NOTICE: Formatting and page numbering in this document may be different
from that in the original published version.
ONE HUNDREDTH DAY
------------
MORNING SESSION
------------
Senate Chamber, Olympia, Tuesday, April 18, 1995
The Senate was called to order at 9:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Cal Anderson, Fraser, Haugen, Johnson, McAuliffe, Morton, Rasmussen, Sheldon and Swecker. On motion of Senator Loveland, Senator Cal Anderson was excused.
The Sergeant at Arms Color Guard, consisting of Pages Ashley Adler and Emily Whipple, presented the Colors. Reverend Ed Evans, pastor of the United Church of Christ in Blaine, Washington, and a guest of Secretary of State Ralph Munro, offered the prayer.
MOTION
On motion of Senator Spanel, the reading of the Journal of the previous day was dispensed with and it was approved.
MESSAGES FROM THE HOUSE
April 17, 1995
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1046, and passed the bill as amended by the Senate.
TIMOTHY A. MARTIN, Chief Clerk
April 17, 1995
MR. PRESIDENT:
The Speaker has signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1046,
SUBSTITUTE HOUSE BILL NO. 1220,
SUBSTITUTE HOUSE BILL NO. 1248,
SUBSTITUTE HOUSE BILL NO. 1432,
SUBSTITUTE HOUSE BILL NO. 1677,
HOUSE JOINT MEMORIAL NO. 4028,
HOUSE JOINT MEMORIAL NO. 4029, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 17, 1995
MR. PRESIDENT:
The Speaker has signed:
SENATE BILL NO. 5728,
ENGROSSED SENATE NO. 5876, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE HOUSE BILL NO. 1220,
SUBSTITUTE HOUSE BILL NO. 1248,
SUBSTITUTE HOUSE BILL NO. 1432,
SUBSTITUTE HOUSE BILL NO. 1677,
HOUSE JOINT MEMORIAL NO. 4028,
HOUSE JOINT MEMORIAL NO. 4029.
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SENATE BILL NO. 5019,
SENATE BILL NO. 5029,
SENATE BILL NO. 5039,
SECOND SUBSTITUTE SENATE BILL NO. 5088,
SENATE BILL NO. 5142,
SUBSTITUTE SENATE BILL NO. 5182,
SUBSTITUTE SENATE BILL NO. 5183,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5190,
SUBSTITUTE SENATE BILL NO. 5209,
SENATE BILL NO. 5239,
SENATE BILL NO. 5267,
SENATE BILL NO. 5275,
SENATE BILL NO. 5282,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5342,
SENATE BILL NO. 5378,
SENATE BILL NO. 5399,
SUBSTITUTE SENATE BILL NO. 5402,
SUBSTITUTE SENATE BILL NO. 5403.
MOTION
At 9:08 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 11:50 a.m. by President Pritchard.
MESSAGE FROM THE HOUSE
April 18, 1995
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to the following bills and passed the bills as amended by the Senate:
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1009,
SUBSTITUTE HOUSE BILL NO. 1035,
SUBSTITUTE HOUSE BILL NO. 1047,
SUBSTITUTE HOUSE BILL NO. 1053.
TIMOTHY A. MARTIN, Chief Clerk
MESSAGE FROM THE HOUSE
April 10, 1995
MR. PRESIDENT:
The House has passed SECOND SUBSTITUTE SENATE BILL NO. 5157, with the following amendment(s):
On page 1, after line 14, insert the following:
"The legislature further declares that the establishment of other incentives for commercial fishing and fish processing in Washington will complement the program of selective harvest in mixed stock fisheries anticipated by this legislation."
On page 2, after line 28, insert the following:
"Sec. 4. RCW 75.08.011 and 1994 c 255 s 2 are each amended to read as follows:
As used in this title or rules of the director, unless the context clearly requires otherwise:
(1) "Director" means the director of fish and wildlife.
(2) "Department" means the department of fish and wildlife.
(3) "Person" means an individual or a public or private entity or organization. The term "person" includes local, state, and federal government agencies, and all business organizations, including corporations and partnerships.
(4) "Fisheries patrol officer" means a person appointed and commissioned by the director, with authority to enforce this title, rules of the director, and other statutes as prescribed by the legislature. Fisheries patrol officers are peace officers.
(5) "Ex officio fisheries patrol officer" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio fisheries patrol officer" also includes wildlife agents, special agents of the national marine fisheries service, United States fish and wildlife special agents, state parks commissioned officers, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.
(6) "To fish," "to harvest," and "to take" and their derivatives mean an effort to kill, injure, harass, or catch food fish or shellfish.
(7) "State waters" means all marine waters and fresh waters within ordinary high water lines and within the territorial boundaries of the state.
(8) "Offshore waters" means marine waters of the Pacific Ocean outside the territorial boundaries of the state, including the marine waters of other states and countries.
(9) "Concurrent waters of the Columbia river" means those waters of the Columbia river that coincide with the Washington-Oregon state boundary.
(10) "Resident" means a person who has maintained a permanent place of abode within the state for at least ninety days immediately preceding an application for a license, has established by formal evidence an intent to continue residing within the state, and who is not licensed to hunt or fish as a resident in another state.
(11) "Nonresident" means a person who has not fulfilled the qualifications of a resident.
(12) "Food fish" means those species of the classes:
(a) Osteichthyes, except all species of tuna, mackerel, and jack;
(b) Agnatha((,)); and
(c) Chondrichthyes
that have been classified and that shall not be fished for except as authorized by rule of the director. The term "food fish" includes all stages of development and the bodily parts of food fish species.
(13) "Shellfish" means those species of marine and freshwater invertebrates that have been classified and that shall not be taken except as authorized by rule of the director. The term "shellfish" includes all stages of development and the bodily parts of shellfish species.
(14) "Salmon" means all species of the genus Oncorhynchus, except those classified as game fish in Title 77 RCW, and includes:
Scientific Name Common Name
Oncorhynchus tshawytscha Chinook salmon
Oncorhynchus kisutch Coho salmon
Oncorhynchus keta Chum salmon
Oncorhynchus gorbuscha Pink salmon
Oncorhynchus nerka Sockeye salmon
(15) "Commercial" means related to or connected with buying, selling, or bartering. Fishing for food fish or shellfish with gear unlawful for fishing for personal use, or possessing food fish or shellfish in excess of the limits permitted for personal use are commercial activities.
(16) "To process" and its derivatives mean preparing or preserving food fish or shellfish.
(17) "Personal use" means for the private use of the individual taking the food fish or shellfish and not for sale or barter.
(18) "Angling gear" means a line attached to a rod and reel capable of being held in hand while landing the fish or a hand-held line operated without rod or reel.
(19) "Open season" means those times, manners of taking, and places or waters established by rule of the director for the lawful fishing, taking, or possession of food fish or shellfish. "Open season" includes the first and last days of the established time.
(20) "Fishery" means the taking of one or more particular species of food fish or shellfish with particular gear in a particular geographical area.
(21) "Limited-entry license" means a license subject to a license limitation program established in chapter 75.30 RCW.
(22) "Seaweed" means marine aquatic plant species that are dependent upon the marine aquatic or tidal environment, and exist in either an attached or free floating form, and includes but is not limited to marine aquatic plants in the classes Chlorophyta, Phaeophyta, and Rhodophyta.
Sec. 5. RCW 82.27.010 and 1985 c 413 s 1 are each amended to read as follows:
As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Enhanced food fish" includes all species of food fish, except all species of tuna, mackerel, and jack; shellfish((,)); and anadromous game fish, including byproducts and parts thereof, originating within the territorial and adjacent waters of Washington and salmon originating from within the territorial and adjacent waters of Oregon, Washington, and British Columbia, and all troll-caught Chinook salmon originating from within the territorial and adjacent waters of southeast Alaska. As used in this subsection, "adjacent" waters of Oregon, Washington, and Alaska are those comprising the United States fish conservation zone; "adjacent" waters of British Columbia are those comprising the Canadian two hundred mile exclusive economic zone; and "southeast Alaska" means that portion of Alaska south and east of Cape Suckling to the Canadian border. For purposes of this chapter, point of origination is established by a document which identifies the product and state or province in which it originates, including, but not limited to fish tickets, bills of lading, invoices, or other documentation required to be kept by governmental agencies.
(2) "Commercial" means related to or connected with buying, selling, bartering, or processing.
(3) "Possession" means the control of enhanced food fish by the owner and includes both actual and constructive possession. Constructive possession occurs when the person has legal ownership but not actual possession of the enhanced food fish.
(4) "Anadromous game fish" means steelhead trout and anadromous cutthroat trout and Dolly Varden char and includes byproducts and also parts of anadromous game fish, whether fresh, frozen, canned, or otherwise.
(5) "Landed" means the act of physically placing enhanced food fish (a) on a tender in the territorial waters of Washington; or (b) on any land within or without the state of Washington including wharves, piers, or any such extensions therefrom.
NEW SECTION. Sec. 6. A new section is added to Title 75 RCW to read as follows:
The department may require the reporting of catch data and other relevant data for the commercial landing of tuna, mackerel, and jack.
"Renumber the remaining sections consecutively and correct internal references accordingly.
On page 1, line 2 of the title, after "salmon;" insert "amending RCW 75.08.011 and 82.27.010;", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Drew, the Senate refuses to concur in the House amendments to Second Substitute Senate Bill No. 5157 and asks the House to recede therefrom.
MESSAGE FROM THE HOUSE
April 6, 1995
MR. PRESIDENT:
The House has passed ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5439, with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 13.32A.010 and 1979 c 155 s 15 are each amended to read as follows:
The legislature finds that within any group of people there exists a need for guidelines for acceptable behavior and that, presumptively, experience and maturity are better qualifications for establishing guidelines beneficial to and protective of individual members and the group as a whole than are youth and inexperience. The legislature further finds that it is the right and responsibility of adults to establish laws for the benefit and protection of the society; and that, in the same manner, the right and responsibility for establishing reasonable guidelines for the family unit belongs to the adults within that unit. The legislature reaffirms its position stated in RCW 13.34.020 that the family unit is the fundamental resource of American life which should be nurtured and that it should remain intact in the absence of compelling evidence to the contrary.
The legislature recognizes that the public is concerned about the growing problem with runaways. The legislature further recognizes that children have run away from home, are substance abusers, or have serious acting out behaviors and their parents have sought help. The legislature recognizes that families with children who are endangering themselves and others by their behavior also need services.
The legislature finds that many parents do not know their rights regarding their adolescent children and law enforcement, and parents and courts feel they have insufficient legal recourse for the chronic runaway child who is endangering himself or herself through his or her behavior. The legislature further finds that the juvenile justice reform enacted in 1977 does not adequately protect youth and families and that chronic runaways with substantial problems are left without adequate protection or legal recourse.
The legislature further recognizes that for chronic runaways whose behavior puts them in serious danger of harming themselves or others, secure facilities must be provided to assist parents and protect their children. The legislature intends, in chapter . . ., Laws of 1995 (this act), to give tools to law enforcement, courts, and parents to keep families together and reunite them whenever possible.
The legislature intends to provide for the protection of children who, through their behavior, are endangering themselves. The legislature intends to provide appropriate residential services, including secure facilities, to protect, stabilize, and treat children with serious problems. The legislature further intends to empower parents by providing them with the assistance they require to raise their children.
NEW SECTION. Sec. 2. This act may be known and cited as the "Becca bill."
Sec. 3. RCW 13.32A.030 and 1990 c 276 s 3 are each amended to read as follows:
As used in this chapter the following terms have the meanings indicated unless the context clearly requires otherwise:
(1) "Department" means the department of social and health services;
(2) "Child," "juvenile," and "youth" mean any individual who is under the chronological age of eighteen years;
(3) "Parent" means the legal custodian(s) or guardian(s) of a child;
(4) "((Semi-secure)) Secure facility" means any facility, including but not limited to crisis residential centers or specialized foster family homes, operated in a manner to reasonably assure that youth placed there will not run away((: PROVIDED, That such facility shall not be a secure institution or facility as defined by the federal juvenile justice and delinquency prevention act of 1974 (P.L. 93-415; 42 U.S.C. Sec. 5634 et seq.) and regulations and clarifying instructions promulgated thereunder. Pursuant to rules established by the department, the facility administrator shall establish reasonable hours for residents to come and go from the facility such that no residents are free to come and go at all hours of the day and night. To prevent residents from taking unreasonable actions, the facility administrator, where appropriate, may condition a resident's leaving the facility upon the resident being accompanied by the administrator or the administrator's designee and the resident may be required to notify the administrator or the administrator's designee of any intent to leave, his or her intended destination, and the probable time of his or her return to the center. The facility administrator shall notify a parent and the appropriate law enforcement agency within four hours of all unauthorized leaves));
(5) "Multidisciplinary team" means those persons involved in helping a child who meets the definition of an at-risk youth. This group shall include the parent, guardian, or custodian, a department case worker, a representative of the counties, and a member of the following disciplines: Mental health and substance abuse. This group may include, but is not limited to the following persons: Educators, law enforcement personnel, probation officers, employers, church persons, tribal members, a member of the child's cultural community, therapists, medical personnel, social service providers, placement providers, and extended family members. Team members shall be volunteers who do not receive compensation for team activities unless an individual team member's employer chooses to provide such compensation.
(6) "At-risk youth" means an individual under the chronological age of eighteen years who:
(a) Is absent from home for more than seventy-two consecutive hours without consent of his or her parent;
(b) Is beyond the control of his or her parent such that the child's behavior substantially endangers the health, safety, or welfare of the child or any other person; or
(c) Has a serious substance abuse problem for which there are no pending criminal charges related to the substance abuse.
NEW SECTION. Sec. 4. A new section is added to chapter 13.32A RCW to read as follows:
The department shall establish appropriate security requirements for all crisis residential centers. The requirements shall be designed to prevent children from leaving the centers without authorization. Security requirements may include, but not be limited to, locked doors and windows, electronic monitoring bracelets, and perimeter fences or patrols. The crisis residential center administrator shall notify parents and the appropriate law enforcement within four hours of all unauthorized leaves.
Sec. 5. RCW 13.32A.040 and 1994 c 304 s 3 are each amended to read as follows:
Families who are in conflict or who are experiencing problems with at-risk youth may request family reconciliation services from the department. The department shall involve the local multidisciplinary teams in determining the services to be provided and in providing those services, if a local multidisciplinary team exists. Such services shall be provided to alleviate personal or family situations which present a serious and imminent threat to the health or stability of the child or family and to maintain families intact wherever possible. Family reconciliation services shall be designed to develop skills and supports within families to resolve problems related to at-risk youth or family conflicts and may include but are not limited to referral to services for suicide prevention, psychiatric or other medical care, or psychological, welfare, legal, educational, or other social services, as appropriate to the needs of the child and the family. Upon a referral by a school or other appropriate agency, family reconciliation services may also include training in parenting, conflict management, and dispute resolution skills.
Sec. 6. RCW 13.32A.130 and 1994 sp.s. c 7 s 508 are each amended to read as follows:
A child admitted to a crisis residential center under this chapter who is not returned to the home of his or her parent or who is not placed in an alternative residential placement under an agreement between the parent and child, shall, except as provided for by RCW 13.32A.140 and 13.32A.160(2), reside in the placement under the rules established for the center for a period not to exceed five consecutive days from the time of intake, except as otherwise provided by this chapter. Crisis residential center staff shall make ((a concerted)) every reasonable effort to protect the child and achieve a reconciliation of the family. If a reconciliation, using family reconciliation services, and voluntary return of the child has not been achieved within forty-eight hours from the time of intake, and if the person in charge of the center does not consider it likely that reconciliation will be achieved within the five-day period, then the ((person in charge shall inform the parent and child of (1) the availability of counseling services; (2) the right to file a petition for an alternative residential placement, the right of a parent to file an at-risk youth petition, and the right of the parent and child to obtain assistance in filing the petition; and (3) the right to request a review of any alternative residential placement)) facility administrator or his or her designee shall immediately convene the multidisciplinary team, if one exists.
At no time shall information regarding a parent's or child's rights be withheld if requested. The department shall develop and distribute to all law enforcement agencies and to each crisis residential center administrator a written statement delineating the services and rights. Every officer taking a child into custody shall provide the child and his or her parent(s) or responsible adult with whom the child is placed with a copy of the statement. In addition, the administrator of the facility or his or her designee shall provide every resident and parent with a copy of the statement.
NEW SECTION. Sec. 7. A new section is added to chapter 13.32A RCW to read as follows:
(1) Each county shall have the authority to assemble a multidisciplinary team. To the extent possible, the multidisciplinary team shall draw upon existing community resources.
(2) The multidisciplinary team, if one exists, shall make every reasonable effort to protect the child and achieve a reconciliation of the family whenever possible. If a crisis residential center administrator or his or her designee makes a referral, the team must respond as soon as possible but no later than twelve hours after the referral is made. The team shall have the authority to assess the juvenile, and family members, if appropriate and agreed to, and shall:
(a) With parental input, develop a plan of appropriate available services and assist the family in obtaining those services;
(b) Make a referral to the designated chemical dependency specialist or the county designated mental health professional, if appropriate;
(c) Recommend no further intervention because the juvenile and his or her family have resolved the problem causing the family conflict; or
(d) With the family's consent, work with the family on a longer-term basis to achieve reconciliation of the child and family, whenever possible.
(3) To the maximum extent possible, the members of the multidisciplinary team shall include members who are representative of the cultures in the family's community.
NEW SECTION. Sec. 8. A new section is added to chapter 13.32A RCW to read as follows:
(1) The purpose of the multidisciplinary team is to coordinate and communicate about services offered to the child and family.
(2) At the first meeting of the multidisciplinary team, it shall choose a member to act as case manager for the family. The parent member of the multidisciplinary team must agree with the choice of case manager. Thereafter, the team shall meet periodically.
Sec. 9. RCW 13.32A.140 and 1990 c 276 s 9 are each amended to read as follows:
((The department shall)) A juvenile, his or her parent, guardian, or custodian, or the case manager of the multidisciplinary team may file a petition to approve an alternative residential placement on behalf of a child under any of the following sets of circumstances:
(1) The child has been admitted to a crisis residential center or has been placed with a responsible person other than his or her parent, and:
(a) The parent has been notified that the child was so admitted or placed;
(b) Seventy-two hours, including Saturdays, Sundays, and holidays, have passed since such notification;
(c) No agreement between the parent and the child as to where the child shall live has been reached;
(d) No petition requesting approval of an alternative residential placement has been filed by either the child or parent or legal custodian;
(e) The parent has not filed an at-risk youth petition; and
(f) The child has no suitable place to live other than the home of his or her parent.
(2) The child has been admitted to a crisis residential center and:
(a) Seventy-two hours, including Saturdays, Sundays, and holidays, have passed since such placement;
(b) The staff, after searching with due diligence, have been unable to contact the parent of such child; and
(c) The child has no suitable place to live other than the home of his or her parent.
(3) An agreement between parent and child made pursuant to RCW 13.32A.090(2)(e) or pursuant to RCW 13.32A.120(1) is no longer acceptable to parent or child, and:
(a) The party to whom the arrangement is no longer acceptable has so notified the department;
(b) Seventy-two hours, including Saturdays, Sundays, and holidays, have passed since such notification;
(c) No new agreement between parent and child as to where the child shall live has been reached;
(d) No petition requesting approval of an alternative residential placement has been filed by either the child or the parent;
(e) The parent has not filed an at-risk youth petition; and
(f) The child has no suitable place to live other than the home of his or her parent.
Under the circumstances of subsections (1), (2), or (3) of this section, the child shall remain in a licensed child care facility, including but not limited to a crisis residential center, or in any other suitable residence to be determined by the department until an alternative residential placement petition filed by the department on behalf of the child is reviewed by the juvenile court and is resolved by such court. The department may authorize emergency medical or dental care for a child placed under this section. The state, when the department files a petition for alternative residential placement under this section, shall be represented as provided for in RCW 13.04.093.
Sec. 10. RCW 13.32A.150 and 1992 c 205 s 208 are each amended to read as follows:
(1) Except as otherwise provided in this section the juvenile court shall not accept the filing of an alternative residential placement petition by the child or the parents or the filing of an at-risk youth petition by the parent, unless verification is provided that a family assessment has been completed by the department. The family assessment provided by the department shall involve the multidisciplinary team as provided in RCW 13.32A.040, if one exists. The family assessment or plan of services developed by the multidisciplinary team shall be aimed at family reconciliation, reunification, and avoidance of the out-of-home placement of the child. If the department is unable to complete an assessment within two working days following a request for assessment the child or the parents may proceed under subsection (2) of this section or the parent may proceed under subsection (3) of this section.
(2) A child or a child's parent may file with the juvenile court a petition to approve an alternative residential placement for the child outside the parent's home. The department shall, when requested, assist either a parent or child in the filing of the petition. The petition shall only ask that the placement of a child outside the home of his or her parent be approved. The filing of a petition to approve such placement is not dependent upon the court's having obtained any prior jurisdiction over the child or his or her parent, and confers upon the court a special jurisdiction to approve or disapprove an alternative residential placement.
(3) A child's parent may file with the juvenile court a petition in the interest of a child alleged to be an at-risk youth. The department shall, when requested, assist the parent in filing the petition. The petition shall be filed in the county where the petitioning parent resides. The petition shall set forth the name, age, and residence of the child and the names and residence of the child's parents and shall allege that:
(a) The child is an at-risk youth as defined in this chapter;
(b) The petitioning parent has the right to legal custody of the child;
(c) Court intervention and supervision are necessary to assist the parent to maintain the care, custody, and control of the child; and
(d) Alternatives to court intervention have been attempted or there is good cause why such alternatives have not been attempted.
The petition shall set forth facts that support the allegations in this subsection and shall generally request relief available under this chapter. The petition need not specify any proposed disposition following adjudication of the petition. The filing of an at-risk youth petition is not dependent upon the court's having obtained any prior jurisdiction over the child or his or her parent and confers upon the court the special jurisdiction to assist the parent in maintaining parental authority and responsibility for the child. An at-risk youth petition may not be filed if the court has approved an alternative residential placement petition regarding the child or if the child is the subject of a proceeding under chapter 13.34 RCW. A petition may be accepted for filing only if alternatives to court intervention have been attempted. Juvenile court personnel may screen all at-risk youth petitions and may refuse to allow the filing of any petition that lacks merit, fails to comply with the requirements of this section, or fails to allege sufficient facts in support of allegations in the petition.
Sec. 11. RCW 13.50.010 and 1994 sp.s. c 7 s 541 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 multidisciplinary team formed under chapter 13.32A RCW, 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 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. The court may also permit inspection by or release to individuals or agencies, including juvenile justice advisory committees of county law and justice councils, 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.
Sec. 12. RCW 13.32A.050 and 1994 sp.s. c 7 s 505 are each amended to read as follows:
A law enforcement officer shall take a child into custody:
(1) If a law enforcement agency has been contacted by the parent of the child that the child is absent from parental custody without consent; or
(2) If a law enforcement officer reasonably believes, considering the child's age, the location, and the time of day, that a child is in circumstances which constitute a danger to the child's safety or that a child is violating a local curfew ordinance; or
(3) If an agency legally charged with the supervision of a child has notified a law enforcement agency that the child has run away from placement; or
(4) If a law enforcement agency has been notified by the juvenile court that the court finds probable cause exists to believe that the child has violated a court placement order issued pursuant to chapter 13.32A RCW or that the court has issued an order for law enforcement pick-up of the child under this chapter.
Law enforcement custody shall not extend beyond the amount of time reasonably necessary to transport the child to a destination authorized by law and to place the child at that destination.
An officer who takes a child into custody under this section and places the child in a designated crisis residential center shall inform the department of such placement within twenty-four hours.
(5) Nothing in this section affects the authority of any political subdivision to make regulations concerning the conduct of minors in public places by ordinance or other local law.
(6) If a law enforcement officer receives a report that causes the officer to have reasonable suspicion that a child is being harbored under RCW 13.32A.080 or for other reasons has a reasonable suspicion that a child is being ((unlawfully)) harbored under RCW 13.32A.080, the officer shall remove the child from the custody of the person harboring the child and shall transport the child to one of the locations specified in RCW 13.32A.060.
Sec. 13. RCW 13.32A.060 and 1994 sp.s. c 7 s 506 are each amended to read as follows:
(1) An officer taking a child into custody under RCW 13.32A.050 (1) or (2) shall inform the child of the reason for such custody and shall either:
(a) Transport the child to his or her home. The officer releasing a child into the custody of the parent shall inform the parent of the reason for the taking of the child into custody and shall inform the child and the parent of the nature and location of appropriate services available in their community; or
(b) Take the child to the home of an ((adult)) extended family member, a designated crisis residential center, or the home of a responsible adult after attempting to notify the parent or legal guardian:
(i) If the child expresses fear or distress at the prospect of being returned to his or her home which leads the officer to believe there is a possibility that the child is experiencing in the home some type of child abuse or neglect, as defined in RCW 26.44.020, as now law or hereafter amended; or
(ii) If it is not practical to transport the child to his or her home; or
(iii) If there is no parent available to accept custody of the child.
The officer releasing a child into the custody of an extended family member or a responsible adult shall inform the child and the extended family member or responsible adult of the nature and location of appropriate services available in the community.
(2) An officer taking a child into custody under RCW 13.32A.050 (3) or (4) shall inform the child of the reason for custody((, and)). An officer taking a child into custody under RCW 13.32A.050(3) shall take the child to a designated crisis residential center licensed by the department and established pursuant to chapter 74.13 RCW. ((However,)) An officer taking a child into custody under RCW 13.32A.050(4) ((may)) shall place the child in a juvenile detention facility as provided in RCW 13.32A.065. The department shall ensure that all the enforcement authorities are informed on a regular basis as to the location of the designated crisis residential center or centers in their judicial district, where children taken into custody under RCW 13.32A.050 may be taken.
(3) "Extended family members" means an adult who is a grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin with whom the child has a relationship and is comfortable, and who is willing and available to care for the child.
Sec. 14. RCW 13.32A.065 and 1981 c 298 s 4 are each amended to read as follows:
(1) A child ((may)) shall be placed in detention after being taken into custody pursuant to RCW 13.32A.050(4). The court shall hold a detention review hearing within twenty-four hours, excluding Saturdays, Sundays, and holidays. The court shall release the child after twenty-four hours, excluding Saturdays, Sundays, and holidays, unless:
(a) A motion and order to show why the child should not be held in contempt has been filed and served on the child at or before the detention hearing; and
(b) The court believes that the child would not appear at a hearing on contempt.
(2) If the court orders the child to remain in detention, the court shall set the matter for a hearing on contempt within seventy-two hours, excluding Saturdays, Sundays, and holidays.
Sec. 15. RCW 13.32A.070 and 1986 c 288 s 2 are each amended to read as follows:
(1) Except when expressly required otherwise in this chapter, an officer taking a child into custody under RCW 13.32A.050 may, at his or her discretion, transport the child to the home of a responsible adult who is other than the child's parent or extended family member where the officer reasonably believes that the child will be provided with adequate care and supervision and that the child will remain in the custody of such adult until such time as the department can bring about the child's return home or an alternative residential placement can be agreed to or determined pursuant to this chapter. An officer placing a child with a responsible adult other than his or her parent or extended family member shall immediately notify the department's local community service office of this fact and of the reason for taking the child into custody.
(2) A law enforcement officer acting in good faith pursuant to this chapter in failing to take a child into custody, in taking a child into custody, or in releasing a child to a person other than a parent or extended family member of such child is immune from civil or criminal liability for such action.
(3) A person other than a parent of such child who receives a child pursuant to this chapter and who acts reasonably and in good faith in doing so is immune from civil or criminal liability for the act of receiving such child. Such immunity does not release such person from liability under any other law including the laws regulating licensed child care and prohibiting child abuse.
(4) As used in this section, "extended family member" has the meaning prescribed in RCW 13.32A.060.
NEW SECTION. Sec. 16. A new section is added to chapter 13.32A RCW to read as follows:
(1) Any person who, without legal authorization, provides shelter to a minor and who knows at the time of providing the shelter that the minor is away from the parent's home without the permission of the parent, shall promptly report the location of the child to a local law enforcement agency. The report may be made by telephone or any other reasonable means.
(2) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this section.
(a) "Shelter" means the person's home or any structure over which the person has any control.
(b) "Promptly report" means to report within four hours after the person has knowledge that the minor is away from home without parental permission.
(c) "Parent" means any parent having legal custody of the child, whether individually or joint.
(3) Violation of this section is a gross misdemeanor.
NEW SECTION. Sec. 17. A new section is added to chapter 46.20 RCW to read as follows:
When the department of licensing is provided with a notice under section 18 of this act, the department shall suspend for ninety days all driving privileges of the juvenile identified in the notice. To the extent it may be required to provide due process, the department may adopt rules to provide the juvenile with an opportunity to challenge the notice.
NEW SECTION. Sec. 18. A new section is added to chapter 13.32A RCW to read as follows:
When petitioned to do so by a parent, the department shall determine whether the parent's child has, on two or more occasions within a twelve-month period, been absent from home for more than seventy-two consecutive hours without parental consent. If the department finds that the child has and also that the child has a Washington state driver's license, then the department shall provide a notice of its findings to the department of licensing which shall suspend the child's driver's license as provided in section 17 of this act. The twelve-month period shall be the twelve-calendar-month period immediately before the month in which the department receives the petition. The department shall develop procedures for verifying absences and if requested by either a parent or child shall conduct a hearing on the question of whether the absences have occurred.
Sec. 19. RCW 13.32A.196 and 1991 c 364 s 14 are each amended to read as follows:
(1) At the dispositional hearing regarding an adjudicated at-risk youth, the court shall consider the recommendations of the parties and the recommendations of any dispositional plan submitted by the department. The court may enter a dispositional order that will assist the parent in maintaining the care, custody, and control of the child and assist the family to resolve family conflicts or problems.
(2) The court may set conditions of supervision for the child that include:
(a) Regular school attendance;
(b) Counseling;
(c) Participation in a substance abuse treatment program;
(d) If ordered under subsection (3) of this section, placement in a secure facility or other secure program of treatment;
(e) Reporting on a regular basis to the department or any other designated person or agency; and
(((e))) (f) Any other condition the court deems an appropriate condition of supervision.
(3) If requested by a parent of an at-risk youth who is a habitual runaway, the court may include in its dispositional order or orders a requirement that the youth be placed, for up to one hundred eighty consecutive days, in a secure facility or other court-ordered secure program of treatment. The court may not include this requirement unless, at the disposition hearing, it finds that the placement is necessary in order to protect the at-risk youth and that a less-restrictive order or orders not requiring such placement would be inadequate to protect the youth, given the youth's age, maturity, propensity to run away from home, past exposure to serious risk when the youth ran away from home, and possible future exposure to serious risk should the youth run away from home again. For purposes of this section, an at-risk youth is a "habitual runaway" if the youth, on each of three or more occasions within the twelve-month period preceding the month in which the at-risk youth petition was filed, has been absent from home for more than seventy-two consecutive hours without parental consent; or if the youth during such twelve-month period has been absent from home without parental consent for more than thirty consecutive days. This subsection constitutes a method of placement or commitment that is in addition to methods prescribed under other laws and is not intended as the exclusive method for placement or commitment of children who qualify as at-risk youth.
(4) Except as provided in this section for habitual runaways, no dispositional order or condition of supervision ordered by a court pursuant to this section shall include involuntary commitment of a child for substance abuse or mental health treatment.
(((4))) (5) The court may order the parent to participate in counseling services or any other services for the child requiring parental participation. The parent shall cooperate with the court-ordered case plan and shall take necessary steps to help implement the case plan. The parent shall be financially responsible for costs related to the court-ordered plan; however, this requirement shall not affect the eligibility of the parent or child for public assistance or other benefits to which the parent or child may otherwise be entitled. The parent may request dismissal of an at-risk youth proceeding at any time and upon such a request, the court shall dismiss the matter and cease court supervision of the child unless a contempt action is pending in the case. The court may retain jurisdiction over the matter for the purpose of concluding any pending contempt proceedings, including the full satisfaction of any penalties imposed as a result of a contempt finding.
(((5))) (6) The court may order the department to monitor compliance with the dispositional order, assist in coordinating the provision of court-ordered services, and submit reports at subsequent review hearings regarding the status of the case.
Sec. 20. RCW 13.32A.198 and 1990 c 276 s 15 are each amended to read as follows:
(1) Upon making a disposition regarding an adjudicated at-risk youth, the court shall schedule the matter on the calendar for review ((within three months)), advise the parties of the date thereof, appoint legal counsel for the child, advise the parent of the right to be represented by legal counsel at the review hearing at the parent's own expense, and notify the parties of their rights to present evidence at the hearing. The review hearing shall commence within ninety consecutive days after the date in which the dispositional order or orders are entered. However, if the order or orders provide for the placement of a habitual runaway in a secure facility or secure program of treatment, then the review hearing shall commence within thirty consecutive days after such date.
(2) At the review hearing, the court shall approve or disapprove the continuation of court supervision in accordance with the goal of assisting the parent to maintain the care, custody, and control of the child. The court shall determine whether the parent and child are complying with the dispositional plan. If court supervision is continued, the court may modify the dispositional plan. However, in the case of a habitual runaway placed in a secure facility or secure program of treatment, the court may continue the placement for an additional period only if requested by the parent and if the court finds that its findings under RCW 13.32A.196 are still accurate.
(3) Except for the placement of a habitual runaway in a secure facility or secure program of treatment, court supervision of the child may not be continued past one hundred eighty consecutive days from the day the review hearing commenced unless the court finds, and the parent agrees, that there are compelling reasons for an extension of supervision. Any extension granted pursuant to this subsection shall not exceed ninety days. The court may not require the placement of a habitual runaway for longer than a period of one hundred eighty consecutive days and may not provide for any extension of the placement beyond such period.
(4) The court may dismiss an at-risk youth proceeding at any time if the court finds good cause to believe that continuation of court supervision, including the placement of a habitual runaway, would serve no useful purpose or that the parent is not cooperating with the court-ordered case plan. The court shall dismiss an at-risk youth proceeding if the child is the subject of a proceeding under chapter 13.34 RCW.
Sec. 21. RCW 28A.225.020 and 1992 c 205 s 202 are each amended to read as follows:
If a juvenile required to attend school under the laws of the state of Washington fails to attend school without valid justification, the juvenile's school shall:
(1) Inform the juvenile's custodial parent, parents or guardian by a notice in writing or by telephone that the juvenile has failed to attend school without valid justification after one unexcused absence within any month during the current school year;
(2) Schedule a conference or conferences with the custodial parent, parents or guardian and juvenile at a time and place reasonably convenient for all persons included for the purpose of analyzing the causes of the juvenile's absences after two unexcused absences within any month during the current school year. If a regularly scheduled parent-teacher conference day is to take place within thirty days of the second unexcused absence, then the school district may schedule this conference on that day; and
(3) Take steps to eliminate or reduce the juvenile's absences. These steps shall include, where appropriate, adjusting the juvenile's school program or school or course assignment, providing more individualized or remedial instruction, preparing the juvenile for employment with specific vocational courses or work experience, or ((both)) refer the juvenile to a community truancy board, and assisting the parent or student to obtain supplementary services that might eliminate or ameliorate the cause or causes for the absence from school.
Sec. 22. RCW 28A.225.030 and 1992 c 205 s 203 are each amended to read as follows:
If action taken by a school pursuant to RCW 28A.225.020 is not successful in substantially reducing a student's absences from school, any of the following actions may be taken after five or more unexcused absences during the current school year: (1) The attendance officer of the school district or the community truancy board through its attorney may petition the ((juvenile)) court to assume jurisdiction under RCW 28A.200.010, 28A.200.020, and 28A.225.010 through 28A.225.150 for the purpose of alleging a violation of RCW 28A.225.010 by the parent; or (2) a petition alleging a violation of RCW 28A.225.010 by a child may be filed with the ((juvenile)) court by the parent of such child or by the attendance officer of the school district or the community truancy board through its attorney at the request of the parent. If the court assumes jurisdiction in such an instance, the provisions of RCW 28A.200.010, 28A.200.020, and 28A.225.010 through 28A.225.150, except where otherwise stated, shall apply.
NEW SECTION. Sec. 23. A new section is added to chapter 28A.225 RCW to read as follows:
For purposes of this chapter, "community truancy board" means a board comprised of members of the local community in which the juvenile attends school. The local school district shall direct the formation of the board, and if possible include a variety of representatives from the community. The community truancy board shall set conditions designed to improve school attendance and monitor subsequent school attendance.
Sec. 24. RCW 28A.225.150 and 1992 c 205 s 205 are each amended to read as follows:
The school district attendance officer shall report biannually to the educational service district superintendent, in the instance of petitions filed alleging a violation by a child under RCW 28A.225.030:
(1) The number of petitions filed by a school district or by a parent;
(2) The frequency of each action taken under RCW 28A.225.020 prior to the filing of such petition;
(3) When deemed appropriate under RCW 28A.225.020, the frequency of delivery of supplemental services; and
(4) Disposition of cases filed with the ((juvenile)) court, including the frequency of contempt orders issued to enforce a court's order under RCW 28A.225.090.
The educational service district superintendent shall compile such information and report annually to the superintendent of public instruction. The superintendent of public instruction shall compile such information and report to the committees of the house of representatives and the senate by September 1 of each year.
Sec. 25. RCW 70.96A.095 and 1991 c 364 s 9 are each amended to read as follows:
(1) Any person fourteen years of age or older may give consent for himself or herself to the furnishing of counseling, care, treatment, or rehabilitation by a treatment program or by any person. Consent of the parent, parents, or legal guardian of a person less than eighteen years of age is not necessary to authorize the care, except that the person shall not become a resident of the treatment program without such permission except as provided in RCW 70.96A.120 or 70.96A.140. The parent, parents, or legal guardian of a person less than eighteen years of age are not liable for payment of care for such persons pursuant to this chapter, unless they have joined in the consent to the counseling, care, treatment, or rehabilitation. The parent's, parents', or guardians' insurance carrier is also not liable for payment and shall not be billed for payment unless the parent, parents, or guardian has given consent.
(2) The parent of any minor may apply to an approved treatment program for the admission of the minor for purposes authorized in this chapter. The consent of the minor shall not be required for the application or admission. The approved treatment program shall accept the application as if it were submitted voluntarily by the minor. The ability of a parent to apply to an approved treatment program for the involuntary admission of his or her child does not create any right to this treatment or to obtain or benefit from any public funds or resources.
NEW SECTION. Sec. 26. A new section is added to chapter 70.96A RCW to read as follows:
Nothing in this chapter authorizes school district personnel to refer minors to any treatment program or treatment provider without providing notice of the referral to the parent, parents, or guardians.
Sec. 27. RCW 70.96A.110 and 1990 c 151 s 7 are each amended to read as follows:
(1) An alcoholic or other drug addict may apply for voluntary treatment directly to an approved treatment program. If the proposed patient is ((a minor or)) an incompetent person, he or she, a parent, a legal guardian, or other legal representative may make the application. If the proposed patient is a minor, the minor or the minor's parent, legal guardian, or other legal representative may make the application as provided in RCW 70.96A.095.
(2) Subject to rules adopted by the secretary, the administrator in charge of an approved treatment program may determine who shall be admitted for treatment. If a person is refused admission to an approved treatment program, the administrator, subject to rules adopted by the secretary, shall refer the person to another approved treatment program for treatment if possible and appropriate.
(3) If a patient receiving inpatient care leaves an approved treatment program, he or she shall be encouraged to consent to appropriate outpatient treatment. If it appears to the administrator in charge of the treatment program that the patient is an alcoholic or other drug addict who requires help, the department may arrange for assistance in obtaining supportive services and residential programs.
(4) If a patient leaves an approved public treatment program, with or against the advice of the administrator in charge of the program, the department may make reasonable provisions for his or her transportation to another program or to his or her home. If the patient has no home he or she should be assisted in obtaining shelter. If the patient is less than ((fourteen)) eighteen years of age or an incompetent person the request for discharge from an inpatient program shall be made by a parent, legal guardian, or other legal representative or by the ((minor or)) incompetent if he or she was the original applicant.
Sec. 28. RCW 70.96A.140 and 1993 c 362 s 1 are each amended to read as follows:
(1) When a designated chemical dependency specialist receives information alleging that a person is incapacitated as a result of chemical dependency, the designated chemical dependency specialist, after investigation and evaluation of the specific facts alleged and of the reliability and credibility of the information, may file a petition for commitment of such person with the superior court or district court.
If a petition for commitment is not filed in the case of a minor, the parent, guardian, or custodian who has custody of the minor may seek review of that decision made by the designated chemical dependency specialist in superior or district court. The parent, guardian, or custodian shall file notice with the court and provide a copy of the designated chemical dependency specialist's report.
If the designated chemical dependency specialist finds that the initial needs of such person would be better served by placement within the mental health system, the person shall be referred to an evaluation and treatment facility as defined in RCW 71.05.020 or 71.34.020. If placement in a chemical dependency program is available and deemed appropriate, the petition shall allege that: The person is chemically dependent and is incapacitated by alcohol or drug addiction, or that the person has twice before in the preceding twelve months been admitted for detoxification or chemical dependency treatment pursuant to RCW 70.96A.110, and is in need of a more sustained treatment program, or that the person is chemically dependent and has threatened, attempted, or inflicted physical harm on another and is likely to inflict physical harm on another unless committed. A refusal to undergo treatment, by itself, does not constitute evidence of lack of judgment as to the need for treatment. The petition shall be accompanied by a certificate of a licensed physician who has examined the person within five days before submission of the petition, unless the person whose commitment is sought has refused to submit to a medical examination, in which case the fact of refusal shall be alleged in the petition. The certificate shall set forth the licensed physician's findings in support of the allegations of the petition. A physician employed by the petitioning program or the department is eligible to be the certifying physician.
(2) Upon filing the petition, the court shall fix a date for a hearing no less than two and no more than seven days after the date the petition was filed unless the person petitioned against is presently being detained in a program, pursuant to RCW 70.96A.120, 71.05.210, or 71.34.050, ((as now or hereafter amended,)) in which case the hearing shall be held within seventy-two hours of the filing of the petition: PROVIDED, HOWEVER, That the above specified seventy-two hours shall be computed by excluding Saturdays, Sundays, and holidays: PROVIDED FURTHER, That, the court may, upon motion of the person whose commitment is sought, or upon motion of petitioner with written permission of the person whose commitment is sought, or his or her counsel and, upon good cause shown, extend the date for the hearing. A copy of the petition and of the notice of the hearing, including the date fixed by the court, shall be served by the designated chemical dependency specialist on the person whose commitment is sought, his or her next of kin, a parent or his or her legal guardian if he or she is a minor, and any other person the court believes advisable. A copy of the petition and certificate shall be delivered to each person notified.
(3) At the hearing the court shall hear all relevant testimony, including, if possible, the testimony, which may be telephonic, of at least one licensed physician who has examined the person whose commitment is sought. Communications otherwise deemed privileged under the laws of this state are deemed to be waived in proceedings under this chapter when a court of competent jurisdiction in its discretion determines that the waiver is necessary to protect either the detained person or the public. The waiver of a privilege under this section is limited to records or testimony relevant to evaluation of the detained person for purposes of a proceeding under this chapter. Upon motion by the detained person, or on its own motion, the court shall examine a record or testimony sought by a petitioner to determine whether it is within the scope of the waiver.
The record maker shall not be required to testify in order to introduce medical, nursing, or psychological records of detained persons so long as the requirements of RCW 5.45.020 are met, except that portions of the record that contain opinions as to whether the detained person is chemically dependent shall be deleted from the records unless the person offering the opinions is available for cross-examination. The person shall be present unless the court believes that his or her presence is likely to be injurious to him or her; in this event the court may deem it appropriate to appoint a guardian ad litem to represent him or her throughout the proceeding. If deemed advisable, the court may examine the person out of courtroom. If the person has refused to be examined by a licensed physician, he or she shall be given an opportunity to be examined by a court appointed licensed physician. If he or she refuses and there is sufficient evidence to believe that the allegations of the petition are true, or if the court believes that more medical evidence is necessary, the court may make a temporary order committing him or her to the department for a period of not more than five days for purposes of a diagnostic examination.
(4) If after hearing all relevant evidence, including the results of any diagnostic examination, the court finds that grounds for involuntary commitment have been established by clear, cogent, and convincing proof, it shall make an order of commitment to an approved treatment program. It shall not order commitment of a person unless it determines that an approved treatment program is available and able to provide adequate and appropriate treatment for him or her.
(5) A person committed under this section shall remain in the program for treatment for a period of sixty days unless sooner discharged. At the end of the sixty-day period, he or she shall be discharged automatically unless the program, before expiration of the period, files a petition for his or her recommitment upon the grounds set forth in subsection (1) of this section for a further period of ninety days unless sooner discharged.
If a petition for recommitment is not filed in the case of a minor, the parent, guardian, or custodian who has custody of the minor may seek review of that decision made by the designated chemical dependency specialist in superior or district court. The parent, guardian, or custodian shall file notice with the court and provide a copy of the treatment progress report.
If a person has been committed because he or she is chemically dependent and likely to inflict physical harm on another, the program shall apply for recommitment if after examination it is determined that the likelihood still exists.
(6) Upon the filing of a petition for recommitment under subsection (5) of this section, the court shall fix a date for hearing no less than two and no more than seven days after the date the petition was filed: PROVIDED, That, the court may, upon motion of the person whose commitment is sought and upon good cause shown, extend the date for the hearing. A copy of the petition and of the notice of hearing, including the date fixed by the court, shall be served by the treatment program on the person whose commitment is sought, his or her next of kin, the original petitioner under subsection (1) of this section if different from the petitioner for recommitment, one of his or her parents or his or her legal guardian if he or she is a minor, and his or her attorney and any other person the court believes advisable. At the hearing the court shall proceed as provided in subsection (3) of this section.
(7) The approved treatment program shall provide for adequate and appropriate treatment of a person committed to its custody. A person committed under this section may be transferred from one approved public treatment program to another if transfer is medically advisable.
(8) A person committed to the custody of a program for treatment shall be discharged at any time before the end of the period for which he or she has been committed and he or she shall be discharged by order of the court if either of the following conditions are met:
(a) In case of a chemically dependent person committed on the grounds of likelihood of infliction of physical harm upon himself, herself, or another, the likelihood no longer exists; or further treatment will not be likely to bring about significant improvement in the person's condition, or treatment is no longer adequate or appropriate.
(b) In case of a chemically dependent person committed on the grounds of the need of treatment and incapacity, that the incapacity no longer exists.
(9) The court shall inform the person whose commitment or recommitment is sought of his or her right to contest the application, be represented by counsel at every stage of any proceedings relating to his or her commitment and recommitment, and have counsel appointed by the court or provided by the court, if he or she wants the assistance of counsel and is unable to obtain counsel. If the court believes that the person needs the assistance of counsel, the court shall require, by appointment if necessary, counsel for him or her regardless of his or her wishes. The person shall, if he or she is financially able, bear the costs of such legal service; otherwise such legal service shall be at public expense. The person whose commitment or recommitment is sought shall be informed of his or her right to be examined by a licensed physician of his or her choice. If the person is unable to obtain a licensed physician and requests examination by a physician, the court shall employ a licensed physician.
(10) A person committed under this chapter may at any time seek to be discharged from commitment by writ of habeas corpus in a court of competent jurisdiction.
(11) The venue for proceedings under this section is the county in which person to be committed resides or is present.
(12) When in the opinion of the professional person in charge of the program providing involuntary treatment under this chapter, the committed patient can be appropriately served by less restrictive treatment before expiration of the period of commitment, then the less restrictive care may be required as a condition for early release for a period which, when added to the initial treatment period, does not exceed the period of commitment. If the program designated to provide the less restrictive treatment is other than the program providing the initial involuntary treatment, the program so designated must agree in writing to assume such responsibility. A copy of the conditions for early release shall be given to the patient, the designated chemical dependency specialist of original commitment, and the court of original commitment. The program designated to provide less restrictive care may modify the conditions for continued release when the modifications are in the best interests of the patient. If the program providing less restrictive care and the designated chemical dependency specialist determine that a conditionally released patient is failing to adhere to the terms and conditions of his or her release, or that substantial deterioration in the patient's functioning has occurred, then the designated chemical dependency specialist shall notify the court of original commitment and request a hearing to be held no less than two and no more than seven days after the date of the request to determine whether or not the person should be returned to more restrictive care. The designated chemical dependency specialist shall file a petition with the court stating the facts substantiating the need for the hearing along with the treatment recommendations. The patient shall have the same rights with respect to notice, hearing, and counsel as for the original involuntary treatment proceedings. The issues to be determined at the hearing are whether the conditionally released patient did or did not adhere to the terms and conditions of his or her release to less restrictive care or that substantial deterioration of the patient's functioning has occurred and whether the conditions of release should be modified or the person should be returned to a more restrictive program. The hearing may be waived by the patient and his or her counsel and his or her guardian or conservator, if any, but may not be waived unless all such persons agree to the waiver. Upon waiver, the person may be returned for involuntary treatment or continued on conditional release on the same or modified conditions.
Sec. 29. RCW 71.34.030 and 1985 c 354 s 3 are each amended to read as follows:
(1) Any minor ((thirteen)) fourteen years or older may request and receive outpatient treatment without the consent of the minor's parent provided that the treatment provider provides notice to the minor's parent. The treatment provider must provide notice within forty-eight hours of the minor's request for treatment excluding Saturdays, Sundays, and holidays. The notice shall contain the same information as required under subsection (2)(c) of this section. Parental authorization is required for outpatient treatment of a minor under the age of ((thirteen)) fourteen.
(2) When in the judgment of the professional person in charge of an evaluation and treatment facility there is reason to believe that a minor is in need of inpatient treatment because of a mental disorder, and the facility provides the type of evaluation and treatment needed by the minor, and it is not feasible to treat the minor in any less restrictive setting or the minor's home, the minor may be admitted to an evaluation and treatment facility in accordance with the following requirements:
(a) A minor under ((thirteen)) fourteen years of age may only be admitted on the application of the minor's parent.
(b) A minor ((thirteen years or older)) may be voluntarily admitted by application of the parent. ((Such application must be accompanied by the written consent, knowingly and voluntarily given, of the minor.)) The consent of the minor is not required.
(c) A minor ((thirteen)) fourteen years or older may, with the concurrence of the professional person in charge of an evaluation and treatment facility, admit himself or herself without parental consent to the evaluation and treatment facility, provided that notice is given by the facility to the minor's parent in accordance with the following requirements:
(i) Notice of the minor's admission shall be in the form most likely to reach the parent within twenty-four hours of the minor's voluntary admission and shall advise the parent that the minor has been admitted to inpatient treatment; the location and telephone number of the facility providing such treatment; and the name of a professional person on the staff of the facility providing treatment who is designated to discuss the minor's need for inpatient treatment with the parent.
(ii) The minor shall be released to the parent at the parent's request for release unless the facility files a petition with the superior court of the county in which treatment is being provided setting forth the basis for the facility's belief that the minor is in need of inpatient treatment and that release would constitute a threat to the minor's health or safety.
(iii) The petition shall be signed by the professional person in charge of the facility or that person's designee.
(iv) The parent may apply to the court for separate counsel to represent the parent if the parent cannot afford counsel.
(v) There shall be a hearing on the petition, which shall be held within three judicial days from the filing of the petition.
(vi) The hearing shall be conducted by a judge, court commissioner, or licensed attorney designated by the superior court as a hearing officer for such hearing. The hearing may be held at the treatment facility.
(vii) At such hearing, the facility must demonstrate by a preponderance of the evidence presented at the hearing that the minor is in need of inpatient treatment and that release would constitute a threat to the minor's health or safety. The hearing shall not be conducted using the rules of evidence, and the admission or exclusion of evidence sought to be presented shall be within the exercise of sound discretion by the judicial officer conducting the hearing.
(d) Written renewal of voluntary consent must be obtained from the applicant ((and the minor thirteen years or older)) no less than once every twelve months.
(e) The minor's need for continued inpatient treatments shall be reviewed and documented no less than every one hundred eighty days.
(3) A notice of intent to leave shall result in the following:
(a) Any minor under the age of ((thirteen)) fourteen and any minor fourteen or older admitted by a parent under subsection (2)(b) of this section must be discharged immediately upon written request of the parent.
(b) Any minor ((thirteen)) fourteen years or older voluntarily admitted by himself or herself under subsection (2)(c) of this section may give notice of intent to leave at any time. The notice need not follow any specific form so long as it is written and the intent of the minor can be discerned.
(c) The staff member receiving the notice shall date it immediately, record its existence in the minor's clinical record, and send copies of it to the minor's attorney, if any, the county-designated mental health professional, and the parent.
(d) The professional person in charge of the evaluation and treatment facility shall discharge the minor, ((thirteen)) fourteen years or older, from the facility within twenty-four hours after receipt of the minor's notice of intent to leave, unless the county-designated mental health professional or a parent or legal guardian files a petition or an application for initial detention within the time prescribed by this chapter.
(4) The ability of a parent to apply for treatment of his or her child under this section does not create a right to obtain this treatment or to obtain or benefit from any public funds or resources.
Sec. 30. RCW 71.34.040 and 1985 c 354 s 4 are each amended to read as follows:
If a minor, ((thirteen)) fourteen years or older, is brought to an evaluation and treatment facility or hospital emergency room for immediate mental health services, the professional person in charge of the facility shall evaluate the minor's mental condition, determine whether the minor suffers from a mental disorder, and whether the minor is in need of immediate inpatient treatment. If it is determined that the minor suffers from a mental disorder, inpatient treatment is required, the minor is unwilling to consent to voluntary admission, and the professional person believes that the minor meets the criteria for initial detention set forth herein, the facility may detain or arrange for the detention of the minor for up to twelve hours in order to enable a county-designated mental health professional to evaluate the minor and commence initial detention proceedings under the provisions of this chapter.
NEW SECTION. Sec. 31. A new section is added to chapter 71.34 RCW to read as follows:
Nothing in this chapter authorizes school district personnel to refer minors to any evaluation and treatment program or mental health professional without providing notice of the referral to the minor's parent.
Sec. 32. RCW 71.34.050 and 1985 c 354 s 5 are each amended to read as follows:
(1) When a county-designated mental health professional receives information that a minor, ((thirteen)) fourteen years or older, as a result of a mental disorder presents a likelihood of serious harm or is gravely disabled, has investigated the specific facts alleged and of the credibility of the person or persons providing the information, and has determined that voluntary admission for inpatient treatment is not possible, the county-designated mental health professional may take the minor, or cause the minor to be taken, into custody and transported to an evaluation and treatment facility providing inpatient treatment.
If the minor is not taken into custody for evaluation and treatment, the parent who has custody of the minor may seek review of that decision made by the county designated mental health professional in court. The parent shall file notice with the court and provide a copy of the county designated mental health professional's report or notes.
(2) Within twelve hours of the minor's arrival at the evaluation and treatment facility, the county-designated mental health professional shall serve on the minor a copy of the petition for initial detention, notice of initial detention, and statement of rights. The county-designated mental health professional shall file with the court on the next judicial day following the initial detention the original petition for initial detention, notice of initial detention, and statement of rights along with an affidavit of service. The county-designated mental health professional shall commence service of the petition for initial detention and notice of the initial detention on the minor's parent and the minor's attorney as soon as possible following the initial detention.
(3) At the time of initial detention, the county-designated mental health professional shall advise the minor both orally and in writing that if admitted to the evaluation and treatment facility for inpatient treatment, a commitment hearing shall be held within seventy-two hours of the minor's provisional acceptance to determine whether probable cause exists to commit the minor for further mental health treatment.
The minor shall be advised that he or she has a right to communicate immediately with an attorney and that he or she has a right to have an attorney appointed to represent him or her before and at the hearing if the minor is indigent.
(4) Whenever the county designated mental health professional petitions for detention of a minor under this chapter, an evaluation and treatment facility providing seventy-two hour evaluation and treatment must immediately accept on a provisional basis the petition and the person. Within twenty-four hours of the minor's arrival, the facility must evaluate the minor's condition and either admit or release the minor in accordance with this chapter.
(5) If a minor is not approved for admission by the inpatient evaluation and treatment facility, the facility shall make such recommendations and referrals for further care and treatment of the minor as necessary.
Sec. 33. RCW 71.34.070 and 1985 c 354 s 7 are each amended to read as follows:
(1) The professional person in charge of an evaluation and treatment facility where a minor has been admitted involuntarily for the initial seventy-two hour treatment period under this chapter may petition to have a minor committed to an evaluation and treatment facility for fourteen-day diagnosis, evaluation, and treatment.
If the professional person in charge of the treatment and evaluation facility does not petition to have the minor committed, the parent who has custody of the minor may seek review of that decision in court. The parent shall file notice with the court and provide a copy of the treatment and evaluation facility's report.
(2) A petition for commitment of a minor under this section shall be filed with the superior court in the county where the minor is residing or being detained.
(a) A petition for a fourteen-day commitment shall be signed either by two physicians or by one physician and a mental health professional who have examined the minor and shall contain the following:
(i) The name and address of the petitioner;
(ii) The name of the minor alleged to meet the criteria for fourteen-day commitment;
(iii) The name, telephone number, and address if known of every person believed by the petitioner to be legally responsible for the minor;
(iv) A statement that the petitioner has examined the minor and finds that the minor's condition meets required criteria for fourteen-day commitment and the supporting facts therefor;
(v) A statement that the minor has been advised of the need for voluntary treatment but has been unwilling or unable to consent to necessary treatment;
(vi) A statement recommending the appropriate facility or facilities to provide the necessary treatment; and
(vii) A statement concerning whether a less restrictive alternative to inpatient treatment is in the best interests of the minor.
(b) A copy of the petition shall be personally delivered to the minor by the petitioner or petitioner's designee. A copy of the petition shall be sent to the minor's attorney and the minor's parent.
Sec. 34. RCW 71.34.130 and 1985 c 354 s 13 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, a minor receiving treatment under the provisions of this chapter and responsible others shall be liable for the costs of treatment, care, and transportation to the extent of available resources and ability to pay.
(2) The minor's parent shall not be liable for payment for the costs of treatment, care, and transportation unless the parent gave consent to the treatment, care, and transportation. The parent's insurance carrier is also not liable for payment and shall not be billed for payment unless the parent has given consent.
(3) The secretary shall establish rules to implement this section and to define income, resources, and exemptions to determine the responsible person's or persons' ability to pay.
Sec. 35. RCW 74.13.032 and 1979 c 155 s 78 are each amended to read as follows:
(1) The department shall establish, by contracts with private vendors, not less than eight regional crisis residential centers, which shall be structured group care facilities licensed under rules adopted by the department. Each regional center shall have an average of at least four adult staff members and in no event less than three adult staff members to every eight children. The staff shall be trained so that they may effectively counsel juveniles admitted to the centers, provide treatment, supervision, and structure to the juveniles, and carry out the responsibilities outlined in RCW 13.32A.090.
(2) The department shall, in addition to the regional facilities established under subsection (1) of this section, establish not less than thirty additional crisis residential centers pursuant to contract with licensed private group care or specialized foster home facilities. The department may also locate crisis residential centers in or adjacent to secure juvenile detention facilities operated by the county. Where a center is located in or adjacent to a secure juvenile detention facility, the center shall be operated in a manner that prevents in-person contact between the residents of the center and the persons held in such facility. The staff at the facilities shall be trained so that they may effectively counsel juveniles admitted to the centers, provide treatment, supervision, and structure to the juveniles, and carry out the responsibilities stated in RCW 13.32A.090. The responsibilities stated in RCW 13.32A.090 may, in any of the centers, be carried out by the department.
Crisis residential ((facilities)) centers shall be operated as ((semi-secure)) secure facilities.
Sec. 36. RCW 74.13.033 and 1992 c 205 s 213 are each amended to read as follows:
(1) If a resident of a center becomes by his or her behavior disruptive to the facility's program, such resident may be immediately removed to a separate area within the facility and counseled on an individual basis until such time as the child regains his or her composure. The department may set rules and regulations establishing additional procedures for dealing with severely disruptive children on the premises, ((which procedures are consistent with the federal juvenile justice and delinquency prevention act of 1974 and regulations and clarifying instructions promulgated thereunder)). Nothing in this section shall prohibit a center from referring any child who, as the result of a mental or emotional disorder, or intoxication by alcohol or other drugs, is suicidal, seriously assaultive or seriously destructive toward others, or otherwise similarly evidences an immediate need for emergency medical evaluation and possible care, for evaluation pursuant to chapter 71.34 RCW ((or)), to a mental health professional pursuant to chapter 71.05 RCW, or to a chemical dependency specialist pursuant to chapter 70.96A RCW whenever such action is deemed appropriate and consistent with law.
(2) When the juvenile resides in this facility, all services deemed necessary to the juvenile's reentry to normal family life shall be made available to the juvenile as required by chapter 13.32A RCW. In providing these services, the facility shall:
(a) Interview the juvenile as soon as possible;
(b) Contact the juvenile's parents and arrange for a counseling interview with the juvenile and his or her parents as soon as possible;
(c) Conduct counseling interviews with the juvenile and his or her parents, to the end that resolution of the child/parent conflict is attained and the child is returned home as soon as possible; and
(d) Provide additional crisis counseling as needed, to the end that placement of the child in the crisis residential center will be required for the shortest time possible, but not to exceed five consecutive days.
(3) A juvenile taking unauthorized leave from this residence ((may)) shall be apprehended and returned to it by law enforcement officers or other persons designated as having this authority as provided in RCW 13.32A.050. If returned to the facility after having taken unauthorized leave for a period of more than twenty-four hours a juvenile ((may)) shall be supervised by such a facility for a period, pursuant to this chapter, which, unless where otherwise provided, may not exceed five consecutive days on the premises. Costs of housing juveniles admitted to crisis residential centers shall be assumed by the department for a period not to exceed five consecutive days.
Sec. 37. RCW 74.13.034 and 1992 c 205 s 214 are each amended to read as follows:
(1) A child taken into custody and taken to a crisis residential center established pursuant to RCW 74.13.032(2) may, if the center is unable to provide appropriate treatment, supervision, and structure to the child, be taken at department expense to another crisis residential center or the nearest regional crisis residential center. Placement in both centers shall not exceed five consecutive days from the point of intake as provided in RCW 13.32A.130.
(2) A child taken into custody and taken to a crisis residential center established by this chapter may be placed physically by the department or the department's designee and, at departmental expense and approval, in a secure juvenile detention facility operated by the county in which the center is located for a maximum of forty-eight hours, including Saturdays, Sundays, and holidays, if the child has taken unauthorized leave from the center and the person in charge of the center determines that the center cannot provide supervision and structure adequate to ensure that the child will not again take unauthorized leave. Juveniles placed in such a facility pursuant to this section may not, to the extent possible, come in contact with alleged or convicted juvenile or adult offenders.
(3) Any child placed in secure detention pursuant to this section shall, during the period of confinement, be provided with appropriate treatment by the department or the department's designee, which shall include the services defined in RCW 74.13.033(2). If the child placed in secure detention is not returned home or if an alternative living arrangement agreeable to the parent and the child is not made within twenty-four hours after the child's admission, the child shall be taken at the department's expense to a crisis residential center. Placement in the crisis residential center or centers plus placement in juvenile detention shall not exceed five consecutive days from the point of intake as provided in RCW 13.32A.130.
(4) ((Juvenile detention facilities used pursuant to this section shall first be certified by the department to ensure that juveniles placed in the facility pursuant to this section are provided with living conditions suitable to the well-being of the child. Where space is available, juvenile courts, when certified by the department to do so, shall provide secure placement for juveniles pursuant to this section, at department expense.
(5))) It is the intent of the legislature that by July 1, 1982, crisis residential centers, supplemented by community mental health programs and mental health professionals, will be able to respond appropriately to children admitted to centers under this chapter and will be able to respond to the needs of such children with appropriate treatment, supervision, and structure."
On page 1, line 2 of the title, after "families;" strike the remainder of the title and insert "amending RCW 13.32A.010, 13.32A.030, 13.32A.040, 13.32A.130, 13.32A.140, 13.32A.150, 13.50.010, 13.32A.050, 13.32A.060, 13.32A.065, 13.32A.070, 13.32A.196, 13.32A.198, 28A.225.020, 28A.225.030, 28A.225.150, 70.96A.095, 70.96A.110, 70.96A.140, 71.34.030, 71.34.040, 71.34.050, 71.34.070, 71.34.130, 74.13.032, 74.13.033, and 74.13.034; adding new sections to chapter 13.32A RCW; adding a new section to chapter 46.20 RCW; adding a new section to chapter 28A.225 RCW; adding a new section to chapter 70.96A RCW; adding a new section to chapter 71.34 RCW; creating a new section; and prescribing penalties.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Hargrove, the Senate refuses to concur in the House amendments to Engrossed Second Substitute Senate Bill No. 5439 and requests of the House a conference thereon.
MESSAGE FROM THE HOUSE
April 13, 1995
MR. PRESIDENT:
The House has passed ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5448, with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that:
(1) Protection of the state's water resources, and utilization of such resources for provision of public water supplies, requires more efficient and effective management than is currently provided under state law;
(2) The provision of public water supplies to the people of the state should be undertaken in a manner that is consistent with the planning principles of the growth management act and the comprehensive plans adopted by local governments under the growth management act;
(3) Small water systems have inherent difficulties with proper planning, operation, financing, management and maintenance. The ability of such systems to provide safe and reliable supplies to their customers on a long-term basis needs to be assured through proper management and training of operators;
(4) New water quality standards and operational requirements for public water systems will soon generate higher rates for the customers of those systems, which may be difficult for customers to afford to pay. It is in the best interest of the people of this state that small systems maintain themselves in a financially viable condition;
(5) The drinking water 2000 task force has recommended maintaining a strong and properly funded state-wide drinking water program, retaining primary responsibility for administering the federal safe drinking water act in Washington. The task force has further recommended delegation of as many water system regulatory functions as possible to local governments, with provision of adequate resources and elimination of barriers to such delegation. In order to achieve these objectives, the state shall provide adequate funding from both general state funds and funding directly from the regulated water system;
(6) The public health services improvement plan recommends that the principal public health functions in Washington, including regulation of public water systems, should be fully funded by state revenues and undertaken by local jurisdictions with the capacity to perform them; and
(7) State government, local governments, water suppliers, and other interested parties should work for continuing economic growth of the state by maximizing the use of existing water supply management alternatives, including regional water systems, satellite management, and coordinated water system development.
Sec. 2. RCW 70.116.060 and 1977 ex.s. c 142 s 6 are each amended to read as follows:
(1) A coordinated water system plan shall be submitted to the secretary for design approval within two years of the establishment of the boundaries of a critical water supply service area.
(2) The secretary shall review the coordinated water system plan and, to the extent the plan is consistent with the requirements of this chapter and regulations adopted hereunder, shall approve the plan, provided that the secretary shall not approve those portions of a coordinated water system plan ((which)) that fail to meet the requirements for future service area boundaries until any boundary dispute is resolved as set forth in RCW 70.116.070.
(3) Following the approval of a coordinated water system plan by the secretary:
(a) All purveyors constructing or proposing to construct public water system facilities within the area covered by the plan shall comply with the plan.
(b) No other purveyor shall establish a public water system within the area covered by the plan, unless the ((secretary)) local legislative authority determines that existing purveyors are unable to provide the service in a timely and reasonable manner, pursuant to guidelines developed by the secretary. An existing purveyor is unable to provide the service in a timely manner if the water cannot be provided to an applicant for water within one hundred twenty days unless specified otherwise by the local legislative authority. If such a determination is made, the ((secretary may)) local legislative authority shall require the new public water system to be constructed in accordance with the construction standards and specifications embodied in the coordinated water system plan approved for the area. The service area boundaries in the coordinated plan for the affected utilities shall be revised to reflect the decision of the local legislative authority.
(4) The secretary may deny proposals to establish or to expand any public water system within a critical water supply service area for which there is not an approved coordinated water system plan at any time after two years of the establishment of the critical water supply service area: PROVIDED, That service connections shall not be considered expansions.
(5) The affected legislative authorities may develop and utilize a mechanism for addressing disputes that arise in the implementation of the coordinated water system plan after the plan has been approved by the secretary.
(6) After adoption of the initial coordinated water system plan, the local legislative authority or the secretary may determine that the plan should be updated or revised. The legislative authority may initiate an update at any time, but the secretary may initiate an update no more frequently than once every five years. The update may encompass all or a portion of the plan, with the scope of the update to be determined by the secretary and the legislative authority. The process for the update shall be the one prescribed in RCW 70.116.050.
(7) The provisions of subsection (3) of this section shall not apply in any county for which a coordinated water system plan has not been approved under subsection (2) of this section.
(8) If the secretary initiates an update or revision of a coordinated water system plan, the state shall pay for the cost of updating or revising the plan.
Sec. 3. RCW 70.119A.060 and 1991 c 304 s 4 are each amended to read as follows:
(1) In order to assure safe and reliable public drinking water and to protect the public health, public water systems shall:
(a) Protect the water sources used for drinking water;
(b) Provide treatment adequate to assure that the public health is protected;
(c) Provide and effectively operate and maintain public water system facilities;
(d) Plan for future growth and assure the availability of safe and reliable drinking water;
(e) Provide the department with the current names, addresses, and telephone numbers of the owners, operators, and emergency contact persons for the system, including any changes to this information, and provide to users the name and twenty-four hour telephone number of an emergency contact person; and
(f) Take whatever investigative or corrective action is necessary to assure that a safe and reliable drinking water supply is continuously available to users.
(2) No new public water system may be approved or created unless: (a) It is owned or operated by a satellite system management agency established under RCW 70.116.134 and the satellite system management system complies with financial viability requirements of the department; or (b) a satellite management system is not available and it is determined that the new system has sufficient management and financial resources to provide safe and reliable service. The approval of any new system that is not owned by a satellite system management agency shall be conditioned upon future management or ownership by a satellite system management agency, if such management or ownership can be made with reasonable economy and efficiency, or upon periodic review of the system's operational history to determine its ability to meet the department's financial viability and other operating requirements. The department and local health jurisdictions shall enforce this requirement under authority provided under this chapter, chapter 70.116, or 70.05 RCW, or other authority governing the approval of new water systems by the department or a local jurisdiction.
(3) The department and local health jurisdictions shall carry out the rules and regulations of the state board of health adopted pursuant to RCW 43.20.050(2)(a) and other rules adopted by the department relating to public water systems.
NEW SECTION. Sec. 4. A new section is added to chapter 70.119A RCW to read as follows:
The department shall create a water supply advisory committee. Membership on the committee shall reflect a broad range of interests in the regulation of public water supplies, including water utilities of all sizes, local governments, business groups, special purpose districts, local health jurisdictions, other state and federal agencies, financial institutions, environmental organizations, the legislature, and other groups substantially affected by the department's role in implementing state and federal requirements for public water systems. Members shall be appointed for fixed terms of no less than two years, and may be reappointed. Any members of an existing advisory committee to the drinking water program may remain as members of the water supply advisory committee. The committee shall provide advice to the department on the organization, functions, service delivery methods, and funding of the drinking water program. The committee shall also review the adequacy and necessity of the current and prospective funding for the drinking water program, and the results of the committees' review shall be forwarded to the department for inclusion in a report to the appropriate standing committees of the legislature no later than November 1, 1996. The report shall include a discussion of the extent to which the drinking water program has progressed toward achieving the objectives of the public health improvement plan, and an assessment of any changes to the program necessitated by modifications to the federal safe drinking water act.
Sec. 5. RCW 82.16.020 and 1989 c 302 s 204 are each amended to read as follows:
(1) There is levied and there shall be collected from every person a tax for the act or privilege of engaging within this state in any one or more of the businesses herein mentioned. The tax shall be equal to the gross income of the business, multiplied by the rate set out after the business, as follows:
(a) Railroad, express, railroad car, sewerage collection, and telegraph businesses: Three and six-tenths percent;
(b) Light and power business: Three and sixty-two one-hundredths percent;
(c) Gas distribution business: Three and six-tenths percent;
(d) Urban transportation business: Six-tenths of one percent;
(e) Vessels under sixty-five feet in length, except tugboats, operating upon the waters within the state: Six-tenths of one percent;
(f) Motor transportation and tugboat businesses, and all public service businesses other than ones mentioned above: One and eight-tenths of one percent;
(g) Water distribution business: Four and seven-tenths percent.
(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.
(3) Twenty percent of the moneys collected under subsection (1) of this section on water distribution businesses and sixty percent of the moneys collected under subsection (1) of this section on sewerage collection businesses shall be deposited in the public works assistance account created in RCW 43.155.050.
(4) Fifteen percent of the moneys collected under subsection (1) of this section on water distribution businesses shall be deposited in the safe drinking water account created in RCW 70.119A.120.
Sec. 6. RCW 70.119.020 and 1991 c 305 s 2 are each amended to read as follows:
As used in this chapter unless context requires another meaning:
(1) "Board" means the board established pursuant to RCW 70.95B.070 which shall be known as the water and waste water operator certification board of examiners.
(2) "Certificate" means a certificate of competency issued by the secretary stating that the operator has met the requirements for the specified operator classification of the certification program.
(3) "Certified operator" means an individual holding a valid certificate and employed or appointed by any county, water district, municipality, public or private corporation, company, institution, person, or the state of Washington and who is designated by the employing or appointing officials as the person responsible for active daily technical operation.
(4) "Department" means the department of health.
(5) "Distribution system" means that portion of a public water system which stores, transmits, pumps and distributes water to consumers.
(6) "Ground water under the direct influence of surface water" means any water beneath the surface of the ground with:
(a) Significant occurrence of insects or other macroorganisms, algae, or large diameter pathogens such as giardia lamblia; or
(b) Significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity, or pH which closely correlate to climatological or surface water conditions.
(7) "Group A water system" means a system with fifteen or more service connections, regardless of the number of people; or a system serving an average of twenty-five or more people per day for sixty or more days within a calendar year, regardless of the number of service connections. Group A water system does not include a system serving fewer than fifteen single-family residences, regardless of the number of people.
(8) "Group B water system" means a system with more than four service connections but less than fifteen service connections and serving either: (a) An average of less than twenty-five people per day for sixty or more days within a calendar year; or (b) any number of people for less than sixty days within a calendar year.
(9) "Nationally recognized association of certification authorities" shall mean an organization which serves as an information center for certification activities, recommends minimum standards and guidelines for classification of potable water treatment plants, water distribution systems and waste water facilities and certification of operators, facilitates reciprocity between state programs and assists authorities in establishing new certification programs and updating existing ones.
(((9))) (10) "Public water system" means any system, excluding a system serving only one single-family residence and a system with four or fewer connections all of which serve residences on the same farm, providing piped water for human consumption or domestic use, including any collection, treatment, storage, or distribution facilities under control of the purveyor and used primarily in connection with the system; and collection or pretreatment storage facilities not under control of the purveyor but primarily used in connection with the system.
(((10))) (11) "Purification plant" means that portion of a public water system which treats or improves the physical, chemical or bacteriological quality of the system's water to bring the water into compliance with state board of health standards.
(((11))) (12) "Secretary" means the secretary of the department of health.
(((12))) (13) "Service" means a connection to a public water system designed to serve a single-family residence, dwelling unit, or equivalent use. If the facility has group home or barracks-type accommodations, three persons will be considered equivalent to one service.
(((13))) (14) "Surface water" means all water open to the atmosphere and subject to surface runoff.
Sec. 7. RCW 70.119.030 and 1991 c 305 s 3 are each amended to read as follows:
(1) A public water system shall have a certified operator if:
(a) ((The system serves one hundred or more services in use at any one time)) It is a group A water system; or
(b) It is a ((group A)) public water system using a surface water source or a ground water source under the direct influence of surface water.
(2) The certified operators shall be in charge of the technical direction of a water system's operation, or an operating shift of such a system, or a major segment of a system necessary for monitoring or improving the quality of water. The operator shall be certified as provided in RCW 70.119.050.
(3) A certified operator may provide required services to more than one system or to a group of systems. The amount of time that a certified operator shall be required to be present at any given system shall be based upon the time required to properly operate and maintain the public water system as designed and constructed in accordance with RCW 43.20.050. The employing or appointing officials shall designate the position or positions requiring mandatory certification within their individual systems and shall assure that such certified operators are responsible for the system's technical operation.
(4) The department shall, in establishing by rule or otherwise the requirements for public water systems with fewer than one hundred connections, phase in such requirements in order to assure that (a) an adequate number of certified operators are available to serve the additional systems, (b) the systems have adequate notice and time to plan for securing the services of a certified operator, (c) the department has the additional data and other administrative capacity, (d) adequate training is available to certify additional operators as necessary, and (e) any additional requirements under federal law are satisfied. The department shall not require a certified operator for a system with fewer than one hundred connections unless that system is determined by the department to be in significant noncompliance with monitoring or water quality standards, as defined by the department by rule, or has, or is required to have, water treatment facilities other than simple disinfection.
(5) Any examination required by the department as a prerequisite for the issuance of a certificate under this chapter shall be offered in each region where the department has a regional office.
(6) Operators not required to be certified by this chapter are encouraged to become certified on a voluntary basis.
Sec. 8. RCW 70.116.050 and 1977 ex.s. c 142 s 5 are each amended to read as follows:
(1) Each purveyor within the boundaries of a critical water supply service area shall develop a water system plan for the purveyor's future service area if such a plan has not already been developed: PROVIDED, That nonmunicipally owned public water systems are exempt from the planning requirements of this chapter, except for the establishment of service area boundaries if they((: (a) Were in existence as of September 21, 1977; and (b))) have no plans for water service beyond their existing service area((, and (c) meet minimum quality and pressure design criteria established by the state board of health)): PROVIDED FURTHER, That if the county legislative authority permits a change in development that will increase the demand for water service of such a system beyond the existing system's ability to provide minimum water service, the purveyor shall develop a water system plan in accordance with this section. The establishment of future service area boundaries shall be in accordance with RCW 70.116.070.
(2) After the boundaries of a critical water supply service area have been established pursuant to RCW 70.116.040, the committee established in RCW 70.116.040 shall participate in the development of a coordinated water system plan for the designated area. Such a plan shall incorporate all water system plans developed pursuant to subsection (1) of this section. The plan shall provide for maximum integration and coordination of public water system facilities consistent with the protection and enhancement of the public health and well-being. Decisions of the committee shall be by majority vote of those present at meetings of the committee.
(3) Those portions of a critical water supply service area not yet served by a public water system shall have a coordinated water system plan developed by existing purveyors based upon permitted densities in county plans, ordinances, and/or growth policies for a minimum of five years beyond the date of establishment of the boundaries of the critical water supply service area.
(4) To insure that the plan incorporates the proper designs to protect public health, the secretary shall adopt regulations pursuant to chapter 34.05 RCW concerning the scope and content of coordinated water system plans, and shall ensure, as minimum requirements, that such plans:
(a) Are reviewed by the appropriate local governmental agency to insure that the plan is not inconsistent with the land use plans, shoreline master programs, and/or developmental policies of the general purpose local government or governments whose jurisdiction the water system plan affects.
(b) Recognize all water resource plans, water quality plans, and water pollution control plans which have been adopted by units of local, regional, and state government.
(c) Incorporate the fire protection standards developed pursuant to RCW 70.116.080.
(d) Identify the future service area boundaries of the public water system or systems included in the plan within the critical water supply service area.
(e) Identify feasible emergency inter-ties between adjacent purveyors.
(f) Include satellite system management requirements consistent with RCW 70.116.134.
(g) Include policies and procedures that generally address failing water systems for which counties may become responsible under RCW 43.70.195.
(5) If a "water general plan" for a critical water supply service area or portion thereof has been prepared pursuant to chapter 36.94 RCW and such a plan meets the requirements of subsections (1) and (4) of this section, such a plan shall constitute the coordinated water system plan for the applicable geographical area.
(6) The committee established in RCW 70.116.040 may develop and utilize a mechanism for addressing disputes that arise in the development of the coordinated water system plan.
(7) Prior to the submission of a coordinated water system plan to the secretary for approval ((of the design of the proposed facilities)) pursuant to RCW 70.116.060, ((the plan shall be reviewed for consistency with subsection (4) of this section by)) the legislative authorities of the counties in which the critical water supply service area is located shall hold a public hearing thereon and shall determine the plan's consistency with subsection (4) of this section. If within sixty days of receipt of the plan, the legislative authorities find any segment of a proposed service area of a purveyor's plan or any segment of the coordinated water system plan to be inconsistent with any current land use plans, shoreline master programs, and/or developmental policies of the general purpose local government or governments whose jurisdiction the water system plan affects, the secretary shall not approve that portion of the plan until the inconsistency is resolved between the local government and the purveyor. If no comments have been received from the legislative authorities within sixty days of receipt of the plan, the secretary may consider the plan for approval.
(8) Any county legislative authority may adopt an abbreviated plan for the provision of water supplies within its boundaries that includes provisions for service area boundaries, minimum design criteria, and review process. The elements of the abbreviated plan shall conform to the criteria established by the department under subsection (4) of this section and shall otherwise be consistent with other adopted land use and resource plans. The county legislative authority may, in lieu of the committee required under RCW 70.116.040, and the procedures authorized in this section, utilize an advisory committee that is representative of the water utilities and local governments within its jurisdiction to assist in the preparation of the abbreviated plan, which may be adopted by resolution and submitted to the secretary for approval. Purveyors within the boundaries covered by the abbreviated plan need not develop a water system plan, except to the extent required by the secretary or state board of health under other authority. Any abbreviated plan adopted by a county legislative authority pursuant to this subsection shall be subject to the same provisions contained in RCW 70.116.060 for coordinated water system plans that are approved by the secretary.
Sec. 9. RCW 70.119A.040 and 1993 c 305 s 2 are each amended to read as follows:
(1)(a) In addition to or as an alternative to any other penalty or action allowed by law, a person who violates a law or rule regulating public water systems and administered by the department of health is subject to a penalty of not more than five thousand dollars per day for every such violation, or, in the case of a violation that has been determined to be a public health emergency, a penalty of not more than ten thousand dollars per day for every such violation. Every such violation shall be a separate and distinct offense. The amount of fine shall reflect the health significance of the violation and the previous record of compliance on the part of the public water supplier. In case of continuing violation, every day's continuance shall be a separate and distinct violation.
(b) In addition, a person who constructs, modifies, or expands a public water system or who commences the construction, modification, or expansion of a public water system without first obtaining the required departmental approval is subject to penalties of not more than five thousand dollars per service connection, ((or,)) except that a penalty may not exceed one thousand dollars per service connection if the public water system has less than one thousand connections and the person had submitted all information and plans to the department necessary for departmental approval for modification or expansion of the system and the department has not acted within a reasonable period of time. In the case of a system serving a transient population, a penalty of not more than four hundred dollars per person based on the highest average daily population the system serves or is anticipated to serve may be imposed. The total penalty that may be imposed pursuant to this subsection (1)(b) is five hundred thousand dollars. For the purpose of computing the penalty under this subsection, a service connection shall include any new service connection actually constructed, any anticipated service connection the system has been designed to serve, and, in the case of a system modification not involving expansions, each existing service connection that benefits or would benefit from the modification.
(c) Every person who, through an act of commission or omission, procures, aids, or abets a violation is considered to have violated the provisions of this section and is subject to the penalty provided in this section.
(2) The penalty provided for in this section shall be imposed by a notice in writing to the person against whom the civil penalty is assessed and shall describe the violation. The notice shall be personally served in the manner of service of a summons in a civil action or in a manner that shows proof of receipt. A penalty imposed by this section is due twenty-eight days after receipt of notice unless application for an adjudicative proceeding is filed as provided in subsection (3) of this section.
(3) Within twenty-eight days after notice is received, the person incurring the penalty may file an application for an adjudicative proceeding and may pursue subsequent review as provided in chapter 34.05 RCW and applicable rules of the department or board of health.
(4) A penalty imposed by a final administrative order is due upon service of the final administrative order. A person who fails to pay a penalty assessed by a final administrative order within thirty days of service of the final administrative order shall pay, in addition to the amount of the penalty, interest at the rate of one percent of the unpaid balance of the assessed penalty for each month or part of a month that the penalty remains unpaid, commencing with the month in which the notice of penalty was served and such reasonable attorney's fees as are incurred in securing the final administrative order.
(5) A person who institutes proceedings for judicial review of a final administrative order assessing a civil penalty under this chapter shall place the full amount of the penalty in an interest bearing account in the registry of the reviewing court. At the conclusion of the proceeding the court shall, as appropriate, enter a judgment on behalf of the department and order that the judgment be satisfied to the extent possible from moneys paid into the registry of the court or shall enter a judgment in favor of the person appealing the penalty assessment and order return of the moneys paid into the registry of the court together with accrued interest to the person appealing. The judgment may award reasonable attorney's fees for the cost of the attorney general's office in representing the department.
(6) If no appeal is taken from a final administrative order assessing a civil penalty under this chapter, the department may file a certified copy of the final administrative order with the clerk of the superior court in which the public water system is located or in Thurston county, and the clerk shall enter judgment in the name of the department and in the amount of the penalty assessed in the final administrative order.
(7) A judgment entered under subsection (5) or (6) of this section shall have the same force and effect as, and is subject to all of the provisions of law relating to, a judgment in a civil action, and may be enforced in the same manner as any other judgment of the court in which it is entered.
(8) All penalties imposed under this section shall be payable to the state treasury and credited to the ((general fund)) safe drinking water account, and shall be used by the department to provide training and technical assistance to system owners and operators.
(9) Except in cases of public health emergencies, the department may not impose monetary penalties under this section unless a prior effort has been made to resolve the violation informally.
Sec. 10. RCW 70.119A.130 and 1991 c 304 s 7 are each amended to read as follows:
((Until July 1, 1996, local governments shall be prohibited from administering a separate operating permit requirement for public water systems. After July 1, 1996,)) Local governments may establish separate operating permit requirements for public water systems provided the operating permit requirements have been approved by the department. The department shall not approve local operating permit requirements unless the local system will result in an increased level of service to the public water system. There shall not be duplicate operating permit requirements imposed by local governments and the department.
NEW SECTION. Sec. 11. A new section is added to chapter 70.119A RCW to read as follows:
A drinking water assistance account is created in the state treasury. The purpose of the account is to allow the state to take advantage of any federal funds that become available for safe drinking water. Expenditures from the account may only be made by the secretary or the public works board after appropriation. Moneys in the account may only be used to assist water systems to provide safe drinking water through a program administered through the department of health and the public works board. Money may be placed in the account from the proceeds of bonds when authorized by the legislature, transfers from other state funds or accounts, federal capitalization grants or other financial assistance, all repayments of moneys borrowed from the account, all interest payments made by borrowers from the account or otherwise earned on the account, or any other lawful source. Expenditures from the account may only be made by the secretary or the public works board after appropriation. Moneys in the account may only be used to assist local governments and water systems to provide safe and reliable drinking water and to administer the program.
Sec. 12. RCW 43.155.050 and 1993 sp.s. c 24 s 921 are each amended to read as follows:
The public works assistance account is hereby established in the state treasury. Money may be placed in the public works assistance account from the proceeds of bonds when authorized by the legislature or from any other lawful source. Money in the public works assistance account shall be used to make loans and to give financial guarantees to local governments for public works projects. Moneys in the account may also be appropriated to provide for state match requirements under federal law for projects and activities conducted and financed by the board under the drinking water assistance account. During the 1993-95 fiscal biennium, moneys in the public works assistance account may be appropriated for flood control assistance including grants under chapter 86.26 RCW. To the extent that moneys in the public works assistance account are not appropriated during the 1993-95 fiscal biennium for public works or flood control assistance, the legislature may direct their transfer to the state general fund. In awarding grants under chapter 86.26 RCW, the department of ecology shall give strong preference to local governments that have: (1) Implemented, or are in the process of implementing, an ordinance that establishes a flood plain policy that is substantially more stringent than minimum federal requirements; (2) completed a comprehensive flood control plan meeting the requirements of RCW 86.12.200; or (3) constructed, or are in the process of constructing, a system of overtopping dikes or levees that allow public access.
Sec. 13. RCW 80.04.110 and 1991 c 134 s 1 and 1991 c 100 s 2 are each reenacted and amended to read as follows:
(1) Complaint may be made by the commission of its own motion or by any person or corporation, chamber of commerce, board of trade, or any commercial, mercantile, agricultural or manufacturing society, or any body politic or municipal corporation, or by the public counsel section of the office of the attorney general, or its successor, by petition or complaint in writing, setting forth any act or thing done or omitted to be done by any public service corporation in violation, or claimed to be in violation, of any provision of law or of any order or rule of the commission: PROVIDED, That no complaint shall be entertained by the commission except upon its own motion, as to the reasonableness of the schedule of the rates or charges of any gas company, electrical company, water company, or telecommunications company, unless the same be signed by the mayor, council or commission of the city or town in which the company complained of is engaged in business, or not less than twenty-five consumers or purchasers of such gas, electricity, water or telecommunications service, or at least twenty-five percent of the consumers or purchasers of the company's service: PROVIDED, FURTHER, That when two or more public service corporations, (meaning to exclude municipal and other public corporations) are engaged in competition in any locality or localities in the state, either may make complaint against the other or others that the rates, charges, rules, regulations or practices of such other or others with or in respect to which the complainant is in competition, are unreasonable, unremunerative, discriminatory, illegal, unfair or intending or tending to oppress the complainant, to stifle competition, or to create or encourage the creation of monopoly, and upon such complaint or upon complaint of the commission upon its own motion, the commission shall have power, after notice and hearing as in other cases, to, by its order, subject to appeal as in other cases, correct the abuse complained of by establishing such uniform rates, charges, rules, regulations or practices in lieu of those complained of, to be observed by all of such competing public service corporations in the locality or localities specified as shall be found reasonable, remunerative, nondiscriminatory, legal, and fair or tending to prevent oppression or monopoly or to encourage competition, and upon any such hearing it shall be proper for the commission to take into consideration the rates, charges, rules, regulations and practices of the public service corporation or corporations complained of in any other locality or localities in the state.
(2) All matters upon which complaint may be founded may be joined in one hearing, and no motion shall be entertained against a complaint for misjoinder of complaints or grievances or misjoinder of parties; and in any review of the courts of orders of the commission the same rule shall apply and pertain with regard to the joinder of complaints and parties as herein provided: PROVIDED, All grievances to be inquired into shall be plainly set forth in the complaint. No complaint shall be dismissed because of the absence of direct damage to the complainant.
(3) Upon the filing of a complaint, the commission shall cause a copy thereof to be served upon the person or corporation complained of, which shall be accompanied by a notice fixing the time when and place where a hearing will be had upon such complaint. The time fixed for such hearing shall not be less than ten days after the date of the service of such notice and complaint, excepting as herein provided. The commission shall enter its final order with respect to a complaint filed by any entity or person other than the commission within ten months from the date of filing of the complaint, unless the date is extended for cause. Rules of practice and procedure not otherwise provided for in this title may be prescribed by the commission. Such rules may include the requirement that a complainant use informal processes before filing a formal complaint.
(4) The commission shall, as appropriate, audit a nonmunicipal water system upon receipt of an administrative order from the department, or the city or county in which the water system is located, finding that the water delivered by a system does not meet state board of health standards adopted under RCW 43.20.050(2)(a) or standards adopted under chapters 70.116 and 70.119A RCW, and the results of the audit shall be provided to the requesting department, city, or county. However, the number of nonmunicipal water systems referred to the commission in any one calendar year shall not exceed twenty percent of the water companies subject to commission regulation as defined in RCW 80.04.010.
Every nonmunicipal water system referred to the commission for audit under this section shall pay to the commission an audit fee in an amount, based on the system's twelve-month audited period, equal to the fee required to be paid by regulated companies under RCW 80.24.010.
(5) Any customer or purchaser of service from a water system or company that is subject to commission regulation may file a complaint with the commission if he or she has reason to believe that the water delivered by the system to the customer does not meet state drinking water standards under chapter 43.20 or 70.116 RCW. The commission shall investigate such a complaint, and shall request that the state department of health or local health department of the county in which the system is located test the water for compliance with state drinking water standards, and provide the results of such testing to the commission. The commission may decide not to investigate the complaint if it determines that the complaint has been filed in bad faith, or for the purpose of harassment of the water system or company, or for other reasons has no substantial merit. The water system or company shall bear the expense for the testing. After the commission has received the complaint from the customer and during the pendency of the commission investigation, the water system or company shall not take any steps to terminate service to the customer or to collect any amounts alleged to be owed to the company by the customer. The commission may issue an order or take any other action to ensure that no such steps are taken by the system or company. The customer may, at the customer's option and expense, obtain a water quality test by a licensed or otherwise qualified water testing laboratory, of the water delivered to the customer by the water system or company, and provide the results of such a test to the commission. If the commission determines that the water does not meet state drinking water standards, it shall exercise its authority over the system or company as provided in this title, and may, where appropriate, order a refund to the customer on a pro rata basis for the substandard water delivered to the customer, and shall order reimbursement to the customer for the cost incurred by the customer, if any, in obtaining a water quality test.
Sec. 14. RCW 70.116.070 and 1977 ex.s. c 142 s 7 are each amended to read as follows:
(1) The proposed service area boundaries of public water systems within the critical water supply service area that are required to submit water system plans under this chapter shall be ((determined by written agreement among the purveyors and with the approval of the appropriate legislative authority. Failure of the legislative authority to file with the secretary objections to the proposed service area boundaries within sixty days of receipt of the proposed boundary agreement may be construed as approval of the agreement)) identified in the system's plan. The local legislative authority, or its planning department or other designee, shall review the proposed boundaries to determine whether the proposed boundaries of one or more systems overlap. The boundaries determined by the local legislative authority not to overlap shall be incorporated into the coordinated water system plan. Where any overlap exists, the local legislative authority may attempt to resolve the conflict through procedures established under RCW 70.116.060(5).
(2) ((If no service area boundary agreement has been established within a reasonable period of time, or if the legislative authority has filed with the secretary objections in writing as provided in subsection (1) of this section)) Any final decision by a local legislative authority regarding overlapping service areas, or any unresolved disputes regarding service area boundaries, may be appealed or referred to the secretary in writing for resolution. After receipt of an appeal or referral, the secretary shall hold a public hearing thereon. The secretary shall provide notice of the hearing by certified mail to each purveyor ((providing service in the critical water supply service area)) involved in the dispute, to each county legislative authority having jurisdiction in the area and to the public. The secretary shall provide public notice pursuant to the provisions of chapter 65.16 RCW. Such notice shall be given at least twenty days prior to the hearing. The hearing may be continued from time to time and, at the termination thereof, the secretary may restrict the expansion of service of any purveyor within the area if the secretary finds such restriction is necessary to provide the greatest protection of the public health and well-being.
Sec. 15. RCW 56.08.200 and 1991 c 190 s 1 are each amended to read as follows:
It is unlawful and a misdemeanor to make, or cause to be made, or to maintain any ((sewer)) connection with any sewer or water system of any sewer district, or with any sewer or water system which is connected directly or indirectly with any sewer or water system of any sewer district without having permission from the sewer district.
Sec. 16. RCW 57.08.180 and 1991 c 190 s 5 are each amended to read as follows:
It is unlawful and a misdemeanor to make, or cause to be made, or to maintain any ((sewer)) connection with any sewer or water system of any water district, or with any sewer or water system which is connected directly or indirectly with any sewer or water system of any water district without having permission from the water district.
NEW SECTION. Sec. 17. Section 10 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995."
On page 1, line 1 of the title, after "systems;" strike the remainder of the title and insert "amending RCW 70.116.060, 70.119A.060, 82.16.020, 70.119.020, 70.119.030, 70.116.050, 70.119A.040, 70.119A.130, 43.155.050, 70.116.070, 56.08.200, and 57.08.180; reenacting and amending RCW 80.04.110; adding new sections to chapter 70.119A RCW; creating a new section; prescribing penalties; providing an effective date; and declaring an emergency.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Sutherland, the Senate refuses to concur in the House amendments to Engrossed Second Substitute Senate Bill No. 5448 and asks the House to recede therefrom.
MESSAGE FROM THE HOUSE
April 7, 1995
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5567, with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 36.70A.070 and 1990 1st ex.s. c 17 s 7 are each amended to read as follows:
The comprehensive plan of a county or city that is required or chooses to plan under RCW 36.70A.040 shall consist of a map or maps, and descriptive text covering objectives, principles, and standards used to develop the comprehensive plan. The plan shall be an internally consistent document and all elements shall be consistent with the future land use map. A comprehensive plan shall be adopted and amended with public participation as provided in RCW 36.70A.140.
Each comprehensive plan shall include a plan, scheme, or design for each of the following:
(1) A land use element designating the proposed general distribution and general location and extent of the uses of land, where appropriate, for agriculture, timber production, housing, commerce, industry, recreation, open spaces, public utilities, public facilities, and other land uses. The land use element shall include population densities, building intensities, and estimates of future population growth. The land use element shall provide for protection of the quality and quantity of ground water used for public water supplies. Where applicable, the land use element shall review drainage, flooding, and storm water run-off in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state, including Puget Sound or waters entering Puget Sound.
(2) A housing element ((recognizing)) ensuring the vitality and character of established residential neighborhoods that: (a) Includes an inventory and analysis of existing and projected housing needs; (b) includes a statement of goals, policies, ((and)) objectives, and mandatory provisions for the preservation, improvement, and development of housing, including single-family residences, accessory apartments in single-family residences, and the leasing of rooms in single-family residences; (c) identifies sufficient land for housing, including, but not limited to, government-assisted housing, housing for low-income families, manufactured housing, multifamily housing, and group homes and foster care facilities; and (d) makes adequate provisions for existing and projected needs of all economic segments of the community.
(3) A capital facilities plan element consisting of: (a) An inventory of existing capital facilities owned by public entities, showing the locations and capacities of the capital facilities; (b) a forecast of the future needs for such capital facilities; (c) the proposed locations and capacities of expanded or new capital facilities; (d) at least a six-year plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purposes; and (e) a requirement to reassess the land use element if probable funding falls short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and financing plan within the capital facilities plan element are coordinated and consistent.
(4) A utilities element consisting of the general location, proposed location, and capacity of all existing and proposed utilities, including, but not limited to, electrical lines, telecommunication lines, and natural gas lines.
(5) Counties shall include a rural element including lands that are not designated for urban growth, agriculture, forest, or mineral resources. The rural element shall permit land uses that are compatible with the rural character of such lands and provide for a variety of rural densities.
(6) A transportation element that implements, and is consistent with, the land use element. The transportation element shall include the following subelements:
(a) Land use assumptions used in estimating travel;
(b) Facilities and services needs, including:
(i) An inventory of air, water, and land transportation facilities and services, including transit alignments, to define existing capital facilities and travel levels as a basis for future planning;
(ii) Level of service standards for all arterials and transit routes to serve as a gauge to judge performance of the system. These standards should be regionally coordinated;
(iii) Specific actions and requirements for bringing into compliance any facilities or services that are below an established level of service standard;
(iv) Forecasts of traffic for at least ten years based on the adopted land use plan to provide information on the location, timing, and capacity needs of future growth;
(v) Identification of system expansion needs and transportation system management needs to meet current and future demands;
(c) Finance, including:
(i) An analysis of funding capability to judge needs against probable funding resources;
(ii) A multiyear financing plan based on the needs identified in the comprehensive plan, the appropriate parts of which shall serve as the basis for the six-year street, road, or transit program required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems;
(iii) If probable funding falls short of meeting identified needs, a discussion of how additional funding will be raised, or how land use assumptions will be reassessed to ensure that level of service standards will be met;
(d) Intergovernmental coordination efforts, including an assessment of the impacts of the transportation plan and land use assumptions on the transportation systems of adjacent jurisdictions;
(e) Demand-management strategies.
After adoption of the comprehensive plan by jurisdictions required to plan or who choose to plan under RCW 36.70A.040, local jurisdictions must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development. These strategies may include increased public transportation service, ride sharing programs, demand management, and other transportation systems management strategies. For the purposes of this subsection (6) "concurrent with the development" shall mean that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six years.
The transportation element described in this subsection, and the six-year plans required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems, must be consistent."
On page 1, line 2 of the title, after "neighborhoods;" strike the remainder of the title and insert "and amending RCW 36.70A.070.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Haugen, the Senate refuses to concur in the House amendments to Substitute Senate Bill No. 5567 and asks the House to recede therefrom.
MESSAGE FROM THE HOUSE
April 12, 1995
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5616, with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature declares that it is the goal of the state of Washington to preserve and restore the natural resources of the state and, in particular, fish and wildlife and their habitat. It is further the policy of the state insofar as possible to utilize the volunteer organizations who have demonstrated their commitment to these goals.
To this end, it is the intent of the legislature to minimize the expense and delays caused by unnecessary bureaucratic process in securing permits for projects that preserve or restore native fish and wildlife habitat.
NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section shall apply throughout sections 1 through 7 of this act.
(1) "Watershed restoration plan" means a plan, developed or sponsored by the department of fish and wildlife, the department of ecology, the department of natural resources, the department of transportation, a federally recognized Indian tribe acting within and pursuant to its authority, a city, a county, or a conservation district, that provides a general program and implementation measures or actions for the preservation, restoration, re-creation, or enhancement of the natural resources, character, and ecology of a stream, stream segment, drainage area, or watershed, and for which agency and public review has been conducted pursuant to chapter 43.21C RCW, the state environmental policy act. If the implementation measures or actions would have a probable significant, adverse environmental impact, a detailed statement under RCW 43.21C.031 must be prepared on the plan.
(2) "Watershed restoration project" means a public or private project authorized by the sponsor of a watershed restoration plan that implements the plan or a part of the plan and consists of one or more of the following activities:
(a) A project that involves less than ten miles of streamreach, in which less than twenty-five cubic yards of sand, gravel, or soil is removed, imported, disturbed, or discharged, and in which no existing vegetation is removed except as minimally necessary to facilitate additional plantings;
(b) A project for the restoration of an eroded or unstable stream bank that employs the principles of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or
(c) A project primarily designed to improve fish and wildlife habitat, remove or reduce impediments to migration of fish, or enhance the fishery resource available for use by all of the citizens of the state, provided that any structure other than a bridge or culvert or instream habitat enhancement structure associated with the project is less than two hundred square feet in floor area and is located above the ordinary high water mark of the stream.
NEW SECTION. Sec. 3. By January 1, 1996, the Washington conservation commission shall develop, in consultation with other state agencies, tribes, and local governments, a consolidated application process for permits for a watershed restoration project developed by an agency or sponsored by an agency on behalf of a volunteer organization. The consolidated process shall include a single permit application form for use by all responsible state and local agencies. The commission shall encourage use of the consolidated permit application process by any federal agency responsible for issuance of related permits. The permit application forms to be consolidated shall include, at a minimum, applications for: (1) Approvals related to water quality standards under chapter 90.48 RCW; (2) hydraulic project approvals under chapter 75.20 RCW; and (3) Section 401 water quality certifications under 33 U.S.C. Sec. 1341 and chapter 90.48 RCW.
NEW SECTION. Sec. 4. Each agency of the state and unit of local government that claims jurisdiction or the right to require permits, other approvals, or fees as a condition of allowing a watershed restoration project to proceed shall designate an office or official as a designated recipient of project applications and shall inform the conservation commission of the designation.
NEW SECTION. Sec. 5. All agencies of the state and local governments shall accept the single application developed under section 3 of this act. Unless the procedures under section 6 of this act are invoked, the application shall be processed without charge and permit decisions shall be issued within forty-five days of receipt of a complete application.
NEW SECTION. Sec. 6. The applicant or any state agency, tribe, or local government with permit processing responsibility may request that the permit assistance center created by chapter ..., Laws of 1995 (House Bill No. 1724) appoint a project facilitator to develop in consultation with the applicant and permit agencies a coordinated process for permit decisions on the application. The process may incorporate procedures for coordinating state permits under chapter ..., Laws of 1995 (House Bill No. 1724). The center shall adopt a target of completing permit decisions within forty-five days of receipt of a complete application.
If House Bill No. 1724 is not enacted by June 30, 1995, this section shall be null and void.
NEW SECTION. Sec. 7. State agencies, tribes, and local governments responsible for permits or other approvals of watershed restoration projects as defined in section 2 of this act may develop general permits or permits by rule to address some or all projects required by an approved watershed restoration plan, or for types of watershed restoration projects. Nothing in this act precludes local governments, state agencies, and tribes from working out other cooperative permitting agreements outside the procedures of this act.
NEW SECTION. Sec. 8. A new section is added to chapter 35.63 RCW to read as follows:
A permit required under this chapter for a watershed restoration project as defined in section 2 of this act shall be processed in compliance with sections 1 through 7 of this act.
NEW SECTION. Sec. 9. A new section is added to chapter 35A.63 RCW to read as follows:
A permit required under this chapter for a watershed restoration project as defined in section 2 of this act shall be processed in compliance with sections 1 through 7 of this act.
NEW SECTION. Sec. 10. A new section is added to chapter 36.70 RCW to read as follows:
A permit required under this chapter for a watershed restoration project as defined in section 2 of this act shall be processed in compliance with sections 1 through 7 of this act.
NEW SECTION. Sec. 11. A new section is added to chapter 36.70A RCW to read as follows:
A permit required under this chapter for a watershed restoration project as defined in section 2 of this act shall be processed in compliance with sections 1 through 7 of this act.
NEW SECTION. Sec. 12. A new section is added to chapter 43.21C RCW to read as follows:
Decisions pertaining to watershed restoration projects as defined in section 2 of this act are not subject to the requirements of RCW 43.21C.030(2)(c).
NEW SECTION. Sec. 13. A new section is added to chapter 43.30 RCW to read as follows:
A permit required by the department for a watershed restoration project as defined in section 2 of this act shall be processed in compliance with sections 1 through 7 of this act.
NEW SECTION. Sec. 14. A new section is added to chapter 75.20 RCW to read as follows:
A hydraulic project approval required by the department for a watershed restoration project as defined in section 2 of this act shall be processed in compliance with sections 1 through 7 of this act.
NEW SECTION. Sec. 15. A new section is added to chapter 90.48 RCW to read as follows:
A permit, certification, or other approval required by the department for a watershed restoration project as defined in section 2 of this act shall be processed in compliance with sections 1 through 7 of this act. Public review of proposed watershed restoration projects may be shortened or waived by the department.
NEW SECTION. Sec. 16. A new section is added to chapter 90.58 RCW to read as follows:
Watershed restoration projects as defined in section 2 of this act are exempt from the requirement to obtain a substantial development permit. Local government shall review the projects for consistency with the locally adopted shoreline master program in an expeditious manner and shall issue its decision along with any conditions within forty-five days of receiving a complete consolidated application form from the applicant. No fee may be charged for accepting and processing applications for watershed restoration projects as used in this section.
NEW SECTION. Sec. 17. Sections 1 through 7 of this act are each added to chapter 89.08 RCW."
On page 1, line 1 of the title, after "projects;" strike the remainder of the title and insert "adding new sections to chapter 89.08 RCW; adding a new section to chapter 35.63 RCW; adding a new section to chapter 35A.63 RCW; adding a new section to chapter 36.70 RCW; adding a new section to chapter 36.70A RCW; adding a new section to chapter 43.21C RCW; adding a new section to chapter 43.30 RCW; adding a new section to chapter 75.20 RCW; adding a new section to chapter 90.48 RCW; and adding a new section to chapter 90.58 RCW.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Drew, the Senate refuses to concur in the House amendments to Engrossed Substitute Senate Bill No. 5616 and asks the House to recede therefrom.
MOTION
On motion of Senator Swecker, the following resolution was adopted:
SENATE RESOLUTION 1995-8641
By Senators Swecker, Palmer and Roach
WHEREAS, The mission statement of the Lewis County Sesquicentennial Committee is "Celebrating the One Hundred Fiftieth Anniversary of Lewis County by Revisiting the Past and Exploring the Future"; and
WHEREAS, Throughout 1995, the citizens of Lewis County are celebrating their heritage as Washington's first county. The Sesquicentennial is a significant milestone for the county and provides a once-in-a-lifetime opportunity to reflect both on the past and the future of this area so rich in people, natural resources, history, and opportunity; and
WHEREAS, Lewis County, Washington's first county, was created by the Oregon Territorial Legislature on December 21, 1845. The Legislature proclaimed "That all that portion of Oregon Territory lying north of the Columbia River and west of the Cowlitz up to 54'40" north latitude be and the same is hereby created and organized into a separate county by the name of Lewis County." Because of its size, Lewis was known as "The Mother of All Counties"; and
WHEREAS, The county's current borders were established shortly before Washington became a state in 1889. Today, it is Washington's sixth largest county in land area. With 2,423 square miles, it is the largest county west of the Cascade Mountains; and
WHEREAS, Lewis County is named for Meriwether Lewis, the great explorer of the Lewis and Clark Expedition. His explorations were key in claiming this part of North America for the United States and residents are proud to live in a county bearing his name; and
WHEREAS, Lewis County is home to many of Washington "firsts": The first United States District Court north of San Francisco was held at the Jackson Courthouse, a building that still stands today. The oldest governmental records still in existence in Washington State are from the Board of Lewis County Commissioners in October, 1847. Simon Plamondon was the first white settler who settled near present day Toledo; and
WHEREAS, Lewis County is rich in natural resources. For the past one hundred fifty years, the land has provided a living to many of the county's citizens in agriculture, mining, and especially its vast forests. Today, the county is enjoying greater economic diversity, but natural resources will always play a vital role to visitors and citizens alike;
NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington honor Lewis County during its Sesquicentennial Year; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to each member of the Lewis County Sesquicentennial Committee.
Senators Swecker and Palmer spoke to Senate Resolution 1995-8641.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the members of the Lewis County Sesquicentennial Committee, who were seated in the gallery.
MOTION
At 12:06 p.m., on motion of Senator Spanel, the Senate recessed until 1:00 p.m.
The Senate was called to order at 1:16 p.m. by President Pritchard.
There being no objection, the President returned the Senate to the fourth order of business.
MOTION
On motion of Senator Ann Anderson, Senators Morton and Swecker were excused.
MESSAGE FROM THE HOUSE
April 10, 1995
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5012, with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 75.28.011 and 1993 sp.s. c 17 s 34 are each amended to read as follows:
(1) Unless otherwise provided in this title, a license issued under this chapter is not transferable from the license holder to any other person.
(2) The following restrictions apply to transfers of commercial fishery licenses, salmon delivery licenses, and salmon charter licenses that are transferable between license holders:
(a) The license holder shall surrender the previously issued license to the department.
(b) The department shall complete no more than one transfer of the license in any seven-day period.
(c) The fee to transfer a license from one license holder to another is:
(i) The same as the resident license renewal fee if the license is not limited under chapter 75.30 RCW; ((or))
(ii) Three and one-half times the resident renewal fee if the license is not a commercial salmon license and the license is limited under chapter 75.30 RCW((.));
(((d))) (iii) Fifty dollars if the license is a commercial salmon license and is limited under chapter 75.30 RCW; or
(iv) If a license is transferred from a resident to a nonresident, ((the transferee shall pay)) the difference between the resident and nonresident license fees at the time of transfer, to be paid by the transferee.
(3) A commercial license that is transferable under this title survives the death of the holder. Though such licenses are not personal property, they shall be treated as analogous to personal property for purposes of inheritance and intestacy. Such licenses are subject to state laws governing wills, trusts, estates, intestate succession, and community property, except that such licenses are exempt from claims of creditors of the estate and tax liens. The surviving spouse, estate, or beneficiary of the estate may apply for a renewal of the license. There is no fee for transfer of a license from a license holder to the license holder's surviving spouse or estate, or to a beneficiary of the estate."
On page 1, line 1 of the title, after "licenses;" strike the remainder of the title and insert "and amending RCW 75.28.011.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Drew, the Senate concurred in the House amendments to Substitute Senate Bill No. 5012.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5012, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5012, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 6; Excused, 3.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Gaspard, Hale, Hargrove, Heavey, Hochstatter, Kohl, Long, Loveland, McCaslin, McDonald, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rinehart, Roach, Schow, Sellar, Smith, Snyder, Spanel, Strannigan, Sutherland, West, Winsley, Wojahn and Wood - 40.
Absent: Senators Fraser, Haugen, Johnson, McAuliffe, Rasmussen and Sheldon - 6.
Excused: Senators Anderson, C., Morton and Swecker - 3.
SUBSTITUTE SENATE BILL NO. 5012, as amended by the House, 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, Senator Rasmussen was excused.
MESSAGE FROM THE HOUSE
April 6, 1995
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5017, with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 75.28 RCW to read as follows:
If, for any reason, the department does not allow any opportunity for a commercial fishery during a calendar year, the department shall either: (1) Waive the requirement to obtain a license for that commercial fishery for that year; or (2) refund applicable license fees upon return of the license.
NEW SECTION. Sec. 2. A new section is added to chapter 75.30 RCW to read as follows:
(1) The department shall waive license requirements, including landing or poundage requirements, if, during the calendar year that a license issued pursuant to chapter 75.28 RCW is valid, no harvest opportunity occurs in the fishery corresponding to the license.
(2) For each license limitation program, where the person failed to hold the license and failed to make landing or poundage requirements because of a license waiver by the department during the previous year, the person shall qualify for a license by establishing that the person held the license during the last year in which the license was not waived."
On page 1, line 1 of the title, after "licenses;" strike the remainder of the title and insert "adding a new section to chapter 75.28 RCW; and adding a new section to chapter 75.30 RCW.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Drew, the Senate concurred in the House amendments to Substitute Senate Bill No. 5017.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5017, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5017, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, West, Winsley, Wojahn and Wood - 46.
Excused: Senators Anderson, C., Rasmussen and Swecker - 3.
SUBSTITUTE SENATE BILL NO. 5017, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 12, 1995
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5064, with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 75.50 RCW to read as follows:
The legislature finds that:
(1) Regional enhancement groups are a valuable resource for anadromous fish recovery. They improve critical fish habitat and directly contribute to anadromous fish populations through fish restoration technology.
(2) Due to a decrease in recreational and commercial salmon license sales, regional enhancement groups are receiving fewer financial resources at a time when recovery efforts are needed most.
(3) To maintain regional enhancement groups as an effective enhancement resource, technical assets of state agencies must be coordinated and utilized to maximize the financial resources of regional enhancement groups and overall fish recovery efforts.
NEW SECTION. Sec. 2. A new section is added to chapter 75.50 RCW to read as follows:
The department's habitat division shall work with cities, counties, and regional fisheries enhancement groups to develop a program to identify and expedite the removal of human-made or caused impediments to anadromous fish passage. A priority shall be given to projects that immediately increase access to available and improved spawning and rearing habitat for depressed, threatened, and endangered stocks. The department may contract with cities and counties to assist in the identification and removal of impediments to anadromous fish passage.
A report on the progress of impediment identification and removal and the need for any additional legislative action shall be submitted to the senate and the house of representatives natural resources committees no later than January 1, 1996.
NEW SECTION. Sec. 3. A new section is added to chapter 75.50 RCW to read as follows:
To maximize available state resources, the department and the department of transportation shall work in partnership with the regional fisheries enhancement group advisory board to identify cooperative projects to eliminate fish passage barriers caused by state roads and highways. The advisory board may provide input to the department to aid in identifying priority barrier removal projects that can be accomplished with the assistance of regional fisheries enhancement groups. The department of transportation shall provide engineering and other technical services to assist regional fisheries enhancement groups with fish passage barrier removal projects, provided that the barrier removal projects have been identified as a priority by the department of fish and wildlife and the department of transportation has received an appropriation to continue the fish barrier removal program.
NEW SECTION. Sec. 4. A new section is added to chapter 90.58 RCW to read as follows:
A regional fisheries enhancement group or cooperative group project that is primarily designed to improve fish habitat or fish passage; has been approved by the department of fish and wildlife; has been given or is qualified to be given a hydraulic permit; and has been determined by local government to not substantially affect other concerns of this chapter is exempt from the permitting requirements of this chapter. A letter of exemption must be obtained from the local government, which shall be provided in a timely manner.
Sec. 5. RCW 75.50.110 and 1990 c 58 s 4 are each amended to read as follows:
(1) A regional fisheries enhancement group advisory board is established to make recommendations to the director. ((The advisory board shall make recommendations regarding regional enhancement group rearing project proposals and funding of those proposals.)) The members shall be appointed by the director and consist of two commercial fishing representatives, two recreational fishing representatives, and three at-large positions. At least two of the advisory board members shall be members of a regional fisheries enhancement group. Advisory board members shall serve three-year terms. The advisory board membership shall include two members serving ex officio to be nominated, one through the Northwest Indian fisheries commission, and one through the Columbia river intertribal fish commission. The chair of the regional fisheries enhancement group advisory board shall be elected annually by members of the regional fisheries enhancement advisory board. The advisory board shall meet at least quarterly. All meetings of the advisory board shall be open to the public under the open public meetings act, chapter 42.30 RCW.
The department shall invite the advisory board to comment and provide input into all relevant policy initiatives, including, but not limited to, wild stock, hatcheries, and habitat restoration efforts.
(2) Members shall not be compensated but shall receive reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
(3) The department may use account funds to provide agency assistance to the groups, to provide professional, administrative or clerical services to the advisory board, or to implement the training and technical services plan as developed by the advisory board pursuant to section 6 of this act. The level of account funds used by the department shall be determined by the director after review ((and)) of recommendation by the regional fisheries enhancement group advisory board and shall not exceed twenty percent of annual contributions to the account.
NEW SECTION. Sec. 6. A new section is added to chapter 75.50 RCW to read as follows:
(1) The regional fisheries enhancement group advisory board shall:
(a) Assess the training and technical assistance needs of the regional fisheries enhancement groups;
(b) Develop a training and technical assistance services plan in order to provide timely, topical technical assistance and training services to regional fisheries enhancement groups. The plan shall be provided to the director and to the senate and house of representatives natural resources committees no later than October 1, 1995, and shall be updated not less than every year. The advisory board shall provide ample opportunity for the public and interested parties to participate in the development of the plan. The plan shall include but is not limited to:
(i) Establishment of an information clearinghouse service that is readily available to regional fisheries enhancement groups. The information clearinghouse shall collect, collate, and make available a broad range of information on subjects that affect the development, implementation, and operation of diverse fisheries and habitat enhancement projects. The information clearinghouse service may include periodical news and informational bulletins;
(ii) An ongoing program in order to provide direct, on-site technical assistance and services to regional fisheries enhancement groups. The advisory board shall assist regional fisheries enhancement groups in soliciting federal, state, and local agencies, tribal governments, institutions of higher education, and private business for the purpose of providing technical assistance and services to regional fisheries enhancement group projects; and
(iii) A cost estimate for implementing the plan;
(c) Propose a budget to the director for operation of the advisory board and implementation of the technical assistance plan;
(d) Make recommendations to the director regarding regional enhancement group project proposals and funding of those proposals; and
(e) Establish criteria for the redistribution of unspent project funds for any regional enhancement group that has a year ending balance exceeding one hundred thousand dollars.
(2) The regional fisheries enhancement group advisory board may:
(a) Facilitate resolution of disputes between regional fisheries enhancement groups and the department;
(b) Promote community and governmental partnerships that enhance the salmon resource and habitat;
(c) Promote environmental ethics and watershed stewardship;
(d) Advocate for watershed management and restoration;
(e) Coordinate regional fisheries enhancement group workshops and training;
(f) Monitor and evaluate regional fisheries enhancement projects;
(g) Provide guidance to regional fisheries enhancement groups; and
(h) Develop recommendations to the director to address identified impediments to the success of regional fisheries enhancement groups.
Sec. 7. RCW 75.50.120 and 1990 c 58 s 5 are each amended to read as follows:
The department and the regional fisheries enhancement group advisory board shall report biennially to the senate ((environment and natural resources committee,)) and the house of representatives ((fisheries and wildlife)) natural resources committees, the senate ways and means committee and house of representatives fiscal committees, or any successor committees beginning October 1, 1991. The report shall include but not be limited to the following:
(1) An evaluation of enhancement efforts;
(2) A description of projects;
(3) A region by region accounting of financial contributions and expenditures including the enhancement group account funds; ((and))
(4) Volunteer participation and member affiliation, including an inventory of volunteer hours dedicated to the program;
(5) An evaluation of technical assistance training efforts and agency participation;
(6) Identification of impediments to regional fisheries enhancement group success; and
(7) Suggestions for legislative action that would further the enhancement of salmonid resources.
Sec. 8. RCW 75.50.100 and 1993 sp.s. c 17 s 11 and 1993 c 340 s 53 are each reenacted and amended to read as follows:
The dedicated regional fisheries enhancement group account is created in the custody of the state treasurer. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.
A surcharge of one dollar shall be collected on each recreational personal use food fish license sold in the state. A surcharge of one hundred dollars shall be collected on each commercial salmon fishery license, each salmon delivery license, and each salmon charter license sold in the state. The department shall study methods for collecting and making available, an annual list, including names and addresses, of all persons who obtain recreational and commercial salmon fishing licenses. This list may be used to assist formation of the regional fisheries enhancement groups and allow the broadest participation of license holders in enhancement efforts. The results of the study shall be reported to the house of representatives fisheries and wildlife committee and the senate environment and natural resources committee by October 1, 1990. All receipts shall be placed in the regional fisheries enhancement group account and shall be used exclusively for regional fisheries enhancement group projects for the purposes of RCW 75.50.110. Funds from the regional fisheries enhancement group account shall not serve as replacement funding for department operated salmon projects that exist on January 1, 1991.
All revenue from the department's sale of salmon carcasses and eggs that return to group facilities shall be deposited in the regional fisheries enhancement group account for use by the regional fisheries enhancement group that produced the surplus. Revenue from any enhancement group's sale of salmon carcasses and eggs conducted pursuant to section 9 of this act shall also be deposited in the regional fisheries enhancement group account. The director shall adopt rules to implement this section pursuant to chapter 34.05 RCW.
NEW SECTION. Sec. 9. A new section is added to chapter 75.50 RCW to read as follows:
The department shall establish a hatchery egg and carcass take program for projects conducted by regional fisheries enhancement groups. Under the program, salmon that have returned to the hatchery of a regional fisheries enhancement group, and the eggs from those salmon, may be sold by the group in accordance with rules established by the department. All proceeds from sales of salmon eggs and carcasses that return to group facilities shall be deposited in the dedicated regional fisheries enhancement group account for reallocation to the regional fisheries enhancement group or groups sponsoring the project.
Prior to engaging in salmon egg sales under this program, the regional fisheries enhancement group shall ensure that all on-station needs are fulfilled and that the eggs are made available for other appropriate department or tribal hatchery needs, or other group projects.
The department, in consultation with the regional fisheries enhancement group advisory board, shall develop rules in accordance with chapter 34.05 RCW for the purpose of implementing this section. The rules shall include the following:
(1) Requirements for conducting sales under the program;
(2) Accounting procedures for tracking sales;
(3) Provisions for ensuring compliance with the wild salmonid policy established under RCW 75.28.760; and
(4) Provisions for reallocating proceeds generated under this section to the regional fisheries enhancement group or groups sponsoring the project that generated the proceeds.
NEW SECTION. Sec. 10. A new section is added to chapter 75.50 RCW to read as follows:
The department shall coordinate with the regional fisheries enhancement group advisory board to field test coho and chinook salmon remote site incubators. The purpose of field testing efforts shall be to gather conclusive scientific data on the effectiveness of coho and chinook remote site incubators.
Sec. 11. RCW 75.08.230 and 1993 c 340 s 48 are each amended to read as follows:
(1) Except as provided in this section, state and county officers receiving the following moneys shall deposit them in the state general fund:
(a) The sale of licenses required under this title;
(b) The sale of property seized or confiscated under this title;
(c) Fines and forfeitures collected under this title;
(d) The sale of real or personal property held for department purposes;
(e) Rentals or concessions of the department;
(f) Moneys received for damages to food fish, shellfish or department property; and
(g) Gifts.
(2) The director shall make weekly remittances to the state treasurer of moneys collected by the department.
(3) All fines and forfeitures collected or assessed by a district court for a violation of this title or rule of the director shall be remitted as provided in chapter 3.62 RCW.
(4) Proceeds from the sale of food fish or shellfish taken in test fishing conducted by the department, to the extent that these proceeds exceed the estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270 to reimburse the department for unanticipated costs for test fishing operations in excess of the allowance in the budget approved by the legislature.
(5) Proceeds from the sale of salmon carcasses and salmon eggs from state general funded hatcheries by the department((, to the extent these proceeds exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270. Allocations under this subsection shall be made only for hatchery operations partially or wholly financed by sources other than state general revenues or for purposes of processing human consumable salmon for disposal)) of general administration shall be deposited in the regional fisheries enhancement group account established in RCW 75.50.100.
(6) Moneys received by the director under RCW 75.08.045, to the extent these moneys exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270. Allocations under this subsection shall be made only for the specific purpose for which the moneys were received, unless the moneys were received in settlement of a claim for damages to food fish or shellfish, in which case the moneys may be expended for the conservation of these resources.
(7) Proceeds from the sale of herring spawn on kelp fishery licenses by the department, to the extent those proceeds exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270. Allocations under this subsection shall be made only for herring management, enhancement, and enforcement.
NEW SECTION. Sec. 12. 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. 13. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
On page 1, line 1 of the title, after "program;" strike the remainder of the title and insert "amending RCW 75.50.110, 75.50.120, and 75.08.230; reenacting and amending RCW 75.50.100; adding new sections to chapter 75.50 RCW; adding a new section to chapter 90.58 RCW; and declaring an emergency.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Drew, the Senate concurred in the House amendments to Engrossed Second Substitute Senate Bill No. 5064.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 5064, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5064, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, West, Winsley, Wojahn and Wood - 47.
Excused: Senators Anderson, C. and Swecker - 2.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5064, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 12, 1995
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5084, with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.01.230 and 1993 c 394 s 6 are each amended to read as follows:
State agencies may, ((subject to appropriation and)) under the internal revenue code rules, use public funds to financially assist agency-approved incentives for alternative commute modes, including but not limited to carpools, vanpools, purchase of transit and ferry passes, and guaranteed ride home programs, if the financial assistance is an element of the agency's commute trip reduction program as required under RCW 70.94.521 through 70.94.551. This section does not permit any payment for the use of state-owned vehicles for commuter ride sharing.
Sec. 2. RCW 43.01.225 and 1993 c 394 s 5 are each amended to read as follows:
(1) There is hereby established an account in the state treasury to be known as the "state ((capitol)) vehicle parking account." All parking rental income ((collected from rental of parking space)) resulting from parking fees established by the department of general administration under RCW 46.08.172 at state-owned or leased property shall be deposited in the "state ((capitol)) vehicle parking account." Revenue deposited in the "state ((capitol)) vehicle parking account" shall be first applied to pledged purposes. Unpledged parking revenues deposited in the "state ((capitol)) vehicle parking account" may be used to:
(1) Pay costs incurred in the operation, maintenance, regulation, and enforcement of vehicle parking and parking facilities ((on state-owned or leased properties));
(2) Support the lease costs and/or capital investment costs of vehicle parking and parking facilities ((at agency-owned and leased facilities off the capitol campus)); and
(3) Support agency commute trip reduction programs under RCW 70.94.521 through 70.94.551.
((Distribution of funds from the "state capitol vehicle parking account" are subject to appropriation by the legislature and will be made by the office of financial management after considering recommendations from the director of general administration and the interagency task force for commute trip reduction, under RCW 70.94.551.))
NEW SECTION. Sec. 3. A new section is added to chapter 43.01 RCW to read as follows:
(1) There is hereby established an account in the state treasury to be known as the state agency parking account. All parking income collected from the fees imposed by state agencies on parking spaces at state-owned or leased facilities, including the capitol campus, shall be deposited in the state agency parking account. Only the office of financial management may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures. No agency may receive an allotment greater than the amount of revenue deposited into the state agency parking account.
(2) An agency may, as an element of the agency's commute trip reduction program to achieve the goals set forth in RCW 70.94.527, impose parking rental fees at state-owned and leased properties. These fees will be deposited in the state agency parking account. Each agency shall establish a committee to advise the agency director on parking rental fees, taking into account the market rate of comparable, privately owned rental parking in each region. The agency shall solicit representation of the employee population including, but not limited to, management, administrative staff, production workers, and state employee bargaining units. Funds shall be used by agencies to: (a) Support the agencies' commute trip reduction program under RCW 70.94.521 through 70.94.551; (b) support the agencies' parking program; or (c) support the lease or ownership costs for the agencies' parking facilities.
(3) In order to reduce the state's subsidization of employee parking, after July 1997 agencies shall not enter into leases for employee parking in excess of building code requirements, except as authorized by the director of general administration. In situations where there are fewer parking spaces than employees at a worksite, parking must be allocated equitably, with no special preference given to managers.
(4) The director of general administration must report to the house and senate transportation committees no later than December 1, 1997, regarding the implementation of chapter . . ., Laws of 1995 (this act). The report must include an estimate of the reduction in parking supply and an estimate of the cost savings.
Sec. 4. RCW 46.08.172 and 1993 c 394 s 4 are each amended to read as follows:
The director of the department of general administration shall establish equitable and consistent parking rental fees for ((state-owned or leased property)) the capitol campus and may, if requested by agencies, establish equitable and consistent parking rental fees for agencies off the capitol campus, to be charged to employees, visitors, clients, service providers, and others, that reflect the legislature's intent to reduce state subsidization of parking or to meet the commute trip reduction goals established in RCW 70.94.527. ((The department shall solicit representatives from affected state agencies, employees, and state employee bargaining units to meet as regional committees. These regional committees will advise the director on parking rental fees, taking into account the market rate of comparable, privately owned rental parking in each region. In the event that such fees become part of a collective bargaining agreement and there is a conflict between the agency and the collective bargaining unit, the terms of the collective bargaining agreement shall prevail.)) All fees shall take into account the market rate of comparable privately owned rental parking, as determined by the director. However, parking rental fees are not to exceed the local market rate of comparable privately owned rental parking.
The director may delegate the responsibility for the collection of parking fees to other agencies of state government when cost-effective.
NEW SECTION. Sec. 5. A new section is added to chapter 43.01 RCW to read as follows:
All institutions of higher education as defined under RCW 28B.10.016 are exempt from the requirements under RCW 43.01.225.
Sec. 6. RCW 43.99H.070 and 1989 1st ex.s. c 14 s 7 are each amended to read as follows:
In addition to any other charges authorized by law and to assist in the reimbursement of principal and interest payments on bonds issued for the purposes of RCW 43.99H.020(15), the following revenues may be collected:
(1) The director of general administration may assess a charge against each state board, commission, agency, office, department, activity, or other occupant of the facility or building constructed with bonds issued for the purposes of RCW 43.99H.020(15) for payment of a proportion of costs for each square foot of floor space assigned to or occupied by the entity. Payment of the amount billed to the entity for such occupancy shall be made quarterly during each fiscal year. The director of general administration shall deposit the payment in the capitol campus reserve account.
(2) The director of general administration may pledge a portion of the parking rental income collected by the department of general administration from parking space developed as a part of the facility constructed with bonds issued for the purposes of RCW 43.99H.020(15). The pledged portion of this income shall be deposited in the capitol campus reserve account. The unpledged portion of this income shall continue to be deposited in the state ((capitol)) vehicle parking account.
(3) The state treasurer shall transfer four million dollars from the capitol building construction account to the capitol campus reserve account each fiscal year from 1990 to 1995. Beginning in fiscal year 1996, the director of general administration, in consultation with the state finance committee, shall determine the necessary amount for the state treasurer to transfer from the capitol building construction account to the capitol campus reserve account for the purpose of repayment of the general fund of the costs of the bonds issued for the purposes of RCW 43.99H.020(15).
(4) Any remaining balance in the state building and parking bond redemption account after the final debt service payment shall be transferred to the capitol campus reserve account."
On page 1, line 1 of the title, after "programs;" strike the remainder of the title and insert "amending RCW 43.01.230, 43.01.225, 46.08.172, and 43.99H.070; and adding new sections to chapter 43.01 RCW.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Owen, the Senate concurred in the House amendments to Substitute Senate Bill No. 5084.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5084, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5084, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.
Voting nay: Senator Roach - 1.
Excused: Senator Anderson, C. - 1.
SUBSTITUTE SENATE BILL NO. 5084, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 13, 1995
MR. PRESIDENT:
The House has passed SENATE BILL NO. 5287, with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28B.80.160 and 1985 c 370 s 18 are each amended to read as follows:
In the development of any such plans as called for within RCW 28B.80.150, the board shall use at least the following criteria:
(1) Students who are eligible to attend compact-authorized programs in other states shall meet the Washington residency requirements of chapter 28B.15 RCW prior to being awarded tuition assistance ((grants;)).
(2) For recipients named after January 1, 1995, the tuition assistance shall be in the form of loans that may be completely forgiven in exchange for the student's service within the state of Washington after graduation. The requirements for such service and provisions for loan forgiveness shall be determined in rules adopted by the board.
(3) If appropriations are insufficient to fund all students qualifying under subsection (1) of this section, then the plans shall include criteria for student selection that would be in the best interest in meeting the state's educational needs, as well as recognizing the financial needs of students.
(4) Receipts from the payment of principal or interest or any other subsidies to which the board as administrator is entitled, that are paid by or on behalf of participants under this section, shall be deposited with the board and placed in an account created in this section and shall be used to cover the costs of granting the scholarships, maintaining necessary records, and making collections. The board shall maintain accurate records of these costs, and all receipts beyond those necessary to pay such costs shall be used to grant conditional loans to eligible students.
(5) The Washington interstate commission on higher education professional student exchange program trust fund is created in the custody of the state treasurer. All receipts from loan repayment shall be deposited into the fund. Only the higher education coordinating board, or its designee, may authorize expenditures from the fund. No appropriation is required for expenditures from this fund.
NEW SECTION. Sec. 2. RCW 28B.102.900 and 1994 c 126 s 4 & 1987 c 437 s 9 are each repealed.
NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
On page 1, beginning on line 1 of the title, after "aid;" strike the remainder of the title and insert "amending RCW 28B.80.160; repealing RCW 28B.102.900; and declaring an emergency.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Bauer, the Senate concurred in the House amendments to Senate Bill No. 5287.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5287, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5287, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.
Excused: Senator Anderson, C. - 1.
SENATE BILL NO. 5287, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 11, 1995
MR. PRESIDENT:
The House has passed ENGROSSED SENATE BILL NO. 5397, with the following amendment(s):
On page 5, line 12, after "sought" insert ". The department may require the successful completion of annual refresher courses provided or approved by the department for continued certification as an asbestos worker or supervisor. However, the authority of the director to adopt rules implementing this section is limited to rules that are specifically required, and only to the extent specifically required, for the standards to be as stringent as the applicable federal laws governing work subject to this chapter"
On page 5, beginning on line 18, after "training." strike all material through "supervisor." on line 21, and insert "((The department may require the successful completion of annual refresher courses provided or approved by the department for continued certification as an asbestos worker or supervisor.))", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Pelz, the Senate concurred in the House amendments to Engrossed Senate Bill No. 5397.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5397, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5397, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.
Absent: Senators Gaspard and Hargrove - 2.
Excused: Senator Anderson, C. - 1.
ENGROSSED SENATE BILL NO. 5397, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 7, 1995
MR. PRESIDENT:
The House has passed SENATE BILL NO. 5445, with the following amendment(s):
On page 4, line 32, after "section" insert "and removed at the direction of law enforcement"
On page 4, line 34, after "redeemed" strike "after impound"
On page 6, line 2, after "complaint by a" strike "person who" and insert "registered tow truck operator that"
On page 6, line 4, after "officer" insert "of the law enforcement agency responsible for directing the removal of the vehicle"
On page 6, line 6, after "infraction" insert ", on a form prescribed by the department of licensing,", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Owen, the Senate concurred in the House amendments to Senate Bill No. 5445.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5445, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5445, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.
Excused: Senator Anderson, C. - 1.
SENATE BILL NO. 5445, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 11, 1995
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5503, with the following amendment(s):
On page 5, after line 13, insert the following:
"NEW SECTION. Sec. 10. Any rules adopted under this act pertaining to an employer who is subject to the migrant and seasonal agricultural worker protection act (96 Stat. 2583; 29 U.S.C. Sec. 1801 et seq.), must comply with the housing provisions of that federal act."
Renumber the remaining sections consecutively and correct internal references accordingly.
On page 5, line 34, after "through" strike "9" and insert "10"
On page 5, beginning on line 29, strike all of section 11
Renumber the remaining sections consecutively and correct the title accordingly., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Prentice, the Senate concurred in the House amendments to Engrossed Substitute Senate Bill No. 5503.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5503, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5503, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.
Excused: Senator Anderson, C. - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5503, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 4, 1995
MR. PRESIDENT:
The House has passed SENATE BILL NO. 5523, with the following amendment(s):
On page 2, line 10, after "remitted" strike "to the county or city for criminal justice purposes" and insert "for criminal justice purposes to the county or city that is responsible for the defendant's jail costs", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Smith, the Senate concurred in the House amendment to Senate Bill No. 5523.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5523, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5523, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.
Excused: Senator Anderson, C. - 1.
SENATE BILL NO. 5523, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 4, 1995
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5537, with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 28A.410 RCW to read as follows:
Not later than January 1, 1997, the state board of education shall study, report, and make recommendations to the legislature on the following issues regarding teacher assessment for initial or residency certification:
(1) How an individual assessment would be linked to state board-adopted, performance-based program approval standards;
(2) How an individual assessment would be linked to the performance-based public education system under RCW 28A.630.885; and
(3) Whether, in lieu of requiring the assessment for initial or residency certification, the assessment should be required as a diagnostic tool and the results used for professional growth purposes while the teacher holds the residency certificate.
In conducting this study, the state board shall take into consideration any recommendations from the board's professional education advisory committee and the Washington advisory council for professional teaching standards.
Any recommendation to implement a teacher assessment system, including funding support, must be approved by the legislature before such implementation occurs.
NEW SECTION. Sec. 2. The following acts or parts of acts are each repealed:
(1) RCW 28A.305.230 and 1985 c 419 s 1;
(2) RCW 28A.305.240 and 1990 c 33 s 268 & 1987 c 525 s 217;
(3) RCW 28A.305.245 and 1991 c 259 s 3;
(4) RCW 28A.305.250 and 1990 c 33 s 269, 1989 c 11 s 4, & 1987 c 525 s 226;
(5) RCW 28A.410.030 and 1993 c 336 s 801, 1991 c 116 s 21, & 1987 c 525 s 203;
(6) RCW 28A.415.290 and 1993 c 336 s 406;
(7) RCW 28B.35.380 and 1977 ex.s. c 169 s 60; and
(8) RCW 28B.40.380 and 1977 ex.s. c 169 s 80, 1975 1st ex.s. c 275 s 147, 1969 ex.s. c 176 s 155, & 1969 ex.s. c 223 s 28B.40.380."
On page 1, line 1 of the title, after "preparation;" strike the remainder of the title and insert "adding a new section to chapter 28A.410 RCW; and repealing RCW 28A.305.230, 28A.305.240, 28A.305.245, 28A.305.250, 28A.410.030, 28A.415.290, 28B.35.380, and 28B.40.380.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator McAuliffe moved that the Senate concur in the House amendments to Substitute Senate Bill No. 5537.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator McAuliffe that the Senate do concur in the House amendments to Substitute Senate Bill No. 5537.
The motion by Senator McAuliffe carried and the Senate concurred in the House amendments to Substitute Senate Bill No. 5537.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5537, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5537, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.
Excused: Senator Anderson, C. - 1.
SUBSTITUTE SENATE BILL NO. 5537, as amended by the House, 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 McDonald moved that the Senate advance to the ninth order of business.
Senator Snyder demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the motion by Senator McDonald to advance to the ninth order of business.
MOTION
At 2:02 p.m., on motion of Senator Snyder, the Senate was declared to be at ease.
The Senate was called to order at 3:55 p.m. by President Pritchard.
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1046.
There being no objection, the Senate resumed consideration of the motion by Senator McDonald to advance to the ninth order of business. Senator Snyder had demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the motion by Senator McDonald to advance to the ninth order of business.
ROLL CALL
The Secretary called the roll and the motion to advance to the ninth order of business carried by the following vote: Yeas, 25; Nays, 23; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hargrove, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prince, Roach, Schow, Sellar, Strannigan, Swecker, West and Wood - 25.
Voting nay: Senators Bauer, Drew, Fairley, Franklin, Fraser, Gaspard, Haugen, Heavey, Kohl, Loveland, McAuliffe, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Winsley and Wojahn - 23.
Excused: Senator Anderson, C. - 1.
MOTION
Senator McDonald moved that the Committee on Government Operations be relieved of further consideration of Initiative 164 and that Initiative 164 be placed on the third reading calendar.
REMARKS BY SENATOR MCDONALD
Senator McDonald: "Mr. President and fellow members of the Senate, I believe we all know what this Initiative is about. It is about a property right. It is one that should be brought before the Senate; it should be disposed of in either a positive or a negative way. It is a very significant piece of legislation. It has been brought by a number of people to this body. I think it is a positive step in the right direction. I look forward to a positive vote on this motion."
MOTION BY SENATOR HAUGEN
Senator Haugen: "Thank you, Mr. President. I would like to make a motion to amend that. I would like to move for this bill to be sent to the Committee on Ways and Means."
REPLY BY THE PRESIDENT
President Pritchard: "An oral amendment?"
Senator Haugen: "An oral amendment moving this bill to Ways and Means and I would like to speak to that."
President Pritchard: "All right, Senator Haugen."
FURTHER REMARKS BY SENATOR HAUGEN
Senator Haugen: "Thank you, Mr. President. This bill has been in my committee. As you all well know, we heard a very lengthy hearing in my committee. Actually, we had a hundred and eight people come and testify--to sign up--for the Initiative and we had a hundred and thirty-three people come and sign up against it. At the end of that hearing, we took an informal poll of the people who served on my committee and it was obvious the bill did not have the support of the members of the committee to move out.
"However, one of the issues that was really clear to both myself and, I think, to my ranking minority member, that this bill had severe fiscal impacts, not only on the state of Washington, but also on the people in local government. I would say that before we vote on this bill, it should have the opportunity to have a complete fiscal hearing--at least a hearing so that these state agencies who are impacted and the local governments that will be impacted will have the opportunity to come and testify. We did not give them that opportunity that night, because we felt we needed to hear from the people.
"We are elected to be responsible; we are elected to do the work of the people in a responsible manner. Part of that responsibility is to pay for things in which we mandate and pay for things in which we see go into law. We have done that with Initiative No. 159, which did go through the fiscal committee and I believe this bill should be treated exactly like that Initiative. I would urge your support of sending this to Ways and Means."
POINT OF INQUIRY
Senator Pelz: "Would Senator Haugen yield to a question? Senator Haugen, I know you have undertaken a painstaking effort to determine a fiscal note on this Initiative. Could you tell me what, at this time, what you think the fiscal impact on the state budget will be on this Initiative?"
Senator Haugen: "Well, it is very difficult to say. We have--litigation, alone, could run about four million dollars. They figure the fiscal impact on local government is a billion dollars. The fiscal impact on the Department of Transportation is about thirty-four million dollars. The fiscal impact on the State Energy Office, they figure is about seven hundred thousand dollars. The Department of Health has about three million dollars; the Department of Fisheries has two point five million dollars; the Department of Labor and Industries--I don't see the number right here, but those are just some of the agencies. The Department of Agriculture also has a fiscal impact; the Attorney General's Office had a fiscal impact statement, also. It was really unfortunate, because the bill did not have the support to get out of committee, that it did not get to a fiscal committee where those issues could have been addressed."
Senator Pelz: "Do you remember what the total of that was, roughly? I am sorry I wasn't counting."
Senator Haugen: "Well, all I know it was a billion dollars per local government and that is kind of where my heart is--"
Senator Pelz: "A billion for local government?"
Senator Haugen: "A billion for local government--but several million--hundreds of millions--because you add up all these millions and it adds up real fast, but it doesn't make any difference whether it is one million or if it's a hundred million, the issue is, there are two fiscal impacts on the state of Washington."
Senator Pelz: "I guess it does make a difference. With the permission of the body, I want to ask Senator Rinehart a question, if I may?"
REPLY BY THE PRESIDENT
President Pritchard: "If it is within your three minutes."
POINT OF INQUIRY
Senator Pelz: "Okay. Senator Rinehart, is it your understanding that if we were to pass the Initiative out of here in the next couple of days, would this impact--are we in the seventy million range? Would this have to be reflected in the budget that we vote out of here this year?"
Senator Rinehart: "Clearly, the impact on the state budget would have to be reflected. The question about the impact on local government is one that is a bit up in the air. It would probably show up in a supplemental budget. The issue is that under Initiative 601, this would likely to be assumed to be an unfunded mandate put on local government by state government and state government would likely be responsible for picking up the cost from local government, so those costs presumedly would show up, then, in the second year of the biennium."
Senator Pelz: "And, therefore, my point being that if we pass Initiative 164 out of the Legislature, and I look forward to working with Senator Haugen to try and get a fiscal note for state government, but if it were fifty million dollars, that fifty million dollars would have to be included in the current budget and it would be coming out of K-12; it would be coming out of higher ed; it would be coming out of the runaway bill; it would be coming out of welfare reform. It is another factor that we have to fund out of here that we are going to be depriving our districts of when we write a budget."
REMARKS BY SENATOR McDONALD
Senator McDonald: "Mr. President and fellow members. I would speak in opposition to the amendment to my motion. I would make a couple of points. One, there was plenty of opportunity during this session to send it to Ways and Means; they chose not to do that. We are at the end of the session and we have the ability and the authority to dispose of this issue. I think it is--I guess I would say that I think it is unfortunate that it didn't go through the Ways and Means process, but that was the choice of the Chair. We have only one choice now.
"I would also say that this Initiative is about changing behavior, changing the behavior of government, that you can't simply take people's property and if you do you are going to compensate them for that. I think that is a good thing. I think this is saying that the fiscal impact is as if there is no change in behavior and that is what this Initiative is about. Defeat the motion."
POINT OF INQUIRY
Senator McAuliffe: "Senator McDonald, would you yield to a question? Is there a fiscal impact on this Initiative?"
Senator McDonald: "Appears to be."
Senator McAuliffe: "Excuse me?"
Senator McDonald: "Yes, there appears to be."
Senator McAuliffe: "There appears to be, and you intend to pass this through this Legislature without our having the opportunity to look at the fiscal impact when we are very concerned about how we are going to fund our educational system in this state?"
Senator McDonald: "Senator, if there are twenty-five people on this floor that choose to do that, I guess it will be passed."
Senator McAuliffe: "Regardless of the fiscal impact? Is that correct?"
Senator McDonald: "Senator McAuliffe, I told you that it was the choice of the Chair of that committee that this would not be brought to a vote, therefore it did not go to the Ways and Means Committee. This is our only opportunity and I choose to take it."
Senator McAuliffe: "Then, I would ask each member of this legislative body to recognize that their vote also is a vote with fiscal responsibility associated with Initiative 164."
REMARKS BY SENATOR SNYDER
Senator Snyder: "I request a roll call on the motion by Senator Haugen to refer Initiative 164 to the Committee on Ways and Means."
President Pritchard: "All right. Do one-sixth of the members sustain the request for a roll call? The roll call is demanded and sustained."
The President declared the question before the Senate to be the roll call on the motion by Senator Haugen to refer Initiative 164 to the Committee on Ways and Means.
ROLL CALL
The Secretary called the roll and the motion by Senator Haugen to refer Initiative 164 to the Committee on Ways and Means failed by the following vote: Yeas, 23; Nays, 25; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Drew, Fairley, Franklin, Fraser, Gaspard, Haugen, Heavey, Kohl, Loveland, McAuliffe, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Winsley and Wojahn - 23.
Voting nay: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hargrove, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prince, Roach, Schow, Sellar, Strannigan, Swecker, West and Wood - 25.
Excused: Senator Anderson, C. - 1.
REMARKS BY PRESIDENT PRITCHARD
President Pritchard: "We now have the motion by Senator McDonald to relieve the Committee on Government Operations of Initiative 164 and to place the Initiative on the third reading calendar."
Senator Snyder: "I would request a roll call, please."
President Pritchard: "All right, a roll call has been requested. Do one-sixth of the members sustain the request? They do. The clerk will call the roll."
REMARKS BY SENATOR HARGROVE
Senator Hargrove: "Thank you, Mr. President. Well, frankly, I would rather be shot right now than take this vote. I am real serious. It would be a lot less painful, at this point in time, to just be put out of my misery, because I have a deep respect for both my caucus and the people in my caucus--and for the leadership of our caucus. It is something for people on the outside of this body to understand exactly what these votes mean today.
"But, this issue is one that I, not only have worked for the last three years with no resolution and no hope of resolution, but worked in the interim by working on the Initiative, by working with people to gather signatures, by working with people to raise money to do that, and we worked during this session to try to get this thing to the floor in some other way. I would rather not be doing this. In fact, if somebody has a gun, you can go ahead and put me out of my misery right now. That would be great. Anyone carrying--Senator Roach, we are looking at you. I guess the point is that there are few times in history--in all of history--where people have to stand up for what they believe in no matter what the consequence. I am ready to take the consequences for something I believe in."
REMARKS BY SENATOR HAUGEN
Senator Haugen: "Thank you, Mr. President. Well, as Chairman of this committee where this bill is being relieved from, I guess I have to, too, take my consequences and we all have to stand up for what we believe. First of all, I must apologize; my brothers always said my bladder was behind my eyes and so I weep very easily according to my brothers. What we have here is an Initiative. This is an Initiative to the Legislature. As an Initiative to the Legislature, we have three options in an Initiative to the Legislature. We can adopt it and it becomes law; we can put an alternative out and people can have their choice or we can choose to have the Initiative go to the people.
"I told people early on, when the bill came to my committee that we would hold a public hearing on it, because I, too, care a great deal about this issue. Over the years, I have introduced legislation in which to try to find ways to give local government stability to buy those rights, because I think they should. My county has been a leader in doing some things with property rights and there are many other counties in the state that have done it, also. It is very difficult for local government to do some things without the ability to pay and that is the problem that is out there.
"We held the public hearing and it was obvious that the debate had only begun. It is a great regret to me that this bill could not have been pulled apart, section by section, and sent to the many committees in which this impacts. Believe me, it does not only impact local government. It impacts agriculture, it impacts health, it impacts transportation in a big way and I can go on and on about the many parts of state agencies that it does impact. But, my committee--and I polled the members of my committee--there were not the votes in my committee, and as a Committee Chair, we all know--those of us who have the privilege to serve--it is not always easy to be a Committee Chair and sometimes the easiest thing to do is to allow a vote to occur, so you can simply look all the people in the eye and say, 'I didn't have the votes.' I chose--I chose not to do that, because I felt it was not fair to my committee members to put them in that position. I, instead, took all the phone calls. I, instead, have had the pressure put on me, and that was a decision that I took.
"Ladies and gentlemen, this bill needs to go to the vote of the people. This Initiative needs to go to the vote of the people, the debate needs to be continued. Because of the very people that Senator Hargrove and that I care about and that each one of you care about, will not be saved. Their property is not going to be saved by this, because they cannot afford an attorney and the only people who will ever benefit from this are those who can afford an attorney, because this bill will require lots and lots of litigation."
REMARKS BY SENATOR PRITCHARD
President Pritchard: "Three minutes are up, Senator."
Senator Haugen: "I urge you to vote against this Initiative."
President Pritchard: "The clerk will call the roll on the motion by Senator McDonald to relieve the Government Operations Committee of further consideration of Initiative 164 and to place Initiative 164 on today's third reading calendar."
ROLL CALL
The Secretary called the roll and the motion by Senator McDonald to relieve the Committee on Government Operations of Initiative 164 and to place the Initiative on the third reading calendar carried by the following vote: Yeas, 25; Nays, 23; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hargrove, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prince, Roach, Schow, Sellar, Strannigan, Swecker, West and Wood - 25.
Voting nay: Senators Bauer, Drew, Fairley, Franklin, Fraser, Gaspard, Haugen, Heavey, Kohl, Loveland, McAuliffe, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Winsley and Wojahn - 23.
Excused: Senator Anderson, C. - 1.
MOTION
Senator McDonald: "Mr. President I move that the Senate revert to the seventh order of business and immediately consider Initiative 164."
President Pritchard: "Hearing no objection, so ordered."
EDITOR'S NOTES:
The text of Initiative 164 was read in on the third day, January 11, 1995.
On the one hundred-fifth day, April 23, 1995, Senator Roach moved that the complete transcript of the debate on Initiative 164 be spread upon the Journal.
THIRD READING
INITIATIVE 164 by People of the state of Washington
Relating to regulation of private property.
The initiative was read the third time.
REMARKS BY SENATOR MCDONALD
Senator McDonald: "Mr. President, I think we all know what this Initiative is about. It is about property rights; it is about people who have been forgotten in the governmental process for a very long time. It is about redress and I think it is about just compensation and that is all it is about. I think it is a very worthwhile bill--Initiative--and I think it deserves your positive vote."
REMARKS BY SENATOR PELZ
Senator Pelz: "Thank you, Mr. President, rising in opposition to this Initiative. This Initiative is not about people, this Initiative is about money. This Initiative marks a real low mark in Washington State politics. It's really, probably, well I guess it isn't the first Initiative that money went out and bought, but it is second or third on the list. This is an Initiative that wasn't going anywhere this fall, because there wasn't popular support for this Initiative. There wasn't an energized constituency out there, as our framers of our Constitution envisioned when they set up the Initiative process--that there would have to be an energized constituency for a measure that would be willing to spend their Saturday afternoons and their evenings out collecting signatures. That wasn't here for this Initiative, so some interest pumped tens of thousands of dollars overnight into this measure--went out and hired professional signature-gatherers to create this grassroots movement and that is why this issue is before us today.
"I had an experience at Christmas shopping this year when I went out to the K-Mart out in Aurora. I know that if you have been to K-Mart you know that is the store of choice for the working poor in our state now. Outside the K-Mart, there was a person collecting signatures for this measure and I asked him if he was paid and he said he was. People were walking in and he would say, 'Protect your property rights, protect your property rights--sign here to protect your property rights.' Well, my fellow colleagues, shoppers at K-Mart are renters and the ones at K-Mart that own a home, own a fairly modest home, maybe a box up off Aurora and they don't have a self-interest in this bill. The siren song of property rights was being sung by these paid signature gatherers and they bought that song momentarily and they signed the measure, which now turns out has a one billion dollar fiscal note for local government.
"This measure will, of course, enrichen the attorneys who will fight it immediately in court, who will be hired by those wealthy property owners and developers, so that they can move rapidly to exploit this law. So, those renters will see their taxes go up to pay for this measure. On a state level, we will see our schools and our higher education and our other budget measures suffer once again, to pay for this measure. It is a sad day; I imagine there will be a referendum. Actually, I think, ironically, we will see this on the ballot, but I imagine the people that go out and get the fifty-five thousand signatures for a referendum will not be paid signature-gatherers. They will then come back and we will have the campaign in the fall where the wealthy interests will be spending a great deal of money. The public will get another look at this measure, but unfortunately we have to go through this rather tainted course to get there."
REMARKS BY SENATOR HARGROVE
Senator Hargrove: "Thank you, Mr. President. Well, I want to tell you a short story about a man named Frank LaDue. He lived in my district, no longer lives in my district. He bought thirty acres of land on the Hoquiam River about twenty years ago and built a home and filled three or four acres of that property. This was when he thought he only had wet land. This is before we know it as wetlands, the highly regulated thing that it is today. On this three acres, approximately, of area that he filled, he was growing vegetables and giving them to the local food bank--there is a lot of need in our area as a matter of fact. He was growing vegetable starts and through the CAP agency giving these starts to low-income, many single mothers that were using that to start their gardens or their flower pots or whatever. Guess what, the EPA and the DOE found out that he had filled this property. They wanted him to remove all of the fill. This guy was not building condominiums on this property; this guy had twenty-seven acres of his property forever in wildlife and wetlands. He was seventy-seven years old; he was a World War II veteran and he could not understand why the government that he fought to defend--the freedom that he fought to defend--was now turning on him.
"When I asked the regulators that came out, 'You are talking about taking his entire property?' They said, 'That is not our issue, he can take it to court.' So, this seventy-seven year old man had the opportunity to spend five or six hundred thousand dollars and go to our State Supreme Court to try and prove a taking on property that was worth fifteen thousand dollars.
"Well, Frank LaDue died and his wife, his widow, still is in doubt about what is going to happen on this property. That is why I feel so strongly about this and I urge your support."
REMARKS BY SENATOR DREW
Senator Drew: "Thank you. Mr. President, and members of the Legislature. There are many stories that all of us have heard from our districts and there are wrongs that are committed by government. I don't think anyone in this body disputes that. However, I would like to disagree with the Senator from the forty-eighth district who said we all know what this is about. I don't believe we all know what this is about. I don't believe that we all know what the impacts are of this piece of legislation that we are trying to pass into law. I don't believe the people of this state know the impacts on their communities, on their local government, on their tax dollars, on the state budget--which we will have to find the money to fund this out of that which is the largest portion of our budget, education. I don't think we all know what the impacts are, because this hasn't had the extent of a fiscal analysis that perhaps needs to happen. I am on this Government Operations Committee; I do fully support the Chair of that committee.
"I do understand that there are issues and I also recognize that we in this Legislature have tried to address those issues. Have we passed a piece of legislation called 'taking?' 'No.' Have we passed 'regulatory reform?' 'Yes.' Two years ago we passed a bill that said that evaluation of your property must take into account growth management regulations. Is that done by the accessors? 'No.' Is it law? 'Yes,' because we in this Legislature decided to take some very important steps forward. We decided to combine our SEPA and GMA process, in a reflection of and in a return to what we heard from all of our constituents as to the regulatory problems. Yes, we have made many steps forward. I'm afraid that this piece of legislation, this Initiative, the one thing that everyone agrees on is that it is flawed. The one thing that everyone agrees on is that no two attorneys can agree on an interpretation. That means that the only thing that will happen is that we will have continuous litigation for the next many years. I do not see this as a solution and I do not think the people of this state have had yet the opportunity to discuss this and it should go to them for their vote. I urge your opposition."
REMARKS BY SENATOR KOHL
Senator Kohl: "Thank you, Mr. President, and members of the Senate. The Senator from the forty-eighth district finished his remarks by saying, 'This was simply a measure directed toward individual property owners and their rights.' What wasn't said was which individual property owners and their rights. I asked about the rights of the property owners of land adjoining that property in which the government would have to provide full compensation for quote, 'taking.' While it may not be found that a public nuisance could be created by the development of one parcel of land, it certainly could provide an impact and a very negative impact on the land of property owners adjoining that piece of land.
"Are they compensated for the negative impact on the value of their land or do they, then, have to pay their hard earned taxes to compensate their neighbor for a so-called taking? This Initiative has very good intentions and many of us want to see real changes made in the laws, both locally and state. However, this Initiative is poorly written. Even when proponents are asked about some of the flaws here with regard to the language, they will admit that. I too often hear the term, 'probably' being used when asked of the Initiative proponents--what could be potential problems.
"Lastly, the Senator from the twenty-fourth district, whom I do respect and I do believe is very sincere in his concerns, said that there was no resolution to be found without passage of this Initiative. However, there is a resolution. If we do not pass this Initiative, it does go to the ballot in November and the people can vote on it. Several years ago another Initiative was brought to the Legislature which many people supported--Initiative 120. A decision was made in the House of Representatives not to bring that Initiative for a vote on the House Floor. Many House members were very upset about that, but that Initiative did go to the people and that Initiative was approved by the people. There is, indeed, a resolution without passing this Initiative today."
REMARKS BY SENATOR SMITH
Senator Smith: "Thank you, Mr. President, and members of the Senate. I concur both in Senator Kohl's remarks and in Senator Drew's remarks that the big problem here is with regulation. I think Senator Drew is correct in that everyone can point to instances where government has regulated and has not done so in a very user-friendly manner. We have tried to address that issue and have, in fact, addressed it this session. The reason that I can't support this Initiative is because there is a fact that I think a lot of people are forgetting. When we have talked about how much this costs, everyone says, 'Well, you know the government ought to pay to protect individuals.'
"Unfortunately, individuals are the government. The costs that we have thrown out here are costs that all of our constituents are going to have to bear and going to have to pay. On the other side of the equation, are property owners. Now, the proponents of this Initiative have very smartly picked out the examples of where property regulations have hurt small people--people who don't have a great deal of money. It was not coincidence, as Senator Pelz alluded to, where all the money came from to support this Initiative. In essence, what we are going to do, if we pass this Initiative, is we are going to go out to all the old tax payers, all the old members of the government, who may not know they are members of the government, and ask them to pay for what is by and large, wealthy land owners use of their property. The bottom line in our society is the people who have money have more property. Now, it is just the way it works out. I believe that this Initiative is sort of a reversed Robin Hood. It will force the government--all of us tax payers--to pay--whatever the fiscal note may be--out, so the developers who bought and paid for this Initiative will be able to save money. I don't think that is in the best interest of the residents of my district and I cannot support the Initiative."
REMARKS BY SENATOR RASMUSSEN
Senator Rasmussen: "Thank you, Mr. President, and ladies and gentlemen of the Senate. Well, I am one of those that has a great deal of property, as least a great deal of property for Pierce County. We are also one of the dying breed in the county and that is in agriculture. My reason for coming to the Legislature was to represent the dairy farmers, to represent the farmers, agriculture in my area. I find I am one of the few left, but I hope, not in this body, that we have lost the farm block. What I want to tell you that scares me more is having an airport across the street, very real--right across the street--a landfill at the headwaters of the creek that goes to our three hundred and sixty acres. We have Boeing down the street, had St. Regis Timber Company, which is no longer a timber company, sell all of their land holdings next to us, to development.
"Thirty-five years ago, we had eighteen fenced neighbors. In the nineteen hundreds, we had about four. Now, we have three times thirty fenced neighbors. Does that mean they are a nuisance? I have asked the attorneys and they have said naught. They don't know. I don't want to vote for something that is a job description for the attorneys in this state--economic development to them.
"My district is hammering me to vote for it; I wish they knew as much as I wish I knew about what the impacts would be. They are hammering me, they don't want an airport, except the people that own the property for the airport. They said, 'Sure, we'd like to sell.' I tell you where my life insurance is. It is not with any agent; it is in our land. Do I want to sell for the highest and best use? 'Yes.' We raised seven wonderful kids on our farm; can they farm on our farm? Probably not.
"Taxation--the best thing this Legislature ever did was to pass Open Spaces that keeps our farm intact. I would like to have a lot more questions answered before I see it go through this body. I would like to see it go to the voters. I think we need time; we need time to find out who and how we will all be impacted. I urge you to vote your conscience and vote your district and I am sure you will do that. I have to vote my farm; I have to vote my family, because that is why I am here."
REMARKS BY SENATOR FRASER
Senator Fraser: "Thank you, Mr. President, and members of the Senate. I think it is really unfortunate that this Initiative is not more carefully worded. It is very vague and I think one of the results is that it is going to do the opposite of what the drafters intend. I think it will harm small property owners. I spent fifteen years as a local elected official at the city and county level and I had the rather miserable job of making decisions on almost every conceivable kind of land use that there is, so, I too, could tell many stories of local regulation. But, what I will do instead is summarize and basically most of the decisions local elected officials have to make are on these disputes protecting one property owner from another, protecting property values and protecting community character. I think with this measure, which requires compensation, even if there is no loss of value, is a very serious matter.
"It will affect regulations--all the normal kinds--that all your constituents are used to--the standard subdivision layout, whether there is a setback from the adjacent subdivision, what the densities will be, whether or not there needs to be special consideration for various features, and on and on and on--all the details that go into regular neighborhood planning that goes on all around our state. Unfortunately, this Initiative provides that you have to be compensated unless it is a nuisance. Well, so much of what is done, is not a nuisance. It deals with fundamental values in this state of how people want to live and fundamental values in their communities and it is going to be very difficult for local elected officials to live up to their constituent's concerns. Under this Initiative, they won't even be able to require a traffic study. Property owners expect their government to protect them. Under this Initiative, they will be less able to do that and citizens will be forced into the courts themselves. I don't think that is a good alternative."
POINT OF INQUIRY
Senator Deccio: "Would Senator Pelz yield to a question? Senator Pelz, a great argument has been made of the tremendous cost to state and local government. I am going to read a portion of the Initiative and I would like to have you explain to me and give me a breakdown of the costs and why that cost would be so tremendous to state and local government. It says, 'Full compensation means the reduction in the fair market value of the portion or parcel of property taken for general public use which is attributable to the regulation or restraint.' That is very clear to me and I guess I need to have you explain to me and maybe others on this floor and in the gallery why you are against this Initiative because of the tremendous cost to state and local government. How would that come about?"
Senator Pelz yielded to Senator Haugen.
Senator Haugen: "Well, the answer to that is truly when you take a look at several sections. First of all, it tells they have to do full economic analysis of every action they take, so every local--this is truly a bureaucrats dream, because many small jurisdictions do not have a lot of people who are able to do all of those analyses and every action that has to be taken has to be done with a full analysis to start with.
"Section 6 says that you can no longer require anyone to pay for any study, maps, plans or reports on restricting use. In essence, if there was to be a new subdivision coming in to a community or a new development, local government could no longer ask the developer to provide them with those plans. That would be a direct cost to local government; they would have to pay for them. For the state, the Department of Transportation tells us, now, when anyone wants an access on to the road, they have to provide those plans. The state would have to pay for those.
"Presently, because of an act that was enacted years ago, dealing with energy siting, we require the people who are going to put in place any kind of energy siting to pay for all the maps, and the studies, and the mitigation and all that. Under the interpretation that we have been given by the attorneys, we would have to pay for that. I think the big issue is that every action they take, they have to do an economic analysis before they do that. This would have a tremendous chilling effect. You, I know, as a former County Commissioner, knows how expensive it is whenever you have to have staff put together all of those plans. That is where the real costs would be for local government--is putting together all of those analyses."
Senator Deccio: "Yes, I was a County Commissioner for four years and I can say very proudly that to my knowledge there has never been a eminent domain action by Yakima County. They always paid the bill. I think that the strength of government has become awesome and fearful in the last several years and it is time that we, at least, balanced out this issue. Maybe it may work to the great benefit of the property owner and if it does, it is about time. To this point, the big hammer, the big banana, whatever you ever want to refer to it, is state and local government and also the federal government.
"The environmental issues that are before us from day to day have worked not to the benefit of the general public. At least, let's get an issue on the ballot that will tip the scales back in favor of the property owners for a change. This is a very important Initiative; the people are speaking out. I can tell you that if this goes to the ballot, it is going to pass overwhelming. Initiatives and referendums are a poor way to do business. We ought to solve this problem in the Legislature, but we haven't. That is why this issue is before us today and I hope there will be a proper vote. Thank you."
REMARKS BY SENATOR FAIRLEY
Senator Fairley: "Thank you, Mr. President. There are two things about Initiative 164. First off, it is the full employment act for attorneys. Second off, it is bankruptcy for my town. Tomorrow night at seven thirty, I become a City Councilwoman, again, in a small town in North King County. Well, because, I will have to tell them what has gone on here today, and as Senator Fraser alluded to, this will be devastating to our people. We will have to hire a full time attorney. We will have to hire a full time land-use planner. On one little tiny issue alone--I took a look at it--the creek is overflowing because of something that was put on the creek earlier by our town. It is going to cost us five hundred and forty-six thousand dollars. Now people, my whole town's budget is five million a year. We are going to have to lock the doors and leave, because of the ambiguous language, the wording in this Initiative.
"I'm not saying there isn't something we should do on these lines, but this is not the way to do it. I didn't come here to give more money to the attorneys out there, more money to people who want to make it difficult for small towns like mine to exist. But, this is what is going on today."
REMARKS BY SENATOR ANN ANDERSON
Senator Ann Anderson: "Thank you, Mr. President. This is not a new debate; this is not a new issue for this floor. As a matter of fact, for four years in a row, I worked with some people in this body to try to relieve the pressure on this issue. I had a bill that said that before wetlands could be regulated, you first of all had to map the wetlands, so that you know what you are regulating. Secondly, you would have to notify the property owner that they potentially had a regulated wetland on their property. Thirdly, notify them of when the hearing was to come and talk about it, and then fourthly, if the local jurisdiction did decide to regulate private property, in some way then, the local jurisdiction was obligated to compensate, via through lower property taxes or other methods of compensation.
"During that debate, we heard from local governments--'we can't afford it, too expensive.' My question was, what makes you think that each one of those individual property owners can afford it? That's what happens, you see, in the system that we have now is that governments can write any regulation that they want to because they know they are not obligated to compensate in any way. Human nature is--when it is free, 'Hey, take more, stuff your pockets full.' So, instead of maybe a twenty-five foot buffer, we're seeing two hundred foot buffers, when the same environmental protection could have been satisfied by twenty-five foot buffers.
"That's why this measure is before us today. Systemically, every solution that we have had before has been turned down; the argument has been pat--'Local government can't afford it.' I'm telling you that individual property owners can no longer, out of their own pocket, afford it. If environmental protection is important, then society as a whole should be willing to pay for it. Local governments should be willing to budget that, just like they budget roads, just like they budget social services. That has to be figured in what their budgets are now, because people have said that protection is important, but it is time that everybody starts paying it and not just single property owners scattered throughout this state."
REMARKS BY SENATOR ROACH
Senator Roach: "Thank you, Mr. President. You maybe know that I work in King County and I work a lot with constituents. During the last few years, I have had grown men cry on the phone for the losses that have been imposed on them by government. For some members, I would like to either inform you if you don't know or remind you that in King County, they--the voters--authorized outright buy-outs of land. In King County, the voters also authorized development rights buy-outs--legitimate ways of acquiring land and people were compensated. Then began a series of declarations and rezones and those people weren't compensated in any way. I understand that we do have by a court ruling, the ability to zone, but there is an extent to which we need to understand that property owners need to be compensated.
"I believe that our State Constitution and the U.S. Constitution let us know. The fifth amendment of the Constitution of the United States says that there shall be no taking without compensation. I love the founding fathers of the state of Washington, because they go just one step further--'No private property shall be taken or damaged for public or private use without just compensation having first been made.' I think that is important to understand that our founding fathers took it just a little further, because they understood the nature of government and they have provided this extra protection for us. Unfortunately, legislators in the past--Legislatures in the past--have not been so responsive and we find ourselves buffeted one way or another by Initiatives solely because the Legislature hasn't addressed the issues the way the people want them addressed. I'm glad to know that they have the powers they do vested in them, and I'll be voting 'yes.'
REMARKS BY SENATOR McAULIFFE
Senator McAuliffe: "Thank you, Mr. President. Let me tell you a story and this is a story about myself. I am an individual property owner; I own two acres in King County. In 1989, a historic building that I own was caught on fire and needed to be remodeled and updated. I went to the King County Building and Land Department and put in my application for a permit. At that time, I was told that I would never get a permit for this property under the laws of this state. There were too many regulations, there were too many piled on top of each other; they would affect my stream, my historic building, my--let me see how I can say this--overlay of my parking lot. I didn't think I ever wanted to know about a grass line swale, I didn't think that I ever cared about an underground storage tank.
"Let my tell you, that six years later, I did receive a permit. I played by the rules; they were tough and they were hard. As an individual property owner, I didn't always have the money to gut through with the big projects, but I did it. Why did I do it, because I believed in the environment and I believed in playing by the rules. I want my creek restored and I want my building to be something that everyone could be proud of. I ask you to play by the rules. Initiative 164 does not do that. You have usurped this process, taken this from this committee after it has been heard, researched, evaluated and voted against and now you are usurping the process again. I'm afraid you are not playing by the rules and I am very disappointed in that--by this body."
REMARKS BY SENATOR PRENTICE
Senator Prentice: "Thank you, Mr. President. It is pretty clear what is happening in this room is that a minority of the people--those in this room--are going to be cramming their view down on the people of this state. I have to ask myself, 'Why they are so unwilling to let the people of this state vote on this?' I am absolutely certain and they know, also, that this would be voted down overwhelmingly when the people know what this is about. Why am I so sure? In the last race for the Land Commissioner, the current Land Commissioner was labeled an outright environmentalist--outright environmentalist. So, there she sits proudly commissioning the lands for whatever that means. Others have spoken more eloquently about what this harms--what harm this Initiative will do--not only to the environment, to jobs, to schools, the very financial underpinning of our state.
"Let's look at what this really is. Land developers have been hiding behind and manipulating elderly people. This is not about property rights; it is about greed--buck naked greed. I urge you to defeat this."
REMARKS BY SENATOR FRANKLIN
Senator Franklin: "Thank you, Mr. President. Ladies and gentlemen of the Senate, we hear the underpinnings of tiresome, boredom, get on with it, but this is indeed a very, very complex issue. It sounds really--property rights--I'm all for property rights and in regards to the illustrious Senator, I am very sensitive to his concerns. Having served on the Pierce County Commission for nine years, we came in contact in regards to this issue--the issue of taking. I knew that eventually, if it were not resolved that we would, in the future, would have been faced with an Initiative. Unfortunately, this Initiative, really, it touches the lives of everyone. It is not just for one particular group of people. The complexity of it will determine the future of all Washingtonians and tourists as they come and as we live in our beautiful state.
"Let us not think that it is just simply private property rights of which I am a strong believer, but the underpinning of what it is all about. It is a complex issue; it needs the debate within the public arena--the debate because John Q. Public out there--the citizens really do not understand what is going on here tonight--I really do not think at all. Because of my interest, having served on the Natural Resources Committee, I took this during the interim and went to Eastern Washington and had meetings dealing with the issue of property rights. The solution is not in this Initiative. I think now that if it is passed, that I will be in the wrong profession, that I will return to law school and earn a lot of money, because certainly this will not compare to it--go back to law school to become fully employed as a land use attorney and we will go from there."
REMARKS BY SENATOR WINSLEY
Senator Winsley: "Thank you, Mr. President, and ladies and gentlemen of the Senate. I represent a very suburban area and two of the areas in my district, Lakewood and University Place, just voted for incorporation. Last November, University Place, for the first time, put incorporation on the ballot and by eighty-two percent, the people voted to incorporate. What was the issue--growth and a lack of county regulation. People were tired of all the apartments that were being built. University Place is basically homes on a hill, overlooks Puget Sound. They were seeing new homes being built, trees being cut down and when it rained, the people down below were getting the mud from the homes of the people up above. One man had his garage washed away in the rain down below from the water that was coming down the bank--growth and a lack of county regulations.
"Lakewood voted, just this March, by a sixty percent vote to incorporate. What was the issue? Growth, lack of county regulations, too many apartments, too much strip zoning. There was a brochure that was put out. On the outside of the cover, it showed a picture of a man and his child walking along the lake and it said, 'This is not the real Lakewood,' and when you opened it up, there was a collage of about twenty-five apartment complexes-- and as it went on there was a picture of each one-- and they put them together and that was the whole message.
"For us down here, sent by the people that elect us, I feel that I am representing my district when ninety thousand people--sixty thousand of Lakewood, thirty thousand of University Place, can vote for incorporation with eighty-two percent of the vote. There is a strong message there. Yes, I suppose if I represented a rural area, I will look at this issue much differently, but we are here. For the suburbanites who just incorporated because they don't feel that the county is doing their job, I'm afraid they are going to get a message through this Initiative that they are probably not going to able to put the brakes on growth as they thought they would. So, I am voting 'no' on behalf of my district."
REMARKS BY SENATOR HAUGEN
Senator Haugen: "Thank you, Mr. President. Well, it is really sad for Frank and his widow and I think the worst thing about it is that this is another false hope. This is an example of the Legislature riding into town again on its white horse, passing 164 and going out to the people and saying, 'We passed property rights,' only for it to end up in court. Frank's widow, I hope she lives long enough, I hope she has the ability to hire an attorney. Everyone, both pros and con--our colleagues in the House spent hours and hours trying to clarify what it says, because everyone knows it isn't clear what it says. I don't want to go into that; I think that the thing that is so ironic is that this undoes all the work that we did on regulatory reform and all the work we did on SEPA and GMA.
"What this does, it makes every action that local government takes--just read Section 7 where it says, 'Any action, requirement, or restriction by a governmental entity, other than actions to prevent or abate public nuisances'--which is very difficult to prove--'that limits the use of public development'-- has to have a full economic development, which has to be prepared within thirty days. What does that do? It tells you that local governments simply aren't going to do it.
"Worst of all, what this does is that this guts the Growth Management Act of this state. Now, a lot of you say that is not true. Let me tell you, as of the tenth of this month, fifty cities have fully adopted growth management plans and four counties. Now, you and I both know that is a whole lot--and there are a whole lot more out there doing it. What this Initiative does it puts a very chilling effect on what is happening out there. All of those local governments will now stop their work.
"I had the privilege to work on growth management in this state and no matter what people think, growth management wasn't about a grand vision of what the state of Washington would look like, although I will maintain, that the people live in the state of Washington for the quality of life. It was about predictability, because from what we heard from developers and the small home owners, that they couldn't get a permit and they couldn't get through the whole maze and it is going to be back to that. I maintain that all those people who put their money in this and I don't want to question their reasons for doing that, but they will be here saying, 'You must do something; we must be able to get our permits,' because local governments aren't going to do it.
"This truly does gut the Growth Management Act and perhaps that is what you want, but for you to go back into your districts and look them in the eye and say, 'I did something for property rights' is a lie. This is nothing for property rights; this is nothing but something to be fought in the courts. Someday we will have to come back and try to fix it. Tomorrow, I will be on the streets gathering signatures so that the people have the right--have the right--to vote on that and I would urge you to have the courage to give them the right to vote on that. The public debate has only begun in this building; it will be continued in every town hall, every grange hall, every community center in this state."
REMARKS BY THE PRESIDENT
President Pritchard: "The clerk will call the roll on the final passage of Initiative 164."
ROLL CALL
The Secretary called the roll and Initiative 164 passed the Senate by the following vote: Yeas, 28; Nays, 20; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Hale, Hargrove, Hochstatter, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prince, Rasmussen, Roach, Schow, Sellar, Snyder, Strannigan, Swecker, West and Wood - 28.
Voting nay: Senators Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Haugen, Heavey, Kohl, McAuliffe, Pelz, Prentice, Quigley, Rinehart, Sheldon, Smith, Spanel, Sutherland, Winsley and Wojahn - 20.
Excused: Senator Anderson, C. - 1.
MOTION
At 5:05 p.m., on motion of Senator Spanel, the Senate adjourned until 9:00 a.m., Wednesday, April 19, 1995.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate