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FIFTY SEVENTH LEGISLATURE - REGULAR SESSION

___________________________________________________________________________________________

FORTY SIXTH DAY

___________________________________________________________________________________________

House Chamber, Olympia, Thursday, February 28, 2002

The House was called to order at 9:55 a.m. by the Speaker (Representative Ogden presiding).

Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.

RESOLUTION

HOUSE RESOLUTION NO. 2002-4723, by Representatives Mastin and Grant

WHEREAS, The Walla Walla Community College Pom Squad earned top honors at the Universal Dance Association's competition in Orlando, Florida on January 13, 2002; and

WHEREAS, The Walla Walla Community College Pom Squad, under the direction of coaches, Teri Rowe and Nichole Best, took first place in the open dance division, competing against 25 other schools, a mix of two and four-year colleges and universities; and

WHEREAS, The Walla Walla Community College Pom Squad has been among the top 10 finalists two years in a row, winning third place in the same category last year; and

WHEREAS, The Walla Walla Community College Pom Squad appeared on ESPN2 on February 6, 2002, performing their winning dance while clad in shiny ruby red jumpsuits and black top hats; and

WHEREAS, The Walla Walla Community College Pom Squad consists of team members Jessica Ardis, Caiti Berg, Launa Delo, Cassie Driggs, Sandra Enriquez, Jessica Fowler, Andria Haeger, Jackie Hightower, Annlee Hoy, Kiki Macivor, Jen Malloy, Sara Nicholas, Kim Pennala, Maria Rios, Nichole Smith, and Angie Stapleton;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the State of Washington recognize and honor the Walla Walla Community College Pom Squad and coaches for their extraordinary talents and incredible victory in winning the 2002 National Collegiate Dance Championships.

House Resolution No. 4723 was adopted.

REPORTS OF STANDING COMMITTEES

February 27, 2002

HB 2969 Prime Sponsor, Representative Fisher: Addressing transportation improvement and financing. Reported by Committee on Transportation

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Fisher, Chairman; Cooper, Vice Chairman; Edwards; Haigh; Hatfield; Jackley; Lovick; Murray; Ogden; Reardon; Rockefeller; Romero; Simpson; Sullivan and Wood.

MINORITY recommendation: Do not pass. Signed by Representatives Mitchell, Ranking Minority Member; Anderson; Armstrong; Ericksen; Hankins; Holmquist; Jarrett; Mielke; Morell; Schindler and Woods.

Voting yea: Representatives Fisher, Cooper, Edwards, Haigh, Hatfield, Jackley, Lovick, Murray, Ogden, Reardon, Rockefeller, Romero, Simpson, Sullivan and Wood.

Voting Nay: Representatives Mitchell, Anderson, Armstrong, Ericksen, Hankins, Holmquist, Jarrett, Mielke, Morell, Schindler, Skinner and Woods.

February 27, 2002

HB 2984 Prime Sponsor, Representative Mielke: Allowing additional public-private transportation initiatives. Reported by Committee on Transportation

MINORITY recommendation: Do not pass. Signed by Representatives Mitchell, Ranking Minority Member; Anderson; Armstrong; Ericksen; Hankins; Holmquist; Jarrett; Mielke; Morell; Schindler; Skinner and Woods.

Voting yea: Representatives Fisher, Cooper, Edwards, Haigh, Hatfield, Jackley, Lovick, Murray, Ogden, Reardon, Rockefeller, Romero, Simpson, Sullivan and Wood.

Voting Nay: Representatives Mitchell, Anderson, Armstrong, Ericksen, Hankins, Holmquist, Jarrett, Mielke, Morell, Schindler, Skinner and Woods.

Passed to Committee on Rules for second reading.

February 27, 2002

HB 2986 Prime Sponsor, Representative Ericksen: Authorizing habitat mitigation banks. Reported by Committee on Transportation

MAJORITY recommendation: Do pass. Signed by Representatives Fisher, Chairman; Mitchell, Ranking Minority Member; Anderson; Armstrong; Ericksen; Hankins; Hatfield; Holmquist; Mielke; Morell; Reardon; Schindler; Skinner and Woods.

MINORITY recommendation: Do not pass. Signed by Representatives Cooper, Vice Chairman; Edwards; Haigh; Jackley; Jarrett; Lovick; Murray; Ogden; Rockefeller; Romero; Simpson; Sullivan and Wood.

Passed to Committee on Rules for second reading.

February 27, 2002

HB 2990 Prime Sponsor, Representative Schindler: Continuing transportation efficiencies. Reported by Committee on Transportation

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Fisher, Chairman; Cooper, Vice Chairman; Edwards; Haigh; Hatfield; Jackley; Jarrett; Lovick; Murray; Ogden; Reardon; Rockefeller; Romero; Simpson; Sullivan and Wood.

MINORITY recommendation: Do not pass. Signed by Representatives Mitchell, Ranking Minority Member; Anderson; Armstrong; Ericksen; Hankins; Holmquist; Mielke; Morell; Schindler; Skinner and Woods.

Voting yea: Representatives Fisher, Cooper, Edwards, Haigh, Hatfield, Jackley, Jarrett, Lovick, Murray, Ogden, Reardon, Rockefeller, Romero, Simpson, Sullivan and Wood.

Voting Nay: Representatives Mitchell, Anderson, Armstrong, Ericksen, Hankins, Holmquist, Mielke, Morell, Schindler, Skinner and Woods.

February 27, 2002

HB 2992 Prime Sponsor, Representative Kirby: Concerning the collection of transportation-related impact fees for residential construction. Reported by Committee on Transportation

MAJORITY recommendation: Do pass. Signed by Representatives Fisher, Chairman; Lovick, Vice Chairman; Mitchell, Ranking Minority Member; Anderson; Armstrong; Ericksen; Haigh; Hankins; Hatfield; Holmquist; Jackley; Jarrett; Mielke; Morell; Reardon; Rockefeller; Schindler; Skinner; Sullivan and Woods.

MINORITY recommendation: Do not pass. Signed by Representatives Cooper, Vice Chairman; Edwards; Murray; Ogden; Romero; Simpson and Wood.

Voting yea: Representatives Fisher, Lovick, Mitchell, Anderson, Armstrong, Ericksen, Haigh, Hankins, Hatfield, Holmquist, Jackley, Jarrett, Mielke, Morell, Reardon, Rockefeller, Schindler, Skinner, Sullivan and Woods.

Voting nay: Representatives Cooper, Edwards, Murray, Ogden, Romero, Simpson and Wood.

Passed to Committee on Rules for second reading.

February 27, 2002

HB 2995 Prime Sponsor, Representative Fisher: Allowing vehicle dealers to charge documentary service fees. Reported by Committee on Transportation

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Fisher, Chairman; Cooper, Vice Chairman; Lovick, Vice Chairman; Armstrong; Ericksen; Haigh; Hankins; Hatfield; Holmquist; Jackley; Jarrett; Morell; Murray; Ogden; Rockefeller; Romero; Simpson; Skinner; Sullivan; Wood and Woods.

MINORITY recommendation: Do not pass. Signed by Representatives Mitchell, Ranking Minority Member; Anderson; Edwards; Mielke and Schindler.

Voting yea: Representatives Fisher, Cooper, Lovick, Armstrong, Ericksen, Haigh, Hankins, Hatfield, Holmquist, Jackley, Jarrett, Morell, Murray, Ogden, Reardon, Rockefeller, Romero, Simpson, Skinner, Sullivan, Wood and Woods.

Voting Nay: Representatives Mitchell, Anderson, Edwards, Mielke and Schindler.

February 26, 2002

SB 5064 Prime Sponsor, Senator Prentice: Defining degrees of gambling cheating. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 9.46.196 and 1991 c 261 s 8 are each amended to read as follows:

((No person participating in a gambling activity shall in the course of such participation, directly or indirectly)) "Cheating," as used in this chapter, means to:

(1) Employ or attempt to employ any device, scheme, or artifice to defraud any other participant or any operator;

(2) Engage in any act, practice, or course of operation as would operate as a fraud or deceit upon any other participant or any operator;

(3) Engage in any act, practice, or course of operation while participating in a gambling activity with the intent of cheating any other participant or the operator to gain an advantage in the game over the other participant or operator; or

(4) Cause, aid, abet, or conspire with another person to cause any other person to violate subsections (1) through (3) of this section.

((Any person violating this section shall be guilty of a gross misdemeanor subject to the penalty set forth in RCW 9A.20.021.))

NEW SECTION. Sec. 2. A new section is added to chapter 9.46 RCW to read as follows:

(1) A person is guilty of cheating in the first degree if he or she engages in cheating and:

(a) Knowingly causes, aids, abets, or conspires with another to engage in cheating; or

(b) Holds a license or similar permit issued by the state of Washington to conduct, manage, or act as an employee in an authorized gambling activity.

(2) Cheating in the first degree is a class C felony subject to the penalty set forth in RCW 9A.20.021. In addition to any other penalties imposed by law for a conviction of a violation of this section the court may impose an additional penalty of up to twenty thousand dollars.

NEW SECTION. Sec. 3. A new section is added to chapter 9.46 RCW to read as follows:

(1) A person is guilty of cheating in the second degree if he or she engages in cheating and his or her conduct does not constitute cheating in the first degree.

(2) Cheating in the second degree is a gross misdemeanor subject to the penalty set forth in RCW 9A.20.021.

Sec. 4. RCW 9.94A.515 and 2001 2nd sp.s. c 12 s 361, 2001 c 300 s 4, 2001 c 217 s 12, and 2001 c 17 s 1 are each reenacted and amended to read as follows:

TABLE 2

CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

XVI Aggravated Murder 1 (RCW 10.95.020)

XV Homicide by abuse (RCW 9A.32.055)

Malicious explosion 1 (RCW 70.74.280(1))

Murder 1 (RCW 9A.32.030)

XIV Murder 2 (RCW 9A.32.050)

XIII Malicious explosion 2 (RCW 70.74.280(2))

Malicious placement of an explosive 1 (RCW 70.74.270(1))

XII Assault 1 (RCW 9A.36.011)

Assault of a Child 1 (RCW 9A.36.120)

Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))

Rape 1 (RCW 9A.44.040)

Rape of a Child 1 (RCW 9A.44.073)

XI Manslaughter 1 (RCW 9A.32.060)

Rape 2 (RCW 9A.44.050)

Rape of a Child 2 (RCW 9A.44.076)

X Child Molestation 1 (RCW 9A.44.083)

Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))

Kidnapping 1 (RCW 9A.40.020)

Leading Organized Crime (RCW 9A.82.060(1)(a))

Malicious explosion 3 (RCW 70.74.280(3))

Manufacture of methamphetamine (RCW 69.50.401(a)(1)(ii))

Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)

Sexually Violent Predator Escape (RCW 9A.76.115)

IX Assault of a Child 2 (RCW 9A.36.130)

Controlled Substance Homicide (RCW 69.50.415)

Explosive devices prohibited (RCW 70.74.180)

Hit and Run--Death (RCW 46.52.020(4)(a))

Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 79A.60.050)

Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))

Malicious placement of an explosive 2 (RCW 70.74.270(2))

Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)

Robbery 1 (RCW 9A.56.200)

Sexual Exploitation (RCW 9.68A.040)

Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)

VIII Arson 1 (RCW 9A.48.020)

Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))

Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050)

Manslaughter 2 (RCW 9A.32.070)

Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(a)(1)(ii))

Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))

Possession of Ephedrine, Pseudoephedrine, or Anhydrous Ammonia with intent to manufacture methamphetamine (RCW 69.50.440)

Promoting Prostitution 1 (RCW 9A.88.070)

Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)

Theft of Anhydrous Ammonia (RCW 69.55.010)

Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)

VII Burglary 1 (RCW 9A.52.020)

Child Molestation 2 (RCW 9A.44.086)

Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)

Drive-by Shooting (RCW 9A.36.045)

Homicide by Watercraft, by disregard for the safety of others (RCW 79A.60.050)

Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))

Introducing Contraband 1 (RCW 9A.76.140)

Involving a minor in drug dealing (RCW 69.50.401(f))

Malicious placement of an explosive 3 (RCW 70.74.270(3))

Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)

Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))

Use of a Machine Gun in Commission of a Felony (RCW 9.41.225)

Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)

VI Bail Jumping with Murder 1 (RCW 9A.76.170(3)(a))

Bribery (RCW 9A.68.010)

Incest 1 (RCW 9A.64.020(1))

Intimidating a Judge (RCW 9A.72.160)

Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)

Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))

Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) or flunitrazepam from Schedule IV (RCW 69.50.401(a)(1)(i))

Rape of a Child 3 (RCW 9A.44.079)

Theft of a Firearm (RCW 9A.56.300)

Unlawful Storage of Anhydrous Ammonia (RCW 69.55.020)

V Abandonment of dependent person 1 (RCW 9A.42.060)

Advancing money or property for extortionate extension of credit (RCW 9A.82.030)

Bail Jumping with class A Felony (RCW 9A.76.170(3)(b))

Child Molestation 3 (RCW 9A.44.089)

Criminal Mistreatment 1 (RCW 9A.42.020)

Custodial Sexual Misconduct 1 (RCW 9A.44.160)

Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))

Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145)

Extortion 1 (RCW 9A.56.120)

Extortionate Extension of Credit (RCW 9A.82.020)

Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)

Incest 2 (RCW 9A.64.020(2))

Kidnapping 2 (RCW 9A.40.030)

Perjury 1 (RCW 9A.72.020)

Persistent prison misbehavior (RCW 9.94.070)

Possession of a Stolen Firearm (RCW 9A.56.310)

Rape 3 (RCW 9A.44.060)

Rendering Criminal Assistance 1 (RCW 9A.76.070)

Sexual Misconduct with a Minor 1 (RCW 9A.44.093)

Sexually Violating Human Remains (RCW 9A.44.105)

Stalking (RCW 9A.46.110)

IV Arson 2 (RCW 9A.48.030)

Assault 2 (RCW 9A.36.021)

Assault by Watercraft (RCW 79A.60.060)

Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)

Cheating 1 (section 2 of this act)

Commercial Bribery (RCW 9A.68.060)

Counterfeiting (RCW 9.16.035(4))

Escape 1 (RCW 9A.76.110)

Hit and Run--Injury (RCW 46.52.020(4)(b))

Hit and Run with Vessel--Injury Accident (RCW 79A.60.200(3))

Identity Theft 1 (RCW 9.35.020(2)(a))

Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)

Influencing Outcome of Sporting Event (RCW 9A.82.070)

Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))

Malicious Harassment (RCW 9A.36.080)

Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401(a)(1) (iii) through (v))

Residential Burglary (RCW 9A.52.025)

Robbery 2 (RCW 9A.56.210)

Theft of Livestock 1 (RCW 9A.56.080)

Threats to Bomb (RCW 9.61.160)

Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))

Vehicular Assault, by being under the influence of intoxicating liquor or any drug, or by the operation or driving of a vehicle in a reckless manner (RCW 46.61.522)

Willful Failure to Return from Furlough (RCW 72.66.060)

III Abandonment of dependent person 2 (RCW 9A.42.070)

Assault 3 (RCW 9A.36.031)

Assault of a Child 3 (RCW 9A.36.140)

Bail Jumping with class B or C Felony (RCW 9A.76.170(3)(c))

Burglary 2 (RCW 9A.52.030)

Communication with a Minor for Immoral Purposes (RCW 9.68A.090)

Criminal Gang Intimidation (RCW 9A.46.120)

Criminal Mistreatment 2 (RCW 9A.42.030)

Custodial Assault (RCW 9A.36.100)

Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))

Escape 2 (RCW 9A.76.120)

Extortion 2 (RCW 9A.56.130)

Harassment (RCW 9A.46.020)

Intimidating a Public Servant (RCW 9A.76.180)

Introducing Contraband 2 (RCW 9A.76.150)

Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(a)(6))

Malicious Injury to Railroad Property (RCW 81.60.070)

Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(iii))

Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))

Patronizing a Juvenile Prostitute (RCW 9.68A.100)

Perjury 2 (RCW 9A.72.030)

Possession of Incendiary Device (RCW 9.40.120)

Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190)

Promoting Prostitution 2 (RCW 9A.88.080)

Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))

Securities Act violation (RCW 21.20.400)

Tampering with a Witness (RCW 9A.72.120)

Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230)

Theft of Livestock 2 (RCW 9A.56.080)

Unlawful Imprisonment (RCW 9A.40.040)

Unlawful possession of firearm in the second degree (RCW 9.41.040(1)(b))

Unlawful Use of Building for Drug Purposes (RCW 69.53.010)

Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522)

Willful Failure to Return from Work Release (RCW 72.65.070)

II Computer Trespass 1 (RCW 9A.52.110)

Counterfeiting (RCW 9.16.035(3))

Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))

Escape from Community Custody (RCW 72.09.310)

Health Care False Claims (RCW 48.80.030)

Identity Theft 2 (RCW 9.35.020(2)(b))

Improperly Obtaining Financial Information (RCW 9.35.010)

Malicious Mischief 1 (RCW 9A.48.070)

Possession of controlled substance that is either heroin or narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(d))

Possession of phencyclidine (PCP) (RCW 69.50.401(d))

Possession of Stolen Property 1 (RCW 9A.56.150)

Theft 1 (RCW 9A.56.030)

Theft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more) (RCW 9A.56.096(4))

Trafficking in Insurance Claims (RCW 48.30A.015)

Unlawful Practice of Law (RCW 2.48.180)

Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))

I Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

False Verification for Welfare (RCW 74.08.055)

Forged Prescription (RCW 69.41.020)

Forged Prescription for a Controlled Substance (RCW 69.50.403)

Forgery (RCW 9A.60.020)

Malicious Mischief 2 (RCW 9A.48.080)

Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine or flunitrazepam) (RCW 69.50.401(d))

Possession of Stolen Property 2 (RCW 9A.56.160)

Reckless Burning 1 (RCW 9A.48.040)

Taking Motor Vehicle Without Permission (RCW 9A.56.070)

Theft 2 (RCW 9A.56.040)

Theft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less than one thousand five hundred dollars) (RCW 9A.56.096(4))

Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)

Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))

Vehicle Prowl 1 (RCW 9A.52.095)"

Correct the title.

Signed by Representatives O'Brien, Chairman; Lovick, Vice Chairman; Ahern; Kagi and Kirby.

MINORITY recommendation: Without recommendation. Signed by Representatives Ballasiotes, Ranking Minority Member; Morell.

Voting yea: Representatives O'Brien, Lovick, Ahern, Kagi and Kirby.

Voting Nay: Representatives Ballasiotes and Morell.

Passed to Committee on Rules for second reading.

February 28, 2002

SSB 5097 Prime Sponsor, Senate Committee on State & Local Government: Requiring public entities to display the national league of families' POW/MIA flag. Reported by Committee on State Government

MAJORITY recommendation: Do pass. Signed by Representatives Romero, Chairman; Miloscia, Vice Chairman; McMorris, Ranking Minority Member; McDermott and Schmidt.

MINORITY recommendation: Without recommendation. Signed by Representatives Schindler.

Voting yea: Representatives Romero, Miloscia, McMorris, McDermott and Schmidt.

Voting Nay: Representative Schindler.

Excused: Representative Upthegrove.

Passed to Committee on Rules for second reading.

February 27, 2002

2SSB 5104 Prime Sponsor, Senate Committee on Natural Resources, Parks & Shorelines: Using revenues under the county conservation futures levy. Reported by Committee on Natural Resources

MAJORITY recommendation: Do pass. Signed by Representatives Doumit, Chairman; Rockefeller, Vice Chairman; Eickmeyer; Jackley; McDermott and Upthegrove.

MINORITY recommendation: Do not pass. Signed by Representatives Sump, Ranking Minority Member; Buck; Ericksen; Orcutt and Pearson.

Voting yea: Representatives Doumit, Rockefeller, Eickmeyer, Jackley, McDermott and Upthegrove.

Voting Nay: Representatives Sump, Buck, Ericksen, Orcutt and Pearson.

Referred to Committee on Finance.

February 28, 2002

E2SSB 5134 Prime Sponsor, Senate Committee on Labor, Commerce & Financial Institutions: Modifying provisions of the mobile home landlord-tenant act. Reported by Committee on Local Government & Housing

MAJORITY recommendation: Do pass. Signed by Representatives Dunshee, Chairman; Edwards, Vice Chairman; Mulliken, Ranking Minority Member; Berkey; Crouse; DeBolt; Dunn; Hatfield; Kirby; Mielke and Sullivan.

Voting yea: Representatives Dunshee, Edwards, Mulliken, Berkey, Crouse, DeBolt, Dunn, Hatfield, Kirby, Mielke and Sullivan.

Passed to Committee on Rules for second reading.

February 28, 2002

SB 5188 Prime Sponsor, Senator McCaslin: Providing an alternative manner of dispersing surplus political funds. Reported by Committee on State Government

MAJORITY recommendation: Do pass. Signed by Representatives Romero, Chairman; Miloscia, Vice Chairman; McMorris, Ranking Minority Member; McDermott; Schindler and Schmidt.

Voting yea: Representatives Romero, Miloscia, McMorris, McDermott, Schindler and Schmidt.

Excused: Representative Upthegrove.

Passed to Committee on Rules for second reading.

February 28, 2002

ESSB 5207 Prime Sponsor, Senate Committee on Human Services & Corrections: Regulating DNA testing. Reported by Committee on Health Care

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 70.02.010 and 1993 c 448 s 1 are each amended to read as follows:

((As used in this chapter, unless the context otherwise requires:)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Audit" means an assessment, evaluation, determination, or investigation of a health care provider by a person not employed by or affiliated with the provider to determine compliance with:

(a) Statutory, regulatory, fiscal, medical, or scientific standards;

(b) A private or public program of payments to a health care provider; or

(2) "Directory information" means information disclosing the presence, and for the purpose of identification, the name, residence, sex, and the general health condition of a particular patient who is a patient in a health care facility or who is currently receiving emergency health care in a health care facility.

(3) "General health condition" means the patient's health status described in terms of "critical," "poor," "fair," "good," "excellent," or terms denoting similar conditions.

(4) "Health care" means any care, service, or procedure provided by a health care provider:

(a) To diagnose, treat, or maintain a patient's physical or mental condition; or

(b) That affects the structure or any function of the human body.

(5) "Health care facility" means a hospital, clinic, nursing home, laboratory, office, or similar place where a health care provider provides health care to patients.

(6) "Health care information" means any information, whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of a patient and directly relates to the patient's health care, including a patient's deoxyribonucleic acid and identified sequence of chemical base pairs. The term includes any record of disclosures of health care information.

(7) "Health care provider" means a person who is licensed, certified, registered, or otherwise authorized by the law of this state to provide health care in the ordinary course of business or practice of a profession.

(8) "Institutional review board" means any board, committee, or other group formally designated by an institution, or authorized under federal or state law, to review, approve the initiation of, or conduct periodic review of research programs to assure the protection of the rights and welfare of human research subjects.

(9) "Maintain," as related to health care information, means to hold, possess, preserve, retain, store, or control that information.

(10) "Patient" means an individual who receives or has received health care. The term includes a deceased individual who has received health care.

(11) "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.

(12) "Reasonable fee" means the charges for duplicating or searching the record, but shall not exceed sixty-five cents per page for the first thirty pages and fifty cents per page for all other pages. In addition, a clerical fee for searching and handling may be charged not to exceed fifteen dollars. These amounts shall be adjusted biennially in accordance with changes in the consumer price index, all consumers, for Seattle-Tacoma metropolitan statistical area as determined by the secretary of health. However, where editing of records by a health care provider is required by statute and is done by the provider personally, the fee may be the usual and customary charge for a basic office visit.

(13) "Third-party payor" means an insurer regulated under Title 48 RCW authorized to transact business in this state or other jurisdiction, including a health care service contractor, and health maintenance organization; or an employee welfare benefit plan; or a state or federal health benefit program."

Correct the title.

Signed by Representatives Cody, Chairman; Schual-Berke, Vice Chairman; Campbell, Ranking Minority Member; Alexander; Ballasiotes; Benson; Conway; Darneille; Edwards; Ruderman and Skinner.

Voting yea: Representatives Cody, Schual-Berke, Campbell, Alexander, Ballasiotes, Benson, Conway, Darneille, Edwards, Ruderman and Skinner.

Passed to Committee on Rules for second reading.

February 28, 2002

ESSB 5236 Prime Sponsor, Senate Committee on Human Services & Corrections: Ensuring the health and safety of newborn infants who have been abandoned and exempting from criminal liability persons who abandon them into the custody of a qualified person. Reported by Committee on Children & Family Services

MAJORITY recommendation: Do pass as amended.

On page 6, on line 7 after "compensation." insert "The department shall provide support to the task force, including the production of the required report and travel reimbursements, within existing resources, unless private or other non-state funding can be secured."

On page 1, beginning on line 11, after "well-being." strike all material through "newborns." on line 17

Signed by Representatives Tokuda, Chairman; Kagi, Vice Chairman; Darneille; Dickerson; Miloscia and Nixon.

MINORITY recommendation: Do not pass. Signed by Representatives Boldt, Ranking Minority Member; Morell.

Passed to Committee on Rules for second reading.

February 26, 2002

ESSB 5264 Prime Sponsor, Senate Committee on Ways & Means: Prohibiting public employers from misclassifying employees to avoid providing benefits. Reported by Committee on Commerce & Labor

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 49.44 RCW to read as follows:

The legislature intends that public employers be prohibited from misclassifying employees, or taking other action to avoid providing or continuing to provide employment-based benefits to which employees are entitled under state law or employer policies or collective bargaining agreements applicable to the employee's correct classification.

This act does not mandate that any public employer provide benefits to actual temporary, seasonal, or part-time employees beyond the benefits to which they are entitled under state law or employer policies or collective bargaining agreements applicable to the employee's correct classification. Public employers may determine eligibility rules for their own benefit plans and may exclude categories of workers such as "temporary" or "seasonal," so long as the definitions and eligibility rules are objective and applied on a consistent basis. Objective standards, such as control over the work and the length of the employment relationship, should determine whether a person is an employee who is entitled to employee benefits, rather than the arbitrary application of labels, such as "temporary" or "contractor." Common law standards should be used to determine whether a person is performing services as an employee, as a contractor, or as part of an agency relationship.

This act does not modify any statute or policy regarding the employment of: Public employee retirees who are hired for postretirement employment as provided for in chapter 41.26, 41.32, 41.35, or 41.40 RCW or who work as contractors; or enrolled students who receive employment as student employees or as part of their education or financial aid.

NEW SECTION. Sec. 2. A new section is added to chapter 49.44 RCW to read as follows:

(1) It is an unfair practice for any public employer to:

(a) Misclassify any employee to avoid providing or continuing to provide employment-based benefits; or

(b) Include any other language in a contract with an employee that requires the employee to forgo employment-based benefits.

(2) The definitions in this subsection apply throughout this act unless the context clearly requires otherwise.

(a) "Employee" means a person who is providing services for compensation to an employer, unless the person is free from the employer's direction and control over the performance of work. This definition shall be interpreted consistent with common law.

(b) "Employment-based benefits" means any benefits to which employees are entitled under state law or employer policies or collective bargaining agreements applicable to the employee's correct classification.

(c) "Public employer" means: (i) Any unit of local government including, but not limited to, a county, city, town, municipal corporation, quasi-municipal corporation, or political subdivision; and (ii) the state, state institutions, and state agencies. This definition shall be interpreted consistent with common law.

(d) "Misclassify" and "misclassification" means to incorrectly classify or label a long-term public employee as "temporary," "leased," "contract," "seasonal," "intermittent," or "part-time," or to use a similar label that does not objectively describe the employee's actual work circumstances.

(3) An employee deeming himself or herself harmed in violation of subsection (1) of this section may bring a civil action in a court of competent jurisdiction.

NEW SECTION. Sec. 3. This act shall be construed liberally for the accomplishment of its purposes.

NEW SECTION. Sec. 4. 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."

Correct the title.

Signed by Representatives Conway, Chairman; Wood, Vice Chairman; Clements, Ranking Minority Member; Kenney; Lysen and McMorris.

MINORITY recommendation: Do not pass. Signed by Representatives Chandler.

Voting yea: Representatives Conway, Wood, Clements, Kenney, Lysen and McMorris.

Voting Nay: Representative Chandler.

Referred to Committee on Appropriations.

February 28, 2002

2ESSB 5291 Prime Sponsor, Senate Committee on Health & Long-Term Care: Requiring certain immunizations of staff and residents of long-term care facilities. Reported by Committee on Health Care

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. It is the intent of the legislature to ensure that long-term care facilities are safe.

(1) The long-term care resident immunization act is intended to:

(a) Prevent and reduce the occurrence and severity of the influenza virus and pneumococcal disease by increasing the use of immunizations licensed by the food and drug administration;

(b) Avoid pain, suffering, and deaths that may result from the influenza virus and pneumococcal disease;

(d) Reduce avoidable costs associated with treating the influenza virus and pneumococcal disease.

(2) The legislature finds that:

(a) Recent studies show that it is important to immunize older citizens against the influenza virus and pneumococcal disease;

(b) The centers for disease control and prevention recommend individuals living in long-term care facilities and those over age sixty-five receive immunizations against the influenza virus and pneumococcal disease;

(c) The influenza virus and pneumococcal disease have been identified as leading causes of death for citizens over age sixty-five; and

(d) Immunizations licensed by the food and drug administration are readily available and effective in reducing and preventing the severity of the influenza virus and pneumococcal disease.

NEW SECTION. Sec. 2. A new section is added to chapter 74.42 RCW to read as follows:

(1) Long-term care facilities shall:

(a) Provide access on-site or make available elsewhere for all residents to obtain the influenza virus immunization on an annual basis;

(b) Require that each resident, or the resident's legal representative, upon admission to the facility, be informed verbally and in writing of the benefits of receiving the influenza virus immunization and, if not previously immunized against pneumococcal disease, the benefits of the pneumococcal immunization.

(2) As used in this section, "long-term care facility" is limited to nursing homes licensed under chapter 18.51 RCW.

(3) The department of social and health services shall adopt rules to implement this section.

(4) This section and rules adopted under this section shall not apply to nursing homes conducted for those who rely exclusively upon treatment by nonmedical religious healing methods, including prayer.

NEW SECTION. Sec. 3. This act may be known and cited as the long-term care resident immunization act of 2002."

Correct the title.

Signed by Representatives Cody, Chairman; Schual-Berke, Vice Chairman; Campbell, Ranking Minority Member; Ballasiotes; Conway; Darneille; Edwards; Ruderman and Skinner.

MINORITY recommendation: Do not pass. Signed by Representatives Alexander and Benson.

Voting yea: Representatives Cody, Schual-Berke, Campbell, Ballasiotes, Conway, Darneille, Edwards, Ruderman and Skinner.

Voting Nay: Representatives Alexander and Benson.

Passed to Committee on Rules for second reading.

February 28, 2002

ESSB 5329 Prime Sponsor, Senate Committee on Labor, Commerce & Financial Institutions: Allowing crime victims employment leave. Reported by Committee on Commerce & Labor

MAJORITY recommendation: Do pass. Signed by Representatives Conway, Chairman; Wood, Vice Chairman; Kenney and Lysen.

MINORITY recommendation: Do not pass. Signed by Representatives Clements, Ranking Minority Member; Chandler and McMorris.

Voting yea: Representatives Conway, Wood, Kenney and Lysen.

Voting nay: Representatives Clements, Chandler and McMorris.

Passed to Committee on Rules for second reading.

February 26, 2002

2SSB 5336 Prime Sponsor, Senate Committee on Ways & Means: Creating the public interest attorney loan repayment program. Reported by Committee on Higher Education

MAJORITY recommendation: Do pass. Signed by Representatives Kenney, Chairman; Fromhold, Vice Chairman; Cox, Ranking Minority Member; Chase; Gombosky; Jarrett; Lantz and Skinner.

Voting yea: Representatives Kenney, Fromhold, Cox, Jarrett, Chase, Gombosky, Lantz and Skinner.

Excused: Representative Dunn.

Referred to Committee on Appropriations.

February 28, 2002

SB 5352 Prime Sponsor, Senator Horn: Increasing the building code council fee. Reported by Committee on Local Government & Housing

MAJORITY recommendation: Do pass. Signed by Representatives Dunshee, Chairman; Edwards, Vice Chairman; Berkey; Hatfield; Kirby and Sullivan.

MINORITY recommendation: Without recommendation. Signed by Representatives Mulliken, Ranking Minority Member; Crouse; DeBolt; Dunn and Mielke.

Voting yea: Representatives Dunshee, Edwards, Berkey, Hatfield, Kirby and Sullivan.

Voting nay: Representatives Mulliken, Crouse, DeBolt, Dunn and Mielke.

Referred to Committee on Appropriations.

February 28, 2002

2SSB 5354 Prime Sponsor, Senate Committee on Labor, Commerce & Financial Institutions: Modifying mobile home relocation assistance. Reported by Committee on Local Government & Housing

MAJORITY recommendation: Do pass as amended.

On page 2, line 36, after "(1) A" insert "one hundred dollar"

Beginning on page 2, line 36, after "purchaser" strike everything through "price" on page 3, line 1

On page 3, line 2, after "home" strike "five years" and insert "one year"

On page 3, line 6, after "than" strike "one" and insert "five"

Signed by Representatives Dunshee, Chairman; Edwards, Vice Chairman; Berkey; Dunn; Hatfield; Kirby and Sullivan.

MINORITY recommendation: Do not pass. Signed by Representatives Mulliken, Ranking Minority Member; Crouse; DeBolt and Mielke.

Voting yea: Representatives Dunshee, Edwards, Berkey, Dunn, Hatfield, Kirby and Sullivan.

Voting nay: Representatives Mulliken, Crouse, DeBolt and Mielke.

Referred to Committee on Appropriations.

February 28, 2002

SSB 5369 Prime Sponsor, Senate Committee on Judiciary: Revising provisions for jurisdiction in child support matters. Reported by Committee on Juvenile Justice & Family Law

MAJORITY recommendation: Do pass as amended.

On page 14, after line 12 insert the following:

"Sec. 9. RCW 74.20A.080 and 2000 c 86 s 8 are each amended to read as follows:

(1) The secretary may issue to any person, firm, corporation, association, political subdivision, department of the state, or agency, subdivision, or instrumentality of the United States, an order to withhold and deliver property of any kind, including but not restricted to earnings which are or might become due, owing, or belonging to the debtor, when the secretary has reason to believe that there is in the possession of such person, firm, corporation, association, political subdivision, department of the state, or agency, subdivision, or instrumentality of the United States property which is or might become due, owing, or belonging to said debtor. Such order to withhold and deliver may be issued:

(a) At any time, if a responsible parent's support order:

(i) Contains notice that withholding action may be taken against earnings, wages, or assets without further notice to the parent; or

(ii) Includes a statement that other income-withholding action under this chapter may be taken without further notice to the responsible parent;

(b) Twenty-one days after service of a notice of support debt under RCW 74.20A.040;

(d) Twenty-one days after service of a notice of support owed under RCW 26.23.110;

(e) Twenty-one days after service of a notice and finding of financial responsibility under RCW 74.20A.055; or

(f) When appropriate under RCW 74.20A.270.

(2) The order to withhold and deliver shall:

(a) State the amount to be withheld on a periodic basis if the order to withhold and deliver is being served to secure payment of monthly current support;

(b) State the amount of the support debt accrued;

(d) Be served:

(i) In the manner prescribed for the service of a summons in a civil action;

(ii) By certified mail, return receipt requested;

(iii) By electronic means if there is an agreement between the secretary and the person, firm, corporation, association, political subdivision, department of the state, or agency, subdivision, or instrumentality of the United States to accept service by electronic means; ((or))

(iv) By regular mail to a responsible parent's employer unless the division of child support reasonably believes that service of process in the manner prescribed in (d)(i) or (ii) of this subsection is required for initiating an action to ensure employer compliance with the withholding requirement; or

(v) By regular mail to an address if designated by the financial institution as a central levy or garnishment address, and if the notice is clearly identified as a levy or garnishment order. Before the division of child support may initiate an action for noncompliance with a withholding action against a financial institution, the division of child support must serve the order to withhold and deliver on the financial institution in the manner described in (d)(i) or (ii) of this subsection.

(3) The division of child support may use uniform interstate withholding forms adopted by the United States department of health and human services to take withholding actions under this section when the responsible parent is owed money or property that is located in this state or in another state.

(4) Any person, firm, corporation, association, political subdivision, department of the state, or agency, subdivision, or instrumentality of the United States upon whom service has been made is hereby required to:

(a) Answer said order to withhold and deliver within twenty days, exclusive of the day of service, under oath and in writing, and shall make true answers to the matters inquired of therein; and

(b) Provide further and additional answers when requested by the secretary.

(5) The returned answer or a payment remitted to the division of child support by the employer constitutes proof of service of the order to withhold and deliver in the case where the order was served by regular mail.

(6) Any such person, firm, corporation, association, political subdivision, department of the state, or agency, subdivision, or instrumentality of the United States in possession of any property which may be subject to the claim of the department shall:

(a)(i) Immediately withhold such property upon receipt of the order to withhold and deliver; and

(ii) Within seven working days deliver the property to the secretary;

(iii) Continue to withhold earnings payable to the debtor at each succeeding disbursement interval as provided for in RCW 74.20A.090, and deliver amounts withheld from earnings to the secretary within seven working days of the date earnings are payable to the debtor;

(iv) Deliver amounts withheld from periodic payments to the secretary within seven working days of the date the payments are payable to the debtor;

(v) Inform the secretary of the date the amounts were withheld as requested under this section; or

(b) Furnish to the secretary a good and sufficient bond, satisfactory to the secretary, conditioned upon final determination of liability.

(7) An order to withhold and deliver served under this section shall not expire until:

(a) Released in writing by the division of child support;

(b) Terminated by court order;

(c) A person or entity, other than an employer as defined in Title 50 RCW, who has received the order to withhold and deliver does not possess property of or owe money to the debtor; or

(d) An employer who has received the order to withhold and deliver no longer employs, contracts, or owes money to the debtor under a contract of employment, express or implied.

(8) Where money is due and owing under any contract of employment, express or implied, or is held by any person, firm, corporation, or association, political subdivision, or department of the state, or agency, subdivision, or instrumentality of the United States subject to withdrawal by the debtor, such money shall be delivered by remittance payable to the order of the secretary.

(9) Delivery to the secretary of the money or other property held or claimed shall satisfy the requirement and serve as full acquittance of the order to withhold and deliver.

(10) A person, firm, corporation, or association, political subdivision, department of the state, or agency, subdivision, or instrumentality of the United States that complies with the order to withhold and deliver under this chapter is not civilly liable to the debtor for complying with the order to withhold and deliver under this chapter.

(11) The secretary may hold the money or property delivered under this section in trust for application on the indebtedness involved or for return, without interest, in accordance with final determination of liability or nonliability.

(12) Exemptions contained in RCW 74.20A.090 apply to orders to withhold and deliver issued under this section.

(13) The secretary shall also, on or before the date of service of the order to withhold and deliver, mail or cause to be mailed a copy of the order to withhold and deliver to the debtor at the debtor's last known post office address, or, in the alternative, a copy of the order to withhold and deliver shall be served on the debtor in the same manner as a summons in a civil action on or before the date of service of the order or within two days thereafter. The copy of the order shall be mailed or served together with a concise explanation of the right to petition for judicial review. This requirement is not jurisdictional, but, if the copy is not mailed or served as in this section provided, or if any irregularity appears with respect to the mailing or service, the superior court, in its discretion on motion of the debtor promptly made and supported by affidavit showing that the debtor has suffered substantial injury due to the failure to mail the copy, may set aside the order to withhold and deliver and award to the debtor an amount equal to the damages resulting from the secretary's failure to serve on or mail to the debtor the copy.

(14) An order to withhold and deliver issued in accordance with this section has priority over any other wage assignment, garnishment, attachment, or other legal process.

(15) The division of child support shall notify any person, firm, corporation, association, or political subdivision, department of the state, or agency, subdivision, or instrumentality of the United States required to withhold and deliver the earnings of a debtor under this action that they may deduct a processing fee from the remainder of the debtor's earnings, even if the remainder would otherwise be exempt under RCW 74.20A.090. The processing fee shall not exceed ten dollars for the first disbursement to the department and one dollar for each subsequent disbursement under the order to withhold and deliver."

Renumber the remaining section consecutively and correct the title.

On page 14, beginning on line 1, strike all material through "receipt." on line 12

Renumber the remaining section consecutively and correct the title.

Signed by Representatives Dickerson, Chairman; Darneille, Vice Chairman; Delvin, Ranking Minority Member; Armstrong; Carrell; Eickmeyer and Tokuda.

Voting yea: Representatives Dickerson, Darneille, Delvin, Armstrong, Carrell, Eickmeyer and Tokuda.

Passed to Committee on Rules for second reading.

February 28, 2002

SSB 5400 Prime Sponsor, Senate Committee on Economic Development & Telecommunications: Clarifying that the community economic revitalization board may make loans and grants to federally recognized Indian tribes. Reported by Committee on Trade & Economic Development

MAJORITY recommendation: Do pass. Signed by Representatives Veloria, Chairman; Eickmeyer, Vice Chairman; Van Luven, Ranking Minority Member; Ahern; Chase; Dunn; Fromhold; Gombosky and Mulliken.

Voting yea: Representatives Veloria, Eickmeyer, Van Luven, Ahern, Chase, Dunn, Fromhold, Gombosky and Mulliken.

Referred to Committee on Capital Budget.

ESSB 5425 Prime Sponsor, Senate Committee on Environment, Energy & Water: Implementing notices and procedures regarding aerial application of pesticides to control plant pests. Reported by Committee on Agriculture & Ecology

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 17.24.007 and 2000 c 100 s 6 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Department" means the state department of agriculture.

(2) "Director" means the director of the state department of agriculture or the director's designee.

(3) "Quarantine" means a rule issued by the department that prohibits or regulates the movement of articles, bees, plants, or plant products from designated quarantine areas within or outside the state to prevent the spread of disease, plant pathogens, or pests to nonquarantine areas.

(4) "Plant pest" means a living stage of an insect, mite, nematode, slug, snail, or protozoa, or other invertebrate animal, bacteria, fungus, or parasitic plant, or their reproductive parts, or viruses, or an organism similar to or allied with any of the foregoing plant pests, including a genetically engineered organism, or an infectious substance that can directly or indirectly injure or cause disease or damage in plants or parts of plants or in processed, manufactured, or other products of plants.

(5) "Plants and plant products" means trees, shrubs, vines, forage, and cereal plants, and all other plants and plant parts, including cuttings, grafts, scions, buds, fruit, vegetables, roots, bulbs, seeds, wood, lumber, and all products made from the plants and plant products.

(6) "Certificate" or "certificate of inspection" means an official document certifying compliance with the requirements of this chapter. The term "certificate" includes labels, rubber stamp imprints, tags, permits, written statements, or a form of inspection and certification document that accompanies the movement of inspected and certified plant material and plant products, or bees, bee hives, or beekeeping equipment.

(7) "Compliance agreement" means a written agreement between the department and a person engaged in growing, handling, or moving articles, plants, plant products, or bees, bee hives, or beekeeping equipment regulated under this chapter, in which the person agrees to comply with stipulated requirements.

(8) "Distribution" means the movement of a regulated article from the property where it is grown or kept, to property that is not contiguous to the property, regardless of the ownership of the properties.

(9) "Genetically engineered organism" means an organism altered or produced through genetic modification from a donor, vector, or recipient organism using recombinant DNA techniques, excluding those organisms covered by the food, drug and cosmetic act (21 U.S.C. Secs. 301-392).

(10) "Person" means a natural person, individual, firm, partnership, corporation, company, society, or association, and every officer, agent, or employee of any of these entities.

(11) "Sell" means to sell, to hold for sale, offer for sale, handle, or to use as inducement for the sale of another article or product.

(12) "Noxious weed" means a living stage, including, but not limited to, seeds and reproductive parts, of a parasitic or other plant of a kind that presents a threat to Washington agriculture or environment.

(13) "Regulated article" means a plant or plant product, bees or beekeeping equipment, noxious weed or other articles or equipment capable of harboring or transporting plant or bee pests or noxious weeds that is specifically addressed in rules or quarantines adopted under this chapter.

(14) "Owner" means the person having legal ownership, possession, or control over a regulated article covered by this chapter including, but not limited to, the owner, shipper, consignee, or their agent.

(15) "Nuisance" means a plant, or plant part, apiary, or property found in a commercial area on which is found a pest, pathogen, or disease that is a source of infestation to other properties.

(16) "Bees" means adult insects, eggs, larvae, pupae, or other immature stages of the species Apis mellifera.

(17) "Bee pests" means a mite, other parasite, or disease that causes injury to bees and those honey bees generally recognized to have undesirable behavioral characteristics such as or as found in Africanized honey bees.

(18) "Biological control" means the use by humans of living organisms to control or suppress undesirable animals and plants; the action of parasites, predators, or pathogens on a host or prey population to produce a lower general equilibrium than would prevail in the absence of these agents.

(19) "Biological control agent" means a parasite, predator, or pathogen intentionally released, by humans, into a target host or prey population with the intent of causing population reduction of that host or prey.

(20) "Emergency" means a situation where there is an imminent danger of an infestation of plant pests or disease that seriously threatens the state's agricultural or horticultural industries or environment and that cannot be adequately addressed with normal procedures or existing resources.

(21) "Large urban residential area" means that area lying within the incorporated boundaries of a city with a population of greater than one hundred thousand and the urban growth area contiguous to the city, and in which residential uses are a permitted or a conditional use.

(22) "Asian gypsy moth" means the Asian strain of the gypsy moth Lymantria dispar.

Sec. 2. RCW 15.58.065 and 1989 c 380 s 5 are each amended to read as follows:

(1) In submitting data required by this chapter, the applicant may:

(a) Mark clearly any portions which in the applicant's opinion are trade secrets or commercial or financial information; and

(b) Submit such marked material separately from other material required to be submitted under this chapter.

(2) Except under section 3 of this act and notwithstanding any other provision of this chapter or other law, the director shall not make public information which in the director's judgment should be privileged or confidential because it contains or relates to trade secrets or commercial or financial information except that, when necessary to carry out the provisions of this chapter, information relating to unpublished formulas of products acquired by authorization of this chapter may be revealed to any state or federal agency consulted and may be revealed at a public hearing or in findings of fact issued by the director when necessary under this chapter.

(3) Except under section 3 of this act, if the director proposes to release for inspection information which the applicant or registrant believes to be protected from disclosure under subsection (2) of this section, the director shall notify the applicant or registrant in writing, by certified mail. The director shall not thereafter make available for inspection such data until thirty days after receipt of the notice by the applicant or registrant. During this period, the applicant or registrant may institute an action in the superior court of Thurston county for a declaratory judgment as to whether such information is subject to protection under subsection (2) of this section.

NEW SECTION. Sec. 3. A new section is added to chapter 15.58 RCW, to be codified between RCW 15.58.065 and 15.58.070, to read as follows:

(1) When the director proposes to eradicate the Asian gypsy moth through the aerial application of pesticides within a large urban residential area as defined in RCW 17.24.007, the director shall consult with the department of health and with appropriate federal agencies concerning unpublished formulas of products acquired by authorization of this chapter for the purpose of obtaining an independent assessment of the possible human health risks associated with the proposed use.

(2) The director shall reveal to consulted agencies the confidential statement of formula for the purpose of assessing the possible human health risks associated with the proposed pesticide use by the department.

(3) Consulted agencies shall consider the confidential statement of formula, the proposed pesticide use, the impact on affected populations, and any other considerations that may bear on public health in making an assessment of the possible human health risks.

(4) The director shall make any independent assessment available to the public except that the names, chemical abstract service numbers, or other identifying characteristics or percentages of inert ingredients in a pesticide, and any other information that in the director's judgment should be confidential, shall not be disclosed. Additionally, any information or documents used in preparation of an independent assessment that pertain to the confidential statement of formula and any protected trade secret information shall not be disclosed to the public by any person.

(5) This section shall be in addition to and shall not limit the authority of the director under any other provision of law to release to the public information relating to pesticide formula, ingredients, or other information.

NEW SECTION. Sec. 4. A new section is added to chapter 17.24 RCW to read as follows:

When surveys and other measures detect the presence of the Asian gypsy moth within a large urban residential area, and when the aerial application of pesticides may be considered as a measure to eradicate the pest, the director shall provide public notice of the survey results and the alternatives for eradication measures. The director shall hold a public meeting within the area to provide information and to receive comments from the public on the survey results, and the alternatives for eradication measures. The director shall accept such comments for a period of thirty days from the date the public meeting is held, or a lesser period as the director determines if immediate action is required to implement eradication measures.

Sec. 5. RCW 17.24.171 and 1991 c 257 s 21 are each amended to read as follows:

(1) If the director determines that there exists an imminent danger of an infestation of plant pests or plant diseases that seriously endangers the agricultural or horticultural industries of the state, or that seriously threatens life, health, or economic well-being, the director shall request the governor to order emergency measures to control the pests or plant diseases under RCW 43.06.010(((14))) (13). The director's findings shall contain an evaluation of the affect of the emergency measures on public health. When the requested measures include the aerial application of pesticides in a large urban residential area for the eradication of Asian gypsy moths, the findings shall also include a summary of the information relied upon in determining the extent of the danger, the alternative measures considered, and, when applicable, the director's response to the public comments received under section 4 of this act.

(2) If an emergency is declared pursuant to RCW 43.06.010(((14))) (13), the director may appoint a committee to advise the governor through the director and to review emergency measures necessary under the authority of RCW 43.06.010(((14))) (13) and this section and make subsequent recommendations to the governor. The committee shall include representatives of the agricultural and silvicultural industries, state and local government, public health interests, technical service providers, and environmental organizations.

(3) Upon the order of the governor of the use of emergency measures, the director is authorized to implement the emergency measures to prevent, control, or eradicate plant pests or plant diseases that are the subject of the emergency order. Such measures, after thorough evaluation of all other alternatives, may include the aerial application of pesticides.

(4) Upon the order of the governor of the use of emergency measures, the director is authorized to enter into agreements with individuals or companies, or both, to accomplish the prevention, control, or eradication of plant pests or plant diseases, notwithstanding the provisions of chapter 15.58 or 17.21 RCW, or any other statute.

(5) When emergency measures taken include the aerial application of pesticides in a large urban residential area for the eradication of Asian gypsy moths:

(a) The director shall implement procedures for notifying the community in the application area before each aerial application. The procedures shall include notifying individuals who request individual notice, and include notice to major employers and institutional facilities, including but not limited to schools, child care facilities, senior residential and day care facilities, health care facilities, and community centers; and

(b) The department of health, in consultation with the local health jurisdiction, shall monitor public health effects following the implementation of the measures in such areas.

(6) The director shall continually evaluate the emergency measures taken and report to the governor at intervals of not less than ten days. The director shall immediately advise the governor if he or she finds that the emergency no longer exists or if certain emergency measures should be discontinued.

Sec. 6. RCW 43.06.010 and 1994 c 223 s 3 are each amended to read as follows:

In addition to those prescribed by the Constitution, the governor may exercise the powers and perform the duties prescribed in this and the following sections:

(1) The governor shall supervise the conduct of all executive and ministerial offices;

(2) The governor shall see that all offices are filled, including as provided in RCW 42.12.070, and the duties thereof performed, or in default thereof, apply such remedy as the law allows; and if the remedy is imperfect, acquaint the legislature therewith at its next session;

(3) The governor shall make the appointments and supply the vacancies mentioned in this title;

(4) The governor is the sole official organ of communication between the government of this state and the government of any other state or territory, or of the United States;

(5) Whenever any suit or legal proceeding is pending against this state, or which may affect the title of this state to any property, or which may result in any claim against the state, the governor may direct the attorney general to appear on behalf of the state, and report the same to the governor, or to any grand jury designated by the governor, or to the legislature when next in session;

(6) The governor may require the attorney general or any prosecuting attorney to inquire into the affairs or management of any corporation existing under the laws of this state, or doing business in this state, and report the same to the governor, or to any grand jury designated by the governor, or to the legislature when next in session;

(7) The governor may require the attorney general to aid any prosecuting attorney in the discharge of the prosecutor's duties;

(8) The governor may offer rewards, not exceeding one thousand dollars in each case, payable out of the state treasury, for information leading to the apprehension of any person convicted of a felony who has escaped from a state correctional institution or for information leading to the arrest of any person who has committed or is charged with the commission of a felony;

(9) The governor shall perform such duties respecting fugitives from justice as are prescribed by law;

(10) The governor shall issue and transmit election proclamations as prescribed by law;

(11) The governor may require any officer or board to make, upon demand, special reports to the governor, in writing;

(12) The governor may, after finding that a public disorder, disaster, energy emergency, or riot exists within this state or any part thereof which affects life, health, property, or the public peace, proclaim a state of emergency in the area affected, and the powers granted the governor during a state of emergency shall be effective only within the area described in the proclamation;

(13) The governor may, after finding that there exists within this state an imminent danger of infestation of plant pests as defined in RCW 17.24.007 or plant diseases which seriously endangers the agricultural, silvicultural, or horticultural industries of the state of Washington, or which seriously threatens life, health, or economic well-being, order emergency measures to prevent or abate the infestation or disease situation, which measures, after thorough evaluation of all other alternatives, may include the aerial application of pesticides if such an aerial application is clearly the preferred alternative;

(14) On all compacts forwarded to the governor pursuant to RCW 9.46.360(6), the governor is authorized and empowered to execute on behalf of the state compacts with federally recognized Indian tribes in the state of Washington pursuant to the federal Indian Gaming Regulatory Act, 25 U.S.C. Sec. 2701 et seq., for conducting class III gaming, as defined in the Act, on Indian lands."

Signed by Representatives Linville, Chair; Hunt, Vice Chair; Cooper; Dunshee; Grant; Kirby and Quall.

MINORITY recommendation: Do not pass. Signed by: Representatives Schoesler; Chandler; Delvin; Holmquist; Roach and Sump.

Voting yea: Representatives Linville, Hunt, Cooper, Dunshee, Grant, Kirby and Quall.

Voting nay: Representatives Schoesler, Chandler, Delvin, Holmquist, Roach and Sump.

Passed to Rules Committee for second reading.

February 28, 2002

SB 5478 Prime Sponsor, Senator Franklin: Reducing childhood lead exposure. Reported by Committee on Health Care

MAJORITY recommendation: Do pass as amended.

On page 2, line 5, after "funds." insert "The department is not required to implement the public health lead hazard education project if federal funds are not obtained for this purpose in the biennium ending July 1, 2003."

Signed by Representatives Cody, Chairman; Schual-Berke, Vice Chairman; Campbell, Ranking Minority Member; Alexander; Ballasiotes; Benson; Conway; Darneille; Edwards; Ruderman and Skinner.

Voting yea: Representatives Cody, Schual-Berke, Campbell, Alexander, Ballasiotes, Benson, Conway, Darneille, Edwards, Ruderman and Skinner.

Passed to Committee on Rules for second reading.

February 26, 2002

2SSB 5506 Prime Sponsor, Senate Committee on Labor, Commerce & Financial Institutions: Regulating charitable gift annuity businesses. Reported by Committee on Financial Institutions & Insurance

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 48.38.020 and 1998 c 284 s 2 are each amended to read as follows:

(1) Upon granting to such insurer or institution under RCW 48.38.010 a certificate of exemption to conduct a charitable gift annuity business, the insurance commissioner shall require it to establish and maintain a separate reserve fund adequate to meet the future payments under its charitable gift annuity contracts.

(2) The assets of the separate reserve fund:

(a) Shall be held legally and physically segregated from the other assets of the certificate of exemption holder;

(b) Shall be invested in the same manner that persons of reasonable prudence, discretion, and intelligence exercise in the management of a like enterprise, not in regard to speculating but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital. Investments shall be of sufficient value, liquidity, and diversity to assure the insurer or institution's ability to meet its outstanding obligations; and

(c) Shall not be liable for any debts of the insurer or institution holding a certificate of exemption under this chapter, other than those incurred pursuant to the issuance of charitable gift annuities.

(3) The amount of the separate reserve fund shall be:

(a) For contracts issued prior to July 1, 1998, not less than an amount computed in accordance with the standard of valuation based on the 1971 individual annuity mortality table with six percent interest for single premium immediate annuity contracts and four percent interest for all other individual annuity contracts;

(b) For contracts issued on or after July 1, 1998, in an amount not less than the aggregate reserves calculated according to the standards set forth in RCW 48.74.030 for other annuities with no cash settlement options;

(4) The general assets of the insurer or institution holding a certificate of exemption under this chapter shall be liable for the payment of annuities to the extent that the separate reserve fund is inadequate.

(5) For any failure on its part to establish and maintain the separate reserve fund, the insurance commissioner shall revoke its certificate of exemption.

(6) If an institution holding a certificate of exemption under RCW 48.38.010 has purchased a single premium life annuity that pays the entire amount stipulated in the gift annuity agreement or agreements from an insurer (a) holding a certificate of authority under chapter 48.05 RCW, (b) licensed in the state in which the institution has its principle office, and (c) licensed in the state in which the single premium life annuity is issued, then in determining the minimum reserve fund that must be maintained under this section, a deduction shall be allowed from the minimum reserve fund in an amount not exceeding the reserve fund amount required for the annuity or annuities for which the single premium life annuity is purchased, subject to the following conditions:

(i) The institution has filed with the commissioner a copy of the single premium life annuity purchased and specifying which charitable gift annuity or annuities are being insured; and

(ii) The institution has entered into a written agreement with the annuitant and the insurer issuing the single premium life annuity providing that if for any reason the institution is unable to continue making the annuity payments required by its annuity agreements, the annuitants shall receive payments directly from the insurer and the insurer shall be credited with all of these direct payments in the accounts between the insurer and the institution."

On page 1, line 2 of the title, after "business;" strike the remainder of the title and insert "and amending RCW 48.38.020."

Signed by Representatives Cooper, Chairman; McIntire, Vice Chairman; Benson, Ranking Minority Member; Barlean; Cairnes; Hatfield; Mielke; Miloscia; Roach; Santos and Simpson.

Voting yea: Representatives Cooper, McIntire, Benson, Barlean, Cairnes, Hatfield, Mielke, Miloscia, Roach, Santos and Simpson.

Passed to Committee on Rules for second reading.

February 28, 2002

2ESSB 5522 Prime Sponsor, Senate Committee on Human Services & Corrections: Creating an office of mental health ombudsman. Reported by Committee on Health Care

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that in order to comply with the community mental health services act, chapter 71.24 RCW, and the medicaid managed care mental health waiver, and to effectively assist persons with mental illness and consumers of mental health services in the assertion of their civil and human rights, and to improve the quality of services available and promote the rehabilitation, recovery, and reintegration of these persons, an independent mental health ombudsman program should be instituted.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Department" means the department of community, trade, and economic development.

(2) "Immediate family member", as pertaining to conflicts of interest, means the spouse, parents, children, and siblings of the mental health ombudsman.

(3) "Mental health consumer" or "consumer" means any individual who is a current or past client, patient, or resident of a mental health provider or facility, or an applicant for such mental health services.

(4) "Mental health ombudsman" or "ombudsman" means the state mental health ombudsman, regional mental health ombudsmen, staff of the state and regional mental health ombudsmen, certified volunteer mental health ombudsmen, and quality review team members. A mental health ombudsman shall not be considered to be a mental health provider.

(5) "Mental health provider or facility" means any of the following:

(a) An agency, individual, or facility that is part of the community mental health service delivery system, as defined in RCW 71.24.025;

(b) An evaluation and treatment facility, as defined in RCW 71.05.020 or 71.34.020;

(d) A state hospital, as defined in RCW 72.23.010; and

(e) A facility or agency that receives funds from the state of Washington to provide residential or treatment services to adults or children with mental illness.

(6) "Office" means the office of the state mental health ombudsman.

(7) "Quality review team" means two or more individuals who assess the quality of services delivered by mental health providers or facilities, provide recommendations for changes in services, and perform other tasks consistent with the intent of this chapter.

NEW SECTION. Sec. 3. (1) The office of the state mental health ombudsman is hereby created. The office shall be headed by an individual known as the state mental health ombudsman, who shall be selected from among individuals with expertise and experience in the fields of mental health services, policy, and advocacy. The office shall carry out, directly and through the use of mental health ombudsmen and quality review teams, an independent statewide program known as the state mental health ombudsman program.

(2) The department of community, trade, and economic development shall contract with a private nonprofit organization to operate the office of the state mental health ombudsman and to provide, directly or through subcontracts, mental health ombudsman services as specified under, and consistent with, the medicaid managed care mental health waiver, state law, the goals of the state, and the needs of its residents. The organization that operates the office of the state mental health ombudsman shall select the individual to serve as the state mental health ombudsman, with opportunity for prior stakeholder input, and shall revoke the designation only upon a showing of neglect of duty, misconduct, or inability to perform duties. The department shall ensure that all program and staff support necessary to enable the mental health ombudsman program to protect the interests of persons with mental illness is provided, directly or through subcontracts, by the organization that operates the office of the state mental health ombudsman. The contracting organization and the office shall not be considered to be state agencies or departments, but instead shall be private entities operating under contract with the state.

(3) The department shall designate by a competitive bidding process the organization that will contract to operate the office of the state mental health ombudsman. The selection process shall include direct stakeholder participation in the development of the request for proposal, evaluation of bids, and final selection. The department shall ensure that the designated organization is free from conflicts of interest and has the demonstrated capacity to ensure that the responsibilities of the office of the state mental health ombudsman are carried out. The department shall undertake an annual review of the designated organization to ensure compliance with the provisions of the contract. The department shall not revoke the designation of the organization operating the office of the state mental health ombudsman except upon a showing of neglect of duty, misconduct, or inability to perform duties. Prior to revoking the designation, the department shall provide notice and an opportunity for the organization, the state ombudsman, and the public to comment upon the proposed revocation, and shall provide the organization an opportunity to appeal the decision to the director of the department.

(4) The department shall adopt rules to carry out this chapter.

NEW SECTION. Sec. 4. The office of state mental health ombudsman shall have the following powers and duties:

(1) Establish appropriate procedures: For access by mental health ombudsmen to all mental health consumers, consistent with section 13 of this act; for ombudsman access to the records of mental health consumers, with provisions to ensure confidentiality, consistent with sections 13 and 14 of this act; and for the protection of the ombudsman program's records and files, consistent with section 14 of this act;

(2) Maintain a statewide toll-free telephone number for the receipt of complaints and inquiries;

(3) Offer and provide services to assist mental health consumers and their representatives in order to assist in protecting the health, safety, welfare, and rights of mental health consumers;

(4) Offer and provide information as appropriate to mental health consumers, family members, guardians and other representatives, employees of mental health providers and facilities, and others regarding the rights of mental health consumers;

(5) Identify, investigate, and resolve complaints made by or on behalf of mental health consumers that relate to action, inaction, or decisions which:

(a) May adversely affect the rehabilitation, recovery, reintegration, health, safety, welfare, or rights of mental health consumers; and

(b) Involve a mental health provider or facility; a regulatory, governmental, health, or social service agency; a guardian or other representative; a family member; or another mental health consumer, friend, or associate;

(6) Support and encourage mental health consumer participation in treatment planning, delivery, and complaint resolution, both on an individual basis and systemwide, and recruit and support the participation of family members of the mental health consumer, close friends, and guardians and other representatives in the consumer's treatment and complaint resolution, unless the mental health consumer expressly objects to such participation;

(7) Represent the interests of mental health consumers before governmental agencies, and seek administrative, legal, and other remedies to protect the health, safety, welfare, and rights of mental health consumers;

(8) Monitor the development and implementation of federal, state, and local laws, regulations, and policies with respect to mental health services in this state, and provide information that the office of the state mental health ombudsman determines to be appropriate to the public, legislators, public and private agencies, and other persons;

(9) Provide for the training, certification, and decertification for good cause, of paid and volunteer mental health ombudsmen. Paid mental health ombudsmen shall recruit, supervise, and provide ongoing training of certified volunteer mental health ombudsmen, in accordance with the policies and procedures established by the office of the state mental health ombudsman;

(10) Where necessary to fulfill the purposes of this chapter, subcontract with nonprofit organizations or individuals to perform the functions of mental health ombudsman, provided however, that the state office shall provide services for coordinating the activities of mental health ombudsmen throughout the state;

(11) Establish a statewide uniform reporting system to collect and analyze data relating to complaints, conditions, and service quality provided by mental health providers and facilities, jails, and correctional facilities, for the purpose of identifying and resolving significant individual problems and analyzing, developing, and advocating remedies in policy, practice, rule, or legislation for systemic problems, with provision for submission of such data to relevant agencies and entities on at least an annual basis, as specified in sections 9 and 10 of this act. This reporting system must be compatible with uniform child and adult consumer service outcomes, where such outcome measures are established; and

(12) Carry out such other activities as the department deems appropriate.

NEW SECTION. Sec. 5. All mental health ombudsmen must receive certification by the state mental health ombudsman and have training or experience in the following areas prior to serving as mental health ombudsmen:

(1) Mental health programs, other related social services programs, and community resources;

(2) Mental health diagnoses, care, and treatment approaches;

(3) Advocacy and supporting consumer self-advocacy;

(4) The legal system; and

(5) Dispute resolution techniques, including investigation, mediation, and negotiation.

NEW SECTION. Sec. 6. (1) All mental health ombudsmen must be free from conflicts of interest, including:

(a) No mental health ombudsman shall have been employed by, or participated in the management of, a regional support network or any mental health provider or facility within the past year, except where prior to the effective date of this act he or she has been employed by or volunteered for a regional support network, subcontractor thereof, or a state hospital to provide mental health ombudsman or quality review team services pursuant to the requirements of the federal medicaid managed care mental health waiver. The office of the state mental health ombudsman shall actively recruit persons who provided ombudsman services through a regional support network, subcontractor thereof, or state hospital;

(b) No mental health ombudsman or any member of his or her immediate family may have, or have had within the past year, any significant ownership or investment interest in the provision of mental health services or in a mental health provider or facility;

(c) No mental health ombudsman shall have been employed in a governmental position with direct involvement in the licensing, certification, or regulation of a mental health provider or facility within the past year; and

(d) No mental health ombudsman shall be assigned to a mental health facility in which a member of that ombudsman's immediate family resides.

(2) No individual, or immediate family member of such an individual, who is involved in the designation or removal of the state mental health ombudsman, or the designation or revocation of the contractor or subcontractors, or who administers the contractor's or subcontractor's contract, may be an official or employee with responsibility for the licensing, certification, or regulation of mental health providers or facilities or may be employed by, own, operate, or manage mental health providers or facilities.

NEW SECTION. Sec. 7. (1) Mental health ombudsmen shall act in accordance with the policies and procedures established by the office of the state mental health ombudsman, and shall have the following authority and duties:

(a) Offer and provide services to assist mental health consumers and their representatives in order to assist in protecting the health, safety, welfare, and rights of mental health consumers;

(b) Offer and provide information as appropriate to mental health consumers, family members of mental health consumers, guardians and other representatives, employees of mental health providers and facilities, and others regarding the rights of mental health consumers;

(c) Identify, investigate, and resolve complaints made by or on behalf of mental health consumers that relate to action, inaction, or decisions which:

(i) May adversely affect the rehabilitation, recovery, reintegration, health, safety, welfare, or rights of mental health consumers; and

(ii) Involve a mental health provider or facility; a regulatory, governmental, health, or social service agency; a guardian or other representative; a family member; or another mental health consumer, friend, or associate;

(d) Support and encourage mental health consumer participation in treatment planning, delivery, and complaint resolution, both on an individual basis and systemwide, and recruit and support the participation of family members, close friends, guardians, and other representatives in the consumer's treatment and complaint resolution, unless the mental health consumer expressly objects to such participation;

(e) Represent the interests of mental health consumers before governmental agencies, and seek administrative, legal, and other remedies to protect the health, safety, welfare, and rights of mental health consumers; and

(f) Perform other duties assigned by the office of the state mental health ombudsman or its subcontractors, consistent with the purposes of this chapter.

(2) Mental health ombudsmen shall attempt to resolve complaints informally and at the lowest level possible, using direct discussion with care providers and personnel, complaint and grievance processes, and the fair hearing process if applicable, unless such avenues appear to be futile, not feasible, or not in the best interest of the mental health consumer.

NEW SECTION. Sec. 8. (1) Quality review team members must be certified mental health ombudsmen. In addition to their authority and duties under section 7 of this act, quality review team members, in accordance with the policies and procedures established by the office of the state mental health ombudsman, shall have the following authority and duties:

(a) Assess the quality of services provided by mental health providers and facilities;

(b) Survey the satisfaction of mental health consumers and family members with the services provided to them;

(c) Provide written recommendations on at least an annual basis to the office of the state mental health ombudsman and its subcontractors regarding changes that would improve the quality of services to mental health consumers;

(d) Provide written recommendations on at least an annual basis to mental health providers and facilities, regional support networks, the mental health division of the department of social and health services, and others for improvements in the quality of services to mental health consumers;

(e) Advocate for the adoption of recommended improvements and then monitor the implementation of any changes; and

(f) Perform other duties assigned by the office of the state mental health ombudsman or its subcontractors, consistent with the purposes of this chapter.

(2) Quality review teams, in accordance with policies and procedures established by the office of the state mental health ombudsman, shall define, establish, and measure systemic mental health consumer outcomes and shall report on the systemic causes of access barriers and service problems encountered by mental health consumers.

NEW SECTION. Sec. 9. (1) The office of the state mental health ombudsman shall provide information relevant to the quality of mental health services, and recommendations for improvements in the quality of mental health services, to regional support networks and the mental health division of the department of social and health services.

(2) The mental health division and the regional support networks shall work in cooperation with the office of the state mental health ombudsman to develop agreements regarding how this quality information will be incorporated into their quality management systems. These agreements must ensure that information related to complaints and grievances conforms to a standardized form.

(3) The office of the state mental health ombudsman shall ensure that its reports and recommendations are broadly distributed and shall report annually regarding its activities, findings, and recommendations to at least the following entities: The mental health division, the mental health advisory board, the state long-term care ombudsman, the state family and children's ombudsman, the state designated protection and advocacy system, the department of community, trade, and economic development, regional support networks, and mental health advocacy groups.

(4) Regional support networks and the mental health division shall promptly provide the office of the state mental health ombudsman with demographic information they possess regarding the diversity of individuals applying for, receiving, and denied services in each region, service utilization information, contract and subcontract requirements, the results of all audits and reviews conducted by the regional support networks or the mental health division, and such other information collected or produced by the regional support networks or the mental health division as may be necessary for mental health ombudsmen, including quality review team members, in the performance of their duties.

(5) Regional support networks and the mental health division shall assist mental health ombudsmen in obtaining entry and meaningful access to mental health providers and facilities, cooperation from their staff, and access to mental health consumers.

(6) Each regional support network and state hospital shall designate at least one liaison to the office of the state mental health ombudsman who shall be responsible for ensuring that mental health ombudsmen are actively included in quality management planning and assessment, for providing assistance in resolving issues regarding access to information and mental health consumers, and for resolving individual and systemic issues where requested by the mental health ombudsman or quality review team.

(7) Regional support networks, state hospitals, and their subcontractors shall respond in writing to all written recommendations regarding quality improvement made by the office of the state mental health ombudsman or by quality review teams within thirty days of issuance, and shall identify what action will be taken in response, and if no action or action other than that which was recommended is taken, the reasons for the variance must be explained in writing.

NEW SECTION. Sec. 10. The office of the state mental health ombudsman shall provide the legislature with an annual report that includes:

(1) An identification of the demographic status of those served by the mental health ombudsman program;

(2) A description of the issues addressed during the past year and a brief description of case scenarios in a form that does not compromise confidentiality;

(3) An accounting of the monitoring activities by the mental health ombudsman program;

(4) An identification of the results of measurements of consumer satisfaction and other outcome measures;

(5) An identification of the numbers of certified volunteer mental health ombudsmen;

(6) An identification of deficiencies in the mental health service system and recommendations for remedial action in policy or practice;

(7) Recommendations for regulatory action by agencies that would improve the quality of service to individuals with mental illness; and

(8) Recommendations for legislative action that would result in improved services to individuals with mental illness.

NEW SECTION. Sec. 11. Every mental health provider and facility shall post in a conspicuous location a notice providing the office of the state mental health ombudsman's toll-free number, and the name, address, and phone number of the office of the appropriate local mental health ombudsman if any and quality review team, and a brief description of the services provided. The form of the notice must be approved by the office of the state mental health ombudsman. This information must also be distributed to mental health consumers, their legal guardians or representatives, and family members of mental health consumers if appropriate, upon application for mental health provider services and upon admission to a mental health facility.

NEW SECTION. Sec. 12. (1) The office of the state mental health ombudsman shall develop referral procedures for mental health ombudsmen to refer appropriate complaints to state or local government agencies, consistent with the confidentiality provisions of this chapter. The state and local agencies shall act promptly on any complaint referred to them by a mental health ombudsman.

(2) The department of social and health services shall respond to any complaint against a mental health provider or facility referred to it by a mental health ombudsman and shall forward to that ombudsman a summary of the results of the investigation and action proposed or taken.

(3) The office of the state mental health ombudsman, and its subcontractors if any, shall work in cooperation with the state designated protection and advocacy agency, the long-term care ombudsman program, and the office of children and family ombudsman. The office of the state mental health ombudsman shall develop and implement working agreements with these advocacy organizations to ensure efficient, coordinated services.

(4) The office of the state mental health ombudsman shall develop and implement working agreements with each regional support network, the state psychiatric hospitals, the mental health division, and such other entities as necessary to accomplish the purposes of this chapter.

NEW SECTION. Sec. 13. (1) The office of the state mental health ombudsman shall develop appropriate procedures governing the right of entry of all mental health ombudsmen, including quality team review members, to mental health providers and facilities, jails, and correctional facilities, for the purpose of carrying out the provisions of this chapter.

(2) Mental health ombudsmen, including quality review team members, shall have private access to all mental health consumers at any time deemed necessary and reasonable by the office of the state mental health ombudsman to effectively carry out the provisions of this chapter. Mental health ombudsmen shall be provided access to all mental health consumers receiving or seeking services from mental health providers or facilities, and to detainees and inmates of jails and correctional facilities who have a mental illness, with provisions made for privacy, for the purposes of providing information, hearing, investigating, and resolving complaints, and monitoring the quality of mental health services. Access shall be deemed necessary and reasonable during a facility's regular visiting hours, other periods the facility or provider is open to the public, and any other time access may be required by the particular complaint or condition to be monitored or investigated. Mental health ombudsmen seeking access to jails, juvenile detention facilities, and correctional facilities must successfully pass a criminal history background check as provided by chapter 43.43 RCW.

(3) Nothing in this chapter restricts any right or privilege of a mental health consumer to receive visitors of his or her choice. Nothing in this chapter restricts, limits, or increases any existing right of an organization or individual not described in subsections (1) and (2) of this section to enter or provide assistance to mental health consumers.

(4) Ombudsmen shall be permitted to review and copy the medical, social, and mental health records of a mental health consumer if:

(a) The ombudsman has the written permission of the mental health consumer or the representative of the consumer;

(b) The mental health consumer is unable to give informed consent to the review and has no representative; or

(c) The representative of an incapacitated mental health consumer refuses to give permission, the ombudsman reasonably believes the representative is not acting in the consumer's best interest, and the ombudsman receives prior written approval from the state mental health ombudsman or his or her designee.

(5) Mental health ombudsmen shall be given prompt and timely access to the mental health consumer's records, which in no case shall be longer than the time period governing the consumer's access to his or her records from the mental health provider or facility. The mental health provider or facility cannot refuse access to records to the ombudsman on the basis that it is medically contraindicated or for similar grounds. The identities of other patients, clients, residents, or mental health consumers, if contained in the records of the mental health consumer to which the ombudsman has access, shall be redacted prior to review by the ombudsman, if permission is not obtained by the ombudsman from these individuals.

(6) The provisions of this section apply to accessing the records of detainees and inmates of jails and correctional facilities who have a mental illness.

(7) The office of the state mental health ombudsman shall have timely access to, and copies when requested of, the licensing and certification records maintained by the state with respect to mental health providers and facilities.

(8) For any copies obtained under this section, the ombudsman may be charged a reasonable rate, which for public agencies or facilities may not exceed the copying rate adopted under the public disclosure laws, and for private facilities and providers may not exceed the rate charged by commercial copy centers in the community.

NEW SECTION. Sec. 14. (1) All records and files, and the information therein, maintained by the mental health ombudsman program shall remain confidential. Any disclosure of ombudsman program records or files is subject to both of the following provisions:

(a) No disclosure may be made without the prior approval of the state mental health ombudsman or his or her designee, provided however, that requests to the ombudsman program by mental health consumers or their representatives for assistance in obtaining service or better service, or to file a complaint, may be communicated directly by the mental health ombudsman to the mental health provider or facility or oversight entity, without requiring prior approval of the state ombudsman; and

(b) No disclosure of the identity or identifying information regarding a mental health consumer, complainant, or witness shall be made unless that individual or his or her representative consents in writing to the disclosure, or disclosure is authorized by court order.

(2) Statistics, aggregate data, nonidentifying information and case studies, and analysis may be disclosed at the discretion of the state mental health ombudsman or his or her designee.

(3) All communications by a mental health ombudsman, if done in good faith and reasonably related to the requirements of the ombudsman's responsibilities under this chapter, are privileged, and that privilege shall serve as a defense to any action in libel or slander.

(4) All mental health ombudsmen are exempt from being required to testify in any judicial or administrative proceeding as to any confidential matters or records, except as a court may deem necessary to enforce this chapter.

(5) In monitoring the office of the state mental health ombudsman and its subcontractors, access to the ombudsman program's files and records, minus identifying information regarding any mental health consumer, complainant, or witness, shall be available to the director or one senior manager of the department or the contracting or subcontracting organization in which the state or local ombudsman office is administratively located. The individuals who perform the monitoring function must have no conflict of interest, as provided in section 6 of this act.

NEW SECTION. Sec. 15. (1) It is unlawful to willfully interfere with a mental health ombudsman in the performance of his or her duties under this chapter.

(2) No discriminatory, disciplinary, or retaliatory action may be taken against an employee of a mental health provider or facility, an employee of a jail or correctional facility, an employee of a public, health, or social service agency, or a mental health consumer or family member, for any communication made, or information given or disclosed, to aid a mental health ombudsman in carrying out his or her duties under this chapter. This prohibition does not apply to communications or false information provided maliciously or without good faith. This subsection is not intended to infringe on the rights of the employer to supervise, discipline, or terminate an employee for permissible reasons.

NEW SECTION. Sec. 16. (1) It is the intent of the legislature that the state mental health ombudsman program make reasonable efforts to maintain and improve the current level and quality of mental health ombudsman services, taking into account the transition period from the current system of ombudsman programs and quality review teams within the regional support networks and state hospitals.

(2) It is the intent of the legislature that federal medicaid requirements be complied with and the department of community, trade, and economic development expend no more than the amount currently expended on mental health ombudsman services and quality review team services by regional support networks and state hospitals and their subcontractors, including related administrative costs, pursuant to contracts with the department of social and health services, to establish the mental health ombudsman program established by this chapter, and the amount annually expended by the mental health division in staff support, monitoring, oversight, and subcontracted training and consultation for community mental health ombudsman and quality review team services and state hospital mental health patient advocate or ombudsman services, except to the extent that additional funds are appropriated by the legislature, for the first two years after the enactment of this act.

NEW SECTION. Sec. 17. 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. 18. This act takes effect July 1, 2003.

NEW SECTION. Sec. 19. Sections 1 through 18 of this act constitute a new chapter in Title 43 RCW."

Correct the title.

Signed by Representatives Cody, Chairman; Schual-Berke, Vice Chairman; Campbell, Ranking Minority Member; Conway; Darneille; Edwards and Ruderman.

MINORITY recommendation: Do not pass. Signed by Representatives Alexander; Ballasiotes; Benson and Skinner.

Voting yea: Representatives Cody, Schual-Berke, Campbell, Conway, Darneille, Edwards and Ruderman.

Voting Nay: Representatives Alexander, Ballasiotes, Benson and Skinner.

Referred to Committee on Appropriations.

February 27, 2002

SSB 5543 Prime Sponsor, Senate Committee on Education: Improving student safety. Reported by Committee on Education

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. Following the tragic events of September 11, 2001, the government's primary role in protecting the health, safety, and well-being of its citizens has been underscored. The legislature recognizes that there is a need to focus on the development and implementation of comprehensive safe school plans for each public school. The legislature recognizes that comprehensive safe school plans for each public school are an integral part of rebuilding public confidence. In developing these plans, the legislature finds that a coordinated effort is essential to ensure the most effective response to any type of emergency. Further, the legislature recognizes that comprehensive safe school plans for each public school are of paramount importance and will help to assure students, parents, guardians, school employees, and school administrators that our schools provide the safest possible learning environment.

NEW SECTION. Sec. 2. A new section is added to chapter 28A.320 RCW to read as follows:

(1) By June 1, 2002, within existing resources, the superintendent of public instruction, in consultation with representatives from the emergency management division of the state military department, educators, classified staff, principals, superintendents, administrators, the American society for industrial security, the state criminal justice training commission, the Washington association of sheriffs and police chiefs, and others as determined by the superintendent, shall provide guidance to school districts in developing comprehensive safe school plans for each school. This guidance shall include, but shall not be limited to, a comprehensive school safety checklist to use as a tool when developing their own individual comprehensive safe school plans, and successful models of comprehensive safe school plans that include prevention, intervention, all-hazards/crisis response, and postcrisis recovery.

(2) Schools and school districts shall consider the guidance, including the comprehensive school safety checklist and the model comprehensive safe school plans, when developing their own individual comprehensive safe school plans.

(3) The superintendent of public instruction, in consultation with school district superintendents, shall establish timelines for school districts to develop individual comprehensive safe school plans. The superintendent of public instruction shall require school districts to periodically report progress on their comprehensive safe school plans.

NEW SECTION. Sec. 3. A new section is added to chapter 28A.300 RCW to read as follows:

(1) The superintendent of public instruction, in consultation with the fire protection bureau of the Washington state patrol and the emergency management division of the state military department, shall adopt rules that are applicable to public schools so that in case of emergency, students and staff shall be able to take appropriate action as the emergency demands. The rules shall be published and distributed to certificated and classified personnel throughout the state.

(2) The rules in subsection (1) of this section may establish the type and frequency of drills that school districts shall conduct.

Sec. 4. RCW 28A.305.130 and 1997 c 13 s 5 are each amended to read as follows:

In addition to any other powers and duties as provided by law, the state board of education shall:

(1) Approve or disapprove the program of courses leading to teacher, school administrator, and school specialized personnel certification offered by all institutions of higher education within the state which may be accredited and whose graduates may become entitled to receive such certification.

(2) Conduct every five years a review of the program approval standards, including the minimum standards for teachers, administrators, and educational staff associates, to reflect research findings and assure continued improvement of preparation programs for teachers, administrators, and educational staff associates.

(3) Investigate the character of the work required to be performed as a condition of entrance to and graduation from any institution of higher education in this state relative to such certification as provided for in subsection (1) ((above)) of this section, and prepare a list of accredited institutions of higher education of this and other states whose graduates may be awarded such certificates.

(4)(a) The state board of education shall adopt rules to allow a teacher certification candidate to fulfill, in part, teacher preparation program requirements through work experience as a classified teacher's aide in a public school or private school meeting the requirements of RCW 28A.195.010. The rules shall include, but are not limited to, limitations based upon the recency of the teacher preparation candidate's teacher aide work experience, and limitations based on the amount of work experience that may apply toward teacher preparation program requirements under this chapter.

(b) The state board of education shall require that at the time of the individual's enrollment in a teacher preparation program, the supervising teacher and the building principal shall jointly provide to the teacher preparation program of the higher education institution at which the teacher candidate is enrolled, a written assessment of the performance of the teacher candidate. The assessment shall contain such information as determined by the state board of education and shall include: Evidence that at least fifty percent of the candidate's work as a classified teacher's aide was involved in instructional activities with children under the supervision of a certificated teacher and that the candidate worked a minimum of six hundred thirty hours for one school year; the type of work performed by the candidate; and a recommendation of whether the candidate's work experience as a classified teacher's aide should be substituted for teacher preparation program requirements. In compliance with such rules as may be established by the state board of education under this section, the teacher preparation programs of the higher education institution where the candidate is enrolled shall make the final determination as to what teacher preparation program requirements may be fulfilled by teacher aide work experience.

(5) Supervise the issuance of such certificates as provided for in subsection (1) ((above)) of this section and specify the types and kinds of certificates necessary for the several departments of the common schools by rule or regulation in accordance with RCW 28A.410.010.

(6) Accredit, subject to such accreditation standards and procedures as may be established by the state board of education, all schools that apply for accreditation, and approve, subject to the provisions of RCW 28A.195.010, private schools carrying out a program for any or all of the grades kindergarten through twelve: PROVIDED, That no private school may be approved that operates a kindergarten program only: PROVIDED FURTHER, That no public or private schools shall be placed upon the list of accredited schools so long as secret societies are knowingly allowed to exist among its students by school officials: PROVIDED FURTHER, That the state board may elect to require all or certain classifications of the public schools to conduct and participate in such preaccreditation examination and evaluation processes as may now or hereafter be established by the board.

(7) Make rules and regulations governing the establishment in any existing nonhigh school district of any secondary program or any new grades in grades nine through twelve. Before any such program or any new grades are established the district must obtain prior approval of the state board.

(8) Prepare such outline of study for the common schools as the board shall deem necessary, and prescribe such rules for the general government of the common schools, as shall seek to secure regularity of attendance, prevent truancy, secure efficiency, and promote the true interest of the common schools.

(9) Continuously reevaluate courses and adopt and enforce regulations within the common schools so as to meet the educational needs of students and articulate with the institutions of higher education and unify the work of the public school system.

(10) Carry out board powers and duties relating to the organization and reorganization of school districts under RCW 28A.315.010 through 28A.315.680 and 28A.315.900.

(11) ((By rule or regulation promulgated upon the advice of the chief of the Washington state patrol, through the director of fire protection, provide for instruction of pupils in the public and private schools carrying out a K through 12 program, or any part thereof, so that in case of sudden emergency they shall be able to leave their particular school building in the shortest possible time or take such other steps as the particular emergency demands, and without confusion or panic; such rules and regulations shall be published and distributed to certificated personnel throughout the state whose duties shall include a familiarization therewith as well as the means of implementation thereof at their particular school.

(12))) Hear and decide appeals as otherwise provided by law.

The state board of education is given the authority to promulgate information and rules dealing with the prevention of child abuse for purposes of curriculum use in the common schools.

Sec. 5. RCW 42.17.310 and 2001 c 278 s 1, 2001 c 98 s 2, and 2001 c 70 s 1 are each reenacted and amended to read as follows:

(1) The following are exempt from public inspection and copying:

(a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.

(b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.

(c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 84.08.210, 82.32.330, 84.40.020, or 84.40.340 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.

(d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.

(e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.

(f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.

(g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.

(h) Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.

(i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.

(j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.

(k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.

(l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.

(m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (ii) highway construction or improvement as required by RCW 47.28.070.

(n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.

(o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW, and by persons pertaining to export projects pursuant to RCW 43.23.035.

(p) Financial disclosures filed by private vocational schools under chapters 28B.85 and 28C.10 RCW.

(q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.

(r) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency.

(s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.

(t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.

(u) The residential addresses or residential telephone numbers of employees or volunteers of a public agency which are held by any public agency in personnel records, public employment related records, or volunteer rosters, or are included in any mailing list of employees or volunteers of any public agency.

(v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers, except that this information may be released to the division of child support or the agency or firm providing child support enforcement for another state under Title IV-D of the federal social security act, for the establishment, enforcement, or modification of a support order.

(w)(i) The federal social security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health, except this exemption does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations; (ii) the current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests that this information be withheld from public inspection and copying, and provides to the department an accurate alternate or business address and business telephone number. On or after January 1, 1995, the current residential address and residential telephone number of a health care provider governed under RCW 18.130.040 maintained in the files of the department shall automatically be withheld from public inspection and copying unless the provider specifically requests the information be released, and except as provided for under RCW 42.17.260(9).

(x) Information obtained by the board of pharmacy as provided in RCW 69.45.090.

(y) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.

(z) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.

(aa) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.

(bb) Financial and valuable trade information under RCW 51.36.120.

(cc) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in RCW 70.125.030.

(dd) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.

(ee) Investigative records compiled by an employing agency conducting a current investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws prohibiting discrimination in employment.

(ff) Business related information protected from public inspection and copying under RCW 15.86.110.

(gg) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.

(hh) Information and documents created specifically for, and collected and maintained by a quality improvement committee pursuant to RCW 43.70.510 or 70.41.200, or by a peer review committee under RCW 4.24.250, regardless of which agency is in possession of the information and documents.

(ii) Personal information in files maintained in a data base created under RCW 43.07.360.

(jj) Financial and commercial information requested by the public stadium authority from any person or organization that leases or uses the stadium and exhibition center as defined in RCW 36.102.010.

(kk) Names of individuals residing in emergency or transitional housing that are furnished to the department of revenue or a county assessor in order to substantiate a claim for property tax exemption under RCW 84.36.043.

(ll) The names, residential addresses, residential telephone numbers, and other individually identifiable records held by an agency in relation to a vanpool, carpool, or other ride-sharing program or service. However, these records may be disclosed to other persons who apply for ride-matching services and who need that information in order to identify potential riders or drivers with whom to share rides.

(mm) The personally identifying information of current or former participants or applicants in a paratransit or other transit service operated for the benefit of persons with disabilities or elderly persons.

(nn) The personally identifying information of persons who acquire and use transit passes and other fare payment media including, but not limited to, stored value smart cards and magnetic strip cards, except that an agency may disclose this information to a person, employer, educational institution, or other entity that is responsible, in whole or in part, for payment of the cost of acquiring or using a transit pass or other fare payment media, or to the news media when reporting on public transportation or public safety. This information may also be disclosed at the agency's discretion to governmental agencies or groups concerned with public transportation or public safety.

(oo) Proprietary financial and commercial information that the submitting entity, with review by the department of health, specifically identifies at the time it is submitted and that is provided to or obtained by the department of health in connection with an application for, or the supervision of, an antitrust exemption sought by the submitting entity under RCW 43.72.310. If a request for such information is received, the submitting entity must be notified of the request. Within ten business days of receipt of the notice, the submitting entity shall provide a written statement of the continuing need for confidentiality, which shall be provided to the requester. Upon receipt of such notice, the department of health shall continue to treat information designated under this section as exempt from disclosure. If the requester initiates an action to compel disclosure under this chapter, the submitting entity must be joined as a party to demonstrate the continuing need for confidentiality.

(pp) Records maintained by the board of industrial insurance appeals that are related to appeals of crime victims' compensation claims filed with the board under RCW 7.68.110.

(qq) Financial and commercial information supplied by or on behalf of a person, firm, corporation, or entity under chapter 28B.95 RCW relating to the purchase or sale of tuition units and contracts for the purchase of multiple tuition units.

(rr) Any records of investigative reports prepared by any state, county, municipal, or other law enforcement agency pertaining to sex offenses contained in chapter 9A.44 RCW or sexually violent offenses as defined in RCW 71.09.020, which have been transferred to the Washington association of sheriffs and police chiefs for permanent electronic retention and retrieval pursuant to RCW 40.14.070(2)(b).

(ss) Credit card numbers, debit card numbers, electronic check numbers, card expiration dates, or bank or other financial account numbers supplied to an agency for the purpose of electronic transfer of funds, except when disclosure is expressly required by law.

(tt) Financial information, including but not limited to account numbers and values, and other identification numbers supplied by or on behalf of a person, firm, corporation, limited liability company, partnership, or other entity related to an application for a liquor license, gambling license, or lottery retail license.

(uu) Records maintained by the employment security department and subject to chapter 50.13 RCW if provided to another individual or organization for operational, research, or evaluation purposes.

(vv) Individually identifiable information received by the work force training and education coordinating board for research or evaluation purposes.

(ww) Those portions of records containing specific and unique vulnerability assessments or specific and unique response plans, either of which is intended to prevent or mitigate criminal terrorist acts as defined in RCW 70.74.285, the public disclosure of which would have a substantial likelihood of threatening public safety.

(xx) Commercial fishing catch data from logbooks required to be provided to the department of fish and wildlife under RCW 77.12.047, when the data identifies specific catch location, timing, or methodology and the release of which would result in unfair competitive disadvantage to the commercial fisher providing the catch data. However, this information may be released to government agencies concerned with the management of fish and wildlife resources.

(yy) Sensitive wildlife data obtained by the department of fish and wildlife. However, sensitive wildlife data may be released to government agencies concerned with the management of fish and wildlife resources. Sensitive wildlife data includes:

(i) The nesting sites or specific locations of endangered species designated under RCW 77.12.020, or threatened or sensitive species classified by rule of the department of fish and wildlife;

(ii) Radio frequencies used in, or locational data generated by, telemetry studies; or

(iii) Other location data that could compromise the viability of a specific fish or wildlife population, and where at least one of the following criteria are met:

(A) The species has a known commercial or black market value;

(B) There is a history of malicious take of that species; or

(C) There is a known demand to visit, take, or disturb, and the species behavior or ecology renders it especially vulnerable or the species has an extremely limited distribution and concentration.

(zz) The personally identifying information of persons who acquire recreational licenses under RCW 77.32.010 or commercial licenses under chapter 77.65 or 77.70 RCW, except name, address of contact used by the department, and type of license, endorsement, or tag. However, the department of fish and wildlife may disclose personally identifying information to:

(i) Government agencies concerned with the management of fish and wildlife resources;

(ii) The department of social and health services, child support division, and to the department of licensing in order to implement RCW 77.32.014 and 46.20.291; and

(iii) Law enforcement agencies for the purpose of firearm possession enforcement under RCW 9.41.040.

(aaa) Information included within the development of the comprehensive safe school plans developed according to section 2 of this act, and school safety risk assessments to the extent that they identify specific vulnerabilities of school districts and each individual school.

(2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.

(3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.

(4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.

NEW SECTION. Sec. 6. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 7. (1) Sections 2 and 5 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately.

(2) Sections 3 and 4 of this act take effect September 1, 2002."

Correct the title.

Signed by Representatives Quall, Chairman; Haigh, Vice Chairman; Talcott, Ranking Minority Member; Anderson; Cox; McDermott; Rockefeller; Santos; Schmidt and Upthegrove.

MINORITY recommendation: Without recommendation. Signed by Representatives Schindler.

Voting yea: Representatives Quall, Haigh, Talcott, Anderson, Cox, McDermott, Rockefeller, Santos, Schmidt and Upthegrove.

Voting Nay: Representative Schindler.

Passed to Committee on Rules for second reading.

February 28, 2002

SB 5594 Prime Sponsor, Senator Gardner: Consolidating housing authorities. Reported by Committee on Local Government & Housing

MAJORITY recommendation: Do pass. Signed by Representatives Dunshee, Chairman; Edwards, Vice Chairman; Mulliken, Ranking Minority Member; Berkey; DeBolt; Dunn; Hatfield; Kirby and Sullivan.

MINORITY recommendation: Without recommendation. Signed by Representatives Crouse and Mielke.

Voting yea: Representatives Dunshee, Edwards, Mulliken, Berkey, DeBolt, Dunn, Hatfield, Kirby and Sullivan.

Voting nay: Representatives Crouse and Mielke.

Passed to Committee on Rules for second reading.

February 28, 2002

ESB 5624 Prime Sponsor, Senator Kohl-Welles: Requiring disclosure of fire protection and building safety information. Reported by Committee on Local Government & Housing

MAJORITY recommendation: Do pass as amended.

On page 3, line 7, after "(b)" insert "The information required under this subsection may be provided to a tenant in a multifamily residential building either as a written notice or as a checklist that discloses whether the building has fire safety and protection devices and systems. The checklist shall include a diagram showing the emergency evacuation routes for the occupants.

(c)"

On page 3, line 7, after "notice" insert "or checklist"

Signed by Representatives Dunshee, Chair; Edwards, Vice Chair; Mulliken; Berkey; DeBolt; Dunn; Hatfield; Kirby and Sullivan.

MINORITY recommendation: Without recommendation. Signed by Representatives Crouse and Mielke.

Voting yea: Representatives Dunshee, Edwards, Mulliken, Berkey, DeBolt, Dunn, Hatfield, Kirby and Sullivan.

Voting nay: Representatives Crouse and Mielke.

Passed to Committee on Rules for second reading.

February 28, 2002

SB 5683 Prime Sponsor, Senator Horn: Adding an ex officio member to the building code council. Reported by Committee on Local Government & Housing

MAJORITY recommendation: Do pass as amended.

On page 2, line 11, after "protection;" insert "one member who is a local government or fire protection district fire fighter;"

Signed by Representatives Dunshee, Chairman; Edwards, Vice Chairman; Berkey; Hatfield; Kirby and Sullivan.

MINORITY recommendation: Without recommendation. Signed by Representatives Mulliken, Ranking Minority Member; Crouse; DeBolt; Dunn and Mielke.

Voting yea: Representatives Dunshee, Edwards, Berkey, Hatfield, Kirby and Sullivan.

Voting Nay: Representatives Mulliken, Crouse, DeBolt, Dunn and Mielke.

Passed to Committee on Rules for second reading.

February 28, 2002

ESB 5692 Prime Sponsor, Senator Costa: Creating youth courts. Reported by Committee on Juvenile Justice & Family Law

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Court" when used without further qualification means the district court under chapter 3.30 RCW, the municipal department under chapter 3.46 RCW, or the municipal court under chapter 3.50 or 35.20 RCW.

(2) "Traffic infraction" means those acts defined as traffic infractions by RCW 46.63.020.

(3) "Youth court" means an alternative method of hearing and disposing of traffic infractions for juveniles age sixteen or seventeen.

NEW SECTION. Sec. 2. (1) A court created under chapter 3.30, 3.46, 3.50, or 35.20 RCW may create a youth court. The youth court shall have jurisdiction over traffic infractions alleged to have been committed by juveniles age sixteen or seventeen. The court may refer a juvenile to the youth court upon request of any party or upon its own motion. However, a juvenile shall not be required under this section to have his or her traffic infraction referred to or disposed of by a youth court.

(2) To be referred to a youth court, a juvenile:

(a) May not have had a prior traffic infraction referred to a youth court;

(b) May not be under the jurisdiction of any court for a violation of any provision of Title 46 RCW;

(d) Must acknowledge that there is a high likelihood that he or she would be found to have committed the traffic infraction.

NEW SECTION. Sec. 3. (1) A youth court agreement shall be a contract between a juvenile accused of a traffic infraction and a court whereby the juvenile agrees to fulfill certain conditions imposed by a youth court in lieu of a determination that a traffic infraction occurred. Such agreements may be entered into only after the law enforcement authority has determined that probable cause exists to believe that a traffic infraction has been committed and that the juvenile committed it. A youth court agreement shall be reduced to writing and signed by the court and the youth accepting the terms of the agreement. Such agreements shall be entered into as expeditiously as possible.

(2) Conditions imposed on a juvenile by a youth court shall be limited to one or more of the following:

(a) Community service not to exceed one hundred fifty hours, not to be performed during school hours if the juvenile is attending school;

(b) Attendance at defensive driving school or driver improvement education classes or, in the discretion of the court, a like means of fulfilling this condition. The state shall not be liable for costs resulting from the youth court or the conditions imposed upon the juvenile by the youth court;

(c) A monetary penalty, not to exceed one hundred dollars. In determining the amount of the monetary penalty, the youth court shall consider only the juvenile's financial resources and whether the juvenile has the means to pay the monetary penalty. The youth court shall not consider the financial resources of the juvenile's parents, guardian, or custodian in determining the monetary penalty to be imposed. All monetary penalties assessed and collected under this section shall be deposited and distributed in the same manner as costs, fines, forfeitures, and penalties are assessed and collected under RCW 2.68.040, 3.46.120, 3.50.100, 3.62.020, 3.62.040, 35.20.220, and 46.63.110(6), regardless of the juvenile's successful or unsuccessful completion of the youth court agreement;

(d) Requirements to remain during specified hours at home, school, or work, and restrictions on leaving or entering specified geographical areas;

(e) Participating in law-related education classes;

(f) Providing periodic reports to the youth court or the court;

(g) Participating in mentoring programs;

(h) Serving as a participant in future youth court proceedings;

(i) Writing apology letters; or

(j) Writing essays.

(3) Youth courts may require that the youth pay any costs associated with conditions imposed upon the youth by the youth court.

(a) A youth court disposition shall be completed within one hundred eighty days from the date of referral.

(b) The court, as specified in section 2 of this act, shall monitor the successful or unsuccessful completion of the disposition.

(4) A youth court agreement may extend beyond the eighteenth birthday of the youth.

(5) Any juvenile who is, or may be, referred to a youth court shall be afforded due process in all contacts with the youth court regardless of whether the juvenile is accepted by the youth court or whether the youth court program is successfully completed. Such due process shall include, but not be limited to, the following:

(a) A written agreement shall be executed stating all conditions in clearly understandable language and the action that will be taken by the court upon successful or unsuccessful completion of the agreement;

(b) Violation of the terms of the agreement shall be the only grounds for termination.

(6) The youth court shall, subject to available funds, be responsible for providing interpreters when juveniles need interpreters to effectively communicate during youth court hearings or negotiations.

(7) The court shall be responsible for advising a juvenile of his or her rights as provided in this chapter.

(8) When a juvenile enters into a youth court agreement, the court may receive only the following information for dispositional purposes:

(a) The fact that a traffic infraction was alleged to have been committed;

(b) The fact that a youth court agreement was entered into;

(d) Whether the juvenile performed his or her obligations under such agreement; and

(e) The facts of the alleged traffic infraction.

(9) A court may refuse to enter into a youth court agreement with a juvenile. When a court refuses to enter a youth court agreement with a juvenile, it shall set the matter for hearing in accordance with all applicable court rules and statutory provisions governing the hearing and disposition of traffic infractions.

(10) If a monetary penalty required by a youth court agreement cannot reasonably be paid due to a lack of financial resources of the youth, the court may convert any or all of the monetary penalty into community service. The modification of the youth court agreement shall be in writing and signed by the juvenile and the court. The number of hours of community service in lieu of a monetary penalty shall be converted at the rate of the prevailing state minimum wage per hour.

NEW SECTION. Sec. 4. Youth courts provide a disposition method for cases involving juveniles alleged to have committed traffic infractions, in which participants, under the supervision of the court, may serve in various capacities within the youth court, acting in the role of jurors, lawyers, bailiffs, clerks, and judges. Youth courts have no jurisdiction except as provided for in this chapter. Youth courts are not courts established under Article IV of the state Constitution.

NEW SECTION. Sec. 5. The administrative office of the courts shall encourage the courts to work with cities, counties, and schools to implement, expand, or use youth court programs for juveniles who commit traffic infractions. Program operations of youth court programs may be funded by government and private grants. Youth court programs are limited to those that:

(1) Are developed using the guidelines for creating and operating youth court programs developed by nationally recognized experts in youth court projects;

(2) Target youth ages sixteen and seventeen who are alleged to have committed a traffic infraction; and

(3) Emphasize the following principles:

(a) Youth must be held accountable for their problem behavior;

(b) Youth must be educated about the impact their actions have on themselves and others including their victims, their families, and their community;

(d) Youth should be provided a meaningful forum to practice and enhance newly developed skills.

NEW SECTION. Sec. 6. A court may require that a youth pay a nonrefundable fee, not exceeding thirty dollars, to cover the costs of administering the program. The fee may be reduced or waived for a participant. Fees shall be paid to and accounted for by the court. The fees collected under this section shall not constitute "certain costs" as defined in RCW 3.46.120(2), 3.50.100(2), 3.62.020(2), 3.62.040(2), and 35.20.220(2).

Sec. 7. RCW 13.40.020 and 1997 c 338 s 10 are each amended to read as follows:

For the purposes of this chapter:

(1) "Community-based rehabilitation" means one or more of the following: Employment; attendance of information classes; literacy classes; counseling, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, education or outpatient treatment programs to prevent animal cruelty, or other services; or attendance at school or other educational programs appropriate for the juvenile as determined by the school district. Placement in community-based rehabilitation programs is subject to available funds;

(2) Community-based sanctions may include one or more of the following:

(a) A fine, not to exceed five hundred dollars;

(b) Community service not to exceed one hundred fifty hours of service;

(3) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense. Community service may be performed through public or private organizations or through work crews;

(4) "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the department or an order granting a deferred disposition. A community supervision order for a single offense may be for a period of up to two years for a sex offense as defined by RCW 9.94A.030 and up to one year for other offenses. As a mandatory condition of any term of community supervision, the court shall order the juvenile to refrain from committing new offenses. As a mandatory condition of community supervision, the court shall order the juvenile to comply with the mandatory school attendance provisions of chapter 28A.225 RCW and to inform the school of the existence of this requirement. Community supervision is an individualized program comprised of one or more of the following:

(a) Community-based sanctions;

(b) Community-based rehabilitation;

(d) Posting of a probation bond;

(5) "Confinement" means physical custody by the department of social and health services in a facility operated by or pursuant to a contract with the state, or physical custody in a detention facility operated by or pursuant to a contract with any county. The county may operate or contract with vendors to operate county detention facilities. The department may operate or contract to operate detention facilities for juveniles committed to the department. Pretrial confinement or confinement of less than thirty-one days imposed as part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court;

(6) "Court," when used without further qualification, means the juvenile court judge(s) or commissioner(s);

(7) "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense:

(a) The allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter; or

(b) The criminal complaint was diverted by a prosecutor pursuant to the provisions of this chapter on agreement of the respondent and after an advisement to the respondent that the criminal complaint would be considered as part of the respondent's criminal history. A successfully completed deferred adjudication that was entered before July 1, 1998, or a deferred disposition shall not be considered part of the respondent's criminal history;

(8) "Department" means the department of social and health services;

(9) "Detention facility" means a county facility, paid for by the county, for the physical confinement of a juvenile alleged to have committed an offense or an adjudicated offender subject to a disposition or modification order. "Detention facility" includes county group homes, inpatient substance abuse programs, juvenile basic training camps, and electronic monitoring;

(10) "Diversion unit" means any probation counselor who enters into a diversion agreement with an alleged youthful offender, or any other person, community accountability board, youth court under the supervision of the juvenile court, or other entity except a law enforcement official or entity, with whom the juvenile court administrator has contracted to arrange and supervise such agreements pursuant to RCW 13.40.080, or any person, community accountability board, or other entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter. For purposes of this subsection, "community accountability board" means a board comprised of members of the local community in which the juvenile offender resides. The superior court shall appoint the members. The boards shall consist of at least three and not more than seven members. If possible, the board should include a variety of representatives from the community, such as a law enforcement officer, teacher or school administrator, high school student, parent, and business owner, and should represent the cultural diversity of the local community;

(11) "Foster care" means temporary physical care in a foster family home or group care facility as defined in RCW 74.15.020 and licensed by the department, or other legally authorized care;

(12) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;

(13) "Intensive supervision program" means a parole program that requires intensive supervision and monitoring, offers an array of individualized treatment and transitional services, and emphasizes community involvement and support in order to reduce the likelihood a juvenile offender will commit further offenses;

(14) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years and who has not been previously transferred to adult court pursuant to RCW 13.40.110 or who is otherwise under adult court jurisdiction;

(15) "Juvenile offender" means any juvenile who has been found by the juvenile court to have committed an offense, including a person eighteen years of age or older over whom jurisdiction has been extended under RCW 13.40.300;

(16) "Local sanctions" means one or more of the following: (a) 0-30 days of confinement; (b) 0-12 months of community supervision; (c) 0-150 hours of community service; or (d) $0-$500 fine;

(17) "Manifest injustice" means a disposition that would either impose an excessive penalty on the juvenile or would impose a serious, and clear danger to society in light of the purposes of this chapter;

(18) "Monitoring and reporting requirements" means one or more of the following: Curfews; requirements to remain at home, school, work, or court-ordered treatment programs during specified hours; restrictions from leaving or entering specified geographical areas; requirements to report to the probation officer as directed and to remain under the probation officer's supervision; and other conditions or limitations as the court may require which may not include confinement;

(19) "Offense" means an act designated a violation or a crime if committed by an adult under the law of this state, under any ordinance of any city or county of this state, under any federal law, or under the law of another state if the act occurred in that state;

(20) "Probation bond" means a bond, posted with sufficient security by a surety justified and approved by the court, to secure the offender's appearance at required court proceedings and compliance with court-ordered community supervision or conditions of release ordered pursuant to RCW 13.40.040 or 13.40.050. It also means a deposit of cash or posting of other collateral in lieu of a bond if approved by the court;

(21) "Respondent" means a juvenile who is alleged or proven to have committed an offense;

(22) "Restitution" means financial reimbursement by the offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical treatment for physical injury to persons, lost wages resulting from physical injury, and costs of the victim's counseling reasonably related to the offense if the offense is a sex offense. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses. Nothing in this chapter shall limit or replace civil remedies or defenses available to the victim or offender;

(23) "Secretary" means the secretary of the department of social and health services. "Assistant secretary" means the assistant secretary for juvenile rehabilitation for the department;

(24) "Services" means services which provide alternatives to incarceration for those juveniles who have pleaded or been adjudicated guilty of an offense or have signed a diversion agreement pursuant to this chapter;

(25) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;

(26) "Sexual motivation" means that one of the purposes for which the respondent committed the offense was for the purpose of his or her sexual gratification;

(27) "Surety" means an entity licensed under state insurance laws or by the state department of licensing, to write corporate, property, or probation bonds within the state, and justified and approved by the superior court of the county having jurisdiction of the case;

(28) "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable doubt, and is punishable by sanctions which do not include incarceration;

(29) "Violent offense" means a violent offense as defined in RCW 9.94A.030.

(30) "Youth court" means a diversion unit under the supervision of the juvenile court.

Sec. 8. RCW 13.40.080 and 1999 c 91 s 1 are each amended to read as follows:

(1) A diversion agreement shall be a contract between a juvenile accused of an offense and a ((diversionary)) diversion unit whereby the juvenile agrees to fulfill certain conditions in lieu of prosecution. Such agreements may be entered into only after the prosecutor, or probation counselor pursuant to this chapter, has determined that probable cause exists to believe that a crime has been committed and that the juvenile committed it. Such agreements shall be entered into as expeditiously as possible.

(2) A diversion agreement shall be limited to one or more of the following:

(a) Community service not to exceed one hundred fifty hours, not to be performed during school hours if the juvenile is attending school;

(b) Restitution limited to the amount of actual loss incurred by ((the)) any victim;

(c) Attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions at a community agency. The educational or informational sessions may include sessions relating to respect for self, others, and authority; victim awareness; accountability; self-worth; responsibility; work ethics; good citizenship; literacy; and life skills. For purposes of this section, "community agency" may also mean a community-based nonprofit organization, if approved by the diversion unit. The state shall not be liable for costs resulting from the ((diversionary)) diversion unit exercising the option to permit diversion agreements to mandate attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions;

(d) A fine, not to exceed one hundred dollars. In determining the amount of the fine, the diversion unit shall consider only the juvenile's financial resources and whether the juvenile has the means to pay the fine. The diversion unit shall not consider the financial resources of the juvenile's parents, guardian, or custodian in determining the fine to be imposed;

(e) Requirements to remain during specified hours at home, school, or work, and restrictions on leaving or entering specified geographical areas; and

(f) Upon request of ((the)) any victim or witness, requirements to refrain from any contact with victims or witnesses of offenses committed by the juvenile.

(3) Notwithstanding the provisions of subsection (2) of this section, youth courts are not limited to the conditions imposed by subsection (2) of this section in imposing sanctions on juveniles pursuant to section 14 of this act.

(4) In assessing periods of community service to be performed and restitution to be paid by a juvenile who has entered into a diversion agreement, the court officer to whom this task is assigned shall consult with the juvenile's custodial parent or parents or guardian and victims who have contacted the ((diversionary)) diversion unit and, to the extent possible, involve members of the community. Such members of the community shall meet with the juvenile and advise the court officer as to the terms of the diversion agreement and shall supervise the juvenile in carrying out its terms.

(((4))) (5)(a) A diversion agreement may not exceed a period of six months and may include a period extending beyond the eighteenth birthday of the divertee.

(b) If additional time is necessary for the juvenile to complete restitution to ((the)) a victim, the time period limitations of this subsection may be extended by an additional six months.

(c) If the juvenile has not paid the full amount of restitution by the end of the additional six-month period, then the juvenile shall be referred to the juvenile court for entry of an order establishing the amount of restitution still owed to the victim. In this order, the court shall also determine the terms and conditions of the restitution, including a payment plan extending up to ten years if the court determines that the juvenile does not have the means to make full restitution over a shorter period. For the purposes of this subsection (((4))) (5)(c), the juvenile shall remain under the court's jurisdiction for a maximum term of ten years after the juvenile's eighteenth birthday. Prior to the expiration of the initial ten-year period, the juvenile court may extend the judgment for restitution an additional ten years. The court may not require the juvenile to pay full or partial restitution if the juvenile reasonably satisfies the court that he or she does not have the means to make full or partial restitution and could not reasonably acquire the means to pay the restitution over a ten-year period. The county clerk shall make disbursements to victims named in the order. The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments. A juvenile under obligation to pay restitution may petition the court for modification of the restitution order.

(((5))) (6) The juvenile shall retain the right to be referred to the court at any time prior to the signing of the diversion agreement.

(((6))) (7) Divertees and potential divertees shall be afforded due process in all contacts with a ((diversionary)) diversion unit regardless of whether the juveniles are accepted for diversion or whether the diversion program is successfully completed. Such due process shall include, but not be limited to, the following:

(a) A written diversion agreement shall be executed stating all conditions in clearly understandable language;

(b) Violation of the terms of the agreement shall be the only grounds for termination;

(c) No divertee may be terminated from a diversion program without being given a court hearing, which hearing shall be preceded by:

(i) Written notice of alleged violations of the conditions of the diversion program; and

(ii) Disclosure of all evidence to be offered against the divertee;

(d) The hearing shall be conducted by the juvenile court and shall include:

(i) Opportunity to be heard in person and to present evidence;

(ii) The right to confront and cross-examine all adverse witnesses;

(iii) A written statement by the court as to the evidence relied on and the reasons for termination, should that be the decision; and

(iv) Demonstration by evidence that the divertee has substantially violated the terms of his or her diversion agreement.

(e) The prosecutor may file an information on the offense for which the divertee was diverted:

(i) In juvenile court if the divertee is under eighteen years of age; or

(ii) In superior court or the appropriate court of limited jurisdiction if the divertee is eighteen years of age or older.

(((7))) (8) The diversion unit shall, subject to available funds, be responsible for providing interpreters when juveniles need interpreters to effectively communicate during diversion unit hearings or negotiations.

(((8))) (9) The diversion unit shall be responsible for advising a divertee of his or her rights as provided in this chapter.

(((9))) (10) The diversion unit may refer a juvenile to community-based counseling or treatment programs.

(((10))) (11) The right to counsel shall inure prior to the initial interview for purposes of advising the juvenile as to whether he or she desires to participate in the diversion process or to appear in the juvenile court. The juvenile may be represented by counsel at any critical stage of the diversion process, including intake interviews and termination hearings. The juvenile shall be fully advised at the intake of his or her right to an attorney and of the relevant services an attorney can provide. For the purpose of this section, intake interviews mean all interviews regarding the diversion agreement process.

The juvenile shall be advised that a diversion agreement shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(7). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the ((diversionary)) diversion unit together with the diversion agreement, and a copy of both documents shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language.

(((11))) (12) When a juvenile enters into a diversion agreement, the juvenile court may receive only the following information for dispositional purposes:

(a) The fact that a charge or charges were made;

(b) The fact that a diversion agreement was entered into;

(d) Whether the alleged offender performed his or her obligations under such agreement; and

(e) The facts of the alleged offense.

(((12))) (13) A ((diversionary)) diversion unit may refuse to enter into a diversion agreement with a juvenile. When a ((diversionary)) diversion unit refuses to enter a diversion agreement with a juvenile, it shall immediately refer such juvenile to the court for action and shall forward to the court the criminal complaint and a detailed statement of its reasons for refusing to enter into a diversion agreement. The ((diversionary)) diversion unit shall also immediately refer the case to the prosecuting attorney for action if such juvenile violates the terms of the diversion agreement.

(((13))) (14) A ((diversionary)) diversion unit may, in instances where it determines that the act or omission of an act for which a juvenile has been referred to it involved no victim, or where it determines that the juvenile referred to it has no prior criminal history and is alleged to have committed an illegal act involving no threat of or instance of actual physical harm and involving not more than fifty dollars in property loss or damage and that there is no loss outstanding to the person or firm suffering such damage or loss, counsel and release or release such a juvenile without entering into a diversion agreement. A diversion unit's authority to counsel and release a juvenile under this subsection ((shall)) includes the authority to refer the juvenile to community-based counseling or treatment programs. Any juvenile released under this subsection shall be advised that the act or omission of any act for which he or she had been referred shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(7). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the unit, and a copy of the document shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language. A juvenile determined to be eligible by a ((diversionary)) diversion unit for release as provided in this subsection shall retain the same right to counsel and right to have his or her case referred to the court for formal action as any other juvenile referred to the unit.

(((14))) (15) A diversion unit may supervise the fulfillment of a diversion agreement entered into before the juvenile's eighteenth birthday and which includes a period extending beyond the divertee's eighteenth birthday.

(((15))) (16) If a fine required by a diversion agreement cannot reasonably be paid due to a change of circumstance, the diversion agreement may be modified at the request of the divertee and with the concurrence of the diversion unit to convert an unpaid fine into community service. The modification of the diversion agreement shall be in writing and signed by the divertee and the diversion unit. The number of hours of community service in lieu of a monetary penalty shall be converted at the rate of the prevailing state minimum wage per hour.

(((16))) (17) Fines imposed under this section shall be collected and paid into the county general fund in accordance with procedures established by the juvenile court administrator under RCW 13.04.040 and may be used only for juvenile services. In the expenditure of funds for juvenile services, there shall be a maintenance of effort whereby counties exhaust existing resources before using amounts collected under this section.

NEW SECTION. Sec. 9. A new section is added to chapter 13.40 RCW to read as follows:

Youth courts provide a diversion for cases involving juvenile offenders, in which participants, under the supervision of an adult coordinator, may serve in various capacities within the program, acting in the role of jurors, lawyers, bailiffs, clerks, and judges. Youths who appear before youth courts are youths eligible for diversion pursuant to RCW 13.40.070 (6) and (7). Youth courts have no jurisdiction except as provided for in this act. Youth courts are diversion units and not courts established under Article IV of the state Constitution.

NEW SECTION. Sec. 10. A new section is added to chapter 13.40 RCW to read as follows:

(1) The administrative office of the courts shall encourage the juvenile courts to work with cities and counties to implement, expand, or use youth court programs for juveniles who commit diversion-eligible offenses, civil, or traffic infractions. Program operations of youth court programs may be funded by government and private grants. Youth court programs are limited to those that:

(a) Are developed using the guidelines for creating and operating youth court programs developed by nationally recognized experts in youth court projects;

(b) Target offenders age eight through seventeen; and

(i) Youth must be held accountable for their problem behavior;

(ii) Youth must be educated about the impact their actions have on themselves and others including their victims, their families, and their community;

(iii) Youth must develop skills to resolve problems with their peers more effectively; and

(iv) Youth should be provided a meaningful forum to practice and enhance newly developed skills.

(2) Youth court programs under this section may be established by private nonprofit organizations and schools, upon prior approval and under the supervision of juvenile court.

NEW SECTION. Sec. 11. A new section is added to chapter 13.40 RCW to read as follows:

(1) Youth courts have authority over juveniles ages eight through seventeen who:

(a) Along with their parent, guardian, or legal custodian, voluntarily and in writing request youth court involvement;

(b) Admit they have committed the offense they are referred for;

(c) Along with their parent, guardian, or legal custodian, waive any privilege against self-incrimination concerning the offense; and

(d) Along with their parent, guardian, or legal custodian, agree to comply with the youth court disposition of the case.

(2) Youth courts shall not exercise authority over youth who are under the continuing jurisdiction of the juvenile court for law violations, including a youth with a matter pending before the juvenile court but which has not yet been adjudicated.

(3) Youth courts may decline to accept a youth for youth court disposition for any reason and may terminate a youth from youth court participation at any time.

(4) A youth or his or her parent, guardian, or legal custodian may withdraw from the youth court process at any time.

(5) Youth courts shall give any victims of a juvenile the opportunity to be notified, present, and heard in any youth court proceeding.

NEW SECTION. Sec. 12. A new section is added to chapter 13.40 RCW to read as follows:

Youth court may not notify the juvenile court of satisfaction of conditions until all ordered restitution has been paid.

NEW SECTION. Sec. 13. A new section is added to chapter 13.40 RCW to read as follows:

Every youth appearing before a youth court shall be accompanied by his or her parent, guardian, or legal custodian.

NEW SECTION. Sec. 14. A new section is added to chapter 13.40 RCW to read as follows:

(1) Youth court dispositional options include those delineated in RCW 13.40.080, and may also include:

(a) Participating in law-related education classes, appropriate counseling, treatment, or other education programs;

(b) Providing periodic reports to the youth court;

(d) Serving as a participant in future youth court proceedings;

(e) Writing apology letters; or

(f) Writing essays.

(2) Youth courts shall not impose a term of confinement or detention. Youth courts may require that the youth pay reasonable fees to participate in youth court and in classes, counseling, treatment, or other educational programs that are the disposition of the youth court.

(3) A youth court disposition shall be completed within one hundred eighty days from the date of referral.

(4) Pursuant to RCW 13.40.080(1), a youth court disposition shall be reduced to writing and signed by the youth and his or her parent, guardian, or legal custodian accepting the disposition terms.

(5) Youth court shall notify the juvenile court upon successful or unsuccessful completion of the disposition.

(6) Youth court shall notify the prosecutor or probation counselor of a failure to successfully complete the youth court disposition.

NEW SECTION. Sec. 15. A new section is added to chapter 13.40 RCW to read as follows:

A youth court may require that a youth pay a nonrefundable fee, not exceeding thirty dollars, to cover the costs of administering the program. The fee may be reduced or waived for a participant. Fees shall be paid to and accounted for by the youth court.

Sec. 16. RCW 9.94A.850 and 2000 c 28 s 41 are each amended to read as follows:

(1) A sentencing guidelines commission is established as an agency of state government.

(2) The legislature finds that the commission, having accomplished its original statutory directive to implement this chapter, and having expertise in sentencing practice and policies, shall:

(a) Evaluate state sentencing policy, to include whether the sentencing ranges and standards are consistent with and further:

(i) The purposes of this chapter as defined in RCW 9.94A.010; and

(ii) The intent of the legislature to emphasize confinement for the violent offender and alternatives to confinement for the nonviolent offender.

The commission shall provide the governor and the legislature with its evaluation and recommendations under this subsection not later than December 1, 1996, and every two years thereafter;

(b) Recommend to the legislature revisions or modifications to the standard sentence ranges, state sentencing policy, prosecuting standards, and other standards. If implementation of the revisions or modifications would result in exceeding the capacity of correctional facilities, then the commission shall accompany its recommendation with an additional list of standard sentence ranges which are consistent with correction capacity;

(d)(i) Serve as a clearinghouse and information center for the collection, preparation, analysis, and dissemination of information on state and local adult and juvenile sentencing practices; (ii) develop and maintain a computerized adult and juvenile sentencing information system by individual superior court judge consisting of offender, offense, history, and sentence information entered from judgment and sentence forms for all adult felons; and (iii) conduct ongoing research regarding adult and juvenile sentencing guidelines, use of total confinement and alternatives to total confinement, plea bargaining, and other matters relating to the improvement of the adult criminal justice system and the juvenile justice system;

(e) Assume the powers and duties of the juvenile disposition standards commission after June 30, 1996;

(f) Evaluate the effectiveness of existing disposition standards and related statutes in implementing policies set forth in RCW 13.40.010 generally, specifically review the guidelines relating to the confinement of minor and first-time offenders as well as the use of diversion, and review the application of current and proposed juvenile sentencing standards and guidelines for potential adverse impacts on the sentencing outcomes of racial and ethnic minority youth;

(g) Solicit the comments and suggestions of the juvenile justice community concerning disposition standards, and make recommendations to the legislature regarding revisions or modifications of the standards. The evaluations shall be submitted to the legislature on December 1 of each odd-numbered year. The department of social and health services shall provide the commission with available data concerning the implementation of the disposition standards and related statutes and their effect on the performance of the department's responsibilities relating to juvenile offenders, and with recommendations for modification of the disposition standards. The office of the administrator for the courts shall provide the commission with available data on diversion, including the use of youth court programs, and dispositions of juvenile offenders under chapter 13.40 RCW; and

(h) Not later than December 1, 1997, and at least every two years thereafter, based on available information, report to the governor and the legislature on:

(i) Racial disproportionality in juvenile and adult sentencing, and, if available, the impact that diversions, such as youth courts, have on racial disproportionality in juvenile prosecution, adjudication, and sentencing;

(ii) The capacity of state and local juvenile and adult facilities and resources; and

(iii) Recidivism information on adult and juvenile offenders.

(3) Each of the commission's recommended standard sentence ranges shall include one or more of the following: Total confinement, partial confinement, community supervision, community service, and a fine.

(4) The standard sentence ranges of total and partial confinement under this chapter are subject to the following limitations:

(a) If the maximum term in the range is one year or less, the minimum term in the range shall be no less than one-third of the maximum term in the range, except that if the maximum term in the range is ninety days or less, the minimum term may be less than one-third of the maximum;

(b) If the maximum term in the range is greater than one year, the minimum term in the range shall be no less than seventy-five percent of the maximum term in the range, except that for murder in the second degree in seriousness level XIV under RCW 9.94A.510, the minimum term in the range shall be no less than fifty percent of the maximum term in the range; and

(c) The maximum term of confinement in a range may not exceed the statutory maximum for the crime as provided in RCW 9A.20.021.

(5)(a) Not later than December 31, 1999, the commission shall propose to the legislature the initial community custody ranges to be included in sentences under RCW 9.94A.715 for crimes committed on or after July 1, 2000. Not later than December 31 of each year, the commission may propose modifications to the ranges. The ranges shall be based on the principles in RCW 9.94A.010, and shall take into account the funds available to the department for community custody. The minimum term in each range shall not be less than one-half of the maximum term.

(b) The legislature may, by enactment of a legislative bill, adopt or modify the community custody ranges proposed by the commission. If the legislature fails to adopt or modify the initial ranges in its next regular session after they are proposed, the proposed ranges shall take effect without legislative approval for crimes committed on or after July 1, 2000.

(c) When the commission proposes modifications to ranges pursuant to this subsection, the legislature may, by enactment of a bill, adopt or modify the ranges proposed by the commission for crimes committed on or after July 1 of the year after they were proposed. Unless the legislature adopts or modifies the commission's proposal in its next regular session, the proposed ranges shall not take effect.

(6) The commission shall exercise its duties under this section in conformity with chapter 34.05 RCW.

NEW SECTION. Sec. 17. A new section is added to chapter 28A.300 RCW to read as follows:

The office of the superintendent of public instruction shall encourage school districts to implement, expand, or use student court programs for students who commit violations of school rules and policies. Program operations of student courts may be funded by government and private grants. Student court programs are limited to those that:

(1) Are developed using the guidelines for creating and operating student court programs developed by nationally recognized student court projects;

(2) Target violations of school rules by students enrolled in public or private school; and

(3) Emphasize the following principles:

(a) Youth must be held accountable for their problem behavior;

(b) Youth must be educated about the impact their actions have on themselves and others including the school, school personnel, their classmates, their families, and their community;

(d) Youth should be provided a meaningful forum to practice and enhance newly developed skills.

NEW SECTION. Sec. 18. A new section is added to chapter 28A.320 RCW to read as follows:

Local school boards may provide for school credit for participation as a member of a youth court as defined in section 1 of this act or RCW 13.40.020 or a student court pursuant to section 17 of this act.

Sec. 19. RCW 13.40.250 and 1997 c 338 s 36 are each amended to read as follows:

A traffic or civil infraction case involving a juvenile under the age of sixteen may be diverted in accordance with the provisions of this chapter or filed in juvenile court.

(1) If a notice of a traffic or civil infraction is filed in juvenile court, the juvenile named in the notice shall be afforded the same due process afforded to adult defendants in traffic infraction cases.

(2) A monetary penalty imposed upon a juvenile under the age of sixteen who is found to have committed a traffic or civil infraction may not exceed one hundred dollars. At the juvenile's request, the court may order performance of a number of hours of community service in lieu of a monetary penalty, at the rate of the prevailing state minimum wage per hour.

(3) A diversion agreement entered into by a juvenile referred pursuant to this section shall be limited to thirty hours of community service, or educational or informational sessions.

(4) Traffic or civil infractions referred to a youth court pursuant to this section are subject to the conditions imposed by section 14 of this act.

(5) If a case involving the commission of a traffic or civil infraction or offense by a juvenile under the age of sixteen has been referred to a diversion unit, an abstract of the action taken by the diversion unit may be forwarded to the department of licensing in the manner provided for in RCW 46.20.270(2).

Sec. 20. RCW 46.63.040 and 1984 c 258 s 137 are each amended to read as follows:

(1) All violations of state law, local law, ordinance, regulation, or resolution designated as traffic infractions in RCW 46.63.020 may be heard and determined by a district court, except as otherwise provided in this section.

(2) Any municipal court has the authority to hear and determine traffic infractions pursuant to this chapter.

(3) Any city or town with a municipal court may contract with the county to have traffic infractions committed within the city or town adjudicated by a district court.

(4) District court commissioners have the authority to hear and determine traffic infractions pursuant to this chapter.

(5) Any district or municipal court may refer juveniles age sixteen or seventeen who are enrolled in school to a youth court, as defined in section 1 of this act or RCW 13.40.020, for traffic infractions.

(6) The boards of regents of the state universities, and the boards of trustees of the regional universities and of The Evergreen State College have the authority to hear and determine traffic infractions under RCW 28B.10.560.

NEW SECTION. Sec. 21. Sections 1 through 6 of this act constitute a new chapter in Title 3 RCW."

Correct the title.

Signed by Representatives Dickerson, Chairman; Darneille, Vice Chairman; Delvin, Ranking Minority Member; Armstrong; Eickmeyer and Tokuda.

MINORITY recommendation: Do not pass. Signed by Representatives Carrell.

Voting yea: Representatives Dickerson, Darneille, Delvin, Armstrong, Eickmeyer and Tokuda.

Voting Nay: Representative Carrell.

Passed to Committee on Appropriations.

February 28, 2002

SB 5694 Prime Sponsor, Senator Winsley: Establishing a certification program for mobile home park managers. Reported by Committee on Local Government & Housing

MAJORITY recommendation: Do pass as amended:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The purpose of this chapter is to establish a certification program for managers of mobile home parks.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Advisory council" means the advisory council on mobile home park manager training and certification created in section 7 of this act.

(2) "Department" means the department of community, trade, and economic development.

(3) "Director" means the director of the department of community, trade, and economic development.

(4) "Mobile home park" has the same meaning as in RCW 59.20.030.

(5) "Mobile home park management" means those actions, functions, or duties related to the management of a mobile home park.

(6) "Mobile home park manager" means a person who performs mobile home park management duties and is required to be certified under this chapter to perform mobile home park management services and does not include resident owners of mobile home parks who perform management duties.

NEW SECTION. Sec. 3. (1) A person will not manage a mobile home park in this state for any mobile home park with more than twenty-five mobile home lots until a certificate of registration certifying him or her as a mobile home park manager has been issued to him or her by the director in accordance with this chapter, except that a person initially employed as a park manager after the effective date of this section may be employed in that capacity for no more than one hundred eighty days following commencement of employment. At the end of that ninety-day period, the park manager must have attained certification in accordance with this chapter or immediately cease their employment.

(2) A corporation, partnership, trust, association, sole proprietor, or other like organization may own or operate a mobile home park or engage in the business of mobile home park management without being certified if it employs, retains, or contracts with certified natural persons who are registered mobile home park managers subject to this chapter.

NEW SECTION. Sec. 4. (1) The director will not issue an initial certificate of registration to any person to act as a mobile home park manager until that person has:

(a) Executed a written application on a form prescribed by the director, subscribed and sworn to by the applicant;

(b) Attended and completed a department-approved training course for mobile home park managers;

(c) Passed an examination approved by the department which demonstrates that the applicant has a fundamental knowledge of the manufactured/mobile home landlord-tenant act under chapter 59.20 RCW; and

(d) Paid to the director a fee authorized in section 8 of this act.

(2) Certificates of registration are effective on the date issued by the department and must be renewed every two years.

(3) A certificate of registration may be renewed annually provided the applicant provides evidence of continuing education as approved by the department. This evidence must be submitted with an application to renew certification. A maximum of eight hours of continuing education biennially may be required by the department for renewal of certification.

(4) As of the effective date of this section, mobile home park managers may present a verification of having successfully completed a training course conducted by a statewide trade association of mobile home park owners, which will satisfy the initial training requirement for one year and entitle the park manager to certification for that year.

NEW SECTION. Sec. 5. The department will contract with a statewide trade association exclusively representing mobile home park owners for the delivery of training courses required by this chapter. Training courses shall be made available within ninety days after the effective date of this section. The trade association may charge a fee for delivery of the training courses. The department, in consultation with the advisory council, will approve the curriculum of the training program.

NEW SECTION. Sec. 6. (1) The department, in consultation with the advisory council, will administer, coordinate, and enforce this chapter, develop the examination of applicants, and be responsible for the granting of certificates to qualified persons.

(2) The department is authorized to adopt rules that are necessary to implement, enforce, and interpret this chapter.

NEW SECTION. Sec. 7. (1) There is created an advisory council on mobile home park manager training and certification. The council consists of five members as follows: Two members of the council must be residents of mobile home parks; two members must be owners of mobile home parks; and one member must be the director or the director's designee, who serves as the chair of the council and is a nonvoting member. The resident members of the council must be selected from nominees submitted by organizations that represent mobile home owners. The park owner members of the council must be selected from nominees submitted by the manufacturing housing communities of Washington. The director will appoint the members for terms of two years.

(2) Members of the council will serve without compensation but are entitled to receive reimbursement for travel expenses as provided in RCW 43.03.050 and 43.03.060.

(3) The functions of the advisory council are to:

(a) Review, evaluate, and advise the department concerning revisions and adoption of rules affecting certification of mobile home park managers and the fees to be charged under section 8 of this act; and

(b) Develop, review, revise, and approve, in consultation with the department, the program for certification of mobile home park managers.

(4) The advisory council will meet at the call of its chair, at the request of a majority of its membership, at the request of the department, or at such times as are prescribed by rule.

(5) The department will provide adequate staff support to the advisory council to assist it in fulfilling its duties.

NEW SECTION. Sec. 8. The department may charge reasonable fees for services under this chapter that include, but are not limited to, the initial application fee, an application renewal fee, and fees for manager certification training costs. These fees are not intended to exceed the cost of providing the service under this chapter.

NEW SECTION. Sec. 9. Sections 3 and 4 of this act take effect January 1, 2003.

NEW SECTION. Sec. 10. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 11. Sections 1 through 10 of this act constitute a new chapter in Title 18 RCW."

Correct the title.

Signed by Representatives Dunshee, Chairman; Edwards, Vice Chairman; Berkey; Dunn; Hatfield; Kirby and Sullivan.

MINORITY recommendation: Without recommendation. Signed by Representatives Mulliken, Ranking Minority Member; Crouse; DeBolt and Mielke.

Voting yea: Representatives Dunshee, Edwards, Berkey, Dunn, Hatfield, Kirby and Sullivan.

Voting nay: Representatives Mulliken, Crouse, DeBolt and Mielke.

Passed to Committee on Rules for second reading.

February 28, 2002

2SSB 5797 Prime Sponsor, Senate Committee on Health & Long-Term Care: Authorizing advanced registered nurse practitioners to examine, diagnose, and treat injured workers covered by industrial insurance. Reported by Committee on Commerce & Labor

MAJORITY recommendation: Do pass. Signed by Representatives Conway, Chairman; Wood, Vice Chairman; Clements, Ranking Minority Member; Kenney; Lysen and McMorris.

MINORITY recommendation: Do not pass. Signed by Representatives Chandler.

Voting yea: Representatives Conway, Wood, Clements, Kenney, Lysen and McMorris.

Voting nay: Representative Chandler.

Passed to Committee on Rules for second reading.

February 26, 2002

SSB 5823 Prime Sponsor, Senate Committee on Education: Repealing student improvement goals. Reported by Committee on Education

MAJORITY recommendation: Do pass. Signed by Representatives Quall, Chairman; Haigh, Vice Chairman; Talcott, Ranking Minority Member; Anderson; McDermott; Rockefeller; Santos; Schindler; Schmidt and Upthegrove.

Voting yea: Representatives Quall, Haigh, Talcott, Anderson, McDermott, Rockefeller, Santos, Schindler, Schmidt and Upthegrove.

Excused: Representative Cox.

Passed to Committee on Rules for second reading.

February 28, 2002

E2SSB 5827 Prime Sponsor, Senate Committee on Judiciary: Changing provisions relating to the enforcement of judgments. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass. Signed by Representatives Lantz, Chairman; Hurst, Vice Chairman; Carrell, Ranking Minority Member; Boldt; Dickerson; Esser; Jarrett; Lovick and Lysen.

Voting yea: Representatives Lantz, Hurst, Carrell, Boldt, Dickerson, Esser, Jarrett, Lovick and Lysen.

Passed to Committee on Rules for second reading.

February 26, 2002

ESSB 5831 Prime Sponsor, Senate Committee on Natural Resources, Parks & Shorelines: Allowing the use of body-gripping traps under certain circumstances. (REVISED FOR ENGROSSED: Repealing the provisions of Initiative No. 713.) Reported by Committee on Natural Resources

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The following acts or parts of acts are each repealed:

(1) RCW 77.15.192 (Definitions) and 2001 c 1 s 2 (Initiative Measure No. 713);

(2) RCW 77.15.194 (Unlawful traps) and 2001 c 1 s 3 (Initiative Measure No. 713);

(3) RCW 77.15.198 (Violation of RCW 77.15.194 or 77.15.196--Penalty) and 2001 c 1 s 5 (Initiative Measure No. 713);

(4) Section 1, chapter 1, Laws of 2001 (Initiative Measure No. 713) (uncodified); and

(5) Section 6, chapter 1, Laws of 2001 (Initiative Measure No. 713) (uncodified).

Sec. 2. RCW 77.15.196 and 2001 c 1 s 4 (Initiative Measure No. 713) are each amended to read as follows:

It is unlawful to poison or attempt to poison any animal using sodium fluoroacetate, also known as compound 1080((, or sodium cyanide))."

Correct the title.

Signed by Representatives Doumit, Chairman; Sump, Ranking Minority Member; Buck; Eickmeyer; Ericksen; Jackley; Orcutt and Pearson.

MINORITY recommendation: Do not pass. Signed by Representatives Rockefeller, Vice Chairman; McDermott and Upthegrove.

Voting yea: Representatives Doumit, Sump, Buck, Eickmeyer, Ericksen, Jackley, Orcutt and Pearson.

Voting nay: Representatives Rockefeller, McDermott and Upthegrove.

Passed to Committee on Rules for second reading.

February 28, 2002

SB 5832 Prime Sponsor, Senator Haugen: Enabling counties planning under chapter 36.70A RCW to create nine lots in a short subdivision within a designated urban growth area. Reported by Committee on Local Government & Housing

MAJORITY recommendation: Do pass. Signed by Representatives Dunshee, Chair; Edwards, Vice Chair; Mulliken; Berkey; Crouse; DeBolt; Dunn; Hatfield; Kirby; Mielke and Sullivan.

Voting yea: Representatives Dunshee, Edwards, Mulliken, Berkey, Crouse, DeBolt, Dunn, Hatfield, Kirby, Mielke and Sullivan.

Passed to Committee on Rules for second reading.

February 28, 2002

SSB 5841 Prime Sponsor, Senate Committee on State & Local Government: Establishing a schedule for review of comprehensive plans and development regulations adopted under the growth management act. Reported by Committee on Local Government & Housing

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 36.70A.130 and 1997 c 429 s 10 are each amended to read as follows:

(1)(a) Each comprehensive land use plan and development regulations shall be subject to continuing review and evaluation by the county or city that adopted them. ((Not later than September 1, 2002, and at least every five years thereafter,)) A county or city shall take legislative action to review and, if needed, revise its comprehensive land use plan and development regulations to ensure ((that)) the plan and regulations ((are complying)) comply with the requirements of this chapter according to the time periods specified in subsection (4) of this section. A county or city not planning under RCW 36.70A.040 shall take action to review and, if needed, revise its policies and development regulations regarding critical areas and natural resource lands adopted according to this chapter to ensure these policies and regulations comply with the requirements of this chapter according to the time periods specified in subsection (4) of this section. Legislative action means the adoption of a resolution or ordinance following notice and a public hearing indicating at a minimum, a finding that a review and evaluation has occurred and identifying the revisions made, or that a revision was not needed and the reasons therefore. The review and evaluation required by this subsection may be combined with the review required by subsection (3) of this section. The review and evaluation required by this subsection shall include, but is not limited to, consideration of critical area ordinances and, if planning under RCW 36.70A.040, an analysis of the population allocated to a city or county from the most recent ten-year population forecast by the office of financial management.

(b) Any amendment of or revision to a comprehensive land use plan shall conform to this chapter((, and)). Any ((change)) amendment of or revision to development regulations shall be consistent with and implement the comprehensive plan.

(2)(a) Each county and city shall establish and broadly disseminate to the public a public participation program ((identifying)) consistent with RCW 36.70A.035 and 36.70A.140 that identifies procedures and schedules whereby updates, proposed amendments, or revisions of the comprehensive plan are considered by the governing body of the county or city no more frequently than once every year ((except that)). "Updates" means to review and revise, if needed, according to subsection (1) of this section, and the time periods specified in subsection (4) of this section. Amendments may be considered more frequently than once per year under the following circumstances:

(i) The initial adoption of a subarea plan that does not modify the comprehensive plan policies and designations applicable to the subarea;

(ii) The adoption or amendment of a shoreline master program under the procedures set forth in chapter 90.58 RCW; and

(iii) The amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of a county or city budget.

(b) Except as otherwise provided in (a) of this subsection, all proposals shall be considered by the governing body concurrently so the cumulative effect of the various proposals can be ascertained. However, after appropriate public participation a county or city may adopt amendments or revisions to its comprehensive plan that conform with this chapter whenever an emergency exists or to resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court.

(3) Each county that designates urban growth areas under RCW 36.70A.110 shall review, at least every ten years, its designated urban growth area or areas, and the densities permitted within both the incorporated and unincorporated portions of each urban growth area. In conjunction with this review by the county, each city located within an urban growth area shall review the densities permitted within its boundaries, and the extent to which the urban growth occurring within the county has located within each city and the unincorporated portions of the urban growth areas. The county comprehensive plan designating urban growth areas, and the densities permitted in the urban growth areas by the comprehensive plans of the county and each city located within the urban growth areas, shall be revised to accommodate the urban growth projected to occur in the county for the succeeding twenty-year period. The review required by this subsection may be combined with the review and evaluation required by RCW 36.70A.215.

(4) The department shall establish a schedule for counties and cities to take action to review and, if needed, revise their comprehensive plans and development regulations to ensure the plan and regulations comply with the requirements of this chapter. The schedule established by the department shall provide for the reviews and evaluations to be completed as follows:

(a) On or before December 1, 2004, and every seven years thereafter, for Clallam, Clark, Jefferson, King, Kitsap, Pierce, Snohomish, Thurston, and Whatcom counties and the cities within those counties;

(b) On or before December 1, 2005, and every seven years thereafter, for Cowlitz, Island, Lewis, Mason, San Juan, Skagit, and Skamania counties and the cities within those counties;

(c) On or before December 1, 2006, and every seven years thereafter, for Benton, Chelan, Douglas, Grant, Kittitas, Spokane, and Yakima counties and the cities within those counties; and

(d) On or before December 1, 2007, and every seven years thereafter, for Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grays Harbor, Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and Whitman counties and the cities within those counties.

(5)(a) Nothing in this section precludes a county or city from conducting the review and evaluation required by this section before the time limits established in subsection (4) of this section. Counties and cities may begin this process early and may be eligible for grants from the department, subject to available funding, if they elect to do so.

(b) State agencies are encouraged to provide technical assistance to the counties and cities in the review of critical area ordinances, comprehensive plans, and development regulations.

(6) A county or city subject to the time periods in subsection (4)(a) of this section that, pursuant to an ordinance adopted by the county or city establishing a schedule for periodic review of its comprehensive plan and development regulations, has conducted a review and evaluation of its comprehensive plan and development regulations and, on or after January 1, 2001, has taken action in response to that review and evaluation shall be deemed to have conducted the first review required by subsection (4)(a) of this section. Subsequent review and evaluation by the county or city of its comprehensive plan and development regulations shall be conducted in accordance with the time periods established under subsection (4)(a) of this section.

(7) The requirements imposed on counties and cities under this section shall be considered "requirements of this chapter" under the terms of RCW 36.70A.040(1). Only those counties and cities in compliance with the schedules in this section shall have the requisite authority to receive grants, loans, pledges, or financial guarantees from those accounts established in RCW 43.155.050 and 70.146.030. Only those counties and cities in compliance with the schedules in this section shall receive preference for grants or loans subject to the provisions of RCW 43.17.250."

On page 1, line 3 of the title, after "act;" strike the remainder of the title and insert "and amending RCW 36.70A.130."

Signed by Representatives Dunshee, Chair; Edwards, Vice Chair; Mulliken; Berkey; Crouse; DeBolt; Dunn; Hatfield; Kirby; Mielke and Sullivan.

Voting yea: Representatives Dunshee, Edwards, Mulliken, Berkey, Crouse, DeBolt, Dunn, Hatfield, Kirby, Mielke and Sullivan.

Passed to Committee on Rules for second reading.

February 27, 2002

2SSB 5949 Prime Sponsor, Senate Committee on Transportation: Erecting and maintaining motorist information sign panels. Reported by Committee on Transportation

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 47.36 RCW to read as follows:

(1) When exercising its authority to erect and maintain motorist information sign panels under RCW 47.36.310 and 47.36.320, the department shall contract with a private contractor for a term of ten years. The contractor selected by the department must be incorporated, and must maintain an office, in this state.

(2) The contractor, at no cost to the department, is solely responsible for marketing, administration, financial management, sign fabrication, installation, and maintenance and is subject to the provisions of this chapter otherwise applicable to the department. The contractor may set the market rate to be charged to businesses advertising on the motorist information signs.

(3) A contract entered into between the department and a contractor must require the contractor to administer, fabricate, install, and maintain community historical signs authorized for placement by the department at no cost to the department.

(4) The department must let the contract to the highest bidder and may set such contractual terms as it deems necessary to guarantee the performance of the contract. The department shall periodically monitor the performance of the contract.

(5) In letting a contract under this section the department shall maximize revenue from the contracting out of this program."

Correct the title.

Signed by Representatives Fisher, Chairman; Cooper, Vice Chairman; Mitchell, Ranking Minority Member; Anderson; Armstrong; Edwards; Ericksen; Haigh; Hankins; Hatfield; Holmquist; Jackley; Jarrett; Lovick; Mielke; Morell; Murray; Ogden; Rockefeller; Romero; Schindler; Simpson; Skinner; Sullivan; Wood and Woods.

Voting yea: Representatives Fisher, Cooper, Mitchell, Anderson, Armstrong, Edwards, Ericksen, Haigh, Hankins, Hatfield, Holmquist, Jackley, Jarrett, Lovick, Mielke, Morell, Murray, Ogden, Reardon, Rockefeller, Romero, Schindler, Simpson, Skinner, Sullivan, Wood and Woods.

February 28, 2002

2ESB 6001 Prime Sponsor, Senator Carlson: Inspecting tenant dwelling units for fire code violations. (REVISED FOR 2ND ENGROSSED: Authorizing inspections of tenant dwelling units for fire code violations.) Reported by Committee on Local Government & Housing

MAJORITY recommendation: Do pass as amended.

On page 1, line 15, after "seek" insert "a search warrant"

On page 1, line 15, after "and" insert ", upon a showing of probable cause specific to the dwelling unit sought to be searched that criminal fire code violations exist in the dwelling unit,"

On page 1, beginning on line 16, after "jurisdiction" strike ", upon a showing of probable cause specific to the dwelling unit sought to be searched that criminal fire code violations exist in the dwelling unit,"

On page 2, line 4, after "seek" insert "a search warrant"

On page 2, line 4, after "and" insert ", upon a showing of probable cause specific to the common area sought to be searched that a criminal fire code violation exists in those areas,"

On page 2, beginning on line 4, after "jurisdiction" strike ", upon a showing of probable cause specific to the common area sought to be searched that a criminal fire code violation exists in those areas,"

Signed by Representatives Dunshee, Chair; Edwards, Vice Chair; Mulliken; Berkey; Crouse; DeBolt; Dunn; Hatfield; Kirby; Mielke and Sullivan.

Voting yea: Representatives Dunshee, Edwards, Mulliken, Berkey, Crouse, DeBolt, Dunn, Hatfield, Kirby, Mielke and Sullivan.

Passed to Committee on Rules for second reading.

February 26, 2002

SSB 6037 Prime Sponsor, Senate Committee on Agriculture & International Trade: Authorizing animal care and control agencies and nonprofit humane societies to provide limited veterinarian services. Reported by Committee on Agriculture & Ecology

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 18.92 RCW to read as follows:

The legislature recognizes that low-income households may not receive needed veterinary services for household pets. It is the intent of the legislature to allow qualified animal control agencies and humane societies to provide limited veterinary services to low-income members of our communities. It is not the intent of the legislature to allow these agencies to provide veterinary services to the public at large.

NEW SECTION. Sec. 2. A new section is added to chapter 18.92 RCW to read as follows:

(1)(a) Subject to the limitations in this section, animal care and control agencies as defined in RCW 16.52.011 and nonprofit humane societies, that have qualified under section 501(c)(3) of the internal revenue code may provide limited veterinary services to animals owned by qualified low-income households. The veterinary services provided shall be limited to electronic identification, surgical sterilization, and vaccinations. A veterinarian or veterinary technician acting within his or her scope of practice must perform the limited veterinary services. For purposes of this section, "low-income household" means the same as in RCW 43.185A.010.

(b) Animal control agencies and nonprofit humane societies, receiving animals on an emergency basis, may provide emergency care, subject to a local ordinance that defines an emergency situation and establishes temporary time limits.

(c) Any local ordinance addressing the needs under this section that was approved by the voters and is in effect on the effective date of this act remains in effect.

(2) Veterinarians and veterinary technicians employed at these facilities must be licensed under this chapter. No officer, director, supervisor, or any other individual associated with an animal care or control agency or nonprofit humane society owning and operating a veterinary medical facility may impose any terms or conditions of employment or direct or attempt to direct an employed veterinarian in any way that interferes with the free exercise of the veterinarian's professional judgment or infringes upon the utilization of his or her professional skills.

(3) Veterinarians, veterinary technicians, and animal control agencies and humane societies acting under this section shall, for purposes of providing the limited veterinary services, meet the requirements established under this chapter and are subject to the rules adopted by the veterinary board of governors in the same fashion as any licensed veterinarian or veterinary medical facility in the state.

(4) The Washington state veterinary board of governors shall adopt rules to:

(a) Establish registration and registration renewal requirements;

(b) Govern the purchase and use of drugs for the limited veterinary services authorized under this section; and

(5) The limited veterinary medical service authority granted by registration under this section may be denied, suspended, revoked, or conditioned by a determination of the board of governors for any act of noncompliance with this chapter. The uniform disciplinary act, chapter 18.130 RCW, governs unregistered operation, the issuance and denial of registrations, and the discipline of registrants under this section.

(6) No animal control agency or humane society may operate under this chapter without registering with the department. An application for registration shall be made upon forms provided by the department and shall include the information the department reasonably requires, as provided by RCW 43.70.280. The department shall establish registration and renewal fees as provided by RCW 43.70.250. A registration fee shall accompany each application for registration or renewal.

NEW SECTION. Sec. 3. This act takes effect July 1, 2003."

On page 1, line 2 of the title, after "services;" strike the remainder of the title and insert "adding new sections to chapter 18.92 RCW; and providing an effective date."

Signed by Representatives Linville, Chairman; Hunt, Vice Chairman; Schoesler, Ranking Minority Member; Chandler; Delvin; Dunshee; Grant; Holmquist; Kirby; Quall; Roach and Sump.

Voting yea: Representatives Linville, Hunt, Schoesler, Chandler, Delvin, Dunshee, Grant, Holmquist, Kirby, Quall, Roach and Sump.

Excused: Representative Cooper.

Passed to Committee on Rules for second reading.

February 26, 2002

SB 6061 Prime Sponsor, Senator Patterson: Requiring quarterly meetings of municipal firemen's pension boards. Reported by Committee on Appropriations

MAJORITY recommendation: Do pass. Signed by Representatives Sommers, Chairman; Sehlin, Ranking Minority Member; Alexander; Buck; Clements; Cody; Cox; Doumit; Dunshee; Fromhold; Grant; Kagi; Kenney; Kessler; Linville; McIntire; Pearson; Pflug; Ruderman; Schual-Berke; Talcott and Tokuda.

Voting yea: Representatives Sommers, Sehlin, Alexander, Buck, Clements, Cody, Cox, Doumit, Dunshee, Fromhold, Grant, Kagi, Kenney, Kessler, Linville, McIntire, Pearson, Pflug, Ruderman, Schual-Berke, Talcott and Tokuda.

Excused: Representatives Boldt, Lisk and Mastin.

Passed to Committee on Rules for second reading.

February 28, 2002

2SSB 6080 Prime Sponsor, Senate Committee on Labor, Commerce & Financial Institutions: Updating and harmonizing fireworks and explosives laws. Reported by Committee on Commerce & Labor

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 70.74.010 and 1993 c 293 s 1 are each amended to read as follows:

As used in this chapter, unless a different meaning is plainly required by the context:

(1) The terms "authorized", "approved" or "approval" shall be held to mean authorized, approved, or approval by the department of labor and industries.

(2) The term "blasting agent" shall be held to mean and include any material or mixture consisting of a fuel and oxidizer, ((intended for blasting, not otherwise classified as an explosive, and in which none of the ingredients are classified as an explosive, provided that the finished product, as mixed and packaged for use or shipment, cannot be detonated when unconfined by means of a No. 8 test blasting cap)) that is intended for blasting and not otherwise defined as an explosive; if the finished product, as mixed for use or shipment, cannot be detonated by means of a number 8 test blasting cap when unconfined. A number 8 test blasting cap is one containing two grams of a mixture of eighty percent mercury fulminate and twenty percent potassium chlorate, or a blasting cap of equivalent strength. An equivalent strength cap comprises 0.40-0.45 grams of PETN base charge pressed in an aluminum shell with bottom thickness not to exceed 0.03 of an inch, to a specific gravity of not less than 1.4 g/cc., and primed with standard weights of primer depending on the manufacturer.

(3) The term "explosive" or "explosives" whenever used in this chapter, shall be held to mean and include any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion, that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing, that an ignition by fire, by friction, by concussion, by percussion, or by detonation of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb. In addition, the term "explosives" shall include all material which is classified as ((class A, class B, and class C)) division 1.1, 1.2, 1.3, 1.4, 1.5, or 1.6 explosives by the ((federal)) Unites States department of transportation. For the purposes of this chapter small arms ammunition, small arms ammunition primers, smokeless powder not exceeding fifty pounds, and black powder not exceeding five pounds shall not be defined as explosives, unless possessed or used for a purpose inconsistent with small arms use or other lawful purpose.

(4) Classification of explosives shall include but not be limited to the following:

(a) ((CLASS A)) DIVISION 1.1 and 1.2 EXPLOSIVES: (((Possessing)) Possess mass explosion or detonating hazard(())) and include dynamite, nitroglycerin, picric acid, lead azide, fulminate of mercury, black powder exceeding five pounds, blasting caps in quantities of 1001 or more, and detonating primers.

(b) ((CLASS B)) DIVISION 1.3 EXPLOSIVES: (((Possessing)) Possess a minor blast hazard, a minor projection hazard, or a flammable hazard(())) and include propellant explosives, including smokeless ((propellants)) powder exceeding fifty pounds.

(c) ((CLASS C)) DIVISION 1.4, 1.5, and 1.6 EXPLOSIVES: (((Including)) Include certain types of manufactured articles which contain ((class A or class B)) division 1.1, 1.2, or 1.3 explosives, or ((both)) all, as components, but in restricted quantities(())), and also include blasting caps in quantities of 1000 or less.

(5) The term "explosive-actuated power devices" shall be held to mean any tool or special mechanized device which is actuated by explosives, but not to include propellant-actuated power devices.

(6) The term "magazine", shall be held to mean and include any building or other structure, other than ((a factory)) an explosives manufacturing building, used for the storage of explosives.

(7) The term "improvised device" means a device which is fabricated with explosives or destructive, lethal, noxious, pyrotechnic, or incendiary chemicals and which is designed, or has the capacity, to disfigure, destroy, distract, or harass.

(8) The term "inhabited building", shall be held to mean and include only a building regularly occupied in whole or in part as a habitation for human beings, or any church, schoolhouse, railroad station, store, or other building where people are accustomed to assemble, other than any building or structure occupied in connection with the manufacture, transportation, storage, or use of explosives.

(9) The term "explosives manufacturing plant" shall be held to mean and include all lands, with the buildings situated thereon, used in connection with the manufacturing or processing of explosives or in which any process involving explosives is carried on, or the storage of explosives thereat, as well as any premises where explosives are used as a component part or ingredient in the manufacture of any article or device.

(10) The term "explosives manufacturing building", shall be held to mean and include any building or other structure (excepting magazines) containing explosives, in which the manufacture of explosives, or any processing involving explosives, is carried on, and any building where explosives are used as a component part or ingredient in the manufacture of any article or device.

(11) The term "railroad" shall be held to mean and include any steam, electric, or other railroad which carries passengers for hire.

(12) The term "highway" shall be held to mean and include any public street, public alley, or public road, including a privately financed, constructed, or maintained road that is regularly and openly traveled by the general public.

(13) The term "efficient artificial barricade" shall be held to mean an artificial mound or properly revetted wall of earth of a minimum thickness of not less than three feet or such other artificial barricade as approved by the department of labor and industries.

(14) The term "person" shall be held to mean and include any individual, firm, ((copartnership)) partnership, corporation, company, association, society, joint stock company, joint stock association, and including any trustee, receiver, assignee, or personal representative thereof.

(15) The term "dealer" shall be held to mean and include any person who purchases explosives or blasting agents for the sole purpose of resale, and not for use or consumption.

(16) The term "forbidden or not acceptable explosives" shall be held to mean and include explosives which are forbidden or not acceptable for transportation by common carriers by rail freight, rail express, highway, or water in accordance with the regulations of the federal department of transportation.

(17) The term "handloader" shall be held to mean and include any person who engages in the noncommercial assembling of small arms ammunition for his own use, specifically the operation of installing new primers, powder, and projectiles into cartridge cases.

(18) The term "handloader components" means small arms ammunition, small arms ammunition primers, smokeless powder not exceeding fifty pounds, and black powder as used in muzzle loading firearms not exceeding five pounds.

(19) The term "fuel" shall be held to mean and include a substance which may react with the oxygen in the air or with the oxygen yielded by an oxidizer to produce combustion.

(20) The term "motor vehicle" shall be held to mean and include any self-propelled automobile, truck, tractor, semi-trailer or full trailer, or other conveyance used for the transportation of freight.

(21) The term "natural barricade" shall be held to mean and include any natural hill, mound, wall, or barrier composed of earth or rock or other solid material of a minimum thickness of not less than three feet.

(22) The term "oxidizer" shall be held to mean a substance that yields oxygen readily to stimulate the combustion of organic matter or other fuel.

(23) The term "propellant-actuated power device" shall be held to mean and include any tool or special mechanized device or gas generator system which is actuated by a propellant or which releases and directs work through a propellant charge.

(24) The term "public conveyance" shall be held to mean and include any railroad car, streetcar, ferry, cab, bus, airplane, or other vehicle which is carrying passengers for hire.

(25) The term "public utility transmission system" shall mean power transmission lines over 10 KV, telephone cables, or microwave transmission systems, or buried or exposed pipelines carrying water, natural gas, petroleum, or crude oil, or refined products and chemicals, whose services are regulated by the utilities and transportation commission, municipal, or other publicly owned systems.

(26) The term "purchaser" shall be held to mean any person who buys, accepts, or receives any explosives or blasting agents.

(27) The term "pyrotechnic" shall be held to mean and include any combustible or explosive compositions or manufactured articles designed and prepared for the purpose of producing audible or visible effects which are commonly referred to as fireworks as defined in chapter 70.77 RCW.

(28) The term "small arms ammunition" shall be held to mean and include any shotgun, rifle, pistol, or revolver cartridge, and cartridges for propellant-actuated power devices and industrial guns. Military-type ammunition containing explosive bursting charges, incendiary, tracer, spotting, or pyrotechnic projectiles is excluded from this definition.

(29) The term "small arms ammunition primers" shall be held to mean small percussion-sensitive explosive charges encased in a cup, used to ignite propellant powder and shall include percussion caps as used in muzzle loaders.

(30) The term "smokeless ((propellants)) powder" shall be held to mean and include solid chemicals or solid chemical mixtures in excess of fifty pounds which function by rapid combustion.

(31) The term "user" shall be held to mean and include any natural person, manufacturer, or blaster who acquires, purchases, or uses explosives as an ultimate consumer or who supervises such use.

Words used in the singular number shall include the plural, and the plural the singular.

Sec. 2. RCW 70.74.191 and 1998 c 40 s 1 are each amended to read as follows:

The laws contained in this chapter and regulations prescribed by the department of labor and industries pursuant to this chapter shall not apply to:

(1) Explosives or blasting agents in the course of transportation by way of railroad, water, highway, or air under the jurisdiction of, and in conformity with, regulations adopted by the federal department of transportation, the Washington state utilities and transportation commission, and the Washington state patrol;

(2) The laboratories of schools, colleges, and similar institutions if confined to the purpose of instruction or research and if not exceeding the quantity of one pound;

(3) Explosives in the forms prescribed by the official United States Pharmacopoeia;

(4) The transportation, storage, and use of explosives or blasting agents in the normal and emergency operations of ((federal)) United States agencies and departments including the regular United States military departments on military reservations((,)); arsenals, navy yards, depots, or other establishments owned by, operated by, or on behalf of, the United States; or the duly authorized militia of any state ((or territory,)); or to emergency operations of any state department or agency, any police, or any municipality or county;

(5) A hazardous devices technician when carrying out normal and emergency operations, handling evidence, and operating and maintaining a specially designed emergency response vehicle that carries no more than ten pounds of explosive material or when conducting training and whose employer possesses the minimum safety equipment prescribed by the federal bureau of investigation for hazardous devices work. For purposes of this section, a hazardous devices technician is a person who is a graduate of the federal bureau of investigation hazardous devices school and who is employed by a state, county, or municipality;

(6) The importation, sale, possession, and use of fireworks as defined in chapter 70.77 RCW, signaling devices, flares, fuses, and torpedoes;

(7) The transportation, storage, and use of explosives or blasting agents in the normal and emergency avalanche control procedures as conducted by trained and licensed ski area operator personnel. However, the storage, transportation, and use of explosives and blasting agents for such use shall meet the requirements of regulations adopted by the director of labor and industries; ((and))

(8) The storage of consumer fireworks as defined in chapter 70.77 RCW pursuant to a forfeiture or seizure under chapter 70.77 RCW by the chief of the Washington state patrol, through the director of fire protection, or his or her deputy, or by state agencies or local governments having general law enforcement authority; and

(9) Any violation under this chapter if any existing ordinance of any city, municipality, or county is more stringent than this chapter.

Sec. 3. RCW 70.74.400 and 1993 c 293 s 8 are each amended to read as follows:

(1) Explosives, improvised devices, and components of explosives and improvised devices that are possessed, manufactured, delivered, imported, exported, stored, sold, purchased, transported, abandoned, detonated, or used, or intended to be used, in violation of a provision of this chapter are subject to seizure and forfeiture by a law enforcement agency and no property right exists in them.

(2) The law enforcement agency making the seizure shall notify the Washington state department of labor and industries of the seizure.

(3) Seizure of explosives, improvised devices, and components of explosives and improvised devices under subsection (1) of this section may be made if:

(a) The seizure is incident to arrest or a search under a search warrant;

(b) The explosives, improvised devices, or components have been the subject of a prior judgment in favor of the state in an injunction or forfeiture proceeding based upon this chapter;

(c) A law enforcement officer has probable cause to believe that the explosives, improvised devices, or components are directly or indirectly dangerous to health or safety; or

(d) The law enforcement officer has probable cause to believe that the explosives, improvised devices, or components were used or were intended to be used in violation of this chapter.

(((3))) (4) A law enforcement agency shall destroy explosives seized under this chapter when it is necessary to protect the public safety and welfare. When destruction is not necessary to protect the public safety and welfare, and the explosives are not being held for evidence, a seizure pursuant to this section commences proceedings for forfeiture.

(((4))) (5) The law enforcement agency under whose authority the seizure was made shall issue a written notice of the seizure and commencement of the forfeiture proceedings to the person from whom the explosives were seized, to any known owner of the explosives, and to any person who has a known interest in the explosives. The notice shall be issued within fifteen days of the seizure. The notice of seizure and commencement of the forfeiture proceedings shall be served in the same manner as provided in RCW 4.28.080 for service of a summons. The law enforcement agency shall provide a form by which the person or persons may request a hearing before the law enforcement agency to contest the seizure.

(((5))) (6) If no person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of the explosives, improvised devices, or components within thirty days of the date the notice was issued, the seized explosives, devices, or components shall be deemed forfeited.

(((6))) (7) If, within thirty days of the issuance of the notice, any person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of items seized, the person or persons shall be afforded a reasonable opportunity to be heard as to the claim or right. The hearing shall be before the chief law enforcement or the officer's designee of the seizing agency, except that the person asserting the claim or right may remove the matter to a court of competent jurisdiction if the aggregate value of the items seized is more than five hundred dollars. The hearing and any appeal shall be conducted according to chapter 34.05 RCW. The seizing law enforcement agency shall bear the burden of proving that the person (a) has no lawful right of ownership or possession and (b) that the items seized were possessed, manufactured, stored, sold, purchased, transported, abandoned, detonated, or used in violation of a provision of this chapter with the person's knowledge or consent.

(((7))) (8) The seizing law enforcement agency shall promptly return the items seized to the claimant upon a determination that the claimant is entitled to possession of the items seized.

(((8))) (9) If the items seized are forfeited under this statute, the seizing agency shall ((destroy)) dispose of the explosives by summary destruction. However, when explosives are destroyed either to protect public safety or because the explosives were forfeited, the person from whom the explosives were seized loses all rights of action against the law enforcement agency or its employees acting within the scope of their employment, or other governmental entity or employee involved with the seizure and destruction of explosives.

(((9))) (10) This section is not intended to change the seizure and forfeiture powers, enforcement, and penalties available to the department of labor and industries pursuant to chapter 49.17 RCW as provided in RCW 70.74.390.

Sec. 4. RCW 70.77.126 and 1995 c 61 s 3 are each amended to read as follows:

"Fireworks" means any composition or device((, in a finished state, containing any combustible or explosive substance for the purpose of producing)) designed to produce a visible or audible effect by combustion((, explosion)), deflagration, or detonation, and ((classified as common)) which meets the definition of articles pyrotechnic or consumer fireworks or ((special)) display fireworks ((by the United States bureau of explosives or contained in the regulations of the United States department of transportation and designated as U.N. 0335 1.3G or U.N. 0336 1.4G as of April 17, 1995)).

Sec. 5. RCW 70.77.131 and 1995 c 61 s 4 are each amended to read as follows:

"((Special)) Display fireworks" means ((any fireworks designed primarily for exhibition display by producing visible or audible effects and classified as such by the United States bureau of explosives or in the regulations of the United States department of transportation and designated as U.N. 0335 1.3G as of April 17, 1995)) large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than 2 grains (130 mg) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States department of transportation at 49 C.F.R. Sec. 172.101 as of the effective date of this section, and including fused setpieces containing components which exceed 50 mg of salute powder.

Sec. 6. RCW 70.77.136 and 1995 c 61 s 5 are each amended to read as follows:

"((Common)) Consumer fireworks" means ((any fireworks which are designed primarily for retail sale to the public during prescribed dates and which produce visual or audible effects through combustion and are classified as common fireworks by the United States bureau of explosives or in the regulations of the United States department of transportation and designated as U.N. 0336 1.4G as of April 17, 1995)) any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States consumer product safety commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 mg or less of explosive materials, and aerial devices containing 130 mg or less of explosive materials and classified as fireworks UN0336 by the United States department of transportation at 49 C.F.R. Sec. 172.101 as of the effective date of this section, and not including fused setpieces containing components which together exceed 50 mg of salute powder.

NEW SECTION. Sec. 7. A new section is added to chapter 70.77 RCW to read as follows:

"Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United States department of transportation at 49 C.F.R. Sec. 172.101 as of the effective date of this section.

Sec. 8. RCW 70.77.141 and 1982 c 230 s 4 are each amended to read as follows:

"Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States department of the interior or an equivalent state or local governmental agency.

Sec. 9. RCW 70.77.160 and 1997 c 182 s 1 are each amended to read as follows:

"Public display of fireworks" means an entertainment feature where the public is or could be admitted or allowed to view the display or discharge of ((special)) display fireworks.

Sec. 10. RCW 70.77.170 and 1995 c 369 s 44 are each amended to read as follows:

"License" means a nontransferable formal authorization which the chief of the Washington state patrol ((and)), through the director of fire protection ((are permitted)), is authorized to issue under this chapter to allow a person to engage in the act specifically designated therein.

Sec. 11. RCW 70.77.175 and 1961 c 228 s 12 are each amended to read as follows:

"Licensee" means any person ((holding)) issued a fireworks license in conformance with this chapter.

Sec. 12. RCW 70.77.180 and 1995 c 61 s 9 are each amended to read as follows:

"Permit" means the official ((permission)) authorization granted by a ((local public agency)) city or county for the purpose of establishing and maintaining a place within the jurisdiction of the ((local agency)) city or county where fireworks are manufactured, constructed, produced, packaged, stored, sold, or exchanged and the official ((permission)) authorization granted by a ((local agency)) city or county for a public display of fireworks.

NEW SECTION. Sec. 13. A new section is added to chapter 70.77 RCW to read as follows:

"Permittee" means any person issued a fireworks permit in conformance with this chapter.

Sec. 14. RCW 70.77.205 and 1995 c 61 s 11 are each amended to read as follows:

"Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble ((common)) consumer fireworks items or sets or packages containing ((common)) consumer fireworks items.

Sec. 15. RCW 70.77.210 and 1982 c 230 s 9 are each amended to read as follows:

"Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells ((special)) display fireworks to public display licensees.

Sec. 16. RCW 70.77.215 and 1982 c 230 s 10 are each amended to read as follows:

"Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells((, transfers, or gives common)), or exchanges for consideration consumer fireworks to a consumer or user.

Sec. 17. RCW 70.77.230 and 1982 c 230 s 11 are each amended to read as follows:

"Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging ((public displays of special)) display fireworks.

Sec. 18. RCW 70.77.236 and 1997 c 182 s 4 are each amended to read as follows:

(1) "New fireworks item" means any fireworks initially classified or reclassified as ((special or common)) articles pyrotechnic, display fireworks, or consumer fireworks by ((the United States bureau of explosives or in the regulations of)) the United States department of transportation after ((April 17, 1995)) the effective date of this section, and which comply with the construction, chemical composition, and labeling regulations of the United States consumer products safety commission, 16 C.F.R., Parts 1500 and 1507.

(2) The chief of the Washington state patrol, through the director of fire protection, shall classify any new fireworks item in the same manner as the item is classified by ((the United States bureau of explosives or in the regulations of)) the United States department of transportation((, unless)) and the United States consumer product safety commission. The chief of the Washington state patrol, through the director of fire protection, may determine((s)), stating reasonable grounds, that the item should not be so classified.

Sec. 19. RCW 70.77.250 and 1997 c 182 s 5 are each amended to read as follows:

(1) The chief of the Washington state patrol, through the director of fire protection, shall enforce and administer this chapter.

(2) The chief of the Washington state patrol, through the director of fire protection, shall appoint such deputies and employees as may be necessary and required to carry out the provisions of this chapter.

(3) The chief of the Washington state patrol, through the director of fire protection, shall adopt those rules relating to fireworks as are necessary for the implementation of this chapter.

(4) The chief of the Washington state patrol, through the director of fire protection, shall adopt those rules as are necessary to ensure statewide minimum standards for the enforcement of this chapter. Counties((,)) and cities((, and towns)) shall comply with these state rules. Any ((local rules)) ordinances adopted by ((local authorities)) a county or city that are more restrictive than state law shall have an effective date no sooner than one year after their adoption.

(5) The chief of the Washington state patrol, through the director of fire protection, may exercise the necessary police powers to enforce the criminal provisions of this chapter. This grant of police powers does not prevent any other state agency and city, county, or local government agency having general law enforcement powers from enforcing this chapter within the jurisdiction of the agency and city, county, or local government.

(6) The chief of the Washington state patrol, through the director of fire protection, shall adopt rules necessary to enforce the civil penalty provisions for the violations of this chapter. A civil penalty under this subsection may not exceed one thousand dollars per day for each violation and is subject to the procedural requirements under section 20 of this act.

(7) The chief of the Washington state patrol, through the director of fire protection, may investigate or cause to be investigated all fires resulting, or suspected of resulting, from the use of fireworks.

NEW SECTION. Sec. 20. A new section is added to chapter 70.77 RCW to read as follows:

(1) The penalty provided for in RCW 70.77.250(6) shall be imposed by a notice in writing to the person against whom the civil fine is assessed and shall describe the violation with reasonable particularity. The notice shall be personally served in the manner of service of a summons in a civil action or in a manner which shows proof of receipt. Any penalty imposed by RCW 70.77.250(6) shall become due and payable twenty-eight days after receipt of notice unless application for remission or mitigation is made as provided in subsection (2) of this section or unless application for an adjudicative proceeding is filed as provided in subsection (3) of this section.

(2) Within fourteen days after the notice is received, the person incurring the penalty may apply in writing to the chief of the Washington state patrol, through the director of fire protection, for the remission or mitigation of the penalty. Upon receipt of the application, the chief of the Washington state patrol, through the director of fire protection, may remit or mitigate the penalty upon whatever terms the chief of the Washington state patrol, through the director of fire protection, deems proper, giving consideration to the degree of hazard associated with the violation. The chief of the Washington state patrol, through the director of fire protection, may only grant a remission or mitigation that it deems to be in the best interests of carrying out the purposes of this chapter. The chief of the Washington state patrol, through the director of fire protection, may ascertain the facts regarding all such applications in a manner it deems proper. When an application for remission or mitigation is made, any penalty incurred under RCW 70.77.250(6) becomes due and payable twenty-eight days after receipt of the notice setting forth the disposition of the application, unless an application for an adjudicative proceeding to contest the disposition 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 chief of the Washington state patrol, through the director of fire protection.

(4) Any penalty imposed by final order following an adjudicative proceeding becomes due and payable upon service of the final order.

(5) The attorney general may bring an action in the name of the chief of the Washington state patrol, through the director of fire protection, in the superior court of Thurston county or of any county in which the violator may do business to collect any penalty imposed under this chapter.

(6) All penalties imposed under this section shall be paid to the state treasury and credited to the fire services trust fund and used as follows: At least fifty percent is for a statewide public education campaign developed by the chief of the Washington state patrol, through the director of fire protection, and the licensed fireworks industry emphasizing the safe and responsible use of legal fireworks; and the remainder is for statewide efforts to enforce this chapter.

Sec. 21. RCW 70.77.255 and 1997 c 182 s 6 are each amended to read as follows:

(1) Except as otherwise provided in this chapter, no person, without appropriate state licenses and city or county permits as required by this chapter may:

(a) Manufacture, import, possess, or sell any fireworks at wholesale or retail for any use;

(b) Make a public display of fireworks;

(d) Knowingly manufacture, import, transport, store, sell, or possess with intent to sell, as fireworks, explosives, as defined under RCW 70.74.010, that are not fireworks, as defined under this chapter.

(2) Except as authorized by a license and permit under subsection (1)(b) of this section or as provided in RCW 70.77.311, no person may discharge ((special)) display fireworks at any place.

(3) No person less than eighteen years of age may apply for or receive a license or permit under this chapter.

(4) No license or permit is required for the possession or use of ((common)) consumer fireworks lawfully purchased at retail.

Sec. 22. RCW 70.77.270 and 1997 c 182 s 8 are each amended to read as follows:

(1) The governing body of a city or county, or a designee, shall grant an application for a permit under RCW 70.77.260(1) if the application meets the standards under this chapter, and the applicable ordinances of the city or county. The permit shall be granted by June 10, or no less than thirty days after receipt of an application whichever date occurs first, for sales commencing on June 28 and on December 27; or by December 10, or no less than thirty days after receipt of an application whichever date occurs first, for sales commencing only on December 27.

(2) The chief of the Washington state patrol, through the director of fire protection, shall prescribe uniform, statewide standards for retail fireworks stands including, but not limited to, the location of the stands, setback requirements and siting of the stands, types of buildings and construction material that may be used for the stands, use of the stands and areas around the stands, cleanup of the area around the stands, transportation of fireworks to and from the stands, and temporary storage of fireworks associated with the retail fireworks stands. All cities and counties which allow retail fireworks sales shall comply with these standards.

(3) No retail fireworks permit may be issued to any applicant unless the retail fireworks stand is covered by a liability insurance policy with coverage of not less than fifty thousand dollars and five hundred thousand dollars for bodily injury liability for each person and occurrence, respectively, and not less than fifty thousand dollars for property damage liability for each occurrence, unless such insurance is not readily available from at least three approved insurance companies. If insurance in this amount is not offered, each fireworks permit shall be covered by a liability insurance policy in the maximum amount offered by at least three different approved insurance companies.

No wholesaler may knowingly sell or supply fireworks to any retail fireworks ((stand)) licensee unless the wholesaler determines that the retail fireworks ((stand)) licensee is covered by liability insurance in the same, or greater, amount as provided in this subsection.

Sec. 23. RCW 70.77.305 and 1995 c 369 s 46 are each amended to read as follows:

The chief of the Washington state patrol, through the director of fire protection, has the power to issue licenses for the manufacture, importation, sale, and use of all fireworks in this state, except as provided in RCW 70.77.311 and 70.77.395. A person may be licensed as a manufacturer, importer, or wholesaler under this chapter only if the person has a designated agent in this state who is registered with the chief of the Washington state patrol, through the director of fire protection.

Sec. 24. RCW 70.77.311 and 1995 c 61 s 17 are each amended to read as follows:

(1) No license is required for the purchase of agricultural and wildlife fireworks by government agencies if:

(a) The agricultural and wildlife fireworks are used for wildlife control or are distributed to farmers, ranchers, or growers through a wildlife management program administered by the United States department of the interior or an equivalent state or local governmental agency;

(b) The distribution is in response to a written application describing the wildlife management problem that requires use of the devices;

(d) It is limited to situations where other means of control are unavailable or inadequate.

(2) No license is required for religious organizations or private organizations or persons to purchase or use ((common)) consumer fireworks and such audible ground devices as firecrackers, salutes, and chasers if:

(a) Purchased from a licensed manufacturer, importer, or wholesaler;

(b) For use on prescribed dates and locations;

(d) A permit is obtained from the local fire official. No fee may be charged for this permit.

Sec. 25. RCW 70.77.315 and 1997 c 182 s 10 are each amended to read as follows:

Any person who desires to engage in the manufacture, importation, sale, or use of fireworks, except use as provided in RCW 70.77.255(4) ((and)), 70.77.311, and 70.77.395, shall make a written application to the chief of the Washington state patrol, through the director of fire protection, on forms provided by him or her. Such application shall be accompanied by the annual license fee as prescribed in this chapter.

Sec. 26. RCW 70.77.330 and 1995 c 369 s 48 are each amended to read as follows:

If the chief of the Washington state patrol, through the director of fire protection, finds that the granting of such license ((would)) is not ((be)) contrary to public safety or welfare, he or she shall issue a license authorizing the applicant to engage in the particular act or acts upon the payment of the license fee specified in this chapter. Licensees may transport the class of fireworks for which they hold a valid license.

Sec. 27. RCW 70.77.335 and 1982 c 230 s 23 are each amended to read as follows:

The authorization to engage in the particular act or acts conferred by a license to a person shall extend to ((salesmen)) sellers, authorized representatives, and other employees of such person.

Sec. 28. RCW 70.77.340 and 1982 c 230 s 24 are each amended to read as follows:

The original and annual license fee shall be as follows:

Manufacturer. . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$ 500.00

Importer. . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 100.00

Wholesaler. . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 1,000.00

Retailer (for each separate retail outlet). . . . . . . . 10.00

Public display for ((special)) display

fireworks. . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 10.00

Pyrotechnic operator for ((special)) display

fireworks. . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 5.00

Sec. 29. RCW 70.77.343 and 1997 c 182 s 12 are each amended to read as follows:

(1) License fees, in addition to the fees in RCW 70.77.340, shall be charged as follows:

Manufacturer. . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$ 1,500.00

Importer. . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 900.00

Wholesaler. . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 1,000.00

Retailer (for each separate outlet). . . . . .. . . . . . .. . . . . . .. . . . . . .30.00

Public display for ((special)) display

fireworks. . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 40.00

Pyrotechnic operator for ((special)) display

fireworks. . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 5.00

(2) All receipts from the license fees in this section shall be placed in the fire services trust fund and at least seventy-five percent of these receipts shall be used to fund a statewide public education campaign developed by the chief of the Washington state patrol and the licensed fireworks industry emphasizing the safe and responsible use of legal fireworks and the remaining receipts shall be used to fund statewide enforcement efforts against the sale and use of fireworks that are illegal under this chapter.

Sec. 30. RCW 70.77.381 and 1995 c 61 s 27 are each amended to read as follows:

(1) Every wholesaler shall carry liability insurance for each wholesale and retail fireworks outlet it operates in the amount of not less than fifty thousand dollars and five hundred thousand dollars for bodily injury liability for each person and occurrence, respectively, and not less than fifty thousand dollars for property damage liability for each occurrence, unless such insurance is not available from at least three approved insurance companies. If insurance in this amount is not offered, each wholesale and retail outlet shall be covered by a liability insurance policy in the maximum amount offered by at least three different approved insurance companies.

(2) No wholesaler may knowingly sell or supply fireworks to any retail ((outlet)) licensee unless the wholesaler determines that the retail ((outlet)) licensee carries liability insurance in the same, or greater, amount as provided in subsection (1) of this section.

Sec. 31. RCW 70.77.395 and 1995 c 61 s 22 are each amended to read as follows:

(1) It is legal to sell((,)) and purchase((, use, and discharge common)) consumer fireworks within this state from twelve o'clock noon to eleven o'clock p.m. on the twenty-eighth of June, from nine o'clock a.m. to eleven o'clock p.m. on each day from the twenty-ninth of June through the fourth of July, from nine o'clock a.m. to ((twelve)) nine o'clock ((noon)) p.m. on the ((sixth)) fifth of July ((of each year)), from twelve o'clock noon to eleven o'clock p.m. on each day from the twenty-seventh of December through the thirty-first of December of each year, and as provided in RCW 70.77.311. ((However, no common))

(2) Consumer fireworks may be ((sold)) used or discharged each day between the hours of twelve o'clock noon and eleven o'clock p.m. ((and nine o'clock a.m.)) on the twenty-eighth of June and between the hours of nine o'clock a.m. and eleven o'clock p.m. on the twenty-ninth of June to the third of July, ((except)) and on July 4th ((from)) between the hours of nine o'clock a.m. ((through)) and twelve o'clock midnight, and between the hours of nine o'clock a.m. and eleven o'clock p.m. on July 5th, and ((except)) from six o'clock p.m. on December 31st until one o'clock a.m. on January 1st of the subsequent year((: PROVIDED, That a city or county may prohibit the sale or discharge of common fireworks on December 31, 1995, by enacting an ordinance prohibiting such sale or discharge within sixty days of April 17, 1995)), and as provided in RCW 70.77.311.

(3) A city or county may enact an ordinance within sixty days of the effective date of this act to limit or prohibit the sale, purchase, possession, or use of consumer fireworks on December 27, 2002, through December 31, 2002, and thereafter as provided in RCW 70.77.250(4).

Sec. 32. RCW 70.77.401 and 1995 c 61 s 7 are each amended to read as follows:

No fireworks may be sold or offered for sale to the public as ((common)) consumer fireworks which are classified as sky rockets, or missile-type rockets, firecrackers, salutes, or chasers as defined by the United States department of transportation and the federal consumer products safety commission except as provided in RCW 70.77.311.

Sec. 33. RCW 70.77.405 and 1982 c 230 s 32 are each amended to read as follows:

Toy paper caps containing not more than twenty-five hundredths grain of explosive compound for each cap and trick or novelty devices not classified as ((common)) consumer fireworks may be sold at all times unless prohibited by local ordinance.

NEW SECTION. Sec. 34. A new section is added to chapter 70.77 RCW to read as follows:

(1) "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under RCW 70.77.420(2) and 70.77.425 and which shall be in compliance with the requirements of chapter 70.74 RCW.

(2) "Temporary storage" means the storage of consumer fireworks during the periods allowed under RCW 70.77.420(2) and 70.77.425.

Sec. 35. RCW 70.77.420 and 1997 c 182 s 18 are each amended to read as follows:

(1) It is unlawful for any person to store permanently fireworks of any class without a permit for such permanent storage from the city or county in which the storage is to be made. A person proposing to store permanently fireworks shall apply in writing to a city or county at least ten days prior to the date of the proposed permanent storage. The city or county receiving the application for a permanent storage permit shall investigate whether the character and location of the permanent storage as proposed ((would)) meets the requirements of the zoning, building, and fire codes or constitutes a hazard to property or ((be)) is dangerous to any person. Based on the investigation, the city or county may grant or deny the application. The city or county may place reasonable conditions on any permit granted.

(2) For the purposes of this section the temporary storing or keeping of ((common)) consumer fireworks when in conjunction with a valid retail sales license and permit shall comply with RCW 70.77.425 and the standards adopted under RCW 70.77.270(2) and not this section.

Sec. 36. RCW 70.77.425 and 1984 c 249 s 27 are each amended to read as follows:

It is unlawful for any person to store ((unsold)) permanently stocks of fireworks remaining unsold after the lawful period of sale as provided in the person's permit except in such places of permanent storage as the ((local fire official)) city or county issuing the permit approves. Unsold stocks of ((common)) consumer fireworks remaining after the authorized retail sales period from ((twelve)) nine o'clock ((noon)) a.m. on June 28th to twelve o'clock noon on July ((6th)) 5th shall be returned on or before July 31st of the same year, or remaining after the authorized retail sales period from twelve o'clock noon on December 27th to eleven o'clock p.m. on December 31st shall be returned on or before January 10th of the subsequent year, to the approved permanent storage facilities of a licensed fireworks wholesaler((,)) or to a magazine or permanent storage place approved by a local fire official.

Sec. 37. RCW 70.77.435 and 1997 c 182 s 20 are each amended to read as follows:

Any fireworks which are illegally sold, offered for sale, used, discharged, possessed, or transported in violation of the provisions of this chapter or the rules or regulations of the chief of the Washington state patrol, through the director of fire protection, ((shall be)) are subject to seizure by the chief of the Washington state patrol, through the director of fire protection, or his or her deputy, or by state agencies or local governments having general law enforcement authority. ((Any fireworks seized by legal process anywhere in the state may be disposed of by the chief of the Washington state patrol, through the director of fire protection, or the agency conducting the seizure, by summary destruction at any time subsequent to thirty days from such seizure or ten days from the final termination of proceedings under the provisions of RCW 70.77.440, whichever is later.))

Sec. 38. RCW 70.77.440 and 1997 c 182 s 21 are each amended to read as follows:

(1) In the event of seizure under RCW 70.77.435, proceedings for forfeiture shall be deemed commenced by the seizure. The chief of the Washington state patrol or a designee, through the director of fire protection or the agency conducting the seizure, under whose authority the seizure was made shall cause notice to be served within fifteen days following the seizure on the owner of the fireworks seized and the person in charge thereof and any person having any known right or interest therein, of the seizure and intended forfeiture of the seized property. The notice may be served by any method authorized by law or court rule including but not limited to service by certified mail with return receipt requested. Service by mail shall be deemed complete upon mailing within the fifteen-day period following the seizure.

(2) If no person notifies the chief of the Washington state patrol, through the director of fire protection or the agency conducting the seizure, in writing of the person's claim of lawful ownership or right to lawful possession of seized fireworks within thirty days of the seizure, the seized fireworks shall be deemed forfeited.

(3) If any person notifies the chief of the Washington state patrol, through the director of fire protection or the agency conducting the seizure, in writing of the person's claim of lawful ownership or possession of the fireworks within thirty days of the seizure, the person or persons shall be afforded a reasonable opportunity to be heard as to the claim or right. The hearing shall be before an administrative law judge appointed under chapter 34.12 RCW, except that any person asserting a claim or right may remove the matter to a court of competent jurisdiction if the aggregate value of the seized fireworks is more than five hundred dollars. The hearing before an administrative law judge and any appeal therefrom shall be under Title 34 RCW. In a court hearing between two or more claimants to the article or articles involved, the prevailing party shall be entitled to a judgment for costs and reasonable attorneys' fees. The burden of producing evidence shall be upon the person claiming to have the lawful right to possession of the seized fireworks. The chief of the Washington state patrol, through the director of fire protection or the agency conducting the seizure, shall promptly return the fireworks to the claimant upon a determination by the administrative law judge or court that the claimant is lawfully entitled to possession of the fireworks.

(4) When fireworks are forfeited under this chapter the chief of the Washington state patrol, through the director of fire protection or the agency conducting the seizure, may:

(a) Dispose of the fireworks by summary destruction at any time subsequent to thirty days from such seizure or ten days from the final termination of proceedings under this section, whichever is later; or

(b) Sell the forfeited fireworks and chemicals used to make fireworks, that are legal for use and possession under this chapter, to wholesalers or manufacturers, authorized to possess and use such fireworks or chemicals under a license issued by the chief of the Washington state patrol, through the director of fire protection. Sale shall be by public auction after publishing a notice of the date, place, and time of the auction in a newspaper of general circulation in the county in which the auction is to be held, at least three days before the date of the auction. The proceeds of the sale of the seized fireworks under this section may be retained by the agency conducting the seizure and used to offset the costs of seizure and/or storage costs of the seized fireworks. The remaining proceeds, if any, shall be deposited in the fire services trust fund and shall be used ((for the same purposes and in the same percentages as specified in RCW 70.77.343)) as follows: At least fifty percent is for a statewide public education campaign developed by the chief of the Washington state patrol, through the director of fire protection, and the licensed fireworks industry emphasizing the safe and responsible use of legal fireworks; and the remainder is for statewide efforts to enforce this chapter.

Sec. 39. RCW 70.77.495 and 1988 c 128 s 11 are each amended to read as follows:

((Nothing in this chapter shall be construed as permitting)) It is unlawful for any person to set off fireworks of any kind in forest, fallows, grass or brush covered land, either on his own land or the property of another, between April 15th and December 1st of any year, unless it is done under a written permit from the Washington state department of natural resources or its duly authorized agent, and in strict accordance with the terms of the permit and any other applicable law.

Sec. 40. RCW 70.77.510 and 1984 c 249 s 31 are each amended to read as follows:

It is unlawful for any person knowingly to sell, transfer, or agree to sell or transfer any ((special)) display fireworks to any person who is not a fireworks licensee as provided for by this chapter. A violation of this section is a gross misdemeanor.

Sec. 41. RCW 70.77.515 and 1984 c 249 s 32 are each amended to read as follows:

(1) It is unlawful for any person to offer for sale, sell ((or transfer)), or exchange for consideration, any ((common)) consumer fireworks to a consumer or user other than at a fixed place of business of a retailer for which a license and permit have been issued.

(2) No licensee may sell any fireworks to any person under the age of sixteen.

(3) A violation of this section is a gross misdemeanor.

Sec. 42. RCW 70.77.517 and 1984 c 249 s 34 are each amended to read as follows:

It is unlawful for any person, except in the course of continuous interstate transportation through any state, to transport fireworks from this state into any other state, or deliver them for transportation into any other state, or attempt so to do, knowing that such fireworks are to be delivered, possessed, stored, transshipped, distributed, sold, or otherwise dealt with in a manner or for a use prohibited by the laws of such other state specifically prohibiting or regulating the use of fireworks. A violation of this section is a gross misdemeanor.

This section does not apply to a common or contract carrier or to international or domestic water carriers engaged in interstate commerce or to the transportation of fireworks into a state for the use of ((federal)) United States agencies in the carrying out or the furtherance of their operations.

In the enforcement of this section, the definitions of fireworks contained in the laws of the respective states shall be applied.

As used in this section, the term "state" includes the several states, territories, and possessions of the United States, and the District of Columbia.

Sec. 43. RCW 70.77.520 and 1984 c 249 s 33 are each amended to read as follows:

It is unlawful for any person to allow any ((rubbish)) combustibles to accumulate in any premises in which fireworks are stored or sold or to permit a fire nuisance to exist in such a premises. A violation of this section is a misdemeanor.

Sec. 44. RCW 70.77.535 and 1994 c 133 s 14 are each amended to read as follows:

((This chapter does not prohibit)) The assembling, compounding, use, and display of articles pyrotechnic or special effects ((by any person engaged)) in the production of motion pictures, radio or television productions, or live entertainment ((when such use and display is an integral part of the production and such person)) shall be under the direction and control of a pyrotechnic operator licensed by the state of Washington and who possesses a valid permit from the ((local fire official)) city or county.

Sec. 45. RCW 70.77.555 and 1995 c 61 s 26 are each amended to read as follows:

(1) A ((local public agency)) city or county may provide by ordinance for a fee in an amount sufficient to cover all legitimate costs for all needed permits ((and local)), licenses, and authorizations from application to and through processing, issuance, and inspection, but in no case to exceed a total of one hundred dollars for any one ((year)) retail sales permit for any one selling season in a year, whether June 28th through July 5th or December 27th through December 31st, or a total of two hundred dollars for both selling seasons.

(2) A city or county may provide by ordinance for a fee in an amount sufficient to cover all legitimate costs for all display permits, licenses, and authorizations from application to and through processing, issuance, and inspection, not to exceed actual costs and in no case more than a total of five thousand dollars for any one display permit.

Sec. 46. RCW 70.77.575 and 1995 c 369 s 57 are each amended to read as follows:

(1) The chief of the Washington state patrol, through the director of fire protection, shall adopt by rule a list of the consumer fireworks that may be sold to the public in this state pursuant to this chapter. The chief of the Washington state patrol, through the director of fire protection, shall file the list by October 1st of each year with the code reviser for publication, unless the previously published list has remained current.

(2) The chief of the Washington state patrol, through the director of fire protection, shall provide the list adopted under subsection (1) of this section by November 1st of each year to all manufacturers, wholesalers, and importers licensed under this chapter, unless the previously distributed list has remained current.

Sec. 47. RCW 70.77.580 and 1995 c 369 s 58 are each amended to read as follows:

Retailers required to be licensed under this chapter shall post prominently at each retail ((outlet)) location a list of the consumer fireworks that may be sold to the public in this state pursuant to this chapter. The posted list shall be in a form approved by the chief of the Washington state patrol, through the director of fire protection. The chief of the Washington state patrol, through the director of fire protection, shall make the list available ((the list)).

NEW SECTION. Sec. 48. A new section is added to chapter 70.77 RCW to read as follows:

Civil proceedings to enforce this chapter may be brought in the superior court of Thurston county or the county in which the violation occurred by the attorney general or the attorney of the city or county in which the violation occurred on his or her own motion or at the request of the chief of the Washington state patrol, through the director of fire protection.

NEW SECTION. Sec. 49. A new section is added to chapter 70.77 RCW to read as follows:

In addition to criminal penalties, a person who violates this chapter is also liable for a civil penalty and for the costs incurred with enforcing this chapter and bringing the civil action, including court costs and reasonable investigative and attorneys' fees.

NEW SECTION. Sec. 50. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

On page 1, line 2 of the title, after "laws;" strike the remainder of the title and insert "amending RCW 70.74.010, 70.74.191, 70.74.400, 70.77.126, 70.77.131, 70.77.136, 70.77.141, 70.77.160, 70.77.170, 70.77.175, 70.77.180, 70.77.205, 70.77.210, 70.77.215, 70.77.230, 70.77.236, 70.77.250, 70.77.255, 70.77.270, 70.77.305, 70.77.311, 70.77.315, 70.77.330, 70.77.335, 70.77.340, 70.77.343, 70.77.381, 70.77.395, 70.77.401, 70.77.405, 70.77.420, 70.77.425, 70.77.435, 70.77.440, 70.77.495, 70.77.510, 70.77.515, 70.77.517, 70.77.520, 70.77.535, 70.77.555, 70.77.575, and 70.77.580; adding new sections to chapter 70.77 RCW; and prescribing penalties."

Signed by Representatives Conway, Chairman; Wood, Vice Chairman; Clements, Ranking Minority Member; Chandler; Kenney; Lysen and McMorris.

Voting yea: Representatives Conway, Wood, Clements, Chandler, Kenney, Lysen and McMorris.

Passed to Committee on Rules for second reading.

February 28, 2002

ESB 6232 Prime Sponsor, Senator Rasmussen: Revising crimes relating to possession of ammonia. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass as amended.

On page 1, line 8, after "gas" insert "or pressurized ammonia gas solution"

On page 1, line 15, after "gas" insert "or pressurized ammonia gas solution"

On page 2, line 7, after "gas" insert "or pressurized ammonia gas solution"

On page 2 line 12, after "gas" insert "or pressurized ammonia gas solution,"

On page 2, line 13, after "equipment" insert "or pressurized ammonia gas solution equipment,"

On page 2 line 16, after "gas" insert "or pressurized ammonia gas solution,"

On page 2, line 17, after "equipment" insert "or pressurized ammonia gas solution equipment,"

On page 2 line 19, after "gas" insert "or pressurized ammonia gas solution,"

On page 2, line 20, after "equipment" insert "or pressurized ammonia gas solution equipment"

On page 2, line 23, after "gas" insert "or pressurized ammonia gas solution"

Signed by Representatives Lantz, Chairman; Hurst, Vice Chairman; Carrell, Ranking Minority Member; Boldt; Dickerson; Esser; Jarrett; Lovick and Lysen.

Voting yea: Representatives Lantz, Hurst, Carrell, Boldt, Dickerson, Esser, Jarrett, Lovick and Lysen.

Passed to Committee on Rules for second reading.

February 28, 2002

SSB 6233 Prime Sponsor, Senate Committee on Judiciary: Clarifying references to ephedrine, pseudoephedrine, and ammonia. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass as amended.

On page 1, line 10, strike "or ((anhydrous))" and insert "((or anhydrous))"

On page 1, line 11, after "gas" insert ", or pressurized ammonia gas solution"

On page 4, beginning on line 7, after "Isomers," strike "or ((Anhydrous))" and insert "((or Anhydrous))"

On page 4, line 8, after "Gas" insert ", or Pressurized Ammonia Gas Solution"

On page 10, line 34, after "isomers," strike "or"

On page 10, line 34, after "gas" insert "or pressurized ammonia gas solution"

On page 11, line 13, after "isomers," strike "or"

On page 11, line 13, after "gas" insert "or pressurized ammonia gas solution"

Signed by Representatives Lantz, Chairman; Hurst, Vice Chairman; Carrell, Ranking Minority Member; Boldt; Dickerson; Esser; Jarrett; Lovick and Lysen.

Voting yea: Representatives Lantz, Hurst, Carrell, Boldt, Dickerson, Esser, Jarrett, Lovick and Lysen.

Passed to Committee on Rules for second reading.

February 28, 2002

SB 6236 Prime Sponsor, Senator West: Revising restrictions on mailings by legislators. Reported by Committee on State Government

MAJORITY recommendation: Do pass. Signed by Representatives Romero, Chairman; Miloscia, Vice Chairman; McMorris, Ranking Minority Member; McDermott; Schindler and Schmidt.

Voting Yea: Representatives Romero, Miloscia, McMorris, McDermott, Schindler and Schmidt.

Excused: Representative Upthegrove.

Passed to Committee on Rules for second reading.

February 27, 2002

SSB 6240 Prime Sponsor, Senate Committee on Human Services & Corrections: Clarifying the procedure for providing offenders with a certificate of discharge. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: Do pass. Signed by Representatives O'Brien, Chairman; Lovick, Vice Chairman; Ballasiotes, Ranking Minority Member; Kagi; Kirby and Morell.

MINORITY recommendation: Do not pass. Signed by Representatives Ahern.

Voting yea: Representatives O'Brien, Lovick, Ballasiotes, Kagi, Kirby and Morell.

Voting nay: Representative Ahern.

Passed to Committee on Rules for second reading.

February 26, 2002

SSB 6241 Prime Sponsor, Senate Committee on Agriculture & International Trade: Excluding agriculturally cultivated Christmas trees from chapter 76.09 RCW. Reported by Committee on Agriculture & Ecology

MAJORITY recommendation: Do pass. Signed by Representatives Linville, Chairman; Hunt, Vice Chairman; Schoesler, Ranking Minority Member; Chandler; Delvin; Dunshee; Grant; Holmquist; Kirby; Quall; Roach and Sump.

Voting yea: Representatives Linville, Hunt, Schoesler, Chandler, Delvin, Dunshee, Grant, Holmquist, Kirby, Quall, Roach and Sump.

Excused: Representative Cooper.

Passed to Committee on Rules for second reading.

February 26, 2002

SSB 6254 Prime Sponsor, Senate Committee on Agriculture & International Trade: Creating the fruit and vegetable inspection account. Reported by Committee on Agriculture & Ecology

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 15.17.230 and 1998 c 154 s 15 are each amended to read as follows:

For the purpose of this chapter the state shall be divided into not less than ((three)) two fruit and vegetable inspection districts ((to which the director may assign a district manager who shall supervise and administer regulatory and inspection affairs of the districts)). The director, by rule, shall establish the boundaries of the districts and may adjust the boundaries for purposes of efficiency and economy.

Sec. 2. RCW 15.17.240 and 1998 c 154 s 16 are each amended to read as follows:

(1) ((The district managers shall collect the fees provided for under this chapter and deposit them in the fruit and vegetable district fund in any bank in the district approved for the deposit of state funds. The fees shall be used to carry out the provisions of this chapter and no appropriation is required for disbursement from the fund. District managers shall approve payments from the fruit and vegetable inspection district funds to the fruit and vegetable inspection trust account in accordance with RCW 15.17.245. On a monthly basis, each district manager shall provide to the director a detailed account of the receipts and disbursements for the preceding month.

(2) Assessments and other fees approved by the director or authorized by law and collected by the district managers shall be deposited in the fruit and vegetable inspection district funds and distributed to the appropriate fund or agency.)) The fruit and vegetable inspection account is created in the custody of the state treasurer. All fees collected under this chapter must be deposited into the account. The director may authorize expenditures from the account solely for the implementation and enforcement of this chapter and any other expenditures authorized by statute or session law and applying specifically to the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

The director shall establish and maintain an account within the fruit and vegetable inspection account for each district established under RCW 15.17.230.

(2) By August 1, 2004, and by August 1st of each even-numbered year thereafter, the director shall review the balance of each of the district accounts in the fruit and vegetable inspection account at the end of the previous fiscal year. If the balance in the district account exceeds the sum of the following: An amount equal to the total expenditures of the district served by that account for the last six months of that previous fiscal year; any budgeted capital expenditures from the account for the current fiscal year; and six hundred thousand dollars, the director shall temporarily and equally, on a percentage basis, reduce each of the fees accruing to the district account until such time that the district account has a balance equal to the amount of the total expenditures from the account for the last seven months of the previous fiscal year, at which time the fees shall be returned to the amounts before the temporary reduction. In making the reductions, the director shall attempt to reduce fees for a twelve-month period so as to apply the reductions to as many of the persons who annually pay fees for services provided by the district. The temporary fee reductions shall be initially provided through the adoption of emergency rules. The emergency and subsequent rules temporarily reducing the fees are exempt from the requirements of RCW 34.05.310 and chapter 19.85 RCW. These fees shall be reinstated through the expiration of the rules temporarily reducing them and the authority to reinstate them is hereby granted.

NEW SECTION. Sec. 3. (1) Except as provided in subsection (2) of this section, any residual balance in any fruit and vegetable district fund on the effective date of this act shall be transferred to the fruit and vegetable inspection account established in RCW 15.17.240. Any such residual balance in the district fund for district number 2, as the district is constituted by rule on January 1, 2002, shall be transferred to the district account for the district containing Yakima county. Any such residual balance in the district fund for any other district shall be transferred to the district account for the district not containing Yakima county. Any residual balance in the fruit and vegetable inspection trust account on the effective date of this act shall be transferred to the fruit and vegetable inspection account established in RCW 15.17.240 and shall be equally distributed among the district accounts.

(2) The director shall review the residual balance of each of the district funds transferred to the fruit and vegetable inspection account under subsection (1) of this section.

(a) Except as provided in (b) of this subsection, if such a residual balance in the district fund exceeds an amount equal to the total of the expenditures of the district served by that fund for the last six months of fiscal year 2002, the director of agriculture shall temporarily reduce each of the inspection fees adopted by rule that are collected for inspection services conducted in the area served by the district as it is constituted on January 1, 2002, and shall use such excess amount to provide the fee reductions. The fees shall be temporarily reduced by twelve and one-half percent for that area until the excess amount remaining is equal to an average one month's expenditures from the district fund during the six months ending June 30, 2002, at which time the fees charged shall return to the level of the fees adopted by rule. The amount equal to the average one month's expenditures shall be deposited in the district account to which other portions of the residual balance from the district fund were deposited.

(b) A portion of the amount transferred to the account from the district fund from district number three, as the district is constituted by rule on January 1, 2002, shall be used exclusively to reduce the fees charged for inspection services in the area served by the district as the district is constituted by rule on January 1, 2002. The fees shall be temporarily reduced by nine and one-half percent for that area for a period of twelve months at which time the fees charged shall return to the level of the fees adopted by rule.

Sec. 4. RCW 15.17.243 and 2001 c 92 s 1 are each amended to read as follows:

The district manager for district two as defined in WAC 16-458-075 is authorized to transfer two hundred thousand dollars from the fruit and vegetable district fund to the plant pest account within the agricultural local fund. The amount transferred is to be derived from fees collected for state inspections of tree fruits and is to be used solely for activities related to the control of Rhagoletis pomonella in district two. The transfer of funds shall occur by June 1, 1997. On June 30, 2003, any unexpended portion of the two hundred thousand dollars shall be ((returned)) transferred to the fruit and vegetable ((district fund)) inspection account and deposited in the district account for the district that includes Yakima county.

Sec. 5. RCW 43.79A.040 and 2001 c 201 s 4 and 2001 c 184 s 4 are each reenacted and amended to read as follows:

(1) Money in the treasurer's trust fund may be deposited, invested, and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury.

(2) All income received from investment of the treasurer's trust fund shall be set aside in an account in the treasury trust fund to be known as the investment income account.

(3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

(4)(a) Monthly, the state treasurer shall distribute the earnings credited to the investment income account to the state general fund except under (b) and (c) of this subsection.

(b) The following accounts and funds shall receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The college savings program account, the Washington advanced college tuition payment program account, the agricultural local fund, the American Indian scholarship endowment fund, the basic health plan self-insurance reserve account, the Washington international exchange scholarship endowment fund, the developmental disabilities endowment trust fund, the energy account, the fair fund, the fruit and vegetable inspection account, the game farm alternative account, the grain inspection revolving fund, the juvenile accountability incentive account, the rural rehabilitation account, the stadium and exhibition center account, the youth athletic facility account, the self-insurance revolving fund, the sulfur dioxide abatement account, and the children's trust fund. However, the earnings to be distributed shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

(c) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The advanced right of way revolving fund, the advanced environmental mitigation revolving account, the city and county advance right-of-way revolving fund, the federal narcotics asset forfeitures account, the high occupancy vehicle account, the local rail service assistance account, and the miscellaneous transportation programs account.

(5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section.

NEW SECTION. Sec. 6. If fruit and vegetable inspection districts that existed on January 1, 2002, under RCW 15.17.230 are consolidated or otherwise altered during 2002, the consolidation or alternation must not result in a reduction of inspection services or the availability or quality of those services in any of the districts, but may result in a consolidation of administrative support for those services.

NEW SECTION. Sec. 7. RCW 15.17.245 (Fruit and vegetable inspection trust account) and 1998 c 154 s 19, 1987 c 393 s 2, 1986 c 203 s 1, 1969 ex.s. c 76 s 1, & 1961 c 11 s 15.04.100 are each repealed.

NEW SECTION. Sec. 8. This act takes effect July 1, 2002. However, the director of the department of agriculture and the state treasurer may take actions before July 1, 2002, to permit the creation of the fruit and vegetable inspection account and the district accounts described in RCW 15.17.240 by July 1, 2002."

On page 1, line 1 of the title, after "account;" strike the remainder of the title and insert "amending RCW 15.17.230, 15.17.240, and 15.17.243; reenacting and amending RCW 43.79A.040; creating new sections; repealing RCW 15.17.245; and providing an effective date."

Signed by Representatives Linville, Chairman; Hunt, Vice Chairman; Schoesler, Ranking Minority Member; Chandler; Delvin; Dunshee; Grant; Holmquist; Kirby; Quall; Roach and Sump.

Voting yea: Representatives Linville, Hunt, Schoesler, Chandler, Delvin, Dunshee, Grant, Holmquist, Kirby, Quall, Roach and Sump.

Excused: Representative Cooper.

Passed to Committee on Rules for second reading.

February 26, 2002

SSB 6257 Prime Sponsor, Senate Committee on Natural Resources, Parks & Shorelines: Establishing contract harvesting of timber on state trust lands. Reported by Committee on Natural Resources

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that it is in the best interest of the trust beneficiaries to capture additional revenues while providing for additional environmental protection on timber sales. Further, the legislature finds that contract harvesting is one method to achieve these desired outcomes. Therefore, the legislature directs the department of natural resources to establish and implement contract harvesting where there exists the ability to increase revenues for the beneficiaries of the trusts while obtaining increases in environmental protection.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Commissioner" means the commissioner of public lands.

(2) "Contract harvesting" means a timber operation occurring on state forest lands, in which the department contracts with a firm or individual to perform all the necessary harvesting work to process trees into logs sorted by department specifications. The department then sells the individual log sorts.

(3) "Department" means the department of natural resources.

(4) "Harvesting costs" are those expenses related to the production of log sorts from a stand of timber. These expenses typically involve road building, labor for felling, bucking, and yarding, as well as the transporting of sorted logs to the forest product purchasers.

(5) "Net proceeds" means gross proceeds from a contract harvesting sale less harvesting costs.

NEW SECTION. Sec. 3. (1) The department may establish a contract harvesting program by directly contracting for the removal of timber and other valuable materials from state lands.

(2) The contract requirements must be compatible with the office of financial management's guide to public service contracts.

(3) Contract harvesting may be used anywhere in the state except for the area east of the Okanogan river, north of the Columbia river and main fork of the Spokane river as these rivers flow east of the crest of the Cascade mountains.

(4) The department may not use contract harvesting for more than ten percent of the total annual volume of timber offered for sale.

NEW SECTION. Sec. 4. The contract harvesting revolving account is created in the custody of the state treasurer. All receipts from the gross proceeds of the sale of logs from a contract harvesting must be deposited into the account. Expenditures from the account may be used only for the payment of harvesting costs incurred on contract harvesting sales. Only the commissioner or the commissioner's designee may authorize expenditures from the account. The board of natural resources has oversight of the account, and the commissioner must periodically report to the board of natural resources as to the status of the account, its disbursement, and receipts. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

When the logs from a contract harvesting sale are sold, the gross proceeds must be deposited into the contract harvesting revolving account. Moneys equal to the harvesting costs must be retained in the account and be deducted from the gross proceeds to determine the net proceeds. The net proceeds from the sale of the logs must be distributed in accordance with RCW 43.85.130(1)(b). The final receipt of gross proceeds on a contract harvesting sale must be retained in the contract harvesting revolving account until all required costs for that sale have been paid. The contract harvesting revolving account is an interest-bearing account and the interest must be credited to the account. The account balance may not exceed one million dollars at the end of each fiscal year. Moneys in excess of one million dollars must be disbursed according to RCW 76.12.030, 76.12.120, and 79.64.040. If the department permanently discontinues the use of contract harvesting sales, any sums remaining in the contract harvesting revolving account must be returned to the resource management cost account and the forest development account in proportion to each account's contribution to the initial balance of the contract harvesting revolving account.

NEW SECTION. Sec. 5. The board of natural resources must determine whether any special appraisal practices are necessary for logs sold by the contract harvesting processes, and if so, must adopt the special appraisal practices or procedures. In its consideration of special appraisal practices, the board of natural resources must consider and adopt procedures to rapidly market and sell any log sorts that failed to receive the required minimum bid at the original auction, which may include allowing the department to set a new appraised value for the unsold sort.

The board of natural resources must establish and adopt policy and procedures by which the department evaluates and selects certified contract harvesters. The procedures must include a method whereby a certified contract harvester may appeal a decision by the department or board of natural resources to not include the certified contract harvester on the list of approved contract harvesters.

Sec. 6. RCW 76.12.030 and 1997 c 370 s 1 are each amended to read as follows:

If any land acquired by a county through foreclosure of tax liens, or otherwise, comes within the classification of land described in RCW 76.12.020 and can be used as state forest land and if the department deems such land necessary for the purposes of this chapter, the county shall, upon demand by the department, deed such land to the department and the land shall become a part of the state forest lands.

Such land shall be held in trust and administered and protected by the department as other state forest lands. Any moneys derived from the lease of such land or from the sale of forest products, oils, gases, coal, minerals, or fossils therefrom, shall be distributed as follows:

(1) The expense incurred by the state for administration, reforestation, and protection, not to exceed twenty-five percent, which rate of percentage shall be determined by the board of natural resources, shall be returned to the forest development account in the state general fund.

(2) Any balance remaining shall be paid to the county in which the land is located to be paid, distributed, and prorated, except as hereinafter provided, to the various funds in the same manner as general taxes are paid and distributed during the year of payment: PROVIDED, That any such balance remaining paid to a county with a population of less than sixteen thousand shall first be applied to the reduction of any indebtedness existing in the current expense fund of such county during the year of payment.

In the event that the department sells logs using the contract harvesting process described in chapter 79.-- RCW (sections 2 through 5 of this act), the moneys derived subject to this section are the net proceeds from the contract harvesting sale.

Sec. 7. RCW 76.12.120 and 2000 c 148 s 2 are each amended to read as follows:

Except as provided in RCW 76.12.125, all land, acquired or designated by the department as state forest land, shall be forever reserved from sale, but the timber and other products thereon may be sold or the land may be leased in the same manner and for the same purposes as is authorized for state granted land if the department finds such sale or lease to be in the best interests of the state and approves the terms and conditions thereof.

Except as provided in RCW 79.12.035, all money derived from the sale of timber or other products, or from lease, or from any other source from the land, except where the Constitution of this state or RCW 76.12.030 requires other disposition, shall be disposed of as follows:

(1) Fifty percent shall be placed in the forest development account.

(2) Fifty percent shall be prorated and distributed to the state general fund, to be dedicated for the benefit of the public schools, and the county in which the land is located according to the relative proportions of tax levies of all taxing districts in the county. The portion to be distributed to the state general fund shall be based on the regular school levy rate under RCW 84.52.065 as now or hereafter amended and the levy rate for any maintenance and operation special school levies. With regard to the portion to be distributed to the counties, the department shall certify to the state treasurer the amounts to be distributed within seven working days of receipt of the money. The state treasurer shall distribute funds to the counties four times per month, with no more than ten days between each payment date. The money distributed to the county shall be paid, distributed, and prorated to the various other funds in the same manner as general taxes are paid and distributed during the year of payment.

In the event that the department sells logs using the contract harvesting process described in chapter 79.-- RCW (sections 2 through 5 of this act), the moneys received subject to this section are the net proceeds from the contract harvesting sale.

Sec. 8. RCW 79.64.040 and 2001 c 250 s 16 are each amended to read as follows:

The board shall determine the amount deemed necessary in order to achieve the purposes of this chapter and shall provide by rule for the deduction of this amount from the moneys received from all leases, sales, contracts, licenses, permits, easements, and rights of way issued by the department and affecting public lands, provided that no deduction shall be made from the proceeds from agricultural college lands. Moneys received as deposits from successful bidders, advance payments, and security under RCW 79.01.132 and 79.01.204 prior to December 1, 1981, which have not been subjected to deduction under this section are not subject to deduction under this section. The deductions authorized under this section shall in no event exceed twenty-five percent of the moneys received by the department in connection with any one transaction pertaining to public lands other than second class tide and shore lands and the beds of navigable waters, and fifty percent of the moneys received by the department pertaining to second class tide and shore lands and the beds of navigable waters.

Sec. 9. RCW 43.85.130 and 1981 2nd ex.s. c 4 s 1 are each amended to read as follows:

(1) The department shall deposit daily all moneys and fees collected or received by the commissioner of public lands and the department of natural resources in the discharge of official duties as follows:

(a) The department shall pay moneys received as advance payments, deposits, and security from successful bidders under RCW 79.01.132 and 79.01.204 to the state treasurer for deposit under subsection (1)(b) of this section. Moneys received from unsuccessful bidders shall be returned as provided in RCW 79.01.204;

(b) The department shall pay all moneys received on behalf of a trust fund or account to the state treasurer for deposit in the trust fund or account after making the deduction authorized under RCW 76.12.030, 76.12.120, ((and)) 79.64.040, and section 4 of this act;

(c) The natural resources deposit fund is hereby created. The state treasurer is the custodian of the fund. All moneys or sums which remain in the custody of the commissioner of public lands awaiting disposition or where the final disposition is not known shall be deposited into the natural resources deposit fund. Disbursement from the fund shall be on the authorization of the commissioner or the commissioner's designee, without necessity of appropriation;

(d) If it is required by law that the department repay moneys disbursed under subsections (1)(a) and (1)(b) of this section the state treasurer shall transfer such moneys, without necessity of appropriation, to the department upon demand by the department from those trusts and accounts originally receiving the moneys.

(2) Money shall not be deemed to have been paid to the state upon any sale or lease of land until it has been paid to the state treasurer.

Sec. 10. RCW 43.84.092 and 2001 2nd sp.s. c 14 s 608, 2001 c 273 s 6, 2001 c 141 s 3, and 2001 c 80 s 5 are each reenacted and amended to read as follows:

(1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.

(2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.

(3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

(4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:

(a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the common school construction fund, the contract harvesting revolving account, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the drinking water assistance account, the drinking water assistance administrative account, the drinking water assistance repayment account, the Eastern Washington University capital projects account, the education construction fund, the emergency reserve fund, the federal forest revolving account, the health services account, the public health services account, the health system capacity account, the personal health services account, the state higher education construction account, the higher education construction account, the highway infrastructure account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the mobile home park relocation fund, the multimodal transportation account, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the oyster reserve land account, the perpetual surveillance and maintenance account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public health supplemental account, the Puyallup tribal settlement account, the resource management cost account, the site closure account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the transportation infrastructure account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' and reserve officers' relief and pension principal fund, the volunteer fire fighters' and reserve officers' administrative fund, the Washington fruit express account, the Washington judicial retirement system account, the Washington law enforcement officers' and fire fighters' system plan 1 retirement account, the Washington law enforcement officers' and fire fighters' system plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

(b) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the county arterial preservation account, the department of licensing services account, the essential rail assistance account, the ferry bond retirement fund, the grade crossing protective fund, the high capacity transportation account, the highway bond retirement fund, the highway safety account, the motor vehicle fund, the motorcycle safety education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the safety and education account, the special category C account, the state patrol highway account, the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation improvement board bond retirement account, and the urban arterial trust account.

(5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.

Sec. 11. RCW 84.33.078 and 1986 c 65 s 1 are each amended to read as follows:

When any timber standing on public land, other than federally owned land, is sold separate from the land, the department of natural resources or other governmental unit, as appropriate, shall state in its notice of the sale or prospectus that timber sold separate from the land is subject to property tax and that the amount of the tax paid may be used as a credit against any tax imposed with respect to business of harvesting timber from publicly owned land under RCW 84.33.041. If the timber from public land is harvested by the state, its departments and institutions and political subdivisions, or any municipal corporation therein, the governmental unit, or governmental units, that harvest or market the timber must provide the harvester purchasing the timber with its harvesting and marketing costs as defined in RCW 84.33.035(7).

Sec. 12. RCW 84.33.035 and 2001 c 249 s 1 and 2001 c 97 s 1 are each reenacted and amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Agricultural methods" means the cultivation of trees that are grown on land prepared by intensive cultivation and tilling, such as irrigating, plowing, or turning over the soil, and on which all unwanted plant growth is controlled continuously for the exclusive purpose of raising trees such as Christmas trees and short-rotation hardwoods.

(2) "Average rate of inflation" means the annual rate of inflation as determined by the department averaged over the period of time as provided in RCW 84.33.220 (1) and (2). This rate shall be published in the state register by the department not later than January 1st of each year for use in that assessment year.

(3) "Composite property tax rate" for a county means the total amount of property taxes levied upon forest lands by all taxing districts in the county other than the state, divided by the total assessed value of all forest land in the county.

(4) "Forest land" is synonymous with "designated forest land" and means any parcel of land that is twenty or more acres or multiple parcels of land that are contiguous and total twenty or more acres that is or are devoted primarily to growing and harvesting timber. Designated forest land means the land only and does not include a residential homesite. The term includes land used for incidental uses that are compatible with the growing and harvesting of timber but no more than ten percent of the land may be used for such incidental uses. It also includes the land on which appurtenances necessary for the production, preparation, or sale of the timber products exist in conjunction with land producing these products.

(5) "Harvested" means the time when in the ordinary course of business the quantity of timber by species is first definitely determined. The amount harvested shall be determined by the Scribner Decimal C Scale or other prevalent measuring practice adjusted to arrive at substantially equivalent measurements, as approved by the department.

(6) "Harvester" means every person who from the person's own land or from the land of another under a right or license granted by lease or contract, either directly or by contracting with others for the necessary labor or mechanical services, fells, cuts, or takes timber for sale or for commercial or industrial use. When the United States or any instrumentality thereof, the state, including its departments and institutions and political subdivisions, or any municipal corporation therein so fells, cuts, or takes timber for sale or for commercial or industrial use, the harvester is the first person other than the United States or any instrumentality thereof, the state, including its departments and institutions and political subdivisions, or any municipal corporation therein, who acquires title to or a possessory interest in the timber. The term "harvester" does not include persons performing under contract the necessary labor or mechanical services for a harvester.

(7) "Harvesting and marketing costs" means only those costs directly associated with harvesting the timber from the land and delivering it to the buyer and may include the costs of disposing of logging residues. Any other costs that are not directly and exclusively related to harvesting and marketing of the timber, such as costs of permanent roads or costs of reforesting the land following harvest, are not harvesting and marketing costs.

(8) "Incidental use" means a use of designated forest land that is compatible with its purpose for growing and harvesting timber. An incidental use may include a gravel pit, a shed or land used to store machinery or equipment used in conjunction with the timber enterprise, and any other use that does not interfere with or indicate that the forest land is no longer primarily being used to grow and harvest timber.

(9) "Local government" means any city, town, county, water-sewer district, public utility district, port district, irrigation district, flood control district, or any other municipal corporation, quasi-municipal corporation, or other political subdivision authorized to levy special benefit assessments for sanitary or storm sewerage systems, domestic water supply or distribution systems, or road construction or improvement purposes.

(10) "Local improvement district" means any local improvement district, utility local improvement district, local utility district, road improvement district, or any similar unit created by a local government for the purpose of levying special benefit assessments against property specially benefited by improvements relating to the districts.

(11) "Owner" means the party or parties having the fee interest in land, except where land is subject to a real estate contract "owner" means the contract vendee.

(12) "Primarily" or "primary use" means the existing use of the land is so prevalent that when the characteristic use of the land is evaluated any other use appears to be conflicting or nonrelated.

(13) "Short-rotation hardwoods" means hardwood trees, such as but not limited to hybrid cottonwoods, cultivated by agricultural methods in growing cycles shorter than fifteen years.

(14) "Small harvester" means every person who from his or her own land or from the land of another under a right or license granted by lease or contract, either directly or by contracting with others for the necessary labor or mechanical services, fells, cuts, or takes timber for sale or for commercial or industrial use in an amount not exceeding two million board feet in a calendar year. When the United States or any instrumentality thereof, the state, including its departments and institutions and political subdivisions, or any municipal corporation therein so fells, cuts, or takes timber for sale or for commercial or industrial use, not exceeding these amounts, the small harvester is the first person other than the United States or any instrumentality thereof, the state, including its departments and institutions and political subdivisions, or any municipal corporation therein, who acquires title to or a possessory interest in the timber. Small harvester does not include persons performing under contract the necessary labor or mechanical services for a harvester, and it does not include the harvesters of Christmas trees or short-rotation hardwoods.

(15) "Special benefit assessments" means special assessments levied or capable of being levied in any local improvement district or otherwise levied or capable of being levied by a local government to pay for all or part of the costs of a local improvement and which may be levied only for the special benefits to be realized by property by reason of that local improvement.

(16) "Stumpage value of timber" means the appropriate stumpage value shown on tables prepared by the department under RCW 84.33.091, provided that for timber harvested from public land and sold under a competitive bidding process, stumpage value shall mean the actual amount paid to the seller in cash or other consideration. The stumpage value of timber from public land does not include harvesting and marketing costs if the timber from public land is harvested by, or under contract for, the United States or any instrumentality of the United States, the state, including its departments and institutions and political subdivisions, or any municipal corporation therein. Whenever payment for the stumpage includes considerations other than cash, the value shall be the fair market value of the other consideration. If the other consideration is permanent roads, the value of the roads shall be the appraised value as appraised by the seller.

(17) "Timber" means forest trees, standing or down, on privately or publicly owned land, and except as provided in RCW 84.33.170 includes Christmas trees and short-rotation hardwoods.

(18) "Timber assessed value" for a county means a value, calculated by the department before October 1st of each year, equal to the total stumpage value of timber harvested from privately owned land in the county during the most recent four calendar quarters for which the information is available multiplied by a ratio. The numerator of the ratio is the rate of tax imposed by the county under RCW 84.33.051 for the year of the calculation. The denominator of the ratio is the composite property tax rate for the county for taxes due in the year of the calculation, expressed as a percentage of assessed value.

(19) "Timber assessed value" for a taxing district means the timber assessed value for the county multiplied by a ratio. The numerator of the ratio is the total assessed value of forest land in the taxing district. The denominator is the total assessed value of forest land in the county. As used in this section, "assessed value of forest land" means the assessed value of forest land for taxes due in the year the timber assessed value for the county is calculated.

(20) "Timber management plan" means a plan prepared by a trained forester, or any other person with adequate knowledge of timber management practices, concerning the use of the land to grow and harvest timber. Such a plan includes:

(a) A legal description of the forest land;

(b) A statement that the forest land is held in contiguous ownership of twenty or more acres and is primarily devoted to and used to grow and harvest timber;

(c) A brief description of the timber on the forest land or, if the timber on the land has been harvested, the owner's plan to restock the land with timber;

(d) A statement about whether the forest land is also used to graze livestock;

(e) A statement about whether the land has been used in compliance with the restocking, forest management, fire protection, insect and disease control, and forest debris provisions of Title 76 RCW; and

(f) If the land has been recently harvested or supports a growth of brush and noncommercial type timber, a description of the owner's plan to restock the forest land within three years.

NEW SECTION. Sec. 13. The department of natural resources must provide a report to the appropriate committees of the legislature concerning the costs and effectiveness of the contract harvesting program. The report must be submitted by December 31, 2005.

NEW SECTION. Sec. 14. Sections 2 through 5 of this act constitute a new chapter in Title 79 RCW.

NEW SECTION. Sec. 15. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

On page 1, line 1 of the title, after "harvesting;" strike the remainder of the title and insert "amending RCW 76.12.030, 76.12.120, 79.64.040, 43.85.130, and 84.33.078; reenacting and amending RCW 43.84.092 and 84.33.035; adding a new chapter to Title 79 RCW; and creating new sections."

Signed by Representatives Doumit, Chairman; Rockefeller, Vice Chairman; Sump, Ranking Minority Member; Buck; Eickmeyer; Ericksen; Jackley; McDermott; Orcutt; Pearson and Upthegrove.

Voting yea: Representatives Doumit, Rockefeller, Sump, Buck, Eickmeyer, Ericksen, Jackley, McDermott, Orcutt, Pearson and Upthegrove.

Passed to Committee on Rules for second reading.

February 28, 2002

SB 6283 Prime Sponsor, Senator Gardner: Changing the monetary threshold for competitive bidding requirements for public hospital districts. Reported by Committee on Local Government & Housing

MAJORITY recommendation: Do pass. Signed by Representatives Dunshee, Chairman; Edwards, Vice Chairman; Mulliken, Ranking Minority Member; Berkey; DeBolt; Dunn; Hatfield; Kirby; Mielke and Sullivan.

MINORITY recommendation: Without recommendation: Signed by Representative Crouse.

Voting yea: Representatives Dunshee, Edwards, Mulliken, DeBolt, Dunn, Kirby, Mielke and Sullivan.

Voting nay: Representative Crouse.

Excused: Representatives Berkey and Hatfield.

Passed to Committee on Rules for second reading.

February 26, 2002

SSB 6286 Prime Sponsor, Senate Committee on Human Services & Corrections: Revising provisions relating to the time permitted for review by the indeterminate sentence review board of sex offenders who are sentenced to short sentences under RCW 9.94A.712. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 9.95.420 and 2001 2nd sp.s. c 12 s 306 are each amended to read as follows:

(1)(a) Except as provided in (c) of this subsection, before the expiration of the minimum term, as part of the end of sentence review process under RCW 72.09.340, 72.09.345, and where appropriate, 72.09.370, the department shall conduct, and the offender shall participate in, an examination of the offender, incorporating methodologies that are recognized by experts in the prediction of sexual dangerousness, and including a prediction of the probability that the offender will engage in sex offenses if released.

(b) The board may contract for an additional, independent examination, subject to the standards in this section.

(c) If at the time the sentence is imposed by the superior court the offender's minimum term has expired or will expire within one hundred twenty days of the sentencing hearing, the department shall conduct, within ninety days of the offender's arrival at a department of corrections facility, and the offender shall participate in, an examination of the offender, incorporating methodologies that are recognized by experts in the prediction of sexual dangerousness, and including a prediction of the probability that the offender will engage in sex offenses if released.

(2) The board shall impose the conditions and instructions provided for in RCW 9.94A.720. The board shall consider the department's recommendations and may impose conditions in addition to those recommended by the department. The board may impose or modify conditions of community custody following notice to the offender.

(3)(a) Except as provided in (b) of this subsection, no later than ninety days before expiration of the minimum term, but after the board receives the results from the end of sentence review process and the recommendations for additional or modified conditions of community custody from the department, the board shall conduct a hearing to determine whether it is more likely than not that the offender will engage in sex offenses if released on conditions to be set by the board. The board may consider an offender's failure to participate in an evaluation under subsection (1) of this section in determining whether to release the offender. The board shall order the offender released, under such affirmative and other conditions as the board determines appropriate, unless the board determines by a preponderance of the evidence that, despite such conditions, it is more likely than not that the offender will commit sex offenses if released. If the board does not order the offender released, the board shall establish a new minimum term, not to exceed an additional two years.

(b) If at the time the offender's minimum term has expired or will expire within one hundred twenty days of the offender's arrival at a department of correction's facility, then no later than one hundred twenty days after the offender's arrival at a department of corrections facility, but after the board receives the results from the end of sentence review process and the recommendations for additional or modified conditions of community custody from the department, the board shall conduct a hearing to determine whether it is more likely than not that the offender will engage in sex offenses if released on conditions to be set by the board. The board may consider an offender's failure to participate in an evaluation under subsection (1) of this section in determining whether to release the offender. The board shall order the offender released, under such affirmative and other conditions as the board determines appropriate, unless the board determines by a preponderance of the evidence that, despite such conditions, it is more likely than not that the offender will commit sex offenses if released. If the board does not order the offender released, the board shall establish a new minimum term, not to exceed an additional two years.

Sec. 2. RCW 9.95.011 and 2001 2nd sp.s. c 12 s 320 are each amended to read as follows:

(1) When the court commits a convicted person to the department of corrections on or after July 1, 1986, for an offense committed before July 1, 1984, the court shall, at the time of sentencing or revocation of probation, fix the minimum term. The term so fixed shall not exceed the maximum sentence provided by law for the offense of which the person is convicted.

The court shall attempt to set the minimum term reasonably consistent with the purposes, standards, and sentencing ranges adopted under RCW 9.94A.850, but the court is subject to the same limitations as those placed on the board under RCW 9.92.090, 9.95.040 (1) through (4), 9.95.115, 9A.32.040, 9A.44.045, and chapter 69.50 RCW. The court's minimum term decision is subject to review to the same extent as a minimum term decision by the parole board before July 1, 1986.

Thereafter, the expiration of the minimum term set by the court minus any time credits earned under RCW 9.95.070 and 9.95.110 constitutes the parole eligibility review date, at which time the board may consider the convicted person for parole under RCW 9.95.100 and 9.95.110 and chapter 72.04A RCW. Nothing in this section affects the board's authority to reduce or increase the minimum term, once set by the court, under RCW 9.95.040, 9.95.052, 9.95.055, 9.95.070, 9.95.080, 9.95.100, 9.95.115, 9.95.125, or 9.95.047.

(2)(a) Except as provided in (b) of this subsection, not less than ninety days prior to the expiration of the minimum term of a person sentenced under RCW 9.94A.712, for a sex offense committed on or after ((July)) September 1, 2001, less any time credits permitted by statute, the board shall review the person for conditional release to community custody as provided in RCW 9.95.420. If the board does not release the person, it shall set a new minimum term not to exceed an additional two years. The board shall review the person again not less than ninety days prior to the expiration of the new minimum term.

(b) If at the time a person sentenced under RCW 9.94A.712 for a sex offense committed on or after September 1, 2001, arrives at a department of corrections facility, the offender's minimum term has expired or will expire within one hundred twenty days of the offender's arrival, then no later than one hundred twenty days after the offender's arrival at a department of corrections facility, but after the board receives the results from the end of sentence review process and the recommendations for additional or modified conditions of community custody from the department, the board shall review the person for conditional release to community custody as provided in RCW 9.95.420. If the board does not release the person, it shall set a new minimum term not to exceed an additional two years. The board shall review the person again not less than ninety days prior to the expiration of the new minimum term.

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 takes effect immediately."

Correct the title.

Signed by Representatives O'Brien, Chairman; Lovick, Vice Chairman; Ballasiotes, Ranking Minority Member; Ahern; Kagi; Kirby and Morell.

Voting yea: Representatives O'Brien, Lovick, Ballasiotes, Ahern, Kagi, Kirby and Morell.

Passed to Committee on Rules for second reading.

February 28, 2002

SB 6293 Prime Sponsor, Senator Kline: Hearing certain criminal actions by video or other electronic means. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass. Signed by Representatives Lantz, Chairman; Hurst, Vice Chairman; Carrell, Ranking Minority Member; Boldt; Dickerson; Esser; Jarrett; Lovick and Lysen.

Voting yea: Representatives Lantz, Hurst, Carrell, Boldt, Dickerson, Esser, Jarrett, Lovick and Lysen.

Passed to Committee on Rules for second reading.

February 26, 2002

SSB 6301 Prime Sponsor, Senate Committee on Natural Resources, Parks & Shorelines: Allowing the issuance of a group fishing permit to a facility. Reported by Committee on Natural Resources

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 77.32 RCW to read as follows:

A group fishing permit allows a group of individuals to fish and harvest shellfish without individual licenses or the payment of individual license fees. The director must issue a group fishing permit on a seasonal basis to a state-operated facility or state-licensed nonprofit facility or program for physically or mentally disabled persons, mentally ill persons, hospital patients, handicapped persons, seriously or terminally ill persons, persons who are dependent on the state because of emotional or physical developmental disabilities, or senior citizens who are in the care of the facility. The permit is valid only for use during open season.

The commission must adopt rules that provide the conditions under which a group fishing permit must be issued.

NEW SECTION. Sec. 2. RCW 77.32.235 (Group permits--Exemption from individual license and fee requirement--Conditions) and 1998 c 191 s 20, 1990 c 35 s 4, & 1984 c 33 s 1 are each repealed."

Signed by Representatives Doumit, Chairman; Rockefeller, Vice Chairman; Sump, Ranking Minority Member; Buck; Eickmeyer; Ericksen; Jackley; McDermott; Orcutt; Pearson and Upthegrove.

Voting yea: Representatives Doumit, Rockefeller, Sump, Buck, Eickmeyer, Ericksen, Jackley, McDermott, Orcutt, Pearson and Upthegrove.

Passed to Committee on Rules for second reading.

February 28, 2002

SB 6321 Prime Sponsor, Senator Gardner: Allowing candidates to file electronically. Reported by Committee on State Government

MAJORITY recommendation: Do pass. Signed by Representatives Romero, Chairman; Miloscia, Vice Chairman; McMorris, Ranking Minority Member; McDermott; Schindler and Schmidt.

Voting yea: Representatives Romero, Miloscia, McMorris, McDermott, Schindler and Schmidt.

Excused: Representative Upthegrove.

Passed to Committee on Rules for second reading.

February 28, 2002

SB 6323 Prime Sponsor, Senator Gardner: Revising initiative filing fee procedures. Reported by Committee on State Government

MAJORITY recommendation: Do pass. Signed by Representatives Romero, Chairman; Miloscia, Vice Chairman; McMorris, Ranking Minority Member; McDermott; Schindler and Schmidt.

Voting yea: Representatives Romero, Miloscia, McMorris, McDermott, Schindler and Schmidt.

Excused: Representative Upthegrove.

Passed to Committee on Rules for second reading.

February 28, 2002

SB 6324 Prime Sponsor, Senator Gardner: Directing a statewide voter registration data base. Reported by Committee on State Government

MAJORITY recommendation: Do pass. Signed by Representatives Romero, Chairman; Miloscia, Vice Chairman; McMorris, Ranking Minority Member; McDermott; Schindler and Schmidt.

Voting yea: Representatives Romero, Miloscia, McMorris, McDermott, Schindler and Schmidt.

Excused: Representative Upthegrove.

Passed to Committee on Rules for second reading.

February 28, 2002

SB 6325 Prime Sponsor, Senator Gardner: Modifying the administration of elections. Reported by Committee on State Government

MAJORITY recommendation: Do pass. Signed by Representatives Romero, Chairman; Miloscia, Vice Chairman; McMorris, Ranking Minority Member; McDermott; Schindler and Schmidt.

Voting yea: Representatives Romero, Miloscia, McMorris, McDermott, Schindler and Schmidt.

Excused: Representative Upthegrove.

Passed to Committee on Rules for second reading.

February 28, 2002

SB 6328 Prime Sponsor, Senator Parlette: Changing the definition of cherry harvest temporary labor camp. Reported by Committee on Commerce & Labor

MAJORITY recommendation: Do pass. Signed by Representatives Conway, Chairman; Wood, Vice Chairman; Clements, Ranking Minority Member; Chandler; Kenney; Lysen and McMorris.

Voting yea: Representatives Conway, Wood, Clements, Chandler, Kenney, Lysen and McMorris.

Passed to Committee on Rules for second reading.

February 28, 2002

SSB 6329 Prime Sponsor, Senate Committee on Environment, Energy & Water: Exempting certain hybrid vehicles from emission control inspection requirements. Reported by Committee on Agriculture & Ecology

MAJORITY recommendation: Do pass. Signed by Representatives Linville, Chairman; Hunt, Vice Chairman; Schoesler, Ranking Minority Member; Chandler; Cooper; Delvin; Dunshee; Grant; Holmquist; Kirby; Quall; Roach and Sump.

Voting yea: Representatives Linville, Hunt, Schoesler, Chandler, Cooper, Delvin, Dunshee, Grant, Holmquist, Kirby, Quall, Roach and Sump.

Passed to Committee on Rules for second reading.

February 26, 2002

SB 6338 Prime Sponsor, Senator Keiser: Modifying the consumer loan act. Reported by Committee on Financial Institutions & Insurance

MAJORITY recommendation: Do pass. Signed by Representatives Cooper, Chairman; McIntire, Vice Chairman; Benson, Ranking Minority Member; Barlean; Cairnes; Hatfield; Mielke; Miloscia; Roach; Santos and Simpson.

Voting yea: Representatives Cooper, McIntire, Benson, Barlean, Cairnes, Hatfield, Mielke, Miloscia, Roach, Santos and Simpson.

Passed to Committee on Rules for second reading.

February 26, 2002

SSB 6350 Prime Sponsor, Senate Committee on Transportation: Allowing use of county road funds for state highway improvements. Reported by Committee on Transportation

MAJORITY recommendation: Do pass. Signed by Representatives Fisher, Chairman; Cooper, Vice Chairman; Mitchell, Ranking Minority Member; Anderson; Armstrong; Edwards; Ericksen; Haigh; Hankins; Hatfield; Holmquist; Jackley; Jarrett; Lovick; Mielke; Morell; Murray; Ogden; Reardon; Rockefeller; Romero; Schindler; Simpson; Skinner; Sullivan and Wood.

Excused: Representatives Sullivan and Woods.

Passed to Committee on Rules for second reading.

February 27, 2002

SSB 6351 Prime Sponsor, Senate Committee on Education: Requiring notification policies regarding threats at schools. Reported by Committee on Education

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 28A.320 RCW to read as follows:

(1) By September 1, 2003, each school district board of directors shall adopt a policy that addresses the following issues:

(a) How information relating to a student's conduct, including but not limited to the student's prior disciplinary records, official juvenile court records, and history of violence, that is provided to the school administrators will then be provided to classroom teachers, school staff, and school security who, in the judgment of the principal, should be notified;

(b) A definition of "threats of violence or harm"; and

(c) Whether or not any such threat of violence or harm made by a student may be grounds for immediate suspension or expulsion of the student.

(2) The superintendent of public instruction, in consultation with educators and representatives of law enforcement, classified staff, and organizations with expertise in violence prevention and intervention, shall adopt a model policy that includes the issues listed in subsection (1) of this section by January 1, 2003. The model policy shall be posted on the superintendent of public instruction's web site. The school districts, in drafting their own policies, shall review the model policy.

(3) School districts, school district boards of directors, school officials, and school employees providing notice in good faith as required and consistent with the board's policies adopted under this section are immune from any liability arising out of such notification.

(4) A person who intentionally and in bad faith or maliciously, knowingly makes a false notification of a threat under this section is guilty of a misdemeanor punishable under RCW 9A.20.021."

On page 1, line 1 of the title, after "students;" strike the remainder of the title and insert "adding a new section to chapter 28A.320 RCW; and prescribing penalties."

Signed by Representatives Quall, Chairman; Haigh, Vice Chairman; Talcott, Ranking Minority Member; Anderson; Cox; McDermott; Rockefeller; Santos; Schindler; Schmidt and Upthegrove.

Voting yea: Representatives Quall, Haigh, Talcott, Anderson, Cox, McDermott, Rockefeller, Santos, Schindler, Schmidt and Upthegrove.

Passed to Committee on Rules for second reading.

February 26, 2002

2SSB 6353 Prime Sponsor, Senate Committee on Ways & Means: Concerning the use of migratory bird stamp and migratory bird validation fees. Reported by Committee on Natural Resources

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 77.32.350 and 2000 c 107 s 270 are each amended to read as follows:

In addition to a small game hunting license, a supplemental permit or stamp is required to hunt for western Washington pheasant or migratory birds.

(1) A western Washington pheasant permit is required to hunt for pheasant in western Washington. Western Washington pheasant permits must contain numbered spaces for recording the location and date of harvest of each western Washington pheasant.

(2) The permit shall be available as a season option, a youth full season option, or a three-day option. The fee for this permit is:

(a) For the resident and nonresident full season option, thirty-six dollars;

(b) For the youth full season option, eighteen dollars;

(3) ((A migratory bird stamp affixed to a hunting license designated by rule of the commission is required for all persons sixteen years of age or older to hunt migratory birds. The fee for the stamp for hunters is six dollars for residents and nonresidents. The fee for the stamp for collectors is six dollars.

(4) The migratory bird stamp shall be validated by the signature of the licensee written across the face of the stamp)) A migratory bird validation is required for all persons sixteen years of age or older to hunt migratory birds. The fee for the validation for hunters is ten dollars for residents and nonresidents. The fee for the stamp for collectors is ten dollars.

(4) The migratory bird license must be validated at the time of signature of the licensee.

Sec. 2. RCW 77.12.670 and 1998 c 191 s 32 are each amended to read as follows:

(1) The migratory bird stamp to be produced by the department shall use the design as provided by the migratory waterfowl art committee.

(2) All revenue derived from the sale of ((the)) migratory bird license validations or stamps by the department to any person hunting waterfowl or to any stamp collector shall be deposited in the state wildlife fund and shall be used only for that portion of the cost of printing and production of the stamps for migratory waterfowl hunters as determined by subsection (4) of this section, and for those migratory waterfowl projects specified by the director of the department for the acquisition and development of migratory waterfowl habitat in the state and for the enhancement, protection, and propagation of migratory waterfowl in the state. Migratory bird license validation and stamp funds may not be used on lands controlled by private hunting clubs or on private lands that charge a fee for public access. Migratory bird license validation and stamp funds may be used for migratory waterfowl projects on private land where public hunting is provided by written permission or on areas established by the department as waterfowl hunting closures.

(3) All revenue derived from the sale of the license validation and stamp by the department to persons hunting solely nonwaterfowl migratory birds shall be deposited in the state wildlife fund and shall be used only for that portion of the cost of printing and production of the stamps for nonwaterfowl migratory bird hunters as determined by subsection (4) of this section, and for those nonwaterfowl migratory bird projects specified by the director for the acquisition and development of nonwaterfowl migratory bird habitat in the state and for the enhancement, protection, and propagation of nonwaterfowl migratory birds in the state.

(4) With regard to the revenue from license validation and stamp sales that is not the result of sales to stamp collectors, the department shall determine the proportion of migratory waterfowl hunters and solely nonwaterfowl migratory bird hunters by using the yearly migratory bird hunter harvest information program survey results or, in the event that these results are not available, other similar survey results. A two-year average of the most recent survey results shall be used to determine the proportion of the revenue attributed to migratory waterfowl hunters and the proportion attributed to solely nonwaterfowl migratory bird hunters for each fiscal year. For fiscal year 1998-99 and for fiscal year 1999-2000, ninety-six percent of the stamp revenue shall be attributed to migratory waterfowl hunters and four percent of the stamp revenue shall be attributed to solely nonwaterfowl migratory game hunters.

(5) Acquisition shall include but not be limited to the acceptance of gifts of real estate or any interest therein or the rental, lease, or purchase of real estate or any interest therein. If the department acquires any fee interest, leasehold, or rental interest in real property under this section, it shall allow the general public reasonable access to that property and shall, if appropriate, ((insure)) ensure that the deed or other instrument creating the interest allows such access to the general public. If the department obtains a covenant in real property in its favor or an easement or any other interest in real property under this section, it shall exercise its best efforts to ((insure)) ensure that the deed or other instrument creating the interest grants to the general public in the form of a covenant running with the land reasonable access to the property. The private landowner from whom the department obtains such a covenant or easement shall retain the right of granting access to the lands by written permission, but may not charge a fee for access.

(6) The department may produce migratory bird stamps in any given year in excess of those necessary for sale in that year. The excess stamps may be sold to the migratory waterfowl art committee for sale to the public."

Signed by Representatives Doumit, Chairman; Rockefeller, Vice Chairman; Buck; Eickmeyer; Jackley; McDermott; Pearson and Upthegrove.

MINORITY recommendation: Do not pass. Signed by Representatives Sump, Ranking Minority Member; Ericksen and Orcutt.

Voting yea: Representatives Doumit, Rockefeller, Buck, Eickmeyer, Jackley, McDermott, Pearson and Upthegrove.

Voting Nay: Representatives Sump, Ericksen and Orcutt.

Referred to Committee on Appropriations.

February 28, 2002

2SSB 6356 Prime Sponsor, Senate Committee on Ways & Means: Creating the children's environmental health and protection advisory council. Reported by Committee on Agriculture & Ecology

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that children in the state face many preventable exposures to environmental hazards in their schools, homes, and communities. In certain cases children are at greater risk than adults for exposure to and possible illness from environmental hazards. This is due in part to their behaviors but also to their decreased ability to detoxify certain substances due to the immaturity of their body organs and immune systems.

The legislature further finds that higher rates of poverty place children of ethnic and minority communities at disproportionate risk for environmental exposures due to inadequate housing, poor nutrition, and limited access to health care. Solutions to complex environmental health problems require the ongoing communication, collaboration, and cooperation of affected communities.

NEW SECTION. Sec. 2. As used in this act, "environmental hazard" means one or a group of toxic chemical, biological, or physical agents in the environment, resulting from human activities or natural processes, that may impact the health of exposed children, including such pollutants as lead, pesticides, air pollutants, contaminated drinking water, polluted waters, toxic waste, polychlorinated biphenyls, secondhand tobacco smoke, and industrial and home chemicals.

NEW SECTION. Sec. 3. (1) The children's environmental health and protection advisory council is created.

(2) Membership of the advisory council shall consist of fifteen members. The president of the senate shall appoint one member of the majority party and one member of the minority party. The speaker of the house of representatives shall appoint one member from each party. The other members shall include: The secretary of the department of health or designee; the secretary of the department of ecology or designee; the secretary of the department of agriculture or designee; the superintendent of public instruction or designee; the secretary of the department of social and health services or designee; the secretary of the department of labor and industries or designee; one member of the state board of health; one tribal representative, appointed by the governor; one licensed pediatric health care provider with expertise in the field of children's environmental health, appointed by the governor; one parent or guardian whose child has been clinically diagnosed with exposure to an environmental health hazard, appointed by the governor; and an expert in the field of environmental toxicology, appointed by the governor.

(3) Members of the advisory council shall serve without compensation.

(4) The board of health shall provide staff support and administrative assistance to the advisory council.

NEW SECTION. Sec. 4. The advisory council shall, beginning in 2003:

(1) Meet at least four times a year;

(2) Review and comment on existing laws, rules, regulations, and standards to ensure that they adequately protect the health of children from environmental hazards;

(3) Work collaboratively with state agencies and others without duplicating current work in this area; and

(4) Report to the governor and the legislature by December 1, 2003, and December 1, 2004, with recommendations on changes in regulation that would reduce children's exposure to environmental hazards and recommendations for collaborative approaches to public education.

NEW SECTION. Sec. 5. The state board of health may solicit, accept, and spend gifts, grants, bequests, devises, and other funds from public and private sources to fund the activities of the children's environmental health and protection advisory council created under section 3 of this act. Funding for the state board of health and state agencies directed to participate in and support the activities of the children's environmental health and protection advisory council shall be provided from funds acquired according to this section and any existing resources these agencies may be able to direct toward these purposes.

NEW SECTION. Sec. 6. This act expires June 30, 2005."

Signed by Representatives Linville, Chairman; Hunt, Vice Chairman; Cooper; Dunshee; Grant; Kirby; Quall and Roach.

MINORITY recommendation: Do not pass. Signed by Representatives Schoesler, Ranking Minority Member; Chandler; Delvin; Holmquist and Sump.

Voting yea: Representatives Linville, Hunt, Cooper, Dunshee, Grant, Kirby, Quall and Roach.

Voting nay: Representatives Schoesler, Chandler, Delvin, Holmquist and Sump.

Referred to Committee on Appropriations.

February 28, 2002

SSB 6364 Prime Sponsor, Senate Committee on Labor, Commerce & Financial Institutions: Implementing recommendations of the joint legislative task force on mobile/manufactured home alteration and repair. Reported by Committee on Commerce & Labor

MAJORITY recommendation: Do pass as amended.

On page 6, line 28, after "home" strike ","

On page 6, beginning on line 29, after "43.22.440" strike the remainder of the subsection and insert ". If, after an inspection requested by any party to a sale, including a party financing the sale, the department determines that an alteration may constitute a hazard to life, safety, or health, the department shall so notify the parties in writing within thirty days of completing the inspection and may notify the local official responsible for enforcing the uniform fire code adopted under chapter 19.27 RCW or local health officer, as applicable, within the relevant jurisdiction."

Signed by Representatives Conway, Chairman; Wood, Vice Chairman; Clements, Ranking Minority Member; Kenney and Lysen.

MINORITY recommendation: Do not pass. Signed by Representatives Chandler and McMorris.

Voting yea: Representatives Conway, Wood, Clements, Kenney and Lysen.

Voting nay: Representatives Chandler and McMorris.

Passed to Committee on Rules for second reading.

February 28, 2002

ESSB 6368 Prime Sponsor, Senate Committee on Health & Long-Term Care: Developing a comprehensive prescription drug education and utilization system. Reported by Committee on Health Care

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. (1) The legislature finds that prescription drugs are an effective and important part of efforts to maintain and improve the health of Washington state residents. Yet prescription drug expenditures in both the public and private sectors are growing at rates far in excess of consumer or medical inflation, placing a strain on the ability of public and private health care purchasers to continue to offer comprehensive health benefits coverage. In addition, inappropriate use of prescription drugs can have serious health consequences for Washington state residents.

(2) It is the intent of the legislature to develop a comprehensive prescription drug education and utilization system in Washington state that will ensure best prescribing practices and pharmaceutical use, reduce administrative burdens on providers, increase consumer understanding of and compliance with appropriate use of prescription drugs, help to control increases in consumer and state health care spending, and improve prescription drug purchasing through a sound evidence-based process that evaluates the therapeutic value and cost-effectiveness of prescription drugs.

Sec. 2. RCW 41.05.011 and 2001 c 165 s 2 are each amended to read as follows:

((Unless the context clearly requires otherwise,)) The definitions in this section ((shall)) apply throughout this chapter unless the context clearly requires otherwise.

(1) "Administrator" means the administrator of the authority.

(2) "State purchased health care" or "health care" means medical and health care, pharmaceuticals, and medical equipment purchased with state and federal funds by the department of social and health services, the department of health, the basic health plan, the state health care authority, the department of labor and industries, the department of corrections, the department of veterans affairs, and local school districts.

(3) "Authority" means the Washington state health care authority.

(4) "Insuring entity" means an insurer as defined in chapter 48.01 RCW, a health care service contractor as defined in chapter 48.44 RCW, or a health maintenance organization as defined in chapter 48.46 RCW.

(5) "Flexible benefit plan" means a benefit plan that allows employees to choose the level of health care coverage provided and the amount of employee contributions from among a range of choices offered by the authority.

(6) "Employee" includes all full-time and career seasonal employees of the state, whether or not covered by civil service; elected and appointed officials of the executive branch of government, including full-time members of boards, commissions, or committees; and includes any or all part-time and temporary employees under the terms and conditions established under this chapter by the authority; justices of the supreme court and judges of the court of appeals and the superior courts; and members of the state legislature or of the legislative authority of any county, city, or town who are elected to office after February 20, 1970. "Employee" also includes: (a) Employees of a county, municipality, or other political subdivision of the state if the legislative authority of the county, municipality, or other political subdivision of the state seeks and receives the approval of the authority to provide any of its insurance programs by contract with the authority, as provided in RCW 41.04.205; (b) employees of employee organizations representing state civil service employees, at the option of each such employee organization, and, effective October 1, 1995, employees of employee organizations currently pooled with employees of school districts for the purpose of purchasing insurance benefits, at the option of each such employee organization; and (c) employees of a school district if the authority agrees to provide any of the school districts' insurance programs by contract with the authority as provided in RCW 28A.400.350.

(7) "Board" means the public employees' benefits board established under RCW 41.05.055.

(8) "Retired or disabled school employee" means:

(a) Persons who separated from employment with a school district or educational service district and are receiving a retirement allowance under chapter 41.32 or 41.40 RCW as of September 30, 1993;

(b) Persons who separate from employment with a school district or educational service district on or after October 1, 1993, and immediately upon separation receive a retirement allowance under chapter 41.32, 41.35, or 41.40 RCW;

(c) Persons who separate from employment with a school district or educational service district due to a total and permanent disability, and are eligible to receive a deferred retirement allowance under chapter 41.32, 41.35, or 41.40 RCW.

(9) "Benefits contribution plan" means a premium only contribution plan, a medical flexible spending arrangement, or a cafeteria plan whereby state and public employees may agree to a contribution to benefit costs which will allow the employee to participate in benefits offered pursuant to 26 U.S.C. Sec. 125 or other sections of the internal revenue code.

(10) "Salary" means a state employee's monthly salary or wages.

(11) "Participant" means an individual who fulfills the eligibility and enrollment requirements under the benefits contribution plan.

(12) "Plan year" means the time period established by the authority.

(13) "Separated employees" means persons who separate from employment with an employer as defined in:

(a) RCW 41.32.010(11) on or after July 1, 1996; or

(b) RCW 41.35.010 on or after September 1, 2000; or

and who are at least age fifty-five and have at least ten years of service under the teachers' retirement system plan 3 as defined in RCW 41.32.010(40), the Washington school employees' retirement system plan 3 as defined in RCW 41.35.010, or the public employees' retirement system plan 3 as defined in RCW 41.40.010.

(14) "Emergency service personnel killed in the line of duty" means law enforcement officers and fire fighters as defined in RCW 41.26.030, and reserve officers and fire fighters as defined in RCW 41.24.010 who die as a result of injuries sustained in the course of employment as determined consistent with Title 51 RCW by the department of labor and industries.

(15) "Preferred drug" means the drug or drugs of choice within a selected therapeutic class, as determined by the process established in section 3 of this act.

(16) "Prior authorization" means a process requiring the prescriber or the dispenser to verify with an agency participating in the preferred drug program or its contractor that the proposed medical use of a particular medicine for a patient meets predetermined criteria for payment by the program.

NEW SECTION. Sec. 3. A new section is added to chapter 41.05 RCW to read as follows:

The administrator, in concert with other state agencies involved in state purchased health care, must begin implementation of a preferred drug program by January 1, 2003. The preferred drug program is initially limited to fee-for-service prescription drug purchasing through medical assistance programs under chapter 74.09 RCW, the uniform medical plan under this chapter, and other state purchased health care programs. The administrator must include bulk purchased prescription drugs in the preferred drug program according to a timetable of the administrator's choosing. The preferred drug program shall not be applied to health care purchased through managed care contracts with carriers for state purchased health care programs. In implementing the preferred drug program, the administrator may adopt rules, and must:

(1) Use a nationally recognized listing of therapeutic classes of drugs, such as those published by first databank or the American society of health system pharmacists, to place drugs into therapeutic classes;

(2) Identify for initial consideration those classes of drugs for which agencies have substantial annual aggregate fee-for-service expenditures;

(3) Exempt the following drug classes from inclusion on any preferred drug list:

(a) Antipsychotics;

(b) Chemotherapy;

(d) Immunosuppressants; and

(e) Hypoglycemia rescue agents;

(4) Contract with one or more qualified, independent entities to determine which drugs within each of the identified therapeutic classes are essentially equal in terms of safety, efficacy, and outcomes. Upon request of the pharmacy and therapeutics committee or the authority, manufacturers must submit dossiers containing clinical and economic data utilizing the academy of managed care pharmacy format for preferred drug list submissions. The dossier must include any available data, research, or information on the effectiveness of the drug for treatment of women and racial and ethnic minorities. The pharmacy and therapeutics committee or the administrator shall request the dossier from a manufacturer within thirty days of food and drug administration approval of any new drug that is in a therapeutic class included in the preferred drug list. The pharmacy and therapeutics committee or the authority must provide the dossier to the contracted entity, who will base its determinations on the strength of scientific evidence and standards of practice that include, but are not limited to:

(a) Assessing peer-reviewed medical literature, including randomized clinical trials (especially drug comparison studies), pharmacoeconomic studies, and outcomes research data;

(b) Employing published practice guidelines developed by an acceptable evidence-based process;

(c) Comparing the efficacy as well as the type and frequency of side effects and potential drug interactions among alternative drug products in the class under review;

(d) Assessing the likely impact of a drug product on patient compliance when compared to alternative drug products in the class under review; and

(e) Thoroughly evaluating the benefits, risks, and potential outcomes for patients, including adverse drug events. To expedite development of the preferred drug list, the administrator, the independent entity chosen under this subsection, and the pharmacy and therapeutics committee must make maximum use of sound evidence-based prescription drug reviews that have been completed by independent experts, giving consideration to the needs and characteristics of populations, including racial and ethnic minorities, served by state purchased health care programs;

(5) Submit the determinations made under subsection (4) of this section to the pharmacy and therapeutics committee established in section 5 of this act, which must incorporate them into recommendations to the administrator as provided in section 5 of this act;

(6) Develop a preferred drug list based on the recommendations of the pharmacy and therapeutics committee. For each therapeutic class considered, the list must identify the drugs determined to be essentially equal and, from among those, which ones are the preferred drugs. If a particular class of drugs will be used in a disease management program developed under section 12 of this act, an effort shall be made to ensure that the preferred drugs in that class are consistent with protocols or algorithms used in the disease management program. The pharmacy and therapeutics committee or the administrator will revise the preferred drug list annually or as needed, to be determined by new drug approvals, recalls, or new scientific evidence that may change a given drug's status or use, or as necessary to meet the objectives of this act. Each state agency that purchases or provides health care services must adopt the preferred drug list consistent with the scope of benefits offered through programs administered by that agency;

(7) Directly or through interagency agreement, distribute the initial preferred drug list, and any subsequent revisions, to every provider with prescriptive authority with whom an agency has a core provider agreement, including with it a description of how the list was developed, how it will be used, and requesting his or her endorsement;

(8) Ensure that a prescriber who does not endorse the list must do so in writing to the administrator and is subject to prior authorization as provided in section 6(2) of this act;

(9) Require any pharmacist filling a prescription under the preferred drug program established under section 3 or 10 of this act from a prescriber who has endorsed the preferred drug list to substitute a preferred drug for any nonpreferred drug in a given therapeutic category, unless the prescriber has indicated on the prescription that the nonpreferred drug must be dispensed as written, in which case the pharmacist must dispense the nonpreferred drug as written. When a substitution is made, or a preferred drug within a therapeutic class changes, the prescriber will be notified in writing by the dispensing pharmacist of the specific drug and dose dispensed;

(10) The administrator must either provide each pharmacy with a listing of the prescribers who have endorsed the preferred drug list or include that information in the electronic claim adjudication system of each state drug purchasing program so that the pharmacist may easily determine when substitution of a preferred drug has been authorized.

NEW SECTION. Sec. 4. A new section is added to chapter 41.05 RCW to read as follows:

To complement the preferred drug program established in section 3 of this act, the administrator must, in concert with state agencies involved in state purchased health care:

(1) Implement a program of academic detailing and client counterdetailing that educates physicians and other prescribers, and clients of state purchased health care, on the cost-effective utilization of prescription drugs on the preferred drug list;

(2) By July 1, 2004, use electronic drug claims processing and information retrieval systems to analyze pharmacy and medical claims to identify those prescribers who request that prescriptions for nonpreferred drugs be dispensed as written on a more frequent basis than their peers. In consultation with the Washington state medical association and other prescriber organizations, the administrator must develop strategies to provide early educational information to the identified prescribers as needed to improve prescribing practices and prescription drug utilization. If a substantial number of prescribers in a peer group are frequently prescribing nonpreferred drugs in one or more therapeutic class, the administrator must provide the pharmacy and therapeutics committee created under section 5 of this act with information on these prescribing patterns to enable the committee to review their recommendations related to affected therapeutic classes;

(3) Conduct a feasibility study of developing a system to periodically provide a complete drug profile of persons covered through state purchased health care programs to health care providers caring for those persons; and

(4) Appoint an advisory committee of prescribers and consumers to provide input on the design and implementation of the education and outreach programs authorized under this section. The advisory committee shall contain at least three consumers representing individuals with a chronic disease, the elderly, and racial or ethnic minorities.

NEW SECTION. Sec. 5. A new section is added to chapter 41.05 RCW to read as follows:

(1) A pharmacy and therapeutics committee is established to assist the administrator, and other agencies involved in state purchased health care, in the development and implementation of a preferred drug program.

(2) The committee consists of nine members, to be appointed by the governor as follows:

(a) Four physicians licensed under chapter 18.57 or 18.71 RCW in this state and actively engaged in the practice of medicine, at least one of whom is employed by a carrier as defined in RCW 48.43.005, chosen from a list of nominees provided by the Washington state medical association, and at least one of whom must have significant experience in serving racial and ethnic minority communities;

(b) One advanced registered nurse practitioner licensed in this state and actively engaged in the practice of nursing chosen from a list of nominees provided by the Washington state nurses association;

(c) Three pharmacists licensed in this state and actively engaged in the practice of pharmacy chosen from a list of nominees provided by the Washington state pharmacists association; and

(d) One person with background experience, education, or expertise in pharmacoeconomics.

(3) No member of the committee may be employed by a pharmaceutical manufacturer, or be employed by any agency administering "state purchased health care," as defined in RCW 41.05.011. As a condition of appointment to the committee, each member must disclose any potential conflict of interest, including receipt of any remuneration, grants, or other compensation from a pharmaceutical manufacturer.

(4) Committee members serve staggered three-year terms. Of the initial members, one physician, the advanced registered nurse practitioner, and one pharmacist must each be appointed for two-year terms, and one physician and one pharmacist must each be appointed for one-year terms. The remaining committee members must be appointed for three-year terms. Members may be reappointed for a period not to exceed two three-year terms. Vacancies on the committee must be filled for the balance of the unexpired term from nominee lists for the appropriate committee category as provided under subsection (2) of this section.

(5) Committee members must select a chair and a vice-chair on an annual basis from the committee membership.

(6) The administrator must enter into a confidentiality agreement with any private contractor or state employee who has access to proprietary or confidential nonpublished data that is in the custody of the pharmacy and therapeutics committee established under this section. The failure of any contractor to adhere to the terms of the confidentiality agreement is grounds for termination of the contract by the administrator. Unauthorized disclosure of proprietary or confidential nonpublished data by any contractor or their employee, or by any employee of a state agency, is punishable as a class C felony.

(7) The authority shall provide staff support to the committee. Committee members shall be compensated for their service and shall be reimbursed for expenses pursuant to RCW 43.03.050 and 43.03.060.

(8) The members of the committee are immune from civil liability for any official acts performed in good faith as members of the committee.

(9) The committee must:

(a) Recommend to the administrator, and other agencies involved in state purchased health care, which drugs should be identified as preferred drugs from among those determined, pursuant to section 3(4) of this act, to be essentially equal in terms of safety, efficacy, and outcomes. In updating the preferred drug list, the pharmacy and therapeutics committee shall complete its review and submit recommendations to the administrator within one hundred twenty days from the date of receipt of the dossier under section 3 of this act. In making these recommendations, the committee must consider, among other factors, the relative cost-effectiveness of the drugs being considered, and the impact of each drug on the state's overall health care expenditures.

(b) Make recommendations regarding the rules to be adopted by the administrator and other state agencies involved in state purchased health care to implement the preferred drug program; and

(c) Make recommendations regarding the preferred drug list development and review process, and program implementation, as necessary to achieve the objectives of this act.

NEW SECTION. Sec. 6. A new section is added to chapter 41.05 RCW to read as follows:

The administrator must design, in concert with state agencies involved in state purchased fee-for-service health care, a uniform drug utilization review program for state purchased health care that meets the requirement of Title XIX of the social security act. Each state agency that purchases or provides health care services must adopt the uniform drug utilization review program for its fee-for-service purchasing consistent with the scope of benefits offered through programs administered by that agency, and may implement it directly or by contract or interagency agreement. The program must include but is not limited to prescription drug review, management, and education, including prospective, concurrent, and retrospective review. The program shall improve the quality of pharmaceutical care by ensuring that prescription drugs provided through state purchased fee-for-service health care programs advance quality clinical outcomes and are appropriate, medically necessary, and not likely to produce adverse medical results. Drugs exempted from the preferred drug list under section 3(3) of this act may be included in the drug utilization review program. The program also must identify clients utilizing large numbers of prescription drugs, and develop strategies to enhance coordination of care for these individuals.

(1) The administrator shall establish a drug utilization review committee either directly or through a contract with a private organization to assist in development and implementation of the drug utilization review program. The committee must be composed primarily of actively practicing health care professionals licensed to practice in the state of Washington and must include at least one person representing consumers of state purchased health care. Additional specialty expertise must be obtained as needed. Employees of agencies that purchase health services cannot be a member of the drug utilization review committee but will provide staff support to the committee. Upon establishment of the committee, the department of social and health services shall disband the drug utilization review committee under the medical assistance administration.

(2) The administrator and state purchased health care programs may use prior authorization as a means of concurrent drug utilization review.

(a) Upon incorporation of a therapeutic class into the preferred drug list, existing prior authorization procedures applicable to that therapeutic class shall cease, and the prior authorization provisions of this section shall apply.

(b) A drug in a class that has been reviewed for the preferred drug list established under section 3 of this act may be subject to prior authorization in only limited circumstances, based upon factors such as the relative cost-effectiveness of the drug, and whether the drug has a narrow therapeutic indication, presents a risk of inappropriate utilization, or poses significant safety concerns. Consideration of the cost-effectiveness of a drug cannot be based solely upon the price of the drug itself.

(c) A drug newly approved by the federal food and drug administration that has not yet been reviewed under section 3 of this act may be subject to prior authorization only where clinically indicated to avoid health risks to patients. Drugs identified in section 3(3) of this act may be subject to prior authorization where clinically indicated.

(d) Any prior authorization process must include clear standards and procedures for a process to ensure consumer access to medically necessary drugs. No preferred drug list can account for every therapeutic eventuality or unique patient need. Prior authorization procedures must neither pose a substantial barrier to the prescribing health care professional nor hinder the consumer's ability to receive necessary medication in a safe and timely manner. A prior authorization program must provide for: (i) A response within twenty-four hours after receipt of a request for prior authorization; and (ii) the dispensing of at least a seventy-two hour supply of the requested drug in an emergency situation.

(e) A prescriber who does not endorse the preferred drug list is subject to a broader scope of prior authorization as determined by the agency administering a state purchased health care program.

(3) Nothing in chapter 42.30 RCW prevents the drug utilization review committee from holding an executive session during a regular or special meeting of the committee to review and discuss proprietary or confidential nonpublished data that relates to development or implementation of the drug utilization review program.

(4) The administrator must enter into a confidentiality agreement with any private contractor or state employee who has access to proprietary or confidential nonpublished data that is in the custody of any drug utilization review committee established under this section. The failure of any contractor to adhere to the terms of the confidentiality agreement is grounds for termination of the contract by the administrator. Unauthorized disclosure of proprietary or confidential nonpublished data by any contractor or their employee, or by any employee of a state agency, is punishable as a class C felony.

(5) A person who serves on a drug utilization review committee established under this section is immune from civil liability for actions taken in good faith as a member of the committee.

Sec. 7. RCW 42.30.110 and 2001 c 216 s 1 are each amended to read as follows:

(1) Nothing contained in this chapter may be construed to prevent a governing body from holding an executive session during a regular or special meeting:

(a) To consider matters affecting national security;

(b) To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price;

(c) To consider the minimum price at which real estate will be offered for sale or lease when public knowledge regarding such consideration would cause a likelihood of decreased price. However, final action selling or leasing public property shall be taken in a meeting open to the public;

(d) To review negotiations on the performance of publicly bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs;

(e) To consider, in the case of an export trading company, financial and commercial information supplied by private persons to the export trading company;

(f) To receive and evaluate complaints or charges brought against a public officer or employee. However, upon the request of such officer or employee, a public hearing or a meeting open to the public shall be conducted upon such complaint or charge;

(g) To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. However, subject to RCW 42.30.140(4), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public;

(h) To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public;

(i) To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency.

This subsection (1)(i) does not permit a governing body to hold an executive session solely because an attorney representing the agency is present. For purposes of this subsection (1)(i), "potential litigation" means matters protected by RPC 1.6 or RCW 5.60.060(2)(a) concerning:

(A) Litigation that has been specifically threatened to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party;

(B) Litigation that the agency reasonably believes may be commenced by or against the agency, the governing body, or a member acting in an official capacity; or

(C) Litigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency;

(j) To consider, in the case of the state library commission or its advisory bodies, western library network prices, products, equipment, and services, when such discussion would be likely to adversely affect the network's ability to conduct business in a competitive economic climate. However, final action on these matters shall be taken in a meeting open to the public;

(k) To consider, in the case of the state investment board, financial and commercial information when the information relates to the investment of public trust or retirement funds and when public knowledge regarding the discussion would result in loss to such funds or in private loss to the providers of this information;

(l) To consider, in the case of the pharmacy and therapeutics committee established in section 5 of this act or the drug utilization review committee established in section 6 of this act, proprietary or confidential nonpublished information that relates to the development or revision of the preferred drug list, the designation of a drug for prior authorization, or the conduct of the drug utilization review program.

(2) Before convening in executive session, the presiding officer of a governing body shall publicly announce the purpose for excluding the public from the meeting place, and the time when the executive session will be concluded. The executive session may be extended to a stated later time by announcement of the presiding officer.

Sec. 8. RCW 41.05.026 and 1991 c 79 s 1 are each amended to read as follows:

(1) When soliciting proposals for the purpose of awarding contracts for goods or services, the administrator shall, upon written request by the bidder, exempt from public inspection and copying such proprietary data, trade secrets, or other information contained in the bidder's proposal that relate to the bidder's unique methods of conducting business or of determining prices or premium rates to be charged for services under terms of the proposal.

(2) Actuarial formulas, statistics, cost and utilization data, or other proprietary information submitted upon request of the administrator or board by a contracting insurer, health care service contractor, health maintenance organization, or vendor may be withheld at any time from public inspection when necessary to preserve trade secrets or prevent unfair competition.

(3) Proprietary information submitted upon request of the administrator or the pharmacy and therapeutics committee established under section 5 of this act by any vendor or pharmaceutical manufacturer for the purpose of analyzing and developing prescription drug education and utilization systems, a preferred drug list, a drug utilization review program, and consolidated prescription drug purchasing for state purchased health care programs may be withheld at any time from public inspection when necessary to preserve trade secrets or prevent unfair competition.

(4) The board, the pharmacy and therapeutics committee established in section 5 of this act, or the drug utilization review committee established in section 6 of this act may hold an executive session in accordance with chapter 42.30 RCW during any regular or special meeting to discuss information submitted in accordance with subsection (1) ((or)), (2), or (3) of this section.

(5) A person who challenges a request for or designation of information as exempt under this section is entitled to seek judicial review pursuant to chapter 42.17 RCW.

Sec. 9. RCW 42.17.310 and 2001 c 278 s 1, 2001 c 98 s 2, and 2001 c 70 s 1 are each reenacted and amended to read as follows: