a practitioner licensed under chapter 18.71 RCW from performing medical procedures, except such procedures shall not include the adjustment by hand of any articulation of the spine.
Sec. 103. RCW 18.25.006 and 1992 c 241 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) "Department" means the department of health.
(2) "Secretary" means the secretary of the department of health or the secretary's designee.
(3) "Chiropractor" means an individual licensed under this chapter.
(4) (("Board" means the Washington state board of chiropractic examiners.)) "Commission" means the Washington state chiropractic quality assurance commission.
(5) "Vertebral subluxation complex" means a functional defect or alteration of the biomechanical and physiological dynamics in a joint that may cause neuronal disturbances, with or without displacement detectable by x-ray. The effects of the vertebral subluxation complex may include, but are not limited to, any of the following: Fixation, hypomobility, hypermobility, periarticular muscle spasm, edema, or inflammation.
(6) "Articular dysfunction" means an alteration of the biomechanical and physiological dynamics of a joint of the axial or appendicular skeleton.
(7) "Musculoskeletal disorders" means abnormalities of the muscles, bones, and connective tissue.
(8) "Chiropractic differential diagnosis" means a diagnosis to determine the existence of a vertebral subluxation complex, articular dysfunction, or musculoskeletal disorder, and the appropriateness of chiropractic care or the need for referral to other health care providers.
(9) "Chiropractic adjustment" means chiropractic care of a vertebral subluxation complex, articular dysfunction, or musculoskeletal disorder. Such care includes manual or mechanical adjustment of any vertebral articulation and contiguous articulations beyond the normal passive physiological range of motion.
(10) "Extremity manipulation" means a corrective thrust or maneuver applied to a joint of the appendicular skeleton. The use of extremity manipulation shall be complementary and preparatory to a chiropractic spinal adjustment to support correction of a vertebral subluxation complex and is considered a part of a spinal adjustment and shall not be billed separately from or in addition to a spinal adjustment.
NEW SECTION. Sec. 104. A new section is added to chapter 18.25 RCW to read as follows:
COMMISSION ESTABLISHED--MEMBERS APPOINTED BY THE GOVERNOR. The Washington state chiropractic quality assurance commission is established, consisting of fourteen members appointed by the governor to four-year terms, and including eleven practicing chiropractors and three public members. No member may serve more than two consecutive full terms. In appointing the initial members of the commission, it is the intent of the legislature that, to the extent possible, the governor appoint members of the previous boards and committees regulating this profession to the commission. Members of the commission hold office until their successors are appointed. The governor may appoint the members of the initial commissions to staggered terms of from one to four years. Thereafter, all members shall be appointed to full four-year terms. The governor may consider persons who are recommended for appointment by chiropractic associations of this state.
NEW SECTION. Sec. 105. A new section is added to chapter 18.25 RCW to read as follows:
COMMISSION--REMOVAL OF MEMBERS--VACANCIES. The governor may remove a member of the commission for neglect of duty, misconduct, or malfeasance or misfeasance in office. Whenever the governor is satisfied that a member of the commission has been guilty of neglect of duty, misconduct, or malfeasance or misfeasance in office, the governor shall file with the secretary of state a statement of the causes for and the order of removal from office, and the secretary shall forthwith send a certified copy of the order of removal and statement of causes by certified mail to the last known post office address of the member. If a vacancy occurs on the commission, the governor shall appoint a replacement to fill the remainder of the unexpired term.
NEW SECTION. Sec. 106. A new section is added to chapter 18.25 RCW to read as follows:
COMMISSION--QUALIFICATIONS OF MEMBERS. Members must be citizens of the United States and residents of this state. Members must be licensed chiropractors for a period of five years before appointment. Public members of the commission may not be a member of any other health care licensing board or commission, or have a fiduciary obligation to a facility rendering health services regulated by the commission, or have a material or financial interest in the rendering of health services regulated by the commission.
NEW SECTION. Sec. 107. A new section is added to chapter 18.25 RCW to read as follows:
COMMISSION--DUTIES AND POWERS. The commission shall elect officers each year. Meetings of the commission are open to the public, except that the commission may hold executive sessions to the extent permitted by chapter 42.30 RCW. The secretary of health shall furnish such secretarial, clerical, and other assistance as the commission may require.
Each member of the commission shall be compensated in accordance with RCW 43.03.240. Members shall be reimbursed for travel expenses incurred in the actual performance of their duties, as provided in RCW 43.03.050 and 43.03.060.
A majority of the commission members appointed and serving constitutes a quorum for the transaction of commission business. The affirmative vote of a majority of a quorum of the commission is required to carry a motion or resolution, to adopt a rule, or to pass a measure.
The commission may appoint members of panels of at least three members. A quorum for transaction of any business by a panel is a minimum of three members. A majority vote of a quorum of the panel is required to transact business delegated to it by the commission.
The members of the commission are immune from suit in an action, civil or criminal, based upon its disciplinary proceedings or other official acts performed in good faith as members of the commission.
The commission may, whenever the workload of the commission requires, request that the secretary appoint pro tempore members. While serving as members pro tempore persons have all the powers, duties, and immunities, and are entitled to the emoluments, including travel expenses, of the commission.
The commission shall prepare or determine the nature of the examinations for applicants to practice chiropractic.
The commission may adopt such rules as are consistent with this chapter as may be deemed necessary and proper to carry out the purposes of this chapter.
Sec. 108. RCW 18.25.019 and 1987 c 150 s 12 are each amended to read as follows:
The Uniform Disciplinary Act, chapter 18.130 RCW, governs unlicensed practice ((and)), the issuance and denial of licenses, and the discipline of licensees under this chapter.
Sec. 109. RCW 18.25.020 and 1991 c 3 s 38 are each amended to read as follows:
(1) Any person not now licensed to practice chiropractic in this state and who desires to practice chiropractic in this state, before it shall be lawful for him or her to do so, shall make application therefor to the secretary, upon such form and in such manner as may be adopted and directed by the secretary. Each applicant who matriculates to a chiropractic college after January 1, 1975, shall have completed not less than one-half of the requirements for a baccalaureate degree at an accredited and approved college or university and shall be a graduate of a chiropractic school or college accredited and approved by the ((board of chiropractic examiners)) commission and shall show satisfactory evidence of completion by each applicant of a resident course of study of not less than four thousand classroom hours of instruction in such school or college. Applications shall be in writing and shall be signed by the applicant in his or her own handwriting and shall be sworn to before some officer authorized to administer oaths, and shall recite the history of the applicant as to his or her educational advantages, his or her experience in matters pertaining to a knowledge of the care of the sick, how long he or she has studied chiropractic, under what teachers, what collateral branches, if any, he or she has studied, the length of time he or she has engaged in clinical practice; accompanying the same by reference therein, with any proof thereof in the shape of diplomas, certificates, and shall accompany said application with satisfactory evidence of good character and reputation.
(2) There shall be paid to the secretary by each applicant for a license, a fee determined by the secretary as provided in RCW 43.70.250 which shall accompany application and a fee determined by the secretary as provided in RCW 43.70.250, which shall be paid upon issuance of license. Like fees shall be paid for any subsequent examination and application.
Sec. 110. RCW 18.25.025 and 1980 c 51 s 3 are each amended to read as follows:
The ((board)) commission shall have authority to grant accreditation to chiropractic schools and colleges.
The ((board)) commission shall have authority to adopt educational standards which may include standards of any accreditation agency recognized by the office of education of the department of health and human services or its successor agency, or any portion of such standards, as the ((board's)) commission's standards: PROVIDED, That such standards, so adopted, shall contain, as a minimum of on-campus instruction in chiropractic, the following: Principles of chiropractic, two hundred hours; adjustive technique, four hundred hours; spinal roentgenology, one hundred seventy-five hours; symptomatology and diagnosis, four hundred twenty-five hours; clinic, six hundred twenty-five hours: PROVIDED FURTHER, That such standards shall not mandate, as a requirement for either graduation or accreditation, or include in the computation of hours of chiropractic instruction required by this section, instruction in the following: Mechanotherapy, physiotherapy, acupuncture, acupressure, or any other therapy.
The ((board)) commission shall approve and accredit chiropractic colleges and schools which apply for ((board)) commission accreditation and approval and which meet to the ((board's)) commission's satisfaction the educational standards adopted by the ((board)) commission. It shall be the responsibility of the college to apply for accreditation and approval, and of a student to ascertain whether a college or school has been accredited or approved by the ((board)) commission.
The ((board)) commission shall have authority to engage assistants in the giving of examinations called for under this chapter.
Sec. 111. RCW 18.25.030 and 1989 c 258 s 4 are each amended to read as follows:
Examinations for license to practice chiropractic shall be made by the ((board of chiropractic examiners)) commission according to the method deemed by it to be the most practicable and expeditious to test the applicant's qualifications. Such application shall be designated by a number instead of his or her name, so that the identity shall not be discovered or disclosed to the members of the ((examining committee)) commission until after the examination papers are graded.
All examinations shall be in whole or in part in writing, the subject of which shall be as follows: Anatomy, physiology, spinal anatomy, microbiology-public health, general diagnosis, neuromuscularskeletal diagnosis, x-ray, principles of chiropractic and adjusting, as taught by chiropractic schools and colleges. The ((board)) commission shall administer a practical examination to applicants which shall consist of diagnosis, principles and practice, x-ray, and adjustive technique consistent with chapter 18.25 RCW. A license shall be granted to all applicants whose score over each subject tested is seventy-five percent. The ((board)) commission may enact additional requirements for testing administered by the national board of chiropractic examiners.
Sec. 112. RCW 18.25.035 and 1971 ex.s. c 227 s 5 are each amended to read as follows:
The ((board)) commission may, in its discretion, waive any examination required by this chapter of persons applying for a license to practice chiropractic if, in its opinion, the applicant has successfully passed an examination conducted by the national board of chiropractic examiners of the United States that is of equal or greater difficulty than the examination being waived by the ((board)) commission.
Sec. 113. RCW 18.25.040 and 1991 c 320 s 8 are each amended to read as follows:
Persons licensed to practice chiropractic under the laws of any other state, territory of the United States, the District of Columbia, Puerto Rico, or province of Canada, having qualifications substantially equivalent to those required by this chapter, may, in the discretion of the ((board of chiropractic examiners)) commission, and after such examination as may be required by rule of the ((board)) commission, be issued a license to practice in this state without further examination, upon payment of a fee determined by the secretary as provided in RCW 43.70.250.
Sec. 114. RCW 18.25.070 and 1991 c 3 s 40 are each amended to read as follows:
(1) Every person practicing chiropractic shall, as a prerequisite to annual renewal of license, submit to the secretary at the time of application therefor, satisfactory proof showing attendance of at least twenty-five hours during the preceding twelve-month period, at one or more chiropractic symposiums which are recognized and approved by the ((board of chiropractic examiners: PROVIDED, That the board)) commission. The commission may, for good cause shown, waive said attendance. The following guidelines for such symposiums shall apply:
(a) The ((board)) commission shall set criteria for the course content of educational symposia concerning matters which are recognized by the state of Washington chiropractic licensing laws; it shall be the licensee's responsibility to determine whether the course content meets these criteria;
(b) The ((board)) commission shall adopt standards for distribution of annual continuing education credit requirements;
(c) Rules shall be adopted by the ((board)) commission for licensees practicing and residing outside the state who shall meet all requirements established by rule of the ((board by rules and regulations)) commission.
(2) Every person practicing chiropractic within this state shall pay on or before his or her birth anniversary date, after a license is issued to him or her as ((herein)) provided in this chapter, to ((said)) the secretary a renewal license fee to be determined by the secretary as provided in RCW 43.70.250. The secretary shall, thirty days or more before the birth anniversary date of each chiropractor in the state, mail to that chiropractor a notice of the fact that the renewal fee will be due on or before his or her birth anniversary date. Nothing in this chapter shall be construed so as to require that the receipts shall be recorded as original licenses are required to be recorded.
The failure of any licensed chiropractor to pay his or her annual license renewal fee within thirty days of license expiration shall work a forfeiture of his or her license. It shall not be reinstated except upon evidence that continuing educational requirements have been fulfilled and the payment of a penalty to be determined by the secretary as provided in RCW 43.70.250, together with all annual license renewal fees delinquent at the time of the forfeiture, and those for each year thereafter up to the time of reinstatement. ((Should the licentiate)) If the licensee allows his or her license to ((elapse)) lapse for more than three years, he or she may be reexamined as provided for in RCW 18.25.040 at the discretion of the ((board)) commission.
Sec. 115. RCW 18.25.075 and 1991 c 3 s 41 are each amended to read as follows:
(1) An individual may place his or her license on inactive status. The holder of an inactive license shall not practice chiropractic in this state without first activating the license.
(2) The inactive renewal fee shall be established by the secretary pursuant to RCW 43.70.250. Failure to renew an inactive license shall result in cancellation in the same manner as an active license.
(3) An inactive license may be placed in an active status upon compliance with the rules established by the ((board)) commission.
(4) The provisions relating to the denial, suspension, and revocation of a license shall be applicable to an inactive license, except that when proceedings to suspend or revoke an inactive license have been initiated, the license shall remain inactive until the proceedings have been completed.
NEW SECTION. Sec. 116. A new section is added to chapter 18.25 RCW to read as follows:
(1) In addition to those acts defined in chapter 18.130 RCW, the term "unprofessional conduct" as used in this chapter includes failing to differentiate chiropractic care from any and all other methods of healing at all times.
(2) Proceedings involving alleged unprofessional conduct shall be prosecuted by the attorney general upon the direction of the commission.
Sec. 117. RCW 18.25.180 and 1991 c 222 s 9 are each amended to read as follows:
(1) A chiropractor may employ a technician to operate x-ray equipment after the technician has registered with the ((board)) commission.
(2) The ((board)) commission may adopt rules necessary and appropriate to carry out the purposes of this section.
Sec. 118. RCW 18.25.190 and 1991 c 320 s 10 are each amended to read as follows:
Nothing in this chapter shall be construed to prohibit:
(1) The temporary practice in this state of chiropractic by any chiropractor licensed by another state, territory, or country in which he or she resides. However, the chiropractor shall not establish a practice open to the general public and shall not engage in temporary practice under this section for a period longer than thirty days. The chiropractor shall register his or her intention to engage in the temporary practice of chiropractic in this state with the ((board of chiropractic examiners)) commission before engaging in the practice of chiropractic, and shall agree to be bound by such conditions as may be prescribed by rule by the ((board)) commission.
(2) The practice of chiropractic, except the administration of a chiropractic adjustment, by a person who is a regular senior student in an accredited school of chiropractic approved by the ((board)) commission if the practice is part of a regular course of instruction offered by the school and the student is under the direct supervision and control of a chiropractor duly licensed pursuant to this chapter and approved by the ((board)) commission.
(3) The practice of chiropractic by a person serving a period of postgraduate chiropractic training in a program of clinical chiropractic training sponsored by a school of chiropractic accredited in this state if the practice is part of his or her duties as a clinical postgraduate trainee and the trainee is under the direct supervision and control of a chiropractor duly licensed pursuant to this chapter and approved by the ((board)) commission.
(4) The practice of chiropractic by a person who is eligible and has applied to take the next available examination for licensing offered by the ((board of chiropractic examiners)) commission, except that the unlicensed chiropractor must provide all services under the direct control and supervision of a licensed chiropractor approved by the ((board)) commission. The unlicensed chiropractor may continue to practice as provided by this subsection until the results of the next available examination are published, but in no case for a period longer than six months. The ((board)) commission shall adopt rules necessary to effectuate the intent of this subsection.
Any provision of chiropractic services by any individual under subsection (1), (2), (3), or (4) of this section shall be subject to the jurisdiction of the ((chiropractic disciplinary board)) commission as provided in chapters 18.26 and 18.130 RCW.
NEW SECTION. Sec. 119. A new section is added to chapter 18.25 RCW to read as follows:
The commission is the successor in interest of the board of chiropractic examiners, the chiropractic disciplinary board, and the chiropractic peer review committee. All contracts, undertakings, agreements, rules, regulations, and policies of those bodies continue in full force and effect on the effective date of this act, unless otherwise repealed or rejected by chapter . . ., Laws of 1994 (this act) or by the commission.
NEW SECTION. Sec. 120. RCW 18.25.120, 18.25.130, 18.25.140, 18.25.150, 18.25.160, and 18.25.170 are each recodified within chapter 18.25 RCW between RCW 18.25.019 and 18.25.020.
NEW SECTION. Sec. 121. The following acts or parts of acts are each repealed:
(1) RCW 18.25.015 and 1989 c 258 s 1, 1984 c 279 s 49, 1980 c 51 s 1, 1965 ex.s. c 50 s 1, & 1959 c 53 s 1;
(2) RCW 18.25.016 and 1989 c 258 s 13;
(3) RCW 18.25.017 and 1991 c 3 s 37, 1986 c 259 s 23, 1984 c 287 s 27, 1975-'76 2nd ex.s. c 34 s 32, 1974 ex.s. c 97 s 8, & 1959 c 53 s 2;
(4) RCW 18.26.010 and 1989 c 258 s 7 & 1967 c 171 s 1;
(5) RCW 18.26.020 and 1991 c 3 s 43, 1989 c 258 s 8, & 1967 c 171 s 2;
(6) RCW 18.26.028 and 1987 c 150 s 13 & 1986 c 259 s 22;
(7) RCW 18.26.030 and 1986 c 259 s 25, 1979 ex.s. c 111 s 17, 1975 1st ex.s. c 39 s 1, 1974 ex.s. c 97 s 12, & 1967 c 171 s 3;
(8) RCW 18.26.040 and 1989 c 258 s 9 & 1980 c 46 s 1;
(9) RCW 18.26.050 and 1991 c 3 s 44, 1979 c 158 s 21, & 1967 c 171 s 5;
(10) RCW 18.26.060 and 1967 c 171 s 6;
(11) RCW 18.26.070 and 1991 c 3 s 45, 1984 c 287 s 28, & 1980 c 46 s 2;
(12) RCW 18.26.080 and 1967 c 171 s 8;
(13) RCW 18.26.090 and 1989 c 258 s 11 & 1967 c 171 s 9;
(14) RCW 18.26.110 and 1986 c 259 s 26, 1975 1st ex.s. c 39 s 2, & 1967 c 171 s 11;
(15) RCW 18.26.320 and 1991 c 320 s 1;
(16) RCW 18.26.330 and 1991 c 320 s 2;
(17) RCW 18.26.340 and 1991 c 320 s 3;
(18) RCW 18.26.350 and 1991 c 320 s 4;
(19) RCW 18.26.360 and 1991 c 320 s 5;
(20) RCW 18.26.370 and 1991 c 320 s 6;
(21) RCW 18.26.380 and 1991 c 320 s 7;
(22) RCW 18.26.390 and 1991 c 320 s 11; and
(23) RCW 18.26.900 and 1967 c 171 s 31.
DENTAL
NEW SECTION. Sec. 201. A new section is added to chapter 18.32 RCW to read as follows:
The legislature finds that the health and well-being of the people of this state are of paramount importance.
The legislature further finds that the conduct of members of the dental profession licensed to practice dentistry in this state plays a vital role in preserving the health and well-being of the people of the state.
The legislature further finds that there is no effective means of handling disciplinary proceedings against members of the dental profession licensed in this state when such proceedings are necessary for the protection of the public health.
Therefore, the legislature declares its intention to exercise the police power of the state to protect the public health, to promote the welfare of the state, and to provide a commission to act as a disciplinary and regulatory body for the members of the dental profession licensed to practice dentistry in this state.
It is the purpose of the commission established in section 204 of this act to regulate the competency and quality of professional health care providers under its jurisdiction by establishing, monitoring, and enforcing qualifications for licensure, consistent standards of practice, continuing competency mechanisms, and discipline. Rules, policies, and procedures developed by the commission must promote the delivery of quality health care to the residents of the state.
Sec. 202. RCW 18.32.010 and 1991 c 3 s 58 are each amended to read as follows:
Words used in the singular in this chapter may also be applied to the plural of the persons and things; words importing the plural may be applied to the singular; words importing the masculine gender may be extended to females also; the term "((board)) commission" used in this chapter shall mean the Washington state ((board of dental examiners)) dental quality assurance commission; and the term "secretary" shall mean the secretary of health of the state of Washington.
Sec. 203. RCW 18.32.030 and 1991 c 3 s 59 are each amended to read as follows:
The following practices, acts, and operations are excepted from the operation of the provisions of this chapter:
(1) The rendering of dental relief in emergency cases in the practice of his or her profession by a physician or surgeon, licensed as such and registered under the laws of this state, unless the physician or surgeon undertakes to or does reproduce lost parts of the human teeth in the mouth or to restore or to replace in the human mouth lost or missing teeth;
(2) The practice of dentistry in the discharge of official duties by dentists in the United States federal services on federal reservations, including but not limited to the armed services, coast guard, public health service, veterans' bureau, or bureau of Indian affairs;
(3) Dental schools or colleges approved under RCW 18.32.040, and the practice of dentistry by students in Washington state dental schools or colleges approved by the ((board)) commission, when acting under the direction and supervision of Washington state-licensed dental school faculty;
(4) The practice of dentistry by licensed dentists of other states or countries while appearing as clinicians at meetings of the Washington state dental association, or component parts thereof, or at meetings sanctioned by them, or other groups approved by the ((board of dental examiners)) commission;
(5) The use of roentgen and other rays for making radiographs or similar records of dental or oral tissues, under the supervision of a licensed dentist or physician;
(6) The making, repairing, altering, or supplying of artificial restorations, substitutions, appliances, or materials for the correction of disease, loss, deformity, malposition, dislocation, fracture, injury to the jaws, teeth, lips, gums, cheeks, palate, or associated tissues or parts; providing the same are made, repaired, altered, or supplied pursuant to the written instructions and order of a licensed dentist which may be accompanied by casts, models, or impressions furnished by the dentist, and the prescriptions shall be retained and filed for a period of not less than three years and shall be available to and subject to the examination of the secretary or the secretary's authorized representatives;
(7) The removal of deposits and stains from the surfaces of the teeth, the application of topical preventative or prophylactic agents, and the polishing and smoothing of restorations, when performed or prescribed by a dental hygienist licensed under the laws of this state;
(8) A qualified and licensed physician and surgeon or osteopathic physician and surgeon extracting teeth or performing oral surgery pursuant to the scope of practice under chapter 18.71 or 18.57 RCW;
(9) The performing of dental operations or services by persons not licensed under this chapter when performed under the supervision of a licensed dentist: PROVIDED HOWEVER, That such nonlicensed person shall in no event perform the following dental operations or services unless permitted to be performed by the person under this chapter or chapters 18.29, 18.57, 18.71, and ((18.88 RCW:)) 18.-- RCW (sections 401 through 431 of this act) as it applies to registered nurses and advanced registered nurse practitioners:
(a) Any removal of or addition to the hard or soft tissue of the oral cavity;
(b) Any diagnosis of or prescription for treatment of disease, pain, deformity, deficiency, injury, or physical condition of the human teeth or jaws, or adjacent structure;
(c) Any administration of general or injected local anaesthetic of any nature in connection with a dental operation, including intravenous sedation;
(d) Any oral prophylaxis;
(e) The taking of any impressions of the teeth or jaw or the relationships of the teeth or jaws, for the purpose of fabricating any intra-oral restoration, appliance, or prosthesis.
NEW SECTION. Sec. 204. A new section is added to chapter 18.32 RCW to read as follows:
COMMISSION ESTABLISHED--MEMBERS APPOINTED. The Washington state dental quality assurance commission is established, consisting of fourteen members each appointed by the governor to a four-year term. No member may serve more than two consecutive full terms. In appointing the initial members of the commission, it is the intent of the legislature that, to the extent possible, members of the previous boards and committees regulating these professions be appointed to the commission. Members of the commission hold office until their successors are appointed. The governor may appoint members of the initial commission to staggered terms of from one to four years. Thereafter, all members shall be appointed to full four-year terms. Twelve members of the commission must be dentists and two members must be public members.
NEW SECTION. Sec. 205. A new section is added to chapter 18.32 RCW to read as follows:
COMMISSION--REMOVAL OF MEMBERS--VACANCIES. The governor may remove a member of the commission for neglect of duty, misconduct, or malfeasance or misfeasance in office. Whenever the governor is satisfied that a member of the commission has been guilty of neglect of duty, misconduct, or malfeasance or misfeasance in office, the governor shall file with the secretary of state a statement of the causes for and the order of removal from office, and the secretary shall forthwith send a certified copy of the order of removal and statement of causes by certified mail to the last known post office address of the member. If a vacancy occurs on the commission, the governor shall appoint a replacement to fill the remainder of the unexpired term.
NEW SECTION. Sec. 206. A new section is added to chapter 18.32 RCW to read as follows:
COMMISSION--QUALIFICATIONS OF MEMBERS. Members must be citizens of the United States and residents of this state. Dentist members must be licensed dentists in the active practice of dentistry for a period of five years before appointment. Of the twelve dentists appointed to the commission, at least four must reside and engage in the active practice of dentistry east of the summit of the Cascade mountain range. Public members of the commission may not be a member of any other health care licensing board or commission, or have a fiduciary obligation to a facility rendering health services regulated by the commission, or have a material or financial interest in the rendering of health services regulated by the commission.
NEW SECTION. Sec. 207. A new section is added to chapter 18.32 RCW to read as follows:
COMMISSION--DUTIES AND POWERS. The commission shall elect officers each year. Meetings of the commission are open to the public, except the commission may hold executive sessions to the extent permitted by chapter 42.30 RCW. The secretary of health shall furnish such secretarial, clerical, and other assistance as the commission may require.
A majority of the commission members appointed and serving constitutes a quorum for the transaction of commission business. The affirmative vote of a majority of a quorum of the commission is required to carry a motion or resolution, to adopt a rule, or to pass a measure.
The commission may appoint members of panels consisting of not less than three members. A quorum for transaction of any business shall be a minimum of three members. A majority vote of a quorum of the panel is required to transact business delegated to it by the commission.
The members of the commission are immune from suit in an action, civil or criminal, based upon its disciplinary proceedings or other official acts performed in good faith as members of the commission.
The commission may, whenever the workload of the commission requires, request that the secretary appoint pro tempore members. While serving as members pro tempore persons have all the powers, duties, and immunities, and are entitled to the emoluments, including travel expenses, of the commission.
The commission shall prepare or determine the nature of the examinations for applicants to practice dentistry.
The attorney general shall advise the commission and represent it in all legal proceedings.
NEW SECTION. Sec. 208. A new section is added to chapter 18.32 RCW to read as follows:
Each member of the commission shall be compensated in accordance with RCW 43.03.240. Members shall be reimbursed for travel expenses incurred in the actual performance of their duties, as provided in RCW 43.03.050 and 43.03.060. Commission members shall be compensated and reimbursed for their activities in developing or administering a multistate licensing examination, as provided in this chapter.
NEW SECTION. Sec. 209. A new section is added to chapter 18.32 RCW to read as follows:
The commission may contract with competent persons on a temporary basis to assist in developing or administering examinations for licensure.
The commission may enter into compacts and agreements with other states and with organizations formed by several states, for the purpose of conducting multistate licensing examinations. The commission may enter into the compacts and agreements even though they would result in the examination of a candidate for a license in this state by an examiner or examiners from another state or states, and even though the compacts and agreements would result in the examination of a candidate or candidates for a license in another state or states by an examiner or examiners from this state.
NEW SECTION. Sec. 210. A new section is added to chapter 18.32 RCW to read as follows:
The commission may adopt rules in accordance with chapter 34.05 RCW to implement this chapter and chapter 18.130 RCW.
Sec. 211. RCW 18.32.040 and 1991 c 3 s 61 are each amended to read as follows:
The ((board)) commission shall require that every applicant for a license to practice dentistry shall:
(1) Present satisfactory evidence of graduation from a dental college, school, or dental department of an institution approved by the ((board)) commission;
(2) Submit, for the files of the ((board)) commission, a recent picture duly identified and attested; and
(3) Pass an examination prepared or approved by and administered under the direction of the ((board)) commission. The dentistry licensing examination shall consist of practical and written tests upon such subjects and of such scope as the ((board)) commission determines. The ((board)) commission may accept, in lieu of all or part of a written examination, a certificate granted by a national or regional testing organization approved by the ((board)) commission. The ((board)) commission shall set the standards for passing the examination. The secretary shall keep on file the examination papers and records of examination for at least one year. This file shall be open for inspection by the applicant or the applicant's agent unless the disclosure will compromise the examination process as determined by the ((board)) commission or is exempted from disclosure under RCW 42.17.250 through 42.17.340.
Sec. 212. RCW 18.32.050 and 1984 c 287 s 30 are each amended to read as follows:
((The members of the board shall each be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses incurred in attending the meetings of the board in accordance with RCW 43.03.050 and 43.03.060. Board)) Commission members shall be compensated and reimbursed pursuant to this section for their activities in administering a multi-state licensing examination pursuant to the ((board's)) commission's compact or agreement with another state or states or with organizations formed by several states((: PROVIDED, That any)). Compensation or reimbursement received by a ((board)) commission member from another state, or organization formed by several states, for such member's services in administering a multi-state licensing examination, shall be deposited in the state general fund.
Sec. 213. RCW 18.32.100 and 1991 c 3 s 62 are each amended to read as follows:
The applicant for a dentistry license shall file an application on a form furnished by the secretary, stating the applicant's name, age, place of residence, the name of the school or schools attended by the applicant, the period of such attendance, the date of the applicant's graduation, whether the applicant has ever been the subject of any disciplinary action related to the practice of dentistry, and shall include a statement of all of the applicant's dental activities. This shall include any other information deemed necessary by the ((board)) commission.
The application shall be signed by the applicant and sworn to by the applicant before some person authorized to administer oaths, and shall be accompanied by proof of the applicant's school attendance and graduation.
Sec. 214. RCW 18.32.120 and 1991 c 3 s 64 are each amended to read as follows:
When the application and the accompanying proof are found satisfactory, the secretary shall notify the applicant to appear before the ((board)) commission at a time and place to be fixed by the ((board)) commission.
The examination papers, and all grading thereon, and the grading of the practical work, shall be preserved for a period of not less than one year after the ((board)) commission has made and published its decisions thereon. All examinations shall be conducted by the ((board)) commission under fair and wholly impartial methods.
Any applicant who fails to make the required grade by his or her fourth examination may be reexamined only under rules adopted by the ((board)) commission.
Applicants for examination or reexamination shall pay a fee as determined by the secretary as provided in RCW 43.70.250.
Sec. 215. RCW 18.32.160 and 1991 c 3 s 65 are each amended to read as follows:
All licenses issued by the secretary on behalf of the ((board)) commission shall be signed by the secretary or chairperson and secretary of the ((board)) commission.
Sec. 216. RCW 18.32.180 and 1991 c 3 s 67 are each amended to read as follows:
(1) Every person licensed to practice dentistry in this state shall register with the secretary, and pay a renewal registration fee determined by the secretary as provided in RCW 43.70.250. Any failure to register and pay the renewal registration fee renders the license invalid, and the practice of dentistry shall not be permitted. The license shall be reinstated upon written application to the secretary and payment to the state of a penalty fee determined by the secretary as provided in RCW 43.70.250, together with all delinquent license renewal fees.
(2) A person who fails to renew the license for a period of three years may not renew the license under subsection (1) of this section. In order to obtain a license to practice dentistry in this state, such a person shall file an original application as provided for in this chapter, along with the requisite fees. The ((board)) commission, in its sole discretion, may permit the applicant to be licensed without examination, and with or without conditions, if it is satisfied that the applicant meets all the requirements for licensure in this state and is competent to engage in the practice of dentistry.
Sec. 217. RCW 18.32.190 and 1991 c 3 s 68 are each amended to read as follows:
Every person who engages in the practice of dentistry in this state shall cause his or her license to be, at all times, displayed in a conspicuous place, in his or her office wherein he or she shall practice such profession, and shall further, whenever requested, exhibit such license to any of the members of ((said board)) the commission, or its authorized agent, and to the secretary or his or her authorized agent. Every licensee shall notify the secretary of the address or addresses, and of every change thereof, where the licensee shall engage in the practice of dentistry.
Sec. 218. RCW 18.32.195 and 1992 c 59 s 1 are each amended to read as follows:
The ((board)) commission may, without examination, issue a license to persons who possess the qualifications set forth in this section.
(1) The ((board)) commission may, upon written request of the dean of the school of dentistry of the University of Washington, issue a license to practice dentistry in this state to persons who have been licensed or otherwise authorized to practice dentistry in another state or country and who have been accepted for employment by the school of dentistry as full-time faculty members. For purposes of this subsection, this means teaching members of the faculty of the school of dentistry of the University of Washington who are so employed on a one hundred percent of work time basis. Such license shall permit the holder thereof to practice dentistry within the confines of the university facilities for a period of one year while he or she is so employed as a full-time faculty member by the school of dentistry of the University of Washington. It shall terminate whenever the holder ceases to be such a full-time faculty member. Such license shall permit the holder thereof to practice dentistry only in connection with his or her duties in employment with the school of dentistry of the University of Washington. This limitation shall be stated on the license.
(2) The ((board)) commission may, upon written request of the dean of the school of dentistry of the University of Washington, issue a limited license to practice dentistry in this state to university residents in postgraduate dental education. The license shall permit the resident dentist to provide dental care only in connection with his or her duties as a university resident.
(3) The ((board)) commission may condition the granting of a license under this section with terms the ((board)) commission deems appropriate. All persons licensed under this section shall be subject to the jurisdiction of the ((dental disciplinary board)) commission to the same extent as other members of the dental profession, in accordance with this chapter, and in addition the licensee may be disciplined by the ((dental disciplinary board)) commission after a hearing has been held in accordance with the provisions set forth in this chapter, and determination by the ((dental disciplinary board)) commission that such licensee has violated any of the restrictions set forth in this section.
(4) Persons applying for licensure pursuant to this section shall pay the application fee determined by the secretary and, in the event the license applied for is issued, a license fee at the rate provided for licenses generally. After review by the ((board of dental examiners)) commission, licenses issued under this section may be renewed annually if the licensee continues to be employed as a full-time faculty member of the school of dentistry of the University of Washington, or a university resident in postgraduate dental education, and otherwise meets the requirements of the provisions and conditions deemed appropriate by the ((board of dental examiners)) commission. Any person who obtains a license pursuant to this section may, without an additional application fee, apply for licensure under this chapter, in which case the applicant shall be subject to examination and the other requirements of this chapter.
Sec. 219. RCW 18.32.215 and 1989 c 202 s 30 are each amended to read as follows:
An applicant holding a valid license and currently engaged in practice in another state may be granted a license without examination required by this chapter, on the payment of any required fees, if the ((board)) commission determines that the other state's licensing standards are substantively equivalent to the standards in this state((: PROVIDED, That)). The ((board)) commission may also require the applicant to: (1) File with the ((board)) commission documentation certifying the applicant is licensed to practice in another state; and (2) provide information as the ((board)) commission deems necessary pertaining to the conditions and criteria of the Uniform Disciplinary Act, chapter 18.130 RCW, and to demonstrate to the ((board)) commission a knowledge of Washington law pertaining to the practice of dentistry.
Sec. 220. RCW 18.32.534 and 1991 c 3 s 72 are each amended to read as follows:
(1) To implement an impaired dentist program as authorized by RCW 18.130.175, the ((dental disciplinary board)) commission shall enter into a contract with a voluntary substance abuse monitoring program. The impaired dentist program may include any or all of the following:
(a) Contracting with providers of treatment programs;
(b) Receiving and evaluating reports of suspected impairment from any source;
(c) Intervening in cases of verified impairment;
(d) Referring impaired dentists to treatment programs;
(e) Monitoring the treatment and rehabilitation of impaired dentists including those ordered by the ((board)) commission;
(f) Providing education, prevention of impairment, posttreatment monitoring, and support of rehabilitated impaired dentists; and
(g) Performing other related activities as determined by the ((board)) commission.
(2) A contract entered into under subsection (1) of this section shall be financed by a surcharge of up to fifteen dollars on each license issuance or renewal to be collected by the department of health from every dentist licensed under chapter 18.32 RCW. These moneys shall be placed in the health professions account to be used solely for the implementation of the impaired dentist program.
Sec. 221. RCW 18.32.640 and 1988 c 217 s 1 are each amended to read as follows:
(1) The ((board)) commission may adopt((, amend, and rescind)) such rules as it deems necessary to carry out this chapter.
(2) The ((board)) commission may adopt rules governing administration of sedation and general anesthesia by persons licensed under this chapter, including necessary training, education, equipment, and the issuance of any permits, certificates, or registration as required.
Sec. 222. RCW 18.32.655 and 1986 c 259 s 35 are each amended to read as follows:
The ((dental disciplinary board has the power and it shall be its duty to)) commission shall:
(1) Require licensed dentists to keep and maintain a copy of each laboratory referral instruction, describing detailed services rendered, for a period to be determined by the ((board)) commission but not more than three years, and ((to)) may require the production of all such records for examination by the ((board)) commission or its authorized representatives; and
(2) ((Promulgate)) Adopt reasonable rules ((and regulations)) requiring licensed dentists to make, maintain, and produce for examination by the ((board)) commission or its authorized representatives such other records as may be reasonable and proper in the performance of its duties and enforcing the provisions of this chapter.
Sec. 223. RCW 18.32.665 and 1986 c 259 s 36 are each amended to read as follows:
It shall be unlawful for any person, firm, or corporation to publish, directly or indirectly, or circulate any fraudulent, false, or misleading statements within the state of Washington as to the skill or method of practice of any person or operator; or in any way to advertise in print any matter with a view of deceiving the public, or in any way that will tend to deceive or defraud the public; or to claim superiority over neighboring dental practitioners; or to publish reports of cases or certificates of same in any public advertising media; or to advertise as using any anesthetic, drug, formula, medicine, which is either falsely advertised or misnamed; or to employ "capper" or "steerers" to obtain patronage; and any person committing any offense against any of the provisions of this section shall, upon conviction, be subjected to such penalties as are provided in this chapter: PROVIDED, That any person licensed under this chapter may announce credit, terms of credit or installment payments that may be made at periodical intervals to apply on account of any dental service rendered. The ((dental disciplinary board)) commission may adopt such rules as are necessary to carry out the intent of this section.
Sec. 224. RCW 18.32.745 and 1991 c 3 s 73 are each amended to read as follows:
No manager, proprietor, partnership, or association owning, operating, or controlling any room, office, or dental parlors, where dental work is done, provided, or contracted for, shall employ or retain any unlicensed person or dentist as an operator; nor shall fail, within ten days after demand made by the secretary of health((,)) or the ((state board of dental examiners, or the dental disciplinary board)) commission in writing sent by certified mail, addressed to any such manager, proprietor, partnership, or association at ((said)) the room, office, or dental parlor, to furnish the secretary of health((,)) or the ((state board of dental examiners, or the dental disciplinary board)) commission with the names and addresses of all persons practicing or assisting in the practice of dentistry in his or her place of business or under his or her control, together with a sworn statement showing by what license or authority ((said)) the persons are practicing dentistry.
The sworn statement shall not be used as evidence in any subsequent court proceedings, except in a prosecution for perjury connected with its execution.
Any violation of the provisions of this section ((shall constitute)) is improper, unprofessional, and dishonorable conduct; it ((shall)) also ((constitute)) is grounds for injunction proceedings as provided by this chapter, and in addition ((shall constitute)) is a gross misdemeanor, except that the failure to furnish the information as may be requested in accordance with this section ((shall constitute)) is a misdemeanor.
Sec. 225. RCW 18.32.755 and 1986 c 259 s 37 are each amended to read as follows:
Any advertisement or announcement for dental services must include for each office location advertised the names of all persons practicing dentistry at that office location.
Any violation of the provisions of this section ((shall constitute)) is improper, unprofessional, and dishonorable conduct; it ((shall)) also ((constitute)) is grounds for injunction proceedings as provided by RCW 18.130.190(((2))) (4), and in addition ((shall constitute)) is a gross misdemeanor.
NEW SECTION. Sec. 226. A new section is added to chapter 18.32 RCW to read as follows:
The commission is the successor in interest of the board of dental examiners and the dental disciplinary board. All contracts, undertakings, agreements, rules, regulations, and policies continue in full force and effect on the effective date of this act, unless otherwise repealed or rejected by chapter ..., Laws of 1994 (this act) or by the commission.
NEW SECTION. Sec. 227. The following acts or parts of acts are each repealed:
(1) RCW 18.32.035 and 1989 c 202 s 14, 1984 c 279 s 50, 1979 c 38 s 1, 1975 c 49 s 1, 1953 c 93 s 2, 1941 c 92 s 1, & 1935 c 112 s 2;
(2) RCW 18.32.037 and 1991 c 3 s 60, 1989 c 202 s 15, & 1935 c 112 s 3;
(3) RCW 18.32.042 and 1989 c 202 s 28;
(4) RCW 18.32.500 and 1989 c 202 s 24, 1986 c 259 s 39, & 1977 ex.s. c 5 s 37;
(5) RCW 18.32.510 and 1977 ex.s. c 5 s 1;
(6) RCW 18.32.520 and 1991 c 3 s 71, 1989 c 202 s 25, 1986 c 259 s 40, 1979 c 158 s 36, & 1977 ex.s. c 5 s 2;
(7) RCW 18.32.560 and 1984 c 279 s 51 & 1977 ex.s. c 5 s 6;
(8) RCW 18.32.570 and 1977 ex.s. c 5 s 7;
(9) RCW 18.32.580 and 1977 ex.s. c 5 s 8;
(10) RCW 18.32.590 and 1977 ex.s. c 5 s 9;
(11) RCW 18.32.600 and 1984 c 287 s 31 & 1977 ex.s. c 5 s 10;
(12) RCW 18.32.610 and 1977 ex.s. c 5 s 11; and
(13) RCW 18.32.620 and 1984 c 279 s 62 & 1977 ex.s. c 5 s 12.
MEDICAL
NEW SECTION. Sec. 301. A new section is added to chapter 18.71 RCW to read as follows:
It is the purpose of the medical quality assurance commission to regulate the competency and quality of professional health care providers under its jurisdiction by establishing, monitoring, and enforcing qualifications for licensing, consistent standards of practice, continuing competency mechanisms, and discipline. Rules, policies, and procedures developed by the commission must promote the delivery of quality health care to the residents of the state of Washington.
Sec. 302. RCW 18.71.010 and 1991 c 3 s 158 are each amended to read as follows:
The following terms used in this chapter shall have the meanings set forth in this section unless the context clearly indicates otherwise:
(1) (("Board" means the board of medical examiners)) "Commission" means the Washington state medical quality assurance commission.
(2) "Secretary" means the secretary of health.
(3) "Resident physician" means an individual who has graduated from a school of medicine which meets the requirements set forth in RCW 18.71.055 and is serving a period of postgraduate clinical medical training sponsored by a college or university in this state or by a hospital accredited by this state. For purposes of this chapter, the term shall include individuals designated as intern or medical fellow.
(4) "Emergency medical care" or "emergency medical service" has the same meaning as in chapter 18.73 RCW.
Sec. 303. RCW 18.71.015 and 1991 c 44 s 1 and 1991 c 3 s 159 are each reenacted and amended to read as follows:
((There is hereby created a board of medical examiners consisting of six individuals licensed to practice medicine in the state of Washington, one individual who is licensed as a physician assistant under chapter 18.71A RCW, and two individuals who are not physicians, to be known as the Washington state board of medical examiners.)) The Washington state medical quality assurance commission is established, consisting of thirteen individuals licensed to practice medicine in the state of Washington under this chapter, two individuals who are licensed as physician assistants under chapter 18.71A RCW, and four individuals who are members of the public. Each congressional district now existing or hereafter created in the state must be represented by at least one physician member of the commission. The terms of office of members of the commission are not affected by changes in congressional district boundaries. Public members of the commission may not be a member of any other health care licensing board or commission, or have a fiduciary obligation to a facility rendering health services regulated by the commission, or have a material or financial interest in the rendering of health services regulated by the commission.
The ((board)) members of the commission shall be appointed by the governor. ((On expiration of the term of any member, the governor shall appoint for a period of five years an individual of similar qualifications to take the place of such member.)) Members of the initial commission may be appointed to staggered terms of one to four years, and thereafter all terms of appointment shall be for four years. The governor shall consider such physician and physician assistant members who are recommended for appointment by the appropriate professional associations in the state. In appointing the initial members of the commission, it is the intent of the legislature that, to the extent possible, the existing members of the board of medical examiners and medical disciplinary board repealed under section 336, chapter . . ., Laws of 1994 (this act) be appointed to the commission. No member may serve more than two consecutive full terms. Each member shall hold office until ((the expiration of the term for which such member is appointed or until)) a successor ((shall have been)) is appointed ((and shall have qualified)).
Each member of the ((board shall)) commission must be a citizen of the United States, must be an actual resident of this state, and, if a physician, must have been licensed to practice medicine in this state for at least five years.
The ((board)) commission shall meet as soon as practicable after appointment and elect ((a chair and, a vice-chair from its members)) officers each year. Meetings shall be held at least four times a year and at such place as the ((board shall)) commission determines and at such other times and places as the ((board)) commission deems necessary. A majority of the ((board)) commission members appointed and serving ((shall)) constitutes a quorum for the transaction of ((board)) commission business.
((It shall require)) The affirmative vote of a majority of a quorum of the ((board)) commission is required to carry any motion or resolution, to adopt any rule, or to pass any measure. The commission may appoint panels consisting of at least three members. A quorum for the transaction of any business by a panel is a minimum of three members. A majority vote of ((the members appointed to a panel of the board shall constitute)) a quorum ((for)) of the panel is required to transact business delegated to it by the ((board)) commission.
Each member of the ((board)) commission shall be compensated in accordance with RCW 43.03.240 and in addition thereto shall be reimbursed for travel expenses incurred in carrying out the duties of the ((board)) commission in accordance with RCW 43.03.050 and 43.03.060. Any such expenses shall be paid from funds appropriated to the department of health.
((Any member of the board may be removed by the governor for)) Whenever the governor is satisfied that a member of a commission has been guilty of neglect of duty, misconduct, or malfeasance or misfeasance in office, the governor shall file with the secretary of state a statement of the causes for and the order of removal from office, and the secretary shall forthwith send a certified copy of the statement of causes and order of removal to the last known post office address of the member.
Vacancies in the membership of the ((board)) commission shall be filled for the unexpired term by appointment by the governor.
The members of the commission are immune from suit in an action, civil or criminal, based on its disciplinary proceedings or other official acts performed in good faith as members of the commission.
Whenever the workload of the commission requires, the commission may request that the secretary appoint pro tempore members of the commission. When serving, pro tempore members of the commission have all of the powers, duties, and immunities, and are entitled to all of the emoluments, including travel expenses, of regularly appointed members of the commission.
Sec. 304. RCW 18.71.017 and 1961 c 284 s 11 are each amended to read as follows:
The board may ((make)) adopt such rules ((and regulations)) as are not inconsistent with the laws of this state as may be determined necessary or proper to carry out the purposes of this chapter. The commission is the successor in interest of the board of medical examiners and the medical disciplinary board. All contracts, undertakings, agreements, rules, regulations, and policies continue in full force and effect on the effective date of this act, unless otherwise repealed or rejected by this chapter or by the commission.
Sec. 305. RCW 18.71.019 and 1987 c 150 s 45 are each amended to read as follows:
The Uniform Disciplinary Act, chapter 18.130 RCW, governs unlicensed practice and the issuance and denial of licenses and discipline of licensees under this chapter.
Sec. 306. RCW 18.71.030 and 1990 c 196 s 12 and 1990 c 33 s 552 are each reenacted and amended to read as follows:
Nothing in this chapter shall be construed to apply to or interfere in any way with the practice of religion or any kind of treatment by prayer; nor shall anything in this chapter be construed to prohibit:
(1) The furnishing of medical assistance in cases of emergency requiring immediate attention;
(2) The domestic administration of family remedies;
(3) The administration of oral medication of any nature to students by public school district employees or private elementary or secondary school employees as provided for in chapter 28A.210 RCW;
(4) The practice of dentistry, osteopathy, osteopathy and surgery, nursing, chiropractic, ((podiatry)) podiatric medicine and surgery, optometry, naturopathy, or any other healing art licensed under the methods or means permitted by such license;
(5) The practice of medicine in this state by any commissioned medical officer serving in the armed forces of the United States or public health service or any medical officer on duty with the United States veterans administration while such medical officer is engaged in the performance of the duties prescribed for him or her by the laws and regulations of the United States;
(6) The practice of medicine by any practitioner licensed by another state or territory in which he or she resides, provided that such practitioner shall not open an office or appoint a place of meeting patients or receiving calls within this state;
(7) The practice of medicine by a person who is a regular student in a school of medicine approved and accredited by the ((board)) commission, however, the performance of such services be only pursuant to a regular course of instruction or assignments from his or her instructor, or that such services are performed only under the supervision and control of a person licensed pursuant to this chapter;
(8) The practice of medicine by a person serving a period of postgraduate medical training in a program of clinical medical training sponsored by a college or university in this state or by a hospital accredited in this state, however, the performance of such services shall be only pursuant to his or her duties as a trainee;
(9) The practice of medicine by a person who is regularly enrolled in a physician assistant program approved by the ((board)) commission, however, the performance of such services (([shall])) shall be only pursuant to a regular course of instruction in said program and such services are performed only under the supervision and control of a person licensed pursuant to this chapter;
(10) The practice of medicine by a licensed physician assistant which practice is performed under the supervision and control of a physician licensed pursuant to this chapter;
(11) The practice of medicine, in any part of this state which shares a common border with Canada and which is surrounded on three sides by water, by a physician licensed to practice medicine and surgery in Canada or any province or territory thereof;
(12) The administration of nondental anesthesia by a dentist who has completed a residency in anesthesiology at a school of medicine approved by the ((board of medical examiners)) commission, however, a dentist allowed to administer nondental anesthesia shall do so only under authorization of the patient's attending surgeon, obstetrician, or psychiatrist, and the ((medical disciplinary board shall have)) commission has jurisdiction to discipline a dentist practicing under this exemption and enjoin or suspend such dentist from the practice of nondental anesthesia according to ((the provisions of chapter 18.72 RCW)) this chapter and chapter 18.130 RCW;
(13) Emergency lifesaving service rendered by a physician's trained mobile intravenous therapy technician, by a physician's trained mobile airway management technician, or by a physician's trained mobile intensive care paramedic, as defined in RCW 18.71.200, if the emergency lifesaving service is rendered under the responsible supervision and control of a licensed physician;
(14) The provision of clean, intermittent bladder catheterization for students by public school district employees or private school employees as provided for in RCW ((18.88.295)) 18.--.--- (section 429 of this act) and 28A.210.280.
Sec. 307. RCW 18.71.050 and 1991 c 3 s 161 are each amended to read as follows:
(1) Each applicant who has graduated from a school of medicine located in any state, territory, or possession of the United States, the District of Columbia, or the Dominion of Canada, shall file an application for licensure with the ((board)) commission on a form prepared by the secretary with the approval of the ((board)) commission. Each applicant shall furnish proof satisfactory to the ((board)) commission of the following:
(a) That the applicant has attended and graduated from a school of medicine approved by the ((board)) commission;
(b) That the applicant has completed two years of postgraduate medical training in a program acceptable to the ((board)) commission, provided that applicants graduating before July 28, 1985, may complete only one year of postgraduate medical training;
(c) That the applicant is of good moral character; and
(d) That the applicant is physically and mentally capable of safely carrying on the practice of medicine. The ((board)) commission may require any applicant to submit to such examination or examinations as it deems necessary to determine an applicant's physical and/or mental capability to safely practice medicine.
(2) Nothing in this section shall be construed as prohibiting the ((board)) commission from requiring such additional information from applicants as it deems necessary. The issuance and denial of licenses are subject to chapter 18.130 RCW, the Uniform Disciplinary Act.
Sec. 308. RCW 18.71.051 and 1991 c 3 s 162 are each amended to read as follows:
Applicants for licensure to practice medicine who have graduated from a school of medicine located outside of the states, territories, and possessions of the United States, the District of Columbia, or the Dominion of Canada, shall file an application for licensure with the ((board)) commission on a form prepared by the secretary with the approval of the ((board)) commission. Each applicant shall furnish proof satisfactory to the ((board)) commission of the following:
(1) That he or she has completed in a school of medicine a resident course of professional instruction equivalent to that required in this chapter for applicants generally;
(2) That he or she meets all the requirements which must be met by graduates of the United States and Canadian school of medicine except that he or she need not have graduated from a school of medicine approved by the ((board)) commission;
(3) That he or she has satisfactorily passed the examination given by the educational council for foreign medical graduates or has met the requirements in lieu thereof as set forth in rules ((and regulations)) adopted by the ((board)) commission;
(4) That he or she has the ability to read, write, speak, understand, and be understood in the English language.
Sec. 309. RCW 18.71.055 and 1975 1st ex.s. c 171 s 8 are each amended to read as follows:
The ((board)) commission may approve any school of medicine which is located in any state, territory, or possession of the United States, the District of Columbia, or in the Dominion of Canada, provided that it:
(1) Requires collegiate instruction which includes courses deemed by the ((board)) commission to be prerequisites to medical education;
(2) Provides adequate instruction in the following subjects: Anatomy, biochemistry, microbiology and immunology, pathology, pharmacology, physiology, anaesthesiology, dermatology, gynecology, internal medicine, neurology, obstetrics, ((opthalmology)) ophthalmology, orthopedic surgery, otolaryngology, pediatrics, physical medicine and rehabilitation, preventive medicine and public health, psychiatry, radiology, surgery, and urology, and such other subjects determined by the ((board)) commission;
(3) Provides clinical instruction in hospital wards and out-patient clinics under guidance.
Approval may be withdrawn by the ((board)) commission at any time a medical school ceases to comply with one or more of the requirements of this section.
(4) Nothing in this section shall be construed to authorize the ((board)) commission to approve a school of osteopathy, osteopathy and surgery, or osteopathic medicine, for purposes of qualifying an applicant to be licensed under this chapter by direct licensure, reciprocity, or otherwise.
Sec. 310. RCW 18.71.060 and 1975 1st ex.s. c 171 s 9 are each amended to read as follows:
((Said board)) The commission shall keep an official record of all its proceedings, a part of which record shall consist of a register of all applicants for licensure under this chapter, with the result of each application. ((Said)) The record shall be evidence of all the proceedings of ((said board which)) the commission that are set forth ((therein)) in it.
Sec. 311. RCW 18.71.070 and 1985 c 322 s 3 are each amended to read as follows:
With the exception of those applicants granted licensure through the provisions of RCW 18.71.090 or 18.71.095, applicants for licensure must successfully complete an examination administered by the ((board)) commission to determine their professional qualifications. The ((board)) commission shall prepare and give, or approve the preparation and giving of, an examination which shall cover those general subjects and topics, a knowledge of which is commonly and generally required of candidates for the degree of doctor of medicine conferred by approved colleges or schools of medicine in the United States. Notwithstanding any other provision of law, the ((board shall have)) commission has the sole responsibility for determining the proficiency of applicants under this chapter, and, in so doing, may waive any prerequisite to licensure not set forth in this chapter.
The ((board)) commission may by rule establish the passing grade for the examination.
Examination results shall be part of the records of the ((board)) commission and shall be permanently kept with the applicant's file.
Sec. 312. RCW 18.71.080 and 1991 c 195 s 1 and 1991 c 3 s 163 are each reenacted and amended to read as follows:
Every person licensed to practice medicine in this state shall register with the secretary of health annually, and pay an annual renewal registration fee determined by the secretary as provided in RCW 43.70.250. The ((board)) commission may establish rules governing mandatory continuing education requirements which shall be met by physicians applying for renewal of licenses. The rules ((and regulations)) shall provide that mandatory continuing education requirements may be met in part by physicians showing evidence of the completion of approved activities relating to professional liability risk management. Any failure to register and pay the annual renewal registration fee shall render the license invalid, but such license shall be reinstated upon written application therefor to the secretary, and payment to the state of a penalty fee determined by the secretary as provided in RCW 43.70.250, together with all delinquent annual license renewal fees: PROVIDED, HOWEVER, That any person who fails to renew the license for a period of three years, shall in no event be entitled to renew the license under this section. Such a person in order to obtain a license to practice medicine in this state, shall file an original application as provided for in this chapter, along with the requisite fee therefor. The ((board)) commission, in its sole discretion, may permit such applicant to be licensed without examination if it is satisfied that such applicant meets all the requirements for licensure in this state, and is competent to engage in the practice of medicine.
Sec. 313. RCW 18.71.085 and 1991 c 44 s 2 are each amended to read as follows:
The ((board)) commission may adopt rules pursuant to this section authorizing an inactive license status.
(1) An individual licensed pursuant to chapter 18.71 RCW may place his or her license on inactive status. The holder of an inactive license shall not practice medicine and surgery in this state without first activating the license.
(2) The inactive renewal fee shall be established by the secretary pursuant to RCW 43.70.250. Failure to renew an inactive license shall result in cancellation in the same manner as an active license.
(3) An inactive license may be placed in an active status upon compliance with rules established by the ((board)) commission.
(4) Provisions relating to disciplinary action against a person with a license shall be applicable to a person with an inactive license, except that when disciplinary proceedings against a person with an inactive license have been initiated, the license shall remain inactive until the proceedings have been completed.
Sec. 314. RCW 18.71.090 and 1985 c 322 s 5 are each amended to read as follows:
Any applicant who meets the requirements of RCW 18.71.050 and has been licensed under the laws of another state, territory, or possession of the United States, or of any province of Canada, or an applicant who has satisfactorily passed examinations given by the national board of medical examiners may, in the discretion of the ((board)) commission, be granted a license without examination on the payment of the fees required by this chapter: PROVIDED, That the applicant must file with the ((board)) commission a copy of the license certified by the proper authorities of the issuing state to be a full, true copy thereof, and must show that the standards, eligibility requirements, and examinations of that state are at least equal in all respects to those of this state.
Sec. 315. RCW 18.71.095 and 1991 c 3 s 164 are each amended to read as follows:
The ((board)) commission may, without examination, issue a limited license to persons who possess the qualifications set forth herein:
(1) The ((board)) commission may, upon the written request of the secretary of the department of social and health services or the secretary of corrections, issue a limited license to practice medicine in this state to persons who have been accepted for employment by the department of social and health services or the department of corrections as physicians; who are licensed to practice medicine in another state of the United States or in the country of Canada or any province or territory thereof; and who meet all of the qualifications for licensure set forth in RCW 18.71.050.
Such license shall permit the holder thereof to practice medicine only in connection with patients, residents, or inmates of the state institutions under the control and supervision of the secretary of the department of social and health services or the department of corrections.
(2) The ((board)) commission may issue a limited license to practice medicine in this state to persons who have been accepted for employment by a county or city health department as physicians; who are licensed to practice medicine in another state of the United States or in the country of Canada or any province or territory thereof; and who meet all of the qualifications for licensure set forth in RCW 18.71.050.
Such license shall permit the holder thereof to practice medicine only in connection with his or her duties in employment with the city or county health department.
(3) Upon receipt of a completed application showing that the applicant meets all of the requirements for licensure set forth in RCW 18.71.050 except for completion of two years of postgraduate medical training, and that the applicant has been appointed as a resident physician in a program of postgraduate clinical training in this state approved by the ((board)) commission, the ((board)) commission may issue a limited license to a resident physician. Such license shall permit the resident physician to practice medicine only in connection with his or her duties as a resident physician and shall not authorize the physician to engage in any other form of practice. Each resident physician shall practice medicine only under the supervision and control of a physician licensed in this state, but such supervision and control shall not be construed to necessarily require the personal presence of the supervising physician at the place where services are rendered.
(4)(a) Upon nomination by the dean of the school of medicine at the University of Washington or the chief executive officer of a hospital or other appropriate health care facility licensed in the state of Washington, the ((board)) commission may issue a limited license to a physician applicant invited to serve as a teaching-research member of the institution's instructional staff if the sponsoring institution and the applicant give evidence that he or she has graduated from a recognized medical school and has been licensed or otherwise privileged to practice medicine at his or her location of origin. Such license shall permit the recipient to practice medicine only within the confines of the instructional program specified in the application and shall terminate whenever the holder ceases to be involved in that program, or at the end of one year, whichever is earlier. Upon request of the applicant and the institutional authority, the license may be renewed for no more than a total of two years.
(b) Upon nomination by the dean of the school of medicine of the University of Washington or the chief executive officer of any hospital or appropriate health care facility licensed in the state of Washington, the ((board)) commission may issue a limited license to an applicant selected by the sponsoring institution to be enrolled in one of its designated departmental or divisional fellowship programs provided that the applicant shall have graduated from a recognized medical school and has been granted a license or other appropriate certificate to practice medicine in the location of the applicant's origin. Such license shall permit the holder only to practice medicine within the confines of the fellowship program to which he or she has been appointed and, upon the request of the applicant and the sponsoring institution, the license may be renewed by the ((board)) commission for no more than a total of two years.
All persons licensed under this section shall be subject to the jurisdiction of the ((medical disciplinary board)) commission to the same extent as other members of the medical profession, in accordance with this chapter and chapter((s 18.72 and)) 18.130 RCW.
Persons applying for licensure pursuant to this section shall pay an application fee determined by the secretary as provided in RCW 43.70.250 and, in the event the license applied for is issued, a license fee at the rate provided for renewals of licenses generally. Licenses issued hereunder may be renewed annually pursuant to the provisions of RCW 18.71.080. Any person who obtains a limited license pursuant to this section may, without an additional application fee, apply for licensure under this chapter, but shall submit a new application form and comply with all other licensing requirements of this chapter.
Sec. 316. RCW 18.71.205 and 1992 c 128 s 1 are each amended to read as follows:
(1) The secretary of the department of health, in conjunction with the advice and assistance of the emergency medical services licensing and certification advisory committee as prescribed in RCW 18.73.050, and the ((board of medical examiners)) commission, shall prescribe:
(a) Minimum standards and performance requirements for the certification and recertification of physician's trained intravenous therapy technicians, airway management technicians, and mobile intensive care paramedics; and
(b) Procedures for certification, recertification, and decertification of physician's trained intravenous therapy technicians, airway management technicians, and mobile intensive care paramedics.
(2) Initial certification shall be for a period of three years.
(3) Recertification shall be granted upon proof of continuing satisfactory performance and education, and shall be for a period of three years.
(4) As used in chapters 18.71 and 18.73 RCW, "approved medical program director" means a person who:
(a) Is licensed to practice medicine and surgery pursuant to chapter 18.71 RCW or osteopathy and surgery pursuant to chapter 18.57 RCW; and
(b) Is qualified and knowledgeable in the administration and management of emergency care and services; and
(c) Is so certified by the department of health for a county, group of counties, or cities with populations over four hundred thousand in coordination with the recommendations of the local medical community and local emergency medical services and trauma care council.
(5) The Uniform Disciplinary Act, chapter 18.130 RCW, governs uncertified practice, the issuance and denial of certificates, and the disciplining of certificate holders under this section. The secretary shall be the disciplining authority under this section. Disciplinary action shall be initiated against a person credentialed under this chapter in a manner consistent with the responsibilities and duties of the medical program director under whom such person is responsible.
Sec. 317. RCW 18.71.230 and 1986 c 259 s 112 are each amended to read as follows:
A right to practice medicine and surgery by an individual in this state pursuant to RCW 18.71.030 (5) through (12) shall be subject to discipline by order of the ((board)) commission upon a finding by the ((board)) commission of an act of unprofessional conduct as defined in RCW 18.130.180 or that the individual is unable to practice with reasonable skill or safety due to a mental or physical condition as described in RCW 18.130.170. Such physician shall have the same rights of notice, hearing, and judicial review as provided licensed physicians generally ((pursuant to chapters 18.72 and)) under this chapter and chapter 18.130 RCW.
Sec. 318. RCW 18.71A.010 and 1990 c 196 s 1 are each amended to read as follows:
The definitions set forth in this section apply throughout this chapter.
(1) "Physician assistant" means a person who is licensed by the ((board)) commission to practice medicine to a limited extent only under the supervision of a physician as defined in chapter 18.71 RCW and who is academically and clinically prepared to provide health care services and perform diagnostic, therapeutic, preventative, and health maintenance services.
(2) "((Board)) Commission" means the ((board of medical examiners)) medical quality assurance commission.
(3) "Practice medicine" ((shall have)) has the meaning defined in RCW 18.71.011.
(4) "Secretary" means the secretary of health or the secretary's designee.
(5) "Department" means the department of health.
Sec. 319. RCW 18.71A.020 and 1993 c 28 s 5 are each amended to read as follows:
(1) The ((board)) commission shall adopt rules fixing the qualifications and the educational and training requirements for licensure as a physician assistant or for those enrolled in any physician assistant training program. The requirements shall include completion of an accredited physician assistant training program approved by the ((board)) commission and eligibility to take an examination approved by the ((board, provided such)) commission, if the examination tests subjects substantially equivalent to the curriculum of an accredited physician assistant training program. Physician assistants licensed by the board of medical examiners as of June 7, 1990, shall continue to be licensed.
(2)(a) The ((board)) commission shall adopt rules governing the extent to which:
(i) Physician assistant students may practice medicine during training; and
(ii) Physician assistants may practice after successful completion of a physician assistant training course.
(b) Such rules shall provide:
(i) That the practice of a physician assistant shall be limited to the performance of those services for which he or she is trained; and
(ii) That each physician assistant shall practice medicine only under the supervision and control of a physician licensed in this state, but such supervision and control shall not be construed to necessarily require the personal presence of the supervising physician or physicians at the place where services are rendered.
(3) Applicants for licensure shall file an application with the ((board)) commission on a form prepared by the secretary with the approval of the ((board)) commission, detailing the education, training, and experience of the physician assistant and such other information as the ((board)) commission may require. The application shall be accompanied by a fee determined by the secretary as provided in RCW 43.70.250. Each applicant shall furnish proof satisfactory to the ((board)) commission of the following:
(a) That the applicant has completed an accredited physician assistant program approved by the ((board)) commission and is eligible to take the examination approved by the ((board)) commission;
(b) That the applicant is of good moral character; and
(c) That the applicant is physically and mentally capable of practicing medicine as a physician assistant with reasonable skill and safety. The ((board)) commission may require an applicant to submit to such examination or examinations as it deems necessary to determine an applicant's physical or mental capability, or both, to safely practice as a physician assistant.
(4) The ((board)) commission may approve, deny, or take other disciplinary action upon the application for license as provided in the Uniform Disciplinary Act, chapter 18.130 RCW. The license shall be renewed on a periodic basis as determined by the secretary under RCW 43.70.280, upon payment of a fee determined by the secretary as provided in RCW 43.70.250, and submission of a completed renewal application, in addition to any late renewal penalty fees as determined by the secretary as provided in RCW 43.70.250. The ((board)) commission may authorize the use of alternative supervisors who are licensed either under chapter 18.57 or 18.71 RCW.
Sec. 320. RCW 18.71A.030 and 1993 c 28 s 6 are each amended to read as follows:
A physician assistant ((as defined in this chapter)) may practice medicine in this state only with the approval of the practice arrangement plan by the ((board)) commission and only to the extent permitted by the ((board)) commission. A physician assistant who has received a license but who has not received ((board)) commission approval of the practice arrangement plan under RCW 18.71A.040 may not practice. A physician assistant shall be subject to discipline under chapter 18.130 RCW.
Sec. 321. RCW 18.71A.040 and 1993 c 28 s 7 are each amended to read as follows:
(1) No physician assistant practicing in this state shall be employed or supervised by a physician or physician group without the approval of the ((board)) commission.
(2) Prior to commencing practice, a physician assistant licensed in this state shall apply to the ((board)) commission for permission to be employed or supervised by a physician or physician group. The practice arrangement plan shall be jointly submitted by the physician or physician group and physician assistant. The secretary may charge a fee as provided in RCW 43.70.250 to recover the cost for the plan review. The practice arrangement plan shall delineate the manner and extent to which the physician assistant would practice and be supervised. Whenever a physician assistant is practicing in a manner inconsistent with the approved practice arrangement plan, the medical disciplinary board may take disciplinary action under chapter 18.130 RCW.
Sec. 322. RCW 18.71A.045 and 1988 c 113 s 2 are each amended to read as follows:
Foreign medical school graduates shall not be eligible for ((registration)) licensing as physician assistants after July 1, 1989. ((Those applying on or before that date shall remain eligible to register as a physician assistant after July 1, 1989: PROVIDED, That the graduate does not violate chapter 18.130 RCW or the rules of the board. The board shall adopt rules regarding applications for registration. The rules shall include board approval of training as required in RCW 18.71.051(1) and receipt of original translated transcripts directly from the medical school.))
Sec. 323. RCW 18.71A.050 and 1993 c 28 s 8 are each amended to read as follows:
No physician who supervises a licensed physician assistant in accordance with and within the terms of any permission granted by the ((medical examining board shall be)) commission is considered as aiding and abetting an unlicensed person to practice medicine. The supervising physician and physician assistant shall retain professional and personal responsibility for any act which constitutes the practice of medicine as defined in RCW 18.71.011 when performed by the physician assistant.
Sec. 324. RCW 18.71A.060 and 1990 c 196 s 6 are each amended to read as follows:
No health care services may be performed under this chapter in any of the following areas:
(1) The measurement of the powers or range of human vision, or the determination of the accommodation and refractive state of the human eye or the scope of its functions in general, or the fitting or adaptation of lenses or frames for the aid thereof.
(2) The prescribing or directing the use of, or using, any optical device in connection with ocular exercises, visual training, vision training, or orthoptics.
(3) The prescribing of contact lenses for, or the fitting or adaptation of contact lenses to, the human eye.
(4) Nothing in this section shall preclude the performance of routine visual screening.
(5) The practice of dentistry or dental hygiene as defined in chapters 18.32 and 18.29 RCW respectively. The exemptions set forth in RCW 18.32.030((, paragraphs)) (1) and (8), shall not apply to a physician assistant.
(6) The practice of chiropractic as defined in chapter 18.25 RCW including the adjustment or manipulation of the articulations of the spine.
(7) The practice of ((podiatry)) podiatric medicine and surgery as defined in chapter 18.22 RCW.
Sec. 325. RCW 18.71A.085 and 1990 c 196 s 10 are each amended to read as follows:
Any physician assistant acupuncturist currently licensed by the ((board)) commission may continue to perform acupuncture under the physician assistant license as long as he or she maintains licensure as a physician assistant.
Sec. 326. RCW 18.72.155 and 1991 c 3 s 168 are each amended to read as follows:
The secretary of the department of health shall appoint, from a list of three names supplied by the ((board)) commission, an executive ((secretary)) director who shall act to carry out the provisions of this chapter. The secretary shall also employ such additional staff including administrative assistants, investigators, and clerical staff as are required to enable the ((board)) commission to accomplish its duties and responsibilities. The executive ((secretary shall be)) director is exempt from the provisions of the civil service law, chapter 41.06 RCW, as now or hereafter amended.
Sec. 327. RCW 18.72.165 and 1986 c 300 s 5 are each amended to read as follows:
(1) A licensed health care professional licensed under this chapter ((18.71 RCW)) shall report to the ((medical disciplinary board)) commission when he or she has personal knowledge that a practicing physician has either committed an act or acts which may constitute statutorily defined unprofessional conduct or that a practicing physician may be unable to practice medicine with reasonable skill and safety to patients by reason of illness, drunkenness, excessive use of drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical conditions.
(2) Reporting under this section is not required by:
(a) An appropriately appointed peer review committee member of a licensed hospital or by an appropriately designated professional review committee member of a county or state medical society during the investigative phase of their respective operations if these investigations are completed in a timely manner; or
(b) A treating licensed health care professional of a physician currently involved in a treatment program as long as the physician patient actively participates in the treatment program and the physician patient's impairment does not constitute a clear and present danger to the public health, safety, or welfare.
(3) The ((medical disciplinary board)) commission may impose disciplinary sanctions, including license suspension or revocation, on any health care professional subject to the jurisdiction of the ((board)) commission who has failed to comply with this section.
Sec. 328. RCW 18.72.265 and 1986 c 259 s 117 are each amended to read as follows:
(1) The contents of any report file under RCW 18.130.070 shall be confidential and exempt from public disclosure pursuant to chapter 42.17 RCW, except that it may be reviewed (a) by the licensee involved or his or her counsel or authorized representative who may submit any additional exculpatory or explanatory statements or other information, which statements or other information shall be included in the file, or (b) by a representative of the ((medical disciplinary board)) commission, or investigator thereof, who has been assigned to review the activities of a licensed physician.
Upon a determination that a report is without merit, the ((board's)) commission's records may be purged of information relating to the report.
(2) Every individual, medical association, medical society, hospital, medical service bureau, health insurance carrier or agent, professional liability insurance carrier, professional standards review organization, and agency of the federal, state, or local government shall be immune from civil liability, whether direct or derivative, for providing information to the ((board subsequent to)) commission under RCW 18.130.070, or for which an individual health care provider has immunity under the provisions of RCW 4.24.240, 4.24.250, or 4.24.260((, as now or hereafter amended)).
Sec. 329. RCW 18.72.301 and 1989 c 119 s 1 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 18.72.306 through 18.72.321 (as recodified by this act).
(1) (("Board" means the medical disciplinary board of this state.
(2))) "Committee" means a nonprofit corporation formed by physicians who have expertise in the areas of alcoholism, drug abuse, or mental illness and who broadly represent the physicians of the state and that has been designated to perform any or all of the activities set forth in RCW 18.72.306(1) (as recodified by this act) pursuant to rules adopted by the ((board)) commission under chapter 34.05 RCW.
(((3))) (2) "Impaired" or "impairment" means the presence of the diseases of alcoholism, drug abuse, mental illness, or other debilitating conditions.
(((4))) (3) "Impaired physician program" means the program for the prevention, detection, intervention, and monitoring of impaired physicians established by the ((board)) commission pursuant to RCW 18.72.306(1) (as recodified by this act).
(((5))) (4) "Physician" means a person licensed under this chapter ((18.71 RCW)).
(((6))) (5) "Treatment program" means a plan of care and rehabilitation services provided by those organizations or persons authorized to provide such services to be approved by the ((board)) commission for impaired physicians taking part in the impaired physician program created by RCW 18.72.306 (as recodified by this act).
Sec. 330. RCW 18.72.306 and 1991 c 3 s 169 are each amended to read as follows:
(1) The ((board)) commission shall enter into a contract with the committee to implement an impaired physician program. The impaired physician program may include any or all of the following:
(a) Contracting with providers of treatment programs;
(b) Receiving and evaluating reports of suspected impairment from any source;
(c) Intervening in cases of verified impairment;
(d) Referring impaired physicians to treatment programs;
(e) Monitoring the treatment and rehabilitation of impaired physicians including those ordered by the ((board)) commission;
(f) Providing post-treatment monitoring and support of rehabilitative impaired physicians;
(g) Performing such other activities as agreed upon by the ((board)) commission and the committee; and
(h) Providing prevention and education services.
(2) A contract entered into under subsection (1) of this section shall be financed by a surcharge of up to twenty-five dollars on each license renewal or issuance of a new license to be collected by the department of health from every physician and surgeon licensed under this chapter ((18.71 RCW)) in addition to other license fees and the medical discipline assessment fee established under RCW 18.72.380. These moneys shall be placed in the health professions account to be used solely for the implementation of the impaired physician program.
Sec. 331. RCW 18.72.311 and 1987 c 416 s 3 are each amended to read as follows:
The committee shall develop procedures in consultation with the ((board)) commission for:
(1) Periodic reporting of statistical information regarding impaired physician activity;
(2) Periodic disclosure and joint review of such information as the ((board)) commission may deem appropriate regarding reports received, contacts or investigations made, and the disposition of each report: PROVIDED, That the committee shall not disclose any personally identifiable information except as provided in subsections (3) and (4) of this section;
(3) Immediate reporting to the ((board)) commission of the name and results of any contact or investigation regarding any impaired physician who is believed to constitute an imminent danger to the public;
(4) Reporting to the ((board)) commission, in a timely fashion, any impaired physician who refuses to cooperate with the committee, refuses to submit to treatment, or whose impairment is not substantially alleviated through treatment, and who, in the opinion of the committee, is unable to practice medicine with reasonable skill and safety. However, impairment, in and of itself, shall not give rise to a presumption of the inability to practice medicine with reasonable skill and safety;
(5) Informing each participant of the impaired physician program of the program procedures, the responsibilities of program participants, and the possible consequences of noncompliance with the program.
Sec. 332. RCW 18.72.316 and 1987 c 416 s 4 are each amended to read as follows:
If the ((board)) commission has reasonable cause to believe that a physician is impaired, the ((board)) commission shall cause an evaluation of such physician to be conducted by the committee or the committee's designee or the ((board's)) commission's designee for the purpose of determining if there is an impairment. The committee or appropriate designee shall report the findings of its evaluation to the ((board)) commission.
Sec. 333. RCW 18.72.340 and 1993 c 367 s 17 are each amended to read as follows:
(1) Every institution or organization providing professional liability insurance to physicians shall send a complete report to the ((medical disciplinary board)) commission of all malpractice settlements, awards, or payments in excess of twenty thousand dollars as a result of a claim or action for damages alleged to have been caused by an insured physician's incompetency or negligence in the practice of medicine. Such institution or organization shall also report the award, settlement, or payment of three or more claims during a five-year time period as the result of the alleged physician's incompetence or negligence in the practice of medicine regardless of the dollar amount of the award or payment.
(2) Reports required by this section shall be made within sixty days of the date of the settlement or verdict. Failure to comply with this section is punishable by a civil penalty not to exceed two hundred fifty dollars.
Sec. 334. RCW 18.72.345 and 1991 c 215 s 2 are each amended to read as follows:
To assist in identifying impairment related to alcohol abuse, the ((board)) commission may obtain a copy of the driving record of a physician or a physician assistant maintained by the department of licensing.
NEW SECTION. Sec. 335. (1) RCW 18.72.155, 18.72.165, 18.72.265, 18.72.301, 18.72.306, 18.72.311, 18.72.316, 18.72.340, and 18.72.345, as amended by this act, are each recodified as sections in chapter 18.71 RCW.
(2) RCW 18.72.010, 18.72.321, 18.72.380, 18.72.390, and 18.72.400 are each recodified as sections in chapter 18.71 RCW.
NEW SECTION. Sec. 336. The following acts or parts of acts are each repealed:
(1) RCW 18.72.020 and 1986 c 259 s 115 & 1955 c 202 s 2;
(2) RCW 18.72.045 and 1991 c 215 s 1;
(3) RCW 18.72.090 and 1955 c 202 s 9;
(4) RCW 18.72.100 and 1991 c 3 s 166, 1984 c 287 s 45, 1979 ex.s. c 111 s 3, 1979 c 158 s 59, 1975-'76 2nd ex.s. c 34 s 42, & 1955 c 202 s 10;
(5) RCW 18.72.110 and 1955 c 202 s 11;
(6) RCW 18.72.120 and 1991 c 3 s 167 & 1955 c 202 s 12;
(7) RCW 18.72.130 and 1979 ex.s. c 111 s 4 & 1955 c 202 s 13;
(8) RCW 18.72.150 and 1986 c 259 s 116, 1979 ex.s. c 111 s 5, 1975 c 61 s 4, & 1955 c 202 s 15;
(9) RCW 18.72.154 and 1986 c 259 s 107;
(10) RCW 18.72.190 and 1989 c 373 s 18 & 1955 c 202 s 19;
(11) RCW 18.72.900 and 1955 c 202 s 46; and
(12) RCW 18.72.910 and 1955 c 202 s 48.
NURSING CARE
NEW SECTION. Sec. 401. It is the purpose of the nursing care quality assurance commission to regulate the competency and quality of professional health care providers under its jurisdiction by establishing, monitoring, and enforcing qualifications for licensing, consistent standards of practice, continuing competency mechanisms, and discipline. Rules, policies, and procedures developed by the commission must promote the delivery of quality health care to the residents of the state of Washington.
NEW SECTION. Sec. 402. Unless a different meaning is plainly required by the context, the definitions set forth in this section apply throughout this chapter.
(1) "Commission" means the Washington state nursing care quality assurance commission.
(2) "Department" means the department of health.
(3) "Secretary" means the secretary of health or the secretary's designee.
(4) "Diagnosis," in the context of nursing practice, means the identification of, and discrimination between, the person's physical and psycho-social signs and symptoms that are essential to effective execution and management of the nursing care regimen.
(5) "Diploma" means written official verification of completion of an approved nursing education program.
(6) "Nurse" or "nursing," unless otherwise specified as a practical nurse or practical nursing, means a registered nurse or registered nursing.
NEW SECTION. Sec. 403. (1) It is unlawful for a person to practice or to offer to practice as a registered nurse in this state unless that person has been licensed under this chapter. A person who holds a license to practice as a registered nurse in this state may use the title "registered nurse" and the abbreviation "R.N." No other person may assume that title or use the abbreviation or any other words, letters, signs, or figures to indicate that the person using them is a registered nurse.
(2) It is unlawful for a person to practice or to offer to practice as an advanced registered nurse practitioner or as a nurse practitioner in this state unless that person has been licensed under this chapter. A person who holds a license to practice as an advanced registered nurse practitioner in this state may use the titles "advanced registered nurse practitioner" and "nurse practitioner" and the abbreviations "A.R.N.P." and "N.P." No other person may assume those titles or use those abbreviations or any other words, letters, signs, or figures to indicate that the person using them is an advanced registered nurse practitioner or nurse practitioner.
(3) It is unlawful for a person to practice or to offer to practice as a licensed practical nurse in this state unless that person has been licensed under this chapter. A person who holds a license to practice as a licensed practical nurse in this state may use the title "licensed practical nurse" and the abbreviation "L.P.N." No other person may assume that title or use that abbreviation or any other words, letters, signs, or figures to indicate that the person using them is a licensed practical nurse.
NEW SECTION. Sec. 404. (1) "Registered nursing practice" means the performance of acts requiring substantial specialized knowledge, judgment, and skill based on the principles of the biological, physiological, behavioral, and sociological sciences in either:
(a) The observation, assessment, diagnosis, care or counsel, and health teaching of the ill, injured, or infirm, or in the maintenance of health or prevention of illness of others;
(b) The performance of such additional acts requiring education and training and that are recognized by the medical and nursing professions as proper and recognized by the commission to be performed by registered nurses licensed under this chapter and that are authorized by the commission through its rules;
(c) The administration, supervision, delegation, and evaluation of nursing practice. However, nothing in this subsection affects the authority of a hospital, hospital district, medical clinic, or office, concerning its administration and supervision;
(d) The teaching of nursing;
(e) The executing of medical regimen as prescribed by a licensed physician and surgeon, dentist, osteopathic physician and surgeon, podiatric physician and surgeon, physician assistant, osteopathic physician assistant, or advanced registered nurse practitioner.
(2) Nothing in this section prohibits a person from practicing a profession for which a license has been issued under the laws of this state or specifically authorized by any other law of the state of Washington.
(3) This section does not prohibit (a) the nursing care of the sick, without compensation, by an unlicensed person who does not hold himself or herself out to be a registered nurse, or (b) the practice of licensed practical nursing by a licensed practical nurse.
NEW SECTION. Sec. 405. "Advanced registered nursing practice" means the performance of the acts of a registered nurse and the performance of an expanded role in providing health care services as recognized by the medical and nursing professions, the scope of which is defined by rule by the commission. Upon approval by the commission, an advanced registered nurse practitioner may prescribe legend drugs and controlled substances contained in Schedule V of the Uniform Controlled Substances Act, chapter 69.50 RCW.
Nothing in this section prohibits a person from practicing a profession for which a license has been issued under the laws of this state or specifically authorized by any other law of the state of Washington.
This section does not prohibit (1) the nursing care of the sick, without compensation, by an unlicensed person who does not hold himself or herself out to be an advanced registered nurse practitioner, or (2) the practice of registered nursing by a licensed registered nurse or the practice of licensed practical nursing by a licensed practical nurse.
NEW SECTION. Sec. 406. "Licensed practical nursing practice" means the performance of services requiring the knowledge, skill, and judgment necessary for carrying out selected aspects of the designated nursing regimen under the direction and supervision of a licensed physician and surgeon, dentist, osteopathic physician and surgeon, physician assistant, osteopathic physician assistant, podiatric physician and surgeon, advanced registered nurse practitioner, or registered nurse.
Nothing in this section prohibits a person from practicing a profession for which a license has been issued under the laws of this state or specifically authorized by any other law of the state of Washington.
This section does not prohibit the nursing care of the sick, without compensation, by an unlicensed person who does not hold himself or herself out to be a licensed practical nurse.
NEW SECTION. Sec. 407. (1) The state nursing care quality assurance commission is established, consisting of eleven members to be appointed by the governor to four-year terms. No person may serve as a member of the commission for more than two consecutive full terms.
(2) There must be three registered nurse members, two advanced registered nurse practitioner members, three licensed practical nurse members, two public members, and one nonvoting midwife member licensed under chapter 18.50 RCW, on the commission. Each member of the commission must be a citizen of the United States and a resident of this state.
(3) Registered nurse members of the commission must:
(a) Be licensed as registered nurses under this chapter; and
(b) Have had at least five years' experience in the active practice of nursing and have been engaged in that practice within two years of appointment.
(4) Advanced registered nurse practitioner members of the commission must:
(a) Be licensed as advanced registered nurse practitioners under this chapter; and
(b) Have had at least five years' experience in the active practice of advanced registered nursing and have been engaged in that practice within two years of appointment.
(5) Licensed practical nurse members of the commission must:
(a) Be licensed as licensed practical nurses under this chapter; and
(b) Have had at least five years' actual experience as a licensed practical nurse and have been engaged in practice as a practical nurse within two years of appointment.
(6) Public members of the commission may not be a member of any other health care licensing board or commission, or have a fiduciary obligation to a facility rendering health services regulated by the commission, or have a material or financial interest in the rendering of health services regulated by the commission.
(7) The nonvoting licensed midwife member of the commission must:
(a) Be licensed as a midwife under chapter 18.50 RCW; and
(b) Have had at least five years' actual experience as a licensed midwife and have been engaged in practice as a midwife within two years of appointment.
In appointing the initial members of the commission, it is the intent of the legislature that, to the extent possible, the governor appoint the existing members of the board of nursing and the board of practical nursing repealed under chapter . . ., Laws of 1994 (this act). The governor may appoint initial members of the commission to staggered terms of from one to four years. Thereafter, all members shall be appointed to full four-year terms. Members of the commission hold office until their successors are appointed.
NEW SECTION. Sec. 408. The governor may remove a member of the commission for neglect of duty, misconduct, malfeasance or misfeasance in office, or for incompetency or unprofessional conduct as defined in chapter 18.130 RCW. Whenever the governor is satisfied that a member of the commission has been guilty of neglect of duty, misconduct, malfeasance or misfeasance in office, or of incompetency or unprofessional conduct, the governor shall file with the secretary of state a statement of the causes for and the order of removal from office, and the secretary shall forthwith send a certified copy of the statement of causes and order of removal to the last known post office address of the member. If a vacancy occurs on the commission, the governor shall appoint a replacement member to fill the remainder of the unexpired term.
NEW SECTION. Sec. 409. Each commission member shall be compensated in accordance with RCW 43.03.240 and shall be paid travel expenses when away from home in accordance with RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 410. The commission shall annually elect officers from among its members. The commission shall meet at least quarterly at times and places it designates. It shall hold such other meetings during the year as may be deemed necessary to transact its business. A majority of the commission members appointed and serving constitutes a quorum at a meeting. All meetings of the commission must be open and public, except that the commission may hold executive sessions to the extent permitted by chapter 42.30 RCW.
Carrying a motion or resolution, adopting a rule, or passing a measure requires the affirmative vote of a majority of a quorum of the commission. The commission may appoint panels consisting of at least three members. A quorum for transaction of any business by a panel is a minimum of three members. A majority vote of a quorum of the panel is required to transact business delegated to it by the commission.
NEW SECTION. Sec. 411. The commission shall keep a record of all of its proceedings and make such reports to the governor as may be required. The commission shall define by rules what constitutes specialized and advanced levels of nursing practice as recognized by the medical and nursing profession. The commission may adopt rules or issue advisory opinions in response to questions put to it by professional health associations, nursing practitioners, and consumers in this state concerning the authority of various categories of nursing practitioners to perform particular acts.
The commission shall approve curricula and shall establish criteria for minimum standards for schools preparing persons for licensing as registered nurses, advanced registered nurse practitioners, and licensed practical nurses under this chapter. The commission shall approve such schools of nursing as meet the requirements of this chapter and the commission, and the commission shall approve establishment of basic nursing education programs and shall establish criteria as to the need for and the size of a program and the type of program and the geographical location. The commission shall establish criteria for proof of reasonable currency of knowledge and skill as a basis for safe practice after three years' inactive or lapsed status. The commission shall establish criteria for licensing by endorsement. The commission shall determine examination requirements for applicants for licensing as registered nurses, advanced registered nurse practitioners, and licensed practical nurses under this chapter, and shall certify to the secretary for licensing duly qualified applicants.
The commission shall adopt such rules under chapter 34.05 RCW as are necessary to fulfill the purposes of this chapter.
The commission is the successor in interest of the board of nursing and the board of practical nursing. All contracts, undertakings, agreements, rules, regulations, decisions, orders, and policies of the former board of nursing or the board of practical nursing continue in full force and effect under the commission until the commission amends or rescinds those rules, regulations, decisions, orders, or policies.
The members of the commission are immune from suit in an action, civil or criminal, based on its disciplinary proceedings or other official acts performed in good faith as members of the commission.
Whenever the workload of the commission requires, the commission may request that the secretary appoint pro tempore members of the commission. When serving, pro tempore members of the commission have all of the powers, duties, and immunities, and are entitled to all of the emoluments, including travel expenses, of regularly appointed members of the commission.
NEW SECTION. Sec. 412. The Uniform Disciplinary Act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.
NEW SECTION. Sec. 413. The secretary shall appoint, after consultation with the commission, an executive director who shall act to carry out this chapter. The secretary shall also employ such professional, secretarial, clerical, and other assistants as may be necessary to effectively administer this chapter. The secretary shall fix the compensation and provide for travel expenses for the executive director and all such employees, in accordance with RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 414. The executive director must be a graduate of an approved nursing education program and of a college or university, with a masters' degree, and currently licensed as a registered nurse under this chapter; have a minimum of eight years' experience in nursing in any combination of administration and nursing education; and have been actively engaged in the practice of registered nursing or nursing education within two years immediately before the time of appointment.
NEW SECTION. Sec. 415. An institution desiring to conduct a school of registered nursing or a school or program of practical nursing, or both, shall apply to the commission and submit evidence satisfactory to the commission that:
(1) It is prepared to carry out the curriculum approved by the commission for basic registered nursing or practical nursing, or both; and
(2) It is prepared to meet other standards established by law and by the commission.
The commission shall make, or cause to be made, such surveys of the schools and programs, and of institutions and agencies to be used by the schools and programs, as it determines are necessary. If in the opinion of the commission, the requirements for an approved school of registered nursing or a school or program of practical nursing, or both, are met, the commission shall approve the school or program.
NEW SECTION. Sec. 416. (1) An applicant for a license to practice as a registered nurse shall submit to the commission:
(a) An attested written application on a department form;
(b) Written official evidence of a diploma from an approved school of nursing; and
(c) Any other official records specified by the commission.
(2) An applicant for a license to practice as an advanced registered nurse practitioner shall submit to the commission:
(a) An attested written application on a department form;
(b) Written official evidence of completion of an advanced registered nurse practitioner training program meeting criteria established by the commission; and
(c) Any other official records specified by the commission.
(3) An applicant for a license to practice as a licensed practical nurse shall submit to the commission:
(a) An attested written application on a department form;
(b) Written official evidence that the applicant is over the age of eighteen;
(c) Written official evidence of a high school diploma or general education development certificate or diploma;
(d) Written official evidence of completion of an approved practical nursing program, or its equivalent; and
(e) Any other official records specified by the commission.
(4) At the time of submission of the application, the applicant for a license to practice as a registered nurse, advanced registered nurse practitioner, or licensed practical nurse must not be in violation of chapter 18.130 RCW or this chapter.
(5) The commission shall establish by rule the criteria for evaluating the education of all applicants.
NEW SECTION. Sec. 417. An applicant for a license to practice as a registered nurse, advanced registered nurse practitioner, or licensed practical nurse must pass an examination in subjects determined by the commission. The examination may be supplemented by an oral or practical examination. The commission shall establish by rule the requirements for applicants who have failed the examination to qualify for reexamination.
NEW SECTION. Sec. 418. When authorized by the commission, the department shall issue an interim permit authorizing the applicant to practice registered nursing, advanced registered nursing, or licensed practical nursing, as appropriate, from the time of verification of the completion of the school or training program until notification of the results of the examination. Upon the applicant passing the examination, and if all other requirements established by the commission for licensing are met, the department shall issue the applicant a license to practice registered nursing, advanced registered nursing, or licensed practical nursing, as appropriate. If the applicant fails the examination, the interim permit expires upon notification to the applicant, and is not renewable. The holder of an interim permit is subject to chapter 18.130 RCW.
NEW SECTION. Sec. 419. Upon approval of the application by the commission, the department shall issue a license by endorsement without examination to practice as a registered nurse or as a licensed practical nurse to a person who is licensed as a registered nurse or licensed practical nurse under the laws of another state, territory, or possession of the United States, and who meets all other qualifications for licensing.
An applicant who has graduated from a school or program of nursing outside the United States and is licensed as a registered nurse or licensed practical nurse, or their equivalents, outside the United States must meet all qualifications required by this chapter and pass examinations as determined by the commission.
2 NEW SECTION. Sec. 420. An applicant for a license to practice as a registered nurse, advanced registered nurse practitioner, or licensed practical nurse shall pay a fee as determined by the secretary under RCW 43.70.250 to the state treasurer.
NEW SECTION. Sec. 421. A license issued under this chapter, whether in an active or inactive status, must be renewed, except as provided in this chapter. The licensee shall send the renewal form to the department with a renewal fee, as determined by the secretary under RCW 43.70.250, before the expiration date. Upon receipt of the renewal form and the appropriate fee, the department shall issue the licensee a license, which declares the holder to be a legal practitioner of registered nursing, advanced registered nursing practice, or licensed practical nursing, as appropriate, in either active or inactive status, for the period of time stated on the license.
NEW SECTION. Sec. 422. A person licensed under this chapter who allows his or her license to lapse by failing to renew the license, shall on application for renewal pay a penalty determined by the secretary under RCW 43.70.250. If the licensee fails to renew the license before the end of the current licensing period, the department shall issue the license for the next licensing period upon receipt of a written application and fee determined by the secretary under RCW 43.70.250. Persons on lapsed status for three or more years must provide evidence of knowledge and skill of current practice as required by the commission.
NEW SECTION. Sec. 423. A person licensed under this chapter who desires to retire temporarily from registered nursing practice, advanced registered nursing practice, or licensed practical nursing practice in this state shall send a written notice to the secretary.
Upon receipt of the notice the department shall place the name of the person on inactive status. While remaining on this status the person shall not practice in this state any form of nursing provided for in this chapter. When the person desires to resume practice, the person shall apply to the commission for renewal of the license and pay a renewal fee to the state treasurer. Persons on inactive status for three years or more must provide evidence of knowledge and skill of current practice as required by the commission or as provided in this chapter.
NEW SECTION. Sec. 424. (1) In the context of the definition of registered nursing practice and advanced registered nursing practice, this chapter shall not be construed as:
(a) Prohibiting the incidental care of the sick by domestic servants or persons primarily employed as housekeepers, so long as they do not practice registered nursing within the meaning of this chapter;
(b) Preventing a person from the domestic administration of family remedies or the furnishing of nursing assistance in case of emergency;
(c) Prohibiting the practice of nursing by students enrolled in approved schools as may be incidental to their course of study or prohibiting the students from working as nursing aides;
(d) Prohibiting auxiliary services provided by persons carrying out duties necessary for the support of nursing services, including those duties that involve minor nursing services for persons performed in hospitals, nursing homes, or elsewhere under the direction of licensed physicians or the supervision of licensed registered nurses;
(e) Prohibiting the practice of nursing in this state by a legally qualified nurse of another state or territory whose engagement requires him or her to accompany and care for a patient temporarily residing in this state during the period of one such engagement, not to exceed six months in length, if the person does not represent or hold himself or herself out as a registered nurse licensed to practice in this state;
(f) Prohibiting nursing or care of the sick, with or without compensation, when done in connection with the practice of the religious tenets of a church by adherents of the church so long as they do not engage in the practice of nursing as defined in this chapter;
(g) Prohibiting the practice of a legally qualified nurse of another state who is employed by the United States government or a bureau, division, or agency thereof, while in the discharge of his or her official duties;
(h) Permitting the measurement of the powers or range of human vision, or the determination of the accommodation and refractive state of the human eye or the scope of its functions in general, or the fitting or adaptation of lenses for the aid thereof;
(i) Permitting the prescribing or directing the use of, or using, an optical device in connection with ocular exercises, visual training, vision training, or orthoptics;
(j) Permitting the prescribing of contact lenses for, or the fitting and adaptation of contact lenses to, the human eye;
(k) Prohibiting the performance of routine visual screening;
(l) Permitting the practice of dentistry or dental hygiene as defined in chapters 18.32 and 18.29 RCW, respectively;
(m) Permitting the practice of chiropractic as defined in chapter 18.25 RCW including the adjustment or manipulation of the articulation of the spine;
(n) Permitting the practice of podiatric medicine and surgery as defined in chapter 18.22 RCW;
(o) Permitting the performance of major surgery, except such minor surgery as the commission may have specifically authorized by rule adopted in accordance with chapter 34.05 RCW;
(p) Permitting the prescribing of controlled substances as defined in Schedules I through IV of the Uniform Controlled Substances Act, chapter 69.50 RCW, except as provided in (r) of this subsection;
(q) Prohibiting the determination and pronouncement of death;
(r) Prohibiting advanced registered nurse practitioners, approved by the commission as certified registered nurse anesthetists from selecting, ordering, or administering controlled substances as defined in Schedules II through IV of the Uniform Controlled Substances Act, chapter 69.50 RCW, consistent with their commission-recognized scope of practice; subject to facility-specific protocols, and subject to a request for certified registered nurse anesthetist anesthesia services issued by a physician licensed under chapter 18.71 RCW, an osteopathic physician and surgeon licensed under chapter 18.57 RCW, a dentist licensed under chapter 18.32 RCW, or a podiatric physician and surgeon licensed under chapter 18.22 RCW; the authority to select, order, or administer Schedule II through IV controlled substances being limited to those drugs that are to be directly administered to patients who require anesthesia for diagnostic, operative, obstetrical, or therapeutic procedures in a hospital, clinic, ambulatory surgical facility, or the office of a practitioner licensed under chapter 18.71, 18.22, 18.36, 18.36A, 18.57, 18.57A, or 18.32 RCW; "select" meaning the decision-making process of choosing a drug, dosage, route, and time of administration; and "order" meaning the process of directing licensed individuals pursuant to their statutory authority to directly administer a drug or to dispense, deliver, or distribute a drug for the purpose of direct administration to a patient, under instructions of the certified registered nurse anesthetist. "Protocol" means a statement regarding practice and documentation concerning such items as categories of patients, categories of medications, or categories of procedures rather than detailed case-specific formulas for the practice of nurse anesthesia.
(2) In the context of the definition of licensed practical nursing practice, this chapter shall not be construed as:
(a) Prohibiting the incidental care of the sick by domestic servants or persons primarily employed as housekeepers, so long as they do not practice practical nursing within the meaning of this chapter;
(b) Preventing a person from the domestic administration of family remedies or the furnishing of nursing assistance in case of emergency;
(c) Prohibiting the practice of practical nursing by students enrolled in approved schools as may be incidental to their course of study or prohibiting the students from working as nursing assistants;
(d) Prohibiting auxiliary services provided by persons carrying out duties necessary for the support of nursing services, including those duties that involve minor nursing services for persons performed in hospitals, nursing homes, or elsewhere under the direction of licensed physicians or the supervision of licensed registered nurses;
(e) Prohibiting or preventing the practice of nursing in this state by a legally qualified nurse of another state or territory whose engagement requires him or her to accompany and care for a patient temporarily residing in this state during the period of one such engagement, not to exceed six months in length, if the person does not represent or hold himself or herself out as a licensed practical nurse licensed to practice in this state;
(f) Prohibiting nursing or care of the sick, with or without compensation, when done in connection with the practice of the religious tenets of a church by adherents of the church so long as they do not engage in licensed practical nurse practice as defined in this chapter;
(g) Prohibiting the practice of a legally qualified nurse of another state who is employed by the United States government or any bureau, division, or agency thereof, while in the discharge of his or her official duties.
NEW SECTION. Sec. 425. An advanced registered nurse practitioner under his or her license may perform for compensation nursing care, as that term is usually understood, of the ill, injured, or infirm, and in the course thereof, she or he may do the following things that shall not be done by a person not so licensed, except as provided in sections 426 and 427 of this act:
(1) Perform specialized and advanced levels of nursing as recognized jointly by the medical and nursing professions, as defined by the commission;
(2) Prescribe legend drugs and Schedule V controlled substances, as defined in the Uniform Controlled Substances Act, chapter 69.50 RCW, within the scope of practice defined by the commission;
(3) Perform all acts provided in section 426 of this act;
(4) Hold herself or himself out to the public or designate herself or himself as an advanced registered nurse practitioner or as a nurse practitioner.
NEW SECTION. Sec. 426. A registered nurse under his or her license may perform for compensation nursing care, as that term is usually understood, of the ill, injured, or infirm, and in the course thereof, she or he may do the following things that shall not be done by a person not so licensed, except as provided in section 427 of this act:
(1) At or under the general direction of a licensed physician and surgeon, dentist, osteopathic physician and surgeon, podiatric physician and surgeon, physician assistant, osteopathic physician assistant, or advanced registered nurse practitioner acting within the scope of his or her license, administer medications, treatments, tests, and inoculations, whether or not the severing or penetrating of tissues is involved and whether or not a degree of independent judgment and skill is required;
(2) Delegate to other persons engaged in nursing, the functions outlined in subsection (1) of this section;
(3) Instruct nurses in technical subjects pertaining to nursing;
(4) Hold herself or himself out to the public or designate herself or himself as a registered nurse.
NEW SECTION. Sec. 427. A licensed practical nurse under his or her license may perform nursing care, as that term is usually understood, of the ill, injured, or infirm, and in the course thereof may, under the direction of a licensed physician and surgeon, osteopathic physician and surgeon, dentist, podiatric physician and surgeon, physician assistant, osteopathic physician assistant, advanced registered nurse practitioner acting under the scope of his or her license, or at the direction and under the supervision of a registered nurse, administer drugs, medications, treatments, tests, injections, and inoculations, whether or not the piercing of tissues is involved and whether or not a degree of independent judgment and skill is required, when selected to do so by one of the licensed practitioners designated in this section, or by a registered nurse who need not be physically present; if the order given is reduced to writing within a reasonable time and made a part of the patient's record.
NEW SECTION. Sec. 428. It is not a violation of chapter 18.71 RCW or of chapter 18.57 RCW for a registered nurse, at or under the general direction of a licensed physician and surgeon, or osteopathic physician and surgeon, to administer prescribed drugs, injections, inoculations, tests, or treatment whether or not the piercing of tissues is involved.
NEW SECTION. Sec. 429. (1) In accordance with rules adopted by the commission, public school districts and private schools that offer classes for any of grades kindergarten through twelve may provide for clean, intermittent bladder catheterization of students or assisted self-catheterization of students who are in the custody of the school district or private school at the time. After consultation with staff of the superintendent of public instruction, the commission shall adopt rules in accordance with chapter 34.05 RCW, that provide for the following and such other matters as the commission deems necessary to the proper implementation of this section:
(a) A requirement for a written, current, and unexpired request from a parent, legal guardian, or other person having legal control over the student that the school district or private school provide for the catheterization of the student;
(b) A requirement for a written, current, and unexpired request from a physician licensed under chapter 18.71 or 18.57 RCW, that catheterization of the student be provided for during the hours when school is in session or the hours when the student is under the supervision of school officials;
(c) A requirement for written, current, and unexpired instructions from an advanced registered nurse practitioner or a registered nurse licensed under this chapter regarding catheterization that include (i) a designation of the school district or private school employee or employees who may provide for the catheterization, and (ii) a description of the nature and extent of any required supervision; and
(d) The nature and extent of acceptable training that shall (i) be provided by a physician, advanced registered nurse practitioner, or registered nurse licensed under chapter 18.71 or 18.57 RCW, or this chapter, and (ii) be required of school district or private school employees who provide for the catheterization of a student under this section, except that a licensed practical nurse licensed under this chapter is exempt from training.
(2) This section does not require school districts to provide intermittent bladder catheterization of students.
NEW SECTION. Sec. 430. The department, subject to chapter 34.05 RCW, the Washington Administrative Procedure Act, may adopt such reasonable rules as may be necessary to carry out the duties imposed upon it in the administration of this chapter.
NEW SECTION. Sec. 431. As of the effective date of this act, all rules, regulations, decisions, and orders of the board of nursing under chapter 18.88 RCW or the board of practical nursing under chapter 18.78 RCW continue to be in effect under the commission, until the commission acts to modify the rules, regulations, decisions, or orders.
NEW SECTION. Sec. 432. Sections 401 through 431 of this act constitute a new chapter in Title 18 RCW.
NEW SECTION. Sec. 433. The following acts or parts of acts are each repealed:
(1) RCW 18.78.005 and 1991 c 84 s 1 & 1983 c 55 s 1;
(2) RCW 18.78.010 and 1991 c 84 s 13, 1991 c 3 s 185, 1983 c 55 s 2, 1967 c 79 s 1, 1963 c 15 s 1, & 1949 c 222 s 1;
(3) RCW 18.78.020 and 1991 c 84 s 2, 1983 c 55 s 3, 1967 c 79 s 2, & 1949 c 222 s 2;
(4) RCW 18.78.030 and 1991 c 84 s 3, 1983 c 55 s 4, & 1949 c 222 s 3;
(5) RCW 18.78.040 and 1991 c 84 s 4, 1984 c 287 s 47, 1983 c 55 s 5, 1975-'76 2nd ex.s. c 34 s 45, 1967 c 188 s 4, & 1949 c 222 s 4;
(6) RCW 18.78.050 and 1991 c 84 s 5, 1988 c 211 s 4, 1986 c 259 s 129, 1983 c 55 s 6, 1979 c 158 s 64, 1967 c 79 s 3, & 1949 c 222 s 5;
(7) RCW 18.78.054 and 1987 c 150 s 49 & 1986 c 259 s 128;
(8) RCW 18.78.055 and 1991 c 84 s 6 & 1983 c 55 s 7;
(9) RCW 18.78.058 and 1987 c 150 s 50;
(10) RCW 18.78.060 and 1991 c 84 s 7, 1988 c 212 s 1, 1983 c 55 s 8, 1971 ex.s. c 292 s 26, 1963 c 15 s 2, & 1949 c 222 s 6;
(11) RCW 18.78.070 and 1986 c 259 s 130, 1983 c 55 s 9, & 1949 c 222 s 7;
(12) RCW 18.78.072 and 1988 c 211 s 3;
(13) RCW 18.78.080 and 1991 c 84 s 8, 1985 c 7 s 65, 1979 c 158 s 65, 1975 1st ex.s. c 30 s 68, 1963 c 15 s 3, & 1949 c 222 s 9;
(14) RCW 18.78.090 and 1991 c 84 s 9, 1986 c 259 s 131, 1985 c 7 s 66, 1983 c 55 s 10, 1979 c 158 s 66, 1975 1st ex.s. c 30 s 69, 1971 ex.s. c 266 s 14, 1967 c 79 s 4, 1963 c 15 s 4, & 1949 c 222 s 10;
(15) RCW 18.78.100 and 1991 c 84 s 10, 1991 c 3 s 190, 1983 c 55 s 11, 1971 c 68 s 1, & 1949 c 222 s 11;
(16) RCW 18.78.160 and 1991 c 84 s 12, 1983 c 55 s 15, & 1949 c 222 s 17;
(17) RCW 18.78.182 and 1991 c 84 s 11, 1983 c 55 s 19, 1971 c 68 s 2, & 1967 c 79 s 6;
(18) RCW 18.78.225 and 1991 c 3 s 192 & 1988 c 211 s 12;
(19) RCW 18.78.900 and 1949 c 222 s 19;
(20) RCW 18.78.901 and 1983 c 55 s 22;
(21) RCW 18.88.010 and 1973 c 133 s 1 & 1949 c 202 s 1;
(22) RCW 18.88.020 and 1973 c 133 s 2 & 1949 c 202 s 2;
(23) RCW 18.88.030 and 1991 c 3 s 213, 1989 c 114 s 1, 1979 c 158 s 69, 1973 c 133 s 3, 1961 c 288 s 1, & 1949 c 202 s 4;
(24) RCW 18.88.050 and 1989 c 114 s 2, 1973 c 133 s 4, & 1949 c 202 s 5;
(25) RCW 18.88.060 and 1973 c 133 s 5, 1961 c 288 s 3, & 1949 c 202 s 6;
(26) RCW 18.88.070 and 1989 c 114 s 3, 1973 c 133 s 6, & 1949 c 202 s 7;
(27) RCW 18.88.080 and 1991 c 3 s 214, 1988 c 211 s 8, 1984 c 287 s 50, 1977 c 75 s 12, 1975-'76 2nd ex.s. c 34 s 50, 1973 c 133 s 7, 1961 c 288 s 4, & 1949 c 202 s 8;
(28) RCW 18.88.086 and 1987 c 150 s 57 & 1986 c 259 s 135;
(29) RCW 18.88.090 and 1991 c 3 s 215, 1975-'76 2nd ex.s. c 34 s 51, 1973 c 133 s 8, 1961 c 288 s 5, & 1949 c 202 s 9;
(30) RCW 18.88.100 and 1973 c 133 s 9, 1961 c 288 s 6, & 1949 c 202 s 10;
(31) RCW 18.88.110 and 1973 c 133 s 10 & 1949 c 202 s 11;
(32) RCW 18.88.120 and 1973 c 133 s 11 & 1949 c 202 s 12;
(33) RCW 18.88.130 and 1989 c 114 s 4, 1973 c 133 s 12, 1961 s 288 s 7, & 1949 c 202 s 13;
(34) RCW 18.88.140 and 1989 c 114 s 5, 1973 c 133 s 13, 1961 c 288 s 8, & 1949 c 202 s 14;
(35) RCW 18.88.150 and 1989 c 114 s 6, 1988 c 211 s 5, 1973 c 133 s 14, 1961 c 288 s 9, & 1949 c 202 s 15;
(36) RCW 18.88.160 and 1991 c 3 s 216, 1985 c 7 s 68, 1975 1st ex.s. c 30 s 77, 1973 c 133 s 15, 1961 c 288 s 10, & 1949 c 202 s 16;
(37) RCW 18.88.170 and 1973 c 133 s 16 & 1949 c 202 s 17;
(38) RCW 18.88.175 and 1991 c 3 s 217 & 1988 c 211 s 13;
(39) RCW 18.88.190 and 1991 c 3 s 218, 1988 c 211 s 9, 1985 c 7 s 69, 1979 ex.s. c 106 s 1, 1975 1st ex.s. c 30 s 78, 1973 c 133 s 18, 1971 ex.s. c 266 s 18, 1961 c 288 s 11, & 1949 c 202 s 19;
(40) RCW 18.88.200 and 1991 c 3 s 219, 1988 c 211 s 10, 1985 c 7 s 70, 1975 1st ex.s. c 30 s 79, 1973 c 133 s 19, 1961 c 288 s 12, & 1949 c 202 s 20;
(41) RCW 18.88.220 and 1991 c 3 s 220, 1988 c 211 s 11, 1973 c 133 s 20, & 1949 c 202 s 22;
(42) RCW 18.88.270 and 1986 c 259 s 136, 1973 c 133 s 26, & 1949 c 202 s 27;
(43) RCW 18.88.280 and 1993 c 225 s 1, 1989 c 114 s 7, 1988 c 37 s 1, 1973 c 133 s 27, 1961 c 288 s 13, & 1949 c 202 s 28;
(44) RCW 18.88.285 and 1989 c 114 s 8, 1973 c 133 s 28, 1967 c 79 s 9, & 1961 c 288 s 14;
(45) RCW 18.88.290 and 1955 c 62 s 1;
(46) RCW 18.88.295 and 1988 c 48 s 1;
(47) RCW 18.88.300 and 1973 c 133 s 29;
(48) RCW 18.88.900 and 1949 c 202 s 29; and
(49) RCW 18.88A.070 and 1991 c 16 s 9, 1991 c 3 s 223, 1989 c 300 s 9, & 1988 c 267 s 9.
MENTAL HEALTH CARE
Sec. 501. RCW 18.19.070 and 1991 c 3 s 22 are each amended to read as follows:
(1) ((Within sixty days of July 26, 1987, the secretary shall have authority to appoint advisory committees to further the purposes of this chapter. Each such committee shall be composed of five members, one member initially appointed for a term of one year, two for terms of two years, and two for terms of three years. No person may serve as a member of the committee for more than two consecutive terms.)) The Washington state mental health quality assurance council is created, consisting of nine members appointed by the secretary. All appointments shall be for a term of four years. No person may serve as a member of the council for more than two consecutive full terms.
Voting members of the council must include one social worker certified under RCW 18.19.110, one mental health counselor certified under RCW 18.19.120, one marriage and family therapist certified under RCW 18.19.130, one counselor registered under RCW 18.19.090, one hypnotherapist registered under RCW 18.19.090, and two public members. Each member of the council must be a citizen of the United States and a resident of this state. Public members of the council may not be a member of any other health care licensing board or commission, or have a fiduciary obligation to a facility rendering health services regulated by the council, or have a material or financial interest in the rendering of health services regulated by the council.
The secretary may appoint the initial members of the council to staggered terms of from one to four years. Thereafter, all members shall be appointed to full four-year terms. Members of the council hold office until their successors are appointed.
The secretary may remove any member of the ((advisory committees)) council for cause as specified by rule. In the case of a vacancy, the secretary shall appoint a person to serve for the remainder of the unexpired term.
(2) The ((advisory committees)) council shall ((each)) meet at the times and places designated by the secretary and shall hold meetings during the year as necessary to provide advice to the secretary.
Each member of ((an advisory committee)) the council shall be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060. In addition, members of the ((committees)) council shall be compensated in accordance with RCW 43.03.240 when engaged in the authorized business of ((their committee.
(3) Members of an advisory committee shall be residents of this state. Each committee shall be composed of four individuals registered or certified in the category designated by the committee title, and one member who is a member of the public)) the council. The members of the council are immune from suit in an action, civil or criminal, based on their official acts performed in good faith as members of the council.
ACUPUNCTURE
Sec. 502. RCW 4.24.240 and 1985 c 326 s 25 are each amended to read as follows:
(1)(a) A person licensed by this state to provide health care or related services, including, but not limited to, a ((certified)) licensed acupuncturist, a physician, osteopathic physician, dentist, nurse, optometrist, ((podiatrist)) podiatric physician and surgeon, chiropractor, physical therapist, psychologist, pharmacist, optician, physician's assistant, osteopathic physician's assistant, nurse practitioner, including, in the event such person is deceased, his or her estate or personal representative;
(b) An employee or agent of a person described in subparagraph (a) of this subsection, acting in the course and scope of his or her employment, including, in the event such employee or agent is deceased, his or her estate or personal representative; or
(c) An entity, whether or not incorporated, facility, or institution employing one or more persons described in subparagraph (a) of this subsection, including, but not limited to, a hospital, clinic, health maintenance organization, or nursing home; or an officer, director, trustee, employee, or agent thereof acting in the course and scope of his or her employment, including in the event such officer, director, employee, or agent is deceased, his or her estate or personal representative;
shall be immune from civil action for damages arising out of the good faith performance of their duties on such committees, where such actions are being brought by or on behalf of the person who is being evaluated.
(2) No member, employee, staff person, or investigator of a professional review committee shall be liable in a civil action as a result of acts or omissions made in good faith on behalf of the committee; nor shall any person be so liable for filing charges with or supplying information or testimony in good faith to any professional review committee; nor shall a member, employee, staff person, or investigator of a professional society, of a professional examining or licensing board, of a professional disciplinary board, of a governing board of any institution, or of any employer of professionals be so liable for good faith acts or omissions made in full or partial reliance on recommendations or decisions of a professional review committee or examining board.
Sec. 503. RCW 7.70.020 and 1985 c 326 s 27 are each amended to read as follows:
As used in this chapter "health care provider" means either:
(1) A person licensed by this state to provide health care or related services, including, but not limited to, a ((certified)) licensed acupuncturist, a physician, osteopathic physician, dentist, nurse, optometrist, ((podiatrist)) podiatric physician and surgeon, chiropractor, physical therapist, psychologist, pharmacist, optician, physician's assistant, midwife, osteopathic physician's assistant, nurse practitioner, or physician's trained mobile intensive care paramedic, including, in the event such person is deceased, his or her estate or personal representative;
(2) An employee or agent of a person described in part (1) above, acting in the course and scope of his employment, including, in the event such employee or agent is deceased, his or her estate or personal representative; or
(3) An entity, whether or not incorporated, facility, or institution employing one or more persons described in part (1) above, including, but not limited to, a hospital, clinic, health maintenance organization, or nursing home; or an officer, director, employee, or agent thereof acting in the course and scope of his or her employment, including in the event such officer, director, employee, or agent is deceased, his or her estate or personal representative.
Sec. 504. RCW 18.06.010 and 1992 c 110 s 1 are each amended to read as follows:
The following terms in this chapter shall have the meanings set forth in this section unless the context clearly indicates otherwise:
(1) "Acupuncture" means a health care service based on ((a traditional)) an Oriental system of medical theory utilizing Oriental diagnosis and treatment to promote health and treat organic or functional disorders by treating specific acupuncture points or meridians. Acupuncture includes ((but is not necessarily limited to)) the following techniques:
(a) Use of acupuncture needles to stimulate acupuncture points and meridians;
(b) Use of electrical, mechanical, or magnetic devices to stimulate acupuncture points and meridians;
(c) Moxibustion;
(d) Acupressure;
(e) Cupping;
(f) Dermal friction technique;
(g) Infra-red;
(h) Sonopuncture;
(i) Laserpuncture;
(j) ((Dietary advice based on traditional Oriental medical theory; and
(k))) Point injection therapy (aquapuncture); and
(k) Dietary advice based on Oriental medical theory provided in conjunction with techniques under (a) through (j) of this subsection.
(2) "Acupuncturist" means a person ((certified)) licensed under this chapter.
(3) "Department" means the department of health.
(4) "Secretary" means the secretary of health or the secretary's designee.
Sec. 505. RCW 18.06.020 and 1991 c 3 s 5 are each amended to read as follows:
(1) No one may hold themselves out to the public as an acupuncturist or ((certified)) licensed acupuncturist or any derivative thereof which is intended to or is likely to lead the public to believe such a person is an acupuncturist or ((certified)) licensed acupuncturist unless ((certified)) licensed as provided for in this chapter.
(2) A person may not practice acupuncture if the person is not licensed under this chapter.
(3) No one may use any configuration of letters after their name (including Ac.) which indicates a degree or formal training in acupuncture unless ((certified)) licensed as provided for in this chapter.
(((3))) (4) The secretary may by rule proscribe or regulate advertising and other forms of patient solicitation which are likely to mislead or deceive the public as to whether someone is ((certified)) licensed under this chapter.
Sec. 506. RCW 18.06.045 and 1992 c 110 s 2 are each amended to read as follows:
Nothing in this chapter shall be construed to prohibit or restrict:
(1) The practice (([by an individual] licensed, certified, or registered)) by an individual credentialed under the laws of this state and performing services within such individual's authorized scope of practice. Health professions authorized to perform acupuncture under other chapters of state law may follow recommended guidelines developed by the acupuncture advisory committee to assist in determining the level of training sufficient to allow for the provision of safe acupuncture services;
(2) The practice by an individual employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States;
(3) The practice by a person who is a regular student in an educational program approved by the secretary, and whose performance of services is pursuant to a regular course of instruction or assignments from an instructor and under the general supervision of the instructor;
(4) The practice of acupuncture by any person ((licensed or certified)) credentialed to perform acupuncture in any other jurisdiction where such person is doing so in the course of regular instruction of a school of acupuncture approved by the secretary or in an educational seminar by a professional organization of acupuncture, provided that in the latter case, the practice is supervised directly by a person ((certified pursuant to)) licensed under this chapter or licensed under any other healing art whose scope of practice includes acupuncture.
Sec. 507. RCW 18.06.080 and 1992 c 110 s 3 are each amended to read as follows:
(1) The secretary is hereby authorized and empowered to execute the provisions of this chapter and shall offer examinations in acupuncture at least twice a year at such times and places as the secretary may select. The examination shall be a written examination and may include a practical examination.
(2) The secretary shall develop or approve a ((certification)) licensure examination in the subjects that the secretary determines are within the scope of and commensurate with the work performed by ((certified)) licensed acupuncturists and shall include but not necessarily be limited to anatomy, physiology, microbiology, biochemistry, pathology, hygiene, and acupuncture. All application papers shall be deposited with the secretary and there retained for at least one year, when they may be destroyed.
(3) If the examination is successfully passed, the secretary shall confer on such candidate the title of ((Certified)) Licensed Acupuncturist.
Sec. 508. RCW 18.06.090 and 1985 c 326 s 9 are each amended to read as follows:
Before ((certification)) licensure, each applicant shall demonstrate sufficient fluency in reading, speaking, and understanding the English language to enable the applicant to communicate with other health care providers and patients concerning health care problems and treatment.
Sec. 509. RCW 18.06.110 and 1991 c 3 s 11 are each amended to read as follows:
The uniform disciplinary act, chapter 18.130 RCW, governs uncertified practice, the issuance and denial of ((certificates)) licenses, and the disciplining of ((certificate)) license holders under this chapter. The secretary shall be the disciplining authority under this chapter.
Sec. 510. RCW 18.06.120 and 1992 c 110 s 4 are each amended to read as follows:
(1) Every person ((certified)) licensed in acupuncture shall register with the secretary annually and pay an annual renewal ((registration)) fee determined by the secretary as provided in RCW 43.70.250 on or before the ((certificate)) license holder's birth anniversary date. The ((certificate)) license of the person shall be renewed for a period of one year or longer in the discretion of the secretary. A person whose practice is exclusively out-of-state or who is on sabbatical shall be granted an inactive ((certification)) licensure status and pay a reduced ((registration)) fee. The reduced fee shall be set by the secretary under RCW 43.70.250.
(2) Any failure to register and pay the annual renewal ((registration)) fee shall render the ((certificate)) license invalid. The ((certificate)) license shall be reinstated upon: (a) Written application to the secretary; (b) payment to the state of a penalty fee determined by the secretary as provided in RCW 43.70.250; and (c) payment to the state of all delinquent annual ((certificate)) license renewal fees.
(3) Any person who fails to renew his or her ((certification)) license for a period of three years shall not be entitled to renew ((such certification)) the licensure under this section. Such person, in order to obtain a ((certification)) licensure in acupuncture in this state, shall file a new application under this chapter, along with the required fee, and shall meet examination or continuing education requirements as the secretary, by rule, provides.
(4) All fees collected under this section and RCW 18.06.070 shall be credited to the health professions account as required under RCW 43.70.320.
Sec. 511. RCW 18.06.130 and 1991 c 3 s 13 are each amended to read as follows:
The secretary shall develop a form to be used by an acupuncturist to inform the patient of the acupuncturist's scope of practice and qualifications. All ((certificate)) license holders shall bring the form to the attention of the patients in whatever manner the secretary, by rule, provides.
Sec. 512. RCW 18.06.140 and 1991 c 3 s 14 are each amended to read as follows:
Every ((certified)) licensed acupuncturist shall develop a written plan for consultation, emergency transfer, and referral to other health care practitioners operating within the scope of their authorized practices. The written plan shall be submitted with the initial application for ((certification)) licensure as well as annually thereafter with the ((certificate)) license renewal fee to the department. The department may withhold ((certification)) licensure or renewal of ((certification)) licensure if the plan fails to meet the standards contained in rules ((promulgated)) adopted by the secretary.
When the acupuncturist sees patients with potentially serious disorders such as cardiac conditions, acute abdominal symptoms, and such other conditions, the acupuncturist shall immediately request a consultation or recent written diagnosis from a physician licensed under chapter 18.71 or 18.57 RCW. In the event that the patient with the disorder refuses to authorize such consultation or provide a recent diagnosis from such physician, acupuncture treatment shall not be continued.
Sec. 513. RCW 18.06.190 and 1991 c 3 s 18 are each amended to read as follows:
The secretary may ((certify)) license a person without examination if such person is ((licensed or certified)) credentialed as an acupuncturist in another jurisdiction if, in the secretary's judgment, the requirements of that jurisdiction are equivalent to or greater than those of Washington state.
Sec. 514. RCW 18.06.200 and 1985 c 326 s 20 are each amended to read as follows:
Nothing in this chapter may be construed to require that individual or group policies or contracts of an insurance carrier, health care service contractor, or health maintenance organization provide benefits or coverage for services and supplies provided by a person ((registered or certified)) licensed under this chapter.
NEW SECTION. Sec. 515. RCW 18.06.170 and 1991 c 3 s 16 & 1985 c 326 s 17 are each repealed.
OCULARISTS
Sec. 516. RCW 18.55.020 and 1991 c 180 s 2 are each amended to read as follows:
The terms defined in this section shall have the meaning ascribed to them wherever appearing in this chapter, unless a different meaning is specifically used to such term in such statute.
(1) "Department" means the department of health.
(2) "Secretary" means the secretary of health.
(3) "Ocularist" means a person licensed under this chapter.
(4) (("Advisory committee" means the state ocularist advisory committee.
(5))) "Apprentice" means a person designated an apprentice in the records of the secretary to receive from a licensed ocularist training and direct supervision in the work of an ocularist.
(((6))) (5) "Stock-eye" means an ocular stock prosthesis that has not been originally manufactured or altered by the ocularist or service provider selling or fitting, or both, said prosthesis to a patient or customer. "Altered" means either taking away or adding materials, or colorization, or otherwise changing the prosthesis' appearance, function, or fit in the socket or on the implant of the patient or customer.
(((7))) (6) "Modified stock-eye" means a stock-eye((, as defined in subsection (6) of this section,)) that has been altered in some manner by the ocularist or service provider selling or fitting, or both, said prosthesis to a patient or customer. "Altered" is as defined in subsection (((6))) (5) of this section. A modified stock-eye cannot be defined as either a "custom" or "impression-fitted" eye or prosthesis by adding material that incorporates an impression-surface of the patient or customer socket or implant surfaces.
(((8))) (7) "Custom-eye" means an original, newly manufactured eye or prosthesis that has been specifically crafted by an ocularist or authorized service provider for the patient or customer to whom it is sold or provided. The "custom-eye" may be either an impression-fitted eye (an impression of the socket or implant surfaces) or an empirical/wax pattern-fitted method eye, or a combination of either, as delineated in the ocularist examination.
RADIOLOGIC TECHNOLOGISTS
Sec. 517. RCW 18.84.020 and 1991 c 222 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Department" means the department of health.
(2) "Secretary" means the secretary of health.
(3) "Licensed practitioner" means any licensed health care practitioner performing services within the person's authorized scope of practice.
(4) "Radiologic technologist" means an individual certified under this chapter, other than a licensed practitioner, who practices radiologic technology as a:
(a) Diagnostic radiologic technologist, who is a person who actually handles x-ray equipment in the process of applying radiation on a human being for diagnostic purposes at the direction of a licensed practitioner; or
(b) Therapeutic radiologic technologist, who is a person who uses radiation-generating equipment for therapeutic purposes on human subjects at the direction of a licensed practitioner; or
(c) Nuclear medicine technologist, who is a person who prepares radiopharmaceuticals and administers them to human beings for diagnostic and therapeutic purposes and who performs in vivo and in vitro detection and measurement of radioactivity for medical purposes at the direction of a licensed practitioner.
(5) (("Advisory committee" means the Washington state radiologic technology advisory committee.
(6))) "Approved school of radiologic technology" means a school of radiologic technology approved by the council on medical education of the American medical association or a school found to maintain the equivalent of such a course of study as determined by the department. Such school may be operated by a medical or educational institution, and for the purpose of providing the requisite clinical experience, shall be affiliated with one or more general hospitals.
(((7))) (6) "Radiologic technology" means the use of ionizing radiation upon a human being for diagnostic or therapeutic purposes.
(((8))) (7) "Radiologist" means a physician certified by the American board of radiology or the American osteopathic board of radiology.
(((9))) (8) "Registered x-ray technician" means a person who is registered with the department, and who applies ionizing radiation at the direction of a licensed practitioner.
Sec. 518. RCW 18.84.040 and 1991 c 222 s 11 are each amended to read as follows:
(1) In addition to any other authority provided by law, the secretary may ((in consultation with the advisory committee)):
(a) Adopt rules, in accordance with chapter 34.05 RCW, necessary to implement this chapter;
(b) Set all registration, certification, and renewal fees in accordance with RCW 43.70.250;
(c) Establish forms and procedures necessary to administer this chapter;
(d) Evaluate and designate those schools from which graduation will be accepted as proof of an applicant's eligibility to receive a certificate;
(e) Determine whether alternative methods of training are equivalent to formal education, and to establish forms, procedures, and criteria for evaluation of an applicant's alternative training to determine the applicant's eligibility to receive a certificate;
(f) Issue a certificate to any applicant who has met the education, training, and conduct requirements for certification; and
(g) Issue a registration to an applicant who meets the requirement for a registration.
(2) The secretary may hire clerical, administrative, and investigative staff as needed to implement this chapter.
(3) The Uniform Disciplinary Act, chapter 18.130 RCW, governs the issuance and denial of registrations and certifications, unregistered and uncertified practice, and the discipline of registrants and certificants under this chapter. The secretary is the disciplining authority under this chapter.
(4) The secretary may appoint ad hoc members of the profession to serve in an ad hoc advisory capacity to the secretary in carrying out this chapter. The members will serve for designated times and provide advice on matters specifically identified and requested by the secretary. The members shall be compensated in accordance with RCW 43.03.220 and reimbursed for travel expenses under RCW 43.03.040 and 43.03.060.
Sec. 519. RCW 18.84.070 and 1991 c 3 s 208 are each amended to read as follows:
The secretary, ad hoc committee members ((of the committee)), or individuals acting on their behalf are immune from suit in any civil action based on any certification or disciplinary proceedings or other official acts performed in the course of their duties.
Sec. 520. RCW 18.84.090 and 1991 c 3 s 210 are each amended to read as follows:
The secretary((, in consultation with the advisory committee,)) shall establish by rule the standards and procedures for approval of schools and alternate training, and may contract with individuals or organizations having expertise in the profession or in education to assist in evaluating those applying for approval. The standards and procedures set shall apply equally to schools and training within the United States and those in foreign jurisdictions.
Sec. 521. RCW 18.84.110 and 1991 c 3 s 212 are each amended to read as follows:
The secretary((, in consultation with the advisory committee,)) shall establish by rule the requirements and fees for renewal of certificates. Failure to renew invalidates the certificate and all privileges granted by the certificate. In the event a certificate has lapsed for a period longer than three years, the certificant shall demonstrate competence to the satisfaction of the secretary by continuing education or under the other standards determined by the secretary.
NEW SECTION. Sec. 522. RCW 18.84.060 and 1991 c 3 s 207 & 1987 c 412 s 7 are each repealed.
RESPIRATORY CARE PRACTITIONERS
Sec. 523. RCW 18.89.020 and 1991 c 3 s 227 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) (("Advisory committee" means the Washington state advisory respiratory care committee.
(2))) "Department" means the department of health.
(((3))) (2) "Secretary" means the secretary of health or the secretary's designee.
(((4))) (3) "Respiratory care practitioner" means an individual certified under this chapter.
(((5))) (4) "Physician" means an individual licensed under chapter 18.57 or 18.71 RCW.
(((6))) (5) "Rural hospital" means a hospital located anywhere in the state except the following areas:
(a) The entire counties of Snohomish (including Camano Island), King, Kitsap, Pierce, Thurston, Clark, and Spokane;
(b) Areas within a twenty-mile radius of an urban area with a population exceeding thirty thousand persons; and
(c) Those cities or city-clusters located in rural counties but which for all practical purposes are urban. These areas are Bellingham, Aberdeen-Hoquiam, Longview-Kelso, Wenatchee, Yakima, Sunnyside, Richland-Kennewick-Pasco, and Walla Walla.
Sec. 524. RCW 18.89.050 and 1991 c 3 s 228 are each amended to read as follows:
(1) In addition to any other authority provided by law, the secretary((, in consultation with the advisory committee,)) may:
(a) Adopt rules, in accordance with chapter 34.05 RCW, necessary to implement this chapter;
(b) Set all certification, examination, and renewal fees in accordance with RCW 43.70.250;
(c) Establish forms and procedures necessary to administer this chapter;
(d) Issue a certificate to any applicant who has met the education, training, and examination requirements for certification;
(e) Hire clerical, administrative, and investigative staff as needed to implement this chapter and hire individuals certified under this chapter to serve as examiners for any practical examinations;
(f) Approve those schools from which graduation will be accepted as proof of an applicant's eligibility to take the certification examination;
(g) Prepare, grade, and administer, or determine the nature of, and supervise the grading and administration of, examinations for applicants for certification;
(h) Determine whether alternative methods of training are equivalent to formal education and establish forms, procedures, and criteria for evaluation of an applicant's alternative training to determine the applicant's eligibility to take the examination;
(i) Determine which states have legal credentialing requirements equivalent to those of this state and issue certificates to individuals legally credentialed in those states without examination; ((and))
(j) Define and approve any experience requirement for certification; and
(k) Appoint members of the profession to serve in an ad hoc advisory capacity to the secretary in carrying out this chapter. The members will serve for designated times and provide advice on matters specifically identified and requested by the secretary. The members shall be compensated in accordance with RCW 43.03.220 and reimbursed for travel expenses under RCW 43.03.040 and 43.03.060.
(2) The provisions of chapter 18.130 RCW shall govern the issuance and denial of certificates, uncertified practice, and the disciplining of persons certified under this chapter. The secretary shall be the disciplining authority under this chapter.
Sec. 525. RCW 18.89.080 and 1991 c 3 s 231 are each amended to read as follows:
The secretary, ad hoc committee members ((of the advisory committee)), or individuals acting on their behalf are immune from suit in any civil action based on any certification or disciplinary proceedings, or other official acts performed in the course of their duties.
NEW SECTION. Sec. 526. RCW 18.89.070 and 1991 c 3 s 230 & 1987 c 415 s 8 are each repealed.
HEALTH CARE ASSISTANTS
Sec. 527. RCW 18.135.030 and 1991 c 3 s 273 are each amended to read as follows:
The secretary((,)) or the secretary's designee, with the advice of designees of the ((board of)) medical ((examiners)) care quality assurance commission, the board of osteopathic medicine and surgery, the ((podiatry)) podiatric medical board, and the ((board of)) nursing care quality assurance commission, shall adopt rules necessary to administer, implement, and enforce this chapter and establish the minimum requirements necessary for a health care facility or health care practitioner to certify a health care assistant capable of performing the functions authorized in this chapter. The rules shall establish minimum requirements for each and every category of health care assistant. Said rules shall be adopted after fair consideration of input from representatives of each category. These requirements shall ensure that the public health and welfare are protected and shall include, but not be limited to, the following factors:
(1) The education and occupational qualifications for the health care assistant category;
(2) The work experience for the health care assistant category;
(3) The instruction and training provided for the health care assistant category; and
(4) The types of drugs or diagnostic agents which may be administered by injection by health care assistants working in a hospital or nursing home. The rules established pursuant to this subsection shall not prohibit health care assistants working in a health care facility other than a nursing home or hospital from performing the functions authorized under this chapter.
DIETITIANS AND NUTRITIONISTS
Sec. 528. RCW 18.138.070 and 1991 c 3 s 284 are each amended to read as follows:
In addition to any other authority provided by law, the secretary may:
(1) Adopt rules in accordance with chapter 34.05 RCW necessary to implement this chapter;
(2) Establish forms necessary to administer this chapter;
(3) Issue a certificate to an applicant who has met the requirements for certification and deny a certificate to an applicant who does not meet the minimum qualifications;
(4) Hire clerical, administrative, and investigative staff as needed to implement and administer this chapter and hire individuals, including those certified under this chapter, to serve as consultants as necessary to implement and administer this chapter;
(5) Maintain the official departmental record of all applicants and certificate holders;
(6) Conduct a hearing, pursuant to chapter 34.05 RCW, on an appeal of a denial of certification based on the applicant's failure to meet the minimum qualifications for certification;
(7) Investigate alleged violations of this chapter and consumer complaints involving the practice of persons representing themselves as certified dietitians or certified nutritionists;
(8) Issue subpoenas, statements of charges, statements of intent to deny certifications, and orders and delegate in writing to a designee the authority to issue subpoenas, statements of charges, and statements on intent to deny certifications;
(9) Conduct disciplinary proceedings, impose sanctions, and assess fines for violations of this chapter or any rules adopted under it in accordance with chapter 34.05 RCW;
(10) Set all certification, renewal, and late renewal fees in accordance with RCW 43.70.250; ((and))
(11) Set certification expiration dates and renewal periods for all certifications under this chapter; and
(12) Appoint members of the profession to serve in an ad hoc advisory capacity to the secretary in carrying out this chapter. The members will serve for designated time and provide advice on matters specifically identified and requested by the secretary. The members shall be compensated in accordance with RCW 43.03.220 and reimbursed for travel expenses under RCW 43.03.040 and 43.03.060. The secretary, ad hoc committee members, or individuals acting in their behalf are immune from suit in a civil action based on any certification or disciplinary proceedings or other official acts performed in the course of their duties.
NEW SECTION. Sec. 529. The secretary shall appoint a health professions advisory committee consisting of one member from each profession represented by an ad hoc advisory committee established under RCW 18.06.080, 18.84.040, 18.89.050, and 18.138.070, and one member of the health assistants profession as regulated under chapter 18.135 RCW, one member of the ocularists profession as regulated under chapter 18.55 RCW, and one member of the nursing assistants profession as regulated under chapter 18.88A RCW. The members shall serve three-year terms. Of the initial members, two shall be appointed for a one-year term, two shall be appointed for a two-year term, and the remainder shall be appointed for three-year terms. Thereafter, members shall be appointed for three-year terms. The committee shall advise the secretary in matters concerning changes in the professions, health care technologies, and health policies as requested by the secretary or initiated by the committee. The committee members shall be eligible to receive travel expenses under RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 530. RCW 18.138.080 and 1991 c 3 s 285 & 1988 c 277 s 8 are each repealed.
ATHLETIC TRAINERS
NEW SECTION. Sec. 601. SHORT TITLE. This chapter may be known and cited as the Washington Athletic Trainer's Act.
NEW SECTION. Sec. 602. LEGISLATIVE INTENT. The legislature finds it necessary to regulate the practice of athletic training at the level of certification in order to establish professional standards of competence and conduct which assures the public health and safety.
NEW SECTION. Sec. 603. DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Athlete" means a person involved in sports or athletics in an interscholastic, collegiate, amateur, recreational, or professional setting.
(2) "Athletic injury" means an injury sustained by a person as a result of that person's participation in sports, games, recreation, exercise, or skill activities utilizing physical strength, flexibility, agility, range of motion, speed, or stamina.
(3) "Athletic trainer" means a sports injury specialist who practices athletic training as defined in this chapter under the direction of an authorized health care practitioner through the prevention, recognition, evaluation, management, disposition, treatment, or rehabilitation of athletic injuries.
(4) "Athletic training" means the practice of prevention, recognition, evaluation, management, disposition, treatment, rehabilitation, physical conditioning, or physical reconditioning of athletic injuries under the direction of an authorized health care practitioner and including the use of physical modalities defined in this chapter.
(5) "Authorized health care practitioner" means physicians, osteopathic physicians, naturopaths, podiatric physicians and surgeons, dentists, and, in clinical settings, physical therapists and occupational therapists.
(6) "Department" means the department of health.
(7) "Physical modalities" means the use of physical, chemical, electrical, and other noninvasive modalities including, but not limited to heat, cold, air, light, water in any of its forms, sound, massage, and therapeutic exercise.
(8) "Secretary" means the secretary of health or the secretary's designee.
NEW SECTION. Sec. 604. CERTIFICATION. No person may represent oneself as a certified athletic trainer nor use any title or description of services that includes the words certified athletic trainer or training without applying for certification, meeting the required qualifications specified in this chapter, and being certified by the department.
NEW SECTION. Sec. 605. QUALIFICATIONS FOR CERTIFICATION. (1) The secretary shall issue a certificate to any applicant who demonstrates to the secretary's satisfaction that the following requirements have been met:
(a) The applicant is at least eighteen years of age;
(b) The applicant has graduated with a baccalaureate or post graduate degree from an educational program with an athletic training curriculum or an approved internship recognized by national athletic training accrediting organizations and approved by the secretary;
(c) The applicant has successfully completed an approved examination. The examination must test the applicant's knowledge of the basic and clinical sciences relative to athletic training theory and practice, including professional skills and judgment in the utilization of techniques and methods; and
(d) The applicant has paid any required fee.
(2) The secretary shall establish by rule what constitutes adequate proof of meeting the requirements in subsection (1) of this section.
(3) Applicants are subject to the grounds for denial of a certificate or issuance of a conditional certificate under chapter 18.130 RCW.
NEW SECTION. Sec. 606. APPROVAL OF EDUCATIONAL PROGRAMS. The secretary shall establish by rule the standards and procedures for approval of educational programs in athletic training. The secretary may utilize or contract with individuals or organizations having expertise in the profession or in education to assist in the evaluations. The secretary must establish by rule the standards and procedures for revocation of approval of education programs. The standards and procedures set must apply equally to educational programs in the United States and in foreign jurisdictions. The secretary may establish a fee for educational program evaluations.
NEW SECTION. Sec. 607. EXAMINATIONS. (1) The secretary shall establish the date and location of examinations. Applicants who have been found by the secretary to meet the other requirements for certification must be scheduled for the next examination following the filing of the application. The secretary shall establish by rule the examination application deadline.
(2) The secretary or the secretary's designees shall examine each applicant, by means determined most effective, on subjects appropriate to the scope of practice, as applicable. The examinations must be limited to the purpose of determining whether the applicant possesses the minimum skill and knowledge necessary to practice competently.
(3) The examination papers, all grading of the papers, and the grading of any practical work must be preserved for a period of not less than one year after the secretary has made and published the decisions. All examinations must be conducted under fair and wholly impartial methods.
(4) Any applicant failing to make the required grade in the first examination may take up to three subsequent examinations as the applicant desires upon prepaying a fee determined by the secretary under RCW 43.70.250 for each subsequent examination. Upon failing four examinations, the secretary may invalidate the original application and require remedial education before the person may take future examinations.
(5) The secretary may approve an examination prepared or administered by a private testing agency or association of licensing agencies for use by an applicant in meeting the credentialing requirements.
NEW SECTION. Sec. 608. APPLICATIONS. Applications for credentialing must be submitted on forms provided by the secretary. The secretary may require any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria for credentialing provided for in this chapter and chapter 18.130 RCW. Each applicant must pay a fee determined by the secretary under RCW 43.70.250. The fee must accompany the application.
NEW SECTION. Sec. 609. WAIVER OF EXAMINATION FOR INITIAL APPLICATIONS. The secretary shall waive the examination and credential a person authorized to practice within the state of Washington if the secretary determines that the person meets commonly accepted standards of education and experience for the profession. This section applies only to those individuals who file an application for waiver within one year of the establishment of the authorized practice.
NEW SECTION. Sec. 610. POWERS OF SECRETARY. In addition to any other authority provided by law, the secretary may:
(1) Adopt rules under chapter 34.05 RCW necessary to implement this chapter;
(2) Establish all credentialing, examination, and renewal fees in accordance with RCW 43.70.250;
(3) Establish forms and procedures necessary to administer this chapter;
(4) Register any applicants, and to issue certificates to applicants who have met the education, training, and examination requirements for certification and to deny a credential to applicants who do not meet the minimum qualifications, except that proceedings concerning the denial of certification based upon unprofessional conduct or impairment shall be governed by the uniform disciplinary act, chapter 18.130 RCW;
(5) Hire clerical, administrative, investigative, and other staff as needed to implement this chapter, and hire individuals certified under this chapter to serve as examiners for any practical examinations;
(6) Determine minimum education requirements and evaluate and designate those educational programs from which graduation will be accepted as proof of eligibility to take a qualifying examination for applicants for certification;
(7) Prepare, grade, and administer, or determine the nature of, and supervise the grading and administration of, examinations for applicants for certification;
(8) Determine whether alternative methods of training are equivalent to formal education, and establish forms, procedures, and criteria for evaluation of an applicant's alternative training to determine the applicant's eligibility to take any qualifying examination;
(9) Determine which states have certification requirements equivalent to those of this state, and issue certification to individuals credentialed in those states without examinations;
(10) Define and approve any experience requirement for certification;
(11) Implement and administer a program for consumer education;
(12) Adopt rules implementing a continuing competency program;
(13) Maintain the official department record of all applicants and persons credentialed under this chapter; and
(14) Establish by rule the procedures for an appeal of an examination failure.
The secretary shall consult with representative athletic trainer organizations in implementing this chapter and in the adoption of any rules. The consultation may take the form of an ad hoc committee.
NEW SECTION. Sec. 611. RECORD OF PROCEEDINGS. The secretary must keep an official record of all proceedings. A part of the record must consist of a register of all applicants for credentialing under this chapter and the results of each application.
NEW SECTION. Sec. 612. ENDORSEMENT. An applicant holding a credential in another state may be credentialed to practice in this state without examination if the secretary determines that the other state's credentialing standards are substantially equivalent to the standards in this state.
NEW SECTION. Sec. 613. RENEWALS. The secretary shall establish by rule the procedural requirements and fees for renewal of a credential. Failure to renew shall invalidate the credential and all privileges granted by the credential. If a certificate has lapsed for a period longer than three years, the person shall demonstrate competence to the satisfaction of the secretary by taking continuing education courses, or meeting other standards determined by the secretary.
NEW SECTION. Sec. 614. APPLICATION OF UNIFORM DISCIPLINARY ACT. The Uniform Disciplinary Act, chapter 18.130 RCW, governs the issuance and denial of certification, uncertified and unauthorized practice, and the discipline of persons certified under this chapter. The secretary shall be the disciplining authority under this chapter.
NEW SECTION. Sec. 615. (1) The provisions of this chapter relating to the regulating of athletic trainers are exclusive. A governmental subdivision of this state may not enact a law or rule regulating athletic trainers, except as provided in subsections (2) and (3) of this section.
(2) This section does not prevent a political subdivision of this state from levying a business fee, business and occupation tax, or other tax upon athletic trainers, if the fee or tax is levied by the state on other types of businesses within its boundaries.
(3) This section does not prevent this state or a political subdivision of this state from regulating athletic trainers with respect to activities that are not regulated under this chapter.
Sec. 616. RCW 7.70.020 and 1985 c 326 s 27 are each amended to read as follows:
INFORMED CONSENT. As used in this chapter "health care provider" means either:
(1) A person licensed by this state to provide health care or related services, including, but not limited to, a certified acupuncturist, a physician, osteopathic physician, dentist, nurse, optometrist, ((podiatrist)) podiatric physician and surgeon, chiropractor, physical therapist, psychologist, pharmacist, optician, physician's assistant, midwife, osteopathic physician's assistant, nurse practitioner, ((or)) physician's trained mobile intensive care paramedic, or athletic trainer, including, in the event such person is deceased, his estate or personal representative;
(2) An employee or agent of a person described in part (1) above, acting in the course and scope of his employment, including, in the event such employee or agent is deceased, his estate or personal representative; or
(3) An entity, whether or not incorporated, facility, or institution employing one or more persons described in part (1) above, including, but not limited to, a hospital, clinic, health maintenance organization, or nursing home; or an officer, director, employee, or agent thereof acting in the course and scope of his employment, including in the event such officer, director, employee, or agent is deceased, his estate or personal representative.
NEW SECTION. Sec. 617. Sections 601 through 615 of this act shall constitute a new chapter in Title 18 RCW.
UNIFORM DISCIPLINARY ACT
Sec. 701. RCW 18.130.010 and 1991 c 332 s 1 are each amended to read as follows:
It is the intent of the legislature to strengthen and consolidate disciplinary and licensure procedures for the licensed health and health-related professions and businesses by providing a uniform disciplinary act with standardized procedures for the licensure of health care professionals and the enforcement of laws the purpose of which is to assure the public of the adequacy of professional competence and conduct in the healing arts.
It is also the intent of the legislature that all health and health-related professions newly credentialed by the state come under the Uniform Disciplinary Act.
Further, the legislature declares that the addition of public members on all health care commissions and boards can give both the state and the public, which it has a statutory responsibility to protect, assurances of accountability and confidence in the various practices of health care.
Sec. 702. RCW 18.130.020 and 1989 1st ex.s. c 9 s 312 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Disciplining authority" means (((a) the board of medical examiners, the board of dental examiners, and the board of chiropractic examiners with respect to applicants for a license for the respective professions, (b) the medical disciplinary board, the dental disciplinary board, and the chiropractic disciplinary board with respect to holders of licenses for the respective professions, or (c))) the agency ((or)), board, or commission having the authority to take disciplinary action against a holder of, or applicant for, a professional or business license upon a finding of a violation of this chapter or a chapter specified under RCW 18.130.040.
(2) "Department" means the department of health.
(3) "Secretary" means the secretary of health or the secretary's designee.
(4) "Board" means any of those boards specified in RCW 18.130.040.
(5) "Commission" means any of the commissions specified in RCW 18.130.040.
(6) "Unlicensed practice" means:
(a) Practicing a profession or operating a business identified in RCW 18.130.040 without holding a valid, unexpired, unrevoked, and unsuspended license to do so; or
(b) Representing to a consumer, through offerings, advertisements, or use of a professional title or designation, that the individual is qualified to practice a profession or operate a business identified in RCW 18.130.040, without holding a valid, unexpired, unrevoked, and unsuspended license to do so.
(((6))) (7) "Disciplinary action" means sanctions identified in RCW 18.130.160.
(((7))) (8) "Practice review" means an investigative audit of records related to the complaint, without prior identification of specific patient or consumer names, to determine whether unprofessional conduct may have been committed.
(((8))) (9) "Health agency" means city and county health departments and the department of health.
(((9))) (10) "License," "licensing," and "licensure" shall be deemed equivalent to the terms "license," "licensing," "licensure," "certificate," "certification," and "registration" as those terms are defined in RCW 18.120.020.
Sec. 703. RCW 18.130.040 and 1993 c 367 s 4 are each amended to read as follows:
(1) This chapter applies only to the secretary and the boards and commissions having jurisdiction in relation to the professions licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section.
(2)(a) The secretary has authority under this chapter in relation to the following professions:
(i) Dispensing opticians licensed under chapter 18.34 RCW;
(ii) Naturopaths licensed under chapter 18.36A RCW;
(iii) Midwives licensed under chapter 18.50 RCW;
(iv) Ocularists licensed under chapter 18.55 RCW;
(v) Massage operators and businesses licensed under chapter 18.108 RCW;
(vi) Dental hygienists licensed under chapter 18.29 RCW;
(vii) Acupuncturists ((certified)) licensed under chapter 18.06 RCW;
(viii) Radiologic technologists certified and x-ray technicians registered under chapter 18.84 RCW;
(ix) Respiratory care practitioners certified under chapter 18.89 RCW;
(x) Persons registered or certified under chapter 18.19 RCW;
(xi) Persons registered as nursing pool operators under chapter 18.52C RCW;
(xii) Nursing assistants registered or certified under chapter ((18.88A)) 18.-- (sections 401 through 431 of this act) RCW;
(xiii) Health care assistants certified under chapter 18.135 RCW;
(xiv) Dietitians and nutritionists certified under chapter 18.138 RCW;
(xv) Sex offender treatment providers certified under chapter 18.155 RCW; ((and))
(xvi) Persons licensed and certified under chapter 18.73 RCW or RCW 18.71.205; and
(xvii) Athletic trainers certified under chapter 18.-- RCW (sections 601 through 615 of this act).
(b) The boards and commissions having authority under this chapter are as follows:
(i) The podiatric medical board as established in chapter 18.22 RCW;
(ii) The chiropractic ((disciplinary board)) quality assurance commission as established in chapter ((18.26 RCW governing licenses issued under chapter)) 18.25 RCW;
(iii) The dental ((disciplinary board)) quality assurance commission as established in chapter 18.32 RCW;
(iv) The ((council)) board on fitting and dispensing of hearing aids as established in chapter 18.35 RCW;
(v) The board of funeral directors and embalmers as established in chapter 18.39 RCW;
(vi) The board of examiners for nursing home administrators as established in chapter 18.52 RCW;
(vii) The optometry board as established in chapter 18.54 RCW governing licenses issued under chapter 18.53 RCW;
(viii) The board of osteopathic medicine and surgery as established in chapter 18.57 RCW governing licenses issued under chapters 18.57 and 18.57A RCW;
(ix) The board of pharmacy as established in chapter 18.64 RCW governing licenses issued under chapters 18.64 and 18.64A RCW;
(x) The medical ((disciplinary board)) quality assurance commission as established in chapter ((18.72)) 18.71 RCW governing licenses and registrations issued under chapters 18.71 and 18.71A RCW;
(xi) The board of physical therapy as established in chapter 18.74 RCW;
(xii) The board of occupational therapy practice as established in chapter 18.59 RCW;
(xiii) The ((board of practical)) nursing care quality assurance commission as established in chapter ((18.78)) 18.-- RCW (sections 401 through 431 of this act) governing licenses issued under that chapter;
(xiv) The examining board of psychology and its disciplinary committee as established in chapter 18.83 RCW;
(xv) ((The board of nursing as established in chapter 18.88 RCW; and
(xvi))) The veterinary board of governors as established in chapter 18.92 RCW.
(3) In addition to the authority to discipline license holders, the disciplining authority has the authority to grant or deny licenses based on the conditions and criteria established in this chapter and the chapters specified in subsection (2) of this section. ((However, the board of chiropractic examiners has authority over issuance and denial of licenses provided for in chapter 18.25 RCW, the board of dental examiners has authority over issuance and denial of licenses provided for in RCW 18.32.040, and the board of medical examiners has authority over issuance and denial of licenses and registrations provided for in chapters 18.71 and 18.71A RCW.)) This chapter also governs any investigation, hearing, or proceeding relating to denial of licensure or issuance of a license conditioned on the applicant's compliance with an order entered pursuant to RCW 18.130.160 by the disciplining authority.
NEW SECTION. Sec. 704. A new section is added to chapter 18.130 RCW to read as follows:
(1) The settlement process must be substantially uniform for licensees governed by regulatory entities having authority under this chapter.
(2) Disclosure of the identity of reviewing disciplining authority members who participate in the settlement process is available to the respondents or their legal representative upon request.
(3) The settlement conference will occur only if a settlement is not achieved through written documents. Respondents will have the opportunity to conference either by phone or in person with the reviewing disciplining authority member if the respondent chooses. Respondents may also have their attorney conference either by phone or in person with the reviewing disciplining authority member without the respondent being present personally.
(4) If the respondent wants to meet in person with the reviewing disciplining authority member, he or she will travel to the reviewing disciplinary authority member and have such a conference with the attorney general in attendance either by phone or in person.
Sec. 705. RCW 18.130.300 and 1993 c 367 s 10 are each amended to read as follows:
The secretary, members of the boards or commissions, or individuals acting on their behalf are immune from suit in any action, civil or criminal, based on any disciplinary proceedings or other official acts performed in the course of their duties.
CONFORMING AMENDMENTS
Sec. 801. RCW 4.24.260 and 1975 1st ex.s. c 114 s 3 are each amended to read as follows:
Physicians licensed under chapter 18.71 RCW(([,])), dentists licensed under chapter 18.32 RCW, and pharmacists licensed under chapter 18.64 RCW who, in good faith, file charges or present evidence against another member of their profession based on the claimed incompetency or gross misconduct of such person before the medical ((disciplinary board)) quality assurance commission established under chapter ((18.72)) 18.71 RCW, in a proceeding under chapter 18.32 RCW, or to the board of pharmacy under RCW 18.64.160 shall be immune from civil action for damages arising out of such activities.
Sec. 802. RCW 4.24.290 and 1985 c 326 s 26 are each amended to read as follows:
In any civil action for damages based on professional negligence against a hospital which is licensed by the state of Washington or against the personnel of any such hospital, or against a member of the healing arts including, but not limited to, an acupuncturist ((certified)) licensed under chapter 18.06 RCW, a physician licensed under chapter 18.71 RCW, an osteopathic physician licensed under chapter 18.57 RCW, a chiropractor licensed under chapter 18.25 RCW, a dentist licensed under chapter 18.32 RCW, a ((podiatrist)) podiatric physician and surgeon licensed under chapter 18.22 RCW, or a nurse licensed under ((chapters 18.78 or 18.88)) chapter 18.-- RCW (sections 401 through 431 of this act), the plaintiff in order to prevail shall be required to prove by a preponderance of the evidence that the defendant or defendants failed to exercise that degree of skill, care, and learning possessed at that time by other persons in the same profession, and that as a proximate result of such failure the plaintiff suffered damages, but in no event shall the provisions of this section apply to an action based on the failure to obtain the informed consent of a patient.
Sec. 803. RCW 5.62.010 and 1987 c 198 s 1 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Registered nurse" means a registered nurse or advanced nurse practitioner licensed under chapter ((18.88)) 18.-- RCW (sections 401 through 431 of this act).
(2) "Protocol" means a regimen to be carried out by a registered nurse and prescribed by a licensed physician under chapter 18.71 RCW, or a licensed osteopathic physician under chapter 18.57 RCW, which is consistent with chapter ((18.88)) 18.-- RCW (sections 401 through 431 of this act) and the rules adopted under that chapter ((18.88 RCW)).
(3) "Primary care" means screening, assessment, diagnosis, and treatment for the purpose of promotion of health and detection of disease or injury, as authorized by chapter ((18.88)) 18.-- RCW (sections 401 through 431 of this act) and the rules adopted under that chapter ((18.88 RCW)).
Sec. 804. RCW 18.50.032 and 1981 c 53 s 10 are each amended to read as follows:
Registered nurses and nurse midwives certified by the ((board of)) nursing care quality assurance commission under chapter ((18.88)) 18.-- RCW (sections 401 through 431 of this act) shall be exempt from the requirements and provisions of this chapter.
Sec. 805. RCW 18.50.040 and 1991 c 3 s 106 are each amended to read as follows:
(1) Any person seeking to be examined shall present to the secretary, at least forty-five days before the commencement of the examination, a written application on a form or forms provided by the secretary setting forth under affidavit such information as the secretary may require and proof the candidate has received a high school degree or its equivalent; that the candidate is twenty-one years of age or older; that the candidate has received a certificate or diploma from a midwifery program accredited by the secretary and licensed under chapter 28C.10 RCW, when applicable, or a certificate or diploma in a foreign institution on midwifery of equal requirements conferring the full right to practice midwifery in the country in which it was issued. The diploma must bear the seal of the institution from which the applicant was graduated. Foreign candidates must present with the application a translation of the foreign certificate or diploma made by and under the seal of the consulate of the country in which the certificate or diploma was issued.
(2) The candidate shall meet the following conditions:
(a) Obtaining a minimum period of midwifery training for at least three years including the study of the basic nursing skills that the department shall prescribe by rule. However, if the applicant is a registered nurse or licensed practical nurse under chapter ((18.88 RCW, a licensed practical nurse under chapter 18.78 RCW)) 18.-- RCW (sections 401 through 431 of this act), or has had previous nursing education or practical midwifery experience, the required period of training may be reduced depending upon the extent of the candidate's qualifications as determined under rules adopted by the department. In no case shall the training be reduced to a period of less than two years.
(b) Meeting minimum educational requirements which shall include studying obstetrics; neonatal pediatrics; basic sciences; female reproductive anatomy and physiology; behavioral sciences; childbirth education; community care; obstetrical pharmacology; epidemiology; gynecology; family planning; genetics; embryology; neonatology; the medical and legal aspects of midwifery; nutrition during pregnancy and lactation; breast feeding; nursing skills, including but not limited to injections, administering intravenous fluids, catheterization, and aseptic technique; and such other requirements prescribed by rule.
(c) For a student midwife during training, undertaking the care of not less than fifty women in each of the prenatal, intrapartum, and early postpartum periods, but the same women need not be seen through all three periods. A student midwife may be issued a permit upon the satisfactory completion of the requirements in (a), (b), and (c) of this subsection and the satisfactory completion of the licensure examination required by RCW 18.50.060. The permit permits the student midwife to practice under the supervision of a midwife licensed under this chapter, a physician or a certified nurse-midwife licensed under the authority of chapter ((18.88)) 18.-- RCW (sections 401 through 431 of this act). The permit shall expire within one year of issuance and may be extended as provided by rule.
(d) Observing an additional fifty women in the intrapartum period before the candidate qualifies for a license.
(3) Notwithstanding subsections (1) and (2) of this section, the department shall adopt rules to provide credit toward the educational requirements for licensure before July 1, 1988, of nonlicensed midwives, including rules to provide:
(a) Credit toward licensure for documented deliveries;
(b) The substitution of relevant experience for classroom time; and
(c) That experienced lay midwives may sit for the licensing examination without completing the required coursework.
The training required under this section shall include training in either hospitals or alternative birth settings or both with particular emphasis on learning the ability to differentiate between low-risk and high-risk pregnancies.
Sec. 806. RCW 18.50.140 and 1991 c 3 s 114 are each amended to read as follows:
The midwifery advisory committee is created.
The committee shall be composed of one physician who is a practicing obstetrician; one practicing physician; one certified nurse midwife licensed under chapter ((18.88)) 18.-- RCW (sections 401 through 431 of this act); three midwives licensed under this chapter; and one public member, who shall have no financial interest in the rendering of health services. The committee may seek other consultants as appropriate, including persons trained in childbirth education and perinatology or neonatology.
The members are appointed by the secretary and serve at the pleasure of the secretary but may not serve more than five years consecutively. The terms of office shall be staggered. Members of the committee shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060 ((as now or hereafter amended)).
Sec. 807. RCW 18.50.115 and 1991 c 3 s 112 are each amended to read as follows:
A midwife licensed under this chapter may obtain and administer prophylactic ophthalmic medication, postpartum oxytocic, vitamin K, Rho immune globulin (human), and local anesthetic and may administer such other drugs or medications as prescribed by a physician. A pharmacist who dispenses such drugs to a licensed midwife shall not be liable for any adverse reactions caused by any method of use by the midwife.
The secretary, after consultation with representatives of the midwife advisory committee, the board of pharmacy, and the ((board of)) medical ((examiners)) quality assurance commission, may ((issue regulations which)) adopt rules that authorize licensed midwives to purchase and use legend drugs and devices in addition to the drugs authorized in this chapter.
Sec. 808. RCW 18.88A.020 and 1991 c 16 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Department" means the department of health.
(2) "Secretary" means the secretary of health.
(3) "((Board)) Commission" means the Washington ((state board of)) nursing care quality assurance commission.
(4) "Nursing assistant" means an individual, regardless of title, who, under the direction and supervision of a registered nurse or licensed practical nurse, assists in the delivery of nursing and nursing-related activities to patients in a health care facility. The two levels of nursing assistants are (a) "nursing assistant-certified," an individual certified under this chapter, (b) "nursing assistant-registered," an individual registered under this chapter.
(5) (("Committee" means the Washington state nursing assistant advisory committee.
(6))) "Approved training program" means a nursing assistant-certified training program approved by the ((board)) commission. For community college, vocational-technical institutes, skill centers, and secondary school as defined in chapter 28B.50 RCW, nursing assistant-certified training programs shall be approved by the ((board)) commission in cooperation with the board for community and technical colleges ((education)) or the superintendent of public instruction.
(((7))) (6) "Health care facility" means a nursing home, hospital, hospice care facility, home health care agency, hospice agency, or other entity for delivery of health care services as defined by the ((board)) commission.
(((8))) (7) "Competency evaluation" means the measurement of an individual's knowledge and skills as related to safe, competent performance as a nursing assistant.
Sec. 809. RCW 18.88A.030 and 1991 c 16 s 3 are each amended to read as follows:
(1) A nursing assistant may assist in the care of individuals as delegated by and under the direction and supervision of a licensed (registered) nurse or licensed practical nurse.
(2) A health care facility shall not assign a nursing assistant-registered to provide care until the nursing assistant-registered has demonstrated skills necessary to perform competently all assigned duties and responsibilities.
(3) Nothing in this chapter shall be construed to confer on a nursing assistant the authority to administer medication or to practice as a licensed (registered) nurse ((as defined in chapter 18.88 RCW)) or licensed practical nurse as defined in chapter ((18.78)) 18.-- RCW (sections 401 through 431 of this act).
(4) Certification is voluntary for nursing assistants working in health care facilities other than nursing homes unless otherwise required by state or federal law or regulation.
(5) The ((board of nursing shall have the authority to)) commission may adopt rules to implement the provisions of this chapter.
Sec. 810. RCW 18.88A.060 and 1991 c 16 s 8 are each amended to read as follows:
In addition to any other authority provided by law, the ((state board of nursing has the authority to)) commission may:
(1) Determine minimum education requirements and approve training programs;
(2) Prepare, grade, and administer, or determine the nature of, and supervise the grading and administration of, examinations of training and competency for applicants for certification;
(3) Determine whether alternative methods of training are equivalent to approved training programs, and establish forms, procedures, and criteria for evaluation of an applicant's alternative training to determine the applicant's eligibility to take any qualifying examination for certification;
(4) Define and approve any experience requirement for certification;
(5) Adopt rules implementing a continuing competency evaluation program;
(6) Adopt rules to enable it to carry into effect the provisions of this chapter.
Sec. 811. RCW 18.88A.080 and 1991 c 16 s 10 are each amended to read as follows:
(1) The secretary shall issue a registration to any applicant who pays any applicable fees and submits, on forms provided by the secretary, the applicant's name, address, and other information as determined by the secretary, provided there are no grounds for denial of registration or issuance of a conditional registration under this chapter or chapter 18.130 RCW.
(2) Applicants must file an application with the ((board)) commission for registration within three days of employment.
Sec. 812. RCW 18.88A.085 and 1991 c 16 s 11 are each amended to read as follows:
(1) After January 1, 1990, the secretary shall issue a certificate to any applicant who demonstrates to the secretary's satisfaction that the following requirements have been met:
(a) Completion of an approved training program or successful completion of alternate training meeting established criteria approved by the ((board)) commission; and
(b) Successful completion of a competency evaluation.
(2) In addition, applicants shall be subject to the grounds for denial of certification under chapter 18.130 RCW.
Sec. 813. RCW 18.88A.090 and 1991 c 3 s 225 are each amended to read as follows:
(1) The date and location of examinations shall be established by the secretary. Applicants who have been found by the secretary to meet the requirements for certification shall be scheduled for the next examination following the filing of the application. The secretary shall establish by rule the examination application deadline.
(2) The ((board)) commission shall examine each applicant, by a written or oral and a manual component of competency evaluation. Examinations shall be limited to the purpose of determining whether the applicant possesses the minimum skill and knowledge necessary to practice competently.
(3) The examination papers, all grading of the papers, and the grading of skills demonstration shall be preserved for a period of not less than one year after the ((board)) commission has made and published the decisions. All examinations shall be conducted under fair and wholly impartial methods.
(4) Any applicant failing to make the required grade in the first examination may take up to three subsequent examinations as the applicant desires upon prepaying a fee determined by the secretary under RCW 43.70.250 for each subsequent examination. Upon failing four examinations, the secretary may invalidate the original application and require such remedial education before the person may take future examinations.
(5) The ((board)) commission may approve an examination prepared or administered by a private testing agency or association of licensing agencies for use by an applicant in meeting the credentialing requirements.
Sec. 814. RCW 18.88A.100 and 1991 c 16 s 12 and 1991 c 3 s 226 are each reenacted and amended to read as follows:
The secretary shall waive the competency evaluation and certify a person to practice within the state of Washington if the ((board)) commission determines that the person meets commonly accepted standards of education and experience for the nursing assistants. This section applies only to those individuals who file an application for waiver by December 31, 1991.
Sec. 815. RCW 18.88A.130 and 1991 c 16 s 15 are each amended to read as follows:
The secretary shall establish by rule the procedural requirements and fees for renewal of a registration or certificate. Failure to renew shall invalidate the credential and all privileges granted by the credential. If a certificate has lapsed for a period longer than three years, the person shall demonstrate competence to the satisfaction of the ((board)) commission by taking continuing education courses, or meeting other standards determined by the ((board)) commission.
Sec. 816. RCW 18.89.040 and 1987 c 415 s 5 are each amended to read as follows:
A respiratory care practitioner certified under this chapter is employed in the treatment, management, diagnostic testing, rehabilitation, and care of patients with deficiencies and abnormalities which affect the cardiopulmonary system and associated aspects of other systems, and is under the direct order and under the qualified medical direction of a physician. The practice of respiratory care includes, but is not limited to:
(1) The use and administration of medical gases, exclusive of general anesthesia;
(2) The use of air and oxygen administering apparatus;
(3) The use of humidification and aerosols;
(4) The administration of prescribed pharmacologic agents related to respiratory care;
(5) The use of mechanical or physiological ventilatory support;
(6) Postural drainage, chest percussion, and vibration;
(7) Bronchopulmonary hygiene;
(8) Cardiopulmonary resuscitation as it pertains to establishing airways and external cardiac compression;
(9) The maintenance of natural and artificial airways and insertion, without cutting tissues, of artificial airways, as ordered by the attending physician;
(10) Diagnostic and monitoring techniques such as the measurement of cardiorespiratory volumes, pressures, and flows; and
(11) The drawing and analyzing of arterial, capillary, and mixed venous blood specimens as ordered by the attending physician or an advanced registered nurse practitioner as authorized by the ((board of)) nursing care quality assurance commission under chapter ((18.88)) 18.-- RCW (sections 401 through 431 of this act).
Sec. 817. RCW 18.100.140 and 1987 c 447 s 16 are each amended to read as follows:
Nothing in this chapter shall authorize a director, officer, shareholder, agent or employee of a corporation organized under this chapter, or a corporation itself organized under this chapter, to do or perform any act which would be illegal, unethical or unauthorized conduct under the provisions of the following acts: (1) ((Medical disciplinary act)) Physicians and surgeons, chapter ((18.72)) 18.71 RCW; (2) anti-rebating act, chapter 19.68 RCW; (3) state bar act, chapter 2.48 RCW; (4) professional accounting act, chapter 18.04 RCW; (5) professional architects act, chapter 18.08 RCW; (6) professional auctioneers act, chapter 18.11 RCW; (7) cosmetologists, barbers, and manicurists, chapter 18.16 RCW; (8) boarding homes act, chapter 18.20 RCW; (9) ((podiatry)) podiatric medicine and surgery, chapter 18.22 RCW; (10) chiropractic act, chapter 18.25 RCW; (11) registration of contractors, chapter 18.27 RCW; (12) debt adjusting act, chapter 18.28 RCW; (13) dental hygienist act, chapter 18.29 RCW; (14) dentistry, chapter 18.32 RCW; (15) dispensing opticians, chapter 18.34 RCW; (16) naturopathic ((act)) physicians, chapter 18.36A RCW; (17) embalmers and funeral directors, chapter 18.39 RCW; (18) engineers and land surveyors, chapter 18.43 RCW; (19) escrow agents registration act, chapter 18.44 RCW; (20) maternity homes, chapter 18.46 RCW; (21) midwifery, chapter 18.50 RCW; (22) nursing homes, chapter 18.51 RCW; (23) optometry, chapter 18.53 RCW; (24) ((osteopathy)) osteopathic physicians and surgeons, chapter 18.57 RCW; (25) pharmacists, chapter 18.64 RCW; (26) physical therapy, chapter 18.74 RCW; (27) registered nurses, advanced registered nurse practitioners, and practical nurses, chapter ((18.78)) 18.-- RCW (sections 401 through 431 of this act); (28) psychologists, chapter 18.83 RCW; (29) real estate brokers and salesmen, chapter 18.85 RCW; (30) ((registered professional nurses, chapter 18.88 RCW; (31))) veterinarians, chapter 18.92 RCW.
Sec. 818. RCW 18.120.020 and 1989 c 300 s 14 are each amended to read as follows:
The definitions contained in this section shall apply throughout this chapter unless the context clearly requires otherwise.
(1) "Applicant group" includes any health professional group or organization, any individual, or any other interested party which proposes that any health professional group not presently regulated be regulated or which proposes to substantially increase the scope of practice of the profession.
(2) "Certificate" and "certification" mean a voluntary process by which a statutory regulatory entity grants recognition to an individual who (a) has met certain prerequisite qualifications specified by that regulatory entity, and (b) may assume or use "certified" in the title or designation to perform prescribed health professional tasks.
(3) "Grandfather clause" means a provision in a regulatory statute applicable to practitioners actively engaged in the regulated health profession prior to the effective date of the regulatory statute which exempts the practitioners from meeting the prerequisite qualifications set forth in the regulatory statute to perform prescribed occupational tasks.
(4) "Health professions" means and includes the following health and health-related licensed or regulated professions and occupations: ((Podiatry)) Podiatric medicine and surgery under chapter 18.22 RCW; chiropractic under chapter((s)) 18.25 ((and 18.26 RCW)); dental hygiene under chapter 18.29 RCW; dentistry under chapter 18.32 RCW; dispensing opticians under chapter 18.34 RCW; hearing aids under chapter 18.35 RCW; naturopaths under chapter 18.36A RCW; embalming and funeral directing under chapter 18.39 RCW; midwifery under chapter 18.50 RCW; nursing home administration under chapter 18.52 RCW; optometry under chapters 18.53 and 18.54 RCW; ocularists under chapter 18.55 RCW; osteopathy and osteopathic medicine and surgery under chapters 18.57 and 18.57A RCW; pharmacy under chapters 18.64 and 18.64A RCW; medicine under chapters 18.71((,)) and 18.71A((, and 18.72)) RCW; emergency medicine under chapter 18.73 RCW; physical therapy under chapter 18.74 RCW; practical nurses under chapter ((18.78)) 18.-- RCW (sections 401 through 431 of this act); psychologists under chapter 18.83 RCW; registered nurses under chapter ((18.88)) 18.-- RCW (sections 401 through 431 of this act); occupational therapists licensed ((pursuant to)) under chapter 18.59 RCW; respiratory care practitioners certified under chapter 18.89 RCW; veterinarians and animal technicians under chapter 18.92 RCW; health care assistants under chapter 18.135 RCW; massage practitioners under chapter 18.108 RCW; acupuncturists ((certified)) licensed under chapter 18.06 RCW; persons registered or certified under chapter 18.19 RCW; dietitians and nutritionists certified by chapter 18.138 RCW; radiologic technicians under chapter 18.84 RCW; and nursing assistants registered or certified under chapter 18.88A RCW.
(5) "Inspection" means the periodic examination of practitioners by a state agency in order to ascertain whether the practitioners' occupation is being carried out in a fashion consistent with the public health, safety, and welfare.
(6) "Legislative committees of reference" means the standing legislative committees designated by the respective rules committees of the senate and house of representatives to consider proposed legislation to regulate health professions not previously regulated.
(7) "License," "licensing," and "licensure" mean permission to engage in a health profession which would otherwise be unlawful in the state in the absence of the permission. A license is granted to those individuals who meet prerequisite qualifications to perform prescribed health professional tasks and for the use of a particular title.
(8) "Professional license" means an individual, nontransferable authorization to carry on a health activity based on qualifications which include: (a) Graduation from an accredited or approved program, and (b) acceptable performance on a qualifying examination or series of examinations.
(9) "Practitioner" means an individual who (a) has achieved knowledge and skill by practice, and (b) is actively engaged in a specified health profession.
(10) "Public member" means an individual who is not, and never was, a member of the health profession being regulated or the spouse of a member, or an individual who does not have and never has had a material financial interest in either the rendering of the health professional
service being regulated or an activity directly related to the profession being regulated.
(11) "Registration" means the formal notification which, prior to rendering services, a practitioner shall submit to a state agency setting forth the name and address of the practitioner; the location, nature and operation of the health activity to be practiced; and, if required by the regulatory entity, a description of the service to be provided.
(12) "Regulatory entity" means any board, commission, agency, division, or other unit or subunit of state government which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state.
(13) "State agency" includes every state office, department, board, commission, regulatory entity, and agency of the state, and, where provided by law, programs and activities involving less than the full responsibility of a state agency.
Sec. 819. RCW 18.135.020 and 1991 c 3 s 272 are each amended to read as follows:
As used in this chapter:
(1) "Secretary" means the secretary of health.
(2) "Health care assistant" means an unlicensed person who assists a licensed health care practitioner in providing health care to patients pursuant to this chapter.
(3) "Health care practitioner" means:
(a) A physician licensed under chapter 18.71 RCW;
(b) An osteopathic physician or surgeon licensed under chapter 18.57 RCW; or
(c) Acting within the scope of their respective licensure, a ((podiatrist)) podiatric physician and surgeon licensed under chapter 18.22 RCW or a registered nurse or advanced registered nurse practitioner licensed under chapter ((18.88)) 18.-- RCW (sections 401 through 431 of this act).
(4) "Supervision" means supervision of procedures permitted pursuant to this chapter by a health care practitioner who is physically present and is immediately available in the facility during the administration of injections, as defined in this chapter, but need not be present during procedures to withdraw blood.
(5) "Health care facility" means any hospital, hospice care center, licensed or certified health care facility, health maintenance organization regulated under chapter 48.46 RCW, federally qualified health maintenance organization, renal dialysis center or facility federally approved under 42 C.F.R. 405.2100, blood bank federally licensed under 21 C.F.R. 607, or clinical laboratory certified under 20 C.F.R. 405.1301-16.
(6) "Delegation" means direct authorization granted by a licensed health care practitioner to a health care assistant to perform the functions authorized in this chapter which fall within the scope of practice of the delegator and which are not within the scope of practice of the delegatee.
Sec. 820. RCW 28A.210.260 and 1982 c 195 s 1 are each amended to read as follows:
Public school districts and private schools which conduct any of grades kindergarten through the twelfth grade may provide for the administration of oral medication of any nature to students who are in the custody of the school district or school at the time of administration, but are not required to do so by this section, subject to the following conditions:
(1) The board of directors of the public school district or the governing board of the private school or, if none, the chief administrator of the private school shall adopt policies which address the designation of employees who may administer oral medications to students, the acquisition of parent requests and instructions, and the acquisition of dentist and physician requests and instructions regarding students who require medication for more than fifteen consecutive school days, the identification of the medication to be administered, the means of safekeeping medications with special attention given to the safeguarding of legend drugs as defined in chapter 69.41 RCW, and the means of maintaining a record of the administration of such medication;
(2) The board of directors shall seek advice from one or more licensed physicians or nurses in the course of developing the foregoing policies;
(3) The public school district or private school is in receipt of a written, current and unexpired request from a parent, or a legal guardian, or other person having legal control over the student to administer the medication to the student;
(4) The public school district or the private school is in receipt of (a) a written, current and unexpired request from a licensed physician or dentist for administration of the medication, as there exists a valid health reason which makes administration of such medication advisable during the hours when school is in session or the hours in which the student is under the supervision of school officials, and (b) written, current and unexpired instructions from such physician or dentist regarding the administration of prescribed medication to students who require medication for more than fifteen consecutive work days;
(5) The medication is administered by an employee designated by or pursuant to the policies adopted pursuant to subsection (1) of this section and in substantial compliance with the prescription of a physician or dentist or the written instructions provided pursuant to subsection (4) of this section;
(6) The medication is first examined by the employee administering the same to determine in his or her judgment that it appears to be in the original container and to be properly labeled; and
(7) The board of directors shall designate a professional person licensed pursuant to chapter 18.71 RCW or ((18.88)) chapter 18.-- RCW (sections 401 through 431 of this act) as it applies to registered nurses and advanced registered nurse practitioners, to train and supervise the designated school district personnel in proper medication procedures.
Sec. 821. RCW 28A.210.280 and 1988 c 48 s 2 are each amended to read as follows:
(1) Public school districts and private schools that offer classes for any of grades kindergarten through twelve may provide for clean, intermittent bladder catheterization of students, or assisted self-catheterization of students pursuant to ((RCW 18.88.295: PROVIDED, That)) section 429 of this act, if the catheterization is provided for in substantial compliance with:
(a) Rules adopted by the state ((board of)) nursing care quality assurance commission and the instructions of a registered nurse or advanced registered nurse practitioner issued under such rules; and
(b) Written policies of the school district or private school which shall be adopted in order to implement this section and shall be developed in accordance with such requirements of chapters 41.56 and 41.59 RCW as may be applicable.
(2) This section does not require school districts to provide intermittent bladder catheterization of students.
Sec. 822. RCW 28A.210.290 and 1990 c 33 s 209 are each amended to read as follows:
(1) In the event a school employee provides for the catheterization of a student pursuant to RCW ((18.88.295)) 18.--.--- (section 429 of this act) and 28A.210.280 in substantial compliance with (a) rules adopted by the state ((board of)) nursing care quality assurance commission and the instructions of a registered nurse or advanced registered nurse practitioner issued under such rules, and (b) written policies of the school district or private school, then the employee, the employee's school district or school of employment, and the members of the governing board and chief administrator thereof shall not be liable in any criminal action or for civil damages in their individual, marital, governmental, corporate, or other capacity as a result of providing for the catheterization.
(2) Providing for the catheterization of any student pursuant to RCW ((18.88.295)) 18.--.--- (section 429 of this act) and 28A.210.280 may be discontinued by a public school district or private school and the school district or school, its employees, its chief administrator, and members of its governing board shall not be liable in any criminal action or for civil damages in their individual, marital, governmental, corporate, or other capacity as a result of the discontinuance: PROVIDED, That the chief administrator of the public school district or private school, or his or her designee, has first provided actual notice orally or in writing in advance of the date of discontinuance to a parent or legal guardian of the student or other person having legal control over the student: PROVIDED FURTHER, That the public school district otherwise provides for the catheterization of the student to the extent required by federal or state law.
Sec. 823. RCW 28C.10.030 and 1990 c 188 s 6 are each amended to read as follows:
This chapter does not apply to:
(1) Bona fide trade, business, professional, or fraternal organizations sponsoring educational programs primarily for that organization's membership or offered by that organization on a no-fee basis;
(2) Entities offering education that is exclusively avocational or recreational;
(3) Education not requiring payment of money or other consideration if this education is not advertised or promoted as leading toward educational credentials;
(4) Entities that are established, operated, and governed by this state or its political subdivisions under Title 28A, 28B, or 28C RCW;
(5) Degree-granting programs in compliance with the rules of the higher education coordinating board;
(6) Any other entity to the extent that it has been exempted from some or all of the provisions of this chapter under RCW 28C.10.100;
(7) Entities not otherwise exempt that are of a religious character, but only as to those educational programs exclusively devoted to religious or theological objectives and represented accurately in institutional catalogs or other official publications;
(8) Entities offering only courses certified by the federal aviation administration;
(9) Barber and cosmetology schools licensed under chapter 18.16 RCW;
(10) Entities which only offer courses approved to meet the continuing education requirements for licensure under chapter((s)) 18.04, ((18.78, 18.88)) 18.-- (sections 401 through 431 of this act), or 48.17 RCW; and
(11) Entities not otherwise exempt offering only workshops or seminars lasting no longer than three calendar days.
Sec. 824. RCW 41.05.075 and 1993 c 386 s 10 are each amended to read as follows:
(1) The administrator shall provide benefit plans designed by the board through a contract or contracts with insuring entities, through self-funding, self-insurance, or other methods of providing insurance coverage authorized by RCW 41.05.140.
(2) The administrator shall establish a contract bidding process that encourages competition among insuring entities, is timely to the state budgetary process, and sets conditions for awarding contracts to any insuring entity.
(3) The administrator shall establish a requirement for review of utilization and financial data from participating insuring entities on a quarterly basis.
(4) The administrator shall centralize the enrollment files for all employee and retired or disabled school employee health plans offered under chapter 41.05 RCW and develop enrollment demographics on a plan-specific basis.
(5) The administrator shall establish methods for collecting, analyzing, and disseminating to covered individuals information on the cost and quality of services rendered by individual health care providers.
(6) All claims data shall be the property of the state. The administrator may require of any insuring entity that submits a bid to contract for coverage all information deemed necessary to fulfill the administrator's duties as set forth in this chapter.
(7) All contracts with insuring entities for the provision of health care benefits shall provide that the beneficiaries of such benefit plans may use on an equal participation basis the services of practitioners licensed pursuant to chapters 18.22, 18.25, 18.32, 18.53, 18.57, 18.71, 18.74, 18.83, and ((18.88 RCW )) 18.-- RCW (sections 401 through 431 of this act), as it applies to registered nurses and advanced registered nurse practitioners. However, nothing in this subsection may preclude the administrator from establishing appropriate utilization controls approved pursuant to RCW 41.05.065(2) (a)(((i))), (b), and (d).
(8) Beginning in January 1990, and each January thereafter, the administrator shall publish and distribute to each school district a description of health care benefit plans available through the authority and the estimated cost if school district employees were enrolled.
Sec. 825. RCW 41.05.180 and 1989 c 338 s 5 are each amended to read as follows:
Each health plan offered to public employees and their covered dependents under this chapter that is not subject to the provisions of Title 48 RCW and is established or renewed after January 1, 1990, and that provides benefits for hospital or medical care shall provide benefits for screening or diagnostic mammography services, provided that such services are delivered upon the recommendation of the patient's physician or advanced registered nurse practitioner as authorized by the ((board of)) nursing care quality assurance commission pursuant to chapter ((18.88)) 18.-- RCW (sections 401 through 431 of this act) or physician(('s)) assistant pursuant to chapter 18.71A RCW.
This section shall not be construed to prevent the application of standard health plan provisions applicable to other benefits such as deductible or copayment provisions. This section does not limit the authority of the state health care authority to negotiate rates and contract with specific providers for the delivery of mammography services. This section shall not apply to medicare supplement policies or supplemental contracts covering a specified disease or other limited benefits.
Sec. 826. RCW 42.17.316 and 1987 c 416 s 7 are each amended to read as follows:
The disclosure requirements of this chapter shall not apply to records of the committee obtained in an action under RCW 18.72.301 through 18.72.321 (as recodified by this act).
Sec. 827. RCW 43.70.220 and 1989 1st ex.s. c 9 s 301 are each amended to read as follows:
The powers and duties of the department of licensing and the director of licensing under the following statutes are hereby transferred to the department of health and the secretary of health: Chapters 18.06, 18.19, 18.22, 18.25, ((18.26,)) 18.29, 18.32, 18.34, 18.35, 18.36A, 18.50, 18.52, ((18.52A, 18.52B,)) 18.52C, 18.53, 18.54, 18.55, 18.57, 18.57A, 18.59, 18.71, 18.71A, ((18.72,)) 18.74, ((18.78,)) 18.83, 18.84, ((18.88)) 18.-- (sections 401 through 431 of this act), 18.89, 18.92, 18.108, 18.135, and 18.138 RCW. More specifically, the health professions regulatory programs and services presently administered by the department of licensing are hereby transferred to the department of health.
Sec. 828. RCW 48.20.393 and 1989 c 338 s 1 are each amended to read as follows:
Each disability insurance policy issued or renewed after January 1, 1990, that provides coverage for hospital or medical expenses shall provide coverage for screening or diagnostic mammography services, provided that such services are delivered upon the recommendation of the patient's physician or advanced registered nurse practitioner as authorized by the ((board of)) nursing care quality assurance commission pursuant to chapter ((18.88)) 18.-- RCW (sections 401 through 431 of this act) or physician(('s)) assistant pursuant to chapter 18.71A RCW.
This section shall not be construed to prevent the application of standard policy provisions applicable to other benefits such as deductible or copayment provisions. This section does not limit the authority of an insurer to negotiate rates and contract with specific providers for the delivery of mammography services. This section shall not apply to medicare supplement policies or supplemental contracts covering a specified disease or other limited benefits.
Sec. 829. RCW 48.20.411 and 1973 1st ex.s. c 188 s 3 are each amended to read as follows:
Notwithstanding any provision of any disability insurance contract as provided for in this chapter, benefits shall not be denied thereunder for any health care service performed by a holder of a license for registered nursing practice or advanced registered nursing practice issued pursuant to chapter ((18.88)) 18.-- RCW (sections 401 through 431 of this act) if (1) the service performed was within the lawful scope of such person's license, and (2) such contract would have provided benefits if such service had been performed by a holder of a license issued pursuant to chapter 18.71 RCW: PROVIDED, HOWEVER, That no provision of chapter 18.71 RCW shall be asserted to deny benefits under this section.
The provisions of this section are intended to be remedial and procedural to the extent they do not impair the obligation of any existing contract.
Sec. 830. RCW 48.21.141 and 1973 1st ex.s. c 188 s 4 are each amended to read as follows:
Notwithstanding any provision of any group disability insurance contract or blanket disability insurance contract as provided for in this chapter, benefits shall not be denied thereunder for any health service performed by a holder of a license for registered nursing practice or advanced registered nursing practice issued pursuant to chapter ((18.88)) 18.-- RCW (sections 401 through 431 of this act) if (1) the service performed was within the lawful scope of such person's license, and (2) such contract would have provided benefits if such service had been performed by a holder of a license issued pursuant to chapter 18.71 RCW: PROVIDED, HOWEVER, That no provision of chapter 18.71 RCW shall be asserted to deny benefits under this section.
The provisions of this section are intended to be remedial and procedural to the extent they do not impair the obligation of any existing contract.
Sec. 831. RCW 48.21.225 and 1989 c 338 s 2 are each amended to read as follows:
Each group disability insurance policy issued or renewed after January 1, 1990, that provides coverage for hospital or medical expenses shall provide coverage for screening or diagnostic mammography services, provided that such services are delivered upon the recommendation of the patient's physician or advanced registered nurse practitioner as authorized by the ((board of)) nursing care quality assurance commission pursuant to chapter ((18.88)) 18.-- RCW (sections 401 through 431 of this act) or physician(('s)) assistant pursuant to chapter 18.71A RCW.
This section shall not be construed to prevent the application of standard policy provisions applicable to other benefits such as deductible or copayment provisions. This section does not limit the authority of an insurer to negotiate rates and contract with specific providers for the delivery of mammography services. This section shall not apply to medicare supplement policies or supplemental contracts covering a specified disease or other limited benefits.
Sec. 832. RCW 48.44.026 and 1990 c 120 s 6 are each amended to read as follows:
Checks in payment for claims pursuant to any health care service contract for health care services provided by persons licensed or regulated under chapters ((18.22,)) 18.25, 18.29, 18.32, 18.53, 18.57, 18.64, 18.71, 18.73, 18.74, 18.83, or ((18.88 RCW)) 18.-- RCW (sections 401 through 431 of this act), as it applies to registered nurses and advanced registered nurse practitioners, where the provider is not a participating provider under a contract with the health care service contractor, shall be made out to both the provider and the enrolled participant with the provider as the first named payee, jointly, to require endorsement by each: PROVIDED, That payment shall be made in the single name of the enrolled participant if the enrolled participant as part of his or her claim furnishes evidence of prepayment to the health care service provider: AND PROVIDED FURTHER, That nothing in this section shall preclude a health care service contractor from voluntarily issuing payment in the single name of the provider.
Sec. 833. RCW 48.44.290 and 1986 c 223 s 6 are each amended to read as follows:
Notwithstanding any provision of this chapter, for any health care service contract thereunder which is entered into or renewed after July 26, 1981, benefits shall not be denied under such contract for any health care service performed by a holder of a license for registered nursing practice or advanced registered nursing practice issued pursuant to chapter ((18.88)) 18.-- RCW (sections 401 through 431 of this act) if (1) the service performed was within the lawful scope of such person's license, and (2) such contract would have provided benefits if such service had been performed by a holder of a license issued pursuant to chapter 18.71 RCW: PROVIDED, HOWEVER, That no provision of chapter 18.71 RCW shall be asserted to deny benefits under this section.
The provisions of this section are intended to be remedial and procedural to the extent that they do not impair the obligation of any existing contract.
Sec. 834. RCW 48.44.325 and 1989 c 338 s 3 are each amended to read as follows:
Each health care service contract issued or renewed after January 1, 1990, that provides benefits for hospital or medical care shall provide benefits for screening or diagnostic mammography services, provided that such services are delivered upon the recommendation of the patient's physician or advanced registered nurse practitioner as authorized by the ((board of)) nursing care quality assurance commission pursuant to chapter ((18.88)) 18.-- RCW (sections 401 through 431 of this act) or physician(('s)) assistant pursuant to chapter 18.71A RCW.
This section shall not be construed to prevent the application of standard contract provisions applicable to other benefits such as deductible or copayment provisions. This section does not limit the authority of a contractor to negotiate rates and contract with specific providers for the delivery of mammography services. This section shall not apply to medicare supplement policies or supplemental contracts covering a specified disease or other limited benefits.
Sec. 835. RCW 48.46.275 and 1989 c 338 s 4 are each amended to read as follows:
Each health maintenance agreement issued or renewed after January 1, 1990, that provides benefits for hospital or medical care shall provide benefits for screening or diagnostic mammography services, provided that such services are delivered upon the recommendation of the patient's physician or advanced registered nurse practitioner as authorized by the ((board of)) nursing care quality assurance commission pursuant to chapter ((18.88)) 18.-- RCW (sections 401 through 431 of this act) or physician(('s)) assistant pursuant to chapter 18.71A RCW.
All services must be provided by the health maintenance organization or rendered upon referral by the health maintenance organization. This section shall not be construed to prevent the application of standard agreement provisions applicable to other benefits such as deductible or copayment provisions. This section does not limit the authority of a health maintenance organization to negotiate rates and contract with specific providers for the delivery of mammography services. This section shall not apply to medicare supplement policies or supplemental contracts covering a specified disease or other limited benefits.
Sec. 836. RCW 69.41.010 and 1989 1st ex.s. c 9 s 426 and 1989 c 36 s 3 are each reenacted and amended to read as follows:
As used in this chapter, the following terms ((has [have])) have the ((meaning[s])) meanings indicated unless the context clearly requires otherwise:
(1) "Administer" means the direct application of a legend drug whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
(a) A practitioner; or
(b) The patient or research subject at the direction of the practitioner.
(2) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a legend drug, whether or not there is an agency relationship.
(3) "Department" means the department of health.
(4) "Dispense" means the interpretation of a prescription or order for a legend drug and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery.
(5) "Dispenser" means a practitioner who dispenses.
(6) "Distribute" means to deliver other than by administering or dispensing a legend drug.
(7) "Distributor" means a person who distributes.
(8) "Drug" means:
(a) Substances recognized as drugs in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, or official national formulary, or any supplement to any of them;
(b) Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals;
(c) Substances (other than food, minerals or vitamins) intended to affect the structure or any function of the body of man or animals; and
(d) Substances intended for use as a component of any article specified in clause (a), (b), or (c) of this subsection. It does not include devices or their components, parts, or accessories.
(9) "Legend drugs" means any drugs which are required by state law or regulation of the state board of pharmacy to be dispensed on prescription only or are restricted to use by practitioners only.
(10) "Person" means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.
(11) "Practitioner" means:
(a) A physician under chapter 18.71 RCW, an osteopathic physician or an osteopathic physician and surgeon under chapter 18.57 RCW, a dentist under chapter 18.32 RCW, a ((podiatrist)) podiatric physician and surgeon under chapter 18.22 RCW, a veterinarian under chapter 18.92 RCW, a registered nurse ((under chapter 18.88 RCW, a)), advanced registered nurse practitioner, or licensed practical nurse under chapter ((18.78)) 18.-- RCW (sections 401 through 431 of this act), an optometrist under chapter 18.53 RCW who is certified by the optometry board under RCW 18.53.010, an osteopathic physician(('s)) assistant under chapter 18.57A RCW, ((or)) a physician(('s)) assistant under chapter 18.71A RCW, or a pharmacist under chapter 18.64 RCW;
(b) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a legend drug in the course of professional practice or research in this state; and
(c) A physician licensed to practice medicine and surgery or a physician licensed to practice osteopathy and surgery in any state, or province of Canada, which shares a common border with the state of Washington.
(12) "Secretary" means the secretary of health or the secretary's designee.
Sec. 837. RCW 69.41.030 and 1991 c 30 s 1 are each amended to read as follows:
It shall be unlawful for any person to sell, deliver, or possess any legend drug except upon the order or prescription of a physician under chapter 18.71 RCW, an osteopathic physician or an osteopathic physician and surgeon under chapter 18.57 RCW, a dentist under chapter 18.32 RCW, a podiatric physician and surgeon under chapter 18.22 RCW, a veterinarian under chapter 18.92 RCW, a commissioned medical or dental officer in the United States armed forces or public health service in the discharge of his or her official duties, a duly licensed physician or dentist employed by the veterans administration in the discharge of his or her official duties, a registered nurse or advanced registered nurse practitioner under chapter ((18.88)) 18.-- RCW (sections 401 through 431 of this act) when authorized by the ((board of)) nursing care quality assurance commission, an osteopathic physician(('s)) assistant under chapter 18.57A RCW when authorized by the ((committee)) board of osteopathic examiners, a physician assistant under chapter 18.71A RCW when authorized by the ((board of)) medical ((examiners)) quality assurance commission, a physician licensed to practice medicine and surgery or a physician licensed to practice osteopathy and surgery, a dentist licensed to practice dentistry, a podiatric physician and surgeon licensed to practice podiatric medicine and surgery, or a veterinarian licensed to practice veterinary medicine, in any province of Canada which shares a common border with the state of Washington or in any state of the United States: PROVIDED, HOWEVER, That the above provisions shall not apply to sale, delivery, or possession by drug wholesalers or drug manufacturers, or their agents or employees, or to any practitioner acting within the scope of his or her license, or to a common or contract carrier or warehouseman, or any employee thereof, whose possession of any legend drug is in the usual course of business or employment: PROVIDED FURTHER, That nothing in this chapter or chapter 18.64 RCW shall prevent a family planning clinic that is under contract with the department of social and health services from selling, delivering, possessing, and dispensing commercially prepackaged oral contraceptives prescribed by authorized, licensed health care practitioners.
Sec. 838. RCW 69.45.010 and 1989 1st ex.s. c 9 s 444 are each amended to read as follows:
The definitions in this section apply throughout this chapter.
(1) "Board" means the board of pharmacy.
(2) "Drug samples" means any federal food and drug administration approved controlled substance, legend drug, or products requiring prescriptions in this state, which is distributed at no charge to a practitioner by a manufacturer or a manufacturer's representative, exclusive of drugs under clinical investigations approved by the federal food and drug administration.
(3) "Controlled substance" means a drug, substance, or immediate precursor of such drug or substance, so designated under or pursuant to chapter 69.50 RCW, the uniform controlled substances act.
(4) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a drug or device, whether or not there is an agency relationship.
(5) "Dispense" means the interpretation of a prescription or order for a drug, biological, or device and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery.
(6) "Distribute" means to deliver, other than by administering or dispensing, a legend drug.
(7) "Legend drug" means any drug that is required by state law or by regulations of the board to be dispensed on prescription only or is restricted to use by practitioners only.
(8) "Manufacturer" means a person or other entity engaged in the manufacture or distribution of drugs or devices, but does not include a manufacturer's representative.
(9) "Person" means any individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity.
(10) "Practitioner" means a physician under chapter 18.71 RCW, an osteopathic physician or an osteopathic physician and surgeon under chapter 18.57 RCW, a dentist under chapter 18.32 RCW, a ((podiatrist)) podiatric physician and surgeon under chapter 18.22 RCW, a veterinarian under chapter 18.92 RCW, a pharmacist under chapter 18.64 RCW, a commissioned medical or dental officer in the United States armed forces or the public health service in the discharge of his or her official duties, a duly licensed physician or dentist employed by the veterans administration in the discharge of his or her official duties, a registered nurse or advanced registered nurse practitioner under chapter ((18.88)) 18.-- RCW (sections 401 through 431 of this act) when authorized to prescribe by the ((board of)) nursing care quality assurance commission, an osteopathic ((physician's)) physician assistant under chapter 18.57A RCW when authorized by the board of osteopathic medicine and surgery, or a ((physician's)) physician assistant under chapter 18.71A RCW when authorized by the ((board of)) medical ((examiners)) quality assurance commission.
(11) "Manufacturer's representative" means an agent or employee of a drug manufacturer who is authorized by the drug manufacturer to possess drug samples for the purpose of distribution in this state to appropriately authorized health care practitioners.
(12) "Reasonable cause" means a state of facts found to exist that would warrant a reasonably intelligent and prudent person to believe that a person has violated state or federal drug laws or regulations.
(13) "Department" means the department of health.
(14) "Secretary" means the secretary of health or the secretary's designee.
Sec. 839. RCW 69.50.101 and 1993 c 187 s 1 are each amended to read as follows:
Unless the context clearly requires otherwise, definitions of terms shall be as indicated where used in this chapter:
(a) "Administer" means to apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient or research subject by:
(1) a practitioner authorized to prescribe (or, by the practitioner's authorized agent); or
(2) the patient or research subject at the direction and in the presence of the practitioner.
(b) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseperson, or employee of the carrier or warehouseperson.
(c) "Board" means the state board of pharmacy.
(d) "Controlled substance" means a drug, substance, or immediate precursor included in Schedules I through V as set forth in federal or state laws, or federal or board rules.
(e)(1) "Controlled substance analog" means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II and:
(i) that has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II; or
(ii) with respect to a particular individual, that the individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II.
(2) The term does not include:
(i) a controlled substance;
(ii) a substance for which there is an approved new drug application;
(iii) a substance with respect to which an exemption is in effect for investigational use by a particular person under Section 505 of the federal Food, Drug and Cosmetic Act, 21 U.S.C. Sec. 355, to the extent conduct with respect to the substance is pursuant to the exemption; or
(iv) any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.
(f) "Deliver" or "delivery," means the actual or constructive transfer from one person to another of a substance, whether or not there is an agency relationship.
(g) "Department" means the department of health.
(h) "Dispense" means the interpretation of a prescription or order for a controlled substance and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery.
(i) "Dispenser" means a practitioner who dispenses.
(j) "Distribute" means to deliver other than by administering or dispensing a controlled substance.
(k) "Distributor" means a person who distributes.
(l) "Drug" means (1) a controlled substance recognized as a drug in the official United States pharmacopoeia/national formulary or the official homeopathic pharmacopoeia of the United States, or any supplement to them; (2) controlled substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in individuals or animals; (3) controlled substances (other than food) intended to affect the structure or any function of the body of individuals or animals; and (4) controlled substances intended for use as a component of any article specified in (1), (2), or (3) of this subsection. The term does not include devices or their components, parts, or accessories.
(m) "Drug enforcement administration" means the drug enforcement administration in the United States Department of Justice, or its successor agency.
(n) "Immediate precursor" means a substance:
(1) that the state board of pharmacy has found to be and by rule designates as being the principal compound commonly used, or produced primarily for use, in the manufacture of a controlled substance;
(2) that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance; and
(3) the control of which is necessary to prevent, curtail, or limit the manufacture of the controlled substance.
(o) "Isomer" means an optical isomer, but in RCW 69.50.101(r)(5), 69.50.204(a) (12) and (34), and 69.50.206(a)(4), the term includes any geometrical isomer; in RCW 69.50.204(a) (8) and (42), and 69.50.210(c) the term includes any positional isomer; and in RCW 69.50.204(a)(35), 69.50.204(c), and 69.50.208(a) the term includes any positional or geometric isomer.
(p) "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. The term does not include the preparation, compounding, packaging, repackaging, labeling, or relabeling of a controlled substance:
(1) by a practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of the practitioner's professional practice; or
(2) by a practitioner, or by the practitioner's authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.
(q) "Marijuana" or "marihuana" means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
(r) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(1) Opium, opium derivative, and any derivative of opium or opium derivative, including their salts, isomers, and salts of isomers, whenever the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation. The term does not include the isoquinoline alkaloids of opium.
(2) Synthetic opiate and any derivative of synthetic opiate, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, and salts is possible within the specific chemical designation.
(3) Poppy straw and concentrate of poppy straw.
(4) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives or ecgonine or their salts have been removed.
(5) Cocaine, or any salt, isomer, or salt of isomer thereof.
(6) Cocaine base.
(7) Ecgonine, or any derivative, salt, isomer, or salt of isomer thereof.
(8) Any compound, mixture, or preparation containing any quantity of any substance referred to in subparagraphs (1) through (7).
(s) "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. The term includes opium, substances derived from opium (opium derivatives), and synthetic opiates. The term does not include, unless specifically designated as controlled under RCW 69.50.201, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). The term includes the racemic and levorotatory forms of dextromethorphan.
(t) "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.
(u) "Person" means individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(v) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.
(w) "Practitioner" means:
(1) A physician under chapter 18.71 RCW, a physician assistant under chapter 18.71A RCW, an osteopathic physician and surgeon under chapter 18.57 RCW, a dentist under chapter 18.32 RCW, a podiatric physician and surgeon under chapter 18.22 RCW, a veterinarian under chapter 18.92 RCW, a registered nurse, advanced registered nurse practitioner, or licensed practical nurse under chapter ((18.88)) 18.-- RCW (sections 401 through 431 of this act), ((a licensed practical nurse under chapter 18.78 RCW,)) a pharmacist under chapter 18.64 RCW or a scientific investigator under this chapter, licensed, registered or otherwise permitted insofar as is consistent with those licensing laws to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of their professional practice or research in this state.
(2) A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state.
(3) A physician licensed to practice medicine and surgery, a physician licensed to practice osteopathy and surgery, a dentist licensed to practice dentistry, a podiatric physician and surgeon licensed to practice podiatric medicine and surgery, or a veterinarian licensed to practice veterinary medicine in any state of the United States.
(x) "Prescription" means an order for controlled substances issued by a practitioner duly authorized by law or rule in the state of Washington to prescribe controlled substances within the scope of his or her professional practice for a legitimate medical purpose.
(y) "Production" includes the manufacturing, planting, cultivating, growing, or harvesting of a controlled substance.
(z) "Secretary" means the secretary of health or the secretary's designee.
(aa) "State," unless the context otherwise requires, means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.
(bb) "Ultimate user" means an individual who lawfully possesses a controlled substance for the individual's own use or for the use of a member of the individual's household or for administering to an animal owned by the individual or by a member of the individual's household.
Sec. 840. RCW 69.50.402 and 1980 c 138 s 6 are each amended to read as follows:
(a) It is unlawful for any person:
(1) who is subject to Article III to distribute or dispense a controlled substance in violation of RCW 69.50.308;
(2) who is a registrant, to manufacture a controlled substance not authorized by his registration, or to distribute or dispense a controlled substance not authorized by his registration to another registrant or other authorized person;
(3) who is a practitioner, to prescribe, order, dispense, administer, supply, or give to any person:
(i) any amphetamine, including its salts, optical isomers, and salts of optical isomers classified as a schedule II controlled substance by the board of pharmacy pursuant to chapter 34.05 RCW; or
(ii) any nonnarcotic stimulant classified as a schedule II controlled substance and designated as a nonnarcotic stimulant by the board of pharmacy pursuant to chapter 34.05 RCW;
except for the treatment of narcolepsy or for the treatment of hyperkinesis, or for the treatment of drug-induced brain dysfunction, or for the treatment of epilepsy, or for the differential diagnostic psychiatric evaluation of depression, or for the treatment of depression shown to be refractory to other therapeutic modalities, or for the clinical investigation of the effects of such drugs or compounds, in which case an investigative protocol therefor shall have been submitted to and reviewed and approved by the state board of pharmacy before the investigation has been begun: PROVIDED, That the board of pharmacy, in consultation with the medical ((disciplinary board)) quality assurance commission and the osteopathic disciplinary board, may establish by rule, pursuant to chapter 34.05 RCW, disease states or conditions in addition to those listed in this subsection for the treatment of which Schedule II nonnarcotic stimulants may be prescribed, ordered, dispensed, administered, supplied, or given to patients by practitioners: AND PROVIDED, FURTHER, That investigations by the board of pharmacy of abuse of prescriptive authority by physicians, licensed pursuant to chapter 18.71 RCW, pursuant to subsection (a)(3) of this section shall be done in consultation with the medical ((disciplinary board)) quality assurance commission;
(4) to refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice, or information required under this chapter;
(5) to refuse an entry into any premises for any inspection authorized by this chapter; or
(6) knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place, which is resorted to by persons using controlled substances in violation of this chapter for the purpose of using these substances, or which is used for keeping or selling them in violation of this chapter.
(b) Any person who violates this section is guilty of a crime and upon conviction may be imprisoned for not more than two years, fined not more than two thousand dollars, or both.
Sec. 841. RCW 70.02.030 and 1993 c 448 s 3 are each amended to read as follows:
(1) A patient may authorize a health care provider to disclose the patient's health care information. A health care provider shall honor an authorization and, if requested, provide a copy of the recorded health care information unless the health care provider denies the patient access to health care information under RCW 70.02.090.
(2) A health care provider may charge a reasonable fee for providing the health care information and is not required to honor an authorization until the fee is paid.
(3) To be valid, a disclosure authorization to a health care provider shall:
(a) Be in writing, dated, and signed by the patient;
(b) Identify the nature of the information to be disclosed;
(c) Identify the name, address, and institutional affiliation of the person to whom the information is to be disclosed;
(d) Except for third-party payors, identify the provider who is to make the disclosure; and
(e) Identify the patient.
(4) Except as provided by this chapter, the signing of an authorization by a patient is not a waiver of any rights a patient has under other statutes, the rules of evidence, or common law.
(5) A health care provider shall retain each authorization or revocation in conjunction with any health care information from which disclosures are made. This requirement shall not apply to disclosures to third-party payors.
(6) Except for authorizations given pursuant to an agreement with a treatment or monitoring program or disciplinary authority under chapter ((18.72)) 18.71 or 18.130 RCW or to provide information to third-party payors, an authorization may not permit the release of health care information relating to future health care that the patient receives more than ninety days after the authorization was signed. Patients shall be advised of the period of validity of their authorization on the disclosure authorization form. If the authorization does not contain an expiration date, it expires ninety days after it is signed.
Sec. 842. RCW 70.41.200 and 1993 c 492 s 415 are each amended to read as follows:
(1) Every hospital shall maintain a coordinated quality improvement program for the improvement of the quality of health care services rendered to patients and the identification and prevention of medical malpractice. The program shall include at least the following:
(a) The establishment of a quality improvement committee with the responsibility to review the services rendered in the hospital, both retrospectively and prospectively, in order to improve the quality of medical care of patients and to prevent medical malpractice. The committee shall oversee and coordinate the quality improvement and medical malpractice prevention program and shall insure that information gathered pursuant to the program is used to review and to revise hospital policies and procedures;
(b) A medical staff privileges sanction procedure through which credentials, physical and mental capacity, and competence in delivering health care services are periodically reviewed as part of an evaluation of staff privileges;
(c) The periodic review of the credentials, physical and mental capacity, and competence in delivering health care services of all persons who are employed or associated with the hospital;
(d) A procedure for the prompt resolution of grievances by patients or their representatives related to accidents, injuries, treatment, and other events that may result in claims of medical malpractice;
(e) The maintenance and continuous collection of information concerning the hospital's experience with negative health care outcomes and incidents injurious to patients, patient grievances, professional liability premiums, settlements, awards, costs incurred by the hospital for patient injury prevention, and safety improvement activities;
(f) The maintenance of relevant and appropriate information gathered pursuant to (a) through (e) of this subsection concerning individual physicians within the physician's personnel or credential file maintained by the hospital;
(g) Education programs dealing with quality improvement, patient safety, injury prevention, staff responsibility to report professional misconduct, the legal aspects of patient care, improved communication with patients, and causes of malpractice claims for staff personnel engaged in patient care activities; and
(h) Policies to ensure compliance with the reporting requirements of this section.
(2) Any person who, in substantial good faith, provides information to further the purposes of the quality improvement and medical malpractice prevention program or who, in substantial good faith, participates on the quality improvement committee shall not be subject to an action for civil damages or other relief as a result of such activity.
(3) Information and documents, including complaints and incident reports, created specifically for, and collected, and maintained by a quality improvement committee are not subject to discovery or introduction into evidence in any civil action, and no person who was in attendance at a meeting of such committee or who participated in the creation, collection, or maintenance of information or documents specifically for the committee shall be permitted or required to testify in any civil action as to the content of such proceedings or the documents and information prepared specifically for the committee. This subsection does not preclude: (a) In any civil action, the discovery of the identity of persons involved in the medical care that is the basis of the civil action whose involvement was independent of any quality improvement activity; (b) in any civil action, the testimony of any person concerning the facts which form the basis for the institution of such proceedings of which the person had personal knowledge acquired independently of such proceedings; (c) in any civil action by a health care provider regarding the restriction or revocation of that individual's clinical or staff privileges, introduction into evidence information collected and maintained by quality improvement committees regarding such health care provider; (d) in any civil action, disclosure of the fact that staff privileges were terminated or restricted, including the specific restrictions imposed, if any and the reasons for the restrictions; or (e) in any civil action, discovery and introduction into evidence of the patient's medical records required by regulation of the department of health to be made regarding the care and treatment received.
(4) Each quality improvement committee shall, on at least a semiannual basis, report to the governing board of the hospital in which the committee is located. The report shall review the quality improvement activities conducted by the committee, and any actions taken as a result of those activities.
(5) The department of health shall adopt such rules as are deemed appropriate to effectuate the purposes of this section.
(6) The medical ((disciplinary board)) quality assurance commission or the board of osteopathic medicine and surgery, as appropriate, may review and audit the records of committee decisions in which a physician's privileges are terminated or restricted. Each hospital shall produce and make accessible to the commission or board the appropriate records and otherwise facilitate the review and audit. Information so gained shall not be subject to the discovery process and confidentiality shall be respected as required by subsection (3) of this section. Failure of a hospital to comply with this subsection is punishable by a civil penalty not to exceed two hundred fifty dollars.
(7) Violation of this section shall not be considered negligence per se.
Sec. 843. RCW 70.41.210 and 1986 c 300 s 7 are each amended to read as follows:
The chief administrator or executive officer of a hospital shall report to the ((board)) medical quality assurance commission when a physician's clinical privileges are terminated or are restricted based on a determination, in accordance with an institution's bylaws, that a physician has either committed an act or acts which may constitute unprofessional conduct. The officer shall also report if a physician accepts voluntary termination in order to foreclose or terminate actual or possible hospital action to suspend, restrict, or terminate a physician's clinical privileges. Such a report shall be made within sixty days of the date action was taken by the hospital's peer review committee or the physician's acceptance of voluntary termination or restriction of privileges. Failure of a hospital to comply with this section is punishable by a civil penalty not to exceed two hundred fifty dollars.
Sec. 844. RCW 70.41.230 and 1993 c 492 s 416 are each amended to read as follows:
(1) Prior to granting or renewing clinical privileges or association of any physician or hiring a physician, a hospital or facility approved pursuant to this chapter shall request from the physician and the physician shall provide the following information:
(a) The name of any hospital or facility with or at which the physician had or has any association, employment, privileges, or practice;
(b) If such association, employment, privilege, or practice was discontinued, the reasons for its discontinuation;
(c) Any pending professional medical misconduct proceedings or any pending medical malpractice actions in this state or another state, the substance of the allegations in the proceedings or actions, and any additional information concerning the proceedings or actions as the physician deems appropriate;
(d) The substance of the findings in the actions or proceedings and any additional information concerning the actions or proceedings as the physician deems appropriate;
(e) A waiver by the physician of any confidentiality provisions concerning the information required to be provided to hospitals pursuant to this subsection; and
(f) A verification by the physician that the information provided by the physician is accurate and complete.
(2) Prior to granting privileges or association to any physician or hiring a physician, a hospital or facility approved pursuant to this chapter shall request from any hospital with or at which the physician had or has privileges, was associated, or was employed, the following information concerning the physician:
(a) Any pending professional medical misconduct proceedings or any pending medical malpractice actions, in this state or another state;
(b) Any judgment or settlement of a medical malpractice action and any finding of professional misconduct in this state or another state by a licensing or disciplinary board; and
(c) Any information required to be reported by hospitals pursuant to RCW 18.72.265 (as recodified by this act).
(3) The medical ((disciplinary board)) quality assurance commission shall be advised within thirty days of the name of any physician denied staff privileges, association, or employment on the basis of adverse findings under subsection (1) of this section.
(4) A hospital or facility that receives a request for information from another hospital or facility pursuant to subsections (1) and (2) of this section shall provide such information concerning the physician in question to the extent such information is known to the hospital or facility receiving such a request, including the reasons for suspension, termination, or curtailment of employment or privileges at the hospital or facility. A hospital, facility, or other person providing such information in good faith is not liable in any civil action for the release of such information.
(5) Information and documents, including complaints and incident reports, created specifically for, and collected, and maintained by a quality improvement committee are not subject to discovery or introduction into evidence in any civil action, and no person who was in attendance at a meeting of such committee or who participated in the creation, collection, or maintenance of information or documents specifically for the committee shall be permitted or required to testify in any civil action as to the content of such proceedings or the documents and information prepared specifically for the committee. This subsection does not preclude: (a) In any civil action, the discovery of the identity of persons involved in the medical care that is the basis of the civil action whose involvement was independent of any quality improvement activity; (b) in any civil action, the testimony of any person concerning the facts which form the basis for the institution of such proceedings of which the person had personal knowledge acquired independently of such proceedings; (c) in any civil action by a health care provider regarding the restriction or revocation of that individual's clinical or staff privileges, introduction into evidence information collected and maintained by quality improvement committees regarding such health care provider; (d) in any civil action, disclosure of the fact that staff privileges were terminated or restricted, including the specific restrictions imposed, if any and the reasons for the restrictions; or (e) in any civil action, discovery and introduction into evidence of the patient's medical records required by regulation of the department of health to be made regarding the care and treatment received.
(6) Hospitals shall be granted access to information held by the medical ((disciplinary board)) quality assurance commission and the board of osteopathic medicine and surgery pertinent to decisions of the hospital regarding credentialing and recredentialing of practitioners.
(7) Violation of this section shall not be considered negligence per se.
Sec. 845. RCW 70.127.250 and 1993 c 42 s 10 are each amended to read as follows:
(1) In addition to the rules consistent with RCW 70.127.005 adopted under RCW 70.127.120, the department shall adopt rules for home health agencies which address the following:
(a) Establishment of case management guidelines for acute and maintenance care patients;
(b) Establishment of guidelines for periodic review of the home health care plan of care and plan of treatment by appropriate health care professionals; and
(c) Maintenance of written policies regarding the delivery and supervision of patient care and clinical consultation as necessary by appropriate health care professionals.
(2) As used in this section:
(a) "Acute care" means care provided by a home health agency for patients who are not medically stable or have not attained a satisfactory level of rehabilitation. These patients require frequent monitoring by a health care professional in order to maintain their health status.
(b) "Maintenance care" means care provided by home health agencies that is necessary to support an existing level of health and to preserve a patient from further failure or decline.
(c) "Home health plan of care" means a written plan of care established by a home health agency by appropriate health care professionals that describes maintenance care to be provided. A patient or his or her representative shall be allowed to participate in the development of the plan of care to the extent practicable.
(d) "Home health plan of treatment" means a written plan of care established by a physician licensed under chapter 18.57 or 18.71 RCW, a podiatric physician and surgeon licensed under chapter 18.22 RCW, or an advanced registered nurse practitioner as authorized by the ((board of)) nursing care quality assurance commission under chapter ((18.88)) 18.-- RCW (sections 401 through 431 of this act), in consultation with appropriate health care professionals within the agency that describes medically necessary acute care to be provided for treatment of illness or injury.
Sec. 846. RCW 70.180.030 and 1990 c 271 s 3 are each amended to read as follows:
(1) The department, in cooperation with (([the])) the University of Washington school of medicine, the state's registered nursing programs, the state's pharmacy programs, and other appropriate public and private agencies and associations, shall develop and keep current a register of physicians, physician assistants, pharmacists, and advanced registered nurse practitioners who are available to practice on a short-term basis in rural communities of the state. The department shall periodically screen individuals on the registry for violations of the Uniform Disciplinary Act as authorized in chapter 18.130 RCW. If a finding of unprofessional conduct has been made by the appropriate disciplinary authority against any individual on the registry, the name of that individual shall be removed from the registry and that person shall be made ineligible for the program. The department shall include a list of back-up physicians and hospitals who can provide support to health care providers in the pool. The register shall be compiled, published, and made available to all rural hospitals, public health departments and districts, rural pharmacies, and other appropriate public and private agencies and associations. The department shall coordinate with existing entities involved in health professional recruitment when developing the registry for the health professional temporary substitute resource pool.
(2) Eligible health care professionals are those licensed under chapters 18.57, 18.57A, 18.64, 18.71, and 18.71A RCW and advanced registered nurse practitioners licensed under chapter ((18.88)) 18.-- RCW (sections 401 through 431 of this act).
(3) Participating health care professionals shall receive:
(a) Reimbursement for travel to and from the rural community and for lodging at a rate determined under RCW 43.03.050 and 43.03.060;
(b) Medical malpractice insurance purchased by the department, or the department may reimburse participants for medical malpractice insurance premium costs for medical liability while providing health care services in the program, if the services provided are not covered by the participant's or local provider's existing medical malpractice insurance; and
(c) Information on back-up support from other physicians and hospitals in the area to the extent necessary and available.
(4) The department may require rural communities to participate in health professional recruitment programs as a condition for providing a temporary substitute health care professional if the community does not have adequate permanent health care personnel. To the extent deemed appropriate and subject to funding, the department may also require communities to participate in other programs or projects, such as the rural health system project authorized in chapter 70.175 RCW, that are designed to assist communities to reorganize the delivery of rural health care services.
(5) The department may require a community match for assistance provided in subsection (3) of this section if it determines that adequate community resources exist.
(6) The maximum continuous period of time a participating health professional may serve in a community is ninety days. The department may modify or waive this limitation should it determine that the health and safety of the community warrants a waiver or modification. The community shall be responsible for all salary expenses of participating health professionals.
Sec. 847. RCW 71.05.210 and 1991 c 364 s 11 and 1991 c 105 s 4 are each reenacted and amended to read as follows:
Each person involuntarily admitted to an evaluation and treatment facility shall, within twenty-four hours of his or her admission, be examined and evaluated by a licensed physician who may be assisted by a physician assistant according to chapter 18.71A RCW or ((a)) an advanced registered nurse practitioner according to chapter ((18.88)) 18.-- RCW (sections 401 through 431 of this act) and a mental health professional as defined in this chapter, and shall receive such treatment and care as his or her condition requires including treatment on an outpatient basis for the period that he or she is detained, except that, beginning twenty-four hours prior to a court proceeding, the individual may refuse all but emergency life-saving treatment, and the individual shall be informed at an appropriate time of his or her right to such refusal of treatment. Such person shall be detained up to seventy-two hours, if, in the opinion of the professional person in charge of the facility, or his or her professional designee, the person presents a likelihood of serious harm to himself or herself or others, or is gravely disabled. A person who has been detained for seventy-two hours shall no later than the end of such period be released, unless referred for further care on a voluntary basis, or detained pursuant to court order for further treatment as provided in this chapter.
If, after examination and evaluation, the licensed physician and mental health professional determine that the initial needs of the person would be better served by placement in a chemical dependency treatment facility, then the person shall be referred to an approved treatment program defined under RCW 70.96A.020.
An evaluation and treatment center admitting any person pursuant to this chapter whose physical condition reveals the need for hospitalization shall assure that such person is transferred to an appropriate hospital for treatment. Notice of such fact shall be given to the court, the designated attorney, and the designated county mental health professional and the court shall order such continuance in proceedings under this chapter as may be necessary, but in no event may this continuance be more than fourteen days.
Sec. 848. RCW 71.24.025 and 1991 c 306 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Acutely mentally ill" means a condition which is limited to a short-term severe crisis episode of:
(a) A mental disorder as defined in RCW 71.05.020(2) or, in the case of a child, as defined in RCW 71.34.020(12);
(b) Being gravely disabled as defined in RCW 71.05.020(1) or, in the case of a child, as defined in RCW 71.34.020(8); or
(c) Presenting a likelihood of serious harm as defined in RCW 71.05.020(3) or, in the case of a child, as defined in RCW 71.34.020(11).
(2) "Available resources" means those funds which shall be appropriated under this chapter by the legislature during any biennium for the purpose of providing community mental health programs under RCW 71.24.045. When regional support networks are established or after July 1, 1995, "available resources" means federal funds, except those provided according to Title XIX of the Social Security Act, and state funds appropriated under this chapter or chapter 71.05 RCW by the legislature during any biennium for the purpose of providing residential services, resource management services, community support services, and other mental health services. This does not include funds appropriated for the purpose of operating and administering the state psychiatric hospitals, except as negotiated according to RCW 71.24.300(1)(d).
(3) "Licensed service provider" means an entity licensed according to this chapter or chapter 71.05 RCW that meets state minimum standards or individuals licensed under chapter 18.57, 18.71, 18.83, or ((18.88 RCW)) 18.-- RCW (sections 401 through 431 of this act), as it applies to registered nurses and advanced registered nurse practitioners.
(4) "Child" means a person under the age of eighteen years.
(5) "Chronically mentally ill adult" means an adult who has a mental disorder and meets at least one of the following criteria:
(a) Has undergone two or more episodes of hospital care for a mental disorder within the preceding two years; or
(b) Has experienced a continuous psychiatric hospitalization or residential treatment exceeding six months' duration within the preceding year; or
(c) Has been unable to engage in any substantial gainful activity by reason of any mental disorder which has lasted for a continuous period of not less than twelve months. "Substantial gainful activity" shall be defined by the department by rule consistent with Public Law 92-603, as amended.
(6) "Severely emotionally disturbed child" means an infant or child who has been determined by the regional support network to be experiencing a mental disorder as defined in chapter 71.34 RCW, including those mental disorders that result in a behavioral or conduct disorder, that is clearly interfering with the child's functioning in family or school or with peers and who meets at least one of the following criteria:
(a) Has undergone inpatient treatment or placement outside of the home related to a mental disorder within the last two years;
(b) Has undergone involuntary treatment under chapter 71.34 RCW within the last two years;
(c) Is currently served by at least one of the following child-serving systems: Juvenile justice, child-protection/welfare, special education, or developmental disabilities;
(d) Is at risk of escalating maladjustment due to:
(i) Chronic family dysfunction involving a mentally ill or inadequate caretaker;
(ii) Changes in custodial adult;
(iii) Going to, residing in, or returning from any placement outside of the home, for example, psychiatric hospital, short-term inpatient, residential treatment, group or foster home, or a correctional facility;
(iv) Subject to repeated physical abuse or neglect;
(v) Drug or alcohol abuse; or
(vi) Homelessness.
(7) "Community mental health program" means all mental health services established by a county authority. After July 1, 1995, or when the regional support networks are established, "community mental health program" means all activities or programs using available resources.
(8) "Community support services" means services for acutely mentally ill persons, chronically mentally ill adults, and severely emotionally disturbed children and includes: (a) Discharge planning for clients leaving state mental hospitals, other acute care inpatient facilities, inpatient psychiatric facilities for persons under twenty-one years of age, and other children's mental health residential treatment facilities; (b) sufficient contacts with clients, families, schools, or significant others to provide for an effective program of community maintenance; and (c) medication monitoring. After July 1, 1995, or when regional support networks are established, for adults and children "community support services" means services authorized, planned, and coordinated through resource management services including, at least, assessment, diagnosis, emergency crisis intervention available twenty-four hours, seven days a week, prescreening determinations for mentally ill persons being considered for placement in nursing homes as required by federal law, screening for patients being considered for admission to residential services, diagnosis and treatment for acutely mentally ill and severely emotionally disturbed children discovered under screening through the federal Title XIX early and periodic screening, diagnosis, and treatment program, investigation, legal, and other nonresidential services under chapter 71.05 RCW, case management services, psychiatric treatment including medication supervision, counseling, psychotherapy, assuring transfer of relevant patient information between service providers, other services determined by regional support networks, and maintenance of a patient tracking system for chronically mentally ill adults and severely emotionally disturbed children.
(9) "County authority" means the board of county commissioners, county council, or county executive having authority to establish a community mental health program, or two or more of the county authorities specified in this subsection which have entered into an agreement to provide a community mental health program.
(10) "Department" means the department of social and health services.
(11) "Mental health services" means community services pursuant to RCW 71.24.035(5)(b) and other services provided by the state for the mentally ill. When regional support networks are established, or after July 1, 1995, "mental health services" shall include all services provided by regional support networks.
(12) "Mentally ill persons" and "the mentally ill" mean persons and conditions defined in subsections (1), (5), (6), and (16) of this section.
(13) "Regional support network" means a county authority or group of county authorities recognized by the secretary that enter into joint operating agreements to contract with the secretary pursuant to this chapter.
(14) "Residential services" means a facility or distinct part thereof which provides food and shelter, and may include treatment services.
When regional support networks are established, or after July 1, 1995, for adults and children "residential services" means a complete range of residences and supports authorized by resource management services and which may involve a facility, a distinct part thereof, or services which support community living, for acutely mentally ill persons, chronically mentally ill adults, severely emotionally disturbed children, or seriously disturbed adults determined by the regional support network to be at risk of becoming acutely or chronically mentally ill. The services shall include at least evaluation and treatment services as defined in chapter 71.05 RCW, acute crisis respite care, long-term adaptive and rehabilitative care, and supervised and supported living services, and shall also include any residential services developed to service mentally ill persons in nursing homes. Residential services for children in out-of-home placements related to their mental disorder shall not include the costs of food and shelter, except for children's long-term residential facilities existing prior to January 1, 1991.
(15) "Resource management services" mean the planning, coordination, and authorization of residential services and community support services administered pursuant to an individual service plan for acutely mentally ill adults and children, chronically mentally ill adults, severely emotionally disturbed children, or seriously disturbed adults determined by the regional support network at their sole discretion to be at risk of becoming acutely or chronically mentally ill. Such planning, coordination, and authorization shall include mental health screening for children eligible under the federal Title XIX early and periodic screening, diagnosis, and treatment program. Resource management services include seven day a week, twenty-four hour a day availability of information regarding mentally ill adults' and children's enrollment in services and their individual service plan to county-designated mental health professionals, evaluation and treatment facilities, and others as determined by the regional support network.
(16) "Seriously disturbed person" means a person who:
(a) Is gravely disabled or presents a likelihood of serious harm to oneself or others as a result of a mental disorder as defined in chapter 71.05 RCW;
(b) Has been on conditional release status at some time during the preceding two years from an evaluation and treatment facility or a state mental health hospital;
(c) Has a mental disorder which causes major impairment in several areas of daily living;
(d) Exhibits suicidal preoccupation or attempts; or
(e) Is a child diagnosed by a mental health professional, as defined in RCW 71.05.020, as experiencing a mental disorder which is clearly interfering with the child's functioning in family or school or with peers or is clearly interfering with the child's personality development and learning.
(17) "Secretary" means the secretary of social and health services.
(18) "State minimum standards" means: (a) Minimum requirements for delivery of mental health services as established by departmental rules and necessary to implement this chapter, including but not limited to licensing service providers and services; (b) minimum service requirements for licensed service providers for the provision of mental health services as established by departmental rules pursuant to chapter 34.05 RCW as necessary to implement this chapter, including, but not limited to: Qualifications for staff providing services directly to mentally ill persons; the intended result of each service; and the rights and responsibilities of persons receiving mental health services pursuant to this chapter; (c) minimum requirements for residential services as established by the department in rule based on clients' functional abilities and not solely on their diagnoses, limited to health and safety, staff qualifications, and program outcomes. Minimum requirements for residential services are those developed in collaboration with consumers, families, counties, regulators, and residential providers serving the mentally ill. Minimum requirements encourage the development of broad-range residential programs, including integrated housing and cross-systems programs where appropriate, and do not unnecessarily restrict programming flexibility; and (d) minimum standards for community support services and resource management services, including at least qualifications for resource management services, client tracking systems, and the transfer of patient information between service providers.
Sec. 849. RCW 74.09.290 and 1990 c 100 s 5 are each amended to read as follows:
The secretary of the department of social and health services or his authorized representative shall have the authority to:
(1) Conduct audits and investigations of providers of medical and other services furnished pursuant to this chapter, except that the Washington state medical ((disciplinary board)) quality assurance commission shall generally serve in an advisory capacity to the secretary in the conduct of audits or investigations of physicians. Any overpayment discovered as a result of an audit of a provider under this authority shall be offset by any underpayments discovered in that same audit sample. In order to determine the provider's actual, usual, customary, or prevailing charges, the secretary may examine such random representative records as necessary to show accounts billed and accounts received except that in the conduct of such examinations, patient names, other than public assistance applicants or recipients, shall not be noted, copied, or otherwise made available to the department. In order to verify costs incurred by the department for treatment of public assistance applicants or recipients, the secretary may examine patient records or portions thereof in connection with services to such applicants or recipients rendered by a health care provider, notwithstanding the provisions of RCW 5.60.060, 18.53.200, 18.83.110, or any other statute which may make or purport to make such records privileged or confidential: PROVIDED, That no original patient records shall be removed from the premises of the health care provider, and that the disclosure of any records or information by the department of social and health services is prohibited and shall be punishable as a class C felony according to chapter 9A.20 RCW, unless such disclosure is directly connected to the official purpose for which the records or information were obtained: PROVIDED FURTHER, That the disclosure of patient information as required under this section shall not subject any physician or other health services provider to any liability for breach of any confidential relationship between the provider and the patient, but no evidence resulting from such disclosure may be used in any civil, administrative, or criminal proceeding against the patient unless a waiver of the applicable evidentiary privilege is obtained: PROVIDED FURTHER, That the secretary shall destroy all copies of patient medical records in their possession upon completion of the audit, investigation or proceedings;
(2) Approve or deny applications to participate as a provider of services furnished pursuant to this chapter;
(3) Terminate or suspend eligibility to participate as a provider of services furnished pursuant to this chapter; and
(4) Adopt, promulgate, amend, and ((rescind)) repeal administrative rules ((and regulations)), in accordance with the Administrative Procedure Act, chapter 34.05 RCW, to carry out the policies and purposes of RCW 74.09.200 through 74.09.290.
Sec. 850. RCW 74.42.010 and 1993 c 508 s 4 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Department" means the department of social and health services and the department's employees.
(2) "Facility" refers to a nursing home as defined in RCW 18.51.010.
(3) "Licensed practical nurse" means a person licensed to practice practical nursing under chapter ((18.78)) 18.-- RCW (sections 401 through 431 of this act).
(4) "Medicaid" means Title XIX of the Social Security Act enacted by the social security amendments of 1965 (42 U.S.C. Sec. 1396; 79 Stat. 343), as amended.
(5) "Nursing care" means that care provided by a registered nurse, an advanced registered nurse practitioner, a licensed practical nurse, or a nursing assistant in the regular performance of their duties.
(6) "Qualified therapist" means:
(a) An activities specialist who has specialized education, training, or experience specified by the department.
(b) An audiologist who is eligible for a certificate of clinical competence in audiology or who has the equivalent education and clinical experience.
(c) A mental health professional as defined in chapter 71.05 RCW.
(d) A mental retardation professional who is a qualified therapist or a therapist approved by the department and has specialized training or one year experience in treating or working with the mentally retarded or developmentally disabled.
(e) An occupational therapist who is a graduate of a program in occupational therapy or who has equivalent education or training.
(f) A physical therapist as defined in chapter 18.74 RCW.
(g) A social worker who is a graduate of a school of social work.
(h) A speech pathologist who is eligible for a certificate of clinical competence in speech pathology or who has equivalent education and clinical experience.
(7) "Registered nurse" means a person ((practicing)) licensed to practice registered nursing under chapter ((18.88)) 18.-- RCW (sections 401 through 431 of this act).
(8) "Resident" means an individual residing in a nursing home, as defined in RCW 18.51.010.
(9) "Physician(('s)) assistant" means a person practicing pursuant to chapters 18.57A and 18.71A RCW.
(10) "Nurse practitioner" means a person ((practicing such expanded acts of nursing as are authorized by the board of nursing pursuant to RCW 18.88.030)) licensed to practice advanced registered nursing under chapter 18.-- RCW (sections 401 through 431 of this act).
Sec. 851. RCW 74.42.230 and 1982 c 120 s 2 are each amended to read as follows:
(1) The resident's attending or staff physician or authorized practitioner approved by the attending physician shall order all medications for the resident. The order may be oral or written and shall be limited by time. An "authorized practitioner," as used in this section, is a registered nurse under chapter ((18.88)) 18.-- RCW (sections 401 through 431 of this act) when authorized by the ((board of)) nursing care quality assurance commission, an osteopathic physician(('s)) assistant under chapter 18.57A RCW when authorized by the committee of osteopathic examiners, or a physician(('s)) assistant under chapter 18.71A RCW when authorized by the ((board of)) medical ((examiners)) quality assurance commission.
(2) An oral order shall be given only to a licensed nurse, pharmacist, or another physician. The oral order shall be recorded and signed immediately by the person receiving the order. The attending physician shall sign the record of the oral order in a manner consistent with good medical practice.
Sec. 852. RCW 74.42.240 and 1989 c 372 s 5 are each amended to read as follows:
(1) No staff member may administer any medication to a resident unless the staff member is licensed to administer medication: PROVIDED, That nothing herein shall be construed as prohibiting graduate nurses or student nurses from administering medications when permitted to do so under chapter ((18.88 or 18.78)) 18.-- RCW (sections 401 through 431 of this act) and rules adopted thereunder.
(2) The facility may only allow a resident to give himself or herself medication with the attending physician's permission.
(3) Medication shall only be administered to or used by the resident for whom it is ordered.
Sec. 853. RCW 74.42.380 and 1989 c 372 s 6 are each amended to read as follows:
(1) The facility shall have a director of nursing services. The director of nursing services shall be a registered nurse or an advanced registered nurse practitioner.
(2) The director of nursing services is responsible for:
(a) Coordinating the plan of care for each resident;
(b) Permitting only licensed personnel to administer medications: PROVIDED, That nothing herein shall be construed as prohibiting graduate nurses or student nurses from administering medications when permitted to do so under chapter ((18.88 or 18.78)) 18.-- RCW (sections 401 through 431 of this act) and rules ((promulgated pursuant thereto)) adopted under it: PROVIDED FURTHER, That nothing herein shall be construed as prohibiting persons certified under chapter 18.135 RCW from practicing pursuant to the delegation and supervision requirements of chapter 18.135 RCW and rules ((promulgated pursuant thereto)) adopted under it; and
(c) Insuring that the licensed practical nurses ((comply with chapter 18.78 RCW,)) and the registered nurses comply with chapter ((18.88)) 18.-- RCW (sections 401 through 431 of this act), and persons certified under chapter 18.135 RCW comply with the provisions of that chapter and rules ((promulgated pursuant thereto)) adopted under it.
DISABILITY ACCOMMODATION REVOLVING FUND ADVISORY REVIEW BOARD
Sec. 901. RCW 41.04.395 and 1987 c 9 s 2 are each amended to read as follows:
(1) The disability accommodation revolving fund is created in the custody of the state treasurer. Disbursements from the fund shall be on authorization of the director of the department of personnel or the director's designee. The fund is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements. The fund shall be used exclusively by state agencies to accommodate the unanticipated job site or equipment needs of persons of disability in state employ.
(2) The director of the department of personnel shall ((appoint an advisory review board to review and approve)) consult with the governor's committee on disability issues and employment regarding requests for disbursements from the disability accommodation revolving fund. The ((review board)) department shall establish application procedures, adopt criteria, and provide technical assistance to users of the fund.
(3) Agencies that receive moneys from the disability accommodation revolving fund shall return to the fund the amount received from the fund by no later than the end of the first month of the following fiscal biennium.
MOTOR VEHICLE ADVISORY COMMITTEE
Sec. 902. RCW 43.19.558 and 1989 c 57 s 5 are each amended to read as follows:
The motor transport account shall be used to pay the costs of carrying out the programs provided for in RCW 43.19.550 through 43.19.558, unless otherwise specified by law. The director of general administration may recover the costs of the programs by billing agencies that own and operate passenger motor vehicles on the basis of a per vehicle charge. The director of general administration, after consultation with affected state agencies ((and recommendation of the motor vehicle advisory committee)), shall establish the rates. All rates shall be approved by the director of financial management. The proceeds generated by these charges shall be used solely to carry out RCW 43.19.550 through 43.19.558.
Sec. 903. RCW 43.19.554 and 1990 c 75 s 1 are each amended to read as follows:
(1) To carry out the purposes of RCW 43.19.550 through 43.19.558 and 46.08.065, the director of general administration has the following powers and duties:
(a) To develop and implement a state-wide information system to collect, analyze, and disseminate data on the acquisition, operation, management, maintenance, repair, disposal, and replacement of all state-owned passenger motor vehicles. State agencies shall provide the department with such data as is necessary to implement and maintain the system. The department shall provide state agencies with information and reports designed to assist them in achieving efficient and cost-effective management of their passenger motor vehicle operations.
(b) To survey state agencies to identify the location, ownership, and condition of all state-owned fuel storage tanks.
(c) In cooperation with the department of ecology and other public agencies, to prepare a plan and funding proposal for the inspection and repair or replacement of state-owned fuel storage tanks, and for the clean-up of fuel storage sites where leakage has occurred. The plan and funding proposal shall be submitted to the governor no later than December 1, 1989.
(d) To develop and implement a state-wide motor vehicle fuel purchase, distribution, and accounting system to be used by all state agencies and their employees. The director may exempt agencies from participation in the system if the director determines that participation interferes with the statutory duties of the agency.
(e) To establish minimum standards and requirements for the content and frequency of safe driving instruction for state employees operating state-owned passenger motor vehicles, which shall include consideration of employee driving records. In carrying out this requirement, the department shall consult with other agencies that have expertise in this area.
(f) To develop a schedule, after consultation with ((the state motor vehicle advisory committee and)) affected state agencies, for state employees to participate in safe driving instruction.
(g) To require all state employees to provide proof of a driver's license recognized as valid under Washington state law prior to operating a state-owned passenger vehicle.
(h) To develop standards for the efficient and economical replacement of all categories of passenger motor vehicles used by state agencies and provide those standards to state agencies and the office of financial management.
(i) To develop and implement a uniform system and standards to be used for the marking of passenger motor vehicles as state-owned vehicles as provided for in RCW 46.08.065. The system shall be designed to enhance the resale value of passenger motor vehicles, yet ensure that the vehicles are clearly identified as property of the state.
(j) To develop and implement other programs to improve the performance, efficiency, and cost-effectiveness of passenger motor vehicles owned and operated by state agencies.
(k) To consult with state agencies and institutions of higher education in carrying out RCW 43.19.550 through 43.19.558.
(2) The director shall establish an operational unit within the department to carry out subsection (1) of this section. The director shall employ such personnel as are necessary to carry out RCW 43.19.550 through 43.19.558. Not more than three employees within the unit may be exempt from chapter 41.06 RCW.
(3) No later than December 31, 1992, the director shall report to the governor and appropriate standing committees of the legislature on the implementation of programs prescribed by this section, any cost savings and efficiencies realized by their implementation, and recommendations for statutory changes.
SOLID WASTE PLAN ADVISORY COMMITTEE
NEW SECTION. Sec. 904. The director of ecology shall abolish the solid waste plan advisory committee effective July 1, 1994.
POLLUTION LIABILITY INSURANCE PROGRAM TECHNICAL ADVISORY COMMITTEE
Sec. 905. RCW 70.148.030 and 1990 c 64 s 4 are each amended to read as follows:
(1) The Washington pollution liability insurance program is created as an independent agency of the state. The administrative head and appointing authority of the program shall be the director who shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The salary for this office shall be set by the governor pursuant to RCW 43.03.040. The director shall appoint a deputy director. The director, deputy director, and up to three other employees are exempt from the civil service law, chapter 41.06 RCW.
(2) The director shall employ such other staff as are necessary to fulfill the responsibilities and duties of the director. The staff is subject to the civil service law, chapter 41.06 RCW. In addition, the director may contract with third parties for services necessary to carry out its activities where this will promote economy, avoid duplication of effort, and make best use of available expertise. To the extent necessary to protect the state from unintended liability and ensure quality program and contract design, the director shall contract with an organization or organizations with demonstrated experience and ability in managing and designing pollution liability insurance and with an organization or organizations with demonstrated experience and ability in managing and designing pollution liability reinsurance. The director shall enter into such contracts after competitive bid but need not select the lowest bid. Any such contractor or consultant is prohibited from releasing, publishing, or otherwise using any information made available to it under its contractual responsibility without specific permission of the program director. The director may call upon other agencies of the state to provide technical support and available information as necessary to assist the director in meeting the director's responsibilities under this chapter. Agencies shall supply this support and information as promptly as circumstances permit.
(3) ((The governor shall appoint a standing technical advisory committee that is representative of the public, the petroleum marketing industry, business and local government owners of underground storage tanks, and insurance professionals. Individuals appointed to the technical advisory committee shall serve at the pleasure of the governor and without compensation for their services as members, but may be reimbursed for their travel expenses in accordance with RCW 43.03.050 and 43.03.060.
(4) A member of the technical advisory committee of the program is not civilly liable for any act or omission in the course and scope of his or her official capacity unless the act or omission constitutes gross negligence.)) The director may appoint ad hoc technical advisory committees to obtain expertise necessary to fulfill the purposes of this chapter.
OFFICE OF RURAL HEALTH ADVISORY COMMITTEE
Sec. 906. RCW 70.175.030 and 1989 1st ex.s. c 9 s 703 are each amended to read as follows:
(1) The department shall establish the Washington rural health system project to provide financial and technical assistance to participants. The goal of the project is to help assure access to affordable health care services to citizens in the rural areas of Washington state.
(2) Administrative costs necessary to implement this project shall be kept at a minimum to insure the maximum availability of funds for participants.
(3) ((The secretary may appoint such technical or advisory committees as he or she deems necessary consistent with the provisions of RCW 43.70.040. In appointing an advisory committee the secretary should assure representation by health care professionals, health care providers, and those directly involved in the purchase, provision, or delivery of health care services as well as consumers, rural community leaders, and those knowledgeable of the issues involved with health care public policy. Individuals appointed to any technical advisory committee shall serve without compensation for their services as members, but may be reimbursed for their travel expenses pursuant to RCW 43.03.050 and 43.03.060.
(4))) The secretary may contract with third parties for services necessary to carry out activities to implement this chapter where this will promote economy, avoid duplication of effort, and make the best use of available expertise.
(((5))) (4) The secretary may apply for, receive, and accept gifts and other payments, including property and service, from any governmental or other public or private entity or person, and may make arrangements as to the use of these receipts, including the undertaking of special studies and other projects related to the delivery of health care in rural areas.
(((6))) (5) In designing and implementing the project the secretary shall consider the report of the Washington rural health care commission established under chapter 207, Laws of 1988. Nothing in this chapter requires the secretary to follow any specific recommendation contained in that report except as it may also be included in this chapter.
FISHERIES ADVISORY REVIEW BOARDS
Sec. 907. RCW 75.30.050 and 1993 c 376 s 9 and 1993 c 240 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))) (b) 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))) (c) The commercial sea urchin fishery in cases involving sea urchin dive fishery licenses;
(((g))) (d) The commercial sea cucumber fishery in cases involving sea cucumber dive fishery licenses; and
(((h))) (e) The commercial ocean pink shrimp industry (Pandalus jordani) in cases involving ocean pink shrimp delivery 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.
FISHERIES REGIONAL ADVISORY COMMITTEES
NEW SECTION. Sec. 908. A new section is added to chapter 75.30 RCW to read as follows:
The director of the department of fish and wildlife shall abolish the department's regional advisory committees, effective July 1, 1994.
OIL AND GAS CONSERVATION COMMITTEE
Sec. 909. RCW 78.52.010 and 1983 c 253 s 2 are each amended to read as follows:
For the purposes of this chapter, unless the text otherwise requires, the following terms shall have the following meanings:
(1) "Certificate of clearance" means a permit prescribed by the ((committee)) department for the transportation or the delivery of oil, gas, or product.
(2) "((Committee)) Department" means the ((oil and gas conservation committee)) department of natural resources.
(3) "Development unit" means the maximum area of a pool which may be drained efficiently and economically by one well.
(4) "Division order" means an instrument showing percentage of royalty or rental divisions among royalty owners.
(5) "Fair and reasonable share of the production" means, as to each separately-owned tract or combination of tracts, that part of the authorized production from a pool that is substantially in the proportion that the amount of recoverable oil or gas under the development unit of that separately-owned tract or tracts bears to the recoverable oil or gas or both in the total of the development units in the pool.
(6) "Field" means the general area which is underlaid by at least one pool and includes the underground reservoir or reservoirs containing oil or gas, or both. The words "field" and "pool" mean the same thing when only one underground reservoir is involved; however, "field," unlike "pool," may relate to two or more pools.
(7) "Gas" means all natural gas, all gaseous substances, and all other fluid or gaseous hydrocarbons not defined as oil in subsection (12) of this section, including but not limited to wet gas, dry gas, residue gas, condensate, and distillate, as those terms are generally understood in the petroleum industry.
(8) "Illegal oil" or "illegal gas" means oil or gas that has been produced from any well within the state in violation of this chapter or any rule or order of the ((committee)) department.
(9) "Illegal product" means any product derived in whole or part from illegal oil or illegal gas.
(10) "Interested person" means a person with an ownership, basic royalty, or leasehold interest in oil or gas within an existing or proposed development unit or unitized pool.
(11) "Lessee" means the lessee under an oil and gas lease, or the owner of any land or mineral rights who has the right to conduct or carry on any oil and gas development, exploration and operation thereon, or any person so operating for himself, herself, or others.
(12) "Oil" means crude petroleum, oil, and all hydrocarbons, regardless of gravity, that are in the liquid phase in the original reservoir conditions and are produced and recovered at the wellhead in liquid form.
(13) "Operator" means the person who operates a well or unit or who has been designated or accepted by the owners to operate the well or unit, and who is responsible for compliance with the ((committee's)) department's rules and policies.
(14) "Owner" means the person who has the right to develop, operate, drill into, and produce from a pool and to appropriate the oil or gas that he or she produces therefrom, either for that person or for that person and others.
(15) "Person" means any natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, or representative of any kind and includes any governmental or political subdivision or any agency thereof.
(16) "Pool" means an underground reservoir containing a common accumulation of oil or gas, or both. Each zone of a structure which is completely separated from any other zone in the same structure such that the accumulations of oil or gas are not common with each other is considered a separate pool and is covered by the term "pool" as used in this chapter.
(17) "Pooling" means the integration or combination of two or more tracts into an area sufficient to constitute a development unit of the size for one well as prescribed by the ((committee)) department.
(18) "Product" means any commodity made from oil or gas.
(19) "Protect correlative rights" means that the action or regulation by the ((committee)) department should afford a reasonable opportunity to each person entitled thereto to recover or receive without causing waste his or her fair and reasonable share of the oil and gas in this tract or tracts or its equivalent.
(20) "Royalty" means a right to or interest in oil or gas or the value from or attributable to production, other than the right or interest of a lessee, owner, or operator, as defined herein. Royalty includes, but is not limited to the basic royalty in a lease, overriding royalty, and production payments. Any such interest may be referred to in this chapter as "royalty" or "royalty interest." As used in this chapter "basic royalty" means the royalty reserved in a lease. "Royalty owner" means a person who owns a royalty interest.
(21) "Supervisor" means the state oil and gas supervisor.
(22) "Unitization" means the operation of all or part of a field or reservoir as a single entity for operating purposes.
(23) "Waste" in addition to its ordinary meaning, means and includes:
(a) "Physical waste" as that term is generally understood in the petroleum industry;
(b) The inefficient, excessive, or improper use of, or unnecessary dissipation of, reservoir energy, and the locating, spacing, drilling, equipping, operating, or producing of any oil or gas well in a manner which results or is probable to result in reducing the quantity of oil or gas to be recovered from any pool in this state under operations conducted in accordance with prudent and proper practices or that causes or tends to cause unnecessary wells to be drilled;
(c) The inefficient above-ground storage of oil, and the locating, spacing, drilling, equipping, operating, or producing of any oil or gas well in a manner causing or tending to cause unnecessary or excessive surface loss or destruction of oil or gas;
(d) The production of oil or gas in such manner as to cause unnecessary water channeling, or coning;
(e) The operation of an oil well with an inefficient gas-oil ratio;
(f) The drowning with water of any pool or part thereof capable of producing oil or gas, except insofar as and to the extent authorized by the ((committee)) department;
(g) Underground waste;
(h) The creation of unnecessary fire hazards;
(i) The escape into the open air, from a well producing oil or gas, of gas in excess of the amount which is reasonably necessary in the efficient development or production of the well;
(j) The use of gas for the manufacture of carbon black, except as provided in RCW 78.52.140;
(k) Production of oil and gas in excess of the reasonable market demand;
(l) The flaring of gas from gas wells except that which is necessary for the drilling, completing, or testing of the well; and
(m) The unreasonable damage to natural resources including but not limited to the destruction of the surface, soils, wildlife, fish, or aquatic life from or by oil and gas operations.
Sec. 910. RCW 78.52.025 and 1983 c 253 s 3 are each amended to read as follows:
The ((committee)) department shall hold hearings or meetings at such times and places as may be found by the ((committee)) department to be necessary to carry out its duties. The ((committee)) department may establish its own rules for the conduct of public hearings or meetings consistent with other applicable law.
Sec. 911. RCW 78.52.030 and 1951 c 146 s 6 are each amended to read as follows:
The ((committee shall have the authority and it shall be its duty to)) department shall employ all personnel necessary to carry out the provisions of this chapter.
Sec. 912. RCW 78.52.031 and 1983 c 253 s 5 are each amended to read as follows:
The ((committee shall have the power to)) department may subpoena witnesses, ((to)) administer oaths, and ((to)) require the production of records, books, and documents for examination at any hearing or investigation conducted by it. No person shall be excused from attending and testifying, or from producing books, papers, and records before the ((committee)) department or a court, or from obedience to the subpoena of the ((committee)) department or a court, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of ((him)) the person may tend to incriminate ((him)) the person or subject ((him)) the person to a penalty or forfeiture: PROVIDED, That nothing herein contained shall be construed as requiring any person to produce any books, papers, or records, or to testify in response to any inquiry not pertinent to some question lawfully before ((such committee)) the department or court for determination. No person shall be subjected to criminal prosecution or to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which, in spite of his or her objection, he or she may be required to testify or produce evidence, documentary or otherwise before the ((committee)) department or court, or in obedience to its subpoena: PROVIDED, HOWEVER, That no person testifying shall be exempt from prosecution and punishment for perjury committed in so testifying.
Sec. 913. RCW 78.52.032 and 1983 c 253 s 10 are each amended to read as follows:
In addition to the powers and authority, either express or implied, granted to the ((Washington oil and gas conservation committee)) department by virtue of the laws of this state, the ((committee)) department may, in prescribing its rules of order or procedure in connection with hearings or other proceedings before the ((committee)) department, provide for the appointment of one or more examiners to conduct a hearing or hearings with respect to any matter properly coming before the ((committee)) department and to make reports and recommendations to the ((committee)) department with respect thereto. Any ((member)) employee of the ((committee, or its staff)) department or any other person designated by the ((committee)) commissioner of public lands, or the supervisor when this power is so delegated, may serve as an examiner. The ((committee)) department shall adopt rules governing hearings to be conducted before examiners.
Sec. 914. RCW 78.52.033 and 1951 c 146 s 8 are each amended to read as follows:
In case of failure or refusal on the part of any person to comply with a subpoena issued by the ((committee)) department or in case of the refusal of any witness to testify as to any matter regarding which ((he)) the witness may be interrogated, any superior court in the state, upon the application of the ((committee)) department, may compel ((him)) the person to comply with such subpoena, and to attend before the ((committee)) department and produce such records, books, and documents for examination, and to give his or her testimony and shall have the power to punish for contempt as in the case of disobedience to a like subpoena issued by the court, or for refusal to testify therein.
Sec. 915. RCW 78.52.035 and 1951 c 146 s 9 are each amended to read as follows:
The attorney general shall be the attorney for the ((committee: PROVIDED, That)) department, but in cases of emergency, the ((committee)) department may call upon the prosecuting attorney of the county where the action is to be brought, or defended, to represent the ((committee)) department until such time as the attorney general may take charge of the litigation.
Sec. 916. RCW 78.52.037 and 1983 c 253 s 4 are each amended to read as follows:
((The department of natural resources is the designated agent of the committee for the purpose of carrying out this chapter. It shall administer and enforce this chapter consistent with the policies adopted by the committee, together with all rules and orders which the committee may adopt and delegate, including but not limited to issuing permits, orders, enforcement actions, and other actions or decisions authorized to be made under this chapter.)) The department shall designate a state oil and gas supervisor who shall be charged with duties as may be delegated by the department. The department ((of natural resources)) may designate one or more deputy supervisors and employ all personnel necessary including the appointment of examiners as provided in RCW 78.52.032 to carry out this chapter and the rules and orders of the ((committee)) department.
Sec. 917. RCW 78.52.040 and 1983 c 253 s 6 are each amended to read as follows:
((It shall be the duty of the committee to)) The department shall administer and enforce the provisions of this chapter by the adoption of policies, and all rules, regulations, and orders promulgated hereunder, and the ((committee is hereby vested with)) department has jurisdiction, power, and authority, over all persons and property, public and private, necessary to enforce effectively such duty.
Sec. 918. RCW 78.52.050 and 1983 c 253 s 7 are each amended to read as follows:
The ((committee shall have authority to)) department may make such reasonable rules, regulations, and orders as may be necessary from time to time for the proper administration and enforcement of this chapter. Unless otherwise required by law or by this chapter or by rules of procedure made under this chapter, the ((committee)) department may make such rules, regulations, and orders, after notice, as the basis therefor. The notice may be given by publication in some newspaper of general circulation in the state in a manner and form which may be prescribed by the ((committee)) department by general rule. The public hearing shall be at the time and in the manner and at the place prescribed by the ((committee)) department, and any person having any interest in the subject matter of the hearing shall be entitled to be heard. In addition, written notice shall be mailed to all interested persons who have requested, in writing, notice of ((committee)) department hearings, rulings, policies, and orders. The ((committee)) department shall establish and maintain a mailing list for this purpose. Substantial compliance with these mailing requirements is deemed compliance with ((the provisions herewith)) this section.
Sec. 919. RCW 78.52.070 and 1951 c 146 s 12 are each amended to read as follows:
Any interested person shall have the right to have the ((committee)) department call a hearing for the purpose of taking action with respect to any matter within the jurisdiction of the ((committee)) department by filing a verified written petition therefor, which shall state in substance the matter and reasons for and nature of the action requested. Upon receipt of any such request the ((committee)) department, if in its judgment a hearing is warranted and justifiable, shall promptly call a hearing thereon, and after such hearing, and with all convenient speed, and in any event within twenty days after the conclusion of such hearing, shall take such action with regard to the subject matter thereof as it may deem appropriate.
Sec. 920. RCW 78.52.100 and 1983 c 253 s 8 are each amended to read as follows:
All rules, regulations, policies, and orders of the ((committee)) department, all petitions, copies of all notices and actions with affidavits of posting, mailing, or publications pertaining thereto, all findings of fact, and transcripts of all hearings shall be in writing and shall be entered in full by the ((committee)) department in the permanent official records of the office of the commissioner of public lands and shall be open for inspection at all times during reasonable office hours. A copy of any rule, regulation, policy, order, or other official records of the ((committee)) department, certified by the ((executive secretary of the committee)) commissioner of public lands, shall be received in evidence in all courts of this state with the same effect as the original. The ((committee)) department is hereby required to furnish to any person upon request, copies of all rules, regulations, policies, orders, and amendments thereof.
Sec. 921. RCW 78.52.120 and 1983 c 253 s 11 are each amended to read as follows:
Any person desiring or proposing to drill any well in search of oil or gas, before commencing the drilling of any such well, shall apply to the ((committee)) department upon such form as the ((committee)) department may prescribe, and shall pay to the state treasurer a fee of the following amounts for each application:
(1) For each well the estimated depth of which is three thousand five hundred feet or less, two hundred fifty dollars;
(2) From three thousand five hundred one feet to seven thousand feet, five hundred dollars;
(3) From seven thousand one feet to twelve thousand feet, seven hundred fifty dollars; and
(4) From twelve thousand one feet and deeper, one thousand dollars.
In addition, as pertains to the tract upon which the well is proposed to be located, the applicant must notify the surface landowner, the landowner's tenant, and other surface users in the manner provided by regulations of the ((committee)) department that a drilling permit has been applied for by furnishing each such surface landowner, tenant, and other users with a copy of the application concurrent with the filing of the application. Within fifteen days of receipt of the application, each such surface landowner, the landowner's tenant, and other surface users have the right to inform the ((committee)) department of objections or comments as to the proposed use of the surface by the applicant, and the ((committee)) department shall consider the objections or comments.
The drilling of any well is prohibited until a permit is given and such fee has been paid as ((herein)) provided in this section. The ((committee shall have the authority to)) department may prescribe that the said form indicate the exact location of such well, the name and address of the owner, operator, contractor, driller, and any other person responsible for the conduct of drilling operations, the proposed depth of the well, the elevation of the well above sea level, and such other relevant and reasonable information as the ((committee)) department may deem necessary or convenient to effectuate the purposes of this chapter.
The ((committee)) department shall issue a permit if it finds that the proposed drilling will be consistent with this chapter, the rules((,)) and orders adopted under it, and is not detrimental to the public interest. The ((committee)) department shall impose conditions and restrictions as necessary to protect the public interest and to ensure compliance with this chapter, and the rules and orders adopted by the ((committee)) department. A person shall not apply to drill a well in search of oil or gas unless that person holds an ownership or contractual right to locate and operate the drilling operations upon the proposed drilling site. A person shall not be issued a permit unless that person prima facie holds an ownership or contractual right to drill to the proposed depth, or proposed horizon. Proof of prima facie ownership shall be presented to the ((committee)) department.
Sec. 922. RCW 78.52.125 and 1971 ex.s. c 180 s 8 are each amended to read as follows:
Any person desiring or proposing to drill any well in search of oil or gas, when such drilling would be conducted through or under any surface waters of the state, shall prepare and submit an environmental impact statement upon such form as the department of ecology shall prescribe at least one hundred and twenty days prior to commencing the drilling of any such well. Within ninety days after receipt of such environmental statement the department of ecology shall prepare and submit to ((each member of the committee)) the department of natural resources a report examining the potential environmental impact of the proposed well and recommendations for ((committee)) department action thereon. If after consideration of the report the ((committee)) department determines that the proposed well is likely to have a substantial environmental impact the drilling permit for such well may be denied.
The ((committee)) department shall require sufficient safeguards to minimize the hazards of pollution of all surface and ground waters of the state. If safeguards acceptable to the ((committee)) department cannot be provided the drilling permit shall be denied.
Sec. 923. RCW 78.52.140 and 1951 c 146 s 16 are each amended to read as follows:
The use of gas from a well producing gas only, or from a well which is primarily a gas well, for the manufacture of carbon black or similar products predominantly carbon, is declared to constitute waste prima facie, and such gas well shall not be used for any such purpose unless it is clearly shown, at a public hearing to be held by the ((committee)) department, on application of the person desiring to use such gas, that waste would not take place by the use of such gas for the purpose or purposes applied for, and that gas which would otherwise be lost is not available for such purpose or purposes, and that the gas to be used cannot be used for a more beneficial purpose, such as for light or fuel purposes, except at prohibitive cost, and that it would be in the public interest to grant such permit. If the ((committee)) department finds that the applicant has clearly shown a right to use such gas for the purpose or purposes applied for, it shall issue a permit upon such terms and conditions as may be found necessary in order to permit the use of the gas, and at the same time require compliance with the intent of this section.
Sec. 924. RCW 78.52.150 and 1951 c 146 s 17 are each amended to read as follows:
The ((committee has authority, and it shall be its duty, to)) department shall make such investigations as it may deem proper to determine whether waste exists or is imminent or whether other facts exist which justify action by the ((committee)) department.
Sec. 925. RCW 78.52.155 and 1983 c 253 s 9 are each amended to read as follows:
(1) The ((committee)) department shall make investigations as necessary to carry out this chapter.
(2) The ((committee and the)) department((, consistent with the committee's policies,)) shall require:
(a) Identification of ownership of oil or gas wells, producing leases, tanks, plants, structures, and facilities for the transportation or refining of oil or gas;
(b) The making and filing of well logs, core samples, directional surveys, and reports on well locations, drilling, and production;
(c) The testing of oil and gas wells;
(d) The drilling, casing, operating, and plugging of wells in such a manner as to prevent the escape of oil or gas out of the casings, or out of one pool into another, the intrusion of water into an oil or gas pool, and the pollution of freshwater supplies by oil, gas, or saltwater and to prevent blowouts, cavings, seepages, and fires;
(e) The furnishing of adequate security acceptable to the department, conditioned on the performance of the duty to plug each dry or abandoned well, the duty to reclaim and clean-up well drilling sites, the duty to repair wells causing waste, the duty to comply with all applicable laws and rules adopted by the ((committee)) department, orders of the ((committee and the)) department, all permit conditions, and this chapter;
(f) The operation of wells with efficient gas-oil and water-oil ratios and may fix these ratios and limit production from wells with inefficient gas-oil or water-oil ratios;
(g) The production of oil and gas from wells be accurately measured by means and upon standards prescribed by the ((committee)) department, and that every person who produces, sells, purchases, acquires, stores, transports, treats, or processes oil or gas in this state keeps and maintains for a period of five years within this state complete and accurate records thereof, which records shall be available for examination by the ((committee)) department or its agents at all reasonable times, and that every person file with the ((committee)) department such reports as it may prescribe with respect to the oil or gas; and
(h) Compliance with all applicable laws and rules of this state.
(3) The ((committee and the department, consistent with the committee's policies,)) department shall regulate:
(a) The drilling, producing, locating, spacing, and plugging of wells and all other operations for the production of oil or gas;
(b) The physical, mechanical, and chemical treatment of wells, and the perforation of wells;
(c) Operations to increase ultimate recovery such as cycling of gas, the maintenance of pressure, and the introduction of gas, water, or other substances into producing formations;
(d) Disposal of saltwater and oil field brines;
(e) The storage, processing, and treatment of natural gas and oil produced within this state; and
(f) Reclamation and clean-up of all well sites and any areas directly affected by the drilling, production, operation, and plugging of oil and gas wells.
(4) The ((committee)) department may limit and prorate oil and gas produced in this state and may restrict future production of oil and gas from any pool in such amounts as will offset and compensate for any production determined by the ((committee)) department to be in excess of or in violation of "oil allowable" or "gas allowable."
(5) The ((committee)) department shall classify wells as oil or gas wells for purposes material to the interpretation or enforcement of this chapter.
(6) The ((committee and the department, consistent with the committee's policies,)) department shall regulate oil and gas exploration and drilling activities so as to prevent or remedy unreasonable or excessive waste or surface destruction.
Sec. 926. RCW 78.52.200 and 1983 c 253 s 12 are each amended to read as follows:
When necessary to prevent waste, to avoid the drilling of unnecessary wells, or to protect correlative rights including those of royalty owners, the ((committee)) department, upon its own motion or upon application of interested persons, shall establish development units covering any known pool. Development units shall be of uniform size and shape for the entire pool unless the ((committee)) department finds that it must make an exception due to geologic, geographic, or other factors. When necessary, the ((committee)) department may divide any pool into zones and establish development units for each zone, which units may differ in size and shape from those established in any other zone.
Sec. 927. RCW 78.52.205 and 1983 c 253 s 13 are each amended to read as follows:
Within sixty days after the discovery of oil or gas in a pool not then covered by an order of the ((committee)) department, a hearing shall be held and the ((committee)) department shall issue an order prescribing development units for the pool. If sufficient geological or other scientific data from drilling operations or other evidence is not available to determine the maximum area that can be efficiently and economically drained by one well, the ((committee)) department may establish temporary development units to ensure the orderly development of the pool pending availability of the necessary data. A temporary order shall continue in force for a period of not more than twenty-four months at the expiration of which time, or upon the petition of an affected person, the ((committee)) department shall require the presentation of such geological, scientific, drilling, or other evidence as will enable it to determine the proper development units in the pool. During the interim period between the discovery and the issuance of the temporary order, permits shall not be issued for the drilling of direct offsets to a discovery well.
Sec. 928. RCW 78.52.210 and 1983 c 253 s 14 are each amended to read as follows:
(1) The size and the shape of any development units shall be such as will result in the efficient and economical development of the pool as a whole, and the size shall not be smaller than the maximum area that can be efficiently and economically drained by one well as determined by competent geological, geophysical, engineering, drilling, or other scientific testimony, data, and evidence. The ((committee)) department shall fix a development unit of not more than one hundred sixty acres for any pool deemed by the ((committee)) department to be an oil reservoir, or of six hundred forty acres for any pool deemed by the ((committee)) department to be a gas reservoir, plus a ten percent tolerance in either case to allow for irregular sections. The ((committee)) department may, at its discretion, after notice and hearing, establish development units for oil and gas in variance of these limitations when competent geological, geophysical, engineering, drilling, or other scientific testimony, data, and evidence is presented and upon a finding that one well can efficiently and economically drain a larger or smaller area and is justified because of technical, economic, environmental, or safety considerations.
(2) The ((committee)) department may establish development units of different sizes or shapes for different parts of a pool or may grant exceptions to the size or shapes of any development unit or units. Where development units of different sizes or shapes exist in a pool, the ((committee)) department shall, if necessary, make such adjustments to the allowable production from the well or wells drilled thereon so that each operator in each development unit will have a reasonable opportunity to produce or receive his or her just and equitable share of the production.
Sec. 929. RCW 78.52.220 and 1983 c 253 s 15 are each amended to read as follows:
An order establishing development units for a pool shall specify the size and shape of each area and the location of the permitted well thereon in accordance with a reasonable uniform spacing plan. Upon application and after notice and a hearing, if the ((committee)) department finds that a well drilled at the prescribed location would not produce in paying quantities, or that surface conditions would substantially add to the burden or hazard of drilling such well, the ((committee is authorized to)) department may enter an order permitting the well to be drilled pursuant to permit at a location other than that prescribed by such development order; however, the ((committee)) department shall include in the order suitable provisions to prevent the production from the development unit of more than its just and equitable share of the oil and gas in the pool.
Sec. 930. RCW 78.52.230 and 1983 c 253 s 16 are each amended to read as follows:
An order establishing development units for a pool shall cover all lands determined or believed to be underlaid by such pool, and may be modified by the ((committee)) department from time to time to include additional areas determined to be underlaid by such pool. When the ((committee)) department determines that it is necessary for the prevention of waste, or to avoid the drilling of unnecessary wells, or to protect correlative rights, an order establishing development units in a pool may be modified by the ((committee)) department to increase or decrease the size of development units in the pool or to permit the drilling of additional wells on a reasonably uniform plan in the pool.
Sec. 931. RCW 78.52.240 and 1983 c 253 s 17 are each amended to read as follows:
When two or more separately-owned tracts are embraced within a development unit, or when there are separately owned interests in all or a part of the development unit, then the owners and lessees thereof may pool their interests for the development and operation of the development unit. In the absence of this voluntary pooling, the ((committee)) department, upon the application of any interested person, shall enter an order pooling all interests, including royalty interests, in the development unit for the development and operation thereof. Each such pooling order shall be made after notice and hearing. The applicant or applicants shall have the burden of proving that all reasonable efforts have been made to obtain the consent of, or to reach agreement with, other owners.
Sec. 932. RCW 78.52.245 and 1983 c 253 s 18 are each amended to read as follows:
A pooling order shall be upon terms and conditions that are fair and reasonable and that afford to each owner and royalty owner his or her fair and reasonable share of production. Production shall be allocated as follows:
(1) For the purpose of determining the portions of production owned by the persons owning interests in the pooled unit, the production shall be allocated to the respective tracts within the unit in the proportion that the surface acres in each tract bear to the number of surface acres included in the entire unit.
(2) Notwithstanding subsection (1) of this section, if the ((committee)) department finds that allocation on a surface acreage basis does not allocate to each tract its fair share, the ((committee)) department shall allocate the production so that each tract will receive its fair share.
Sec. 933. RCW 78.52.250 and 1983 c 253 s 19 are each amended to read as follows:
(1) Each such pooling order shall make provision for the drilling and operation of a well on the development unit, and for the payment of the reasonable actual cost thereof by the owners of interests required to pay such costs in the development unit, plus a reasonable charge for supervision and storage facilities. Costs associated with production from the pooled unit shall be allocated in the same manner as is production in RCW 78.52.245. In the event of any dispute as to such costs the ((committee)) department shall determine the proper costs.
(2) As to each owner who fails or refuses to agree to bear his or her proportionate share of the costs of the drilling and operation of the well, the order shall provide for reimbursement of those persons paying for the drilling and operation of the well of the nonconsenting owner's share of the costs from, and only from, production from the unit representing that person's interest, excluding royalty or other interests not obligated to pay any part of the cost thereof. The ((committee)) department may provide that the consenting owners shall own and be entitled to receive all production from the well after payment of the royalty as provided in the lease, if any, applicable to each tract or interest, and obligations payable from production, until the consenting owners have been paid the amount due under the terms of the pooling order or order settling any dispute.
The order shall determine the interest of each owner in the unit and shall provide that each consenting owner is entitled to receive, subject to royalty or similar obligations, the share of the production of the well applicable to the owner's interest in the unit, and, unless the owner has agreed otherwise, his or her proportionate part of the nonconsenting owner's share of the production until costs are recovered as provided in this subsection. Each nonconsenting owner is entitled to receive, subject to royalty or similar obligations, the share of production from the well applicable to the owner's interest in the unit after the consenting owners have recovered from the nonconsenting owner's share of production the following:
(a) In respect to every such well, one hundred percent of the nonconsenting owner's share of the cost of surface equipment beyond the wellhead connections, including but not limited to, stock tanks, separators, treaters, pumping equipment, and piping, plus one hundred percent of the nonconsenting owner's share of the cost of operation of the well, commencing with first production and continuing until the consenting owners have recovered these costs, with the intent that the nonconsenting owner's share of these costs and equipment will be that interest which would have been chargeable to the nonconsenting owner had he or she initially agreed to pay his or her share of the costs of the well from the beginning of the operation;
(b) One hundred fifty percent of that portion of the costs and expenses of staking the location, well site preparation, rights of way, rigging-up, drilling, reworking, deepening or plugging back, testing, and completing, after deducting any cash contributions received by the consenting owners, and also one hundred fifty percent of that portion of the cost of equipment in the well, up to and including the wellhead connections; and
(c) If there is a dispute regarding the costs, the ((committee)) department shall determine the proper costs and their allocation among working interest owners after due notice to interested parties and a hearing on the costs.
(3) The operator of a well under a pooling order in which there are nonconsenting owners shall furnish the nonconsenting owners with monthly statements of all costs incurred, together with the quantity of oil or gas produced, and the amount of proceeds realized from the sale of this production during the preceding month. If and when the consenting owners recover from a nonconsenting owner's relinquished interest the amounts provided for in subsection (2) of this section, the relinquished interest of the nonconsenting owner shall automatically revert to him or her, and the nonconsenting owner shall own the same interest in the well and the production from it and be liable for the further costs of the operation as if he or she had participated in the initial drilling and operation.
(4) A nonconsenting owner of a tract in a development unit which is not subject to any lease or other contract for the development thereof for oil and gas shall elect within fifteen days of the issuance of the pooling order or such further time as the ((committee)) department shall, in the order, allow:
(a) To be treated as a nonconsenting owner as provided in subsections (2) and (3) of this section and is deemed to have a basic landowners' royalty of one-eighth, or twelve and one-half percent, of the production allocated to the tract, unless a higher basic royalty has been established in the development unit. If a higher royalty has been established, then the nonconsenting owner of a nonleased tract shall receive the higher basic royalty. This presumed royalty shall exist only during the time that costs and expenses are being recovered under subsection (2) of this section, and is intended to assure that the owner of a nonleased tract receive a basic royalty free of all costs at all times. Notwithstanding anything herein to the contrary, the owner shall at all times retain his or her entire ownership of the property, including the right to execute an oil and gas lease on any terms negotiated, and be entitled to all production subject to subsection (2) of this section; or
(b) To grant a lease to the operator at the current fair market value for that interest for comparable leases or interests at the time of the commencement of drilling; or
(c) To pay his or her pro rata share of the costs of the well or wells in the development unit and receive his or her pro rata share of production, if any.
A nonconsenting owner who does not make an election as provided in this subsection is deemed to have elected to be treated under (a) of this subsection.
Sec. 934. RCW 78.52.257 and 1983 c 253 s 22 are each amended to read as follows:
(1) An order pooling a development unit shall automatically dissolve:
(a) One year after its effective date if there has been no production of commercial quantities or drilling operations on lands within the unit;
(b) Six months after completion of a dry hole on the unit; or
(c) Six months after cessation of production of commercial quantities from the unit, unless, prior to the expiration of such six-month period, the operator shall, in good faith, commence drilling or reworking operations in an effort to restore production.
(2) Upon the termination of a lease pooled by order of the ((committee)) department under authority granted in this chapter, interests covered by the lease are considered pooled as unleased mineral interests.
(3) Any party to a pooling order is entitled, after due notice to all parties, to a hearing to modify or terminate a previously entered pooling order upon presenting new evidence showing that the previous determination of reservoir conclusions are substantially incorrect.
(4) The ((committee, in its discretion)) department, after notice and hearing, may grant additional time, for good cause shown, before a pooling order is automatically dissolved as provided in subsection (1) of this section. In no case may such an extension be longer than six months.
Sec. 935. RCW 78.52.260 and 1951 c 146 s 28 are each amended to read as follows:
Whenever the ((committee shall)) department requires the making and filing of well logs, directional surveys, or reports on the drilling of, subsurface conditions found in, or reports with respect to the substance produced, or capable of being produced from, a "wildcat" or "exploratory" well, as those terms are used in the petroleum industry, such logs, surveys, reports, or information shall be kept confidential by the ((committee)) department for a period of one year, if at the time of filing such logs, surveys, reports, or other information, the owner, lessee, or operator of such well requests that such information be kept confidential: PROVIDED, HOWEVER, That the ((committee shall have the right to)) department may divulge or use such information in a public hearing or suit when it is necessary for the enforcement of the provisions of this chapter or any rule, regulation, or order made hereunder.
Sec. 936. RCW 78.52.270 and 1951 c 146 s 29 are each amended to read as follows:
Whenever the total amount of oil which all of the pools in this state can currently produce in accordance with good operating practices, exceeds the amount reasonably required to meet the reasonable market demand, the ((committee)) department shall limit the oil which may be currently produced in this state to an amount, designated the "oil allowable(("))." The ((committee)) department shall then prorate this "oil allowable" among the pools on a reasonable basis, avoiding undue discrimination among the pools, and so that waste will be prevented. In determining the "oil allowable(("))," and in prorating such "oil allowable" among the pools in the state, the ((committee)) department shall take into account the producing conditions and other relevant facts with respect to such pools, including the separate needs for oil and gas, and separate needs for oil of particular kinds or qualities, and shall formulate rules setting forth standards or a program for the determination of the "oil allowable(("))," and shall prorate the "oil allowable" in accordance with such standards or program, and where conditions in one pool or area are substantially similar to those in another pool or area, then the same standards or program shall be applied to such pools or areas so that as far as practicable a uniform program will be followed: PROVIDED, HOWEVER, That if the amount prorated to a pool as its share of the "oil allowable" is in excess of the amount which the pool can efficiently produce currently, then the ((committee)) department shall prorate to such pool the maximum amount which can be efficiently produced currently without waste.
Sec. 937. RCW 78.52.280 and 1951 c 146 s 30 are each amended to read as follows:
The ((committee)) department shall not be required to determine the reasonable market demand applicable to any single pool of oil except in relation to all pools producing oil of similar kind and quality and in relation to the reasonable market demand. The ((committee)) department shall prorate the "allowable" in such manner as will prevent undue discrimination against any pool or area in favor of another or others resulting from selective buying or nomination by purchasers.
Sec. 938. RCW 78.52.290 and 1951 c 146 s 31 are each amended to read as follows:
Whenever the total amount of gas which all of the pools in this state can currently produce in accordance with good operating practice exceeds the amount reasonably required to meet the reasonable market demand, the ((committee)) department shall limit the gas which may be currently produced to an amount, designated as the "gas allowable(("))," which will not exceed the reasonable market demand for gas. The ((committee)) department shall then prorate the "gas allowable" among the pools on a reasonable basis, avoiding undue discrimination among the pools, and so that waste will be prevented, giving due consideration to location of pipe lines, cost of interconnecting such pipe lines, and other pertinent factors, and insofar as applicable, the provisions of RCW 78.52.270 shall be followed in determining the "gas allowable" and in prorating such "gas allowable" among the pools therein: PROVIDED, HOWEVER, That in determining the reasonable market demand for gas as between pools, the ((committee)) department shall give due regard to the fact that gas produced from oil pools is to be regulated in a manner which will protect the reasonable use of gas energy for oil production and promote the most or maximum efficient recovery of oil from such pools.
Sec. 939. RCW 78.52.300 and 1951 c 146 s 32 are each amended to read as follows:
Whenever the total amount of gas which may be currently produced from all of the pools in this state has not been limited as hereinabove provided, and the available production from any one pool containing gas only is in excess of the reasonable market demand or available transportation facilities for gas from such pool, the ((committee)) department shall limit the production of gas from such pool to that amount which does not exceed the reasonable market demand or transportation facilities for gas from such pool.
Sec. 940. RCW 78.52.310 and 1951 c 146 s 33 are each amended to read as follows:
Whenever the ((committee)) department limits the total amount of oil or gas which may be produced from any pool to an amount less than that which the pool could produce if no restrictions were imposed (whether incidental to, or without, a limitation of the total amount of oil which may be produced in the state) the ((committee)) department shall prorate the allowable production for the pool among the producers in the pool on a reasonable basis, so that each producer will have opportunity to produce or receive his or her just and equitable share, subject to the reasonable necessities for the prevention of waste, giving where reasonable, under the circumstances, to each pool with small wells of settled production, allowable production which prevents the premature abandonment of wells in the pool.
All orders establishing the "oil allowable" and "gas allowable" for this state, and all orders prorating such allowables as herein provided, and any changes thereof, for any month or period shall be issued by the ((committee)) department on or before the fifteenth day of the month preceding the month for which such orders are to be effective, and such orders shall be immediately published in some newspaper of general circulation printed in Olympia, Washington. No orders establishing such allowables, or prorating such allowables, or any changes thereof, shall be issued without first having a hearing, after notice, as provided in this chapter: PROVIDED, HOWEVER, When in the judgment of the ((committee)) department, an emergency requiring immediate action is found to exist, the ((committee is authorized to)) department may issue an emergency order under this section which shall have the same effect and validity as if a hearing with respect to the same had been held after due notice. The emergency order permitted by this ((subsection)) section shall remain in force no longer than thirty days, and in any event it shall expire when the order made after due notice and hearing with respect to the subject matter of the emergency order becomes effective.
Sec. 941. RCW 78.52.320 and 1951 c 146 s 34 are each amended to read as follows:
Whenever the production of oil or gas in this state or any pool therein is limited and the "oil allowable" or "gas allowable" is established and prorated by the ((committee)) department as provided in RCW 78.52.310, no person shall thereafter produce from any well, pool, lease, or property more than the production which is prorated thereto.
Sec. 942. RCW 78.52.330 and 1951 c 146 s 35 are each amended to read as follows:
To assist in the development of oil and gas in this state and to further the purposes of this chapter, the persons owning interests in separate tracts of land, may validly agree to integrate their interests and manage, operate, and develop their land as a unit, subject to the approval of the ((committee)) department.
Sec. 943. RCW 78.52.335 and 1983 c 253 s 23 are each amended to read as follows:
(1) The ((committee)) department shall upon the application of any interested person, or upon its own motion, hold a hearing to consider the need for the operation as a unit of one or more pools or parts of them in a field.
(2) The ((committee shall have the authority to)) department may enter an order providing for the unit operations if ((the committee)) it finds that:
(a) The unit operations are necessary for secondary recovery or enhanced recovery purposes. For purposes of this chapter secondary or enhanced recovery means that oil or gas or both are recovered by any method, artificial flowing or pumping, that may be employed to produce oil or gas, or both, through the joint use of two or more wells with an application of energy extrinsic to the pool or pools. This includes pressuring, cycling, pressure maintenance, or injections into the pool or pools of a substance or form of energy: PROVIDED, That this does not include the injection in a well of a substance or form of energy for the sole purpose of (i) aiding in the lifting of fluids in the well, or (ii) stimulation of the reservoir at or near the well by mechanical, chemical, thermal, or explosive means;
(b) The unit operations will protect correlative rights;
(c) The operations will increase the ultimate recovery of oil or gas, or will prevent waste, or will prevent the drilling of unnecessary wells; and
(d) The value of the estimated additional recovery of oil and/or gas exceeds the estimated additional cost incident to conducting these operations.
(3) The ((committee shall also have the authority to)) department may also enter an order providing for unit operations, after notice and hearing, only if the ((committee)) department finds that there is clear and convincing evidence that all of the following conditions are met:
(a) In the absence of unitization, the ultimate recovery of oil or gas, or both, will be substantially decreased because normal production techniques and methods are not feasible and will not result in the maximum efficient and economic recovery of oil or gas, or both;
(b) The unit operations will protect correlative rights;
(c) The unit operations will prevent waste, or will prevent the drilling of unnecessary wells;
(d) There has been a discovery of a commercial oil or gas field; and
(e) There has been sufficient exploration, drilling activity, and development to properly define the one or more pools or parts of them in a field proposed to be unitized.
(4) Notwithstanding any of the above, nothing in this chapter may be construed to prevent the voluntary agreement of all interested persons to any plan of unit operations. The ((committee)) department shall approve operations upon making a finding consistent with subsection((s)) (2) (b) and (c) of this section.
(5) The order shall be upon terms and conditions that are fair and reasonable and shall prescribe a plan for unit operations that includes:
(a) A description of the pool or pools or parts thereof to be so operated, termed the unitized area;
(b) A statement of the nature of the operations contemplated;
(c) An allocation of production and costs to the separately-owned tracts in the unitized area. The allocation shall be in accord with the agreement, if any, of the interested parties. If there is no agreement, production shall be allocated in a manner calculated to ensure that each owner's correlative rights are protected, and each separately-owned tract or combination of tracts receives its fair and reasonable share of production. Costs shall be allocated on a fair and reasonable basis;
(d) A provision, if necessary, prescribing fair, reasonable, and equitable terms and conditions as to time and rate of interest for carrying or otherwise financing any person who is unable to promptly meet his or her financial obligations in connection with the unit, such carrying and interest charges to be paid as provided by the ((committee)) department from the person's prorated share of production;
(e) A provision for the supervision and conduct of the unit operations, in respect to which each owner shall have a vote with a value corresponding to the percentage of the costs of unit operations chargeable against the owner's interest;
(f) The time when the unit operations shall commence, the timetable for development, and the manner and circumstances under which the unit operations shall terminate; and
(g) Additional provisions which are found to be appropriate for carrying out the unit operations and for the protection of correlative rights.
(6) No order of the ((committee)) department providing for unit operations may become effective until:
(a) The plan for unit operations approved by the ((committee)) department has been approved in writing by those persons who, under the ((committee's)) department's order, will be required to pay at least seventy-five percent of the costs of unit operations;
(b) The plan has been approved in writing by those persons such as royalty owners, overriding royalty owners, and production payment owners, who own at least seventy-five percent of the production or proceeds thereof that will be credited to interests that are free of costs; and
(c) The ((committee)) department has made a finding, either in the order providing for unit operations or in a supplemental order, that the plan for unit operations has been so approved. If the plan for unit operations has not been so approved at the time the order providing for unit operations is made, the ((committee)) department shall upon application and notice hold such supplemental hearings as may be required to determine if and when the plan for unit operations has been so approved. If the persons owning required percentages of interest in the unitized area do not approve the plan for unit operations within a period of six months from the date on which the order providing for unit operations is made, or within such additional period or periods of time as the ((committee)) department prescribes, the order will become unenforceable and shall be vacated by the ((committee)) department.
(7) An order providing for unit operations may be amended by an order made by the ((committee)) department in the same manner and subject to the same conditions as an original order, except as provided in subsection (8) of this section, providing for unit operations, but (a) if such an amendment affects only the rights and interests of the owners, the approval of the amendment by those persons who own interests that are free of costs is not required, and (b) no such amending order may change the percentage for the allocation of oil and gas as established for any separately-owned tract or combination of tracts by the original order, except with the consent of all persons owning oil and gas rights in the tract, and no such order may change the percentage for the allocation of cost as established for any separately-owned tract or combination of tracts by the original order, except with the consent of all persons owning an interest in the tract or combination of tracts. An amendment that provides for the expansion of the unit area shall comply with subsection (8) of this section.
(8) The ((committee)) department, by order, may provide for the unit operation of a reservoir or reservoirs or parts thereof that include a unitized area established by a previous order of the ((committee)) department. The order, in providing for the allocation of unit production, shall first treat the unitized area previously established as a single tract and the portion of the new unit production allocated thereto shall then be allocated among the separately-owned tracts included in the previously established unit area in the same proportions as those specified in the previous order.
(9) After the date designated by the ((committee)) department the unit plan shall be effective, oil and gas leases within the unit area, or other contracts pertaining to the development thereof, shall be changed only to the extent necessary to meet the requirements of the unit plan, and otherwise shall remain in full force. Operations carried on under and in accordance with the unit plan shall be regarded and considered as fulfillment of and compliance with all of the provisions, covenants, and conditions, expressed or implied, of the several oil and gas leases upon lands within the unit area, or other contracts pertaining to the development thereof, insofar as the leases or other contracts may relate to the pool or field subject to the unit plan. The amount of production apportioned and allocated under the unit plan to each separately-owned tract within the unit area, and only that amount, regardless of the location of the well within the unit area from which it may be produced, and regardless of whether it is more or less than the amount of production from the well, if any, on each separately-owned tract, shall for all purposes be regarded as production from the separately-owned tract. Lessees shall not be obligated to pay royalties or make other payments, required by the oil and gas leases or other contracts affecting each such separately-owned tract, on production in excess of that amount apportioned and allocated to the separately-owned tract under the unit plan.
(10) The portion of the unit production allocated to any tract and the proceeds from its sale are the property and income of the several persons to whom, or to whose credit, the portion and proceeds are allocated or payable under the order providing for unit operations.
(11) No division order or other contract relating to the sale, purchase, or production from a separately-owned tract or combination of tracts may be terminated by the order providing for unit operations but shall remain in force and shall apply to oil and gas allocated to the tract until terminated by an amended division order or contract in accordance with the order.
(12) Except to the extent that parties affected so agree, an order providing for unit operations shall not be construed to result in a transfer of all or any part of the title of any person to the oil and gas rights in any tract in the unit area. All property, whether real or personal, that may be acquired in the conduct of unit operations hereunder shall be acquired for the account of the owners within the unit area, and shall be the property of those owners in the proportion that the expenses of unit operations are charged.
(13) After the date designated by the order of the ((committee)) department that a unit plan shall become effective, the designation of one or more unit operators shall be by vote of the lessees of land in the unit area, in a manner to be provided in the unit plan, and any operations in conflict with such unit plan shall be unlawful and are prohibited.
(14) A certified copy of any order of the ((committee)) department entered under this section is entitled to be recorded in the auditor's office in the county or counties wherein all or any portion of the unit area is located and, if recorded, constitute notice thereof to all persons. A copy of this order shall be mailed by certified mail to all interested persons.
(15) No order for unitization may be construed to allow the drilling of a well on a tract within the unit which is not leased or under contract for oil and gas exploration or production.
Sec. 944. RCW 78.52.365 and 1983 c 253 s 26 are each amended to read as follows:
The ((committee)) department may administer and enforce RCW 78.52.345 and 78.52.355 in accordance with the procedures in this chapter for its enforcement and with the rules and orders of the ((committee)) department.
Sec. 945. RCW 78.52.460 and 1951 c 146 s 49 are each amended to read as follows:
No plan for the operation of a field or pool of oil or gas as a unit, either whole or in part, created or approved by the ((committee hereunder shall)) department under this chapter may be held to violate any of the statutes of this state prohibiting monopolies or acts, arrangements, agreements, contracts, combinations, or conspiracies in restraint of trade or commerce.
Sec. 946. RCW 78.52.463 and 1989 c 175 s 167 are each amended to read as follows:
(1) Any operation or activity that is in violation of applicable laws, rules, orders, or permit conditions is subject to suspension by order of the ((committee)) department. The order may suspend the operations authorized in the permit in whole or in part. The order may be issued only after the ((committee)) department has first notified the operator or owner of the violations and the operator or owner has failed to comply with the directions contained in the notification within ten days of service of the notice: PROVIDED, That the ((committee)) department may issue the suspension order immediately without notice if the violations are or may cause substantial harm to adjacent property, persons, or public resources, or has or may result in the pollution of waters in violation of any state or federal law or rule. A suspension shall remain in effect until the violations are corrected or other directives are complied with unless declared invalid by the ((committee)) department after hearing or an appeal. The suspension order and notification, where applicable, shall specify the violations and the actions required to be undertaken to be in compliance with such laws, rules, orders, or permit conditions. The order and notification may also require remedial actions to be undertaken to restore, prevent, or correct activities or conditions which have resulted from the violations. The order and notification may be directed to the operator or owner or both.
(2) The suspension order constitutes a final and binding order unless the owner or operator to whom the order is directed requests a hearing before the ((committee)) department within fifteen days after service of the order. Such a request shall not in itself stay or suspend the order and the operator or owner shall comply with the order immediately upon service. The ((committee or its chairman have the authority to)) department may stay or suspend in whole or in part the suspension order pending a hearing if so requested. The hearing shall constitute an adjudicative proceeding under chapter 34.05 RCW, the Administrative Procedure Act.
Sec. 947. RCW 78.52.467 and 1983 c 253 s 30 are each amended to read as follows:
(1) The sale, purchase, acquisition, transportation, refining, processing, or handling of illegal oil, gas, or product is prohibited. However, no penalty by way of fine may be imposed upon a person who sells, purchases, acquires, transports, refines, processes, or handles illegal oil, gas, or product unless (a) the person knows, or is put on notice of, facts indicating that illegal oil, illegal gas, or illegal product is involved, or (b) the person fails to obtain a certificate of clearance with respect to the oil, gas, or product if prescribed by rule or order of the ((committee)) department, or fails to follow any other method prescribed by an order of the ((committee)) department for the identification of the oil, gas, or product.
(2) Illegal oil, illegal gas, and illegal product are declared to be contraband and are subject to seizure and sale as provided in this section. Seizure and sale shall be in addition to all other remedies and penalties provided in this chapter for violations relating to illegal oil, illegal gas, or illegal product. If the ((committee)) department believes that any oil, gas, or product is illegal, the ((committee)) department acting through the attorney general, shall bring a civil action in rem in the superior court of the county in which the oil, gas, or product is found, to seize and sell the same, or the ((committee)) department may include such an action in rem in any suit brought for an injunction or penalty involving illegal oil, illegal gas, or illegal product. A person claiming an interest in oil, gas, or product affected by an action in rem has the right to intervene as an interested party.
(3) Actions for the seizure and sale of illegal oil, illegal gas, or illegal product shall be strictly in rem and shall proceed in the name of the state as plaintiff against the oil, gas, or product as defendant. No bond or similar undertaking may be required of the plaintiff. Upon the filing of the petition for seizure and sale, the clerk of the court shall issue a summons, with a copy of the petition attached thereto, directed to the sheriff of the county or to another officer or person whom the court may designate, for service upon all persons having or claiming any interest in the oil, gas, or product described in the petition. The summons shall command these persons to appear and answer within twenty days after the issuance and service of the summons. These persons need not be named or otherwise identified in the summons, and the summons shall be served by posting a copy of the summons, with a copy of the petition attached, on any public bulletin board or at the courthouse of a county where the oil, gas, or product involved is located, and by posting another copy at or near the place where the oil, gas, or product is located. The posting constitutes notice of the action to all persons having or claiming any interest in the oil, gas, or product described in the petition. In addition, if the court, on a properly verified petition, or affidavit or affidavits, or oral testimony, finds that grounds for seizure and for sale exist, the court shall issue an immediate order of seizure, describing the oil, gas, or product to be seized, and directing the sheriff of the county to take the oil, gas, or product into the sheriff's actual or constructive custody and to hold the same subject to further orders of the court. The court, in the order of seizure, may direct the sheriff to deliver the oil, gas, or product seized by him or her under the order to a court-appointed agent. The agent shall give bond in an amount and with such surety as the court may direct, conditioned upon compliance with the orders of the court concerning the custody and disposition of the oil, gas, or product.
(4) Any person having an interest in oil, gas, or product described in order of seizure and contesting the right of the state to seize and sell the oil, gas, or product may obtain its release prior to sale upon furnishing to the sheriff a bond approved by the court. The bond shall be in an amount equal to one hundred fifty percent of the market value of the oil, gas, or product to be released and shall be conditioned upon either redelivery to the sheriff of the released commodity or payment to the sheriff of its market value, if and when ordered by the court, and upon full compliance with further orders of the court.
(5) If the court, after a hearing upon a petition for the seizure and sale of oil, gas, or product, finds that the oil, gas, or product is contraband, the court shall order its sale by the sheriff in the same manner and upon the same notice of sale as provided by law for the sale of personal property on execution of judgment entered in a civil action, except that the court may order that the oil, gas, or product be sold in specified lots or portions and at specified intervals. Upon sale, title to the oil, gas, or product sold shall vest in the purchaser free of all claims, and it shall be legal oil, legal gas, or legal product in the hands of the purchaser.
(6) All proceeds, less costs of suit and expenses of sale, which are derived from the sale of illegal oil, illegal gas, or illegal product, and all amounts paid as penalties provided for by this chapter, shall be paid into the state treasury for the use of the ((committee)) department in defraying its expenses in the same manner as other funds provided by law for the use of the ((committee)) department.
Sec. 948. RCW 78.52.470 and 1989 c 175 s 168 are each amended to read as follows:
Any person adversely affected by any order of the ((committee)) department may, within thirty days from the effective date of such order, apply for a hearing with respect to any matter determined therein. No cause for action arising out of any order of the ((committee shall)) department accrues in any court to any person unless the person makes application for a hearing as ((herein)) provided in this section. Such application shall set forth specifically the ground on which the applicant considers the order to be unlawful or unreasonable. No party shall, in any court, urge or rely upon any ground not set forth in said application. An order made in conformity to a decision resulting from a hearing which abrogates, changes, or modifies the original order shall have the same force and effect as an original. Such hearing shall constitute an adjudicative proceeding under chapter 34.05 RCW, the Administrative Procedure Act, and shall be conducted in accordance with its provisions.
Sec. 949. RCW 78.52.480 and 1983 c 253 s 28 are each amended to read as follows:
In proceedings for review of an order or decision of the ((committee)) department, the ((committee)) department shall be a party to the proceedings and shall have all rights and privileges granted by this chapter to any other party to such proceedings.
Sec. 950. RCW 78.52.490 and 1983 c 253 s 32 are each amended to read as follows:
Within thirty days after the application for a hearing is denied, or if the application is granted, then within thirty days after the rendition of the decision on the hearing, the applicant may apply to the superior court, at the petitioner's option, for (a) Thurston county, (b) the county of petitioner's residence or place of business, or (c) in any county where the property or property rights owned by the petitioner is located for a review of such rule, regulation, order, or decision. The application for review shall be filed in the office of the clerk of the superior court of Thurston county and shall specifically state the grounds for review upon which the applicant relies and shall designate the rule, regulation, order, or decision sought to be reviewed. The applicant shall immediately serve a certified copy of said application upon the ((executive secretary of the committee)) commissioner of public lands who shall immediately notify all parties who appeared in the proceedings before the ((committee)) department that such application for review has been filed. In the event the court determines the review is solely for the purpose of determining the validity of a rule or regulation of general applicability the court shall transfer venue to Thurston county for a review of such rule or regulation in the manner provided for in RCW ((34.05.538)) 34.05.570.
Sec. 951. RCW 78.52.530 and 1951 c 146 s 56 are each amended to read as follows:
Whenever it shall appear that any person is violating any provisions of this chapter, or any rule, regulation, or order made by the ((committee hereunder)) department under this chapter, and if the ((committee)) department cannot, without litigation, effectively prevent further violation, the ((committee)) department may bring suit in the name of the state against such person in the superior court in the county of the residence of the defendant, or in the county of the residence of any defendant if there be more than one defendant, or in the county where the violation is alleged to have occurred, to restrain such person from continuing such violation. In such suit the ((committee)) department may without bond obtain injunctions prohibitory and mandatory, including temporary restraining orders and preliminary injunctions, as the facts may warrant.
Sec. 952. RCW 78.52.540 and 1951 c 146 s 57 are each amended to read as follows:
((In the event the committee should)) If the department fails to bring suit within thirty days to enjoin any apparent violation of this chapter, or of any rule, regulation, or order made by the ((committee hereunder)) department under this chapter, then any person or party in interest adversely affected by such violation, who has requested the ((committee)) department in writing to sue, may, to prevent any or further violation, bring suit for that purpose in the superior court of any county where the ((committee)) department could have instituted such suit. If, in such suit, the court should hold that injunctive relief should be granted, then the state shall be made a party and shall be substituted for the person who brought the suit, and the injunction shall be issued as if the state had at all times been the complainant.
OIL SPILL CONTINGENCY PLAN CORPORATION
NEW SECTION. Sec. 953. A new section is added to chapter 88.46 RCW to read as follows:
A nonprofit corporation established for the sole purpose of providing contingency plan coverage for any vessel in compliance with RCW 88.46.060 is entitled to liability protection as provided in this section. Obligations incurred by the corporation and any other liabilities or claims against the corporation may be enforced only against the assets of the corporation, and no liability for the debts or actions of the corporation exists against a director, officer, member, employee, incident commander, agent, contractor, or subcontractor of the corporation in his or her individual or representative capacity. Except as otherwise provided in this chapter, neither the directors, officers, members, employees, incident commander, or agents of the corporation, nor the business entities by whom they are regularly employed may be held individually responsible for discretionary decisions, errors in judgment, mistakes, or other acts, either of commission or omission, that are directly related to the operation or implementation of contingency plans, other than for acts of gross negligence or willful or wanton misconduct. The corporation may insure and defend and indemnify the directors, officers, members, employees, incident commanders, and agents to the extent permitted by chapters 23B.08 and 24.03 RCW. This section does not alter or limit the responsibility or liability of any person for the operation of a motor vehicle.
MARINE SAFETY COMMITTEES
NEW SECTION. Sec. 954. A new section is added to chapter 88.46 RCW to read as follows:
The administrator may appoint ad hoc, advisory marine safety committees to solicit recommendations and technical advice concerning vessel traffic safety. The office may implement recommendations made in regional marine safety plans that are approved by the office and over which the office has authority. If federal authority or action is required to implement the recommendations, the office may petition the appropriate agency or the Congress.
SCIENTIFIC ADVISORY BOARD FOR THE OIL SPILL COMPENSATION SCHEDULE
Sec. 955. RCW 90.48.366 and 1992 c 73 s 28 are each amended to read as follows:
By July 1, 1991, the department, in consultation with the departments of fisheries, wildlife, and natural resources, and the parks and recreation commission, shall adopt rules establishing a compensation schedule for the discharge of oil in violation of this chapter and chapter 90.56 RCW. ((The department shall establish a scientific advisory board to assist in establishing the compensation schedule.)) The amount of compensation assessed under this schedule shall be no less than one dollar per gallon of oil spilled and no greater than fifty dollars per gallon of oil spilled. The compensation schedule shall reflect adequate compensation for unquantifiable damages or for damages not quantifiable at reasonable cost for any adverse environmental, recreational, aesthetic, or other effects caused by the spill and shall take into account:
(1) Characteristics of any oil spilled, such as toxicity, dispersibility, solubility, and persistence, that may affect the severity of the effects on the receiving environment, living organisms, and recreational and aesthetic resources;
(2) The sensitivity of the affected area as determined by such factors as: (a) The location of the spill; (b) habitat and living resource sensitivity; (c) seasonal distribution or sensitivity of living resources; (d) areas of recreational use or aesthetic importance; (e) the proximity of the spill to important habitats for birds, aquatic mammals, fish, or to species listed as threatened or endangered under state or federal law; (f) significant archaeological resources as determined by the office of archaeology and historic preservation; and (g) other areas of special ecological or recreational importance, as determined by the department. If the department has adopted rules for a compensation table prior to July 1, 1992, the sensitivity of significant archaeological resources shall only be included among factors to be used in the compensation table when the department revises the rules for the compensation table after July 1, 1992; and
(3) Actions taken by the party who spilled oil or any party liable for the spill that: (a) Demonstrate a recognition and affirmative acceptance of responsibility for the spill, such as the immediate removal of oil and the amount of oil removed from the environment; or (b) enhance or impede the detection of the spill, the determination of the quantity of oil spilled, or the extent of damage, including the unauthorized removal of evidence such as injured fish or wildlife.
TASK FORCE ON STATE-WIDE EVALUATION OF IRRIGATED AREAS
Sec. 956. RCW 90.54.190 and 1989 c 348 s 11 are each amended to read as follows:
(1) ((The department of ecology may establish a task force to assist in a state-wide evaluation of irrigated areas, not to exceed six months in duration, to determine the associated impacts of efficiency measures, efficiency opportunities, and local interest.)) The department ((and the task force)) shall establish a list of basin and stream efficiency initiatives and select an irrigation area for a voluntary demonstration project.
(2) Prior to conducting conservation assessments and developing conservation plans, the department of ecology shall secure technical and financial assistance from the bureau of reclamation to reduce the costs to the state to the extent possible.
(3) A "conservation assessment" as described in this section shall be conducted before a demonstration project to increase the efficiency of irrigated agriculture is undertaken for an irrigated area, a basin, subbasin, or stream. The conservation assessment should:
(a) Evaluate existing patterns, including current reuse of return flows, and priorities of water use;
(b) Assess conflicting needs for future water allocations and claims to reserved rights;
(c) Evaluate hydrologic characteristics of surface and ground water including return flow characteristics;
(d) Assess alternative efficiency measures;
(e) Determine the likely net water savings of efficiency improvements including the amount and timing of water that would be saved and potential benefits and impacts to other water uses and resources including effects on artificial recharge of ground water and wetland impacts;
(f) Evaluate the full range of costs and benefits that would accrue from various measures; and
(g) Evaluate the potential for integrating conservation efforts with operation of existing or potential storage facilities.
(4) The conservation assessment shall be used as the basis for development of a demonstration conservation plan to rank conservation elements based on relative costs, benefits, and impacts. It shall also estimate the costs of implementing the plan and propose a specific basis for cost share distributions.
The demonstration conservation plan shall be developed jointly by the department and a conservation plan formulation committee consisting of representatives of a cross-section of affected local water users, members of the public, and tribal governments. Other public agencies with expertise in water resource management may participate as nonvoting committee members. A proposed demonstration conservation plan may be approved by the department and the committee only after public comment has been received.
(5) The department shall reimburse any members ((of the task force in subsection (2) [(1)] of this section or)) of the committee in subsection (4) of this section who are not representing governmental agencies or entities for their travel expenses in accordance with RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 957. Broker's Trust Account Board. RCW 18.85.500 and 1987 c 513 s 8 are each repealed.
NEW SECTION. Sec. 958. Washington State Heritage Council. The following acts or parts of acts are each repealed:
(1) RCW 27.34.030 and 1983 c 91 s 3;
(2) RCW 27.34.040 and 1993 c 101 s 11 & 1983 c 91 s 4; and
(3) RCW 27.34.050 and 1983 c 91 s 5.
NEW SECTION. Sec. 959. Supply Management Advisory Board. RCW 43.19.1902 and 1979 c 151 s 97, 1975-'76 2nd ex.s. c 21 s 3, 1967 ex.s. c 104 s 3, & 1965 c 8 s 43.19.1902 are each repealed.
NEW SECTION. Sec. 960. Motor Vehicle Advisory Committee. RCW 43.19.556 and 1989 c 57 s 4 are each repealed.
NEW SECTION. Sec. 961. Ecological Commission. The following acts or parts of acts are each repealed:
(1) RCW 43.21A.170 and 1989 1st ex.s. c 9 s 217, 1988 c 36 s 15, 1985 c 466 s 50, 1979 c 141 s 68, & 1970 ex.s. c 62 s 17;
(2) RCW 43.21A.180 and 1984 c 287 s 76, 1975-'76 2nd ex.s. c 34 s 100, & 1970 ex.s. c 62 s 18;
(3) RCW 43.21A.190 and 1988 c 127 s 24 & 1970 ex.s. c 62 s 19;
(4) RCW 43.21A.200 and 1977 c 75 s 47 & 1970 ex.s. c 62 s 20; and
(5) RCW 43.21A.210 and 1970 ex.s. c 62 s 21.
NEW SECTION. Sec. 962. Nuclear Waste Advisory Council. RCW 43.200.050 and 1989 c 322 s 4, 1984 c 161 s 6, & 1983 1st ex.s. c 19 s 5 are each repealed.
NEW SECTION. Sec. 963. Athletic Health Care and Training Council. The following acts or parts of acts are each repealed:
(1) RCW 43.230.010 and 1990 c 33 s 583 & 1984 c 286 s 2;
(2) RCW 43.230.020 and 1984 c 286 s 3;
(3) RCW 43.230.030 and 1984 c 286 s 4;
(4) RCW 43.230.040 and 1984 c 286 s 5; and
(5) 1984 c 286 s 13 (uncodified).
NEW SECTION. Sec. 964. Insurance Advisory Examining Board. RCW 48.17.135 and 1984 c 287 s 96, 1975-'76 2nd ex.s. c 34 s 142, & 1967 c 150 s 14 are each repealed.
NEW SECTION. Sec. 965. Right-to-Know Advisory Council. The following acts or parts of acts are each repealed:
(1) RCW 49.70.120 and 1987 c 24 s 1, 1985 c 409 s 5, & 1984 c 289 s 17; and
(2) RCW 49.70.130 and 1984 c 289 s 18.
NEW SECTION. Sec. 966. Winter Recreation Commission. The following acts or parts of acts are each repealed:
(1) RCW 67.34.011 and 1987 c 526 s 1; and
(2) RCW 67.34.021 and 1987 c 526 s 2.
NEW SECTION. Sec. 967. Science Advisory Board. RCW 70.94.039 and 1991 c 199 s 314 are each repealed.
NEW SECTION. Sec. 968. Korean War Veterans' Memorial Advisory Committee. The following acts or parts of acts are each repealed:
(1) RCW 73.40.020 and 1984 c 81 s 2; and
(2) RCW 73.40.050 and 1989 c 235 s 2.
NEW SECTION. Sec. 969. Oil and Gas Conservation Committee. RCW 78.52.020 and 1988 c 128 s 49, 1983 c 253 s 31, 1971 ex.s. c 180 s 7, 1961 c 300 s 7, & 1951 c 146 s 4 are each repealed.
NEW SECTION. Sec. 970. Washington State Maritime Commission. The following acts or parts of acts are each repealed, effective July 1, 1995:
(1) RCW 88.44.005 and 1990 c 117 s 1;
(2) RCW 88.44.010 and 1992 c 73 s 15, 1991 c 200 s 901, & 1990 c 117 s 2;
(3) RCW 88.44.020 and 1991 c 200 s 902 & 1990 c 117 s 3;
(4) RCW 88.44.030 and 1991 c 200 s 903 & 1990 c 117 s 4;
(5) RCW 88.44.040 and 1991 c 200 s 904 & 1990 c 117 s 5;
(6) RCW 88.44.080 and 1991 c 200 s 905 & 1990 c 117 s 9;
(7) RCW 88.44.090 and 1990 c 117 s 10;
(8) RCW 88.44.100 and 1992 c 73 s 16 & 1990 c 117 s 11;
(9) RCW 88.44.110 and 1992 c 73 s 17, 1991 c 200 s 906, & 1990 c 117 s 12;
(10) RCW 88.44.120 and 1990 c 117 s 13;
(11) RCW 88.44.130 and 1990 c 117 s 14;
(12) RCW 88.44.140 and 1990 c 117 s 15;
(13) RCW 88.44.150 and 1990 c 117 s 16;
(14) RCW 88.44.160 and 1991 c 200 s 907 & 1990 c 117 s 17;
(15) RCW 88.44.170 and 1990 c 117 s 18;
(16) RCW 88.44.180 and 1990 c 117 s 19;
(17) RCW 88.44.190 and 1990 c 117 s 20;
(18) RCW 88.44.200 and 1990 c 117 s 21;
(19) RCW 88.44.210 and 1990 c 117 s 22;
(20) RCW 88.44.220 and 1990 c 117 s 23;
(21) RCW 88.44.900 and 1990 c 117 s 24; and
(22) RCW 88.44.901 and 1990 c 117 s 25.
NEW SECTION. Sec. 971. Regional Marine Safety Committees. RCW 88.46.110 and 1992 c 73 s 24 & 1991 c 200 s 424 are each repealed.
NEW SECTION. Sec. 972. 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. 973. Headings and captions used in this act constitute no part of the law.
NEW SECTION. Sec. 974. This act takes effect July 1, 1994."
POINT OF ORDER
Senator Talmadge: "A point of order, Mr. President. I believe the committee amendment by the Committee on Government Operations expands the scope and object of Engrossed Substitute House Bill No. 2676. This is a bill who's title is an act relating to the restructuring of boards, commissions, committees and councils. I know the President is not bound by the title of the act, but I think it is an indication of precisely what was intended by the House of Representatives. The bill is meant to look at restructuring and dealing with the existing boards and commissions of the state and eliminating some and consolidating some of them and so forth.
"However, in the bill as it came out of the Committee on Government Operations, two provisions were added to the bill, one that relates to the licensure of acupuncture which is found in Section 502 and thereafter in the bill. This is not a matter of restructuring boards and councils, but rather a matter of scope of practice of that particular profession. That section of the bill relates to the scope of practice of acupuncture which changes it from, I believe, from the certification of licensure. Subsequently in the bill, there is a whole new section of licensure-related activities relating to athletic trainers. This is not a restructuring of a board, but it is licensing for the first time a whole new profession under Washington law.
"I believe for that reason, the addition of these two sections relating to additions to scope of practice and licensure of a whole new profession change the scope and object of a bill that was designed to restructure and consolidate certain boards and commissions of the state. The President will note in the committee amendment, there are some sections which speak to the scope of practice of some of the professions. Those changes were made only insofar as it was necessary to carry out the collapsing of various existing professional organizations into new structures under the original House Bill and did not alter in any fashion or form the scope of practice of the professions that were involved.
"I believe, therefore, Mr. President, the amendment does expand the scope and object of the bill and I would note that there are a number of other amendments to follow that all relate to scope of practice. A bill that was meant to be something that dealt with consolidating boards and commissions becomes an omnibus scope of practice bill for the health care professions and others."
There being no objection, the President deferred further consideration of Engrossed Substitute House Bill No. 2676.
PARLIAMENTARY INQUIRY
Senator Newhouse: "The effect of the challenge means that the committee striking amendment is challenged and all subsequent amendments, is that what--"
REPLY BY THE PRESIDENT:
President Pritchard: "No, we can only challenge--we can only take up the amendment that is before us."
MOTION
On motion of Senator Drew, Senator Vognild was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2294, by House Committee on Education (originally sponsored by Representatives Patterson, G. Fisher, Dorn, Brough, Karahalios, Cothern, Campbell, Shin, Basich, Springer, B. Thomas, Holm and J. Kohl)
Allowing two-year levies for transportation vehicle funds.
The bill was read the second time.
MOTION
On motion of Senator Pelz, the rules were suspended, Substitute House Bill No. 2294 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2294.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2294 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Williams, Winsley and Wojahn - 47.
Absent: Senator Ludwig - 1.
Excused: Senator Vognild - 1.
SUBSTITUTE HOUSE BILL NO. 2294, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Spanel, the Senate returned to the fourth order of business.
MESSAGE FROM THE HOUSE
March 4, 1994
MR. PRESIDENT:
The House has passed ENGROSSED HOUSE BILL NO. 2487, and the same is herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
There being no objection, the President advanced the Senate to the fifth order of business.
INTRODUCTION AND FIRST READING OF HOUSE BILL
EHB 2487 by Representative Appelwick, Forner and Karahalios (by request of Department of Social and Health Services)
Revising provisions relating to employer reporting to the Washington state support registry.
MOTION
On motion of Senator Spanel, the rules were suspended, Engrossed House Bill No. 2487 was advanced to second reading and placed on the second reading calendar.
There being no objection, the President advanced the Senate to the sixth order of business.
SECOND READING
HOUSE BILL NO. 2905, by Representatives Sommers, Long, Linville and Rayburn (by request of Joint Committee on Pension Policy)
Making permanent and simplifying the age sixty-five cost-of-living adjustment to retirement allowances.
The bill was read the second time.
MOTIONS
On motion of Senator Quigley, the following Committee on Ways and Means amendment was adopted:
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 motion of Senator Quigley, the following title amendment was adopted:
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."
MOTION
On motion of Senator Quigley, the rules were suspended, House Bill No. 2905, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2905, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2905, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 48.
Absent: Senator Ludwig - 1.
HOUSE BILL NO. 2905, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2605, by House Committee on Appropriations (originally sponsored by Representatives Jacobsen, Brumsickle, Dorn, Bray, Ogden, Dunshee, Pruitt and J. Kohl)
Changing higher education statutory relationships.
The bill was read the second time.
MOTION
Senator Bauer moved that the following Committee on Higher Education amendment be adopted:
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, the students must have been domiciled for a minimum of one year in the state of Oregon, Idaho, or Montana at the time that they enroll at an institution of higher education as defined in RCW 28B.10.016. 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."
On motion of Senator Bauer, the following amendment to the Committee on Higher Education striking amendment was adopted:
On page 2, beginning on line 8 of the amendment, after "First," strike everything through "28B.10.016" on line 11, and insert "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."
MOTIONS
On motion of Senator Bauer, the following amendment to the Committee on Higher Education striking amendment was adopted:
On page 5, after line 6 of the amendment, insert the following:
"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."
Senator Spanel moved that the following amendment by Senators Spanel and Bauer to the Committee on Higher Education striking amendment be adopted:
On page 5, after line 6 of the amendment, insert the following:
"Sec. 5. 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."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Spanel and Bauer on page 5, after line 6, to the Committee on Higher Education striking amendment to Engrossed Second Substitute House Bill No. 2605.
The motion by Senator Spanel carried and the amendment to the Committee on Higher Education striking amendment was adopted.
The President declared the question before the Senate to be the adoption of the Committee on Higher Education striking amendment, as amended, to Engrossed Second Substitute House Bill No. 2605.
The motion by Senator Bauer carried and the Committee on Higher Education striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Bauer, the following title amendments were considered simultaneously and were adopted:
On page 1, line 1 of the title, after "education;" strike the remainder of the title and insert "amending RCW 28B.15.725 and 28B.15.012; amending 1989 c 290 s 1 (uncodified); and adding a new section to chapter 28B.15 RCW."
On page 5, beginning on line 11 of the title amendment, after "28B.15.725" strike "and 28B.15.012" and insert "28B.15.012, and 28B.50.839"
On page 5, beginning on line 11 of the title amendment, after "28B.15.725" strike "and 28B.15.012" and insert "28B.15.012, and 28A.600.110"
On motion of Senator Bauer, the rules were suspended, Engrossed Second Substitute House Bill No. 2605, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator McDonald: "Senator Bauer, I was just trying to get--this is a very lengthy bill. It says 'tuitions and fees at four year institutions.' It looks to me as if you are allowing them to set it at the institution and maybe you can clarify that."
Senator Bauer: "Senator McDonald, that was the original bill, college-promised tuition setting at each institution. That all is stricken; the only two things left then in the striker, other than what we added here on the floor, was to allow for reciprocity for students that were in their under-graduate programs and the native American piece. That is the only thing that's left in the striker other than what we put on the floor in amendments."
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute House Bill No. 2605, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 2605, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 39; Nays, 10; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Bauer, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Moyer, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, West, Williams and Winsley - 39.
Voting nay: Senators Anderson, Bluechel, Cantu, Deccio, McCaslin, Morton, Nelson, Talmadge, Vognild and Wojahn - 10.
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2605, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2813, by House Committee on Commerce and Labor (originally sponsored by Representatives Romero, Veloria, Caver, Wolfe and Bray) (by request of Department of General Administration)
Revising provisions relating to public works contracts with the state.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 2813 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2813.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2813 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 49.
SUBSTITUTE HOUSE BILL NO. 2813, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2815, by House Committee on State Government (originally sponsored by Representatives Anderson, Veloria, Caver, Wolfe, Romero, Reams, Bray, Ballard, Pruitt, Jones and Quall) (by request of Department of General Administration)
Reforming state procurement practices.
The bill was read the second time.
MOTIONS
Senator Haugen moved that the following Committee on Government Operations amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.19.1906 and 1993 c 379 s 103 are each amended to read as follows:
Insofar as practicable, all purchases and sales shall be based on competitive bids, and a formal sealed bid procedure shall be used as standard procedure for all purchases and contracts for purchases and sales executed by the state purchasing and material control director and under the powers granted by RCW 43.19.190 through 43.19.1939. This requirement also applies to purchases and contracts for purchases and sales executed by agencies, including educational institutions, under delegated authority granted in accordance with provisions of RCW 43.19.190 or under RCW 28B.10.029. However, formal sealed bidding is not necessary for:
(1) Emergency purchases made pursuant to RCW 43.19.200 if the sealed bidding procedure would prevent or hinder the emergency from being met appropriately;
(2) Purchases not exceeding ((five)) one hundred thousand dollars, or subsequent limits as calculated by the office of financial management: PROVIDED, That the state director of general administration shall establish procedures to assure that purchases made by or on behalf of the various state agencies shall not be made so as to avoid the ((five)) one hundred thousand dollar bid limitation, or subsequent bid limitations as calculated by the office of financial management: PROVIDED FURTHER, That the state purchasing and material control director is authorized to reduce the formal sealed bid limits of ((five)) one hundred thousand dollars, or subsequent limits as calculated by the office of financial management, to a lower dollar amount for purchases by individual state agencies if considered necessary to maintain full disclosure of competitive procurement or otherwise to achieve overall state efficiency and economy in purchasing and material control. Quotations from four hundred dollars to ((five)) one hundred thousand dollars, or subsequent limits as calculated by the office of financial management, shall be secured from ((enough)) at least three vendors to assure establishment of a competitive price and may be obtained by telephone or written quotations, or both. The agency shall invite at least one quotation each from a certified minority and a certified women-owned vendor who shall otherwise qualify to perform such work. Immediately after the award is made, the bid quotations obtained shall be recorded and open to public inspection and shall be available by telephone inquiry. A record of competition for all such purchases from four hundred dollars to ((five)) one hundred thousand dollars, or subsequent limits as calculated by the office of financial management, shall be documented for audit purposes ((on a standard state form approved by the forms management center under the provisions of RCW 43.19.510)). Purchases up to four hundred dollars may be made without competitive bids based on buyer experience and knowledge of the market in achieving maximum quality at minimum cost: PROVIDED, That this four hundred dollar direct buy limit without competitive bids may be increased incrementally as required to a maximum of eight hundred dollars with the approval of at least ten of the members of the state supply management advisory board, if warranted by increases in purchasing costs due to inflationary trends;
(3) Purchases which are clearly and legitimately limited to a single source of supply and purchases involving special facilities, services, or market conditions, in which instances the purchase price may be best established by direct negotiation;
(4) Purchases of insurance and bonds by the risk management office under RCW 43.19.1935;
(5) Purchases and contracts for vocational rehabilitation clients of the department of social and health services: PROVIDED, That this exemption is effective only when the state purchasing and material control director, after consultation with the director of the division of vocational rehabilitation and appropriate department of social and health services procurement personnel, declares that such purchases may be best executed through direct negotiation with one or more suppliers in order to expeditiously meet the special needs of the state's vocational rehabilitation clients;
(6) Purchases by universities for hospital operation or biomedical teaching or research purposes and by the state purchasing and material control director, as the agent for state hospitals as defined in RCW 72.23.010, and for health care programs provided in state correctional institutions as defined in RCW 72.65.010(3) and veterans' institutions as defined in RCW 72.36.010 and 72.36.070, made by participating in contracts for materials, supplies, and equipment entered into by nonprofit cooperative hospital group purchasing organizations;
(7) Purchases by institutions of higher education not exceeding ((fifteen)) one hundred thousand dollars: PROVIDED, That for purchases between two thousand five hundred dollars and ((fifteen)) one hundred thousand dollars quotations shall be secured from enough vendors to assure establishment of a competitive price and may be obtained by telephone or written quotations, or both. For purchases between two thousand five hundred dollars and one hundred thousand dollars, each institution of higher education shall invite at least one quotation each from a certified minority and a certified women-owned contractor who shall otherwise qualify to perform such work. A record of competition for all such purchases made from two thousand five hundred to ((fifteen)) one hundred thousand dollars shall be documented for audit purposes; and
(8) Beginning on July 1, 1995, and on July 1 of each succeeding odd-numbered year, the dollar limits specified in this section shall be adjusted as follows: The office of financial management shall calculate such limits by adjusting the previous biennium's limits by the appropriate federal inflationary index reflecting the rate of inflation for the previous biennium. Such amounts shall be rounded to the nearest one hundred dollars.
Sec. 2. RCW 43.19.1908 and 1965 c 8 s 43.19.1908 are each amended to read as follows:
Competitive bidding required by RCW 43.19.190 through 43.19.1939 shall be solicited by public notice, and through the sending of notices by mail, electronic transmission, or other means to bidders on the appropriate list of bidders who shall have qualified by application to the division of purchasing. Bids may be solicited by the purchasing division from any source thought to be of advantage to the state. All bids shall be in writing and conform to rules of the division of purchasing."
On motion of Senator Haugen, the following amendments by Senators Haugen and Winsley to the Committee on Government Operations striking amendment were considered simultaneously and were adopted:
On page 3, line 9 of the amendment, after "from" strike "enough" and insert "((enough)) at least three"
On page 3, line 14 of the amendment, after "women-owned" strike "contractor" and insert "vendor"
MOTION
Senator Linda Smith moved that the following amendment by Senators Linda Smith, McDonald and Anderson to the Committee on Government Operations striking amendment be adopted:
On page 3, after line 35, insert the following:
"NEW SECTION. Sec. 3. It is the intent of the legislature that:
(1) All agencies, departments, offices of elective or appointed state officers, state institutions, colleges, universities, community colleges, technical colleges, college districts, public school districts, the supreme court, the court of appeals and any other entity receiving appropriations from the legislature deliver high quality services to the people of the state of Washington in the most efficient and cost-effective manner possible.
(2) The director of general administration, through the state purchasing and material control director established in RCW 43.19.180, be provided the highest level of flexibility in the purchase of all materials, supplies, services, and equipment necessary for the efficient support, maintenance, repair, and use of all agencies and departments under RCW 43.19.190.
(3) Primary deliberation regarding the purchase or delivery of services by state agencies, departments, and institutions focus upon strategies that foster cost controls and increased quality or service levels through the use of free market enterprise competition.
Sec. 4. RCW 41.06.380 and 1979 ex.s. c 46 s 2 are each amended to read as follows:
((Nothing contained in this chapter shall prohibit any department)) An agency, as defined in RCW 41.06.020, ((from purchasing services by contract with individuals or business entities if such services were regularly purchased by valid contract by such department prior to April 23, 1979: PROVIDED, That no such contract may be executed or renewed if it would have the effect of terminating classified employees or classified employee positions existing at the time of the execution or renewal of the contract)) may purchase services or the delivery of services through contracts with individuals or business entities. The execution or renewal of the contract must be in compliance with the provisions of RCW 43.19.1906.
Sec. 5. RCW 28B.16.040 and 1990 c 60 s 201 are each amended to read as follows:
The following classifications, positions, and employees of institutions of higher education and related boards are hereby exempted from coverage of this chapter:
(1) Members of the governing board of each institution and related boards, all presidents, vice presidents and their confidential secretaries, administrative and personal assistants; deans, directors, and chairmen; academic personnel; and executive heads of major administrative or academic divisions employed by institutions of higher education; and any employee of a community college district whose place of work is one which is physically located outside the state of Washington and who is employed pursuant to RCW 28B.50.092 and assigned to an educational program operating outside of the state of Washington.
(2) Student, part time, or temporary employees, and part time professional consultants, as defined by the higher education personnel board, employed by institutions of higher education and related boards.
(3) The director, his or her confidential secretary, assistant directors, and professional education employees of the state board for community and technical colleges ((education)).
(4) The personnel director of the higher education personnel board and his or her confidential secretary.
(5) The governing board of each institution, and related boards, may also exempt from this chapter, subject to the employees right of appeal to the higher education personnel board, classifications involving research activities, counseling of students, extension or continuing education activities, graphic arts or publications activities requiring prescribed academic preparation or special training, and principal assistants to executive heads of major administrative or academic divisions, as determined by the higher education personnel board((: PROVIDED, That no nonacademic employee engaged in office, clerical, maintenance, or food and trade services may be exempted by the higher education personnel board under this provision)).
Any classified employee having civil service status in a classified position who accepts an appointment in an exempt position shall have the right of reversion to the highest class of position previously held, or to a position of similar nature and salary.
A person occupying an exempt position who is terminated from the position for gross misconduct or malfeasance does not have the right of reversion to a classified position as provided for in this section.
Sec. 6. RCW 28B.16.240 and 1979 ex.s. c 46 s 1 are each amended to read as follows:
((Nothing contained in this chapter shall prohibit any)) An institution of higher education, as defined in RCW 28B.10.016, or related board ((from purchasing services by contract with individuals or business entities if such services were regularly purchased by valid contract at such institution prior to April 23, 1979: PROVIDED, That no such contract may be executed or renewed if it would have the effect of terminating classified employees or classified employee positions existing at the time of the execution or renewal of the contract)) may purchase services or the delivery of services through contracts with individuals or business entities. The execution or renewal of the contract must be in compliance with the provisions of RCW 43.19.1906.
NEW SECTION. Sec. 7. A new section is added to chapter 28A.400 RCW to read as follows:
Nothing in this chapter shall be construed as prohibiting the procurement or provision of nonacademic services. Directors of school districts may purchase services or the delivery of services through contracts with individuals or business entities. The execution or renewal of the contract must be in compliance with the provisions of RCW 43.19.1906."
Debate ensued.
Senator Erwin demanded a roll call and the demand was sustained.
Further debate ensued.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senators Linda Smith, McDonald and Anderson on page 3, after line 35, to the Committee on Government Operations striking amendment to Engrossed Substitute House Bill No. 2815.
ROLL CALL
The Secretary called the roll and the amendment to the committee amendment was not adopted by the following vote: Yeas, 19; Nays, 30; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Morton, Moyer, Nelson, Newhouse, Oke, Roach, Schow, Sellar, Smith, L. and West - 19.
Voting nay: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 30.
The President declared the question before the Senate to be the adoption of the Committee on Government Operations striking amendment, as amended, to Engrossed Substitute House Bill No. 2815.
The motion by Senator Haugen carried and the Committee on Governmental Operations striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Haugen, the following title amendment was adopted:
On page 1, line 1 of the title, after "practices;" strike the remainder of the title and insert "and amending RCW 43.19.1906 and 43.19.1908."
On motion of Senator Haugen, the rules were suspended, Engrossed Substitute House Bill No. 2815, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2815, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2815, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 49.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2815, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Vognild, the Senate commenced consideration of Engrossed House Bill No. 1242.
SECOND READING
ENGROSSED HOUSE BILL NO. 1242, by Representatives King, Heavey, G. Cole, Jones, Springer and Veloria
Allowing compensation for injured workers during industrial insurance appeals.
The bill was read the second time.
MOTION
Senator Vognild moved that the following amendment by Senators Vognild and Newhouse be adopted:
On page 3, line 10, strike all of subsection (5)
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Vognild and Newhouse on page 3, line 10, to Engrossed House Bill No. 1242.
The motion by Senator Vognild carried and the amendment was adopted.
MOTION
On motion of Senator Vognild, the rules were suspended, Engrossed House Bill No. 1242, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 1242, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1242, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 37; Nays, 11; Absent, 1; Excused, 0.
Voting yea: Senators Bauer, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, Moore, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 37.
Voting nay: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, McCaslin, McDonald, Morton, Moyer, Nelson and Prince - 11.
Absent: Senator Rasmussen, M. - 1.
ENGROSSED HOUSE BILL NO. 1242, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SPECIAL ORDER OF BUSINESS
On motion of Senator Gaspard, Engrossed Second Substitute House Bill No. 2319 will be made a special order of business for 4:55 p.m. today.
SECOND READING
ENGROSSED HOUSE BILL NO. 2487, by Representatives Appelwick, Forner and Karahalios (by request of Department of Social and Health Services)
Revising provisions relating to employer reporting to the Washington state support registry.
The bill was read the second time.
MOTION
On motion of Senator Rinehart, the rules were suspended, Engrossed House Bill No. 2487 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2487.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2487 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 4; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 45.
Voting nay: Senators Anderson, Cantu, Prince and Sellar - 4.
ENGROSSED HOUSE BILL NO. 2487, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED HOUSE BILL NO. 2390, by Representatives Finkbeiner, Heavey, Lisk, Chandler, Long, Forner, Conway, Johanson, Jones, Eide and Roland (by request of Department of Labor and Industries)
Clarifying statutes to reflect the organizational structure of the department of labor and industries.
The bill was read the second time.
MOTION
On motion of Senator Moore, the rules were suspended, Engrossed House Bill No. 2390 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2390.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 2390 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 49.
ENGROSSED HOUSE BILL NO. 2390, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2154, by House Committee on Appropriations (originally sponsored by Representatives R. Meyers, Valle, Carlson, Jones, Dellwo, Roland, Campbell, Dorn, Ogden, Kessler, Holm, Wineberry and Thibaudeau)
Providing protection for residents of long-term care facilities.
The bill was read the second time.
MOTIONS
On motion of Senator Talmadge, the following Committee on Health and Human Services amendment was adopted:
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 motion of Senator Talmadge, the following title amendment was adopted:
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."
MOTION
On motion of Senator Talmadge, the rules were suspended, Engrossed Second Substitute House Bill No. 2154, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Roach: "Senator Talmadge, you mentioned that you were concerned about a bill of rights for those that were in our institutions or in our homes and so the question comes up as stated in our summary, 'The prohibition against hiring persons who are barred from employment because of prior convictions for certain offenses is removed.' I am curious as to what that actually means."
Senator Talmadge: What it means, Senator, is that it is already dealt with in another provision of Washington Code. There is no need to have it restated here."
Senator Roach: "Well, possibly if we are removing some of these prohibitions that we might want to put the prohibitions back in. If we are talking about the rights that patients have, those that are least capable of caring for themselves--that need to be protected. I am wondering why we don't put those prohibitions back in this bill."
Senator Talmadge: "Well, Senator, let me give you a specific example. I appreciate your interest at this point. I don't think the members of the Senate intended that for every action in terms of changing rooms in a facility--if a person was moved from one room to another in a nursing-care facility, under the bill as it came over to us from the House of Representatives, that individual's lawyer would have to be notified. I don't think anybody intended that their legal representative be notified if somebody was changed from one bed to another in a facility--or one room to another. There should certainly be a notification to the family, but the idea of involving the legal profession in notification of every activity with respect to a patient seemed to be to us rather an extreme concept that the House had in the original bill."
Senator Roach: "Senator Talmadge, what kinds of prior convictions are we now going to--those individuals--going to allow--serve--this particular clientele?"
Senator Talmadge: "Senator, as I mentioned before that provision is already in Washington Code. Individuals that have prior convictions cannot serve people in long-term care. It didn't need to be restated here, where it was restated in very general terms as compared to the Code, which makes it very explicit as to the circumstances under which people can be employed to provide services to people in long-term care."
Senator Roach: "Was this discussed in committee?"
Senator Talmadge: "Indeed it was."
Senator Roach: "Thank you."
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute House Bill No. 2154, as amended by the Senate.
ROLL CALL
The Secretary 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 Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 49.
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2154, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
President Pro Tempore Wojahn assumed the Chair.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2521, by House Committee on Natural Resources and Parks (originally sponsored by Representatives Dunshee, Pruitt, J. Kohl, Valle, Wolfe, L. Johnson, Ogden, Romero, Rust, Linville and Patterson)
Regulating metals mining and milling operations.
The bill was read the second time.
MOTIONS
Senator Owen moved that the following Committee on Ways and Means amendment be adopted:
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 26 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. In determining the number of persons employed, only the following shall be included: Operators and nonadministration personnel; temporary personnel, personnel used for compliance with federal and state laws, and personnel required to meet regulatory requirements will not be included. 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. Sections 1 through 16 of this act shall constitute a new chapter in Title 78 RCW.
NEW SECTION. Sec. 26. (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. 27. 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. 28. 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. 29. 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. 30. Sections 6 through 8 and 18 through 22 of this act shall take effect July 1, 1995."
Senator Amondson moved that the following amendment to the Committee on Ways and Means striking amendment be adopted:
On page 12, line 14, after "period." strike everything through "included." on line 18
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senator Amondson on page 12, line 14, to the Committee on Ways and Means striking amendment to Engrossed Substitute House Bill No. 2521.
The motion by Senator Amondson carried and the amendment to the Committee on Ways and Means striking amendment was adopted.
MOTION
On motion of Senator Owen, the following amendment by Senators Owen, Amondson and Oke to the Committee on Ways and Means striking amendment was adopted:
On page 20, after line 26 of the amendment, insert the following:
"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.
"Renumber the remaining sections consecutively and correct internal references accordingly.
The President Pro Tempore declared the question before the Senate to be the adoption of the Committee on Ways and Means striking amendment, as amended, to Engrossed Substitute House Bill No. 2521.
The motion by Senator Owen carried and the Committee on Ways and Means striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Owen, the following title amendments were considered simultaneously and were adopted:
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 chapter to Title 78 RCW; creating new sections; prescribing penalties; providing an effective date; and declaring an emergency."
On page 22, line 2 of the title amendment, after "70.105 RCW;" insert "adding a new section to chapter 43.21C RCW;"
On motion of Senator Owen, the rules were suspended, Engrossed Substitute House Bill No. 2521, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Oke: "Senator Owen, are you aware that there are currently EIS documents and permit applications being prepared on different mining proposals? Is it the intent of this legislation to have the Department of Ecology delay action on any proposal until the provisions of the bill are implemented?"
Senator Owen: "First, yes, I am aware and no, this bill was drafted after a thorough review of the state's mining regulations by a legislative advisory group. Our deliberations identified no flaws in the existing environmental review process that should require the Department of Ecology to postpone action on proposals until the provisions of the bill are implemented."
POINT OF INQUIRY
Senator Sellar: "Senator Owen, is it your understanding that the provisions of this bill are intended to affect the shut down of the Cannon Mine in Wenatchee?"
Senator Owen: "No, Senator Sellar, the Cannon Mine is an existing mine and its shut down has been under way for a year. This bill affects new mines and expansions of existing mines only."
Further debate ensued.
POINT OF INQUIRY
Senator Anderson: "Senator Owen, would the type of mining that Olivine does in my district, would that be subject to the provisions of this bill? They are not a new mine, but if they wanted to expand the mine would that be part of the provisions of this bill?"
Senator Owen: "I'm not familiar with this mine. Is it a metals's mine? What kind of mine is it?"
Senator Anderson: "They mine olivine; that's the product."
Senator Owen: "Olivine? No, it is exempted in the bill. It would not be affected by it. I don't recognize the name that you are saying, but my experts around here are informing me that is not one of the metals that are included in this mining act."
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2521, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2521, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 39; Nays, 10; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Loveland, Ludwig, McAuliffe, Moore, Morton, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 39.
Voting nay: Senators Amondson, Anderson, Deccio, Hargrove, Hochstatter, McCaslin, McDonald, Moyer, Prince and Schow - 10.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2521, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
President Pritchard assumed the Chair.
MOTION
On motion of Senator Spanel, the Senate commenced consideration of Engrossed Substitute House Bill No. 2688.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2688, by House Committee on Commerce and Labor (originally sponsored by Representatives G. Cole and King) (by request of Attorney General)
Modifying the duties and responsibilities of sellers of travel.
The bill was read the second time.
MOTION
Senator Moore moved that the following Committee on Labor and Commerce amendment not be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 19.138.010 and 1986 c 283 s 1 are each amended to read as follows:
The legislature finds and declares that advertising, sales, and business practices of certain ((travel charter or tour operators)) sellers of travel have worked financial hardship upon the people of this state; that the travel business has a significant impact upon the economy and well-being of this state and its people; that problems have arisen regarding certain ((segments of the travel charter or tour operator business)) sales of travel; and that the public welfare requires ((regulation)) registration of ((travel charter or tour operators)) sellers of travel in order to eliminate unfair advertising, sales and business practices. The legislature further finds it necessary to establish standards that will safeguard the people against financial hardship and to encourage fair dealing and prosperity in the travel business.
NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Department" means the department of licensing.
(2) "Director" means the director of licensing or the director's designee.
(3) "Seller of travel" means a person, firm, or corporation both inside and outside the state of Washington, who transacts business with Washington consumers, including, but not limited to, travel agencies, who sell, provide, furnish contracts for, arrange, or advertise, either directly or indirectly, by any means or method, to arrange or book any travel services including travel reservations or accommodations, tickets for domestic or foreign travel by air, rail, ship, bus, or other medium of transportation or hotel or other lodging accommodation and vouchers or coupons to be redeemed for future travel or accommodations for a fee, commission, or other valuable consideration.
(a) "Seller of travel" includes a travel agent and any person who is an independent contractor or outside agent for a travel agency or other seller of travel whose principal duties include consulting with and advising persons concerning travel arrangements or accommodations in the conduct or administration of its business. If a seller of travel is employed by a seller of travel who is registered under this chapter, the employee need not also be registered.
(b) "Seller of travel" does not include:
(i) An air carrier;
(ii) An owner or operator of a vessel including an ocean common carrier as defined in 46 U.S.C. App. 1702(18), an owner or charterer of a vessel that is required to establish its financial responsibility in accordance with the requirements of the federal maritime commission, 46 U.S.C. App. 817 (e), and a steamboat company as defined in RCW 84.12.200 whether or not operating over and upon the waters of this state;
(iii) A motor carrier;
(iv) A rail carrier;
(v) A charter party carrier of passengers as defined in RCW 81.70.020;
(vi) An auto transportation company as defined in RCW 81.68.010;
(vii) A hotel or other lodging accommodation;
(viii) An affiliate of any person or entity described in (i) through (vii) of this subsection (3)(b) that is primarily engaged in the sale of travel services provided by the person or entity. For purposes of this subsection (3)(b)(viii), an "affiliate" means a person or entity owning, owned by, or under common ownership, with "owning," "owned," and "ownership" referring to equity holdings of at least eighty percent.
(4) "Travel services" includes transportation by air, sea, or rail ground transportation, hotel or any lodging accommodations, or package tours, whether offered or sold on a wholesale or retail basis.
(5) "Advertisement" includes, but is not limited to, a written or graphic representation in a card, brochure, newspaper, magazine, directory listing, or display, and oral, written, or graphic representations made by radio, television, or cable transmission that relates to travel services.
NEW SECTION. Sec. 3. No person, firm, or corporation may act or hold itself out as a seller of travel unless, prior to engaging in the business of selling or advertising to sell travel services, the person, firm, or corporation registers with the director under this chapter and rules adopted under this chapter.
(1) The registration number must be conspicuously posted in the place of business and must be included in all advertisements. Any corporation which issues a class of equity securities registered under section 12 of the securities exchange act of 1934, and any subsidiary, the majority of voting stock of which is owned by such corporation including any wholly owned subsidiary of such corporation are not required to include company registration numbers in advertisements.
(2) The director shall issue duplicate registrations upon payment of a nominal duplicate registration fee to valid registration holders operating more than one office.
(3) No registration is assignable or transferable.
(4) If a registered seller of travel sells his or her business, when the new owner becomes responsible for the business, the new owner must comply with all provisions of this chapter, including registration.
NEW SECTION. Sec. 4. An application for registration as a seller of travel shall be submitted in the form prescribed by rule by the director, and shall contain but not be limited to the following:
(1) The name, address, and telephone number of the seller of travel;
(2) Proof that the seller of travel holds a valid business license in the state of its principal state of business;
(3) A registration fee in an amount determined under RCW 43.24.086;
(4) The name, address, and social security numbers of all employees who sell travel and are covered by the seller of travel's registration. This subsection shall not apply to the out-of-state employees of a corporation that issues a class of equity securities registered under section 12 of the securities exchange act of 1934, and any subsidiary, the majority of voting stock of which is owned by the corporation.
NEW SECTION. Sec. 5. (1) Each seller of travel shall renew its registration on or before July 1 of every other year or as otherwise determined by the director.
(2) Renewal of a registration is subject to the same provisions covering issuance, suspension, and revocation of a registration originally issued.
(3) The director may refuse to renew a registration for any of the grounds set out under section 6 of this act, and where the past conduct of the applicant affords reasonable grounds for belief that the applicant will not carry out the applicant's duties in accordance with law and with integrity and honesty. The director shall promptly notify the applicant in writing by certified mail of its intent to refuse to renew the registration. The registrant may, within twenty-one days after receipt of that notice or intent, request a hearing on the refusal. The director may permit the registrant to honor commitments already made to its customers, but no new commitments may be incurred, unless the director is satisfied that all new commitments are completely bonded or secured to insure that the general public is protected from loss of money paid to the registrant. It is the responsibility of the registrant to contest the decision regarding conditions imposed or registration denied through the process established by the administrative procedure act, chapter 34.05 RCW.
NEW SECTION. Sec. 6. (1) The director may deny, suspend, or revoke the registration of a seller of travel if the director finds that the applicant:
(a) Was previously the holder of a registration issued under this chapter, and the registration was revoked for cause and never reissued by the director, or the registration was suspended for cause and the terms of the suspension have not been fulfilled;
(b) Has been found guilty of a felony within the past five years involving moral turpitude, or of a misdemeanor concerning fraud or conversion, of suffers a judgment in a civil action involving willful fraud, misrepresentation, or conversion;
(c) Has made a false statement of a material fact in an application under this chapter or in data attached to it;
(d) Has violated this chapter or failed to comply with a rule adopted by the director under this chapter;
(e) Has failed to display the registration as provided in this chapter;
(f) Has published or circulated a statement with the intent to deceive, misrepresent, or mislead the public;
(g) Has committed a fraud or fraudulent practice in the operation and conduct of a travel agency business, including, but not limited to, intentionally misleading advertising; or
(h) Has aided or abetted a person, firm, or corporation that they know has not registered in this state in the business of conducting a travel agency or other sale of travel.
(2) If the seller of travel is found in violation of this chapter or in violation of the consumer protection act, chapter 19.86 RCW, by the entry of a judgment or by settlement of a claim, the director may revoke the registration of the seller of travel, and the director may reinstate the registration at the director's discretion.
NEW SECTION. Sec. 7. The department, in cooperation with the industry, shall examine the establishment of a cost recovery account to indemnify industry customers and shall report to the legislature by December 1, 1994, concerning legislation to establish such an account.
NEW SECTION. Sec. 8. A seller of travel shall perform its duties reasonably and with ordinary care in providing travel services.
Sec. 9. RCW 19.138.030 and 1986 c 283 s 3 are each amended to read as follows:
A ((travel charter or tour operator)) seller of travel shall not advertise that air, sea, or land transportation either separately or in conjunction with other services is or may be available unless he or she has, prior to ((such)) the advertisement, ((received written confirmation with a carrier for the transportation advertised)) determined that the product advertised was available at the time the advertising was placed. This determination can be made by the seller of travel either by use of an airline computer reservation system, or by written confirmation from the vendor whose program is being advertised.
It is the responsibility of the seller of travel to keep written or printed documentation of the steps taken to verify that the advertised offer was available at the time the advertising was placed. These records are to be maintained for at least two years after the placement of the advertisement.
Sec. 10. RCW 19.138.040 and 1986 c 283 s 4 are each amended to read as follows:
At or prior to the time of full or partial payment for air, sea, or land transportation or any other services offered by the seller of travel ((charter or tour operator)) in conjunction with ((such)) the transportation, the seller of travel ((charter or tour operator)) shall furnish to the person making the payment a written statement conspicuously setting forth the following information:
(1) The name and business address and telephone number of the ((travel charter or tour operator)) seller of travel.
(2) The amount paid, the date of such payment, the purpose of the payment made, and an itemized statement of the balance due, if any.
(3) The ((location and)) registration number of the ((trust account or bond)) seller of travel required by this chapter.
(4) The name of the ((carrier)) vendor with whom the ((travel charter or tour operator)) seller of travel has contracted to provide ((the transportation, the type of equipment contracted, and the date, time, and place of each departure: PROVIDED, That the information required in this subsection may be provided at the time of final payment)) travel arrangements for a consumer and all pertinent information relating to the travel as known by the seller of travel at the time of booking. The seller of travel will make known further details as soon as received from the vendor. All information will be provided with final documentation.
(5) The conditions, if any, upon which the contract between the ((travel charter or tour operator)) seller of travel and the passenger may be canceled, and the rights and obligations of all parties in the event of ((such)) cancellation.
(6) A statement in eight-point boldface type in substantially the following form:
"If transportation or other services are canceled by the ((travel charter or tour operator)) seller of travel, all sums paid to the ((travel charter or tour operator)) seller of travel for services not performed in accordance with the contract between the ((travel charter or tour operator)) seller of travel and the ((passenger)) purchaser will be refunded within ((fourteen)) thirty days ((after the cancellation by the travel charter or tour operator to the passenger or the party who contracted for the passenger unless mutually acceptable alternative travel arrangements are provided)) of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date."
Sec. 11. RCW 19.138.050 and 1986 c 283 s 5 are each amended to read as follows:
(1) If the transportation or other services contracted for are canceled ((the travel charter or tour operator)), or if the money is to be refunded for any reason, the seller of travel shall ((return)) refund to the ((passenger within fourteen days after the cancellation all moneys paid for services not performed in accordance with the contract unless mutually acceptable alternative travel arrangements are provided)) person with whom it contracts for travel services, the money due the person within thirty days of receiving the funds from the vendor with whom the services were arranged. If the funds were not sent to the vendor and remain in the possession of the seller of travel, the funds shall be refunded within fourteen days.
(2) Any material misrepresentation with regard to the transportation and other services offered shall be deemed to be a cancellation necessitating the refund required by this section.
(3) When travel services are paid to a vendor and charged to a consumer's credit card by the seller of travel, and the arrangements are subsequently canceled by the consumer, the vendor, or the seller of travel, any refunds to the consumer's credit card must be applied for within ten days from the date of cancellation.
(4) The seller of travel shall not be obligated to refund any cancellation penalties imposed by the vendor with whom the services were arranged if these penalties were disclosed in the statement required under RCW 19.138.040.
NEW SECTION. Sec. 12. The director has the following powers and duties:
(1) To adopt, amend, and repeal rules to carry out the purposes of this chapter;
(2) To issue and renew registrations under this chapter and to deny or refuse to renew for failure to comply with this chapter;
(3) To suspend or revoke a registration for a violation of this chapter;
(4) To establish fees;
(5) Upon receipt of a complaint, to inspect and audit the books and records of a seller of travel. The seller of travel shall immediately make available to the director those books and records as may be requested at the seller of travel's place of business or at a location designated by the director. For that purpose, the director shall have full and free access to the office and places of business of the seller of travel during regular business hours; and
(6) To do all things necessary to carry out the functions, powers, and duties set forth in this chapter.
NEW SECTION. Sec. 13. (1) A nonresident seller of travel soliciting business or selling travel in the state of Washington, by mail, telephone, or otherwise, either directly or indirectly, is deemed, absent any other appointment, to have appointed the director to be the seller of travel's true and lawful attorney upon whom may be served any legal process against that nonresident arising or growing out of a transaction involving travel services. That solicitation signifies the nonresident's agreement that process against the nonresident that is served as provided in this chapter is of the same legal force and validity as if served personally on the nonresident seller of travel.
(2) Service of process upon a nonresident seller of travel shall be made by leaving a copy of the process with the director. The fee for the service of process shall be determined by the director by rule. That service is sufficient service upon the nonresident if the plaintiff or plaintiff's attorney of record sends notice of the service and a copy of the process by certified mail before service or immediately after service to the defendant at the address given by the nonresident in a solicitation furnished by the nonresident, and the sender's post office receipt of sending and the plaintiff's or plaintiff's attorney's affidavit of compliance with this section are returned with the process in accordance with Washington superior court civil rules. Notwithstanding the foregoing requirements, however, once service has been made on the director as provided in this section, in the event of failure to comply with the requirement of notice to the nonresident, the court may order that notice be given that will be sufficient to apprise the nonresident.
NEW SECTION. Sec. 14. The director, in the director's discretion, may:
(1) Annually, or more frequently, make public or private investigations within or without this state as the director deems necessary to determine whether a registration should be granted, denied, revoked, or suspended, or whether a person has violated or is about to violate this chapter or a rule adopted or order issued under this chapter, or to aid in the enforcement of this chapter or in the prescribing of rules and forms of this chapter;
(2) Publish information concerning a violation of this chapter or a rule adopted or order issued under this chapter; and
(3) Investigate complaints concerning practices by sellers of travel for which registration is required by this chapter.
NEW SECTION. Sec. 15. For the purpose of an investigation or proceeding under this chapter, the director or any officer designated by the director may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the director deems relevant or material to the inquiry.
NEW SECTION. Sec. 16. If it appears to the director that a person has engaged in an act or practice constituting a violation of this chapter or a rule adopted or order issued under this chapter, the director may, in the director's discretion, issue an order directing the person to cease and desist from continuing the act or practice. Reasonable notice of an opportunity for a hearing shall be given. The director may issue a temporary order pending the hearing, which shall remain in effect until ten days after the hearing is held and which shall become final if the person to whom the notice is addressed does not request a hearing within fifteen days after the receipt of the notice.
NEW SECTION. Sec. 17. The attorney general, a county prosecuting attorney, the director, or any person may, in accordance with the law of this state governing injunctions, maintain an action in the name of this state to enjoin a person or entity selling travel services for which registration is required by this chapter without registration from engaging in the practice until the required registration is secured. However, the injunction shall not relieve the person or entity selling travel services without registration from criminal prosecution therefor, but the remedy by injunction shall be in addition to any criminal liability.
NEW SECTION. Sec. 18. A person or business that violates an injunction issued under this chapter shall pay a civil penalty, as determined by the court, of not more than twenty-five thousand dollars, that shall be paid to the department. For the purpose of this section, the superior court issuing an injunction shall retain jurisdiction and the cause shall be continued, and in such cases the attorney general acting in the name of the state may petition for the recovery of civil penalties.
NEW SECTION. Sec. 19. The director or individuals acting on the director's behalf are immune from suit in any action, civil or criminal, based on disciplinary proceedings or other official acts performed in the course of their duties in the administration and enforcement of this chapter.
NEW SECTION. Sec. 20. (1) The director may assess against a person or organization that violates this chapter, or a rule adopted under this chapter, a civil penalty of not more than one thousand dollars for each violation.
(2) The person or organization shall be afforded the opportunity for a hearing, upon request made to the director within thirty days after the date of issuance of the notice of assessment. The hearing shall be conducted in accordance with chapter 34.05 RCW.
(3) A civil penalty shall be imposed by the court for each violation of this chapter in an amount not less than five hundred dollars nor more than two thousand dollars per violation.
(4) If a person fails to pay an assessment after it has become a final and unappealable order, or after the court has entered final judgment in favor of the state, the director may recover the amount assessed by action in the appropriate superior court. In the action, the validity and appropriateness of the final order imposing the penalty shall not be subject to review.
NEW SECTION. Sec. 21. The director may assess against a person or organization that violates this chapter, or a rule adopted under this chapter, the full amount of restitution as may be necessary to restore to a person an interest in money or property, real or personal, that may have been acquired by means of an act prohibited by or in violation of this chapter.
NEW SECTION. Sec. 22. In order to maintain or defend a lawsuit, a seller of travel must be registered with the department as required by this chapter and rules adopted under this chapter.
NEW SECTION. Sec. 23. (1) Each person who knowingly violates this chapter or who knowingly gives false or incorrect information to the director, attorney general, or county prosecuting attorney in filing statements required by this chapter, whether or not the statement or report is verified, is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.
(2) A person who violates this chapter or who gives false or incorrect information to the director, attorney general, or county prosecuting attorney in filing statements required by this chapter, whether or not the statement or report is verified, is guilty of a misdemeanor punishable under chapter 9A.20 RCW.
NEW SECTION. Sec. 24. The administrative procedure act, chapter 34.05 RCW, shall, wherever applicable, govern the rights, remedies, and procedures respecting the administration of this chapter.
NEW SECTION. Sec. 25. All information, documents, and reports filed with the director under this chapter are matters of public record and shall be open to public inspection, subject to reasonable regulation. The director may make public, on a periodic or other basis, the information as may be necessary or appropriate in the public interest concerning the registration, reports, and information filed with the director or any other matters to the administration and enforcement of this chapter.
NEW SECTION. Sec. 26. The legislature finds that the practices governed by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Any violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair and deceptive act or practice and unfair method of competition in the conduct of trade or commerce in violation of RCW 19.86.020. Remedies provided by chapter 19.86 RCW are cumulative and not exclusive.
NEW SECTION. Sec. 27. In addition to any other penalties or remedies under chapter 19.86 RCW, a person who is injured by a violation of this chapter may bring an action for recovery of actual damages, including court costs and attorneys' fees. No provision in this chapter shall be construed to limit any right or remedy provided under chapter 19.86 RCW.
NEW SECTION. Sec. 28. The following acts or parts of acts are each repealed:
(1) RCW 19.138.020 and 1986 c 283 s 2;
(2) RCW 19.138.060 and 1986 c 283 s 6;
(3) RCW 19.138.070 and 1986 c 283 s 7; and
(4) RCW 19.138.080 and 1986 c 283 s 8.
NEW SECTION. Sec. 29. Any state funds appropriated to the department of licensing for implementation of chapter . . ., Laws of 1994 (this act) for the biennium ending June 30, 1995, shall be reimbursed by June 30, 1997, by an assessment of fees sufficient to cover all costs of implementing chapter . . ., Laws of 1994 (this act).
NEW SECTION. Sec. 30. A violation of RCW 19.138.030 through 19.138.070 shall constitute a violation of RCW 19.86.020.
NEW SECTION. Sec. 31. 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. 32. Sections 1 through 28 of this act shall take effect January 1, 1996.
NEW SECTION. Sec. 33. Sections 2 through 6, 8, 12 through 27, 29, and 30 of this act are each added to chapter 19.138 RCW.
NEW SECTION. Sec. 34. The director of licensing, beginning July 1, 1995, may take such steps as are necessary to ensure that this act is implemented on its effective date."
The President declared the question before the Senate to be the motion by Senator Moore that the Committee on Labor and Commerce striking amendment to Engrossed Substitute House Bill No. 2688 not be adopted.
The motion by Senator Moore carried and the Committee on Labor and Commerce striking amendment to Engrossed Substitute House Bill No. 2688 was not adopted.
MOTION
Senator Prentice moved that the following amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 19.138.010 and 1986 c 283 s 1 are each amended to read as follows:
The legislature finds and declares that advertising, sales, and business practices of certain ((travel charter or tour operators)) sellers of travel have worked financial hardship upon the people of this state; that the travel business has a significant impact upon the economy and well-being of this state and its people; that problems have arisen regarding certain ((segments of the travel charter or tour operator business)) sales of travel; and that the public welfare requires ((regulation)) registration of ((travel charter or tour operators)) sellers of travel in order to eliminate unfair advertising, sales and business practices. The legislature further finds it necessary to establish standards that will safeguard the people against financial hardship and to encourage fair dealing and prosperity in the travel business.
NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Department" means the department of licensing.
(2) "Director" means the director of licensing or the director's designee.
(3) "Seller of travel" means a person, firm, or corporation both inside and outside the state of Washington, who transacts business with Washington consumers, including, but not limited to, travel agencies, who sell, provide, furnish contracts for, arrange, or advertise, either directly or indirectly, by any means or method, to arrange or book any travel services including travel reservations or accommodations, tickets for domestic or foreign travel by air, rail, ship, bus, or other medium of transportation or hotel or other lodging accommodation and vouchers or coupons to be redeemed for future travel or accommodations for a fee, commission, or other valuable consideration.
(a) "Seller of travel" includes a travel agent and any person who is an independent contractor or outside agent for a travel agency or other seller of travel whose principal duties include consulting with and advising persons concerning travel arrangements or accommodations in the conduct or administration of its business. If a seller of travel is employed by a seller of travel who is registered under this chapter, the employee need not also be registered.
(b) "Seller of travel" does not include:
(i) An air carrier;
(ii) An owner or operator of a vessel including an ocean common carrier as defined in 46 U.S.C. App. 1702(18), an owner or charterer of a vessel that is required to establish its financial responsibility in accordance with the requirements of the federal maritime commission, 46 U.S.C. App. 817 (e), and a steamboat company as defined in RCW 84.12.200 whether or not operating over and upon the waters of this state;
(iii) A motor carrier;
(iv) A rail carrier;
(v) A charter party carrier of passengers as defined in RCW 81.70.020;
(vi) An auto transportation company as defined in RCW 81.68.010;
(vii) A hotel or other lodging accommodation;
(viii) An affiliate of any person or entity described in (i) through (vii) of this subsection (3)(b) that is primarily engaged in the sale of travel services provided by the person or entity. For purposes of this subsection (3)(b)(viii), an "affiliate" means a person or entity owning, owned by, or under common ownership, with "owning," "owned," and "ownership" referring to equity holdings of at least eighty percent.
(4) "Travel services" includes transportation by air, sea, or rail ground transportation, hotel or any lodging accommodations, or package tours, whether offered or sold on a wholesale or retail basis.
(5) "Advertisement" includes, but is not limited to, a written or graphic representation in a card, brochure, newspaper, magazine, directory listing, or display, and oral, written, or graphic representations made by radio, television, or cable transmission that relates to travel services.
NEW SECTION. Sec. 3. No person, firm, or corporation may act or hold itself out as a seller of travel unless, prior to engaging in the business of selling or advertising to sell travel services, the person, firm, or corporation registers with the director under this chapter and rules adopted under this chapter.
(1) The registration number must be conspicuously posted in the place of business and must be included in all advertisements. Any corporation which issues a class of equity securities registered under section 12 of the securities exchange act of 1934, and any subsidiary, the majority of voting stock of which is owned by such corporation including any wholly owned subsidiary of such corporation are not required to include company registration numbers in advertisements.
(2) The director shall issue duplicate registrations upon payment of a nominal duplicate registration fee to valid registration holders operating more than one office.
(3) No registration is assignable or transferable.
(4) If a registered seller of travel sells his or her business, when the new owner becomes responsible for the business, the new owner must comply with all provisions of this chapter, including registration.
NEW SECTION. Sec. 4. An application for registration as a seller of travel shall be submitted in the form prescribed by rule by the director, and shall contain but not be limited to the following:
(1) The name, address, and telephone number of the seller of travel;
(2) Proof that the seller of travel holds a valid business license in the state of its principal state of business;
(3) A registration fee in an amount determined under RCW 43.24.086;
(4) The name, address, and social security numbers of all employees who sell travel and are covered by the seller of travel's registration. This subsection shall not apply to the out-of-state employees of a corporation that issues a class of equity securities registered under section 12 of the securities exchange act of 1934, and any subsidiary, the majority of voting stock of which is owned by the corporation;
(5) A report prepared and signed by a licensed public accountant or certified public accountant or other report, approved by the director, that verifies that the seller of travel maintains a trust account or other approved account at a federally insured institution located in the state of Washington, the location and number of that trust account or other approved account, and verifying that the account is maintained and used as required by section 8 of this act. The director, by rule, may permit alternatives to the report that provides for at least the same level of verification.
NEW SECTION. Sec. 5. (1) Each seller of travel shall renew its registration on or before July 1 of every other year or as otherwise determined by the director.
(2) Renewal of a registration is subject to the same provisions covering issuance, suspension, and revocation of a registration originally issued.
(3) The director may refuse to renew a registration for any of the grounds set out under section 6 of this act, and where the past conduct of the applicant affords reasonable grounds for belief that the applicant will not carry out the applicant's duties in accordance with law and with integrity and honesty. The director shall promptly notify the applicant in writing by certified mail of its intent to refuse to renew the registration. The registrant may, within twenty-one days after receipt of that notice or intent, request a hearing on the refusal. The director may permit the registrant to honor commitments already made to its customers, but no new commitments may be incurred, unless the director is satisfied that all new commitments are completely bonded or secured to insure that the general public is protected from loss of money paid to the registrant. It is the responsibility of the registrant to contest the decision regarding conditions imposed or registration denied through the process established by the administrative procedure act, chapter 34.05 RCW.
NEW SECTION. Sec. 6. (1) The director may deny, suspend, or revoke the registration of a seller of travel if the director finds that the applicant:
(a) Was previously the holder of a registration issued under this chapter, and the registration was revoked for cause and never reissued by the director, or the registration was suspended for cause and the terms of the suspension have not been fulfilled;
(b) Has been found guilty of a felony within the past five years involving moral turpitude, or of a misdemeanor concerning fraud or conversion, of suffers a judgment in a civil action involving willful fraud, misrepresentation, or conversion;
(c) Has made a false statement of a material fact in an application under this chapter or in data attached to it;
(d) Has violated this chapter or failed to comply with a rule adopted by the director under this chapter;
(e) Has failed to display the registration as provided in this chapter;
(f) Has published or circulated a statement with the intent to deceive, misrepresent, or mislead the public;
(g) Has committed a fraud or fraudulent practice in the operation and conduct of a travel agency business, including, but not limited to, intentionally misleading advertising; or
(h) Has aided or abetted a person, firm, or corporation that they know has not registered in this state in the business of conducting a travel agency or other sale of travel.
(2) If the seller of travel is found in violation of this chapter or in violation of the consumer protection act, chapter 19.86 RCW, by the entry of a judgment or by settlement of a claim, the director may revoke the registration of the seller of travel, and the director may reinstate the registration at the director's discretion.
NEW SECTION. Sec. 7. The department, in cooperation with the travel industry and the office of the attorney general shall examine the establishment of a cost recovery fund, surety bond, or other requirement to indemnify industry consumers. The department shall report to the legislature by December 1, 1994, concerning legislation to establish one or all of these procedures.
NEW SECTION. Sec. 8. (1) Within five business days of receipt, a seller of travel shall deposit all sums received from a person or entity, for travel services offered by the seller of travel, in a trust account or other approved account maintained in a federally insured financial institution located in Washington state. Exempted are airline sales made by a seller of travel, when payments for the airline tickets are made through the airline reporting corporation either by cash or credit card sale.
(2) The trust account or other approved account required by this section shall be established and maintained for the benefit of any person or entity paying money to the seller of travel. The seller of travel shall not in any manner encumber the amounts in trust and shall not withdraw money from the account except the following amounts may be withdrawn at any time:
(a) Partial or full payment for travel services to the entity directly providing the travel service;
(b) Refunds as required by this chapter;
(c) The amount of the sales commission;
(d) Interest earned and credited to the trust account or other approved account; or
(e) Remaining funds of a purchaser once all travel services have been provided or once tickets or other similar documentation binding upon the ultimate provider of the travel services have been provided.
(3) At the time of registration, the seller of travel shall file with the department the account number and the name of the financial institution at which the trust account or other approved account is held as set forth in section 4 of this act. The seller of travel shall notify the department of any change in the account number or location within one business day of the change.
(4) The director, by rule, may allow for the use of other types of funds or accounts only if the protection for consumers is no less than that provided by this section.
(5) The seller of travel need not comply with the requirements of this section if all of the following apply, except as exempted in subsection (1) of this section:
(a) The payment is made by credit card;
(b) The seller of travel does not deposit, negotiate, or factor the credit card charge or otherwise seek to obtain payment of the credit card charge to any account over which the seller of travel has any control; and
(c) If the charge includes transportation, the carrier that is to provide the transportation processes the credit card charge, or if the charge is only for services, the provider of services processes the credit card charges.
(6) If the seller of travel maintains its principal place of business in another state and maintains a trust account or other approved account in that state consistent with the requirement of this section, and if that seller of travel has transacted business within the state of Washington in an amount exceeding five million dollars for the preceding year, the out-of-state trust account or other approved account may be substituted for the in-state account required under this section.
NEW SECTION. Sec. 9. A seller of travel shall perform its duties reasonably and with ordinary care in providing travel services.
Sec. 10. RCW 19.138.030 and 1986 c 283 s 3 are each amended to read as follows:
A ((travel charter or tour operator)) seller of travel shall not advertise that air, sea, or land transportation either separately or in conjunction with other services is or may be available unless he or she has, prior to ((such)) the advertisement, ((received written confirmation with a carrier for the transportation advertised)) determined that the product advertised was available at the time the advertising was placed. This determination can be made by the seller of travel either by use of an airline computer reservation system, or by written confirmation from the vendor whose program is being advertised.
It is the responsibility of the seller of travel to keep written or printed documentation of the steps taken to verify that the advertised offer was available at the time the advertising was placed. These records are to be maintained for at least two years after the placement of the advertisement.
Sec. 11. RCW 19.138.040 and 1986 c 283 s 4 are each amended to read as follows:
At or prior to the time of full or partial payment for air, sea, or land transportation or any other services offered by the seller of travel ((charter or tour operator)) in conjunction with ((such)) the transportation, the seller of travel ((charter or tour operator)) shall furnish to the person making the payment a written statement conspicuously setting forth the following information:
(1) The name and business address and telephone number of the ((travel charter or tour operator)) seller of travel.
(2) The amount paid, the date of such payment, the purpose of the payment made, and an itemized statement of the balance due, if any.
(3) The ((location and)) registration number of the ((trust account or bond)) seller of travel required by this chapter.
(4) The name of the ((carrier)) vendor with whom the ((travel charter or tour operator)) seller of travel has contracted to provide ((the transportation, the type of equipment contracted, and the date, time, and place of each departure: PROVIDED, That the information required in this subsection may be provided at the time of final payment)) travel arrangements for a consumer and all pertinent information relating to the travel as known by the seller of travel at the time of booking. The seller of travel will make known further details as soon as received from the vendor. All information will be provided with final documentation.
(5) The conditions, if any, upon which the contract between the ((travel charter or tour operator)) seller of travel and the passenger may be canceled, and the rights and obligations of all parties in the event of ((such)) cancellation.
(6) A statement in eight-point boldface type in substantially the following form:
"If transportation or other services are canceled by the ((travel charter or tour operator)) seller of travel, all sums paid to the ((travel charter or tour operator)) seller of travel for services not performed in accordance with the contract between the ((travel charter or tour operator)) seller of travel and the ((passenger)) purchaser will be refunded within ((fourteen)) thirty days ((after the cancellation by the travel charter or tour operator to the passenger or the party who contracted for the passenger unless mutually acceptable alternative travel arrangements are provided)) of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date."
Sec. 12. RCW 19.138.050 and 1986 c 283 s 5 are each amended to read as follows:
(1) If the transportation or other services contracted for are canceled ((the travel charter or tour operator)), or if the money is to be refunded for any reason, the seller of travel shall ((return)) refund to the ((passenger within fourteen days after the cancellation all moneys paid for services not performed in accordance with the contract unless mutually acceptable alternative travel arrangements are provided)) person with whom it contracts for travel services, the money due the person within thirty days of receiving the funds from the vendor with whom the services were arranged. If the funds were not sent to the vendor and remain in the possession of the seller of travel, the funds shall be refunded within fourteen days.
(2) Any material misrepresentation with regard to the transportation and other services offered shall be deemed to be a cancellation necessitating the refund required by this section.
(3) When travel services are paid to a vendor and charged to a consumer's credit card by the seller of travel, and the arrangements are subsequently canceled by the consumer, the vendor, or the seller of travel, any refunds to the consumer's credit card must be applied for within ten days from the date of cancellation.
(4) The seller of travel shall not be obligated to refund any cancellation penalties imposed by the vendor with whom the services were arranged if these penalties were disclosed in the statement required under RCW 19.138.040.
NEW SECTION. Sec. 13. The director has the following powers and duties:
(1) To adopt, amend, and repeal rules to carry out the purposes of this chapter;
(2) To issue and renew registrations under this chapter and to deny or refuse to renew for failure to comply with this chapter;
(3) To suspend or revoke a registration for a violation of this chapter;
(4) To establish fees;
(5) Upon receipt of a complaint, to inspect and audit the books and records of a seller of travel. The seller of travel shall immediately make available to the director those books and records as may be requested at the seller of travel's place of business or at a location designated by the director. For that purpose, the director shall have full and free access to the office and places of business of the seller of travel during regular business hours; and
(6) To do all things necessary to carry out the functions, powers, and duties set forth in this chapter.
NEW SECTION. Sec. 14. (1) A nonresident seller of travel soliciting business or selling travel in the state of Washington, by mail, telephone, or otherwise, either directly or indirectly, is deemed, absent any other appointment, to have appointed the director to be the seller of travel's true and lawful attorney upon whom may be served any legal process against that nonresident arising or growing out of a transaction involving travel services. That solicitation signifies the nonresident's agreement that process against the nonresident that is served as provided in this chapter is of the same legal force and validity as if served personally on the nonresident seller of travel.
(2) Service of process upon a nonresident seller of travel shall be made by leaving a copy of the process with the director. The fee for the service of process shall be determined by the director by rule. That service is sufficient service upon the nonresident if the plaintiff or plaintiff's attorney of record sends notice of the service and a copy of the process by certified mail before service or immediately after service to the defendant at the address given by the nonresident in a solicitation furnished by the nonresident, and the sender's post office receipt of sending and the plaintiff's or plaintiff's attorney's affidavit of compliance with this section are returned with the process in accordance with Washington superior court civil rules. Notwithstanding the foregoing requirements, however, once service has been made on the director as provided in this section, in the event of failure to comply with the requirement of notice to the nonresident, the court may order that notice be given that will be sufficient to apprise the nonresident.
NEW SECTION. Sec. 15. The director, in the director's discretion, may:
(1) Annually, or more frequently, make public or private investigations within or without this state as the director deems necessary to determine whether a registration should be granted, denied, revoked, or suspended, or whether a person has violated or is about to violate this chapter or a rule adopted or order issued under this chapter, or to aid in the enforcement of this chapter or in the prescribing of rules and forms of this chapter;
(2) Publish information concerning a violation of this chapter or a rule adopted or order issued under this chapter; and
(3) Investigate complaints concerning practices by sellers of travel for which registration is required by this chapter.
NEW SECTION. Sec. 16. For the purpose of an investigation or proceeding under this chapter, the director or any officer designated by the director may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the director deems relevant or material to the inquiry.
NEW SECTION. Sec. 17. If it appears to the director that a person has engaged in an act or practice constituting a violation of this chapter or a rule adopted or order issued under this chapter, the director may, in the director's discretion, issue an order directing the person to cease and desist from continuing the act or practice. Reasonable notice of an opportunity for a hearing shall be given. The director may issue a temporary order pending the hearing, which shall remain in effect until ten days after the hearing is held and which shall become final if the person to whom the notice is addressed does not request a hearing within fifteen days after the receipt of the notice.
NEW SECTION. Sec. 18. The attorney general, a county prosecuting attorney, the director, or any person may, in accordance with the law of this state governing injunctions, maintain an action in the name of this state to enjoin a person or entity selling travel services for which registration is required by this chapter without registration from engaging in the practice until the required registration is secured. However, the injunction shall not relieve the person or entity selling travel services without registration from criminal prosecution therefor, but the remedy by injunction shall be in addition to any criminal liability.
NEW SECTION. Sec. 19. A person or business that violates an injunction issued under this chapter shall pay a civil penalty, as determined by the court, of not more than twenty-five thousand dollars, that shall be paid to the department. For the purpose of this section, the superior court issuing an injunction shall retain jurisdiction and the cause shall be continued, and in such cases the attorney general acting in the name of the state may petition for the recovery of civil penalties.
NEW SECTION. Sec. 20. The director or individuals acting on the director's behalf are immune from suit in any action, civil or criminal, based on disciplinary proceedings or other official acts performed in the course of their duties in the administration and enforcement of this chapter.
NEW SECTION. Sec. 21. (1) The director may assess against a person or organization that violates this chapter, or a rule adopted under this chapter, a civil penalty of not more than one thousand dollars for each violation.
(2) The person or organization shall be afforded the opportunity for a hearing, upon request made to the director within thirty days after the date of issuance of the notice of assessment. The hearing shall be conducted in accordance with chapter 34.05 RCW.
(3) A civil penalty shall be imposed by the court for each violation of this chapter in an amount not less than five hundred dollars nor more than two thousand dollars per violation.
(4) If a person fails to pay an assessment after it has become a final and unappealable order, or after the court has entered final judgment in favor of the state, the director may recover the amount assessed by action in the appropriate superior court. In the action, the validity and appropriateness of the final order imposing the penalty shall not be subject to review.
NEW SECTION. Sec. 22. The director may assess against a person or organization that violates this chapter, or a rule adopted under this chapter, the full amount of restitution as may be necessary to restore to a person an interest in money or property, real or personal, that may have been acquired by means of an act prohibited by or in violation of this chapter.
NEW SECTION. Sec. 23. In order to maintain or defend a lawsuit, a seller of travel must be registered with the department as required by this chapter and rules adopted under this chapter.
NEW SECTION. Sec. 24. (1) Each person who knowingly violates this chapter or who knowingly gives false or incorrect information to the director, attorney general, or county prosecuting attorney in filing statements required by this chapter, whether or not the statement or report is verified, is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.
(2) A person who violates this chapter or who gives false or incorrect information to the director, attorney general, or county prosecuting attorney in filing statements required by this chapter, whether or not the statement or report is verified, is guilty of a misdemeanor punishable under chapter 9A.20 RCW.
NEW SECTION. Sec. 25. The administrative procedure act, chapter 34.05 RCW, shall, wherever applicable, govern the rights, remedies, and procedures respecting the administration of this chapter.
NEW SECTION. Sec. 26. All information, documents, and reports filed with the director under this chapter are matters of public record and shall be open to public inspection, subject to reasonable regulation. The director may make public, on a periodic or other basis, the information as may be necessary or appropriate in the public interest concerning the registration, reports, and information filed with the director or any other matters to the administration and enforcement of this chapter.
NEW SECTION. Sec. 27. The legislature finds that the practices governed by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Any violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair and deceptive act or practice and unfair method of competition in the conduct of trade or commerce in violation of RCW 19.86.020. Remedies provided by chapter 19.86 RCW are cumulative and not exclusive.
NEW SECTION. Sec. 28. In addition to any other penalties or remedies under chapter 19.86 RCW, a person who is injured by a violation of this chapter may bring an action for recovery of actual damages, including court costs and attorneys' fees. No provision in this chapter shall be construed to limit any right or remedy provided under chapter 19.86 RCW.
NEW SECTION. Sec. 29. The following acts or parts of acts are each repealed:
(1) RCW 19.138.020 and 1986 c 283 s 2;
(2) RCW 19.138.060 and 1986 c 283 s 6;
(3) RCW 19.138.070 and 1986 c 283 s 7; and
(4) RCW 19.138.080 and 1986 c 283 s 8.
NEW SECTION. Sec. 30. Any state funds appropriated to the department of licensing for implementation of chapter . . ., Laws of 1994 (this act) for the biennium ending June 30, 1995, shall be reimbursed by June 30, 1997, by an assessment of fees sufficient to cover all costs of implementing chapter . . ., Laws of 1994 (this act).
NEW SECTION. Sec. 31. A violation of RCW 19.138.030 through 19.138.070 shall constitute a violation of RCW 19.86.020.
NEW SECTION. Sec. 32. 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. 33. Sections 1 through 29 of this act shall take effect January 1, 1996.
NEW SECTION. Sec. 34. Sections 2 through 6, 8, 9, 13 through 28, 30, and 31 of this act are each added to chapter 19.138 RCW.
NEW SECTION. Sec. 35. The director of licensing, beginning July 1, 1995, may take such steps as are necessary to ensure that this act is implemented on its effective date."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senator Prentice to Engrossed Substitute House Bill No. 2688.
The motion by Senator Prentice carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Moore, the following title amendment was adopted:
On page 1, line 1 of the title, after "travel;" strike the remainder of the title and insert "amending RCW 19.138.010, 19.138.030, 19.138.040, and 19.138.050; adding new sections to chapter 19.138 RCW; creating new sections; repealing RCW 19.138.020, 19.138.060, 19.138.070, and 19.138.080; prescribing penalties; and providing an effective date."
On motion of Senator Moore, the rules were suspended, Engrossed Substitute House Bill No. 2688, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTION
On motion of Senator Drew, Senator Vognild was excused.
POINT OF INQUIRY
Senator West: "I need help from one of the legal minds on the floor, maybe Senator Talmadge, maybe Senator Smith. In Section 18, there is a phrase that says, 'or any person may in accordance with law bring an action in the name of the state.' Is that unusual--allowing a person to bring an action in the name of the state? I object to that. I don't know if that is a term of art or not. What it says is, 'the attorney general can or the prosecuting attorney or the director can bring an injunction.' I don't have a problem with that, bringing it in the name of the state, but I don't want to give just any Joe Smuck out there the authority to come in and in the name of the state of Washington file an injunction. Not being a lawyer, I don't know if that is a term of art or not. Obviously, no one over there is paying any attention, so I guess I will vote against the bill. Thank you."
Senator Amondson: "Senator West, I don't intend or claim to be a legal mind, nor would I want to be, but the bill itself, I think, speaks to the issue of what we have been doing and trying to do in this session. That is with respect to the issue of regulatory reform. I think it is unfortunate that many consumers are being taken advantage of by unscrupulous people such as travel agents--that are taking advantage of consumers and have a problem with absconding their dollars and going away with them.
"Unfortunately, I wish we could, but we can't always legislate common sense or moral fibre in the people that represent and do business. We can't do that; I think this bill tries to help in some manner to protect those consumers, but unfortunately as anything can happen, will happen. Those that break the law will continue to break the law and they will attempt to do so by whatever means possible. The legislation does go to a point of trying to protect them, but I don't think it will take care of the eventual problem and the underlying problem that people, if they want to break the law, they will."
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2688, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2688, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 28; Nays, 20; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Cantu, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge and Wojahn - 28.
Voting nay: Senators Amondson, Anderson, Bluechel, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Morton, Moyer, Nelson, Newhouse, Oke, Roach, Schow, Sellar, Smith, L., West, Williams and Winsley - 20.
Excused: Senator Vognild - 1.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2688, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Spanel, the Senate commenced consideration of Engrossed Substitute House Bill No. 2741.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2741, by House Committee on Natural Resources and Parks (originally sponsored by Representatives Linville, Pruitt, King, Rust, Valle, R. Johnson, Roland, Rayburn, R. Meyers, J. Kohl, Kremen, L. Johnson and Karahalios)
Coordinating watershed-based natural resource planning.
The bill was read the second time.
MOTIONS
Senator Owen moved that the following Committee on Natural Resources amendment be adopted:
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; and
(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.
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."
On motion of Senator Owen, the following amendments by Senators Owen and Rinehart to the Committee on Natural Resources striking amendment were considered simultaneously and were adopted:
On page 1, line 24 of the amendment, strike "and"
On page 1, line 27 of the amendment, after "other" insert "; 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"
On page 2, after line 33 of the amendment, insert the following:
"(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."
MOTION
On motion of Senator Owen, the following amendment by Senators Sutherland and Owen to the Committee on Natural Resources striking amendment was adopted:
On page 2, line 33, after "activities." insert the following:
"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."
The President declared the question before the Senate to be the adoption of the Committee on Natural Resources striking amendment, as amended, to Engrossed Substitute House bill No. 2741.
The motion by Senator Owen carried and the Committee on Natural Resources striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Owen, the following title amendment was adopted:
On page 1, line 2 of the title, after "planning;" strike the remainder of the title and insert "and creating new sections."
On motion of Senator Owen, the rules were suspended, Engrossed Substitute House Bill No. 2741, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
Senator Moore demanded the previous question, but the demand was not sustained.
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2741, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2741, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 4; Absent, 2; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Schow, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Williams, Winsley and Wojahn - 42.
Voting nay: Senators McCaslin, Morton, Roach and Sellar - 4.
Absent: Senators Bluechel and Pelz - 2.
Excused: Senator Vognild - 1.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2741, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Spanel, the Senate commenced consideration of Engrossed House Bill No. 2161.
SECOND READING
ENGROSSED HOUSE BILL NO. 2161, by Representatives Conway, King, Veloria, Heavey, Campbell, Orr, Wineberry, J. Kohl, Chappell and Anderson
Prohibiting disciplining public employees because of labor disputes.
The bill was read the second time.
MOTION
Senator Snyder moved that the following Committee on Labor and Commerce amendment not be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 41.56.160 and 1983 c 58 s 1 are each amended to read as follows:
The commission is empowered and directed to prevent any unfair labor practice and to issue appropriate remedial orders((: PROVIDED, That)). However, a complaint shall not be processed for any unfair labor practice occurring more than six months before the filing of the complaint with the commission. ((This)) The commission shall establish an expedited review and hearing process for an unfair labor practice involving a disciplinary action against a public employee for participating in a strike or honoring a picket line. Such disciplinary action shall be prohibited unless the employee's participation in a strike or honoring of a picket line is in violation of a court order. The power granted in this section shall not be affected or impaired by any means of adjustment, mediation or conciliation in labor disputes that have been or may hereafter be established by law."
The President declared the question before the Senate to be the motion by Senator Snyder that the Committee on Labor and Commerce striking amendment to Engrossed House Bill No 2161 not be adopted.
The motion by Senator Snyder carried and the Committee on Labor and Commerce striking amendment to Engrossed House Bill No. 2161 was not adopted.
MOTION
Senator Snyder moved that the following amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 41.56.160 and 1983 c 58 s 1 are each amended to read as follows:
The commission is empowered and directed to prevent any unfair labor practice and to issue appropriate remedial orders((: PROVIDED, That)). However, a complaint shall not be processed for any unfair labor practice occurring more than six months before the filing of the complaint with the commission. ((This)) The commission shall establish an expedited review and hearing process for an unfair labor practice involving a disciplinary action against a public employee for participating in a strike or honoring a picket line. Notwithstanding RCW 41.56.120, in the event that a public employee participates in a strike or honors a picket line against his or her public employer, and as a result of the strike or honoring of a picket line an amnesty agreement with the bargaining representative is approved by the legislative authority or governing body of the public entity that prohibits disciplinary action for such participation, any disciplinary action taken against an employee in violation of the amnesty agreement shall be subject to expedited review and remedial action by the commission. The power granted in this section shall not be affected or impaired by any means of adjustment, mediation or conciliation in labor disputes that have been or may hereafter be established by law."
POINT OF INQUIRY
Senator Anderson: "Senator Snyder, on the amendment, is the language still in here that is in our book that says it is clarifying that a disciplinary action against a public employee for participating in a strike or for honoring a picket line is prohibited? Is that language that was in the Senate amendment found in this amendment we are now adopting?"
Senator Snyder: "I can't answer that for sure, but the purpose of this is to get this in to conference and work out the problem. It is to take care of the action that was perpetuated in Spokane and also to clarify--some people think that the amendment that I have would keep the strike provision the same as it is in the law today. Other people think that it is going to change that."
The President declared the question before the Senate be the adoption of the striking amendment by Senator Snyder to Engrossed House Bill No. 2161.
The motion by Senator Snyder carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Snyder, the following title amendment was adopted:
On page 1, line 2 of the title, after "bargaining;" strike the remainder of the title and insert "and amending RCW 41.56.160."
Senator Snyder moved that the rules be suspended and Engrossed House Bill No. 2161, as amended by the Senate, be advanced to third reading, the second reading considered the third and the bill be placed on final passage.
REMARKS BY SENATOR WEST
Senator West: "Mr. President, I would suggest that we not suspend the rules on this bill, under Rule 64. The bill should be sent to the Rules Committee. I think it needs further review. None of us has had the opportunity to see the Snyder amendment and I don't think that we should waive Rule 64 or suspend Rule 64.
"I believe that you will find that by looking at Rule 64 that Rule 64 does not apply to within the three days or within the ten days, that is Rule 62. Rule 62 is the rule that says that each bill shall be read on a separate day. It says, 'three separate days unless the Senate deems it expedient to suspend this rule. On and after the tenth day preceding adjournment sine die of any session, or three days prior to any cut-off date for consideration of bills, as determined pursuant to Article 2, Section 19 of the constitution or concurrent resolution.' Then that rule, Rule 62, can be suspended by a majority vote.
"The rule I'm speaking of, Mr. President, is Rule 64. Rule 64 states, 'Upon second reading, the bill shall be read section by section, in full, and be subject to amendment. Any member may, if sustained by three members, remove a bill from the consent calendar, etc, etc.--No amendment shall be considered by the senate until it shall have been sent to the secretary's desk in writing and read by the secretary--all amendments adopted,'--I'll get to the pertinent section here--'When no further amendments shall be offered, the president shall declare the bill has passed its second reading, and shall be referred to the committee on rules for third reading.' That, Mr. President, would come under Rule No. 35, I believe, talking about suspension of the rules, which does require a two-thirds vote."
Senators Gaspard, Snyder and Spanel demanded the previous question and the demand was sustained.
MOTIONS
Senator Gaspard moved that the Senate commence consideration of Engrossed Second Substitute House Bill No. 2798.
Senator Erwin objected to the motion by Senator Gaspard to commence consideration of Engrossed Second Substitute House Bill No. 2798 and moved to consider Engrossed Substitute House Bill No. 2462.
The President declared the question before the Senate to be the first motion, the motion by Senator Gaspard, to commence consideration of Engrossed Second Substitute House Bill No. 2798.
The motion by Senator Gaspard carried and the Senate commenced consideration of Engrossed Second Substitute House Bill No. 2798.
SECOND READING
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2798, by House Committee on Appropriations (originally sponsored by Representatives Sommers, Thibaudeau, Cooke, Peery, Silver, Dorn, R. Meyers, Talcott, Valle, Carlson, Dunshee, Linville, Rust, Ballasiotes, Sehlin, Jacobsen, Foreman, Wolfe, Wineberry, Mastin, G. Fisher, Grant, Campbell, Brough, L. Thomas, B. Thomas, Lisk, McMorris, Chandler, Wood, Schoesler, Sheldon, Rayburn, Kremen, Brumsickle, Holm, Roland, Pruitt, Jones, Flemming, Horn, Kessler, Long, Shin, Moak, Finkbeiner, Quall, Conway, Springer, Tate, Mielke and Johanson)
Making major changes to the welfare system.
The bill was read the second time.
MOTION
Senator Talmadge moved that the following Committee on Ways and Means amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that lengthy stays on welfare, lack of access to vocational education and training, the inadequate emphasis on employment by the social welfare system, and teen pregnancy are obstacles to achieving economic independence. Therefore, the legislature intends that:
(1) Income and employment assistance programs emphasize the temporary nature of welfare and set goals of responsibility, work, and independence;
(2) State institutions take an active role in preventing pregnancy in young teens;
(3) Family planning assistance be readily available to welfare recipients;
(4) Support enforcement be more effective and the level of responsibility of noncustodial parents be significantly increased; and
(5) Employment assistance resources focus on recipients so as to reduce the likelihood of long-term stays on welfare and target most likely to benefit from such resources.
PART I. EMPHASIZING WORK AND FAMILY PLANNING IN PUBLIC ASSISTANCE
NEW SECTION. Sec. 2. A new section is added to chapter 74.12 RCW to read as follows:
The department shall train financial services and social work staff who provide direct service to recipients of aid to families with dependent children to:
(1) Effectively communicate the transitional nature of aid to families with dependent children and the expectation that recipients will enter employment;
(2) Actively refer clients to the job opportunities and basic skills program;
(3) Provide social services needed to overcome obstacles to employability; and
(4) Provide family planning information and assistance, including alternatives to abortion, which shall be conducted in consultation with the department of health.
NEW SECTION. Sec. 3. A new section is added to chapter 74.12 RCW to read as follows:
At time of application or reassessment under this chapter the department shall offer or contract for family planning information and assistance, including alternatives to abortion, and any other available locally based teen pregnancy prevention programs, to prospective and current recipients of aid to families with dependent children.
PART II. TEEN PREGNANCY PREVENTION
NEW SECTION. Sec. 4. For the 1994-95 school year, the office of the superintendent of public instruction shall administer a program that provides grants to school districts for media campaigns promoting sexual abstinence and addressing the importance of delaying sexual activity, pregnancy, and childbearing until individuals are ready to nurture and support their children. The messages shall be distributed in the school and community where produced. Grants to the school districts shall be for projects that are substantially designed and produced by students. The grants shall require a local private sector match equal to the state grant, which may include in-kind contribution of technical or other assistance from consultants or firms involved in public relations, advertising, broadcasting, and graphics or video production or other related fields. For purposes of evaluating the impact of the campaigns, applicants shall estimate student pregnancy and birth rates over the prior three to five years.
PART III. REFOCUSING JOBS
Sec. 5. RCW 74.25.010 and 1991 c 126 s 5 are each amended to read as follows:
The legislature establishes as state policy the goal of economic self-sufficiency for employable recipients of public assistance, through employment, training, and education. In furtherance of this policy, the legislature intends to comply with the requirements of the federal social security act, as amended, by creating a job opportunities and basic skills training program for applicants and recipients of aid to families with dependent children. The purpose of this program is to provide recipients of aid to families with dependent children the opportunity to obtain ((a full range of necessary)) appropriate education, training, skills, and supportive services, including child care, consistent with their needs, that will help them enter or reenter gainful employment, thereby avoiding long-term welfare dependence and achieving economic self-sufficiency. The program shall be operated by the department of social and health services in conformance with federal law and consistent with the following legislative findings:
(1) The legislature finds that the well-being of children depends not only on meeting their material needs, but also on the ability of parents to become economically self-sufficient. The job opportunities and basic skills training program is specifically directed at increasing the labor force participation and household earnings of aid to families with dependent children recipients, through the removal of barriers preventing them from achieving self-sufficiency. These barriers include, but are not limited to, the lack of recent work experience, supportive services such as affordable and reliable child care, adequate transportation, appropriate counseling, and necessary job-related tools, equipment, books, clothing, and supplies, the absence of basic literacy skills, the lack of educational attainment sufficient to meet labor market demands for career employees, and the nonavailability of useful labor market assessments.
(2) The legislature also recognizes that aid to families with dependent children recipients must be acknowledged as active participants in self-sufficiency planning under the program. The legislature finds that the department of social and health services should communicate concepts of the importance of work and how performance and effort directly affect future career and educational opportunities and economic well-being, as well as personal empowerment, self-motivation, and self-esteem to program participants. The legislature further recognizes that informed choice is consistent with individual responsibility, and that parents should be given a range of options for available child care while participating in the program.
(3) The legislature finds that current work experience is one of the most important factors influencing an individual's ability to work toward financial stability and an adequate standard of living in the long term, and that work experience should be the most important component of the program.
(4) The legislature finds that education, including, but not limited to, literacy, high school equivalency, vocational, secondary, and postsecondary, is one of the most important tools an individual needs to achieve full independence, and that this should be an important component of the program.
(((4))) (5) The legislature further finds that the objectives of this program are to assure that aid to families with dependent children recipients gain experience in the labor force and thereby enhance their long-term ability to achieve financial stability and an adequate standard of living at wages that will meet family needs.
Sec. 6. RCW 74.25.020 and 1993 c 312 s 7 are each amended to read as follows:
(1) The department of social and health services is authorized to contract with public and private employment and training agencies and other public service entities to provide services prescribed or allowed under the federal social security act, as amended, to carry out the purposes of the jobs training program. In contracting for job placement, job search, and other job opportunities and basic skills services, the department is encouraged to structure payments to the contractor on a performance basis. The department of social and health services has sole authority and responsibility to carry out the job opportunities and basic skills training program. No contracting entity shall have the authority to review, change, or disapprove any administrative decision, or otherwise substitute its judgment for that of the department of social and health services as to the application of policies and rules adopted by the department of social and health services. The department shall maximize the federal matching funds available for the job opportunities and basic skills program by aggressively seeking private and public funds as match for federal funds.
(2) The department shall collect information from all adult recipients of aid to families with dependent children on years of education and recent work experience. This information, along with age and number of months of assistance receipt, shall be used to target and prioritize job opportunities and basic skills services.
(3) To the extent feasible under federal law, the department of social and health services and all entities contracting with it shall ((give first priority of service to individuals volunteering for program participation)) place nonexempt adult recipients of aid to families with dependent children (AFDC) into the following four target categories:
(a) Recipients with high education and low-work experience;
(b) Recipients with high education and high-work experience;
(c) Recipients with low education and high-work experience; and
(d) Recipients with low education and low-work experience.
(4) As used in subsection (3) of this section, "low education" means having only a general equivalency diploma or lacking a high school diploma. "Low-work experience" means working five hundred or fewer hours annually.
(5) Aid to families with dependent children recipients under age twenty who have not completed high school will be required to do so and are excluded from the target categories defined in subsection (3) of this section.
(6) To the maximum extent permitted under state and federal law, the department and all entities contracting with the department shall prioritize existing job search, job training, and education resources in the manner provided in this subsection. All recipients in the target categories in subsection (3) (a), (b), and (c) of this section shall receive immediate mandatory job search assistance prior to any individualized assessment. To the extent that such assistance does not result in employment for a period of at least six months, additional job search assistance and training shall be provided as necessary for the recipient to become self-sufficient and as indicated by an individualized assessment and employability plan. The assessments and employability plan shall identify and primarily respond to a participant's job readiness. The job opportunities and basic skills training program components specified by the employability plan shall place a high priority on participants gaining work experience and participants under subsection (2) of this section will normally be expected to take any job offered unless there is good cause to refuse to accept a job. Good cause shall be found if any of the conditions described in subsection (3) of this section are met, or if accepting a job would result in a participant having to discontinue an education or job training program that is part of the participant's employability plan prior to completion of such education or job training program.
The department of social and health services shall track the experience of those recipients who accept any job offered as part of their job opportunities and basic skills program participation. In tracking such recipients, the department shall determine the wages and hours of the job taken, whether earnings resulted in ineligibility for aid to families with dependent children, whether the recipient returns to the aid to families with dependent children program, and, for recipients who do return to the aid to families with dependent children program, the wages and hours of subsequent jobs taken.
Hours of unsubsidized employment shall count towards participation requirements independent of date of hire or concurrent participation in other components of the job opportunities and basic skills program. The additional services identified through assessments and identified in the employability plan shall be provided within existing state and federal resources and in the following priority order: First, to recipients in the category in subsection (3)(a) of this section, second to recipients in the category in subsection (3)(b) of this section, and third to recipients in the category in subsection (3)(c) of this section. Recipients who have received aid to families with dependent children for thirty-six of the last sixty months shall have the highest priority for services within the categories in subsection (3) (a), (b), and (c) of this section. Recipients in the target category in subsection (3)(d) of this section shall receive job search assistance and other services to the extent that resources are available, with recipients who have received assistance grants for thirty-six of the last sixty months having the highest priority for services within this group.
(7) All job search, skills training, and postsecondary education shall be oriented towards local labor force needs as determined by the department in consultation with the local private industry council and the employment security department. Education and skills training shall emphasize basic, secondary, and vocational education. Aid to families with dependent children grants shall be provided to individuals attending a four-year college or university only if it can be demonstrated that it provides the fastest and most efficient path to employment for a particular recipient. Aid to families with dependent children recipients are prohibited from undertaking a postsecondary course of study oriented primarily towards liberal arts.
(8) Job search assistance, whether provided by the department or an entity contracting with the department, shall include job development services. The services shall be provided by persons responsible for identifying existing and potential job openings and for developing relationships with existing and potential area employers.
(((3))) (9) The department of social and health services shall adopt rules under chapter 34.05 RCW establishing criteria constituting circumstances of good cause for an individual failing or refusing to participate in an assigned program component, or failing or refusing to accept or retain employment. These criteria shall include, but not be limited to, the following circumstances: (a) If the individual is a parent or other relative personally providing care for a child under age ((six years, and the employment would require the individual to work more than twenty hours per week)) three; (b) if child care, or day care for an incapacitated individual living in the same home as a dependent child, is necessary for an individual to participate or continue participation in the program or accept employment, and such care is not available, and the department of social and health services fails to provide such care; (c) the employment would result in the family of the participant experiencing a net loss of cash income; or (d) circumstances that are beyond the control of the individual's household, either on a short-term or on an ongoing basis.
(((4))) (10) The department of social and health services shall adopt rules under chapter 34.05 RCW as necessary to effectuate the intent and purpose of this chapter.
NEW SECTION. Sec. 7. A new section is added to chapter 74.25 RCW to read as follows:
Recipients of aid to families with dependent children who are not participating in an education or work training program may volunteer to work in a licensed child care facility, or other willing volunteer work site. Licensed child care facilities participating in this effort shall provide care for the recipient's children and provide for the development of positive child care skills.
PART IV. ELIGIBILITY AND BENEFIT PAYMENT REVISIONS
NEW SECTION. Sec. 8. A new section is added to chapter 74.12 RCW to read as follows:
The department shall pay to all recipients of food stamps a cash grant equal to the monthly food stamp benefit.
NEW SECTION. Sec. 9. A new section is added to chapter 74.12 RCW to read as follows:
The department shall amend the state plan to eliminate the one hundred hour work rule for recipients of aid to families with dependent children-employable.
NEW SECTION. Sec. 10. A new section is added to chapter 74.12 RCW to read as follows:
The revisions to the aid to families with dependent children program and job opportunities and basic skills training program shall be implemented by the department of social and health services on a state-wide basis.
PART V. CHILD SUPPORT
NEW SECTION. Sec. 11. The department of social and health services shall make a substantial effort to determine the identity of the noncustodial parent through consistent implementation of RCW 70.58.080. By December 1, 1994, the department of social and health services shall report to the fiscal committees of the legislature on the method for validating claims of good cause for refusing to establish paternity, the methods used in other states, and the national average rate of claims of good cause for refusing to establish paternity compared to the Washington state rate of claims of good cause for refusing to establish paternity, the reasons for differences in the rates, and steps that may be taken to reduce these differences.
NEW SECTION. Sec. 12. A new section is added to chapter 74.20A RCW to read as follows:
(1) In each case within the jurisdiction of the office of support enforcement in which a child support obligation has been established, the secretary shall issue a letter, by mail, to the parent responsible for payment of the support obligation. The letter shall notify the parent that the fact and amount of the child support obligation will be reported to consumer reporting agencies, as defined in RCW 19.182.010, operating in the state of Washington.
(2) Within thirty days following the date that a notice described in subsection (1) of this section is mailed, the secretary shall report the fact and amount of the child support obligation to consumer reporting agencies, as defined in RCW 19.182.010, operating in the state of Washington. Any modification in the amount of a child support obligation for which a report has been made under this section, shall be reported to consumer reporting agencies, as defined in RCW 19.182.010, operating in the state of Washington.
NEW SECTION. Sec. 13. A new section is added to chapter 74.20 RCW to read as follows:
(1) The office of support enforcement shall contract with private collection agencies to pursue collection of arrearages that might otherwise consume a disproportionate share of the office's collection efforts. In determining appropriate contract provisions, the department shall consult with other state support enforcement agencies which have successfully contracted with private collection agencies to the extent allowed by federal regulations.
(2) The department shall solicit proposals and shall select collection agencies that have computerized location and asset information service capabilities.
(3) The department shall monitor each case that it refers to a collection agency.
(4) The department shall evaluate the effectiveness of entering into contracts for services under this section.
(5) The department shall report to the fiscal committees of the legislature on the results of its analysis under subsections (3) and (4) of this section.
NEW SECTION. Sec. 14. A new section is added to chapter 74.20 RCW to read as follows:
The office of support enforcement shall, as a matter of policy, use all available remedies for the enforcement of support obligations where the obligor is a self-employed individual. The office of support enforcement shall not discriminate in favor of certain obligors based upon employment status.
PART VI. EMPLOYMENT PARTNERSHIP PROGRAM
The legislature finds that the restructuring in the Washington economy has created rising public assistance caseloads and declining real wages for Washington workers. There is a profound need to develop partnership programs between the private and public sectors to create new jobs with adequate salaries and promotional opportunities for chronically unemployed and underemployed citizens of the state. Most public assistance recipients want to become financially independent through paid employment. A voluntary program which utilizes public wage subsidies and employer matching salaries has provided a beneficial financial incentive allowing public assistance recipients transition to permanent full-time employment.
Sec. 16. RCW 50.63.020 and 1986 c 172 s 2 are each amended to read as follows:
The employment partnership program is created to develop a series of geographically distributed model projects to provide permanent full-time employment for low-income and unemployed persons. The program shall be ((a cooperative effort between the employment security department and)) administered by the department of social and health services. The department shall contract for the program through local public or private nonprofit organizations. The goals of the program are as follows:
(1) To reduce inefficiencies in administration and provide model coordination of agencies with responsibilities for employment and human service delivery to unemployed persons;
(2) To create voluntary financial incentives to simultaneously reduce unemployment and welfare caseloads; ((and))
(3) To provide other state and federal support services to the client population to enable economic independence;
(4) To improve partnerships between the public and private sectors designed to move recipients of public assistance into productive employment; and
(5) To provide employers with information on federal targeted jobs tax credit and other state and federal tax incentives for participation in the program.
Sec. 17. RCW 50.63.030 and 1986 c 172 s 3 are each amended to read as follows:
The ((commissioner of employment security and the)) secretary of the department of social and health services shall establish pilot projects that enable grants to be used as a wage subsidy. The department of social and health services ((is designated as the lead agency for the purpose of complying)) shall comply with applicable federal statutes and regulations((. The department)), and shall seek any waivers from the federal government necessary to operate the employment partnership program. The projects shall be available on an individual case-by-case basis or subject to the limitations outlined in RCW 50.63.050 (as recodified by this act) for the start-up or reopening of a plant under worker ownership. The projects shall be subject to the following criteria:
(1) It shall be a voluntary program and no person may have any sanction applied for failure to participate.
(2) Employment positions established by this chapter shall not be created as the result of, nor result in, any of the following:
(a) Displacement of current employees, including overtime currently worked by these employees;
(b) The filling of positions that would otherwise be promotional opportunities for current employees;
(c) The filling of a position, before compliance with applicable personnel procedures or provisions of collective bargaining agreements;
(d) The filling of a position created by termination, layoff, or reduction in workforce;
(e) The filling of a work assignment customarily performed by a worker in a job classification within a recognized collective bargaining unit in that specific work site, or the filling of a work assignment in any bargaining unit in which funded positions are vacant or in which regular employees are on layoff;
(f) A strike, lockout, or other bona fide labor dispute, or violation of any existing collective bargaining agreement between employees and employers;
(g) Decertification of any collective bargaining unit.
(3) Wages shall be paid at the usual and customary rate of comparable jobs and may include a training wage if permitted by applicable federal statutes and regulations;
(4) A recoupment process shall recover state supplemented wages from an employer when a job does not last six months following the subsidization period for reasons other than the employee voluntarily quitting or being fired for good cause as determined by the ((commissioner of employment security)) local employment partnership council under rules prescribed by the ((commissioner pursuant to chapter 50.20 RCW)) secretary;
(5) Job placements shall have promotional opportunities or reasonable opportunities for wage increases;
(6) Other necessary support services such as training, day care, medical insurance, and transportation shall be provided to the extent possible;
(7) Employers shall provide monetary matching funds of at least fifty percent of total wages;
(8) Wages paid to participants shall be a minimum of five dollars an hour; and
(9) The projects shall target the ((hardest-to-employ)) populations in the priority and for the purposes set forth in RCW 74.25.020, to the extent that necessary support services are available.
Sec. 18. RCW 50.63.040 and 1986 c 172 s 4 are each amended to read as follows:
An employer, before becoming eligible to fill a position under the employment partnership program, shall certify to the ((department of employment security)) local employment partnership council that the employment, offer of employment, or work activity complies with the following conditions:
(1) The conditions of work are reasonable and not in violation of applicable federal, state, or local safety and health standards;
(2) The assignments are not in any way related to political, electoral, or partisan activities;
(3) The employer shall provide industrial insurance coverage as required by Title 51 RCW;
(4) The employer shall provide unemployment compensation coverage as required by Title 50 RCW;
(5) The employment partnership program participants hired following the completion of the program shall be provided benefits equal to those provided to other employees including social security coverage, sick leave, the opportunity to join a collective bargaining unit, and medical benefits.
NEW SECTION. Sec. 19. A local employment partnership council shall be established in each pilot project area to assist the department of social and health services in the administration of this chapter and to allow local flexibility in dealing with the particular needs of each pilot project area. Each council shall be primarily responsible for recruiting and encouraging participation of employment providers in the project site. Each council shall be composed of nine members who shall be appointed by the county legislative authority of the county in which the pilot project operates. Councilmembers shall be residents of or employers in the pilot project area in which they are appointed and shall serve three-year terms. The council shall have two members who are current or former recipients of the aid to families with dependent children program or food stamp program, two members who represent labor, and five members who represent the local business community. In addition, one person representing the local community service office of the department of social and health services, one person representing a community action agency or other nonprofit service provider, and one person from a local city or county government shall serve as nonvoting members.
Sec. 20. RCW 50.63.060 and 1986 c 172 s 6 are each amended to read as follows:
Participants shall be considered recipients of aid to families with dependent children and remain eligible for medicaid benefits even if the participant does not receive a residual grant. Work supplementation participants shall be eligible for (1) the thirty-dollar plus one-third of earned income exclusion from income, (2) the work related expense disregard, and (3) ((the)) any applicable child care expense disregard deemed available to recipient of aid in computing his or her grant under this chapter, unless prohibited by federal law.
Sec. 21. RCW 50.63.090 and 1986 c 172 s 9 are each amended to read as follows:
The department of social and health services shall seek any federal funds available for implementation of this chapter, including, but not limited to, funds available under Title IV of the federal social security act (42 U.S.C. Sec. 601 et seq.) for the ((work incentive demonstration program, and the employment search program)) job opportunities and basic skills program.
NEW SECTION. Sec. 22. RCW 50.63.010, 50.63.020, 50.63.030, 50.63.040, 50.63.050, 50.63.060, 50.63.070, 50.63.080, and 50.63.090 are each recodified as a new chapter in Title 74 RCW.
NEW SECTION. Sec. 23. The department of social and health services shall report to the appropriate committees of the house of representatives and senate on the implementation of this employment partnership program for recipients of aid to families with dependent children by October 1, 1995.
NEW SECTION. Sec. 24. Section 19 of this act shall be codified in the new chapter created by section 22 of this act.
PART VII. IMMUNIZATION
NEW SECTION. Sec. 25. A new section is added to chapter 43.70 RCW to read as follows:
(1) The department, in conjunction with local health jurisdictions, shall require each local health jurisdiction to submit an immunization assessment and enhancement proposal, consistent with the standards established in the public health improvement plan, to provide immunization protection to the children of the state to further reduce vaccine-preventable diseases.
(2) These plans shall include, but not be limited to:
(a) A description of the population groups in the jurisdiction that are in the greatest need of immunizations;
(b) A description of strategies to use outreach, volunteer, and other local educational resources to enhance immunization rates; and
(c) A description of the capacity required to accomplish the enhancement proposal.
(3) This section shall be implemented consistent with available funding.
(4) The secretary shall report through the public health improvement plan to the health care and fiscal committees of the legislature on the status of the program and progress made toward increasing immunization rates in population groups of greatest need.
PART VIII. CHILD'S RESOURCES
Sec. 26. RCW 74.12.350 and 1979 c 141 s 354 are each amended to read as follows:
The department of social and health services is hereby authorized to promulgate rules and regulations in conformity with the provisions of Public Law 87-543 to allow all or any portion of a dependent child's earned or other income to be set aside for the identifiable future needs of the dependent child which will make possible the realization of the child's maximum potential as an independent and useful citizen.
The transfer into, or accumulation of, a child's income or resources in an irrevocable trust account is hereby allowed. The amount allowable is four thousand dollars. The department will provide income assistance recipients with clear and simple information on how to set up educational accounts, including how to assure that the accounts comply with federal law by being adequately earmarked for future educational use, and are irrevocable.
NEW SECTION. Sec. 27. RCW 74.12.360 and 1993 c 312 s 10 are each repealed.
NEW SECTION. Sec. 28. A new section is added to chapter 74.12 RCW to read as follows:
(1) The department shall determine, after consideration of all relevant factors, the most appropriate living situation for applicants under eighteen years of age, unmarried, and either pregnant or having a dependent child in the applicant's care. Appropriate living situations shall include a place of residence maintained by the applicant's parent, legal guardian, or other adult relative as their own home, or other appropriate supportive living arrangement supervised by an adult where feasible and consistent with federal regulations under 45 C.F.R. chapter II, section 233.107.
(2) An applicant under eighteen years of age who is either pregnant or has a dependent child and is not living in a situation described in subsection (1) of this section shall be presumed to be unable to manage adequately the funds paid on behalf of the dependent child and, unless the teenage custodial parent demonstrates otherwise, shall be subject to the protective payee requirements provided for under RCW 74.12.250 and 74.08.280.
NEW SECTION. Sec. 29. A new section is added to chapter 74.04 RCW to read as follows:
(1) The department shall determine, after consideration of all relevant factors, the most appropriate living situation for applicants under eighteen years of age, unmarried, and pregnant who are eligible for general assistance as defined in RCW 74.04.005 (6)(a)(ii)(A). Appropriate living situations shall include a place of residence maintained by the applicant's parent, legal guardian, or other adult relative as their own home, or other appropriate supportive living arrangement supervised by an adult where feasible and consistent with federal regulations under 45 C.F.R. chapter II, section 233.107.
(2) An applicant under eighteen years of age who is pregnant and is not living in a situation described in subsection (1) of this section shall be presumed to be unable to manage adequately the funds paid on behalf of the dependent child and, unless the teenage custodial parent demonstrates otherwise, shall be subject to the protective payee requirements provided for under RCW 74.12.250 and 74.08.280.
PART IX. MISCELLANEOUS
NEW SECTION. Sec. 30. A new section is added to chapter 74.12 RCW to read as follows:
The department shall actively develop mechanisms for the income assistance program, the medical assistance program, and the community services administration to facilitate the enrollment in the federal supplemental security income program of disabled persons currently part of assistance units receiving aid to families with dependent children benefits.
NEW SECTION. Sec. 31. A new section is added to chapter 74.12 RCW to read as follows:
By October 1, 1994, the department shall request the governor to seek congressional action on any federal legislation that may be necessary to implement any sections of chapter . . ., Laws of 1994 (this act). By October 1, 1994, the department shall request the governor to seek federal agency action on any federal regulation that may require a federal waiver.
NEW SECTION. Sec. 32. 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. 33. 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. 34. Sections 6 and 8 of this act shall take effect July 1, 1995.
NEW SECTION. Sec. 35. Part headings as used in this act constitute no part of the law."
POINT OF ORDER
SPECIAL ORDER OF BUSINESS
Senator Nelson: "A point of order, Mr. President. The motion has been made prior to this time to have a special order of business on Engrossed Second Substitute House Bill No. 2319 at 4:55 p.m."
REMARKS BY SENATOR GASPARD
Senator Gaspard: "Mr. President, I think Senator Nelson is actually right that we do have a special order of business for 4:55 p.m. and it would be my understanding, Mr. President, that we can come back to this bill after we finish our special order of business."
RELY BY THE PRESIDENT
President Pritchard: "That has been the custom."
PARLIAMENTARY INQUIRY
Senator Snyder: "Mr. President, when the time comes, I would like to have you prepared to make a ruling on whether we can still vote on Engrossed House Bill No. 2161. I just wanted you to be prepared to make a ruling if someone asks if we can have a vote on that after 5 o'clock. You don't need to make a ruling right now."
REPLY BY THE PRESIDENT
President Pritchard: "I'll be prepared."
SECOND READING
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2319, by House Committee on Appropriations (originally sponsored by Representatives Appelwick, Leonard, Johanson, Valle, Wang, Wineberry, Scott, Karahalios, Caver, Kessler, Basich, Wolfe, J. Kohl, Veloria, Quall, Holm, Jones, Shin, King, Patterson, Eide, Dellwo, L. Johnson, Springer, Pruitt, Ogden, H. Myers and Anderson) (by request of Governor Lowry)
Enacting programs to reduce violence.
The bill was read the second time.
MOTION
Senator Talmadge moved that the following Committee on Health and Human Services amendment not be adopted:
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 number 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, in consultation with affected groups or agencies, comprehensive rules for the collection and reporting of data relating to acts of violence and associated 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 acts of violence or other intentional injuries. 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 acts of violence and unintentional injuries. 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.
(2) The department is designated as the state-wide agency for the coordination of all information relating to violence and other intentional injuries.
(3) The department shall provide any necessary data to the local health departments for use in the planning or evaluation by any community network authorized under section 303 of this act.
(4) The department shall publish annual reports on intentional injuries, unintentional injuries, numbers of at-risk youth, and the associated risk and protective factors related to violence. The reports shall be submitted to the legislative budget committee.
(5) 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 social service data collection relating to children to provide assistance to:
(a) State and local health departments in developing new sources of data to track acts of violence and associated 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) Compatible minimum standards for state and local public health assessment, performance measurement, policy development, and assurances regarding social development to reduce at-risk factors and behaviors associated with violence and other public health threats.
(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 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 shall establish, by rule, standards for local health departments to use in assessment, performance measurement, policy development, and assurances 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 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.
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) "At-risk" children and youth are those who risk the significant loss of social, educational, or economic opportunities. At-risk behaviors include 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.
(2) "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))) (3) "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)) (4) "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))) (5) "Outcome" or "outcome based" means defined and measurable outcomes and indicators that make it possible for communities to evaluate progress in meeting their goals ((and whether systems are fulfilling their responsibilities)) in reducing the number of at-risk children and youth through reducing their risk factors and increasing their protective factors.
(((5))) (6) "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.))
(7) "Community public health and safety networks" or "community networks" means authorities authorized under section 303 of this act.
(8) "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.
(9) "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, consideration 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 on 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 by December 20, 1994. 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 local public health data 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 the local public health data and shall utilize the data standards established by the department of health under section 204 of this act;
(3) Develop long-term community plans to reduce the number 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;
(5) Comply with outcome-based standards for determining success;
(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.
(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) All community networks shall be eligible to receive planning grants and technical assistance from the council on January 1, 1995. 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. Effective July 1, 1995, up to one-half of the community networks will be eligible to receive grant funds for prevention and early intervention programs.
(2) The community networks that did not receive the initial grants shall be eligible, upon approval of their plans by the council, to receive such funds on January 1, 1997.
(3) The participating state agencies 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 325 of this act.
(4) 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.
(5) 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 by 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;
(3) Approve the structure, purpose, goals, plan, and performance measurements of each community network;
(4) Identify all prevention and early intervention programs and funds, other than program funds designed for treatment as defined in section 308 of this act, including all programs funded under RCW 69.50.520, in addition to those set forth in sections 311 through 315 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 325 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; and
(8) 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 may, by a vote of its membership, remove from a program, subject to the grant process under this chapter, any funds that are used solely for treatment.
(2) For the purposes of this section, "treatment" means remediation of personal functioning that has been lost or impaired as the immediate result of an act of violence, as defined in section 202 of this act.
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. Until federal waivers are obtained, federal funds shall be used only for federally allowable purposes.
NEW SECTION. Sec. 310. A new section is added to chapter 70.190 RCW to read as follows:
(1) The council shall only disburse funds to a community network after a comprehensive community plan has been prepared and approved by the network. In approving the plan the council shall consider whether the network:
(a) Promoted input from the widest practical range of agencies and affected parties;
(b) Reviewed the indicators of violence data compiled by the local public health departments and incorporated a response to those indicators in the plan;
(c) Obtained a declaration by the largest health department in the region, ensuring that the plan met the department of health's minimum standards for assessment and policy development relating to social development under section 204 of this act;
(d) Included a specific mechanism of data collection and transmission based on the rules established by the department of health under section 204 of this act;
(e) 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
(f) Committed to make measurable reductions in the number of at-risk children and youth by reducing state-funded out-of-home placements and make reductions in at least three of the following areas: Violent criminal acts by juveniles, substance abuse, teen pregnancy and male parentage, teen suicide attempts, or the youth rate of dropping out of school.
(2) Upon approval of a community network's plan, the council shall grant all of the funds for the programs identified in sections 311 through 315 of this act, unless the community network has demonstrated that a specific program, or a part of a program, should not be granted to the network. To preclude a grant, the community network shall demonstrate, in a detailed plan, that the existing program, or part of a program:
(a) Is incorporated into the community plan;
(b) Is adequately integrated and coordinated with other prevention and intervention programs in the community;
(c) Possesses such a unique character that the community network would be unable to independently contract for those services;
(d) Is adequately supported and reinforced by the community;
(e) Presently ensures that follow-up efforts are utilized so that the program has long-lasting benefits;
(f) Is designed such that decategorization of the services would be detrimental to the consumer; and
(g) Is contributing to the reduction in the number of at-risk children and youth in the community through reducing risk factors or increasing protective factors.
NEW SECTION. Sec. 311. A new section is added to chapter 74.14A RCW to read as follows:
The secretary shall, subject to the provisions of sections 308 and 310(2) of this act, contract with the community networks approved under section 310 of this act, on a grant basis, for the administration of an integrated program reducing the number of at-risk children and youth beginning July 1, 1995. The contract shall include state and federal funds currently appropriated for at least:
(1) The victim's assistance program, except sexual assault services;
(2) Consolidated juvenile services; and
(3) Family preservation and support services.
The contract may also include funds for family preservation services which may be available for the purposes of chapter 70.190 RCW.
NEW SECTION. Sec. 312. A new section is added to Title 28A RCW to read as follows:
The superintendent of public instruction shall, subject to the provisions of sections 308 and 310(2) of this act, contract with the community networks approved under section 310 of this act, on a grant basis, for the administration of an integrated program reducing the number of at-risk children and youth beginning July 1, 1995. The contracts shall include state and federal funds currently appropriated for at least:
(1) The readiness to learn program; and
(2) Drug and alcohol abuse prevention and early intervention in schools under RCW 28A.170.075 through 28A.170.100.
NEW SECTION. Sec. 313. A new section is added to chapter 43.63A RCW to read as follows:
The department of community, trade, and economic development shall, subject to the provisions of sections 308 and 310(2) of this act, contract with the community networks approved under section 310 of this act, on a grant basis, for the administration of an integrated program reducing the number of at-risk children and youth beginning July 1, 1995. The contracts shall include state and federal funds currently appropriated for at least:
(1) The community mobilization program; and
(2) The violence prevention program.
NEW SECTION. Sec. 314. A new section is added to chapter 70.190 RCW to read as follows:
All funds transferred to community networks for programs under RCW 28A.170.075 through 28A.170.100 and chapter 43.270 RCW shall, until July 1, 1997, be used only for the purposes of RCW 28A.170.075 through 28A.170.100 and chapter 43.270 RCW.
NEW SECTION. Sec. 315. A new section is added to chapter 43.101 RCW to read as follows:
The criminal justice training commission shall, subject to the provisions of sections 308 and 310(2) of this act, contract with community networks approved under section 310 of this act, on a grant basis for the administration of an integrated program reducing the number of at-risk children and youth. The contract shall include all state and federal funds currently appropriated for the community-police partnership program under RCW 43.101.240.
Sec. 316. 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. 317. 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 sections 309 through 315 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. 318. A new section is added to chapter 70.190 RCW to read as follows:
For grant funds awarded under sections 307 and 311 through 315 of this act, 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. 319. 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. 320. 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. 321. 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. 322. 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. 323. 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. 324. 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 as modified by sections 307 and 311 through 317 of this act and shall by January 1, 1995, propose legislation to complete interdepartmental transfers of funds or programs needed to place all programs and funds affected by sections 307 and 311 through 317 of this act into a single existing state agency. The proposal shall place these programs in 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. The office of financial management may not suggest the creation of a new state agency for the function unless, after thorough review and documentation, the office of financial management determines that no suitable state agency exists. The office of financial management shall review statutes that authorize the programs transferred by sections 311 through 317 of this act and suggest legislation to eliminate statutory requirements that may interfere with the administration of that policy.
NEW SECTION. Sec. 325. 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. 326. 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, and the legislative budget committee recommends under section 701 of this act making grants with available funds, the office of financial management may transfer all funds and programs to a single state agency for the purpose of integrating the programs and services.
NEW SECTION. Sec. 327. 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. 328. 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. 329. The governor shall appoint the initial members of the community public health and safety council by May 15, 1994.
NEW SECTION. Sec. 330. RCW 70.190.900 and 1994 c . . . s 323 (section 323 of this act) & 1992 c 198 s 11 are each repealed.
NEW SECTION. Sec. 331. Section 330 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 twenty-one 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.
NEW SECTION. Sec. 409. 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. 410. A new section is added to chapter 9.41 RCW to read as follows:
Upon receipt of notice from the court under section 409 of this act, the department shall correct its records to reflect the revocation or restoration of the concealed pistol license.
Sec. 411. 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, 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.
(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. 412. 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. 413. 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. 414. 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. 415. 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)) forty-five 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)) seventy-five 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)) applicant shall also provide the following information: Citizenship, and if not a citizen of the United States whether the applicant has declared the intent to become a citizen of the United States and whether he or she has been required to register with the state or federal government and any 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. 416. 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 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. 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. 417. 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. 418. 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. 419. 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. 420. 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. 421. 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. 422. 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 or her intention to become a citizen of the United States, to carry or have in his or her 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 or she is a responsible person and upon the payment for the license of the sum of fifteen dollars: PROVIDED, That 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. 423. 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. 424. 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. 425. 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 twenty-one 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 twenty-one 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. 426. 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. 427. 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. 428. 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. 429. 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. 430. 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. 431. 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.
Sec. 432. 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.
Sec. 433. 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.
Sec. 434. 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. 435. 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. 436. 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 one or more prior violent offenses committed after the juvenile's thirteenth birthday. 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. 437. 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. 438. 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 16 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. 439. 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.
(c) Option B shall not be available for minor/first and middle offenders sentenced under (a) or (b) of this subsection.
(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. 440. 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 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; (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) Every postrelease supervision agreement executed shall prohibit the juvenile from possessing a deadly weapon while on supervision. A juvenile found by a law enforcement official, employee of the department, or a court to be in possession of a deadly weapon shall be returned to confinement for a period of not less than sixty days or for the remainder of his or her sentence, whichever is less.
(5) Any juvenile on postrelease supervision who is charged with a criminal offense shall be returned to confinement for the terms set forth in RCW 13.40.0357(6)(b) (i) through (iii) or for the remainder of his or her sentence, whichever is less. If a court has imposed a sentence under chapter 13.40 RCW and suspended any portion thereof on condition that the juvenile commit no further offense, the court shall reimpose all or a portion of the original offense upon conviction. However, the reimposition of confinement and the sanctions imposed for violation of postrelease supervision shall not, when taken together, exceed the original term of confinement.
(6) 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) Continued supervision under the same conditions previously imposed; (b) intensified supervision with increased reporting requirements; (c) additional conditions of supervision authorized by this chapter; (d) except as provided in (e) 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) 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.
(((5))) (7) 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))) (8) 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))), (6), and (7) of this section.
Sec. 441. 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. 442. 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. 443. 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. 444. 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. 445. 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. 446. 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. 447. 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 446 of this act, or other conditions of pretrial release according to the procedures established by court rule for preliminary appearance or an arraignment.
Sec. 448. 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 446 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. 449. 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 446 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. 450. 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 446 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. 451. 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 446 of this act, and make provision for the change of name of any party.
Sec. 452. 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 446 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. 453. 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 446 of this act.
Sec. 454. 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 446 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. 455. 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 446 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. 456. 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 446 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. 457. 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 446 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. 458. 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 446 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. 459. 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. 460. 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. If the midpoint of the standard range is twenty-four months or less, no more than three months of the sentence may be served in a work release status. 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. 461. The commission shall evaluate the impact of implementing the drug offender options provided for in section 460 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. 462. 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 460 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. 463. 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. 464. 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. 465. 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. 466. 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. 467. RCW 9.41.160 shall be recodified within chapter 9.41 RCW to follow RCW 9.41.310.
NEW SECTION. Sec. 468. 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 465 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 465 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 465 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. MEDIA
NEW SECTION. Sec. 601. 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. 602. 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. 603. 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 time and/or channel lock, or other device that enables a person to regulate a child's access to television programming, separately. All cable television stations shall make available to all customers at the company's cost the opportunity to purchase a time and/or channel lock, or other device that enables a person to regulate a child's access to television programming. 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. 604. All videos and video 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 video game. The age rating shall be researched, developed, and provided to the purchaser or renter of the video, or video 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. 605. (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 604 of this act, and reliance on the information, is a defense to civil or criminal penalties.
NEW SECTION. Sec. 606. 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 and may include the television violence report card, as set forth in section 608 of this act. 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. 607. 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. 608. (1) The department of health shall establish, by rule, a program for evaluating and ranking television programs, including cable television programs, on the basis of the violence contained in the programs.
Under the program, the department shall select, within each calendar quarter, at least one week for the department to evaluate the extent of the violence contained in each of the programs carried on any of the national broadcast television networks, or on cable television systems with regard to programs available to a substantial percentage of the households that subscribe to cable television service nationally, during that week's prime-time and Saturday morning time slots. The department shall ensure that at least one of the weeks selected in any calendar year is a sweeps week.
(2) After evaluating the television programs described in this section, and in accordance with criteria established by the rules adopted under this section, the department shall:
(a) List in ranked order those programs in terms of the extent of the violence they contain; and
(b) List in ranked order program sponsors in terms of the extent to which they sponsor television programs that contain a high degree of violence.
(3) In the quarter following any quarter for which the department has made evaluations under this section, the department shall publish and make available to the public and the news media a television violence report card that reports the violence rankings performed by the department, including identification of the programs so evaluated and the sponsors of those programs.
(4) The news media shall be immune from legal liability for the accurate publication of the television violence report card.
For the purpose of facilitating the rule making required by sections 613 and 614 of this act, the department of health shall also communicate to the department of general administration and the state investment board the results of its evaluations.
NEW SECTION. Sec. 609. 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.
NEW SECTION. Sec. 610. 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. 611. 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. 612. 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. 613. 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 611 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. 614. 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 611 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. 615. Sections 601 through 608 of this act shall constitute a new chapter in Title 19 RCW.
PART VII. MISCELLANEOUS
(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, and evaluate the data provided by the state and local health departments to determine whether the community networks have met the outcome criteria. Starting five years after the initial grant to a community network, if the community network fails to meet the outcome criteria 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 shall revert back to the originating agency.
(2) The 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. 702. 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. 703. 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. 704. 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. 705. 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)) seven 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.
Sec. 706. 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. 707. Sections 445 and 702 through 705 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. 708. (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. 709. Part headings and the table of contents as used in this act do not constitute any part of the law.
NEW SECTION. Sec. 710. (1) Sections 201 through 204, 302, 329, 460, and 461 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) Section 705 of this act shall take effect July 1, 1995."
The President declared the question before the Senate to be the motion by Senator Talmadge that the Committee on Health and Human Services striking amendment to Engrossed Second Substitute House Bill No. 2319 not be adopted.
The motion by Senator Talmadge carried and the Committee on Health and Human Services striking amendment to Engrossed Second Substitute House Bill No. 2319 was not adopted.
MOTION
Senator Talmadge moved that the following amendment by Senators Talmadge and Gaspard be adopted:
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, consideration 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;
(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. Effective July 1, 1995, up to one-half of the community networks will be eligible to receive grant funds for prevention and early intervention programs.
(2) The community networks that did not receive the initial grants shall be eligible, upon approval of their plans by the council, to receive such funds on January 1, 1997.
(3) The participating state agencies 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 326 of this act.
(4) 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.
(5) 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 by 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;
(3) Approve the structure, purpose, goals, plan, and performance measurements of each community network;
(4) Identify all prevention and early intervention programs and funds, other than program funds designed for treatment as defined in section 309 of this act, including all programs funded under RCW 69.50.520, in addition to those set forth in sections 312 through 316 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 326 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 on the feasibility and desirability of decategorizing and granting, all or part of, the following program funds to the networks:
(a) Child care;
(b) Early intervention and educational services, including but not limited to, birth to three, birth to six, early childhood education and assistance, and headstart;
(c) Crisis residential care;
(d) Victims' assistance;
(e) Foster care;
(f) Adoption support;
(g) Continuum of care; and
(h) 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.
NEW SECTION. Sec. 309. A new section is added to chapter 70.190 RCW to read as follows:
(1) The council may, by a vote of its membership, remove from a program, subject to the grant process under this chapter, any funds that are used solely for treatment.
(2) For the purposes of this section, "treatment" means remediation of personal functioning that has been lost or impaired as the immediate result of an act of violence, as defined in section 202 of this act.
NEW SECTION. Sec. 310. 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 311 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. 311. A new section is added to chapter 70.190 RCW to read as follows:
(1) The participating state agencies shall only disburse funds to a community network after a comprehensive community plan has been prepared by the network and approved by the council. In approving the plan the council shall consider whether the network:
(a) Promoted input from the widest practical range of agencies and affected parties;
(b) Reviewed the indicators of violence data compiled by the local public health departments and incorporated a response to those indicators in the plan;
(c) 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;
(d) Included a specific mechanism of data collection and transmission based on the rules established under section 204 of this act;
(e) 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
(f) 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.
(2) Upon approval of a community network's plan, the council shall grant all of the funds for the programs identified in sections 312 through 316 of this act, unless the community network has demonstrated that a specific program, or a part of a program, should not be granted to the network. To preclude a grant, the community network shall demonstrate, in a detailed plan, that the existing program, or part of a program:
(a) Is incorporated into the community plan;
(b) Is adequately integrated and coordinated with other prevention and intervention programs in the community;
(c) Possesses such a unique character that the community network would be unable to independently contract for those services;
(d) Is adequately supported and reinforced by the community;
(e) Presently ensures that follow-up efforts are utilized so that the program has long-lasting benefits;
(f) Is designed such that decategorization of the services would be detrimental to the consumer; and
(g) Is contributing to the reduction in the rate of at-risk children and youth in the community through reducing risk factors or increasing protective factors.
NEW SECTION. Sec. 312. A new section is added to chapter 74.14A RCW to read as follows:
The secretary shall, subject to the provisions of sections 309 and 311(2) of this act, contract with the community networks approved under section 311 of this act, on a grant basis, for the administration of an integrated program reducing the rate of at-risk children and youth beginning July 1, 1995. The contract shall include state and federal funds currently appropriated for:
(1) Consolidated juvenile services; and
(2) Family preservation and support services.
The contract may also include funds for family preservation services which may be available for the purposes of chapter 70.190 RCW.
NEW SECTION. Sec. 313. A new section is added to Title 28A RCW to read as follows:
The superintendent of public instruction shall, subject to the provisions of sections 309 and 311(2) of this act, contract with the community networks approved under section 311 of this act, on a grant basis, for the administration of an integrated program reducing the rate of at-risk children and youth beginning July 1, 1995. The contracts shall include state and federal funds currently appropriated for the readiness to learn program.
NEW SECTION. Sec. 314. A new section is added to chapter 43.63A RCW to read as follows:
The department of community, trade, and economic development shall, subject to the provisions of sections 309 and 311(2) of this act, contract with the community networks approved under section 311 of this act, on a grant basis, for the administration of an integrated program reducing the rate of at-risk children and youth beginning July 1, 1995. The contracts shall include state and federal funds currently appropriated for:
(1) The community mobilization program; and
(2) The violence prevention program.
NEW SECTION. Sec. 315. A new section is added to chapter 70.190 RCW to read as follows:
All funds transferred to community networks for programs under chapter 43.270 RCW shall, until July 1, 1997, be used only for the purposes of chapter 43.270 RCW.
NEW SECTION. Sec. 316. A new section is added to chapter 43.101 RCW to read as follows:
The criminal justice training commission shall, subject to the provisions of sections 309 and 311(2) of this act, contract with community networks approved under section 311 of this act, on a grant basis for the administration of an integrated program reducing the rate of at-risk children and youth. The contract shall include all state and federal funds currently appropriated for the community-police partnership program under RCW 43.101.240.
Sec. 317. 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. 318. 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 sections 310 through 316 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. 319. A new section is added to chapter 70.190 RCW to read as follows:
For grant funds awarded under sections 307 and 312 through 316 of this act, 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. 320. 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. 321. 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. 322. 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. 323. 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. 324. 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. 325. 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 as modified by sections 307 and 312 through 318 of this act and shall by January 1, 1995, propose legislation to complete interdepartmental transfers of funds or programs needed to place all programs and funds affected by sections 307 and 312 through 318 of this act into a single existing state agency. The proposal shall place these programs in 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. The office of financial management may not suggest the creation of a new state agency for the function unless, after thorough review and documentation, the office of financial management determines that no suitable state agency exists. The office of financial management shall review statutes that authorize the programs transferred by sections 312 through 318 of this act and suggest legislation to eliminate statutory requirements that may interfere with the administration of that policy.
NEW SECTION. Sec. 326. 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 311 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. 327. 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, 1999, and the legislative budget committee recommends under section 701 of this act making grants with available funds, the office of financial management may transfer all funds and programs to a single state agency for the purpose of integrating the programs and services.
NEW SECTION. Sec. 328. 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. 329. 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. 330. The governor shall appoint the initial members of the community public health and safety council by May 15, 1994.
NEW SECTION. Sec. 331. RCW 70.190.900 and 1994 c . . . s 324 (section 324 of this act) & 1992 c 198 s 11 are each repealed.
NEW SECTION. Sec. 332. Section 331 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 twenty-one 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.
NEW SECTION. Sec. 409. 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. 410. A new section is added to chapter 9.41 RCW to read as follows:
Upon receipt of notice from the court under section 409 of this act, the department shall correct its records to reflect the revocation or restoration of the concealed pistol license.
Sec. 411. 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, 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.
(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. 412. 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. 413. 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. 414. 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. 415. 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)) forty-five 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)) seventy-five 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)) applicant shall also provide the following information: Citizenship, and if not a citizen of the United States whether the applicant has declared the intent to become a citizen of the United States and whether he or she has been required to register with the state or federal government and any 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. 416. 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 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. 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. 417. 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. 418. 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. 419. 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. 420. 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. 421. 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. 422. 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 or her intention to become a citizen of the United States, to carry or have in his or her 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 or she is a responsible person and upon the payment for the license of the sum of fifteen dollars: PROVIDED, That 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. 423. 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. 424. 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. 425. 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 twenty-one 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 twenty-one 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. 426. 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. 427. 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. 428. 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. 429. 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. 430. 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. 431. 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.
Sec. 432. 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.
Sec. 433. 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.
Sec. 434. 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. 435. 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. 436. 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. 437. 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. 438. 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. 439. 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 150 300 350 375 375 375
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 16 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
0
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. 440. 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 amo7unt 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. 441. 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. 442. 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. 443. 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. 444. 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. 445. 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. 446. 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. 447. 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. 448. 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. 449. 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 448 of this act, or other conditions of pretrial release according to the procedures established by court rule for preliminary appearance or an arraignment.
Sec. 450. 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 448 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. 451. 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 448 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. 452. 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 448 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. 453. 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 448 of this act, and make provision for the change of name of any party.
Sec. 454. 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 448 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. 455. 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 448 of this act.
Sec. 456. 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 448 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. 457. 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 448 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. 458. 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 448 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. 459. 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 448 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. 460. 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 448 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. 461. 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. 462. 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. 463. The commission shall evaluate the impact of implementing the drug offender options provided for in section 462 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. 464. 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 462 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. 465. 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. 466. 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. 467. 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. 468. 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. 469. RCW 9.41.160 shall be recodified within chapter 9.41 RCW to follow RCW 9.41.310.
NEW SECTION. Sec. 470. 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 467 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 467 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 467 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. MEDIA
NEW SECTION. Sec. 601. 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. 602. 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. 603. 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. 604. 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. 605. (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 604 of this act, and reliance on the information, is a defense to civil or criminal penalties.
NEW SECTION. Sec. 606. 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 and may include the television violence report card, as set forth in section 608 of this act. 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. 607. 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. 608. (1) The department of health shall establish, by rule, a program for evaluating and ranking television programs, including cable television programs, on the basis of the violence contained in the programs.
Under the program, the department shall select, within each calendar quarter, at least one week for the department to evaluate the extent of the violence contained in each of the programs carried on any of the national broadcast television networks, or on cable television systems with regard to programs available to a substantial percentage of the households that subscribe to cable television service nationally, during that week's prime-time and Saturday morning time slots. The department shall ensure that at least one of the weeks selected in any calendar year is a sweeps week.
(2) After evaluating the television programs described in this section, and in accordance with criteria established by the rules adopted under this section, the department shall:
(a) List in ranked order those programs in terms of the extent of the violence they contain; and
(b) List in ranked order program sponsors in terms of the extent to which they sponsor television programs that contain a high degree of violence.
(3) In the quarter following any quarter for which the department has made evaluations under this section, the department shall publish and make available to the public and the news media a television violence report card that reports the violence rankings performed by the department, including identification of the programs so evaluated and the sponsors of those programs.
(4) The news media shall be immune from legal liability for the accurate publication of the television violence report card.
For the purpose of facilitating the rule making required by sections 613 and 614 of this act, the department of health shall also communicate to the department of general administration and the state investment board the results of its evaluations.
NEW SECTION. Sec. 609. 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. 610. 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. 611. 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. 612. 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. 613. 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 611 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. 614. 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 611 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. 615. Sections 601 through 608 of this act shall constitute a new chapter in Title 19 RCW.
PART VII. MISCELLANEOUS
NEW SECTION. Sec. 701. 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. 702. 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. 703. 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. 704. 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. 705. 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 and one-half)) five 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.
Sec. 706. RCW 82.64.020 and 1991 c 80 s 2 are each amended to read as follows:
(1) A tax is imposed on each sale at wholesale of a carbonated beverage or syrup in this state. The rate of the tax shall be equal to ((eighty-four one-thousandths)) three hundred seventeen ten-thousandths of a cent per ounce for carbonated beverages and ((seventy-five)) twenty-six and three-tenths cents per gallon for syrups. Fractional amounts shall be taxed proportionally.
(2) A tax is imposed on each sale at retail of a carbonated beverage or syrup in this state. The rate of the tax shall be equal to the rate imposed under subsection (1) of this section.
(3) Moneys collected under this chapter shall be deposited in the violence reduction and drug enforcement ((and education)) account under RCW 69.50.520.
(4) Chapter 82.32 RCW applies to the taxes imposed in this chapter. The tax due dates, reporting periods, and return requirements applicable to chapter 82.04 RCW apply equally to the taxes imposed in this chapter.
NEW SECTION. Sec. 707. RCW 82.64.900 and 1989 c 271 s 509 are each repealed.
Sec. 708. 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. 709. Sections 447 and 702 through 707 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. 710. (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. 711. Part headings and the table of contents as used in this act do not constitute any part of the law.
NEW SECTION. Sec. 712. (1) Sections 201 through 204, 302, 330, 462, and 463 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 447 and 702 through 707 of this act are required to be referred to the voters, sections 416, 428, 435 through 442, 470, 517, and 518 of this act shall take effect January 1, 1995, and section 705 of this act shall take effect July 1, 1995, if sections 447 and 702 through 707 of this act are approved and ratified by the voters at the next succeeding general election as provided in section 709 of this act. If sections 447 and 702 through 707 of this act are rejected by the voters, sections 416, 428, 435 through 442, 470, 517, and 518 of this act shall be null and void. If sections 447 and 702 through 707 of this act are not required to be referred to the voters, sections 416, 428, 435 through 442, 470, 517, and 518 of this act shall take effect as provided in Article II, section 41 of the state Constitution, and section 705 of this act shall take effect July 1, 1995."
MOTION
At 5:15 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 6:55 p.m. by President Pritchard.
There being no objection, the President returned the Senate to the fourth order of business.
MESSAGES FROM THE HOUSE
March 3, 1994
MR. PRESIDENT:
The House has passed:
SENATE BILL NO. 6221,
SUBSTITUTE SENATE BILL NO. 6538,
ENGROSSED SENATE BILL NO. 6564,
SUBSTITUTE SENATE BILL NO. 6593, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
March 3, 1994
MR. PRESIDENT:
The House has passed SECOND SUBSTITUTE SENATE BILL NO. 5800, and the same is herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
March 3, 1994
MR. PRESIDENT:
The House has passed:
SUBSTITUTE SENATE BILL NO. 6096,
SECOND SUBSTITUTE SENATE BILL NO. 6237,
SENATE BILL NO. 6604,
SENATE BILL NO. 6605, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE SENATE BILL NO. 6096,
SECOND SUBSTITUTE SENATE BILL NO. 6237,
SENATE BILL NO. 6604,
SENATE BILL NO. 6605.
SIGNED BY THE PRESIDENT
The President signed:
SECOND SUBSTITUTE SENATE BILL NO. 5800,
SENATE BILL NO. 6221,
SUBSTITUTE SENATE BILL NO. 6538,
ENGROSSED SENATE BILL NO. 6564,
SUBSTITUTE SENATE BILL NO. 6593.
MOTION
On motion of Senator Spanel, the Senate advanced to the sixth order of business.
There being no objection, the Senate resumed consideration of Engrossed Second Substitute House Bill No. 2319 and the pending striking amendment by Senators Talmadge and Gaspard, under consideration before the Senate went at ease.
MOTION
Senator Talmadge moved that the following amendment by Senators Talmadge and Owen to the striking amendment by Senators Talmadge and Gaspard be adopted:
On page 7, beginning on line 25 of the amendment, strike all of sections 301 through 332 and insert the following:
"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 701 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."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Talmadge and Owen on page 7, beginning on line 25, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319.
The motion by Senator Talmadge carried and the amendment to the striking amendment was adopted.
MOTION
Senator Franklin moved that the following amendments to the striking amendment by Senators Talmadge and Gaspard be considered simultaneously and be adopted:
On page 29, line 34 of the amendment, after "of" strike "twenty-one" and insert "eighteen"
On page 41, line 7 of the amendment, after "age of" strike "twenty-one" and insert "((twenty-one)) eighteen"
On page 41, line 10 of the amendment, after "9.41.040." insert "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."
On page 51, beginning on line 22 of the amendment, after "age of" strike "twenty-one" and insert "eighteen"
On page 52, line 3 of the amendment, after "age of" strike "twenty-one" and insert "eighteen"
MOTION
Senator Roach moved that the question be divided.
POINT OF ORDER
Senator Talmadge: "A point of order, Mr. President. I believe that Senator Franklin moved the adoption of all the amendments together and the body has already taken action. Senator Roach's request is not timely."
REPLY BY THE PRESIDENT
President Pritchard: "Well, the body would have to vote itself back into that position. We've already established that we are going to take them all together and if she wants to move that the body wants to split them up, she can, but it would take action by the body."
MOTION
On motion of Senator Roach, and there being no objection, the motion to divide the question was withdrawn.
POINT OF INQUIRY
Senator Prince: "Would Senator Franklin yield to a question?"
Senator Franklin: "Senator Prince, you are such a gentlemen, but it is so late, I would rather not yield to a question."
Senator Prince: "Well, the question I had, you don't have to yield to it, but you've got age twenty-one to buy the ammunition and age eighteen to possess, and I'm confused. Do I read this wrong?"
REMARKS BY SENATOR TALMADGE
Senator Talmadge: "I believe, in response to Senator Prince's question, existing law now in this area of firearms, delivery is one of those areas of some grey area to say the least. My understanding is that age twenty-one is the age at which someone may deliver a firearm to someone at present. I believe that the way this amendment is drawn, it takes it back to that standard that already exists with respect to the delivery of a firearm. Not that I agree with this, but I'm merely providing that information."
Further debate ensued.
PARLIAMENTARY INQUIRY
Senator Nelson: "Mr. President, I have a point of parliamentary inquiry. In the amendments that you have before you, where we are taking them all at one time, we have amendments that are striking new language as proposed in the amendment that is the striker and in part, we have in this amendment, language that is deleting existing statutory language that we have had in our statutes for a number of years--predominately the debated arguments thus far--that in this state, we have never allowed a dealer to sell a hand gun to anyone under the age of twenty-one and we now have, in this amendment, the dropping of that to eighteen. Would we as a body be able to come back and have a separate amendment for one or two of the parts that you have now accepted in this entire amendment that has been offered by Senator Franklin?"
REPLY BY THE PRESIDENT
President Pritchard: "I'm told that if you come back with an amendment that has similar results, but offered in different words, you can do that."
Further debate ensued.
Senator Pelz demanded a roll call and the demand was not sustained.
The President declared the question before the Senate to be the adoption of the amendments by Senator Franklin on page 29, line 34; page 41, lines 7 and 10; page 51, beginning on line 22; and page 52, line 3; to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319.
The motion by Senator Franklin carried and the amendments to the striking amendment were adopted on a rising vote.
MOTION
Senator Nelson moved that the following amendment by Senators Nelson, Roach, Amondson, Moyer, Linda Smith, Hochstatter and Anderson to the striking amendment by Senators Talmadge and Gaspard be adopted:
On page 11, line 31 of the amendment, after "agencies," insert "prosecutor's office, juvenile court administration,"
POINT OF ORDER
Senator Vognild: "It is going to be a long night, I'm afraid, but I need to raise the question here that this amendment is not in order. We have adopted an amendment which struck the language which this intends to amend. We have several other amendments in here that are going to be in the same situation. Effectively, if this amendment is allowed, it becomes an amendment to an amendment to an amendment, which is not allowed under the rules of order."
RULING BY THE PRESIDENT
President Pritchard: "In ruling upon the point of order raised by Senator Vognild, Senator Vognild is right and the amendment is out of order.
"Senator Nelson if you come up, I think they can help you redo it in a different way, but you can't do it this way."
The amendment by Senators Nelson, Roach, Amondson, Moyer, Linda Smith, Hochstatter and Anderson on page 11, line 31, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319 was ruled out of order.
MOTION
Senator Nelson moved that the following amendment by Senators Nelson, Linda Smith, Anderson, McDonald and Schow to the striking amendment by Senators Talmage and Gaspard be adopted:
On page 26, after line 14 of the amendment, insert the following:
"NEW SECTION. Sec. 401. A new section is added to chapter 10.19 RCW to read as follows:
Notwithstanding superior court criminal rule CrR 3.2, a criminal defendant shall not be bailable if the court determines by a preponderance of the evidence that the defendant is likely to pose a danger to the safety of any other person or the community at large if the defendant is released.
NEW SECTION. Sec. 402. Section 401 of this act shall take effect if the proposed amendment to Article I, section 20 of the state Constitution authorizing the courts to refuse bail when the accused is likely upon release to pose a danger is validly submitted to and is approved and ratified by the voters at the next general election. If the proposed amendment is not so approved and ratified, section 401 of this act is void in its entirety."
Renumber the remaining sections consecutively and correct internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Nelson, Linda Smith, Anderson, McDonald and Schow on page 26, after line 14, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319.
The motion by Senator Nelson failed and the amendment to the striking amendment was not adopted.
MOTION
Senator Nelson moved that the following amendment by Senators Nelson, Roach, Schow, Linda Smith and McDonald to the striking amendment by Senators Talmage and Gaspard be adopted:
On page 26, after line 14 of the amendment, insert the following:
"NEW SECTION. Sec. 401. The legislature finds that treatment of the emotional problems of victims and families of victims of sex offenses and victims of violent offenses may be impaired by lengthy delay in trial of the accused and the resulting delay in testimony of the victim or the victim's representative. The trauma of the abusive or violent incident is likely to be exacerbated by requiring testimony from a victim who has substantially completed therapy and is forced to relive the incident. The legislature finds that it is necessary to prevent, to the extent reasonably possible, lengthy and unnecessary delays in trial of a person charged with a sex offense or of a violent offense.
NEW SECTION. Sec. 402. A new section is added to chapter 10.46 RCW to read as follows:
When a defendant is charged with a violent offense as defined in RCW 9.94A.030 which constitutes a violation of RCW 9A.64.020 or chapter 9.68, 9.68A, 9A.32, 9A.36, 9A.40, 9A.42, 9A.44, or 9A.46 RCW, neither the defendant nor the prosecuting attorney may agree to extend the originally scheduled trial date unless, after a hearing, the court finds that there are substantial and compelling reasons for a continuance of the trial date and that the benefit of the postponement outweighs the detriment to the victim or, if the victim is deceased, to the victim's family. At the hearing the court shall consider the testimony of lay witnesses and of expert witnesses, if available, regarding the impact of the continuance on the victim. Whenever the court grants the request for a continuance, the court shall set forth the reasons for its decision in written findings of fact and conclusions of law.
Sec. 403. RCW 9.94A.390 and 1990 c 3 s 603 are each amended to read as follows:
If the sentencing court finds that an exceptional sentence outside the standard range should be imposed in accordance with RCW 9.94A.120(2), the sentence is subject to review only as provided for in RCW 9.94A.210(4).
The following are illustrative factors which the court may consider in the exercise of its discretion to impose an exceptional sentence. The following are illustrative only and are not intended to be exclusive reasons for exceptional sentences.
(1) Mitigating Circumstances
(a) To a significant degree, the victim was an initiator, willing participant, aggressor, or provoker of the incident.
(b) Before detection, the defendant compensated, or made a good faith effort to compensate, the victim of the criminal conduct for any damage or injury sustained.
(c) The defendant committed the crime under duress, coercion, threat, or compulsion insufficient to constitute a complete defense but which significantly affected his or her conduct.
(d) The defendant, with no apparent predisposition to do so, was induced by others to participate in the crime.
(e) The defendant's capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law, was significantly impaired (voluntary use of drugs or alcohol is excluded).
(f) The offense was principally accomplished by another person and the defendant manifested extreme caution or sincere concern for the safety or well-being of the victim.
(g) The operation of the multiple offense policy of RCW 9.94A.400 results in a presumptive sentence that is clearly excessive in light of the purpose of this chapter, as expressed in RCW 9.94A.010.
(h) The defendant or the defendant's children suffered a continuing pattern of physical or sexual abuse by the victim of the offense and the offense is a response to that abuse.
(2) Aggravating Circumstances
(a) The defendant's conduct during the commission of the current offense manifested deliberate cruelty to the victim.
(b) The defendant knew or should have known that the victim of the current offense was particularly vulnerable or incapable of resistance due to extreme youth, advanced age, disability, or ill health.
(c) The current offense was a major economic offense or series of offenses, so identified by a consideration of any of the following factors:
(i) The current offense involved multiple victims or multiple incidents per victim;
(ii) The current offense involved attempted or actual monetary loss substantially greater than typical for the offense;
(iii) The current offense involved a high degree of sophistication or planning or occurred over a lengthy period of time;
(iv) The defendant used his or her position of trust, confidence, or fiduciary responsibility to facilitate the commission of the current offense.
(d) The current offense was a major violation of the Uniform Controlled Substances Act, chapter 69.50 RCW (VUCSA), related to trafficking in controlled substances, which was more onerous than the typical offense of its statutory definition: The presence of ANY of the following may identify a current offense as a major VUCSA:
(i) The current offense involved at least three separate transactions in which controlled substances were sold, transferred, or possessed with intent to do so; or
(ii) The current offense involved an attempted or actual sale or transfer of controlled substances in quantities substantially larger than for personal use; or
(iii) The current offense involved the manufacture of controlled substances for use by other parties; or
(iv) The circumstances of the current offense reveal the offender to have occupied a high position in the drug distribution hierarchy; or
(v) The current offense involved a high degree of sophistication or planning or occurred over a lengthy period of time or involved a broad geographic area of disbursement; or
(vi) The offender used his or her position or status to facilitate the commission of the current offense, including positions of trust, confidence or fiduciary responsibility (e.g., pharmacist, physician, or other medical professional); or
(e) The current offense included a finding of sexual motivation pursuant to RCW 9.94A.127;
(f) The offense was part of an ongoing pattern of sexual abuse of the same victim under the age of eighteen years manifested by multiple incidents over a prolonged period of time; ((or))
(g) The operation of the multiple offense policy of RCW 9.94A.400 results in a presumptive sentence that is clearly too lenient in light of the purpose of this chapter, as expressed in RCW 9.94A.010; or
(h) The current offense is a sexually violent offense as defined by RCW 9.94A.030 and either:
(i) The offender committed the current offense within twenty-four months of a conviction or convictions for a sexually violent offense or offenses, whether the offender was an adult or juvenile, when the offender committed the prior sexually violent offense or offenses. The twenty-four month period shall be tolled during any time period the offender is confined in jail, prison, a mental institution, or a juvenile detention or correctional facility, and is not in the community; or
(ii) The offender's criminal history includes two prior convictions for sexually violent offenses, whether the offender was an adult or a juvenile when the offender committed the prior sexually violent offenses.
When the court imposes an exceptional sentence under subsection (2)(h)(i) or (ii) of this section, the court may sentence the offender to a prison term up to life imprisonment as provided in RCW 9.94A.120. This subsection (2)(h) shall be effective only if the supreme court of Washington in a final decision holds that chapter 71.09 RCW is invalid.
Sec. 404. RCW 13.40.030 and 1989 c 407 s 3 are each amended to read as follows:
(1)(a) The juvenile disposition standards commission shall recommend to the legislature no later than November 1st of each year disposition standards for all offenses. The standards shall establish, in accordance with the purposes of this chapter, ranges which may include terms of confinement and/or community supervision established on the basis of a youth's age, the instant offense, and the history and seriousness of previous offenses, but in no case may the period of confinement and supervision exceed that to which an adult may be subjected for the same offense(s). Standards recommended for offenders listed in RCW 13.40.020(1) shall include a range of confinement which may not be less than thirty days. No standard range may include a period of confinement which includes both more than thirty, and thirty or less, days. Disposition standards recommended by the commission shall provide that in all cases where a youth is sentenced to a term of confinement in excess of thirty days the department may impose an additional period of parole not to exceed 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 parole period shall be twenty-four months. Standards of confinement which may be proposed may relate only to the length of the proposed terms and not to the nature of the security to be imposed. In developing recommended disposition standards, the commission shall consider the capacity of the state juvenile facilities and the projected impact of the proposed standards on that capacity.
(b) The secretary shall submit guidelines pertaining to the nature of the security to be imposed on youth placed in his or her custody based on the age, offense(s), and criminal history of the juvenile offender. Such guidelines shall be submitted to the legislature for its review no later than November 1st of each year. At the same time the secretary shall submit a report on security at juvenile facilities during the preceding year. The report shall include the number of escapes from each juvenile facility, the most serious offense for which each escapee had been confined, the number and nature of offenses found to have been committed by juveniles while on escape status, the number of authorized leaves granted, the number of failures to comply with leave requirements, the number and nature of offenses committed while on leave, and the number and nature of offenses committed by juveniles while in the community on minimum security status; to the extent this information is available to the secretary. The department shall include security status definitions in the security guidelines it submits to the legislature pursuant to this section.
(2) In developing recommendations for the permissible ranges of confinement under this section the commission shall be subject to the following limitations:
(a) Where the maximum term in the range is ninety days or less, the minimum term in the range may be no less than fifty percent of the maximum term in the range;
(b) Where the maximum term in the range is greater than ninety days but not greater than one year, the minimum term in the range may be no less than seventy-five percent of the maximum term in the range; and
(c) Where the maximum term in the range is more than one year, the minimum term in the range may be no less than eighty percent of the maximum term in the range."
Renumber the remaining sections consecutively and correct internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Nelson, Roach, Schow, Linda Smith and McDonald on page 26, after line 14, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319.
The motion by Senator Nelson failed and the amendment to the striking amendment was not adopted.
MOTION
Senator Roach moved that the following amendments by Senators Roach, Nelson, Hochstatter and Linda Smith to the striking amendment by Senators Talmage and Gaspard be considered simultaneously and be adopted:
On page 30, after line 20 of the amendment, insert the following:
"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."
Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 56, beginning on line 3 of the amendment, strike all of sections 431 and 432
Renumber the remaining sections consecutively and correct any internal references accordingly.
Senator Roach demanded a roll call and the demand was sustained.
Debate ensued.
POINT OF INQUIRY
Senator Niemi: "Senator Roach, it is very common for the state to charge both for assault in the second degree and reckless endangerment and coming out of the same act. Can you tell me how you intend--the fact that you have raised reckless endangerment and assault to the same kind of penalty as assault in the second degree--do you have any advic2e to a prosecutor as to how they are going to decide that?"
Senator Roach: "Well, that is what--they will be making those decisions. All I can tell you is that reckless endangerment when you are driving around shooting outside of a vehicle, possibly killing people, is a very serious crime and I think it should be elevated."
Further debate ensued.
The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senators Roach, Nelson, Hochstatter and Linda Smith on page 30, after line 20, and page 56, beginning on line 3, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319.
ROLL CALL
The Secretary called the roll and the amendments to the striking amendment were adopted by the following vote: Yeas, 41; Nays, 8; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, McAuliffe, McCaslin, McDonald, Moore, Morton, Nelson, Newhouse, Oke, Owen, Quigley, Rasmussen, M., Roach, Schow, Sellar, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 41.
Voting nay: Senators Ludwig, Moyer, Niemi, Pelz, Prentice, Prince, Rinehart and Sheldon - 8.
MOTION
Senator Roach moved that the following amendment by Senators Roach, Linda Smith and Hochstatter to the striking amendment by Senators Talmage and Gaspard be adopted:
On page 30, after line 20 of the amendment, insert the following:
"Sec. 409. 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 36y 40y
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 range for felony crimes committed after the effective date of this section if the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 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 firearm as defined in RCW 9.41.010 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 additional times shall be added to the presumptive range determined under subsection (2) of this section:
(a) Five years for Rape 1 (RCW 9A.44.040), Robbery 1 (RCW 9A.56.200), Kidnapping 1 (RCW 9A.40.020), Burglary 1 (RCW 9A.52.020), or any other felony defined under any law as a class A felony and not covered under (e) of this subsection.
(b) Three years for Assault 2 (RCW 9A.36.021), 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), any felony drug offense or any class B felony under RCW 9A.20.021(1)(b) not specifically listed in this subsection and not covered under (e) of this subsection.
(c) Eighteen months for any other class C felony under RCW 9A.20.021(1)(c) and not covered under (b) or (e) of this subsection.
(d) If the offender is being sentenced under (a), (b), and/or (c) of this subsection and the offender has already been previously sentenced after the effective date of this section under (a), (b), and/or (c) of this subsection or subsection (4)(a), (b), and/or (c) of this section, the presumptive sentences under this subsection are automatically doubled.
(e) Any and all crimes which by definition required the possession, theft, display, use, or discharge of a firearm are excluded from this subsection.
(4) The following additional times shall be added to the presumptive sentence range for felony crimes committed after the effective date of this section if the offender or an accomplice was armed with a deadly weapon as defined in this chapter other than a firearm as defined in RCW 9.41.010 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 other than a firearm as defined in RCW 9.41.010 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 additional times shall be added to the presumptive sentence range determined under subsection (2) of this section:
(a) ((24 months)) Two years for Rape 1 (RCW 9A.44.040), Robbery 1 (RCW 9A.56.200), ((or)) Kidnapping 1 (RCW 9A.40.020), Burglary 1 (RCW 9A.52.020), or any other felony defined under any law as a class A felony and not covered under (e) of this subsection;
(b) ((18 months for Burglary 1 (RCW 9A.52.020))) One year for Assault 2 (RCW 9A.36.021), 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), any felony drug offense, or any class B felony as defined in RCW 9A.20.021(1)(b) not specifically listed in this subsection and not covered under (e) of this subsection;
(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)) Six months for any other class C felony as defined in RCW 9A.20.021(1)(c) and not covered under (b) or (e) of this subsection.
(d) If the offender is being sentenced under (a), (b), and/or (c) of this subsection and the offender has already been previously sentenced after the effective date of this section under (a), (b), and/or (c) of this subsection or subsection (3)(a), (b), and/or (c) of this section the presumptive sentences under this subsection are automatically doubled.
(e) Any and all crimes which by definition require the possession, theft, display, or use of any deadly weapon other than a firearm as defined in RCW 9.41.010 are excluded from this subsection.
(((4))) (5) The following additional times shall be added to the presumptive sentence range 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 additional 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))) (6) 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."
Renumber the remaining sections consecutively and correct any internal references accordingly.
Debate ensued
POINT OF INQUIRY
Senator Pelz: "Senator Roach, when you drafted and proposed this amendment, did you have any idea what it would cost?"
Senator Roach: "Senator Pelz, that is definitely a consideration that we have considered and do quite strongly believe that if this legislative body would prioritize what the public desires that we can, in fact, have this piece of legislation."
Senator Pelz: "I'm sorry--"
Senator Roach: "The answer, sir, was 'yes.'"
Senator Pelz: "I'll restate my question. What would this cost?"
Senator Roach: "The exact numbers are not quite available to me at this point, because I don't have them with me. Would you like me to find that?"
Further debate ensued.
Senator Roach demanded a roll call and the demand was sustained.
Further debate ensued.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senators Roach, Linda Smith and Hochstatter on page 30, after line 20, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319.
ROLL CALL
The Secretary called the roll and the amendment to the striking amendment was not adopted by the following vote: Yeas, 19; Nays, 29; Absent, 1; Excused, 0.
Voting yea: Senators Amondson, Anderson, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Morton, Nelson, Newhouse, Oke, Prince, Roach, Schow, Sellar, Smith, L., West and Winsley - 19.
Voting nay: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, Moore, Moyer, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 29.
Absent: Senator Bluechel - 1.
MOTION
Senator Schow moved that the following amendment to the striking amendment by Senators Talmadge and Gaspard be adopted:
On page 31, line 23 of the amendment, after "burglary," insert "reckless endangerment in the first degree,"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Schow on page 31, line 23, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319.
The motion by Senator Schow carried and the amendment to the striking amendment was adopted.
MOTION
Senator Skratek moved that the following amendment by Senator Hargrove to the striking amendment by Senators Talmadge and Gaspard be adopted:
On page 32, line 35 of the amendment, after "therefrom" insert "at the rate of five or more shots per second"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Hargrove on page 32, line 35, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319.
The motion by Senator Skratek carried and the amendment by Senator Hargrove to the striking amendment was adopted.
STATEMENT FOR THE JOURNAL
I was absent for the vote on the amendments proposed by Senators Wojahn, Prentice, Moore, Niemi and Pelz concerning the ban on assault weapons, which I do support. I was off the floor addressing additional amendments for the youth violence bill and regretfully was not present when the vote occurred.
SENATOR KATHLEEN DREW, 5th District
MOTION
Senator Wojahn moved that the following amendments by Senators Wojahn, Prentice, Moore, Niemi and Pelz to the striking amendment by Senators Talmadge and Gaspard be considered simultaneously and be adopted:
On page 33, after line 24 of the amendment, insert the following:
"(10) "Assault weapon" means any of the following semiautomatic firearms or replicas or duplicates of semiautomatic firearms known as:
(a) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);
(b) Action Arms Israeli Military Industries UZI and Galil;
(c) Beretta AR-70 (SC-70);
(d) Colt AR 15 and Spotar;
(e) Fabrique Nationale FN/FAL, FN/LAR, and FNC;
(f) MAC 10, M-10, MAC 11, and M-11;
(g) Steyr AUG;
(h) INTRATEC TEC-9, TEC-DC-9, and TEC-22; and
(i) Revolving cylinder shotguns such as, or similar to, the Street Sweeper and Striker 12."
On page 50, line 34 of the amendment, after "machine gun" insert "or assault weapon"
On page 50, line 36 of the amendment, after "limitation))" insert "or assault weapon"
On page 51, after line 12 of the amendment, insert the following:
"Sec. 425. RCW 9.41.220 and 1933 c 64 s 4 are each amended to read as follows:
All machine guns and assault weapons, or parts thereof, illegally held or illegally possessed are hereby declared to be contraband, and it shall be the duty of all peace officers, and/or any officer or member of the armed forces of the United States or the state of Washington, to seize said machine gun or assault weapon, or parts thereof, wherever and whenever found.
"Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 56, after line 2 of the amendment, insert the following:
"NEW SECTION. Sec. 431. Any person voluntarily surrendering an assault weapon to the chief of police or county sheriff in the city or county of the person's residence within ninety days of the effective date of this section shall be immune from prosecution for the possession of that assault weapon. The police chief or sheriff shall make a determination of the fair market value of any assault weapon surrendered within ninety days of the effective date of this section and shall pay the owner of any assault weapon so surrendered the fair market value of the assault weapon or two hundred dollars, whichever is less."
Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 158, after line 13 of the amendment, insert the following:
"NEW SECTION. Sec. 709. The sum of three hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the public safety and education account to the criminal justice training commission solely for implementation of section 431 of this act."
Renumber the remaining sections consecutively and correct any internal references accordingly.
Debate ensued.
Senator Wojahn demanded a roll call and the demand was sustained.
MOTION
On motion of Senator McCaslin, Senator Amondson was excused.
The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senators Wojahn, Prentice, Moore, Niemi and Pelz on page 33, after line 24; page 50, lines 34 and 36; page 51, after line 12; page 56, after line 2; and page 158, after line 13; to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319.
ROLL CALL
The Secretary called the roll and the amendments to the striking amendment were not adopted by the following vote: Yeas, 20; Nays, 27; Absent, 1; Excused, 1.
Voting yea: Senators Bluechel, Franklin, Fraser, Gaspard, Haugen, McAuliffe, Moore, Moyer, Niemi, Pelz, Prentice, Quigley, Rinehart, Sheldon, Snyder, Spanel, Talmadge, Williams, Winsley and Wojahn - 20.
Voting nay: Senators Anderson, Bauer, Cantu, Deccio, Erwin, Hargrove, Hochstatter, Loveland, Ludwig, McCaslin, McDonald, Morton, Nelson, Newhouse, Oke, Owen, Prince, Rasmussen, M., Roach, Schow, Sellar, Skratek, Smith, A., Smith, L., Sutherland, Vognild and West - 27.
Absent: Senator Drew - 1.
Excused: Senator Amondson - 1.
MOTION
Senator Roach moved that the following amendments by Senators Roach, McDonald, Hochstatter, Morton, Moyer, Amondson, Linda Smith, Anderson, Nelson, Schow, McCaslin and Oke to the striking amendment by Senators Talmadge and Gaspard be considered simultaneously and be adopted:
On page 33, beginning on line 25 of the amendment, strike all of section 412
Renumber the remaining sections consecutively and correct internal references accordingly.
On page 56, beginning on line 3 of the amendment, strike all of sections 431 and 432
Renumber the remaining sections consecutively and correct internal references accordingly.
On page 113, beginning on line 15 of the amendment, strike all of section 464
Renumber the remaining sections consecutively and correct internal references accordingly.
On page 121, after line 18 of the amendment, insert the following:
"Sec. 471. 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 36y 40y
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 for felony crimes committed after the effective date of this section if the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 and the offender is being sentenced for one of the crimes listed in this subsection as eligible for firearm enhancements. If the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 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 as eligible for firearm enhancements, the following additional times shall be added to the presumptive sentence determined under subsection (2) of this section:
(a) Five years for a felony defined under law as a class A felony and not covered under (f) of this subsection.
(b) Three years for a class B felony as defined in RCW 9A.20.021(1)(b) and not covered under (f) of this subsection.
(c) Eighteen months for a class C felony as defined in RCW 9A.20.021(1)(c) and not covered under (f) of this subsection.
(d) If the offender is being sentenced for firearm enhancements under (a), (b), or (c) of this subsection and the offender has already been previously sentenced for deadly weapon enhancements after the effective date of this section under (a) through (c) of this subsection or subsection (4) (a) through (c) of this section, all firearm enhancements under this subsection are automatically doubled.
(e) Notwithstanding any other provision of law, the firearm enhancements under this section shall not run concurrently with any other term or terms of imprisonment.
(f) All felony crimes which by definition require as the essential and only element of the crime the possession, theft, display, or use of a deadly weapon as defined in either RCW 9.41.010 or 9.94A.125, or both, are excluded from this subsection. These crimes include: Possessing a machine gun, possessing a stolen firearm, reckless endangerment in the first degree, setting a spring gun, theft of a firearm, unlawful possession of a firearm, and use of a machine gun in a felony. All other felony crimes including, but not limited to, rape in the first degree and robbery in the first degree shall not be considered under this subsection because the deadly weapon is an alternative element of the crime.
(4) The following additional times shall be added to the presumptive sentence for felony crimes committed after the effective date of this section if the offender or an accomplice was armed with a deadly weapon as defined in this chapter other than a firearm as defined in RCW 9.41.010 and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any deadly weapon enhancements. If the offender or an accomplice was armed with a deadly weapon other than a firearm as defined in RCW 9.41.010 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 as eligible for any deadly weapon enhancements, the following times shall be added to the presumptive ((range)) sentence 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))) Two years for a felony defined under law as a class A felony and not covered under (f) of this subsection.
(b) ((18 months for Burglary 1 (RCW 9A.52.020))) One year for any class B felony as defined in RCW 9A.20.021(1)(b) and not covered under (f) of this subsection.
(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)) Six months for any class C felony as defined in RCW 9A.20.021(1)(c) and not covered under (f) of this subsection.
(d) If the offender is being sentenced under (a) through (c) of this subsection for deadly weapon enhancements and the offender has already been previously sentenced for deadly weapon enhancements after the effective date of this section under (a) through (c) of this subsection or subsection (3) (a) through (c) of this section, all deadly weapon enhancements under this subsection are automatically doubled.
(e) Notwithstanding any other provision of law, the deadly weapon enhancements under this section shall not run concurrently with any other term or terms of imprisonment.
(f) All felony crimes which by definition require as the essential and only element of the crime the possession, theft, display, or use of any deadly weapon as defined in either RCW 9.41.010 or 9.94A.125 or both, are excluded from this subsection. These crimes include: Possessing a machine gun, possessing a stolen firearm, reckless endangerment in the first degree, setting a spring gun, theft of a firearm, unlawful possession of a firearm, and use of a machine gun in a felony. All other felony crimes including, but not limited to, rape in the first degree and robbery in the first degree shall not be considered under this subsection because the deadly weapon is an alternative element of the crime.
(((4))) (5) 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 additional 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))) (6) 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. 472. 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))
Reckless Endangerment 1 (RCW 9A.36.045)
Unlawful Possession of a Firearm by a Felon (RCW 9.41.040)
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))
Theft of a Firearm (section 479 of this act)
V Criminal Mistreatment 1 (RCW 9A.42.020)
Rape 3 (RCW 9A.44.060)
Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
Child Molestation 3 (RCW 9A.44.089)
Kidnapping 2 (RCW 9A.40.030)
Extortion 1 (RCW 9A.56.120)
Incest 2 (RCW 9A.64.020(2))
Perjury 1 (RCW 9A.72.020)
Extortionate Extension of Credit (RCW 9A.82.020)
Advancing money or property for extortionate extension of credit (RCW 9A.82.030)
Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)
Rendering Criminal Assistance 1 (RCW 9A.76.070)
Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))
Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))
Possession of a Stolen Firearm (section 481 of this act)
IV Residential Burglary (RCW 9A.52.025)
Theft of Livestock 1 (RCW 9A.56.080)
Robbery 2 (RCW 9A.56.210)
Assault 2 (RCW 9A.36.021)
Escape 1 (RCW 9A.76.110)
Arson 2 (RCW 9A.48.030)
Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)
Malicious Harassment (RCW 9A.36.080)
Threats to Bomb (RCW 9.61.160)
Willful Failure to Return from Furlough (RCW 72.66.060)
Hit and Run — Injury Accident (RCW 46.52.020(4))
Vehicular Assault (RCW 46.61.522)
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana or methamphetamines) (RCW 69.50.401(a)(1)(ii) through (iv))
Influencing Outcome of Sporting Event (RCW 9A.82.070)
Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))
Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))
III Criminal mistreatment 2 (RCW 9A.42.030)
Extortion 2 (RCW 9A.56.130)
Unlawful Imprisonment (RCW 9A.40.040)
Assault 3 (RCW 9A.36.031)
Assault of a Child 3 (RCW 9A.36.140)
Custodial Assault (RCW 9A.36.100)
((Unlawful possession of firearm or pistol by felon (RCW 9.41.040)))
Harassment (RCW 9A.46.020)
Promoting Prostitution 2 (RCW 9A.88.080)
Willful Failure to Return from Work Release (RCW 72.65.070)
Burglary 2 (RCW 9A.52.030)
Introducing Contraband 2 (RCW 9A.76.150)
Communication with a Minor for Immoral Purposes (RCW 9.68A.090)
Patronizing a Juvenile Prostitute (RCW 9.68A.100)
Escape 2 (RCW 9A.76.120)
Perjury 2 (RCW 9A.72.030)
Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))
Intimidating a Public Servant (RCW 9A.76.180)
Tampering with a Witness (RCW 9A.72.120)
Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(ii))
Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))
Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))
Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))
Theft of livestock 2 (RCW 9A.56.080)
Securities Act violation (RCW 21.20.400)
II Malicious Mischief 1 (RCW 9A.48.070)
Possession of Stolen Property 1 (RCW 9A.56.150)
Theft 1 (RCW 9A.56.030)
Possession of controlled substance that is either heroin or narcotics from Schedule I or II (RCW 69.50.401(d))
Possession of phencyclidine (PCP) (RCW 69.50.401(d))
Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))
Computer Trespass 1 (RCW 9A.52.110)
((Reckless Endangerment 1 (RCW 9A.36.045)))
Escape from Community Custody (RCW 72.09.310)
I Theft 2 (RCW 9A.56.040)
Possession of Stolen Property 2 (RCW 9A.56.160)
Forgery (RCW 9A.60.020)
Taking Motor Vehicle Without Permission (RCW 9A.56.070)
Vehicle Prowl 1 (RCW 9A.52.095)
Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)
Malicious Mischief 2 (RCW 9A.48.080)
Reckless Burning 1 (RCW 9A.48.040)
Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))
False Verification for Welfare (RCW 74.08.055)
Forged Prescription (RCW 69.41.020)
Forged Prescription for a Controlled Substance (RCW 69.50.403)
Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine) (RCW 69.50.401(d))
NEW SECTION. Sec. 473. Notwithstanding the current placement or listing of crimes in categories or classifications of prosecuting standards for deciding to prosecute under RCW 9.94A.440(2), all felony crimes involving a deadly weapon special verdict under RCW 9.94A.125, any deadly weapon enhancements under RCW 9.94A.310 (3) or (4), and all felony crimes as defined in either RCW 9.94A.310 (3)(f) or (4)(f), or both, which are excluded from the deadly weapon enhancements but by definition require as the essential and only element of the crime the possession, theft, display, or use of any deadly weapon as defined in either RCW 9.41.010 or 9.94A.125, or both, shall all be treated as crimes against a person and subject to the prosecuting standards for deciding to prosecute under RCW 9.94A.440(2) as crimes against persons.
NEW SECTION. Sec. 474. All recommended sentencing agreements or plea agreements and sentences for all felony crimes shall be made and retained as public records if the felony crime involves:
(1) A violent offense as defined in this chapter;
(2) A most serious offense as defined in this chapter;
(3) A felony with a deadly weapon special verdict under RCW 9.94A.125;
(4) A felony with deadly weapon enhancements under RCW 9.94A.310 (3) or (4); or
(5) Any felony crimes as defined in either RCW 9.94A.310 (3)(f) or (4)(f), or both, which are excluded from the deadly weapon enhancements but by definition require as the essential and only element of the crime the possession, theft, display, or use of any deadly weapon as defined in either RCW 9.41.010 or 9.94A.125, or both.
NEW SECTION. Sec. 475. (1) A current, newly created, or reworked judgment and sentence document for each felony sentencing shall record all recommended sentencing agreements or plea agreements and sentences for all felony crimes kept as public records under section 474 of this act shall contain the clearly printed name and legal signature of the sentencing judge. The judgment and sentence document as defined in this section shall also provide additional space for the sentencing judge's reasons for going either above or below the sentence range for all felony crimes covered as public records under section 474 of this act. Both the sentencing judge and the prosecuting attorney's office shall each retain or receive a completed copy of each sentencing document as defined in this section for their own records.
(2) The sentencing guidelines commission shall be sent a completed copy of the judgment and sentence document upon conviction for each felony sentencing under subsection (1) of this section and shall compile a yearly and cumulative judicial record of each sentencing judge in regards to his or her sentencing practices for all felony crimes involving:
(a) A violent offense as defined in this chapter;
(b) A most serious offense as defined in this chapter;
(c) A felony with any deadly weapon special verdict under RCW 9.94A.125;
(d) A felony with deadly weapon enhancements under RCW 9.94A.310 (3) or (4); or
(e) A felony crime as defined in either RCW 9.94A.310 (3)(f) or (4)(f), or both, which are excluded from the deadly weapon enhancements but by definition require as the essential and only element of the crime the possession, theft, display, or use of any deadly weapon as defined in either RCW 9.41.010 or 9.94A.125, or both.
(3) Each individual judge's sentencing practices shall be compared to the standard or presumptive sentencing range for all felony crimes listed in subsection (2) of this section for the appropriate offender score as defined in RCW 9.94A.360. These comparative records shall be retained and made available to the public for review in a current, newly created, or reworked officially published document by the sentencing guidelines commission.
(4) All felony sentences which are either above or below the standard or presumptive sentence range in subsection (3) of this section shall also mark whether the prosecuting attorney in the case also recommended a similar sentence, if any, which was either above or below the presumptive range.
(5) All felony sentences with a portion of any applicable deadly weapon enhancements under RCW 9.94A.310 (3) or (4) deferred or suspended under RCW 9.94A.130 shall also have a recommended sentencing agreement or plea agreement under section 474 of this act between the prosecuting attorney and the defendant in exchange for a plea of guilty in order to be a valid sentence.
(6) If any completed judgment and sentence document as defined in subsection (1) of this section is not sent to the sentencing guidelines commission as required in subsection (2) of this section, the sentencing guidelines commission shall have the authority and shall undertake reasonable and necessary steps to assure that all past, current, and future sentencing documents as defined in subsection (1) of this section are received by the sentencing guidelines commission.
Sec. 476. 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 who has been convicted of a felony committed after the effective date of this section that involves any deadly weapon enhancements under RCW 9.94A.310 (3) or (4) shall not receive any good time credits or earned early release time for that portion of his or her sentence that results from any deadly weapon enhancements. 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 or herself in the community;
(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 sentence if the sentence has been reduced as provided in RCW 9.94A.160.
Sec. 477. 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 as defined in RCW 9.41.010 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 felony.
Sec. 478. RCW 9A.52.020 and 1975 1st ex.s. c 260 s 9A.52.020 are each amended to read as follows:
(1) A person is guilty of burglary in the first degree if, with intent to commit a crime against a person or property therein, he or she enters or remains unlawfully in a ((dwelling)) building and if, in entering or while in the ((dwelling)) building or in immediate flight therefrom, the actor or another participant in the crime (a) is armed with a deadly weapon, or (b) assaults any person therein.
(2) Burglary in the first degree is a class A felony.
NEW SECTION. Sec. 479. A new section is added to chapter 9A.56 RCW to read as follows:
(1) A person is guilty of theft of a firearm if he or she commits theft of any firearm as defined in RCW 9.41.010.
(2) Each firearm, as defined in RCW 9.41.010, taken in the theft is a separate offense.
(3) The definition of theft and the defense allowed against the prosecution for theft under RCW 9A.56.020 shall apply to the crime of theft of a firearm.
(4) Theft of a firearm is a class B felony.
Sec. 480. 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. 481. A new section is added to chapter 9A.56 RCW to read as follows:
(1) A person is guilty of possessing a stolen firearm if he or she possesses, carries, or is in control of a stolen firearm.
(2) Each stolen firearm is a separate offense.
(3) The definition of possessing stolen property and the defense allowed against the prosecution for possessing stolen property under RCW 9A.56.140 shall apply to the crime of possessing a stolen firearm. Firearm, as defined in this section, means any firearm as defined in RCW 9.41.010.
Sec. 482. 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.
Sec. 483. 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 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)) B 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)) B felony under chapter 9A.20 RCW.
(7) For the purposes of this section, firearm means any firearm or firearms as defined in RCW 9.41.010.
Sec. 484. RCW 10.95.020 and 1981 c 138 s 2 are each amended to read as follows:
A person is guilty of aggravated first degree murder if he or she commits first degree murder as defined by RCW 9A.32.030(1)(a), as now or hereafter amended, and one or more of the following aggravating circumstances exist:
(1) The victim was a law enforcement officer, corrections officer, or fire fighter who was performing his or her official duties at the time of the act resulting in death and the victim was known or reasonably should have been known by the person to be such at the time of the killing;
(2) At the time of the act resulting in the death, the person was serving a term of imprisonment, had escaped, or was on authorized or unauthorized leave in or from a state facility or program for the incarceration or treatment of persons adjudicated guilty of crimes;
(3) At the time of the act resulting in death, the person was in custody in a county or county-city jail as a consequence of having been adjudicated guilty of a felony;
(4) The person committed the murder pursuant to an agreement that he or she would receive money or any other thing of value for committing the murder;
(5) The person solicited another person to commit the murder and had paid or had agreed to pay money or any other thing of value for committing the murder;
(6) The person committed the murder to obtain, maintain, or advance his or her membership in an organization, association, or identifiable group;
(7) The murder was committed during the course of or as a result of a shooting where the discharge of the firearm, as defined in RCW 9.41.010 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;
(8) The victim was:
(a) A judge; juror or former juror; prospective, current, or former witness in an adjudicative proceeding; prosecuting attorney; deputy prosecuting attorney; defense attorney; a member of the ((board of prison terms and paroles)) indeterminate sentence review board; or a probation or parole officer; and
(b) The murder was related to the exercise of official duties performed or to be performed by the victim;
(((7))) (9) The person committed the murder to conceal the commission of a crime or to protect or conceal the identity of any person committing a crime, including the attempt to avoid a mandatory life without parole sentence as a persistent offender;
(((8))) (10) There was more than one victim and the murders were part of a common scheme or plan or the result of a single act of the person;
(((9))) (11) The murder was committed in the course of, in furtherance of, or in immediate flight from one of the following crimes:
(a) Robbery in the first or second degree;
(b) Rape in the first or second degree;
(c) Burglary in the first or second degree or residential burglary;
(d) Kidnapping in the first degree; or
(e) Arson in the first degree;
(((10))) (12) The victim was regularly employed or self-employed as a newsreporter and the murder was committed to obstruct or hinder the investigative, research, or reporting activities of the victim.
NEW SECTION. Sec. 485. All law enforcement agencies or personnel, criminal justice attorneys, sentencing judges, or state or local correctional facilities or personnel may, but are not required to, give any and all offenders either written or oral notice, or both, of the sanctions imposed and criminal justice changes regarding armed offenders including but not limited to the subjects of:
(1) Felony crimes involving any deadly weapon special verdict under RCW 9.94A.125;
(2) All deadly weapon enhancements under RCW 9.94A.310 (3) or (4) as well as any federal firearm, ammunition, or other deadly weapon enhancements;
(3) All felony crimes requiring the possession, display, or use of any deadly weapon as defined in either RCW 9.41.010 or 9.94A.125, or both, as well as the many increased penalties for these crimes;
(4) New prosecuting standards established for filing charges for crimes involving any deadly weapons and new limitations placed on plea agreements;
(5) New and strict judicial conduct and court sentencing records regarding armed offenders; and
(6) Removal of good time for all deadly weapon enhancements.
NEW SECTION. Sec. 486. Sections 473 through 475 of this act are each added to chapter 9.94A RCW.
NEW SECTION. Sec. 487. This act shall be known and cited as the hard time for armed crime act.
NEW SECTION. Sec. 488. 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."
Debate ensued.
POINT OF INQUIRY
Senator Pelz: "Senator Roach, could you tell us how much this would cost?"
Senator Roach: "It is going to cost just about the amount that we are allocating for Wash-Pan."
Senator Pelz: "Six million dollars?"
Senator Roach: "About that."
Further debate ensued.
Senator Roach demanded a roll call and the demand was sustained.
MOTION
On motion of Senator Spanel, Senator Drew was excused.
The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senators Roach, McDonald, Hochstatter, Morton, Moyer, Amondson, Linda Smith, Anderson, Nelson, Schow, McCaslin and Oke on page 33, beginning on line 25; page 56, beginning on line 3; page 113, beginning on line 15; and page 121, after line 18; to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319.
ROLL CALL
The Secretary called the roll and the amendments to the striking amendment were not adopted by the following vote: Yeas, 19; Nays, 28; Absent, 1; Excused, 1.
Voting yea: Senators Amondson, Anderson, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Morton, Moyer, Nelson, Oke, Prince, Roach, Schow, Sellar, Smith, L., West and Winsley - 19.
Voting nay: Senators Bauer, Bluechel, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 28.
Absent: Senator Newhouse - 1.
Excused: Senator Drew - 1.
MOTIONS
On motion of Senator Skratek, the following amendments by Senators Skratek and Hargrove to the striking amendment by Senators Talmadge and Gaspard were considered simultaneously and were adopted:
On page 36, beginning on line 9 of the amendment, after "within" strike "((thirty)) forty-five" and insert "thirty"
On page 36, beginning on line 17 of the amendment, after "up to" strike "((sixty)) seventy-five" and insert "sixty"
Senator Ludwig moved that the following amendments to the striking amendment by Senators Talmadge and Gaspard be considered simultaneously and be adopted:
On page 38, beginning on line 18 of the amendment, after "state law." strike all material through "9.41.170." on line 33, and insert "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."
On page 49, beginning on line 30 of the amendment, strike all of section 422 and insert the following:
"Sec. 422. 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.))"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Ludwig on page 38, beginning on line 18, and page 49, beginning on line 30, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319.
The motion by Senator Ludwig carried and the amendments to the striking amendment were adopted.
MOTION
Senator Wojahn moved that the following amendments by Senators Wojahn, Prentice, Moore, Niemi and Pelz to the striking amendment by Senators Talmadge and Gaspard be considered simultaneously and be adopted:
On page 56, after line 2 of the amendment, insert the following:
"NEW SECTION. Sec. 431. A new section is added to chapter 9.41 RCW to read as follows:
(1) The advisory panel on assault weapons is established.
(2) The panel shall advise the legislature on current technology, information, and data related to assault weapons or firearms that the panel believes should be considered assault weapons for the purposes of this chapter and shall make recommendations to the legislature regarding any proposed changes to the current roster of assault weapons contained in this chapter.
(3) The panel shall consist of nine members appointed by the governor.
(4) The members of the panel shall include:
(a) A representative of the Washington association of sheriffs and police chiefs, who shall serve as chair;
(b) A representative of the national rifle association or its affiliated state organization, or of a similar citizens' group, who resides in Washington state;
(c) A representative of Washington cease fire or of a similar citizens' group, who resides in Washington state;
(d) A representative of pistol dealers, manufacturers, or gunsmiths;
(e) One state representative;
(f) One state senator; and
(g) Three citizens.
(5) The panel shall meet at least twice annually at the request of the chair or by request of a majority of the members.
(6) The panel shall consider the following characteristics of a semiautomatic firearm, with no undue weight given to any one characteristic, in determining whether to recommend listing it as an assault weapon:
(a) Concealability;
(b) Detectability by standard security equipment;
(c) Weight;
(d) Quality;
(e) Safety;
(f) Caliber;
(g) Utility for legitimate sporting activities or self-protection.
(7) Nothing in this section may be construed as requiring the panel to test any firearm or have any firearm tested at the panel's expense."
Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 158, after line 13 of the amendment, insert the following:
"NEW SECTION. Sec. 709. The sum of fifteen thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the public safety and education account to the criminal justice training commission solely to support the activities of the advisory panel on assault weapons pursuant to section 431 of this act."
Renumber the remaining sections consecutively and correct any internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Wojahn, Prentice, Moore, Niemi and Pelz on page 56, after line 2, and page 158, after line 13, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319.
The motion by Senator Wojahn failed and the amendments to the striking amendment were not adopted on a rising vote.
MOTION
Senator Ludwig moved that the following amendment to the striking amendment by Senators Talmadge and Gaspard be adopted:
On page 56, after line 2 of the amendment, insert the following:
"Sec. 431. 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 36y 40y
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. 432. 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)."
Renumber the sections consecutively and correct any internal references accordingly.
POINT OF INQUIRY
Senator Schow: "Senator Ludwig, do you have the figures on what this is going to cost?"
Senator Ludwig: "I was hoping you would ask, Senator Schow. No, I don't, but I think it would not cost any more that Senator Roach's proposal because of the discretionary--you know it has the potential to cost less because of the discretionary factor included."
Further debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Ludwig on page 56, after line 3, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319.
The motion by Senator Ludwig carried and the amendment to the striking amendment was adopted on a rising vote.
MOTIONS
On motion of Senator Rasmussen, the following amendment by Senators Rasmussen, Hargrove, Oke and Talmadge to the striking amendment by Senators Talmadge and Gaspard was adopted:
On page 57, after line 21 of the amendment, insert the following:
"NEW SECTION. Sec. 434. 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.
"Renumber the remaining sections consecutively and correct any internal references accordingly.
On motion of Senator Nelson, the following amendment by Senators Nelson, Amondson, McDonald, Roach, Anderson and Linda Smith to the striking amendment by Senators Talmadge and Gaspard was adopted:
On page 57, after line 21 of the amendment, insert the following:
"Sec. 434. RCW 9.94A.030 and 1994 c 1 s 3 (Initiative Measure No. 593), 1993 c 338 s 2, 1993 c 251 s 4, and 1993 c 164 s 1 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) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department of corrections, means that the department is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account.
(2) "Commission" means the sentencing guidelines commission.
(3) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.
(4) "Community custody" means that portion of an inmate's sentence of confinement in lieu of earned early release time served in the community subject to controls placed on the inmate's movement and activities by the department of corrections.
(5) "Community placement" means that period during which the offender is subject to the conditions of community custody and/or postrelease supervision, which begins either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned early release. Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two.
(6) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender.
(7) "Community supervision" means a period of time during which a convicted offender is subject to crime-related prohibitions and other sentence conditions imposed by a court pursuant to this chapter or RCW 46.61.524. For first-time offenders, the supervision may include crime-related prohibitions and other conditions imposed pursuant to RCW 9.94A.120(5). For purposes of the interstate compact for out-of-state supervision of parolees and probationers, RCW 9.95.270, community supervision is the functional equivalent of probation and should be considered the same as probation by other states.
(8) "Confinement" means total or partial confinement as defined in this section.
(9) "Conviction" means an adjudication of guilt pursuant to Titles 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.
(10) "Court-ordered legal financial obligation" means a sum of money that is ordered by a superior court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony conviction. Upon conviction for vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial obligations may also include payment to a public agency of the expense of an emergency response to the incident resulting in the conviction, subject to the provisions in RCW 38.52.430.
(11) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct.
(12)(a) "Criminal history" means the list of a defendant's prior convictions, whether in this state, in federal court, or elsewhere. The history shall include, where known, for each conviction (i) whether the defendant has been placed on probation and the length and terms thereof; and (ii) whether the defendant has been incarcerated and the length of incarceration.
(b) "Criminal history" shall always include juvenile convictions for sex offenses and shall also include a defendant's other prior convictions in juvenile court if: (i) The conviction was for an offense which is a felony or a serious traffic offense and is criminal history as defined in RCW 13.40.020(((6)(a))) (9); (ii) the defendant was fifteen years of age or older at the time the offense was committed; and (iii) with respect to prior juvenile class B and C felonies ((or serious traffic offenses, the defendant was less than twenty-three years of age at the time the offense for which he or she is being sentenced was committed)) the offense would be included under RCW 9.94A.360(2).
(13) "Department" means the department of corrections.
(14) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community supervision, the number of actual hours or days of community service work, or dollars or terms of a legal financial obligation. The fact that an offender through "earned early release" can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence.
(15) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of any amount required by law to be withheld. For the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.
(16) "Drug offense" means:
(a) Any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403);
(b) Any offense defined as a felony under federal law that relates to the possession, manufacture, distribution, or transportation of a controlled substance; or
(c) Any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under (a) of this subsection.
(17) "Escape" means:
(a) Escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), willful failure to return from furlough (RCW 72.66.060), willful failure to return from work release (RCW 72.65.070), or willful failure to be available for supervision by the department while in community custody (RCW 72.09.310); or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as an escape under (a) of this subsection.
(18) "Felony traffic offense" means:
(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding a police officer (RCW 46.61.024), or felony hit-and-run injury-accident (RCW 46.52.020(4)); or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a felony traffic offense under (a) of this subsection.
(19) "Fines" means the requirement that the offender pay a specific sum of money over a specific period of time to the court.
(20)(a) "First-time offender" means any person who is convicted of a felony (i) not classified as a violent offense or a sex offense under this chapter, or (ii) that is not 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 the selling for profit of any controlled substance or counterfeit substance classified in schedule I, RCW 69.50.204, except leaves and flowering tops of marihuana, and except as provided in (b) of this subsection, who previously has never been convicted of a felony in this state, federal court, or another state, and who has never participated in a program of deferred prosecution for a felony offense.
(b) For purposes of (a) of this subsection, a juvenile adjudication for an offense committed before the age of fifteen years is not a previous felony conviction except for adjudications of sex offenses.
(21) "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 felony defined under any law as a class A felony or criminal solicitation of or criminal conspiracy to commit a class A felony;
(b) Assault in the second degree;
(c) Assault of a child in the second degree;
(d) Child molestation in the second degree;
(e) Controlled substance homicide;
(f) Extortion in the first degree;
(g) Incest when committed against a child under age fourteen;
(h) Indecent liberties;
(i) Kidnapping in the second degree;
(j) Leading organized crime;
(k) Manslaughter in the first degree;
(l) Manslaughter in the second degree;
(m) Promoting prostitution in the first degree;
(n) Rape in the third degree;
(o) Robbery in the second degree;
(p) Sexual exploitation;
(q) Vehicular assault;
(r) 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;
(s) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under this section;
(t) Any other felony with a deadly weapon verdict under RCW 9.94A.125;
(u) Any felony offense in effect at any time prior to December 2, 1993, that is comparable to a most serious offense under this subsection, 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 under this subsection.
(22) "Nonviolent offense" means an offense which is not a violent offense.
(23) "Offender" means a person who has committed a felony established by state law and is eighteen years of age or older or is less than eighteen years of age but whose case has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110 or has been tried in a criminal court pursuant to RCW 13.04.030(5)(d). Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.
(24) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention or work crew has been ordered by the court, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community. Partial confinement includes work release, home detention, work crew, and a combination of work crew and home detention as defined in this section.
(25) "Persistent offender" is an offender who:
(a) Has been convicted in this state of any felony considered a most serious offense; and
(b) Has, before the commission of the offense under (a) of this subsection, been convicted as an offender on at least two separate occasions, whether in this state or elsewhere, of felonies that under the laws of this state would be considered most serious offenses and would be included in the offender score under RCW 9.94A.360; provided that of the two or more previous convictions, at least one conviction must have occurred before the commission of any of the other most serious offenses for which the offender was previously convicted.
(26) "Postrelease supervision" is that portion of an offender's community placement that is not community custody.
(27) "Restitution" means the requirement that the offender pay a specific sum of money over a specific period of time to the court as payment of damages. The sum may include both public and private costs. The imposition of a restitution order does not preclude civil redress.
(28) "Serious traffic offense" means:
(a) Driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502), actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)); or
(b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would be classified as a serious traffic offense under (a) of this subsection.
(29) "Serious violent offense" is a subcategory of violent offense and means:
(a) Murder in the first degree, homicide by abuse, murder in the second degree, assault in the first degree, kidnapping in the first degree, or rape in the first degree, assault of a child in the first degree, or an attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious violent offense under (a) of this subsection.
(30) "Sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.
(31) "Sex offense" means:
(a) A felony that is a violation of chapter 9A.44 RCW or RCW 9A.64.020 or 9.68A.090 or that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes;
(b) A felony with a finding of sexual motivation under RCW 9.94A.127; or
(c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection.
(32) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.
(33) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW 72.64.050 and 72.64.060.
(34) "Transition training" means written and verbal instructions and assistance provided by the department to the offender during the two weeks prior to the offender's successful completion of the work ethic camp program. The transition training shall include instructions in the offender's requirements and obligations during the offender's period of community custody.
(35) "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.
(36) "Violent offense" 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, 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, robbery in the second degree, vehicular assault, and 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;
(b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and
(c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection.
(37) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of the community of not less than thirty-five hours per week that complies with RCW 9.94A.135. The civic improvement tasks shall have minimal negative impact on existing private industries or the labor force in the county where the service or labor is performed. The civic improvement tasks shall not affect employment opportunities for people with developmental disabilities contracted through sheltered workshops as defined in RCW 82.04.385. Only those offenders sentenced to a facility operated or utilized under contract by a county or the state are eligible to participate on a work crew. Offenders sentenced for a sex offense as defined in subsection (31) of this section are not eligible for the work crew program.
(38) "Work ethic camp" means an alternative incarceration program designed to reduce recidivism and lower the cost of corrections by requiring offenders to complete a comprehensive array of real-world job and vocational experiences, character-building work ethics training, life management skills development, substance abuse rehabilitation, counseling, literacy training, and basic adult education.
(39) "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school. Participation in work release shall be conditioned upon the offender attending work or school at regularly defined hours and abiding by the rules of the work release facility.
(40) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance. Home detention may not be imposed for offenders convicted of a violent offense, any sex offense, any drug offense, reckless burning in the first or second degree as defined in RCW 9A.48.040 or 9A.48.050, assault in the third degree as defined in RCW 9A.36.031, assault of a child in the third degree, unlawful imprisonment as defined in RCW 9A.40.040, or harassment as defined in RCW 9A.46.020. Home detention may be imposed for offenders convicted of possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403) if the offender fulfills the participation conditions set forth in this subsection and is monitored for drug use by treatment alternatives to street crime (TASC) or a comparable court or agency-referred program.
(a) Home detention may be imposed for offenders convicted of burglary in the second degree as defined in RCW 9A.52.030 or residential burglary conditioned upon the offender: (i) Successfully completing twenty-one days in a work release program, (ii) having no convictions for burglary in the second degree or residential burglary during the preceding two years and not more than two prior convictions for burglary or residential burglary, (iii) having no convictions for a violent felony offense during the preceding two years and not more than two prior convictions for a violent felony offense, (iv) having no prior charges of escape, and (v) fulfilling the other conditions of the home detention program.
(b) Participation in a home detention program shall be conditioned upon: (i) The offender obtaining or maintaining current employment or attending a regular course of school study at regularly defined hours, or the offender performing parental duties to offspring or minors normally in the custody of the offender, (ii) abiding by the rules of the home detention program, and (iii) compliance with court-ordered legal financial obligations. The home detention program may also be made available to offenders whose charges and convictions do not otherwise disqualify them if medical or health-related conditions, concerns or treatment would be better addressed under the home detention program, or where the health and welfare of the offender, other inmates, or staff would be jeopardized by the offender's incarceration. Participation in the home detention program for medical or health-related reasons is conditioned on the offender abiding by the rules of the home detention program and complying with court-ordered restitution."
Renumber the remaining sections consecutively and correct any internal references accordingly.
MOTION
Senator Sheldon moved that the following amendment be adopted:
On page 60, line 9 of the amendment, after "jurisdiction" insert ", unless the court, after a hearing at the request of either party, waives jurisdiction and returns the case to juvenile court"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Sheldon on page 60, line 9, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319.
The motion by Senator Sheldon failed and the amendment to the striking amendment was not adopted.
MOTION
Senator Ludwig moved that the following amendments by Senators Ludwig and Franklin to the striking amendment by Senators Talmadge and Gaspard be considered simultaneously and be adopted:
On page 60, beginning on line 27 of the amendment, strike all of sections 437 through 443
Renumber the sections consecutively and correct any internal references accordingly.
On page 139, beginning on line 21 of the amendment, strike all of section 514
Renumber the sections consecutively and correct any internal references accordingly.
On page 151, after line 6 of the amendment, insert the following:
"PART VII. JUVENILE JUSTICE PROVISIONS, EFFECTIVE JULY 1, 1994
NEW SECTION. Sec. 701. The legislature finds that the incidence of juvenile crime has escalated at an alarming rate, and that the state's juvenile rehabilitation system needs major adjustments in order to respond.
The current system lacks adequate bed space, adequate population forecasting, an effective sentencing scheme, an appropriate inmate classification system, and sufficient judicial discretion in sentencing young offenders.
These defects have often resulted in sentences that are driven by fiscal policy, and not by rehabilitative or punitive principles; and
Washington must develop a juvenile offender rehabilitation system that truly emphasizes public safety, offender responsibility, and offender rehabilitation.
Sec. 702. 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, juvenile justice advisory committees of county law and justice councils; 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)) community supervision 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, including juvenile justice advisory committees of county law and justice councils. 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.
Sec. 703. RCW 72.09.300 and 1993 sp.s. c 21 s 8 are each amended to read as follows:
(1) Every county legislative authority shall by resolution or ordinance establish a local law and justice council. The county legislative authority shall determine the size and composition of the council, which shall include the county sheriff and a representative of the municipal police departments within the county, the county prosecutor and a representative of the municipal prosecutors within the county, a representative of the city legislative authorities within the county, a representative of the county's superior, juvenile, district, and municipal courts, the county jail administrator, the county clerk, the county risk manager, and the secretary of corrections. Officials designated may appoint representatives.
(2) A combination of counties may establish a local law and justice council by intergovernmental agreement. The agreement shall comply with the requirements of this section.
(3) The local law and justice council shall develop a local law and justice plan for the county. The council shall design the elements and scope of the plan, subject to final approval by the county legislative authority. The general intent of the plan shall include seeking means to maximize local resources including personnel and facilities, reduce duplication of services, and share resources between local and state government in order to accomplish local efficiencies without diminishing effectiveness. The plan shall also include a section on jail management. This section may include the following elements:
(a) A description of current jail conditions, including whether the jail is overcrowded;
(b) A description of potential alternatives to incarceration;
(c) A description of current jail resources;
(d) A description of the jail population as it presently exists and how it is projected to change in the future;
(e) A description of projected future resource requirements;
(f) A proposed action plan, which shall include recommendations to maximize resources, maximize the use of intermediate sanctions, minimize overcrowding, avoid duplication of services, and effectively manage the jail and the offender population;
(g) A list of proposed advisory jail standards and methods to effect periodic quality assurance inspections of the jail;
(h) A proposed plan to collect, synthesize, and disseminate technical information concerning local criminal justice activities, facilities, and procedures;
(i) A description of existing and potential services for offenders including employment services, substance abuse treatment, mental health services, and housing referral services.
(4) The council may propose other elements of the plan, which shall be subject to review and approval by the county legislative authority, prior to their inclusion into the plan.
(5) The county legislative authority may request technical assistance in developing or implementing the plan from other units or agencies of state or local government, which shall include the department, the office of financial management, and the Washington association of sheriffs and police chiefs.
(6) Upon receiving a request for assistance from a county, the department may provide the requested assistance.
(7) The secretary may adopt rules for the submittal, review, and approval of all requests for assistance made to the department. The secretary may also appoint an advisory committee of local and state government officials to recommend policies and procedures relating to the state and local correctional systems and to assist the department in providing technical assistance to local governments. The committee shall include representatives of the county sheriffs, the police chiefs, the county prosecuting attorneys, the county and city legislative authorities, and the jail administrators. The secretary may contract with other state and local agencies and provide funding in order to provide the assistance requested by counties.
(8) The department shall establish a base level of state correctional services, which shall be determined and distributed in a consistent manner state-wide. The department's contributions to any local government, approved pursuant to this section, shall not operate to reduce this base level of services.
(9) The council shall establish an advisory committee on juvenile justice proportionality. The council shall appoint the county juvenile court administrator and at least five citizens as advisory committee members. The citizen advisory committee members shall be representative of the county's ethnic and geographic diversity. The advisory committee members shall serve two-year terms and may be reappointed. The duties of the advisory committee include:
(a) Monitoring and reporting to the juvenile disposition standards commission on the proportionality, effectiveness, and cultural relevance of:
(i) The rehabilitative goals required by juvenile offender dispositions;
(ii) The rehabilitative services offered by county and state institutions to juvenile offenders; and
(iii) The rehabilitative services offered in conjunction with diversions, deferred sentences, community supervision, and parole;
(b) Reviewing citizen complaints regarding bias or disproportionality in that county's juvenile justice system;
(c) By September 1 of each year, beginning with 1995, submit to the juvenile disposition standards commission a report summarizing the advisory committee's findings under (a) and (b) of this subsection.
NEW SECTION. Sec. 704. (1) The office of the administrator for the courts shall convene a work group to recommend to the legislature standards to guide the court's discretion at significant stages of the juvenile justice process. The work group shall consist of two juvenile court judges, two juvenile court administrators, two prosecuting attorneys or deputy prosecuting attorneys actively practicing in juvenile court, and two defense attorneys actively practicing in juvenile court. The work group shall, by September 1, 1994, recommend to the appropriate committees of the legislature standards to guide:
(a) The decision to defer adjudication;
(b) The decision to suspend a sentence;
(c) The setting of rehabilitative goals in a disposition order that includes commitment to the department of social and health services;
(d) The determination that a juvenile has or has not met the rehabilitative goals during the term of commitment to the department of social and health services; and
(e) The decision to set a date for a juvenile's release from the department of social and health services' custody.
(2) The office of the administrator for the courts shall convene a work group of at least five juvenile court administrators to establish a state-wide uniform process for conducting the predisposition evaluation required by section 803, chapter . . ., Laws of 1994 (section 803 of this act).
The work group shall, by January 1, 1995, provide to the office of the administrator for the courts a recommendation for a state-wide uniform evaluation process.
Sec. 705. 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 and an order granting a deferred adjudication pursuant to section 712 of this act. 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. As a mandatory condition of any term of community supervision, the court shall order the juvenile to refrain from committing new offenses. As a mandatory condition of community supervision, the court shall order the juvenile to comply with the mandatory school attendance provisions of chapter 28A.225 RCW and to inform the school of the existence of this requirement. 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)) community supervision officer as directed and to remain under the ((probation)) community supervision 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. Successfully completed deferred adjudications shall not be considered 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)) community supervision counselor who enters into a diversion agreement with an alleged youthful offender, or any other person, community accountability board, or other 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, community accountability board, or other entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter. For purposes of this subsection, "community accountability board" means a board comprised of members of the local community in which the juvenile offender resides. The superior court shall appoint the members. The boards shall consist of at least three and not more than seven members. If possible, the board should include a variety of representatives from the community, such as a law enforcement officer, teacher or school administrator, high school student, parent, and business owner, and should represent the cultural diversity of the local community;
(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 pursuant to RCW 13.40.110 or who is otherwise under adult court jurisdiction;
(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, would fail to promote the juvenile's best rehabilitative interest, 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; or
(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) "Placement out of the home" means placement for twenty-four hour residential care in foster or group care or with a court-approved custodian. Placement out of the home in county or state-funded placements is subject to available funds and beds;
(21) "Respondent" means a juvenile who is alleged or proven to have committed an offense;
(((21))) (22) "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))) (23) "Secretary" means the secretary of the department of social and health services;
(((23))) (24) "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))) (25) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;
(((25))) (26) "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))) (27) "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))) (28) "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. 706. RCW 13.40.025 and 1986 c 288 s 8 are each amended to read as follows:
(1) There is established a juvenile disposition standards commission to propose disposition standards to the legislature in accordance with RCW 13.40.030 and perform the other responsibilities set forth in this chapter.
(2) The commission shall be composed of the secretary or the secretary's designee and the following ((nine)) members appointed by the governor, subject to confirmation by the senate: (a) ((A)) Two superior court judges; (b) ((a)) two prosecuting ((attorney)) or deputy prosecuting attorneys; (c) a law enforcement officer; (d) an administrator of juvenile court services; (e) ((a)) two public defenders actively practicing in juvenile court; (f) a county legislative official or county executive; and (g) three other persons who have demonstrated significant interest in the adjudication and disposition of juvenile offenders. Additionally, the speaker of the house of representatives and the president of the senate shall each appoint two nonvoting members to the commission, one from each of the two largest caucuses in each house. In making the appointments, the governor shall seek the recommendations of the association of superior court judges in respect to the members who ((is a)) are superior court judges; of Washington prosecutors in respect to the prosecuting ((attorney)) or deputy prosecuting attorney members; of the Washington association of sheriffs and police chiefs in respect to the member who is a law enforcement officer; of juvenile court administrators in respect to the member who is a juvenile court administrator; and of the state bar association in respect to the public defender member; and of the Washington association of counties in respect to the member who is either a county legislative official or county executive.
(3) The ((secretary or the secretary's designee)) governor shall ((serve as chairman)) designate the chair of the commission, who shall be neither the secretary nor the secretary's designee.
(4) The secretary shall serve on the commission during the secretary's tenure as secretary of the department. The term of the remaining members of the commission shall be three years. The initial terms shall be determined by lot conducted at the commission's first meeting as follows: (a) Four members shall serve ((a two-year)) one-year terms; ((and)) (b) four members shall serve ((a three-year)) two-year term; and (c) six members shall serve three-year terms. In the event of a vacancy, the appointing authority shall designate a new member to complete the remainder of the unexpired term.
(5) Commission members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Members shall be compensated in accordance with RCW 43.03.240.
(6) The commission shall meet at least once every three months.
Sec. 707. RCW 13.40.027 and 1993 c 415 s 9 are each amended to read as follows:
(1) It is the responsibility of the commission to:
(a)(i) Evaluate the effectiveness of existing disposition standards and related statutes in implementing policies set forth in RCW 13.40.010 generally((,));
(ii) ((specifically)) Review ((the guidelines relating to the confinement of minor and first offenders as well as)) the use of diversion, ((and)) deferred adjudications, suspended confinement or commitment, and out of home placements;
(iii) Review the application of current and proposed juvenile sentencing standards and guidelines for potential adverse impacts on the sentencing outcomes of racial and ethnic minority youth; and
(iv) Evaluate the effectiveness of existing disposition standards in light of juvenile offenders' rehabilitative needs;
(b) Solicit the comments and suggestions of the juvenile justice community, including juvenile justice advisory committees of local law and justice councils, concerning disposition standards, effectiveness, and proportionality; ((and))
(c) Make recommendations to the legislature regarding revisions or modifications of the disposition standards ((in accordance with RCW 13.40.030));
(d) Implement a comprehensive tracking program to analyze recidivism among juvenile offenders, particularly among offenders who receive alternatives such as diversion, deferred adjudication, and suspended confinement or commitment. The commission shall include information and statistics about juvenile recidivism in the commission's annual report;
(e) If the commission identifies racial or other disproportionalities at any stage of administration of juvenile justice, identify the disproportionalities in the annual report and make recommendations for corrective measures; and
(f) Review the instances in which the court enters a finding pursuant to RCW 13.40.160(9) that the court has declined to exercise a disposition option due to lack of funds, services, or bed space. The commission shall document the number and circumstances of these findings in its annual report.
The evaluations shall be submitted to the legislature on December 1 of each ((even-numbered)) year ((thereafter)).
(2)(a) If sufficient funds are not provided for (b) of this subsection, it is the responsibility of the department to: (((a))) (i) Provide the commission with available data concerning the implementation of the disposition standards and related statutes and their effect on the performance of the department's responsibilities relating to juvenile offenders; (((b))) (ii) at the request of the commission, provide technical and administrative assistance to the commission in the performance of its responsibilities; and (((c))) (iii) provide the commission and legislature with recommendations for modification of the disposition standards.
(b) If sufficient funds are provided for this subsection (2)(b), the commission may use the staff, resources, and executive officer of the sentencing guidelines commission. The office of financial management may determine the number of additional staff needed to supplement the staff of the sentencing guidelines commission in order to provide the juvenile disposition standards commission with a research staff of sufficient size and with sufficient resources to accomplish its duties.
(3) The commission may request from the office of financial management, the administrator for the courts, local law and justice councils, and the department such data, information, and data processing assistance as it may need to accomplish its duties, and the services shall be provided without cost to the commission. The department and other organizations or individuals shall provide the commission and the legislature with recommendations for modification of the disposition standards. The commission shall have rule-making authority to develop a system for fulfilling its identified data needs.
(4) The commission shall conduct a study to determine the capacity of rehabilitative facilities and programs that are or will be available. While the commission need not consider the capacity in arriving at its recommendations, the commission shall project whether the implementation of its recommendations would result in exceeding the capacity.
(5) The commission shall adopt its own bylaws.
NEW SECTION. Sec. 708. The office of the administrator for the courts, in conjunction with the juvenile disposition standards commission and the juvenile justice advisory committees of local law and justice councils, shall prepare and provide to the legislature a report on the use of disposition options such as diversion, deferred adjudication, suspended confinement, and out-of-home placements, as provided in chapter . . ., Laws of 1994 (this act). This report shall be provided prior to the 1995 regular legislative session, and it shall contain statistical information and analysis of the use of these disposition options as of the date of the report.
Sec. 709. RCW 13.40.030 and 1989 c 407 s 3 are each amended to read as follows:
(((1)(a) The juvenile disposition standards commission shall recommend to the legislature no later than November 1st of each year disposition standards for all offenses. The standards shall establish, in accordance with the purposes of this chapter, ranges which may include terms of confinement and/or community supervision established on the basis of a youth's age, the instant offense, and the history and seriousness of previous offenses, but in no case may the period of confinement and supervision exceed that to which an adult may be subjected for the same offense(s). Standards recommended for offenders listed in RCW 13.40.020(1) shall include a range of confinement which may not be less than thirty days. No standard range may include a period of confinement which includes both more than thirty, and thirty or less, days. Disposition standards recommended by the commission shall provide that in all cases where a youth is sentenced to a term of confinement in excess of thirty days the department may impose an additional period of parole not to exceed eighteen months. Standards of confinement which may be proposed may relate only to the length of the proposed terms and not to the nature of the security to be imposed. In developing recommended disposition standards, the commission shall consider the capacity of the state juvenile facilities and the projected impact of the proposed standards on that capacity.
(b))) The secretary shall submit guidelines pertaining to the nature of the security to be imposed on youth placed in his or her custody based on the age, offense(s), and criminal history of the juvenile offender. Such guidelines shall be submitted to the appropriate committees of the legislature for its review no later than November 1st of each year. At the same time the secretary shall submit a report on security at juvenile facilities during the preceding year. The report shall include the number of escapes from each juvenile facility, the most serious offense for which each escapee had been confined, the number and nature of offenses found to have been committed by juveniles while on escape status, the number of authorized leaves granted, the number of failures to comply with leave requirements, the number and nature of offenses committed while on leave, and the number and nature of offenses committed by juveniles while in the community on minimum security status; to the extent this information is available to the secretary. The department shall include security status definitions in the security guidelines it submits to the legislature pursuant to this section.
(((2) In developing recommendations for the permissible ranges of confinement under this section the commission shall be subject to the following limitations:
(a) Where the maximum term in the range is ninety days or less, the minimum term in the range may be no less than fifty percent of the maximum term in the range;
(b) Where the maximum term in the range is greater than ninety days but not greater than one year, the minimum term in the range may be no less than seventy-five percent of the maximum term in the range; and
(c) Where the maximum term in the range is more than one year, the minimum term in the range may be no less than eighty percent of the maximum term in the range.))
Sec. 710. RCW 13.40.070 and 1992 c 205 s 107 are each amended to read as follows:
(1) Complaints referred to the juvenile court alleging the commission of an offense shall be referred directly to the prosecutor. The prosecutor, upon receipt of a complaint, shall screen the complaint to determine whether:
(a) The alleged facts bring the case within the jurisdiction of the court; and
(b) On a basis of available evidence there is probable cause to believe that the juvenile did commit the offense.
(2) If the identical alleged acts constitute an offense under both the law of this state and an ordinance of any city or county of this state, state law shall govern the prosecutor's screening and charging decision for both filed and diverted cases.
(3) If the requirements of subsections (1) (a) and (b) of this section are met, the prosecutor shall either file an information in juvenile court or divert the case, as set forth in subsections (5), (6), and (7) of this section. If the prosecutor finds that the requirements of subsection (1) (a) and (b) of this section are not met, the prosecutor shall maintain a record, for one year, of such decision and the reasons therefor. In lieu of filing an information or diverting an offense a prosecutor may file a motion to modify community supervision where such offense constitutes a violation of community supervision.
(4) An information shall be a plain, concise, and definite written statement of the essential facts constituting the offense charged. It shall be signed by the prosecuting attorney and conform to chapter 10.37 RCW.
(5) Where a case is legally sufficient, the prosecutor shall file an information with the juvenile court if:
(a) An alleged offender is accused of a class A felony, a class B felony, an attempt to commit a class B felony, a class C felony listed in RCW 9.94A.440(2) as a crime against persons or listed in RCW 9A.46.060 as a crime of harassment, or any other offense listed in RCW 13.40.020(1) (b) or (c); or
(b) An alleged offender is accused of a felony and has a criminal history of ((at least one class A or class B felony, or two class C felonies)) any felony, or at least two gross misdemeanors, or at least two misdemeanors ((and one additional misdemeanor or gross misdemeanor, or at least one class C felony and one misdemeanor or gross misdemeanor)); or
(c) An alleged offender has previously been committed to the department; or
(d) An alleged offender has been referred by a diversion unit for prosecution or desires prosecution instead of diversion; or
(e) An alleged offender has ((three)) two or more diversion((s)) contracts on the alleged offender's criminal history.
(6) Where a case is legally sufficient the prosecutor shall divert the case if the alleged offense is a misdemeanor or gross misdemeanor or violation and the alleged ((offense(s) in combination with the alleged offender's criminal history do not exceed two offenses or violations and do not include any felonies: PROVIDED, That)) offense is the offender's first offense or violation. If the alleged offender is charged with a related offense that must or may be filed under subsections (5) and (7) of this section, a case under this subsection may also be filed.
(7) Where a case is legally sufficient and falls into neither subsection (5) nor (6) of this section, it may be filed or diverted. In deciding whether to file or divert an offense under this section the prosecutor shall be guided only by the length, seriousness, and recency of the alleged offender's criminal history and the circumstances surrounding the commission of the alleged offense.
(8) Whenever a juvenile is placed in custody or, where not placed in custody, referred to a diversionary interview, the parent or legal guardian of the juvenile shall be notified as soon as possible concerning the allegation made against the juvenile and the current status of the juvenile. Where a case involves victims of crimes against persons or victims whose property has not been recovered at the time a juvenile is referred to a diversionary unit, the victim shall be notified of the referral and informed how to contact the unit.
(9) The responsibilities of the prosecutor under subsections (1) through (8) of this section may be performed by a juvenile court ((probation)) community supervision counselor for any complaint referred to the court alleging the commission of an offense which would not be a felony if committed by an adult, if the prosecutor has given sufficient written notice to the juvenile court that the prosecutor will not review such complaints.
(10) The prosecutor, juvenile court ((probation)) community supervision counselor, or diversion unit may, in exercising their authority under this section or RCW 13.40.080, refer juveniles to mediation or victim offender reconciliation programs. Such mediation or victim offender reconciliation programs shall be voluntary for victims.
Sec. 711. 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)) community supervision 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 one or more of the following:
(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; and
(e) Requirements to remain during specified hours at home, school, or work, and restrictions on leaving or entering specified geographical areas.
(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 the juvenile's custodial parent or parents or guardian and 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.
NEW SECTION. Sec. 712. A new section is added to chapter 13.40 RCW to read as follows:
(1) At any time before adjudication, the juvenile court has the power, after consulting the juvenile's custodial parent or parents or guardian and with the consent of the juvenile, to continue the case for a period not to exceed one year from the date of entry of the plea or finding of guilt. The court may continue the case for an additional one-year period for good cause.
(2) Any juvenile granted a deferral of adjudication under this section shall be placed under community supervision for up to one year. The court may impose any conditions of supervision that it deems appropriate. Payment of restitution, as provided in RCW 13.40.190 shall also be a condition of community supervision under this section.
(3) Upon full compliance with such conditions of supervision, the court shall dismiss the case with prejudice.
(4) If the juvenile fails to comply with the terms of supervision, the court shall enter an order of adjudication and proceed to disposition. The juvenile's lack of compliance shall be determined by the judge upon written motion by the prosecutor or the juvenile's juvenile court community supervision counselor. The state shall bear the burden to prove by a preponderance of the evidence that the juvenile has failed to comply with the terms of community supervision. (5) If the juvenile agrees to a deferral of adjudication, the juvenile shall waive all rights:
(a) To a speedy trial and disposition;
(b) To call and confront witnesses; and
(c) To a hearing on the record. The adjudicatory hearing shall be limited to a reading of the court's record.
(6)(a) In addition to imposing conditions of community supervision, the court may order that the juvenile be placed in a placement out of the home if the court finds that the child is in need of supervision and that placement of the child out of the home is in the child's best interests. The court shall consider the following factors, among others, when determining whether to place the child out of the home:
(i) The age of the youth;
(ii) Whether the child has a history of running away from home, school absences, drug or alcohol abuse, assaultive behavior, curfew violations, or is beyond the control of his or her parent to the extent that the child's behavior substantially endangers the health, safety, or welfare of the child or any other person;
(iii) The community supervision officer's report concerning the family environment;
(iv) Assessment of the child's chances of successfully complying with the terms of community supervision if the child remains in the home; and
(v) The wishes of the parents, the parent's willingness and ability to assist the child in complying with the terms of community supervision, and the parent's willingness and ability to voluntarily attend counseling or parenting seminars, or to seek treatment if the parent, in the court's determination, has drug or alcohol problems, mental health problems, or anger management problems.
(b) If the court finds that placement out of the home is necessary and is in the best interests of the juvenile and community and that reasonable efforts have been made to prevent out-of-home placement, the court shall order an out-of-home placement, subject to available funds and beds. The order shall be directed to the receiving agency or person. In determining the location of the out-of-home placement the court shall consider the needs of the juvenile, the juvenile's family, and the community. The court shall first consider placement with a relative and shall accord great weight to the juvenile's community supervision officer's placement recommendation.
(c) A placement out of the home shall not exceed one year. The court shall review the placement every ninety days. The juvenile's community supervision officer shall request from the receiving agency or person information on the placement, and the community supervision officer shall include this information and other relevant information in a report to be presented to the court at the placement review. The review shall be conducted administratively.
(d) The court shall enter findings articulating the basis for the placement and the basis for selecting the particular placement.
(e) If the receiving agency or person determines that the juvenile is inappropriately placed, the agency or person may file with the court a petition for reconsideration.
(f) Nothing in this section authorizes a juvenile court judge to place a juvenile in a state-funded out of home placement unless the department agrees to the placement.
(7) This section shall not apply if the juvenile is charged with a violent or sex offense or if the juvenile has had a prior deferred adjudication.
NEW SECTION. Sec. 713. State funds appropriated for the purposes of section 712 of this act in the 1994 supplemental operating budget do not constitute an on-going funding commitment of the state.
Sec. 714. 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 Weapon
(9.41.250) E
D Intimidating Another Person by use
of 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 16 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)) minor offenders. After the determination is made that a youth is a ((minor/first)) minor offender, the court has the discretion to select sentencing option A, B, or C.
((MINOR/FIRST)) MINOR 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
If the middle offender has less than 110 points, 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)). If the middle offender has more than 110 points, the court may impose a disposition under option A and may suspend the disposition on the condition that the offender serve up to thirty days of confinement and follow all conditions of community supervision. If the offender fails to comply with the terms of community supervision, the court may impose sanctions pursuant to RCW 13.40.200 or may revoke the suspended disposition and order execution of the disposition. If the court imposes confinement under this option B, the court shall state either aggravating or mitigating factors set forth in RCW 13.40.150.
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. 715. 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 subsection (5) 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 subsection (5) 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 subsection (5) 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 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)).
(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, 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)) community supervision counselor, and the court, and shall not change providers without court approval after a hearing if the prosecutor or ((probation)) community supervision counselor object to the change;
(iii) Remain within prescribed geographical boundaries and notify the court or the ((probation)) community supervision counselor prior to any change in the offender's address, educational program, or employment;
(iv) Report to the prosecutor and the ((probation)) community supervision 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)) community supervision 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)) disposition or the court may impose a penalty of up to thirty days' confinement for violating conditions of the disposition. The court may order both execution of the disposition and up to thirty days' confinement for the violation of the conditions of the disposition, in which case the term of confinement imposed for violating conditions of the disposition shall run consecutively to the term of confinement imposed under the disposition. 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) 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) Except as provided for in subsection (5) of this section, section 712 of this act, and RCW 13.40.0357, the court shall not suspend or defer the imposition or the execution of the disposition.
(8) 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.
(9) If a court does not exercise a disposition option available under this chapter due to a lack of available funds, services, or bed space, the court shall enter a finding in the disposition that an alternative disposition was not ordered due to the lack of available funds, services, or bed space.
Sec. 716. RCW 13.40.180 and 1981 c 299 s 14 are each amended to read as follows:
Where a disposition is imposed on a youth for two or more offenses, the terms shall run consecutively((, subject to the following limitations:
(1) Where the offenses were committed through a single act or omission, omission, or through an act or omission which in itself constituted one of the offenses and also was an element of the other, the aggregate of all the terms shall not exceed one hundred fifty percent of the term imposed for the most serious offense;
(2) The aggregate of all consecutive terms shall not exceed three hundred percent of the term imposed for the most serious offense; and
(3) The aggregate of all consecutive terms of community supervision shall not exceed two years in length, or require payment of more than two hundred dollars in fines or the performance of more than two hundred hours of community service)) or concurrently in the court's discretion.
Sec. 717. 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 and may require his or her parents, guardians, or custodians 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. 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. The court may not require the respondent or parent, guardian, or custodian to pay full or partial restitution if the respondent or parent, guardian, or custodian 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. 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. 718. RCW 13.40.200 and 1986 c 288 s 5 are each amended to read as follows:
(1) When a respondent fails to comply with an order of restitution, community supervision, penalty assessments, or confinement of less than thirty days, the court upon motion of the prosecutor or its own motion, may modify the order after a hearing on the violation.
(2) The hearing shall afford the respondent the same due process of law as would be afforded an adult probationer. The court may issue a summons or a warrant to compel the respondent's appearance. The state shall have the burden of proving by a preponderance of the evidence the fact of the violation. The respondent shall have the burden of showing that the violation was not a wilful refusal to comply with the terms of the order. If a respondent has failed to pay a fine, penalty assessments, or restitution or to perform community service hours, as required by the court, it shall be the respondent's burden to show that he or she did not have the means and could not reasonably have acquired the means to pay the fine, penalty assessments, or restitution or perform community service.
(3)(a) If the court finds that a respondent has wilfully violated the terms of an order pursuant to subsections (1) and (2) of this section, it may impose a penalty of up to thirty days' confinement or other conditions of community supervision the court considers appropriate. If the court finds that the juvenile has violated the terms of a community supervision order by committing a new offense, the court may impose thirty days' confinement as a penalty for the violation. This term of confinement may be in addition to any term of confinement imposed as a disposition for the new offense. Penalties for multiple violations occurring prior to the hearing shall not be aggregated to exceed thirty days' confinement. Regardless of the number of times a respondent is brought to court for violations of the terms of a single disposition order, the combined total number of days spent by the respondent in detention shall never exceed the maximum term to which an adult could be sentenced for the underlying offense.
(b) If the violation of the terms of the order under (a) of this subsection is failure to pay fines, penalty assessments, complete community service, or make restitution, the term of confinement imposed under (a) of this subsection shall be assessed at a rate of one day of confinement for each twenty-five dollars or eight hours owed.
(4) If a respondent has been ordered to pay a fine or monetary penalty and due to a change of circumstance cannot reasonably comply with the order, the court, upon motion of the respondent, may order that the unpaid fine or monetary penalty be converted to community service. The number of hours of community service in lieu of a monetary penalty or fine shall be converted at the rate of the prevailing state minimum wage per hour. The monetary penalties or fines collected shall be deposited in the county general fund. A failure to comply with an order under this subsection shall be deemed a failure to comply with an order of community supervision and may be proceeded against as provided in this section.
Sec. 719. RCW 13.40.230 and 1981 c 299 s 16 are each amended to read as follows:
(1) Dispositions reviewed pursuant to RCW 13.40.160((, as now or hereafter amended,)) shall be reviewed in the appropriate division of the court of appeals.
An appeal under this section shall be heard solely upon the record that was before the disposition court. No written briefs may be required, and the appeal shall be heard within thirty days following the date of sentencing and a decision rendered within fifteen days following the argument. The supreme court shall promulgate any necessary rules to effectuate the purposes of this section.
(2) To uphold a disposition outside the standard range, or which imposes confinement for a minor ((or first)) offender, the court of appeals must find (a) that the reasons supplied by the disposition judge are supported by the record which was before the judge and that those reasons clearly and convincingly support the conclusion that a disposition within the range, or nonconfinement for a minor ((or first)) offender, would constitute a manifest injustice, and (b) that the sentence imposed was neither clearly excessive nor clearly too lenient.
(3) If the court does not find subsection (2)(a) of this section it shall remand the case for disposition within the standard range or for community supervision without confinement as would otherwise be appropriate pursuant to this chapter.
(4) If the court finds subsection (2)(a) but not subsection (2)(b) of this section it shall remand the case with instructions for further proceedings consistent with the provisions of this chapter.
(5) Pending appeal, a respondent may not be committed or detained for a period of time in excess of the standard range for the offense(s) committed or sixty days, whichever is longer. The disposition court may impose conditions on release pending appeal as provided in RCW 13.40.040(4) and 13.40.050(6). Upon the expiration of the period of commitment or detention specified in this subsection, the court may also impose such conditions on the respondent's release pending disposition of the appeal.
(6) Appeal of a disposition under this section does not affect the finality or appeal of the underlying adjudication of guilt.
PART VIII. JUVENILE JUSTICE PROVISIONS, EFFECTIVE JULY 1, 1995
NEW SECTION. Sec. 801. The legislature finds that the juvenile justice act of 1977, chapter 13.40 RCW, requires substantial revision. The legislature reaffirms the goals of the act, including the dual goals of punishment and rehabilitation of juvenile offenders. The legislature finds, however, that the substantive provisions of the act are too structured to achieve fully the act's goals.
The framework created by the act has diminishing relevance to today's violent and chronic offenders. Juveniles are committing increasingly violent crimes, and they are committing these violent crimes at an increasingly younger age. Simultaneously, juveniles habitually commit minor offenses. Dispositions prescribed by the act are not long enough to permit substantial rehabilitation of violent offenders, and minor offenders receive no meaningful intervention. The fixed system established by the act restricts the judiciary's efforts to tailor punishment and rehabilitation to the juvenile's individual needs. Additionally, substantial delays occur before the juvenile offender is held accountable for criminal acts.
Juvenile offenders must learn personal accountability and must accept responsibility for their criminal behavior. To this end, the juvenile system must provide a swift response, meaningful punishment, and effective rehabilitation. Therefore, sections 801 through 809 of this act seek to accomplish the following goals: (1) Increasing the speed of the juvenile justice system's response to juvenile offenders' criminal behavior; (2) increasing the certainty of punishment and intervention; (3) increasing judicial discretion and permitting judges to tailor dispositions to the juvenile's offense; (4) expanding the range of disposition alternatives to permit meaningful punishment and effective rehabilitation; (5) increasing the likelihood that juveniles will comply with the terms of their dispositions by creating compliance incentives and, if necessary, placing the juveniles in supportive out-of-home placements; and (6) reducing the complexity of the system.
The legislature intends chapter . . ., Laws of 1994 (this act) to substantially reform the manner in which juvenile offenders are held accountable for their actions. The legislature further intends the early intervention provisions of chapter . . ., Laws of 1994 (this act) to address the underlying problems that lead juvenile offenders toward a criminal career. Chapter . . ., Laws of 1994 (this act) provides a policy foundation that forms the first steps toward reforming the juvenile justice system. The legislature recognizes the need, however, for continued study in the 1995 regular legislative session of the new policies and disposition options created by chapter . . ., Laws of 1994 (this act). To this end, the legislature finds that prior to the 1995 regular legislative session it will require briefing on the use and effect of the new policies and disposition options of chapter . . ., Laws of 1994 (this act), so that it may continue to refine chapter . . ., Laws of 1994 (this act), if necessary.
Sec. 802. 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))) (2) "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the department and an order granting a deferred adjudication pursuant to section 712 of this act. 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. As a mandatory condition of any term of community supervision, the court shall order the juvenile to refrain from committing new offenses. As a mandatory condition of community supervision, the court shall order the juvenile to comply with the mandatory school attendance provisions of chapter 28A.225 RCW and to inform the school of the existence of this requirement. 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))) (3) 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))) (4) "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))) (5) "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)) community supervision officer as directed and to remain under the ((probation)) community supervision officer's supervision; and other conditions or limitations as the court may require which may not include confinement;
(((7))) (6) "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))) (7) "Court", when used without further qualification, means the juvenile court judge(s) or commissioner(s);
(((9))) (8) "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. Successfully completed deferred adjudications shall not be considered part of the respondent's criminal history;
(((10))) (9) "Department" means the department of social and health services;
(((11))) (10) "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))) (11) "Diversion unit" means any ((probation)) community supervision counselor who enters into a diversion agreement with an alleged youthful offender, or any other person, community accountability board, or other 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, community accountability board, or other entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter. For purposes of this subsection, "community accountability board" means a board comprised of members of the local community in which the juvenile offender resides. The superior court shall appoint the members. The boards shall consist of at least three and not more than seven members. If possible, the board should include a variety of representatives from the community, such as a law enforcement officer, teacher or school administrator, high school student, parent, and business owner, and should represent the cultural diversity of the local community;
(((13))) (12) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;
(((14))) (13) "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 pursuant to RCW 13.40.110 or who is otherwise under adult court jurisdiction;
(((15))) (14) "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))) (15) "Manifest injustice" means a disposition that would either impose an excessive penalty on the juvenile, would fail to promote the juvenile's best rehabilitative interest, 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))) (16) "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))) (17) "Placement out of the home" means placement for twenty-four hour residential care in foster or group care, or with a court-approved custodian. Placement out of the home in county or state-funded placements is subject to available funds and beds;
(18) "Respondent" means a juvenile who is alleged or proven to have committed an offense;
(((21))) (19) "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))) (20) "Secretary" means the secretary of the department of social and health services;
(((23))) (21) "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))) (22) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;
(((25))) (23) "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))) (24) "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))) (25) "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. 803. RCW 13.40.150 and 1992 c 205 s 109 are each amended to read as follows:
(1) In disposition hearings all relevant and material evidence, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value, even though such evidence may not be admissible in a hearing on the information. The youth or the youth's counsel and the prosecuting attorney shall be afforded an opportunity to examine and controvert written reports so received and to cross-examine individuals making reports when such individuals are reasonably available, but sources of confidential information need not be disclosed. The prosecutor and counsel for the juvenile may submit recommendations for disposition.
(2) For purposes of disposition:
(a) ((Violations which are current offenses count as misdemeanors)) Prior to disposition, the county shall conduct a predisposition evaluation of the juvenile and shall prepare a report of the evaluation. The county shall provide this report to the court. The evaluation shall include an assessment of the juvenile's rehabilitative needs including but not limited to the juvenile's needs for treatment, therapy, and education. The evaluation shall also include a preliminary assessment of the security risks posed by the juvenile;
(b) Violations may not count as part of the offender's criminal history;
(c) In no event may a disposition for a violation include confinement.
(3) Before entering a dispositional order as to a respondent found to have committed an offense, the court shall hold a disposition hearing, at which the court shall:
(a) Consider the facts supporting the allegations of criminal conduct by the respondent;
(b) Consider information and arguments offered by parties and their counsel;
(c) Consider any predisposition reports;
(d) Consult with the respondent's parent, guardian, or custodian on the appropriateness of dispositional options under consideration and afford the respondent and the respondent's parent, guardian, or custodian an opportunity to speak in the respondent's behalf;
(e) Allow the victim or a representative of the victim and an investigative law enforcement officer to speak;
(f) Determine the amount of restitution owing to the victim, if any;
(g) ((Determine whether the respondent is a serious offender, a middle offender, or a minor or first offender)) Consider the types of treatment, therapy, education, and other rehabilitative services that would be most effective at rehabilitating the offender;
(h) Consider whether or not any of the following mitigating factors exist:
(i) The respondent's conduct neither caused nor threatened serious bodily injury or the respondent did not contemplate that his or her conduct would cause or threaten serious bodily injury;
(ii) The respondent acted under strong and immediate provocation;
(iii) The respondent was suffering from a mental or physical condition that significantly reduced his or her culpability for the offense though failing to establish a defense;
(iv) Prior to his or her detection, the respondent compensated or made a good faith attempt to compensate the victim for the injury or loss sustained; and
(v) There has been at least one year between the respondent's current offense and any prior criminal offense;
(i) Consider whether or not any of the following aggravating factors exist:
(i) In the commission of the offense, or in flight therefrom, the respondent inflicted or attempted to inflict serious bodily injury to another;
(ii) The offense was committed in an especially heinous, cruel, or depraved manner;
(iii) The victim or victims were particularly vulnerable;
(iv) The respondent has a recent criminal history or has failed to comply with conditions of a recent dispositional order or diversion agreement;
(v) The current offense included a finding of sexual motivation pursuant to RCW 9.94A.127;
(vi) The respondent was the leader of a criminal enterprise involving several persons; and
(vii) There are other complaints which have resulted in diversion or a finding or plea of guilty but which are not included as criminal history.
(4) The following factors may not be considered in determining the punishment to be imposed:
(a) The sex of the respondent;
(b) The race or color of the respondent or the respondent's family;
(c) The creed or religion of the respondent or the respondent's family;
(d) The economic or social class of the respondent or the respondent's family; and
(e) Factors indicating that the respondent may be or is a dependent child within the meaning of this chapter.
(5) A court may not commit a juvenile to a state institution solely because of the lack of facilities, including treatment facilities, existing in the community.
Sec. 804. 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 subsection (5) 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 subsection (5) 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 subsection (5) 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 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.
(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))) The court may impose a disposition as provided in this section for any juvenile adjudicated for an offense.
(2) The court shall consider various factors, including but not limited to the following, when determining a disposition:
(a) The juvenile's age and maturity;
(b) The juvenile's criminal history and the recency of that criminal history;
(c) Whether the juvenile has had prior deferrals of adjudications;
(d) Whether the juvenile complied with the terms of the disposition imposed for prior offenses;
(e) The seriousness of the offense;
(f) Whether the juvenile's adjudication resulted from accomplice liability; and
(g) Whether any aggravating or mitigating factors apply.
(3)(a) For a juvenile adjudicated for a misdemeanor or a gross misdemeanor, the court shall impose a disposition comprised of any of the following:
0 - 12 Months of community supervision;
0 - 150 Hours of community service;
0 - $100 Fine;
0 - 30 Days in confinement if the juvenile has prior criminal history or a prior deferred adjudication.
(b) The court shall not commit a juvenile adjudicated of a misdemeanor or gross misdemeanor to the department unless the court enters a finding that a disposition under (a) of this subsection would effectuate a manifest injustice.
(4)(a) For a juvenile adjudicated of a class C or B felony that is not: A violent offense, a crime against persons as defined in RCW 9.94A.440(2), or a crime of harassment as defined in RCW 9A.46.060, the court shall impose a disposition comprised of any of the following:
0 - 12 Months of community supervision;
0 - 150 Hours of community service;
0 - $100 Fine;
5 - 60 days of confinement or commitment to the department.
(b) The court shall not commit a juvenile adjudicated under this subsection (4) to the department for more than sixty days unless (i) the court enters a finding that a disposition under (a) of this subsection would effectuate a manifest injustice; or (ii) the juvenile has a significant criminal history that would support a finding of an aggravating factor under RCW 13.40.150(3) if the criminal history was more recent.
(c) The court may suspend all or a portion of any term of confinement or commitment imposed under this subsection (4). In addition to the suspended confinement or commitment, the court shall impose community supervision, community service, or a fine as provided in (a) of this subsection.
(5)(a) For a juvenile adjudicated of a class C or B felony that is a crime against persons or a crime of harassment but is not a violent offense, the court shall impose a disposition comprised of the following:
0 - 12 Months community supervision;
0 - 150 Hours community service;
0 - $100 Fine;
5 Days to 129 weeks in confinement or commitment to the department.
(b) The court shall not commit a juvenile adjudicated under this subsection (5) to the department in excess of one hundred twenty-nine weeks unless the court enters a finding that a disposition under this subsection (5) would effect a manifest injustice. The basis for the manifest injustice must be a basis other than the offender's criminal history as described in RCW 13.40.150(3)(i)(iv).
(c) The court may suspend all or a portion of any term of confinement or commitment imposed under this subsection (5). In addition to the suspended confinement or commitment, the court shall impose community supervision, community service, or a fine as provided in (a)(i) of this subsection.
(6)(a) If a juvenile is adjudicated of a class A felony, an attempt to commit a class A felony, or a sex or violent offense, the court shall impose a disposition of the following:
52 - 224 Weeks committed to the department.
(b) The court shall not impose a disposition under this subsection (6) outside the standard range unless the court finds that imposition of the standard range would effectuate a manifest injustice.
(c) If the juvenile is adjudicated of a sex offense, other than a sex offense that is also a serious violent offense as defined by RCW 9.94A.030, the court need not impose a disposition under this subsection (6). The court may instead order a treatment disposition option under subsection (11) of this section.
(d) When a court adjudicates a juvenile of a sex offense, the court shall impose a disposition as provided in this subsection (6), as modified by this subsection (6)(d), unless the court orders a disposition under subsection (11) of this section. In addition to the term of commitment imposed under this subsection (6), the court shall impose a term of postrelease supervision not to exceed five years. The department shall provide the postrelease supervision. If the juvenile receives treatment while committed, the court, as a condition of postrelease supervision, may order the juvenile to continue with a particular treatment program for all or a portion of the term of postrelease supervision. The department may recommend to the sentencing court whether the option of continuing treatment is appropriate. Upon the recommendation of the department, the court may either reduce the term of postrelease supervision or impose additional or more restrictive terms of postrelease supervision. The postrelease supervision required by this section shall be in addition to any term of parole imposed by the department.
(7) In all cases, the court shall impose a determinate disposition.
(8) 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 determinate disposition outside the standard range. If the court imposes a disposition below the standard range due to a manifest injustice, the disposition shall be comprised of community supervision or confinement, or both. The court's finding of manifest injustice shall be supported by clear and convincing evidence. A disposition outside the standard range shall be appealable under RCW 13.40.230, by the state or respondent. A disposition within the standard range is not appealable.
(9) In all cases, the court shall enter an order for restitution, if any is due to the victim, according to RCW 13.40.190.
(10) In all disposition orders that include commitment to the department, the court shall make a finding of reasonable rehabilitative goals to be achieved by the juvenile during the commitment term. These goals may include, by way of example and not limitation, completion of substance abuse treatment, completion of anger management courses, and achievement of academic, educational, or vocational goals, such as grade-level reading or GED completion.
(11) When ((a serious, middle, or minor first)) an 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, 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)) community supervision counselor, and the court, and shall not change providers without court approval after a hearing if the prosecutor or ((probation)) community supervision counselor object to the change;
(iii) Remain within prescribed geographical boundaries and notify the court or the ((probation)) community supervision counselor prior to any change in the offender's address, educational program, or employment;
(iv) Report to the prosecutor and the ((probation)) community supervision 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)) community supervision 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))) (11), 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))) (11) 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)) disposition or the court may impose a penalty of up to thirty days' confinement for violating conditions of the disposition. The court may order both execution of the disposition and up to thirty days' confinement for the violation of the conditions of the disposition, in which case the term of confinement imposed for violating conditions of the disposition shall run consecutively to the term of confinement imposed under the disposition. 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))) (12) 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) 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))) (13) 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.
(14) Whenever a dispositional order requires a juvenile to participate in a treatment program, the court may require the juvenile's parents, guardians, or custodians to participate in the treatment program with the juvenile.
(15) If a court does not exercise a disposition option available under this chapter due to a lack of available funds, services, or bed space, the court shall enter a finding in the disposition that an alternative disposition was not ordered due to the lack of available funds, services, or bed space.
Sec. 805. RCW 13.40.180 and 1981 c 299 s 14 are each amended to read as follows:
Unless otherwise provided in this chapter, where a disposition is imposed on a youth for two or more offenses, the terms shall run consecutively((, subject to the following limitations:
(1) Where the offenses were committed through a single act or omission, omission, or through an act or omission which in itself constituted one of the offenses and also was an element of the other, the aggregate of all the terms shall not exceed one hundred fifty percent of the term imposed for the most serious offense;
(2) The aggregate of all consecutive terms shall not exceed three hundred percent of the term imposed for the most serious offense; and
(3) The aggregate of all consecutive terms of community supervision shall not exceed two years in length, or require payment of more than two hundred dollars in fines or the performance of more than two hundred hours of community service)) or concurrently in the court's discretion.
Sec. 806. RCW 13.40.205 and 1990 c 3 s 103 are each amended to read as follows:
(1) A juvenile sentenced to a term of confinement to be served under the supervision of the department shall not be released from the physical custody of the department prior to the release date established under RCW 13.40.210 except as otherwise provided in this section.
(2) A juvenile serving a term of confinement under the supervision of the department may be released on authorized leave from the physical custody of the department only if consistent with public safety and if:
(a) Sixty percent of the ((minimum)) term of confinement has been served; and
(b) The purpose of the leave is to enable the juvenile:
(i) To visit the juvenile's family for the purpose of strengthening or preserving family relationships;
(ii) To make plans for parole or release which require the juvenile's personal appearance in the community and which will facilitate the juvenile's reintegration into the community; or
(iii) To make plans for a residential placement out of the juvenile's home which requires the juvenile's personal appearance in the community.
(3) No authorized leave may exceed seven consecutive days. The total of all pre-minimum term authorized leaves granted to a juvenile prior to final discharge from confinement shall not exceed thirty days.
(4) Prior to authorizing a leave, the secretary shall require a written leave plan, which shall detail the purpose of the leave and how it is to be achieved, the address at which the juvenile shall reside, the identity of the person responsible for supervising the juvenile during the leave, and a statement by such person acknowledging familiarity with the leave plan and agreeing to supervise the juvenile and to notify the secretary immediately if the juvenile violates any terms or conditions of the leave. The leave plan shall include such terms and conditions as the secretary deems appropriate and shall be signed by the juvenile.
(5) Upon authorizing a leave, the secretary shall issue to the juvenile an authorized leave order which shall contain the name of the juvenile, the fact that the juvenile is on leave from a designated facility, the time period of the leave, and the identity of an appropriate official of the department to contact when necessary. The authorized leave order shall be carried by the juvenile at all times while on leave.
(6) Prior to the commencement of any authorized leave, the secretary shall give notice of the leave to the appropriate law enforcement agency in the jurisdiction in which the juvenile will reside during the leave period. The notice shall include the identity of the juvenile, the time period of the leave, the residence of the juvenile during the leave, and the identity of the person responsible for supervising the juvenile during the leave.
(7) The secretary may authorize a leave, which shall not exceed forty-eight hours plus travel time, to meet an emergency situation such as a death or critical illness of a member of the juvenile's family. The secretary may authorize a leave, which shall not exceed the period of time medically necessary, to obtain medical care not available in a juvenile facility maintained by the department. In cases of emergency or medical leave the secretary may waive all or any portions of subsections (2)(a), (3), (4), (5), and (6) of this section.
(8) If requested by the juvenile's victim or the victim's immediate family, the secretary shall give notice of any leave to the victim or the victim's immediate family.
(9) A juvenile who violates any condition of an authorized leave plan may be taken into custody and returned to the department in the same manner as an adult in identical circumstances.
(10) Notwithstanding the provisions of this section, a juvenile placed in minimum security status may participate in work, educational, community service, or treatment programs in the community up to twelve hours a day if approved by the secretary. Such a release shall not be deemed a leave of absence.
(11) Subsections (6), (7), and (8) of this section do not apply to juveniles covered by RCW 13.40.215.
Sec. 807. 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 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.)) (a) When a juvenile is committed to a term of confinement in a state institution, the secretary shall review the sentencing court's finding of the rehabilitative goals to be achieved by the juvenile during the term of confinement. The department shall provide rehabilitative resources, including but not limited to education, vocational training, substance abuse treatment, and counseling, to permit the juvenile to achieve these rehabilitative goals.
(b) After expiration of no more than sixty percent of the juvenile's commitment term, the department shall provide a report containing an evaluation of the juvenile's behavior and performance during commitment. This report shall specifically describe the juvenile's progress toward achieving the designated rehabilitative goals.
(c) The department shall provide this report to the committing court. The court, after considering the department's report, shall determine a release or discharge date for the juvenile, which date shall fall on or before expiration of the original term of commitment. If the court sets a release date prior to expiration of the original term, the court may suspend the remainder of the term.
(d) Nothing in this section entitles a juvenile to release prior to the expiration of the term of confinement imposed by the court.
(e) The department shall establish by rule standards of good behavior, good performance, and progress toward rehabilitative goals.
(f) After the court determines a release date, 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)). 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)) time of release if any such early releases have occurred ((during that year)) as a result of excessive in-residence population. In no event shall ((a serious)) an offender((, as defined in RCW 13.40.020(1))) adjudicated of a violent offense be granted release under the provisions of this subsection.
(3) Following the juvenile's release pursuant to 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 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))). As a mandatory condition of any term of parole, the secretary shall require the juvenile to refrain from committing new offenses. As a mandatory condition of parole, the secretary shall order the juvenile to comply with the mandatory school attendance provisions of chapter 28A.225 RCW and to inform the school of the existence of this requirement. After termination of the parole period, the juvenile shall be discharged from the department's supervision.
(4) 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) Continued supervision under the same conditions previously imposed; (b) intensified supervision with increased reporting requirements; (c) additional conditions of supervision authorized by this chapter; (d) except as provided in (e) 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) 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; and (f) if the secretary determines that the juvenile has violated parole by committing a new offense, the secretary may order the imposition of thirty days' confinement as a penalty for the violation. This period of confinement may be in addition to any confinement imposed as a disposition for the new offense.
(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 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. 808. RCW 13.40.230 and 1981 c 299 s 16 are each amended to read as follows:
(1) Dispositions reviewed pursuant to RCW 13.40.160((, as now or hereafter amended,)) shall be reviewed in the appropriate division of the court of appeals.
An appeal under this section shall be heard solely upon the record that was before the disposition court. No written briefs may be required, and the appeal shall be heard within thirty days following the date of sentencing and a decision rendered within fifteen days following the argument. The supreme court shall promulgate any necessary rules to effectuate the purposes of this section.
(2) To uphold a disposition outside the standard range, ((or which imposes confinement for a minor or first offender,)) the court of appeals must find (a) that the reasons supplied by the disposition judge are supported by the record which was before the judge and that those reasons clearly and convincingly support the conclusion that a disposition within the range((, or nonconfinement for a minor or first offender,)) would constitute a manifest injustice, and (b) that the sentence imposed was neither clearly excessive nor clearly too lenient.
(3) If the court does not find subsection (2)(a) of this section it shall remand the case for disposition within the standard range or for community supervision without confinement as would otherwise be appropriate pursuant to this chapter.
(4) If the court finds subsection (2)(a) but not subsection (2)(b) of this section it shall remand the case with instructions for further proceedings consistent with the provisions of this chapter.
(5) Pending appeal, a respondent may not be committed or detained for a period of time in excess of the standard range for the offense(s) committed or sixty days, whichever is longer. The disposition court may impose conditions on release pending appeal as provided in RCW 13.40.040(4) and 13.40.050(6). Upon the expiration of the period of commitment or detention specified in this subsection, the court may also impose such conditions on the respondent's release pending disposition of the appeal.
(6) Appeal of a disposition under this section does not affect the finality or appeal of the underlying adjudication of guilt.
NEW SECTION. Sec. 809. The following acts or parts of acts are each repealed:
(1) RCW 13.40.0354 and 1989 c 407 s 6; and
(2) RCW 13.40.0357 and 1994 c . . . s 714 (section 714 of this act) & 1989 c 407 s 7.
NEW SECTION. Sec. 901. 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. 902. (1) Sections 701 through 719 of this act shall take effect July 1, 1994.
(2) Sections 801 through 809 of this act shall take effect July 1, 1995.
NEW SECTION. Sec. 903. Sections 705, 715, 716, and 719 of this act shall expire July 1, 1995.
NEW SECTION. Sec. 904. (1) Sections 701 through 719 of this act shall apply to offenses committed on or after July 1, 1994.
(2) Sections 801 through 809 of this act shall apply to offenses committed on or after July 1, 1995."
Renumber the parts and sections consecutively and correct the table of contents and any internal references accordingly.
Debate ensued.
POINT OF INQUIRY
Senator Roach: "Senator Talmadge, how many beds in a juvenile facility do you suppose that the six point five million dollars that we want to spend on the Wash-Pan would buy?"
Senator Talmadge: "Senator, probably about thirty-two."
Senator Roach: "Thank you."
Senator Talmadge: "Which doesn't really get up to the number that this bill impacts."
Further debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Ludwig and Franklin on page 60, beginning on line 27; page 139, beginning on line 21; and page 151, after line 6; to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319.
The motion by Senator Ludwig failed and the amendments to the striking amendment were not adopted on a rising vote.
MOTION
Senator Nelson moved that the following amendment by Senators Nelson, Amondson, Roach, McDonald, Linda Smith, Schow and Anderson to the striking amendment by Senators Talmadge and Gaspard be adopted:
On page 73, after line 11 of the amendment, strike all material through "15-30" on page 74, line 30, and insert the following:
"((1-9 0-3 months and/or 0-8 and/or 0-$10
10-19 0-3)) 1-19 0-12 months and/or 0-8 and/or 0-$10 and/or 0
20-29 ((0-3)) 0-12 months and/or 0-16 and/or 0-$10 and/or 0
30-39 ((0-3)) 0-12 months and/or 8-24 and/or 0-$25 and/or 0-10
40-49 ((3-6)) 3-12 months and/or 16-32 and/or 0-$25 and/or 0-10
50-59 ((3-6)) 3-12 months and/or 24-40 and/or 0-$25 and/or 0-10
60-69 ((6-9)) 6-12 months and/or 32-48 and/or 0-$50 and/or 10-20
70-79 ((6-9)) 6-12 months and/or 40-55 and/or 0-$50 and/or 10-20
80-89 9-12 months and/or 48-64 and/or 10-$100 and/or 10-20
90-109 9-12 months and/or 56-72 and/or 10-$100 and/or 20-30
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)) 1-19 0-12 months and/or 0-8 and/or 0-$10 and/or 0
20-29 ((0-3)) 0-12 months and/or 0-16 and/or 0-$10 and/or 0
30-39 ((0-3)) 0-12 months and/or 8-24 and/or 0-$25 and/or ((2-4))
2-10
40-49 ((3-6)) 3-12 months and/or 16-32 and/or 0-$25 and/or ((2-4))
2-10
50-59 ((3-6)) 3-12 months and/or 24-40 and/or 0-$25 and/or 5-10
60-69 ((6-9)) 6-12 months and/or 32-48 and/or 0-$50 and/or ((5-10))
10-20
70-79 ((6-9)) 6-12 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))
20-30"
Debate ensued.
Senator Nelson demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senators Nelson, Amondson, Roach, McDonald, Linda Smith, Schow and Anderson on page 73, after line 11, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319.
ROLL CALL
The Secretary called the roll and the amendment to the striking amendment was not adopted by the following vote: Yeas, 21; Nays, 27; Absent, 1; Excused, 0.
Voting yea: Senators Amondson, Anderson, Cantu, Deccio, Erwin, Franklin, Hochstatter, McCaslin, McDonald, Morton, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Schow, Sellar, Smith, L., West and Winsley - 21.
Voting nay: Senators Bauer, Drew, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 27.
Absent: Senator Bluechel - 1.
MOTION
Senator Roach moved that the following amendment by Senators Roach, Hochstatter and Linda Smith to the striking amendment by Senators Talmadge and Gaspard be adopted:
On page 114, line 2 of the amendment, after "sentence." insert "An offender who has been convicted of a felony committed after the effective date of this section that involves any deadly weapon enhancements under RCW 9.94A.310 (3) and/or (4) shall not receive any good time credits or earned early release time for that portion of his or her sentence that results from any deadly weapon enhancements."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Roach, Hochstatter and Linda Smith on page 114, line 2, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319.
The motion by Senator Roach failed and the amendment to the striking amendment was not adopted.
MOTION
Senator Nelson moved that the following amendment by Senators Nelson, Roach, Amondson, Linda Smith, Anderson, McDonald and Schow to the striking amendment by Senators Talmadge and Gaspard be adopted:
On page 121, after line 7 of the amendment, insert the following:
"NEW SECTION. Sec. 469. A new section is added to chapter 9.94A RCW to read as follows:
(1)(a) It is the intent of the legislature that the youthful offender system established under this section benefit the state by providing as a sentencing option for certain youthful offenders a controlled and regimented environment that affirms dignity of self and others, promotes the value of work and self-discipline, and develops useful skills and abilities through enriched programming.
(b) It is the further intent of the legislature in enacting this section that female and male offenders for whom charges have been directly filed in the superior court and who have been convicted in the superior court receive equitable treatment in sentencing, particularly in regard to the option of being sentenced to the youthful offender system under RCW 9.94A.120. Accordingly, it is the legislature's intent that necessary measures be taken by the department of corrections to establish separate housing for female and male offenders who are sentenced to the youthful offender system without compromising the equitable treatment of either.
(2)(a)(i) A juvenile may be sentenced to the youthful offender system created under this section under the circumstances set forth in RCW 9.94A.120. In order to sentence a person to the youthful offender system, the court shall first impose on the person a sentence to the department of corrections in accordance with RCW 9.94A.120. The court shall thereafter suspend the sentence conditioned on completion of a sentence to the youthful offender system, including a period of community supervision. The court shall impose a sentence to the youthful offender system for a determinate period of at least one year and less than five years and a mandatory period of community supervision for a period of one year. Upon the successful completion of the programs in the youthful offender system, including the mandatory period of supervision, the sentence to the department of corrections is completed. When a person is returned to the superior court for revocation under subsection (5) of this section, the court shall impose the original sentence following the revocation of the sentence to the youthful offender system. The revocation must be in accordance with section 474 of this act.
(ii) During a period of incarceration under the youthful offender system, privileges including, but not limited to, televisions, radios, entertainment systems, cigarettes, and access to snacks is not available for a youthful offender unless the privileges have been earned under a merit system.
(b) RCW 9.94A.150(1), concerning earned early release time credits, does not apply to a person sentenced to the youthful offender system.
(3)(a) The department of corrections shall develop and implement a youthful offender system for offenders sentenced under subsection (2) of this section. The secretary of corrections shall direct and control the youthful offender system. The youthful offender system must be based on the following principles:
(i) The system must provide for teaching offenders self-discipline by providing clear consequences for inappropriate behavior;
(ii) The system must include a daily regimen that involves offenders in physical training, self-discipline exercises, educational and work programs, and meaningful interaction, with a component for a tiered system for swift and strict discipline for noncompliance;
(iii) The system must use staff models and mentors to promote within an offender the development of socially accepted attitudes and behaviors;
(iv) The system must provide offenders with instruction on problem-solving skills and must incorporate methods to reinforce the use of cognitive behavior strategies that change offenders' orientation toward criminal thinking and behavior;
(v) The system must promote among offenders the creation and development of new group cultures that result in the application of positive peer influence that promotes behavioral change; and
(vi) The system must provide offenders the opportunity to gradually reenter the community while demonstrating the capacity for self-discipline and the attainment of respect for the community.
(b) The secretary of corrections shall have final approval on the hiring and transferring of staff for the youthful offender system. In staffing the youthful offender system, the secretary of corrections shall select persons who are trained in the treatment of juveniles or will be trained in the treatment of juveniles before working with the juveniles, are trained to act as role models and mentors under (a)(iii) of this subsection, and are best equipped to enable the youthful offender system to meet the principles specified in (a) of this subsection. The secretary of corrections shall make a recommendation to the department of personnel regarding the classification of positions with the youthful offender system, taking into account the level of education and training required for the positions.
(4) The youthful offender system must provide for community supervision that must consist of highly structured surveillance and monitoring and educational and treatment programs. The department of corrections' adult community supervision staff shall administer community supervision. However, revocation of supervision is subject to subsections (2) and (5) of this section.
(5)(a) The department of corrections shall implement a procedure for the transfer of an offender to another facility for vocational or training services or if an offender in the system poses a danger to the offender's self or others, has been convicted of a class A felony, and has attained the age of eighteen years. Except as otherwise provided in (c) of this subsection, the indeterminate sentence review board shall review a transfer determination by the department of corrections before the actual transfer of an inmate.
(b) An offender who is mentally ill or developmentally disabled may be transferred to another facility.
(c) The department of corrections shall implement a procedure for returning offenders who cannot successfully complete the sentence to the youthful offender system to the superior court for the imposition of the original sentence.
(6) The department of corrections shall determine the number of offenders in a program element under the youthful offender system within available appropriations.
(7) The department of corrections may and is encouraged to contract with a private or public entity for the provision of services and facilities under the youthful offender system. The contracting for the facilities must not delay the availability of necessary required space.
(8) By January 1, 1995, the department of corrections shall develop and the department of corrections shall implement a process for monitoring and evaluating the youthful offender system. In implementing the system, the department of corrections may contract with a private agency for assistance.
(9)(a) By January 1, 1995, the department of corrections shall submit a report to the legislature concerning the youthful offender system that includes but is not limited to the following:
(i) The specific content and structure of the programs for offenders in the youthful offender system, including staffing ratios for each program, a description of the daily routine of offenders that includes the amount of offenders' time that is allocated to each program, and an explanation of how the programs are related to the principles described in subsection (3) of this section;
(ii) The process used for transition to community supervision, whether offenders may be returned to the original environment for the community supervision period, the specific means of community supervision, and the specific educational and treatment programs provided to offenders during their community supervision period;
(iii) The procedure for transferring an offender to another facility for vocational or training services or when an offender poses a danger to the offender's self or others, and identification of the facilities used for these purposes; and
(iv) The specific criteria and procedures for determining successful completion of the programs in the youthful offender system, for determining whether an offender cannot successfully complete the sentence, and for revocation of community supervision.
(b) By January 1, 1995, the department of corrections shall submit a report to the legislature concerning the number of offenders entering the youthful offender system and a profile of the typical offender entering the system, including an analysis of the criminal and demographic backgrounds of the offenders, and update the committee quarterly.
(c) The department of social and health services division of juvenile rehabilitation shall independently monitor and evaluate the youthful offender system addressing the criteria described in (a) of this subsection.
(10) A prosecuting attorney in the state shall maintain records regarding juveniles who are sentenced to the youthful offender system. The records must indicate which juveniles have been filed on as adults or are sentenced to the system and the offenses committed by the juveniles.
(11) The legislature recognizes that the increased number of violent juvenile crimes is a problem faced by all the states of this nation. By creating the youthful offender system, the state of Washington stands at the forefront of the states in creating a new approach to solving the problem of violent juvenile offenders. The legislature also declares that the cost of implementing and operating the youthful offender system will create a burden on the state's limited resources. Accordingly, the legislature directs the department of corrections to seek out and accept available federal, state, and local public funds, including project demonstration funds, and private moneys and private systems for the purpose of conducting the youthful offender system.
Sec. 470. RCW 9.94A.120 and 1994 c 1 s 2 (Initiative Measure No. 593) and 1993 c 31 s 3 are each reenacted and amended to read as follows:
When a person is convicted of a felony, the court shall impose punishment as provided in this section.
(1) Except as authorized in subsections (2), (((4),)) (5), (6), and (((7))) (8) of this section, the court shall impose a sentence within the sentence range for the offense.
(2) The court may impose a sentence outside the standard sentence range for that offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.
(3) Whenever a sentence outside the standard range is imposed, the court shall set forth the reasons for its decision in written findings of fact and conclusions of law. A sentence outside the standard range shall be a determinate sentence.
(4) An offender under the age of eighteen who is no longer under juvenile jurisdiction shall be sentenced as follows:
(a) As an adult under subsections (5) through (19) of this section; or
(b) To the youthful offender system in the department in accordance with section 469 of this act if the offender is younger than eighteen years of age. However, the offender shall be ineligible for sentencing to the youthful offender system if the offender received a prior sentence to the department or to the youthful offender system.
(5) A persistent offender shall be sentenced to a term of total confinement for life without the possibility of parole or, when authorized by RCW 10.95.030 for the crime of aggravated murder in the first degree, sentenced to death, notwithstanding the maximum sentence under any other law. An offender convicted of the crime of murder in the first degree shall be sentenced to a term of total confinement not less than twenty years. An offender convicted of the crime of assault in the first degree or assault of a child in the first degree where the offender used force or means likely to result in death or intended to kill the victim shall be sentenced to a term of total confinement not less than five years. An offender convicted of the crime of rape in the first degree shall be sentenced to a term of total confinement not less than five years. The foregoing minimum terms of total confinement are mandatory and shall not be varied or modified as provided in subsection (2) of this section. In addition, all offenders subject to the provisions of this subsection shall not be eligible for community custody, earned early release time, furlough, home detention, partial confinement, work crew, work release, or any other form of early release as defined under RCW 9.94A.150 (1), (2), (3), (5), (7), or (8), or any other form of authorized leave of absence from the correctional facility while not in the direct custody of a corrections officer or officers during such minimum terms of total confinement except in the case of an offender in need of emergency medical treatment or for the purpose of commitment to an inpatient treatment facility in the case of an offender convicted of the crime of rape in the first degree.
(((5))) (6) In sentencing a first-time offender the court may waive the imposition of a sentence within the sentence range and impose a sentence which may include up to ninety days of confinement in a facility operated or utilized under contract by the county and a requirement that the offender refrain from committing new offenses. The sentence may also include up to two years of community supervision, which, in addition to crime-related prohibitions, may include requirements that the offender perform any one or more of the following:
(a) Devote time to a specific employment or occupation;
(b) Undergo available outpatient treatment for up to two years, or inpatient treatment not to exceed the standard range of confinement for that offense;
(c) Pursue a prescribed, secular course of study or vocational training;
(d) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;
(e) Report as directed to the court and a community corrections officer; or
(f) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030 and/or perform community service work.
(((6))) (7) If a sentence range has not been established for the defendant's crime, the court shall impose a determinate sentence which may include not more than one year of confinement, community service work, a term of community supervision not to exceed one year, and/or other legal financial obligations. The court may impose a sentence which provides more than one year of confinement if the court finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.
(((7))) (8)(a)(i) When an offender is convicted of a sex offense other than a violation of RCW 9A.44.050 or a sex offense that is also a serious violent offense and has no prior convictions for a sex offense or any other felony sex offenses in this or any other state, the sentencing court, on its own motion or the motion of the state or the defendant, may order an examination to determine whether the defendant is amenable to treatment.
The report of the examination shall include at a minimum the following: The defendant's version of the facts and the official version of the facts, the defendant's offense history, an assessment of problems in addition to alleged deviant behaviors, the offender's social 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 defendant's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:
(A) Frequency and type of contact between offender and therapist;
(B) Specific issues to be addressed in the treatment and description of planned treatment modalities;
(C) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members and others;
(D) Anticipated length of treatment; and
(E) 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.
(ii) After receipt of the reports, the court shall consider whether the offender and the community will benefit from use of this special sexual offender sentencing alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this subsection. If the court determines that this special sex offender sentencing alternative is appropriate, the court shall then impose a sentence within the sentence range. If this sentence is less than eight years of confinement, the court may suspend the execution of the sentence and impose the following conditions of suspension:
(A) The court shall place the defendant on community supervision for the length of the suspended sentence or three years, whichever is greater; and
(B) The court shall order treatment for any period up to three years in duration. The court in its discretion shall order outpatient sex offender treatment or inpatient sex offender treatment, if available. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The offender shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the community corrections officer, and the court, and shall not change providers without court approval after a hearing if the prosecutor or community corrections officer object to the change. In addition, as conditions of the suspended sentence, the court may impose other sentence conditions including up to six months of confinement, not to exceed the sentence range of confinement for that offense, crime-related prohibitions, and requirements that the offender perform any one or more of the following:
(I) Devote time to a specific employment or occupation;
(II) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;
(III) Report as directed to the court and a community corrections officer;
(IV) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030, perform community service work, or any combination thereof; or
(V) Make recoupment to the victim for the cost of any counseling required as a result of the offender's crime.
(iii) The sex offender therapist shall submit quarterly reports on the defendant's progress in treatment to the court and the parties. The report shall reference the treatment plan and include at a minimum the following: Dates of attendance, defendant's compliance with requirements, treatment activities, the defendant's relative progress in treatment, and any other material as specified by the court at sentencing.
(iv) At the time of sentencing, the court shall set a treatment termination hearing for three months prior to the anticipated date for completion of treatment. Prior to the treatment termination hearing, the treatment professional and community corrections officer shall submit written reports to the court and parties regarding the defendant's compliance with treatment and monitoring requirements, and recommendations regarding termination from treatment, including proposed community supervision conditions. Either party may request and the court may order another evaluation regarding the advisability of termination from treatment. The defendant shall pay the cost of any additional evaluation ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost. At the treatment termination hearing the court may: (A) Modify conditions of community supervision, and either (B) terminate treatment, or (C) extend treatment for up to the remaining period of community supervision.
(v) The court may revoke the suspended sentence at any time during the period of community supervision and order execution of the sentence if: (A) The defendant violates the conditions of the suspended sentence, or (B) the court finds that the defendant is failing to make satisfactory progress in treatment. All confinement time served during the period of community supervision shall be credited to the offender if the suspended sentence is revoked.
(vi) Except as provided in (a)(vii) of this subsection, 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.
(vii) A sex offender therapist who examines or treats a sex offender pursuant to this subsection (7) 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 (7) and the rules adopted by the department of health.
For purposes of this subsection, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a result of the crime charged. "Victim" also means a parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.
(b) When an offender is convicted of any felony sex offense committed before July 1, 1987, and is sentenced to a term of confinement of more than one year but less than six years, the sentencing court may, on its own motion or on the motion of the offender or the state, order the offender committed for up to thirty days to the custody of the secretary of social and health services for evaluation and report to the court on the offender's amenability to treatment at these facilities. If the secretary of social and health services cannot begin the evaluation within thirty days of the court's order of commitment, the offender shall be transferred to the state for confinement pending an opportunity to be evaluated at the appropriate facility. The court shall review the reports and may order that the term of confinement imposed be served in the sexual offender treatment program at the location determined by the secretary of social and health services or the secretary's designee, only if the report indicates that the offender is amenable to the treatment program provided at these facilities. The offender shall be transferred to the state pending placement in the treatment program. Any offender who has escaped from the treatment program shall be referred back to the sentencing court.
If the offender does not comply with the conditions of the treatment program, the secretary of social and health services may refer the matter to the sentencing court. The sentencing court shall commit the offender to the department of corrections to serve the balance of the term of confinement.
If the offender successfully completes the treatment program before the expiration of the term of confinement, the court may convert the balance of confinement to community supervision and may place conditions on the offender including crime-related prohibitions and requirements that the offender perform any one or more of the following:
(i) Devote time to a specific employment or occupation;
(ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;
(iii) Report as directed to the court and a community corrections officer;
(iv) Undergo available outpatient treatment.
If the offender violates any of the terms of community supervision, the court may order the offender to serve out the balance of the community supervision term in confinement in the custody of the department of corrections.
After June 30, 1993, this subsection (b) shall cease to have effect.
(c) When an offender commits any felony sex offense on or after July 1, 1987, and is sentenced to a term of confinement of more than one year but less than six years, the sentencing court may, on its own motion or on the motion of the offender or the state, request the department of corrections to evaluate whether the offender is amenable to treatment and the department may place the offender in a treatment program within a correctional facility operated by the department.
Except for an offender who has been convicted of a violation of RCW 9A.44.040 or 9A.44.050, if the offender completes the treatment program before the expiration of his or her term of confinement, the department of corrections may request the court to convert the balance of confinement to community supervision and to place conditions on the offender including crime-related prohibitions and requirements that the offender perform any one or more of the following:
(i) Devote time to a specific employment or occupation;
(ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;
(iii) Report as directed to the court and a community corrections officer;
(iv) Undergo available outpatient treatment.
If the offender violates any of the terms of his or her community supervision, the court may order the offender to serve out the balance of his or her community supervision term in confinement in the custody of the department of corrections.
Nothing in (c) of this subsection shall confer eligibility for such programs for offenders convicted and sentenced for a sex offense committed prior to July 1, 1987. This subsection (c) does not apply to any crime committed after July 1, 1990.
(d) Offenders convicted and sentenced for a sex offense committed prior to July 1, 1987, may, subject to available funds, request an evaluation by the department of corrections to determine whether they are amenable to treatment. If the offender is determined to be amenable to treatment, the offender may request placement in a treatment program within a correctional facility operated by the department. Placement in such treatment program is subject to available funds.
(((8))) (9)(a) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense or a serious violent offense committed after July 1, 1988, but before July 1, 1990, 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, committed on or after July 1, 1988, the court shall in addition to the other terms of the sentence, sentence the offender to a one-year term of community placement beginning either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of such community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence.
(b) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense or serious violent offense committed on or after July 1, 1990, the court shall in addition to other terms of the sentence, sentence the offender to community placement for two years or up to the period of earned early release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community placement shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of the community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence. Unless a condition is waived by the court, the terms of community placement for offenders sentenced pursuant to this section shall include the following conditions:
(i) The offender shall report to and be available for contact with the assigned community corrections officer as directed;
(ii) The offender shall work at department of corrections-approved education, employment, and/or community service;
(iii) The offender shall not consume controlled substances except pursuant to lawfully issued prescriptions;
(iv) An offender in community custody shall not unlawfully possess controlled substances;
(v) The offender shall pay supervision fees as determined by the department of corrections; and
(vi) The residence location and living arrangements are subject to the prior approval of the department of corrections during the period of community placement.
(c) The court may also order any of the following special conditions:
(i) The offender shall remain within, or outside of, a specified geographical boundary;
(ii) The offender shall not have direct or indirect contact with the victim of the crime or a specified class of individuals;
(iii) The offender shall participate in crime-related treatment or counseling services;
(iv) The offender shall not consume alcohol; or
(v) The offender shall comply with any crime-related prohibitions.
(d) Prior to transfer to, or during, community placement, any conditions of community placement may be removed or modified so as not to be more restrictive by the sentencing court, upon recommendation of the department of corrections.
(((9))) (10) If the court imposes a sentence requiring confinement of thirty days or less, the court may, in its discretion, specify that the sentence be served on consecutive or intermittent days. A sentence requiring more than thirty days of confinement shall be served on consecutive days. Local jail administrators may schedule court-ordered intermittent sentences as space permits.
(((10))) (11) If a sentence imposed includes payment of a legal financial obligation, the sentence shall specify the total amount of the legal financial obligation owed, and shall require the offender to pay a specified monthly sum toward that legal financial obligation. Restitution to victims shall be paid prior to any other payments of monetary obligations. Any legal financial obligation that is imposed by the court may be collected by the department, which shall deliver the amount paid to the county clerk for credit. The offender's compliance with payment of legal financial obligations shall be supervised by the department. All monetary payments ordered shall be paid no later than ten years after the last date of release from confinement pursuant to a felony conviction or the date the sentence was entered. Independent of the department, the party or entity to whom the legal financial obligation is owed shall have the authority to utilize any other remedies available to the party or entity to collect the legal financial obligation. Nothing in this section makes the department, the state, or any of its employees, agents, or other persons acting on their behalf liable under any circumstances for the payment of these legal financial obligations. If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order.
(((11))) (12) Except as provided under RCW 9.94A.140(1) and 9.94A.142(1), a court may not impose a sentence providing for a term of confinement or community supervision or community placement which exceeds the statutory maximum for the crime as provided in chapter 9A.20 RCW.
(((12))) (13) All offenders sentenced to terms involving community supervision, community service, community placement, or legal financial obligation shall be under the supervision of the secretary of the department of corrections or such person as the secretary may designate and shall follow explicitly the instructions of the secretary including reporting as directed to a community corrections officer, remaining within prescribed geographical boundaries, notifying the community corrections officer of any change in the offender's address or employment, and paying the supervision fee assessment. The department may require offenders to pay for special services rendered on or after July 25, 1993, including electronic monitoring, day reporting, and telephone reporting, dependent upon the offender's ability to pay. The department may pay for these services for offenders who are not able to pay.
(((13))) (14) All offenders sentenced to terms involving community supervision, community service, or community placement under the supervision of the department of corrections shall not own, use, or possess firearms or ammunition. Offenders who own, use, or are found to be in actual or constructive possession of firearms or ammunition shall be subject to the appropriate violation process and sanctions. "Constructive possession" as used in this subsection means the power and intent to control the firearm or ammunition. "Firearm" as used in this subsection means a weapon or device from which a projectile may be fired by an explosive such as gunpowder.
(((14))) (15) The sentencing court shall give the offender credit for all confinement time served before the sentencing if that confinement was solely in regard to the offense for which the offender is being sentenced.
(((15))) (16) A departure from the standards in RCW 9.94A.400 (1) and (2) governing whether sentences are to be served consecutively or concurrently is an exceptional sentence subject to the limitations in subsections (2) and (3) of this section, and may be appealed by the defendant or the state as set forth in RCW 9.94A.210 (2) through (6).
(((16))) (17) The court shall order restitution whenever the offender is convicted of a felony that results in injury to any person or damage to or loss of property, whether the offender is sentenced to confinement or placed under community supervision, unless extraordinary circumstances exist that make restitution inappropriate in the court's judgment. The court shall set forth the extraordinary circumstances in the record if it does not order restitution.
(((17))) (18) As a part of any sentence, the court may impose and enforce an order that relates directly to the circumstances of the crime for which the offender has been convicted, prohibiting the offender from having any contact with other specified individuals or a specific class of individuals for a period not to exceed the maximum allowable sentence for the crime, regardless of the expiration of the offender's term of community supervision or community placement.
(((18))) (19) In any sentence of partial confinement, the court may require the defendant to serve the partial confinement in work release, in a program of home detention, on work crew, or in a combined program of work crew and home detention.
(((19))) (20) All court-ordered legal financial obligations collected by the department and remitted to the county clerk shall be credited and paid where restitution is ordered. Restitution shall be paid prior to any other payments of monetary obligations.
Sec. 471. RCW 9.94A.030 and 1994 c 1 s 3 (Initiative Measure No. 593), 1993 c 338 s 2, 1993 c 251 s 4, and 1993 c 164 s 1 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) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department of corrections, means that the department is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account.
(2) "Commission" means the sentencing guidelines commission.
(3) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.
(4) "Community custody" means that portion of an inmate's sentence of confinement in lieu of earned early release time served in the community subject to controls placed on the inmate's movement and activities by the department of corrections.
(5) "Community placement" means that period during which the offender is subject to the conditions of community custody and/or postrelease supervision, which begins either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned early release. Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two.
(6) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender.
(7) "Community supervision" means a period of time during which a convicted offender is subject to crime-related prohibitions and other sentence conditions imposed by a court pursuant to this chapter or RCW 46.61.524. For first-time offenders, the supervision may include crime-related prohibitions and other conditions imposed pursuant to RCW 9.94A.120(((5)))(6). For purposes of the interstate compact for out-of-state supervision of parolees and probationers, RCW 9.95.270, community supervision is the functional equivalent of probation and should be considered the same as probation by other states.
(8) "Confinement" means total or partial confinement as defined in this section.
(9) "Conviction" means an adjudication of guilt pursuant to Titles 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.
(10) "Court-ordered legal financial obligation" means a sum of money that is ordered by a superior court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony conviction. Upon conviction for vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial obligations may also include payment to a public agency of the expense of an emergency response to the incident resulting in the conviction, subject to the provisions in RCW 38.52.430.
(11) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct.
(12)(a) "Criminal history" means the list of a defendant's prior convictions, whether in this state, in federal court, or elsewhere. The history shall include, where known, for each conviction (i) whether the defendant has been placed on probation and the length and terms thereof; and (ii) whether the defendant has been incarcerated and the length of incarceration.
(b) "Criminal history" shall always include juvenile convictions for sex offenses and shall also include a defendant's other prior convictions in juvenile court if: (i) The conviction was for an offense which is a felony or a serious traffic offense and is criminal history as defined in RCW 13.40.020(((6)(a))); (ii) the defendant was fifteen years of age or older at the time the offense was committed; and (iii) with respect to prior juvenile class B and C felonies or serious traffic offenses, the defendant was less than twenty-three years of age at the time the offense for which he or she is being sentenced was committed.
(13) "Department" means the department of corrections.
(14) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community supervision, the number of actual hours or days of community service work, or dollars or terms of a legal financial obligation. The fact that an offender through "earned early release" can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence.
(15) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of any amount required by law to be withheld. For the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.
(16) "Drug offense" means:
(a) Any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403);
(b) Any offense defined as a felony under federal law that relates to the possession, manufacture, distribution, or transportation of a controlled substance; or
(c) Any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under (a) of this subsection.
(17) "Escape" means:
(a) Escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), willful failure to return from furlough (RCW 72.66.060), willful failure to return from work release (RCW 72.65.070), or willful failure to be available for supervision by the department while in community custody (RCW 72.09.310); or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as an escape under (a) of this subsection.
(18) "Felony traffic offense" means:
(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding a police officer (RCW 46.61.024), or felony hit-and-run injury-accident (RCW 46.52.020(4)); or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a felony traffic offense under (a) of this subsection.
(19) "Fines" means the requirement that the offender pay a specific sum of money over a specific period of time to the court.
(20)(a) "First-time offender" means any person who is convicted of a felony (i) not classified as a violent offense or a sex offense under this chapter, or (ii) that is not 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 the selling for profit of any controlled substance or counterfeit substance classified in schedule I, RCW 69.50.204, except leaves and flowering tops of marihuana, and except as provided in (b) of this subsection, who previously has never been convicted of a felony in this state, federal court, or another state, and who has never participated in a program of deferred prosecution for a felony offense.
(b) For purposes of (a) of this subsection, a juvenile adjudication for an offense committed before the age of fifteen years is not a previous felony conviction except for adjudications of sex offenses.
(21) "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 felony defined under any law as a class A felony or criminal solicitation of or criminal conspiracy to commit a class A felony;
(b) Assault in the second degree;
(c) Assault of a child in the second degree;
(d) Child molestation in the second degree;
(e) Controlled substance homicide;
(f) Extortion in the first degree;
(g) Incest when committed against a child under age fourteen;
(h) Indecent liberties;
(i) Kidnapping in the second degree;
(j) Leading organized crime;
(k) Manslaughter in the first degree;
(l) Manslaughter in the second degree;
(m) Promoting prostitution in the first degree;
(n) Rape in the third degree;
(o) Robbery in the second degree;
(p) Sexual exploitation;
(q) Vehicular assault;
(r) 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;
(s) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under this section;
(t) Any other felony with a deadly weapon verdict under RCW 9.94A.125;
(u) Any felony offense in effect at any time prior to December 2, 1993, that is comparable to a most serious offense under this subsection, 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 under this subsection.
(22) "Nonviolent offense" means an offense which is not a violent offense.
(23) "Offender" means a person who has committed a felony established by state law and is eighteen years of age or older or is less than eighteen years of age but whose case has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110. Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.
(24) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention or work crew has been ordered by the court, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community. Partial confinement includes work release, home detention, work crew, and a combination of work crew and home detention as defined in this section.
(25) "Persistent offender" is an offender who:
(a) Has been convicted in this state of any felony considered a most serious offense; and
(b) Has, before the commission of the offense under (a) of this subsection, been convicted as an offender on at least two separate occasions, whether in this state or elsewhere, of felonies that under the laws of this state would be considered most serious offenses and would be included in the offender score under RCW 9.94A.360; provided that of the two or more previous convictions, at least one conviction must have occurred before the commission of any of the other most serious offenses for which the offender was previously convicted.
(26) "Postrelease supervision" is that portion of an offender's community placement that is not community custody.
(27) "Restitution" means the requirement that the offender pay a specific sum of money over a specific period of time to the court as payment of damages. The sum may include both public and private costs. The imposition of a restitution order does not preclude civil redress.
(28) "Serious traffic offense" means:
(a) Driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502), actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)); or
(b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would be classified as a serious traffic offense under (a) of this subsection.
(29) "Serious violent offense" is a subcategory of violent offense and means:
(a) Murder in the first degree, homicide by abuse, murder in the second degree, assault in the first degree, kidnapping in the first degree, or rape in the first degree, assault of a child in the first degree, or an attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious violent offense under (a) of this subsection.
(30) "Sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.
(31) "Sex offense" means:
(a) A felony that is a violation of chapter 9A.44 RCW or RCW 9A.64.020 or 9.68A.090 or that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes;
(b) A felony with a finding of sexual motivation under RCW 9.94A.127; or
(c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection.
(32) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.
(33) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW 72.64.050 and 72.64.060.
(34) "Transition training" means written and verbal instructions and assistance provided by the department to the offender during the two weeks prior to the offender's successful completion of the work ethic camp program. The transition training shall include instructions in the offender's requirements and obligations during the offender's period of community custody.
(35) "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.
(36) "Violent offense" 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, 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, robbery in the second degree, vehicular assault, and 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;
(b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and
(c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection.
(37) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of the community of not less than thirty-five hours per week that complies with RCW 9.94A.135. The civic improvement tasks shall have minimal negative impact on existing private industries or the labor force in the county where the service or labor is performed. The civic improvement tasks shall not affect employment opportunities for people with developmental disabilities contracted through sheltered workshops as defined in RCW 82.04.385. Only those offenders sentenced to a facility operated or utilized under contract by a county or the state are eligible to participate on a work crew. Offenders sentenced for a sex offense as defined in subsection (31) of this section are not eligible for the work crew program.
(38) "Work ethic camp" means an alternative incarceration program designed to reduce recidivism and lower the cost of corrections by requiring offenders to complete a comprehensive array of real-world job and vocational experiences, character-building work ethics training, life management skills development, substance abuse rehabilitation, counseling, literacy training, and basic adult education.
(39) "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school. Participation in work release shall be conditioned upon the offender attending work or school at regularly defined hours and abiding by the rules of the work release facility.
(40) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance. Home detention may not be imposed for offenders convicted of a violent offense, any sex offense, any drug offense, reckless burning in the first or second degree as defined in RCW 9A.48.040 or 9A.48.050, assault in the third degree as defined in RCW 9A.36.031, assault of a child in the third degree, unlawful imprisonment as defined in RCW 9A.40.040, or harassment as defined in RCW 9A.46.020. Home detention may be imposed for offenders convicted of possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403) if the offender fulfills the participation conditions set forth in this subsection and is monitored for drug use by treatment alternatives to street crime (TASC) or a comparable court or agency-referred program.
(a) Home detention may be imposed for offenders convicted of burglary in the second degree as defined in RCW 9A.52.030 or residential burglary conditioned upon the offender: (i) Successfully completing twenty-one days in a work release program, (ii) having no convictions for burglary in the second degree or residential burglary during the preceding two years and not more than two prior convictions for burglary or residential burglary, (iii) having no convictions for a violent felony offense during the preceding two years and not more than two prior convictions for a violent felony offense, (iv) having no prior charges of escape, and (v) fulfilling the other conditions of the home detention program.
(b) Participation in a home detention program shall be conditioned upon: (i) The offender obtaining or maintaining current employment or attending a regular course of school study at regularly defined hours, or the offender performing parental duties to offspring or minors normally in the custody of the offender, (ii) abiding by the rules of the home detention program, and (iii) compliance with court-ordered legal financial obligations. The home detention program may also be made available to offenders whose charges and convictions do not otherwise disqualify them if medical or health-related conditions, concerns or treatment would be better addressed under the home detention program, or where the health and welfare of the offender, other inmates, or staff would be jeopardized by the offender's incarceration. Participation in the home detention program for medical or health-related reasons is conditioned on the offender abiding by the rules of the home detention program and complying with court-ordered restitution.
Sec. 472. RCW 9.94A.123 and 1987 c 402 s 2 are each amended to read as follows:
The legislature finds that the sexual offender treatment programs at western and eastern state hospitals, while not proven to be totally effective, may be of some benefit in positively affecting the behavior of certain sexual offenders. Given the significance of the problems of sexual assault and sexual abuse of children, it is therefore appropriate to review and revise these treatment efforts.
At the same time, concerns regarding the lack of adequate security at the existing programs must be satisfactorily addressed. In an effort to promote public safety, it is the intent of the legislature to transfer the responsibility for felony sexual offenders from the department of social and health services to the department of corrections.
Therefore, no person committing a felony sexual offense on or after July 1, 1987, may be committed under RCW 9.94A.120(((7)))(8)(b) to the department of social and health services at eastern state hospital or western state hospital. Any person committed to the department of social and health services under RCW 9.94A.120(((7)))(8)(b) for an offense committed before July 1, 1987, and still in the custody of the department of social and health services on June 30, 1993, shall be transferred to the custody of the department of corrections. Any person eligible for evaluation or treatment under RCW 9.94A.120(((7)))(8)(b) shall be committed to the department of corrections.
Sec. 473. RCW 9.94A.130 and 1984 c 209 s 7 are each amended to read as follows:
The power to defer or suspend the imposition or execution of sentence is hereby abolished in respect to sentences prescribed for felonies committed after June 30, 1984, except for offenders sentenced under RCW 9.94A.120(((7)))(8)(a), the special sexual offender sentencing alternative, whose sentence may be suspended, and except for sentences imposed under section 469 of this act and RCW 9.94A.120.
NEW SECTION. Sec. 474. A new section is added to chapter 9.94A RCW to read as follows:
Suspension of original sentence of a person sentenced under the youthful offender sentence alternative may be revoked if the offender violates or fails to carry out any of the conditions of the youthful offender program. Upon the revocation of the suspension, the court shall impose the sentence previously suspended or any unexecuted portion of the sentence. The court may not impose a sentence greater than the original sentence, with credit given for time served and money paid on fines and costs.
Before entering an order acknowledging successful completion of the youthful offender program, the court may revoke or modify its order suspending the imposition or execution of the original sentence. If the ends of justice will be served and if warranted by the reformation of the offender, the court may terminate the period of probation and discharge the person so held.
Sec. 475. RCW 9.94A.210 and 1989 c 214 s 1 are each amended to read as follows:
(1) A sentence within the standard range for the offense shall not be appealed. For purposes of this section, a sentence imposed on a first offender under RCW 9.94A.120(((5)))(6) shall also be deemed to be within the standard range for the offense and shall not be appealed.
(2) A sentence outside the sentence range for the offense is subject to appeal by the defendant or the state. The appeal shall be to the court of appeals in accordance with rules adopted by the supreme court.
(3) Pending review of the sentence, the sentencing court or the court of appeals may order the defendant confined or placed on conditional release, including bond.
(4) To reverse a sentence which is outside the sentence range, the reviewing court must find: (a) Either that the reasons supplied by the sentencing judge are not supported by the record which was before the judge or that those reasons do not justify a sentence outside the standard range for that offense; or (b) that the sentence imposed was clearly excessive or clearly too lenient.
(5) A review under this section shall be made solely upon the record that was before the sentencing court. Written briefs shall not be required and the review and decision shall be made in an expedited manner according to rules adopted by the supreme court.
(6) The court of appeals shall issue a written opinion in support of its decision whenever the judgment of the sentencing court is reversed and may issue written opinions in any other case where the court believes that a written opinion would provide guidance to sentencing judges and others in implementing this chapter and in developing a common law of sentencing within the state.
(7) The department may petition for a review of a sentence committing an offender to the custody or jurisdiction of the department. The review shall be limited to errors of law. Such petition shall be filed with the court of appeals no later than ninety days after the department has actual knowledge of terms of the sentence. The petition shall include a certification by the department that all reasonable efforts to resolve the dispute at the superior court level have been exhausted.
Sec. 476. RCW 9.94A.440 and 1992 c 145 s 11 and 1992 c 75 s 5 are each reenacted and amended to read as follows:
(1) Decision not to prosecute.
STANDARD: A prosecuting attorney may decline to prosecute, even though technically sufficient evidence to prosecute exists, in situations where prosecution would serve no public purpose, would defeat the underlying purpose of the law in question or would result in decreased respect for the law.
GUIDELINE/COMMENTARY:
Examples
The following are examples of reasons not to prosecute which could satisfy the standard.
(a) Contrary to Legislative Intent - It may be proper to decline to charge where the application of criminal sanctions would be clearly contrary to the intent of the legislature in enacting the particular statute.
(b) Antiquated Statute - It may be proper to decline to charge where the statute in question is antiquated in that:
(i) It has not been enforced for many years; and
(ii) Most members of society act as if it were no longer in existence; and
(iii) It serves no deterrent or protective purpose in today's society; and
(iv) The statute has not been recently reconsidered by the legislature.
This reason is not to be construed as the basis for declining cases because the law in question is unpopular or because it is difficult to enforce.
(c) De Minimus Violation - It may be proper to decline to charge where the violation of law is only technical or insubstantial and where no public interest or deterrent purpose would be served by prosecution.
(d) Confinement on Other Charges - It may be proper to decline to charge because the accused has been sentenced on another charge to a lengthy period of confinement; and
(i) Conviction of the new offense would not merit any additional direct or collateral punishment;
(ii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and
(iii) Conviction of the new offense would not serve any significant deterrent purpose.
(e) Pending Conviction on Another Charge - It may be proper to decline to charge because the accused is facing a pending prosecution in the same or another county; and
(i) Conviction of the new offense would not merit any additional direct or collateral punishment;
(ii) Conviction in the pending prosecution is imminent;
(iii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and
(iv) Conviction of the new offense would not serve any significant deterrent purpose.
(f) High Disproportionate Cost of Prosecution - It may be proper to decline to charge where the cost of locating or transporting, or the burden on, prosecution witnesses is highly disproportionate to the importance of prosecuting the offense in question. This reason should be limited to minor cases and should not be relied upon in serious cases.
(g) Improper Motives of Complainant - It may be proper to decline charges because the motives of the complainant are improper and prosecution would serve no public purpose, would defeat the underlying purpose of the law in question or would result in decreased respect for the law.
(h) Immunity - It may be proper to decline to charge where immunity is to be given to an accused in order to prosecute another where the accused's information or testimony will reasonably lead to the conviction of others who are responsible for more serious criminal conduct or who represent a greater danger to the public interest.
(i) Victim Request - It may be proper to decline to charge because the victim requests that no criminal charges be filed and the case involves the following crimes or situations:
(i) Assault cases where the victim has suffered little or no injury;
(ii) Crimes against property, not involving violence, where no major loss was suffered;
(iii) Where doing so would not jeopardize the safety of society.
Care should be taken to insure that the victim's request is freely made and is not the product of threats or pressure by the accused.
The presence of these factors may also justify the decision to dismiss a prosecution which has been commenced.
Notification
The prosecutor is encouraged to notify the victim, when practical, and the law enforcement personnel, of the decision not to prosecute.
(2) Decision to prosecute.
STANDARD:
Crimes against persons will be filed if sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify conviction by a reasonable and objective fact-finder. With regard to offenses prohibited by RCW 9A.44.040, 9A.44.050, 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, 9A.44.089, and 9A.64.020 the prosecutor should avoid prefiling agreements or diversions intended to place the accused in a program of treatment or counseling, so that treatment, if determined to be beneficial, can be provided pursuant to RCW 9.94A.120(((7)))(8).
Crimes against property/other crimes will be filed if the admissible evidence is of such convincing force as to make it probable that a reasonable and objective fact-finder would convict after hearing all the admissible evidence and the most plausible defense that could be raised.
See table below for the crimes within these categories.
CATEGORIZATION OF CRIMES FOR PROSECUTING STANDARDS
CRIMES AGAINST PERSONS
Aggravated Murder
1st Degree Murder
2nd Degree Murder
1st Degree Kidnaping
1st Degree Assault
1st Degree Assault of a Child
1st Degree Rape
1st Degree Robbery
1st Degree Rape of a Child
1st Degree Arson
2nd Degree Kidnaping
2nd Degree Assault
2nd Degree Assault of a Child
2nd Degree Rape
2nd Degree Robbery
1st Degree Burglary
1st Degree Manslaughter
2nd Degree Manslaughter
1st Degree Extortion
Indecent Liberties
Incest
2nd Degree Rape of a Child
Vehicular Homicide
Vehicular Assault
3rd Degree Rape
3rd Degree Rape of a Child
1st Degree Child Molestation
2nd Degree Child Molestation
3rd Degree Child Molestation
2nd Degree Extortion
1st Degree Promoting Prostitution
Intimidating a Juror
Communication with a Minor
Intimidating a Witness
Intimidating a Public Servant
Bomb Threat (if against person)
3rd Degree Assault
3rd Degree Assault of a Child
Unlawful Imprisonment
Promoting a Suicide Attempt
Riot (if against person)
CRIMES AGAINST PROPERTY/OTHER CRIMES
2nd Degree Arson
1st Degree Escape
2nd Degree Burglary
1st Degree Theft
1st Degree Perjury
1st Degree Introducing Contraband
1st Degree Possession of Stolen Property
Bribery
Bribing a Witness
Bribe received by a Witness
Bomb Threat (if against property)
1st Degree Malicious Mischief
2nd Degree Theft
2nd Degree Escape
2nd Degree Introducing Contraband
2nd Degree Possession of Stolen Property
2nd Degree Malicious Mischief
1st Degree Reckless Burning
Taking a Motor Vehicle without Authorization
Forgery
2nd Degree Perjury
2nd Degree Promoting Prostitution
Tampering with a Witness
Trading in Public Office
Trading in Special Influence
Receiving/Granting Unlawful Compensation
Bigamy
Eluding a Pursuing Police Vehicle
Willful Failure to Return from Furlough
Escape from Community Custody
Riot (if against property)
Thefts of Livestock
ALL OTHER UNCLASSIFIED FELONIES
Selection of Charges/Degree of Charge
(1) The prosecutor should file charges which adequately describe the nature of defendant's conduct. Other offenses may be charged only if they are necessary to ensure that the charges:
(a) Will significantly enhance the strength of the state's case at trial; or
(b) Will result in restitution to all victims.
(2) The prosecutor should not overcharge to obtain a guilty plea. Overcharging includes:
(a) Charging a higher degree;
(b) Charging additional counts.
This standard is intended to direct prosecutors to charge those crimes which demonstrate the nature and seriousness of a defendant's criminal conduct, but to decline to charge crimes which are not necessary to such an indication. Crimes which do not merge as a matter of law, but which arise from the same course of conduct, do not all have to be charged.
GUIDELINES/COMMENTARY:
Police Investigation
A prosecuting attorney is dependent upon law enforcement agencies to conduct the necessary factual investigation which must precede the decision to prosecute. The prosecuting attorney shall ensure that a thorough factual investigation has been conducted before a decision to prosecute is made. In ordinary circumstances the investigation should include the following:
(1) The interviewing of all material witnesses, together with the obtaining of written statements whenever possible;
(2) The completion of necessary laboratory tests; and
(3) The obtaining, in accordance with constitutional requirements, of the suspect's version of the events.
If the initial investigation is incomplete, a prosecuting attorney should insist upon further investigation before a decision to prosecute is made, and specify what the investigation needs to include.
Exceptions
In certain situations, a prosecuting attorney may authorize filing of a criminal complaint before the investigation is complete if:
(1) Probable cause exists to believe the suspect is guilty; and
(2) The suspect presents a danger to the community or is likely to flee if not apprehended; or
(3) The arrest of the suspect is necessary to complete the investigation of the crime.
In the event that the exception to the standard is applied, the prosecuting attorney shall obtain a commitment from the law enforcement agency involved to complete the investigation in a timely manner. If the subsequent investigation does not produce sufficient evidence to meet the normal charging standard, the complaint should be dismissed.
Investigation Techniques
The prosecutor should be fully advised of the investigatory techniques that were used in the case investigation including:
(1) Polygraph testing;
(2) Hypnosis;
(3) Electronic surveillance;
(4) Use of informants.
Pre-Filing Discussions with Defendant
Discussions with the defendant or his/her representative regarding the selection or disposition of charges may occur prior to the filing of charges, and potential agreements can be reached.
Sec. 477. RCW 18.155.010 and 1990 c 3 s 801 are each amended to read as follows:
The legislature finds that sex offender therapists who examine and treat sex offenders pursuant to the special sexual offender sentencing alternative under RCW 9.94A.120(((7)))(8)(a) and who may treat juvenile sex offenders pursuant to RCW 13.40.160, play a vital role in protecting the public from sex offenders who remain in the community following conviction. The legislature finds that the qualifications, practices, techniques, and effectiveness of sex offender treatment providers vary widely and that the court's ability to effectively determine the appropriateness of granting the sentencing alternative and monitoring the offender to ensure continued protection of the community is undermined by a lack of regulated practices. The legislature recognizes the right of sex offender therapists to practice, consistent with the paramount requirements of public safety. Public safety is best served by regulating sex offender therapists whose clients are being evaluated and being treated pursuant to RCW 9.94A.120(((7)))(8)(a) and 13.40.160. This chapter shall be construed to require only those sex offender therapists who examine and treat sex offenders pursuant to RCW 9.94A.120(((7)))(8)(a) and 13.40.160 to obtain a sexual offender treatment certification as provided in this chapter.
Sec. 478. RCW 18.155.020 and 1990 c 3 s 802 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:
(1) "Certified sex offender treatment provider" means a licensed, certified, or registered health professional who is certified to examine and treat sex offenders pursuant to RCW 9.94A.120(((7)))(8)(a) and 13.40.160.
(2) "Department" means the department of health.
(3) "Secretary" means the secretary of health.
(4) "Sex offender treatment provider" means a person who counsels or treats sex offenders accused of or convicted of a sex offense as defined by RCW 9.94A.030.
Sec. 479. RCW 18.155.030 and 1990 c 3 s 803 are each amended to read as follows:
(1) No person shall represent himself or herself as a certified sex offender treatment provider without first applying for and receiving a certificate pursuant to this chapter.
(2) Only a certified sex offender treatment provider may perform or provide the following services:
(a) Evaluations conducted for the purposes of and pursuant to RCW 9.94A.120(((7)))(8)(a) and 13.40.160;
(b) Treatment of convicted sex offenders who are sentenced and ordered into treatment pursuant to RCW 9.94A.120(((7)))(8)(a) and adjudicated juvenile sex offenders who are ordered into treatment pursuant to RCW 13.40.160.
Sec. 480. RCW 46.61.524 and 1991 c 348 s 2 are each amended to read as follows:
(1) A person convicted under RCW 46.61.520(1)(a) or 46.61.522(1)(b) shall, as a condition of community supervision imposed under RCW 9.94A.383 or community placement imposed under RCW 9.94A.120(((8)))(9), complete a diagnostic evaluation by an alcohol or drug dependency agency approved by the department of social and health services or a qualified probation department, as defined under RCW 46.61.516 that has been approved by the department of social and health services. This report shall be forwarded to the department of licensing. If the person is found to have an alcohol or drug problem that requires treatment, the person shall complete treatment in a program approved by the department of social and health services under chapter 70.96A RCW. If the person is found not to have an alcohol or drug problem that requires treatment, he or she shall complete a course in an information school approved by the department of social and health services under chapter 70.96A RCW. The convicted person shall pay all costs for any evaluation, education, or treatment required by this section, unless the person is eligible for an existing program offered or approved by the department of social and health services. Nothing in ((this act)) chapter 348, Laws of 1991 requires the addition of new treatment or assessment facilities nor affects the department of social and health services use of existing programs and facilities authorized by law.
(2) As provided for under RCW 46.20.285, the department shall revoke the license, permit to drive, or a nonresident privilege of a person convicted of vehicular homicide under RCW 46.61.520 or vehicular assault under RCW 46.61.522. The department shall determine the eligibility of a person convicted of vehicular homicide under RCW 46.61.520(1)(a) or vehicular assault under (([RCW])) RCW 46.61.522(1)(b) to receive a license based upon the report provided by the designated alcoholism treatment facility or probation department, and shall deny reinstatement until satisfactory progress in an approved program has been established and the person is otherwise qualified."
Renumber the remaining sections consecutively and correct internal references accordingly.
Debate ensued.
POINT OF INQUIRY
Senator Ludwig: "Senator Nelson, this is a pretty long amendment. I haven't had a chance to read it all, but I got at least to the second page. In looking at lines six through ten, it seems to me that you are saying that these juveniles are allowed to earn and smoke cigarettes, even though we have passed a bill that prohibits law-abiding juveniles in this state from doing the same thing. Is that correct?"
Senator Nelson: "I guess every facility will establish what they vision will be the proper conduct at any one of them, just like they have done in any of these other states. I might point out, Senator Ludwig, since you brought it up, this is an option, it is something that you have the juvenile court judge look at. They just don't send anybody to one of these facilities, because it is based on the kind of crime that has been occurring. It is based primarily on what, perhaps, can come out of it, so what personal conduct pattern they have there is going to be up to the facility itself."
Further debate ensued.
PARLIAMENTARY INQUIRY
Senator Talmadge: "A point of parliamentary inquiry, Mr. President. I believe Section 470 on page 5 of the amendment amends Initiative 593. Would that mean that this amendment requires a two-thirds vote in order to be adopted?"
REPLY BY THE PRESIDENT
President Pritchard: "The amendments do not require a two-thirds vote, only on final passage. If it amends the Initiative, we will make the judgment at that time."
Further debate ensued.
Senator McCaslin demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senators Nelson, Roach, Amondson, Linda Smith, Anderson, McDonald and Schow on page 121, after line 7, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319.
ROLL CALL
The Secretary called the roll and the amendment to the striking amendment was not adopted by the following vote: Yeas, 21; Nays, 28; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Morton, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Schow, Sellar, Smith, L., West and Winsley - 21.
Voting nay: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 28.
MOTION
Senator Erwin moved that the following amendments to the striking amendment by Senators Talmadge and Gaspard be considered simultaneously and be adopted:
On page 121, line 19 of the amendment, after "EDUCATION" insert ", TRAINING, AND EMPLOYMENT"
Correct the table of contents accordingly.
On page 144, after line 26 of the amendment, insert the following:
"NEW SECTION. Sec. 520. A new section is added to chapter 43.330 RCW to read as follows:
(1) The department of community, trade, and economic development shall administer a safe schools-safe communities program that provides financial and technical resources for community and school-based initiatives that offer youth long-term positive alternatives to violence, reduce the factors contributing to youth violence, and establish strong ties between children and youth and their communities.
(2) The department shall establish a process to fund:
(a) Safe school teams that develop and implement strategies to make schools safer and prevent violence;
(b) Education assistance, including tutoring, mentoring, drop-out prevention, and reentry assistance services;
(c) Employment assistance, including job development, school-to-work placement, employment readiness training, basic skills, apprenticeships, and community service employment;
(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) Recreational opportunities that provide healthy, viable alternatives to violence;
(g) Life skills training, including anger management, conflict resolution, victim awareness, sexual harassment and assault awareness, empathy awareness, and cultural awareness training;
(h) Parental involvement, including education and training, home visits, and referrals;
(i) Resource and referral services for youth for a full range of basic services including health, food, housing, mental health, and other basic needs; and
(j) Self-esteem training, particularly for youth at high risk of teen pregnancy.
(3) The following organizations shall be eligible to receive grants: School districts, community family councils, community-based private nonprofit organizations, educational service districts, juvenile institutions, Indian tribes, private industry councils, and local governments.
(4) The department shall consider at least the following factors when selecting projects for funding:
(a) Whether there was an assessment made of the factors contributing to the problem of youth violence in the community that includes empirical evidence linking these factors to youth violence and a strategy proposed that addresses the factors identified;
(b) Whether there was active community and youth participation in designing the program and in proposed implementation of the program;
(c) Whether there is proposed collaboration among local community entities in carrying out the project;
(d) Whether there is collaboration with the local business community, labor organizations, and training institutions when employment and training projects are proposed;
(e) Whether there is local commitment of resources and effort to carrying out the project in the short term and a long-term commitment to reducing youth violence;
(f) Whether there is research that supports the likely success of the proposed project;
(g) Whether the proposed intervention will include cognitive, affective, and behavioral interventions;
(h) The likelihood that the project will significantly benefit youth who are at risk or will increase public safety in areas with high rates of violent crime by juveniles;
(i) The experience or expertise of the applicant to carry out the proposed project; and
(j) The plan for evaluating the project.
(5) The department shall provide additional assistance to community-based efforts in skill development, employment readiness, and work experience, including: (a) Community-based mentoring programs, providing technical assistance and providing funds for program development; (b) tutoring services to at-risk youth by the retired senior volunteer program; and (c) private-sector efforts to assist in the employment and training of at-risk youth in such areas as work experience, mentoring programs, skill development, and apprenticeships. In developing and implementing these efforts, the department shall consult with the work force training and education coordinating board, employment security department, and other relevant agencies. The department shall provide funds to community-based organizations to identify at-risk youth to participate in private-sector efforts and to provide ongoing assistance to youth participating in the programs.
(6) The grants shall require local matching funds so that the grant amounts support a maximum of eighty percent of the costs of the services funded. In-kind contributions may be used in calculating the local match.
(7) Subject to funding, grants shall be funded for three years. A second series of grants shall be awarded in 1996.
(8) The department shall provide successful applicants with technical assistance and training resources.
(9) The department shall work to involve youth in its efforts to reduce youth violence.
(10) The department shall establish a system to evaluate the effectiveness of the prevention and intervention initiatives. By January 1, 1996, and every biennium through June 30, 1999, the department shall submit to the governor and the legislature an evaluation of the projects funded under this section.
(11) For the purposes of this section, "community" means a geographic region recognized as a community by the applicant, including a neighborhood, city, county, Indian tribe, or multicounty region.
(12) This section shall expire June 30, 1999.
NEW SECTION. Sec. 521. If specific funding for the purposes of section 520 of this act, referencing section 520 of this act by bill and section number, is not provided by June 30, 1994, in the omnibus appropriations act, section 520 of this act is null and void.
NEW SECTION. Sec. 522. (1) The legislature finds that many teens who have dropped out of high school possess little motivation to return to a traditional high school setting. Teens with children often receive public assistance and do not have the skills or education to secure employment to support their basic needs. Inadequate job skills, the lack of a high school diploma, and limited access to child care prevent high school-age mothers from leaving public assistance to enter the work force.
(2) The legislature further finds that providing dropouts with school-to-work transition options to increase job readiness, to work toward high school graduation, and to provide access to support services is an effective strategy to address the needs of secondary students who have dropped out of school.
(3) The legislature further finds that vocational skills centers are equipped to offer educational services to secondary students that emphasize successful school-to-work transition, life skills, parenting education, and high school graduation. Vocational skills centers can best offer these services by making them available, for students not currently in school and for students enrolled in a full schedule at a high school, during hours other than normal school hours.
(4) The purpose of section 523 of this act is to provide students with the job training, education, and support services necessary to achieve high school graduation and job readiness through the creation of extended day school-to-work transition projects.
NEW SECTION. Sec. 523. (1) To the extent funds are available, the superintendent of public instruction shall award start-up grants to vocational skills centers to provide extended day school-to-work transition options for secondary students who are at risk of academic failure and who have dropped out or who are enrolled full time at a home high school. Grants shall be awarded based on applications describing how the project will achieve the following goals:
(a) Identifying, recruiting, assessing, and enrolling teens who have dropped out of school or who are at risk of academic failure;
(b) Developing job-readiness skills, job retention skills, and high school completion competencies in secondary students using work-based learning;
(c) Equipping students with vocational skills and abilities consistent with entry level employment in their chosen career field;
(d) Preparing students to seek further education and training if advisable for their particular career field;
(e) Assisting students who have dropped out to reenter school to achieve their high school diploma; and
(f) Increasing vocational programs' availability to students during other than normal school hours.
(2) To the extent funds are available, the superintendent of public instruction shall award start-up grants to organizations capable of providing programs as specified in subsection (1) of this section, to urban areas not served by skills centers. Organizations eligible to compete for grants awarded under this subsection include:
(a) Nonprofit organizations;
(b) Education service districts;
(c) Community and technical colleges; and
(d) School districts.
(3) To the extent funds are available, the state board for community and technical colleges shall award start-up grants to technical colleges to provide services as specified in subsection (1) of this section. The state board shall work with the superintendent of public instruction to develop program guidelines consistent with programs offered in skills centers.
NEW SECTION. Sec. 524. The legislature recognizes the importance of education and employment experiences for youth and the critical role of school-to-work transition options to achieving job readiness. Therefore, in light of these priorities, the department of labor and industries is directed to accelerate its evaluation of the minor work rules adopted under chapter 49.12 RCW, including an evaluation of the impact of these rules on the school-to-work transition projects provided for in section 523 of this act. The department shall report to the governor and the appropriate committees of the legislature on its evaluation of the minor work rules prior to the start of the 1995 regular legislative session.
NEW SECTION. Sec. 525. (1) The legislature finds that there is a need to:
(a) Expand the supply of permanent affordable housing for homeless individuals, low and very low-income persons, and special need populations by utilizing the energies and talents of economically disadvantaged youth;
(b) Provide economically disadvantaged youth with opportunities for meaningful work and service to their communities in helping to meet the housing needs of homeless individuals, low and very low-income persons, and special need populations;
(c) Enable economically disadvantaged youth to obtain the education and employment skills necessary to achieve economic self-sufficiency; and
(d) Foster the development of leadership skills and commitment to community development among youth in designated community empowerment zones.
(2) The legislature declares that the purpose of the Washington youthbuild program is to:
(a) Help disadvantaged youth who have dropped out of school to obtain the education and employment skills necessary to achieve economic self-sufficiency and develop leadership skills and a commitment to community development in designated community empowerment zones; and
(b) Provide funding assistance to entities implementing programs that provide comprehensive education and skills training programs designed to lead to self-sufficiency for economically disadvantaged youth.
NEW SECTION. Sec. 526. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Applicant" means a public or private nonprofit organization agency eligible to provide education and employment training under federal or state employment training programs.
(2) "Commissioner" means the commissioner of employment security.
(3) "Department" means the employment security department.
(4) "Low income" has the same meaning as in RCW 43.185A.010.
(5) "Participant" means an individual that:
(a) Is sixteen to twenty-four years of age, inclusive;
(b) Is or is a member of a very low-income household; and
(c) Is neither attending any school nor subject to a compulsory attendance law and who has not received a secondary school diploma or a certificate of equivalency for such diploma.
(6) "Very low income" means a person or household whose income is at or below fifty percent of the median family income, adjusted for household size, for the county where the household is located.
(7) "Youthbuild" means any program that provides disadvantaged youth with opportunities for employment, education, leadership development, entrepreneurial skills development, and training in the construction or rehabilitation of housing for special need populations, very low-income households, or low-income households.
NEW SECTION. Sec. 527. The Washington youthbuild program is established within the department. The commissioner, in cooperation and consultation with the director of the department of community, trade, and economic development, shall:
(1) Make grants, up to the lesser of three hundred thousand dollars or twenty-five percent of the total costs of the youthbuild activities, to applicants eligible to provide education and employment training under federal or state employment training programs, for the purpose of carrying out a wide range of multidisciplinary activities and services to assist economically disadvantaged youth under the federal opportunities for youth: Youthbuild program (106 Stat. 3723; 42 U.S.C. Sec. 8011), or locally developed youthbuild-type programs for economically disadvantaged youth; and
(2) Coordinate youth employment and training efforts under the department's jurisdiction and cooperate with other agencies and departments providing youth services to ensure that funds appropriated for the purposes of this chapter will be used to supplement funding from federal, state, local, or private sources.
NEW SECTION. Sec. 528. (1) Grants made under this chapter shall be used to fund an applicant's activities to implement a comprehensive education and employment skills training program.
(2) Activities eligible for assistance under this chapter include:
(a) Education and job skills training services and activities that include:
(i) Work experience and skills training, coordinated to the maximum extent feasible, with preapprenticeship and apprenticeship programs in construction and rehabilitation trades;
(ii) Services and activities designed to meet the educational needs of participants, including basic skills instruction and remedial education, bilingual education for participants with limited-English proficiency, secondary education services and activities designed to lead to the attainment of a high school diploma or its equivalent, and counseling and assistance in attaining postsecondary education and required financial aid;
(b) Counseling services and related activities;
(c) Activities designed to develop employment and leadership skills;
(d) Support services and need-based stipends necessary to enable the participant to participate in the program and to assist participants through support services in retaining employment;
(e) Wage stipends and benefits provided to participants; and
(f) Administrative costs of the applicant, not to exceed five percent of the amount of assistance provided under this chapter.
NEW SECTION. Sec. 529. (1) An individual selected as a participant in the youthbuild program under this chapter may be offered full-time participation for a period of not less than six months and not more than twenty-four months.
(2) An applicant's program that is selected for funding under this chapter shall be structured so that fifty percent of the time spent by the participants in the youthbuild program is devoted to educational services and activities, such as those outlined in section 528 of this act.
NEW SECTION. Sec. 530. (1) An application for a grant under this chapter shall be submitted by the applicant in such form and in accordance with the requirements as determined by the commissioner.
(2) The application for a grant under this chapter shall contain at a minimum:
(a) The amount of the grant request and its proposed use;
(b) A description of the applicant and a statement of its qualifications, including a description of the applicant's past experience with housing rehabilitation or construction with youth and youth education and employment training programs, and its relationship with local unions and apprenticeship programs and other community groups;
(c) A description of the proposed site for the program;
(d) A description of the educational and job training activities, work opportunities, and other services that will be provided to participants;
(e) A description of the proposed construction or rehabilitation activities to be undertaken and the anticipated schedule for carrying out such activities;
(f) A description of the manner in which eligible participants will be recruited and selected, including a description of arrangements which will be made with federal or state agencies, community-based organizations, local school districts, the courts of jurisdiction for status and youth offenders, shelters for homeless individuals and other agencies that serve homeless youth, foster care agencies, and other appropriate public and private agencies;
(g) A description of the special outreach efforts that will be undertaken to recruit eligible young women, including young women with dependent children;
(h) A description of how the proposed program will be coordinated with other federal, state, local, and private resources and programs, including vocational, adult, and bilingual education programs, and job training programs;
(i) Assurances that there will be a sufficient number of adequately trained supervisory personnel in the program who have attained the level of journeyman or have served an apprenticeship through the Washington state apprenticeship training council;
(j) A description of the applicant's relationship with building contractor groups and trade unions regarding their involvement in training, and the relationship of the youthbuild program with established apprenticeship and training programs;
(k) A description of activities that will be undertaken to develop the leadership skills of the participants;
(l) A description of the commitments for any additional resources to be made available to the local program from the applicant, from recipients of other federal, state, local, or private sources; and
(m) Other factors the commissioner deems necessary.
NEW SECTION. Sec. 531. (1) An applicant selected for funding under this chapter shall provide the department information on program and participant accomplishments. The information shall be provided in progress and final reports as requested by the department.
(2) The department shall prepare an initial evaluation report, which shall be made available to the governor and appropriate legislative committees, on or before December 1, 1995, on the progress of individual programs funded under this chapter. A final evaluation report shall be prepared on individual programs at the time of their completion. The final evaluation report shall include, but is not limited to, information on the effectiveness of the program, the status of program participants, and recommendations on program administration at the state and local level.
NEW SECTION. Sec. 532. A new section is added to chapter 50.67 RCW to read as follows:
In addition to its duties under this chapter, the Washington state job training coordinating council shall advise the employment security department and the department of community, trade, and economic development on the development and implementation of the Washington youthbuild program created under sections 525 through 531 of this act.
Sec. 533. RCW 43.185.070 and 1991 c 356 s 5 and 1991 c 295 s 2 are each reenacted and amended to read as follows:
(1) During each calendar year in which funds from the housing trust fund or other legislative appropriations are available for use by the department for the housing assistance program, the department shall announce to all known interested parties, and through major media throughout the state, a grant and loan application period of at least ninety days' duration. This announcement shall be made as often as the director deems appropriate for proper utilization of resources. The department shall then promptly grant as many applications as will utilize available funds less appropriate administrative costs of the department. Administrative costs paid out of the housing trust fund may not exceed four percent of annual revenues available for distribution to housing trust fund projects. In awarding funds under this chapter, the department shall provide for a geographic distribution on a state-wide basis.
(2) The department shall give first priority to applications for projects and activities which utilize existing privately owned housing stock including privately owned housing stock purchased by nonprofit public development authorities and public housing authorities as created in chapter 35.82 RCW. As used in this subsection, privately owned housing stock includes housing that is acquired by a federal agency through a default on the mortgage by the private owner. Such projects and activities shall be evaluated under subsection (3) of this section. Second priority shall be given to activities and projects which utilize existing publicly owned housing stock. All projects and activities shall be evaluated by some or all of the criteria under subsection (3) of this section, and similar projects and activities shall be evaluated under the same criteria.
(3) The department shall give preference for applications based on some or all of the criteria under this subsection, and similar projects and activities shall be evaluated under the same criteria:
(a) The degree of leveraging of other funds that will occur;
(b) The degree of commitment from programs to provide necessary habilitation and support services for projects focusing on special needs populations;
(c) Recipient contributions to total project costs, including allied contributions from other sources such as professional, craft and trade services, and lender interest rate subsidies;
(d) Local government project contributions in the form of infrastructure improvements, and others;
(e) Projects that encourage ownership, management, and other project-related responsibility opportunities;
(f) Projects that demonstrate a strong probability of serving the original target group or income level for a period of at least twenty-five years;
(g) The applicant has the demonstrated ability, stability and resources to implement the project;
(h) Projects which demonstrate serving the greatest need;
(i) Projects that provide housing for persons and families with the lowest incomes;
(j) Projects serving special needs populations which are under statutory mandate to develop community housing;
(k) Project location and access to employment centers in the region or area; ((and))
(l) Projects that provide employment and training opportunities for disadvantaged youth under a youthbuild or youthbuild-type program as defined in section 526 of this act; and
(m) Project location and access to available public transportation services.
(4) The department shall only approve applications for projects for mentally ill persons that are consistent with a regional support network six-year capital and operating plan.
NEW SECTION. Sec. 534. Sections 525 through 531 of this act shall constitute a new chapter in Title 50 RCW.
NEW SECTION. Sec. 535. If specific funding for the purposes of sections 522 and 523 of this act, referencing sections 522 and 523 of this act by bill number and section number, is not provided by June 30, 1994, in the omnibus appropriations act, sections 522 and 523 of this act are null and void.
NEW SECTION. Sec. 536. If specific funding for the purposes of sections 525 through 533 of this act, referencing sections 525 through 533 of this act by bill number and section number, is not provided by June 30, 1994, in the omnibus appropriations act, sections 525 through 533 of this act are null and void.
NEW SECTION. Sec. 537. Sections 523 and 524 of this act shall expire June 30, 1997."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Erwin on page 121, line 19, and page 144, after line 26, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319.
The motion by Senator Erwin failed and the amendments to the striking amendment were not adopted on a rising vote.
MOTION
Senator McDonald moved that the following amendment by Senators McDonald, Owen, McCaslin, Snyder, Hargrove, Bauer, Haugen, Loveland, Vognild, Ludwig and Linda Smith to the striking amendment by Senators Talmadge and Gaspard be adopted:
On page 144, after line 26 of the amendment, insert the following:
"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."
Renumber the remaining parts and sections consecutively and correct the table of contents and any internal references accordingly.
POINT OF ORDER
Senator Talmadge: "Mr. President, I rise to a point of order. I believe this amendment expands the scope and object of the bill. Very briefly, this is a bill--while it is an omnibus bill--that relates to violence and particularly youth violence. The amendment that is before us is one that Senator McDonald has just acknowledged is one that changes the child labor laws dealing with the conditions of employment of young people. It amends RCW Title 49 relating to conditions of employment and I think for that reason, it does expand the scope and object of a bill that is focusing on the question of violence in general and youth violence in particular."
Further debate ensued.
There being no objection, the President deferred further consideration of the amendment by Senators McDonald, Owen, McCaslin, Snyder, Hargrove, Bauer, Haugen, Loveland, Vognild, Ludwig and Linda Smith on page 144, after line 26, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319.
President Pro Tempore Wojahn assumed the Chair.
MOTION
Senator Nelson moved that the following amendment by Senators Nelson, Amondson, Roach, McDonald, Linda Smith, Schow and Anderson to the striking amendment by Senators Talmadge and Gaspard be adopted:
On page 144, after line 26 of the amendment, insert the following:
"PART VI. VICTIMS' RIGHTS
Funding for block grants under chapter . . ., Laws of 1994 (this act) shall not be derived from any reduction of appropriations for criminal justice training or services, consolidated juvenile services funds, or from crime victim services, including funding allocated to support the provision of crime victims' services under chapter 7.68, 43.101, 43.280, 70.123, 70.125, or 82.14 RCW; or from federal funding designated to fund services for crime victims under the Victims of Crime Act of 1984 (P.L. 98-473).
Sec. 602. RCW 10.95.060 and 1981 c 138 s 6 are each amended to read as follows:
(1) At the commencement of the special sentencing proceeding, the trial court shall instruct the jury as to the nature and purpose of the proceeding and as to the consequences of its decision, as provided in RCW 10.95.030.
(2) At the special sentencing proceeding both the prosecution and defense shall be allowed to make an opening statement. The prosecution shall first present evidence and then the defense may present evidence. Rebuttal evidence may be presented by each side. Upon conclusion of the evidence, the court shall instruct the jury and then the prosecution and defense shall be permitted to present argument. The prosecution shall open and conclude the argument.
(3) The court shall admit any relevant evidence which it deems to have probative value regardless of its admissibility under the rules of evidence, including hearsay evidence and evidence of the defendant's previous criminal activity regardless of whether the defendant has been charged or convicted as a result of such activity. For purposes of this section and pursuant to Article I, section 35 of the state Constitution, the term "relevant evidence" shall include a statement by the deceased victim's representative as identified by the prosecuting attorney. The defendant shall be accorded a fair opportunity to rebut or offer any hearsay evidence.
In addition to evidence of whether or not there are sufficient mitigating circumstances to merit leniency, if the jury sitting in the special sentencing proceeding has not heard evidence of the aggravated first degree murder of which the defendant stands convicted, both the defense and prosecution may introduce evidence concerning the facts and circumstances of the murder.
(4) Upon conclusion of the evidence and argument at the special sentencing proceeding, the jury shall retire to deliberate upon the following question: "Having in mind the crime of which the defendant has been found guilty, are you convinced beyond a reasonable doubt that there are not sufficient mitigating circumstances to merit leniency?"
In order to return an affirmative answer to the question posed by this subsection, the jury must so find unanimously.
Sec. 603. RCW 10.95.070 and 1993 c 479 s 2 are each amended to read as follows:
In deciding the question posed by RCW 10.95.060(4), the jury, or the court if a jury is waived, may consider any relevant factors, including but not limited to the following:
(1) Whether the defendant has or does not have a significant history, either as a juvenile or an adult, of prior criminal activity;
(2) Whether the murder was committed while the defendant was under the influence of extreme mental disturbance;
(3) Whether the victim consented to the act of murder;
(4) Whether the defendant was an accomplice to a murder committed by another person where the defendant's participation in the murder was relatively minor;
(5) Whether the defendant acted under duress or domination of another person;
(6) Whether, at the time of the murder, the capacity of the defendant to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of law was substantially impaired as a result of mental disease or defect. However, a person found to be mentally retarded under RCW 10.95.030(2) may in no case be sentenced to death;
(7) Whether the age of the defendant at the time of the crime calls for leniency; ((and))
(8) Whether there is a likelihood that the defendant will pose a danger to others in the future; and
(9) Pursuant to Article I, section 35 of the state Constitution, a statement by the deceased victim's representative as identified by the prosecuting attorney.
Sec. 604. RCW 7.69.030 and 1993 c 350 s 6 are each amended to read as follows:
There shall be a reasonable effort made to ensure that victims, survivors of victims, and witnesses of crimes have the following rights:
(1) With respect to victims of violent or sex crimes, to receive, at the time of reporting the crime to law enforcement officials, a written statement of the rights of crime victims as provided in this chapter. The written statement shall include the name, address, and telephone number of a county or local crime victim/witness program, if such a crime victim/witness program exists in the county;
(2) To be informed by local law enforcement agencies or the prosecuting attorney of the final disposition of the case in which the victim, survivor, or witness is involved;
(3) To be notified by the party who issued the subpoena that a court proceeding to which they have been subpoenaed will not occur as scheduled, in order to save the person an unnecessary trip to court;
(4) To receive protection from harm and threats of harm arising out of cooperation with law enforcement and prosecution efforts, and to be provided with information as to the level of protection available;
(5) To be informed of the procedure to be followed to apply for and receive any witness fees to which they are entitled;
(6) To be provided, whenever practical, a secure waiting area during court proceedings that does not require them to be in close proximity to defendants and families or friends of defendants;
(7) To have any stolen or other personal property expeditiously returned by law enforcement agencies or the superior court when no longer needed as evidence. When feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis, and property of which ownership is disputed, shall be photographed and returned to the owner within ten days of being taken;
(8) To be provided with appropriate employer intercession services to ensure that employers of victims, survivors of victims, and witnesses of crime will cooperate with the criminal justice process in order to minimize an employee's loss of pay and other benefits resulting from court appearance;
(9) To access to immediate medical assistance and not to be detained for an unreasonable length of time by a law enforcement agency before having such assistance administered. However, an employee of the law enforcement agency may, if necessary, accompany the person to a medical facility to question the person about the criminal incident if the questioning does not hinder the administration of medical assistance;
(10) With respect to victims of violent and sex crimes, to have a crime victim advocate from a crime victim/witness program present at any prosecutorial or defense interviews with the victim. This subsection applies if practical and if the presence of the crime victim advocate does not cause any unnecessary delay in the investigation or prosecution of the case. The role of the crime victim advocate is to provide emotional support to the crime victim;
(11) With respect to victims and survivors of victims, to be physically present in court during trial, or if subpoenaed to testify, to be scheduled as early as practical in the proceedings in order to be physically present during trial after testifying and not to be excluded solely because they have testified;
(12) With respect to victims and survivors of victims, to be informed by the prosecuting attorney of the date, time, and place of the trial and of the sentencing hearing for felony convictions upon request by a victim or survivor;
(13) To submit a victim impact statement or report to the court, with the assistance of the prosecuting attorney if requested, which shall be included in all presentence reports and permanently included in the files and records accompanying the offender committed to the custody of a state agency or institution;
(14) With respect to victims and survivors of victims, to present a statement personally or by representation, at ((the)) all sentencing hearings for felony convictions, including special sentencing proceedings in cases where the prosecution has requested the death penalty; and
(15) With respect to victims and survivors of victims, to entry of an order of restitution by the court in all felony cases, even when the offender is sentenced to confinement, unless extraordinary circumstances exist which make restitution inappropriate in the court's judgment.
NEW SECTION. Sec. 605. The legislature finds that treatment of the emotional problems of victims and families of victims of sex offenses and victims of violent offenses may be impaired by lengthy delay in trial of the accused and the resulting delay in testimony of the victim or the victim's representative. The trauma of the abusive or violent incident is likely to be exacerbated by requiring testimony from a victim who has substantially completed therapy and is forced to relive the incident. The legislature finds that it is necessary to prevent, to the extent reasonably possible, lengthy and unnecessary delays in trial of a person charged with a sex offense or of a violent offense.
NEW SECTION. Sec. 606. A new section is added to chapter 10.46 RCW to read as follows:
When a defendant is charged with a violent offense as defined in RCW 9.94A.030 which constitutes a violation of RCW 9A.64.020 or chapter 9.68, 9.68A, 9A.32, 9A.36, 9A.40, 9A.42, 9A.44, or 9A.46 RCW, neither the defendant nor the prosecuting attorney may agree to extend the originally scheduled trial date unless, after a hearing, the court finds that there are substantial and compelling reasons for a continuance of the trial date and that the benefit of the postponement outweighs the detriment to the victim or, if the victim is deceased, to the victim's family. At the hearing the court shall consider the testimony of lay witnesses and of expert witnesses, if available, regarding the impact of the continuance on the victim. Whenever the court grants the request for a continuance, the court shall set forth the reasons for its decision in written findings of fact and conclusions of law.
NEW SECTION. Sec. 607. A new section is added to chapter 10.19 RCW to read as follows:
Notwithstanding superior court criminal rule CrR 3.2, a criminal defendant shall not be bailable if the court determines by a preponderance of the evidence that the defendant is likely to pose a danger to the safety of any other person or the community at large if the defendant is released.
NEW SECTION. Sec. 608. Section 607 of this act shall take effect if the proposed amendment to Article I, section 20 of the state Constitution authorizing the courts to refuse bail when the accused is likely upon release to pose a danger is validly submitted to and is approved and ratified by the voters at the next general election. If the proposed amendment is not so approved and ratified, section 607 of this act is void in its entirety."
Renumber the remaining parts and sections consecutively and correct internal references accordingly.
Debate ensued.
Senator Nelson demanded a roll call and the demand was sustained.
PARLIAMENTARY INQUIRY
Senator Vognild: "A parliamentary inquiry, Madam President. As I read on page six, New Section 608--this calls for a constitutional amendment. If in fact this were to pass--this amendment were to pass--would that then put the entire bill in a two-thirds status?"
REPLY BY THE PRESIDENT PRO TEMPORE
President Pro Tempore Wojahn: "It does not amend the Constitution. It calls for a constitutional amendment, but it does not provide for one, therefore, I would say that it does not require a two-thirds vote."
Further debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the adoption of the amendment by Senators Nelson, Amondson, Roach, McDonald, Linda Smith, Schow and Anderson on page 144, after line 26, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319.
ROLL CALL
The Secretary called the roll and the amendment to the striking amendment was not adopted by the following vote: Yeas, 20; Nays, 28; Absent, 1; Excused, 0.
Voting yea: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Morton, Moyer, Nelson, Oke, Prince, Roach, Schow, Sellar, Smith, L., West and Winsley - 20.
Voting nay: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 28.
Absent: Senator Newhouse - 1.
President Pritchard assumed the Chair.
MOTION
Senator Erwin moved that the following amendment by Senators Erwin, McAuliffe, Haugen and Skratek to the striking amendment by Senators Talmadge and Gaspard be adopted:
On page 146, beginning on line 16 of the amendment, strike all of section 604
Renumber the remaining sections consecutively and correct internal references accordingly.
Debate ensued.
PARLIAMENTARY INQUIRY
Senator West: "Mr. President, could you advise the body of the time?"
REPLY BY THE PRESIDENT
President Pritchard: "I advise the body of the time? I didn't know you needed help, but it is ten o'clock."
MOTION
Senator West: "Thank you, Mr. President. For purposes of continuing the debate on House Bill No. 2319, I move that the Senate suspend Rule 15--the rule that requires us to adjourn by 10:00 p.m."
President Pritchard: "Without objection, so ordered. I want the body to know that Senator West is right. We do have a rule. Nice going, Senator. It is news to me."
Further debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Erwin, McAuliffe, Haugen and Skratek on page 146, beginning on line 16, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319.
The motion by Senator Erwin failed and the amendment to the striking amendment was not adopted.
MOTION
Senator Pelz moved that the following amendment to the striking amendment by Senators Talmadge and Gaspard be adopted:
On page 146, beginning on line 34 of the amendment, strike all of section 605
Renumber the remaining sections consecutively and correct any internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Pelz on page 146, beginning on line 34, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319.
The motion by Senator Pelz failed and the amendment to the striking amendment was not adopted on a rising vote, the President voting 'nay.'
MOTION
Senator Pelz moved that the following amendment to the striking amendment by Senators Talmadge and Gaspard be adopted:
On page 147, beginning on line 35 of the amendment, strike all of section 608
Renumber the remaining sections consecutively and correct any internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Pelz on page 147, beginning on line 35, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319.
The motion by Senator Pelz carried and the amendment to the striking amendment was adopted on a rising vote.
There being no objection, the Senate resumed consideration of the amendment by Senators McDonald, Owen, McCaslin, Snyder, Hargrove, Bauer, Haugen, Loveland, Vognild, Ludwig and Linda Smith on page 144, after line 26, to the striking amendment by Senators Talmadge and Gaspard, deferred earlier today.
RULING BY THE PRESIDENT
President Pritchard: "In ruling upon the point of order raised by Senator Talmadge, the President finds that Engrossed Second Substitute House Bill No. 2319 is a measure which establishes various programs to prevent and control violence and includes a recognition of the relationship between minor work rules and youth violence programs.
"The amendment proposed by Senators McDonald, Owen, McCaslin, Snyder, Hargrove, Bauer, Haugen, Loveland, Vognild, Ludwig and Linda Smith on page 144, after line 26, to the striking amendment by Senators Talmadge and Gaspard would establish specific minor work rules.
"The President, therefore, finds that the proposed amendment to the striking amendment does not change the scope and object of the bill and the point of order is not well taken."
The amendment by Senators McDonald, Owen, McCaslin, Snyder, Hargrove, Bauer, Haugen, Loveland, Vognild, Ludwig and Linda Smith on page 144, after line 26, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319 was ruled in order.
The President declared the question before the Senate to be the adoption of the amendment by Senators McDonald, Owen, McCaslin, Snyder, Hargrove, Bauer, Haugen, Loveland, Vognild, Ludwig and Linda Smith on page 144, after line 26, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319.
Debate ensued.
The motion by Senator McDonald carried and the amendment to the striking amendment was adopted on a rising vote.
MOTION
Senator Pelz moved that the following amendment to the striking amendment by Senators Talmadge and Gaspard be adopted:
Beginning on page 147, after line 22 of the amendment, strike all the material down to and including "policies." on page 147, line 34
Renumber the remaining sections consecutively and correct any internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Pelz on page 147, after line 22, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319.
The motion by Senator Pelz failed and the amendment to the striking amendment was not adopted on a rising vote.
MOTION
Senator Vognild moved that the following amendment to the striking amendment by Senators Talmadge and Gaspard be adopted:
On page 153, line 10, strike Section 703
MOTION
On motion of Senator Vognild, and there being no objection, the amendment on page 153, line 10, to the striking amendment by Senators Talmadge and Gaspard was withdrawn.
MOTION
Senator Sutherland moved that the following amendments by Senators Sutherland, West, Deccio, Anderson, Moore, Franklin, Moyer, Amondson, Bauer, Hargrove, Morton, Prentice, Schow, Sellar and Oke to the striking amendment by Senators Talmadge and Gaspard be considered simultaneously and be adopted:
On page 156, line 28, strike "five" and insert "six and one-fourth"
On page 157, after line 15, strike all of sections 706 and 707
Renumber the sections consecutively and correct any internal references accordingly"
PARLIAMENTARY INQUIRY
Senator Snyder: "A parliamentary inquiry, Mr. President. I have an amendment to the same two sections and I would like to get a ruling from the Chair if this amendment passes, would my amendment still be in order or would it be out of order?"
REPLY BY THE PRESIDENT
President Pritchard: "Senator, if this amendment passes, your amendment would be out of order."
Senator Snyder: "Thank you, Mr. President."
Further debate ensued.
MOTION
On motion of Senator Oke, Senator Erwin was excused.
MOTION
On motion of Senator Amondson, his name will be removed as a sponsor of the amendments on page 156, line 28, and page 157, after line 15, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319.
Further debate ensued.
Senator Deccio demanded a roll call and the demand was sustained.
PARLIAMENTARY INQUIRY
Senator McCaslin: "A parliamentary inquiry, Mr. President. You said the roll call was not sustained and then you counted again--just a question, Mr. President."
REPLY BY THE PRESIDENT
President Pritchard: "It shows that I am not infallible."
Senator McCaslin: "I knew that before I asked the question."
The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senators Sutherland, West, Deccio, Anderson, Moore, Franklin, Moyer, Bauer, Hargrove, Morton, Prentice, Schow, Sellar and Oke on page 156, line 28, and page 157, after line 15, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319.
ROLL CALL
The Secretary called the roll and the amendments to the striking amendment were not adopted, the President voting 'nay,' by the following vote: Yeas, 24; Nays, 24; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Franklin, Hargrove, Hochstatter, McDonald, Morton, Moyer, Nelson, Newhouse, Oke, Roach, Schow, Sellar, Smith, A., Sutherland, West, Williams, Winsley and Wojahn - 24.
Voting nay: Senators Drew, Fraser, Gaspard, Haugen, Loveland, Ludwig, McAuliffe, McCaslin, Moore, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, L., Snyder, Spanel, Talmadge and Vognild - 24.
Excused: Senator Erwin - 1.
MOTIONS
On motion of Senator Snyder, the following amendments to the striking amendment by Senators Talmadge and Gaspard were considered simultaneously and were adopted:
On page 156 of the amendment, line 28, strike "((one and one-half)) five" and insert "((one)) two and one-half"
On page 157 of the amendment, strike all of section 706
Renumber the sections consecutively and correct any internal references accordingly.
Senator Williams moved that the following amendment by Senators Williams and Sutherland to the striking amendment by Senators Talmadge and Gaspard be adopted:
On page 158, after line 13, insert the following:
"NEW SECTION. Sec. 709. A new section is added to chapter 43.200 RCW to read as follows:
The director of ecology shall require that generators of waste pay a fee for each cubic foot of waste disposed at any facility in the state equal to thirty dollars. The fee shall be imposed specifically on the generator of the waste and shall not be considered to apply in any way to the low-level site operator's disposal activities. The fee on each cubic foot of waste shall be allocated in the following manner: Twenty-five dollars placed in the health services account and five dollars placed in the water quality account.
"Renumber the sections consecutively and correct any internal references accordingly.
POINT OF ORDER
Senator Nelson: "Mr. President, I rise to a point of order. I would like the President to rule on the scope and object of this amendment, which now deals with a totally new fee and tax that is in an area that is outside of the reference statutes with respect to the generation of funding for the violence programs in this state."
RULING BY THE PRESIDENT
President Pritchard: "The Chair rules that Senator Nelson's remarks are accurate and this is beyond the scope and object of the bill."
Senator Williams: "Mr. President, I wonder if you might give us your thoughts of why it is outside the scope and object."
President Pritchard: "Well, you will have to give us a little time. Senator Williams, the Chair feels that the new taxes are not sufficiently related to the bill on prevention of youth violence in either source or object."
Further debate ensued.
The amendment by Senators Williams and Sutherland on page 158, after line 13, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319 was ruled out of order.
MOTION
Senator Roach moved that the following amendment by Senators Roach and Quigley to the striking amendment by Senators Talmadge and Gaspard be adopted:
On page 52, after line 31, insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 9.41 RCW to read as follows:
A local governmental entity as defined by RCW 4.96.010(2) may close a firearm range training and practice facility only if the local governmental entity replaces the closed facility with another firearm range training and practice facility of at least equal capacity. A local governmental entity may close more than one firearm range training and practice facility and replace the closed facilities with a single firearm range training and practice facility, if the capacity of the replacement facility is at least as large as the combined capacities of the closed facilities.
A replacement firearm range training and practice facility must be open for use within thirty days of the closure of the replaced facility or facilities. Further, a replacement firearm range training and practice facility must be available for use by law enforcement personnel or the general public to the same extent as the replaced facility or facilities."
Renumber the remaining sections consecutively.
Debate ensued.
Senator Roach demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senators Roach and Quigley on page 52, after line 31, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319.
ROLL CALL
The Secretary called the roll and the amendment to the striking amendment was not adopted, the President voting 'nay,' by the following vote: Yeas, 23; Nays, 23; Absent, 2; Excused, 1.
Voting yea: Senators Amondson, Anderson, Cantu, Deccio, Hargrove, Hochstatter, Loveland, McAuliffe, McDonald, Morton, Nelson, Newhouse, Oke, Quigley, Rasmussen, M., Roach, Schow, Sellar, Sheldon, Skratek, Smith, L., West and Winsley - 23.
Voting nay: Senators Bauer, Drew, Fraser, Gaspard, Haugen, Ludwig, McCaslin, Moore, Moyer, Niemi, Owen, Pelz, Prentice, Prince, Rinehart, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 23.
Absent: Senators Bluechel and Franklin - 2.
Excused: Senator Erwin - 1.
MOTION
Senator Roach moved that the following amendment to the striking amendment by Senators Talmadge and Gaspard be adopted:
On page 53, line 15, delete subsection (3)
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Roach on page 53, line 15, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319.
The motion by Senator Roach failed and the amendment to the striking amendment was not adopted.
MOTION
Senator McDonald moved that the following amendment to the striking amendment by Senators Talmadge and Gaspard be adopted:
On page 151, after line 7 of the amendment, insert the following:
"NEW SECTION." Sec. 701. The legislature finds that K-12 educators in Washington face increasingly greater challenges in the classroom, including violent behavior. The legislature recognizes that in the face of these challenges, the teaching profession has kept the state's test scores above the national average.
The legislature also finds that although educators are asked to do steadily more than teach, educators have not received additional compensation accordingly. Rather, salaries in Washington, as compared to other states, have fallen from eighth in 1983 to seventeenth in 1993.
The legislature believes that educators deserve additional compensation this year. To maintain the morale of Washington's teaching professionals, it is the purpose of this act to grant the state's educators a three percent salary adjustment for the 1994-95 school year.
NEW SECTION. Sec. 702. A new section is added to 1993 sp.s. c 24 to read as follows:
The sum of $71,832,000, or as much thereof as may be necessary, is appropriated from the general fund to the superintendent of public instruction for allocation to school districts for the biennium ending June 30, 1995, to provide a three percent ad hoc salary adjustment for the 1994-95 school year for all state-supported certificated instructional staff, state-supported certificated administrative staff, and state-supported classified staff, effective September 1, 1994."
Renumber remaining sections consecutively and correct internal references accordingly
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator McDonald on page 151, after line 7, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319.
The motion by Senator McDonald failed and the amendment to the striking amendment was not adopted.
MOTION
Senator Roach moved that the following amendment to the striking amendment by Senators Talmadge and Gaspard be adopted:
On page 52, line 34, delete "class C felony" and insert "gross misdemeanor"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Roach on page 52, line 34, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319.
The motion by Senator Roach failed and the amendment to the striking amendment was not adopted.
MOTION
Senator Roach moved that the following amendment to the striking amendment by Senators Talmadge and Gaspard be adopted:
On page 55, line 29, after "who" insert "knowingly"
Debate ensued.
MOTION
On motion of Senator Roach, and there being no objection, the amendment on page 55, line 29, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319 was withdrawn.
MOTION
Senator Amondson moved that the following amendment by Senators Amondson and Linda Smith to the striking amendment by Senators Talmadge and Gaspard be adopted:
On page 157, beginning on line 16 of the amendment, strike all of sections 706 and 707 and insert the following:
"NEW SECTION. Sec. 706. Any revenue shortfall due to the exclusion of additional taxes on carbonated beverages from chapter . . ., Laws of 1994 (this act) shall not be compensated for with additional taxes."
Renumber the remaining sections consecutively and correct any internal references accordingly.
POINT OF ORDER
Senator Snyder: "A point of order, Mr. President. Earlier when Senator Sutherland had offered his amendment, I raised a point of inquiry as to whether my amendment would be in order if Senator Sutherland's passed. You ruled that my amendment would not be in order and so my amendment was adopted to--one section was 706--so I think that Senator Amondson's amendment to strike 706 would now be out of order under your previous ruling."
Further debate ensued.
RULING BY THE PRESIDENT
President Pritchard: "In ruling upon the point of order raised by Senator Snyder, the reference to 706 is really surplus here, since the body has already acted on the section. The striking of 707 is an insertion of new language and is a new proposition and the designation is for renumbering convenience, so the amendment is in order."
The amendment by Senator Amondson on page 157, beginning on line 16, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319 was ruled in order.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Amondson on page 157, beginning on line 16, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319.
The motion by Senator Amondson failed and the amendment to the striking amendment was not adopted.
PARLIAMENTARY INQUIRY
Senator Gaspard: "Mr. President, I rise for a question of parliamentary inquiry. Would you please rule on the amendment to the striking amendment by Senators Nelson, Amondson, McDonald, Roach, Schow, Anderson and Linda Smith on page 57, after line 21, that was adopted by this body--whether that amendment would make changes to Initiative 593 and, therefore, would require a two-thirds vote if we were to continue with this amendment in this package and adopt the bill in final passage?"
RULING BY THE PRESIDENT
President Pritchard: "It appears that the amendment by Senators Nelson, Amondson, McDonald, Roach, Schow, Anderson and Linda Smith on page 57, after line 21, to the striking amendment by Senators Talmadge and Gaspard, and adopted by the Senate, would have the effect of increasing offender scores by lengthening the time that some offenses may be used for sentencing purposes.
"The President feels, therefore, that final passage of the bill would require a two-thirds vote."
MOTION FOR RECONSIDERATION
Having voted on the prevailing side, Senator Talmadge moved to reconsider the vote by which the amendment by Senators Nelson, Amondson, McDonald, Roach, Schow, Anderson and Linda Smith on page 57, after line 21, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319, was adopted.
The President declared the question before the Senate to be the motion by Senator Talmadge to reconsider the vote by which the amendment by Senators Nelson, Amondson, McDonald, Roach, Schow, Anderson and Linda Smith on page 57, after line 21, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319, was adopted.
Debate ensued.
The motion by Senator Talmadge carried and the Senate will reconsider the vote by which the amendment by Senators Nelson, Amondson, McDonald, Roach, Schow, Anderson and Linda Smith on page 57, after line 21, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319, was adopted.
MOTION
Senator Talmadge moved that the amendment by Senators Nelson, Amondson, McDonald, Roach, Schow, Anderson and Linda Smith on page 57, after line 21, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319 not be adopted, on reconsideration.
The motion by Senator Talmadge carried and the amendment by Senators Nelson, Amondson, McDonald, Roach, Schow, Anderson and Linda Smith on page 57, after line 21, to the striking amendment by Senators Talmadge and Gaspard to Engrossed Second Substitute House Bill No. 2319, was not adopted, on reconsideration.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Talmadge and Gaspard, as amended, to Engrossed Second Substitute House Bill No. 2319.
The motion by Senator Talmadge carried and the striking amendment, as amended, was adopted.
MOTION
On motion of Senator Talmadge, the following title amendments were considered simultaneously and were adopted:
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, 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, 9A.56.040, 9A.56.160, 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, 28A.650.015, 66.24.210, 66.24.290, 82.08.150, 82.24.020, 82.64.020, and 69.50.520; amending 1993 sp.s. c 24 s 501 (uncodified); reenacting and amending RCW 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 a new section to chapter 74.14A RCW; adding a new section to Title 28A RCW; adding a new section to chapter 43.63A RCW; adding a new section to chapter 43.101 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 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 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, 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."
On page 159, line 21 of the title amendment, after "13.40.265," insert "9A.36.045, 9A.36.050, 9A.56.040, 9A.56.160,"
On page 159, line 24 of the title amendment, after "9.41.280," strike "9A.56.040, 9A.56.160,"
On page 159, line 24 of the title amendment, after "9.41.280," insert "9.94A.310, 9.94A.370,"
On page 159, line 30 of the title amendment, after "13.50.010," insert "49.12.390, 49.12.410, 49.12.420,"
On page 159 of the amendment, line 31, strike "82.64.020,"
On page 159, line 33 of the title amendment, after "amending RCW" insert "9.94A.320,"
On page 159, beginning on line 35 of the title amendment, after "70.190 RCW;" strike all material through "43.101 RCW;" on page 159, line 37 and page 160, line 1
On page 160, line 5 of the title amendment, after "9.94A RCW;" insert "adding a new section to chapter 9A.36 RCW; adding new sections to chapter 9A.56 RCW;"
On page 160, line 5 of the title amendment, after "9.94A RCW;" insert "adding a new section to chapter 4.24 RCW;"
On page 160, line 7 of the title amendment, after "28A.600 RCW;" insert "adding new sections to chapter 49.12 RCW;"
On page 160, line 14 of the title amendment, after "9.41.210," strike "and 9.41.230" and insert "9.41.230, 49.12.105, 49.12.121, and 49.12.123"
MOTION
On motion of Senator Talmadge, the rules were suspended, Engrossed Second Substitute House Bill No. 2319, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Deccio: "Senator Talmadge, I am going to ask a question about the pop taxes. I don't think we have heard the end of it yet. What we did with the amendment, did we repeal the sunset that now exists in present law on the drug omnibus funding?"
Senator Talmadge: "If the people vote to remove the sunset, in effect, we did--"
Senator Deccio: "Well, that was really my question. This still has to go on the ballot?"
Senator Talmadge: "That's correct."
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute House Bill No. 2319.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 2319, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 26; Nays, 23; Absent, 0; Excused, 0.
Voting yea: Senators Bluechel, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Moore, Moyer, Niemi, Owen, Pelz, Prentice, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Talmadge, Vognild, Williams, Winsley and Wojahn - 26.
Voting nay: Senators Amondson, Anderson, Bauer, Cantu, Deccio, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Morton, Nelson, Newhouse, Oke, Prince, Quigley, Roach, Schow, Sellar, Smith, L., Sutherland and West - 23.
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2319, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
PARLIAMENTARY INQUIRY
Senator Snyder: "Mr. President, earlier in the evening, shortly after five o'clock, I asked if you would rule on whether we could take a vote on Engrossed House Bill No. 2161."
RULING BY THE PRESIDENT
President Pritchard: "In ruling on the parliamentary inquiry by Senator Snyder, the President finds that, in conformity with longstanding precedent, if the Senate has reached the time of a special order, and consideration of the special order of business goes past the cutoff time, the Senate is permitted to return to the measure it was working on prior to the special order. However, only one such measure can be so considered, so your request would be denied."
Senator Snyder: "I have a further inquiry. What if we don't take up--I can't remember the bill number--welfare reform? If we don't take that up, that is the bill we were working on, and the previous one was Engrossed House Bill No. 2161, so would that be back--"
RULING BY THE PRESIDENT
President Pritchard: "Senator Snyder, the President is going to rule that following long standing custom, we will go back to the one measure and if the body decides not to take up that one measure, then that is it. We are all through."
MOTION
At 11:53 p.m., on motion of Senator Spanel, the Senate adjourned until 10:00 a.m., Saturday, March 5, 1994.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate