SIXTY SECOND LEGISLATURE - FIRST SPECIAL SESSION
TWENTY EIGHTH DAY
House Chamber, Olympia, Monday, May 23, 2011
The House was called to order at 10:00 a.m. by the Speaker (Representative Roberts presiding). The Clerk called the roll and a quorum was present.
The flags were escorted to the rostrum by Representative Brian Blake and Representative Dean Takko. The Speaker (Representative Roberts presiding) led the Chamber in the Pledge of Allegiance. The prayer was offered by Reverend Tammi Stampfli, United Churches of Olympia, Washington.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
The Speaker (Representative Roberts presiding) called upon Representative Moeller to preside.
MESSAGES FROM THE SENATE
May 22, 2011
MR. SPEAKER:
The President has signed SENATE BILL 5956 and the same is herewith transmitted.
Thomas Hoemann, Secretary
May 22, 2011
MR. SPEAKER:
The Senate concurred in the House amendment(s) to the following bills and passed the bills as amended by the House:
ENGROSSED SECOND SUBSTITUTE SENATE BILL 5182
SENATE BILL 5941
SENATE JOINT RESOLUTION 8206
and the same are herewith transmitted.
Thomas Hoemann, Secretary
There being no objection, the House advanced to the seventh order of business.
THIRD READING
MESSAGE FROM THE SENATE
May 20, 2011
Mr. Speaker:
The Senate has passed ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1371with the following amendment:
Strike everything after the enacting clause and insert the following:
"PART I - AGENCY SPECIFIC PROVISIONS
Eastern State Hospital Board and Western State Hospital Board
Sec. 1. RCW 72.23.025 and 2006 c 333 s 204 are each amended to read as follows:
(1) It is the intent of the
legislature to improve the quality of service at state hospitals, eliminate
overcrowding, and more specifically define the role of the state hospitals.
The legislature intends that eastern and western state hospitals shall become
clinical centers for handling the most complicated long-term care needs of
patients with a primary diagnosis of mental disorder. To this end, the legislature
intends that funds appropriated for mental health programs, including funds for
regional support networks and the state hospitals be used for persons with
primary diagnosis of mental disorder. The legislature finds that establishment
of ((the eastern state hospital board, the western state hospital board, and))
institutes for the study and treatment of mental disorders at both eastern
state hospital and western state hospital will be instrumental in implementing
the legislative intent.
(2)(((a) The eastern
state hospital board and the western state hospital board are each
established. Members of the boards shall be appointed by the governor with the
consent of the senate. Each board shall include:
(i) The director of the institute for the study and treatment of mental
disorders established at the hospital;
(ii) One family member of a current or recent hospital resident;
(iii) One consumer of services;
(iv) One community mental health service provider;
(v) Two citizens with no financial or professional interest in mental
health services;
(vi) One representative of the regional support network in which the
hospital is located;
(vii) One representative from the staff who is a physician;
(viii) One representative from the nursing staff;
(ix) One representative from the other professional staff;
(x) One representative from the nonprofessional staff; and
(xi) One representative of a minority community.
(b) At least one representative listed in (a)(viii), (ix), or (x) of this
subsection shall be a union member.
(c) Members shall serve four-year terms. Members of the board shall be
reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060 and
shall receive compensation as provided in RCW 43.03.240.
(3) The boards established under this section shall:
(a) Monitor the operation and activities of the hospital;
(b) Review and advise on the hospital budget;
(c) Make recommendations to the governor and the legislature for
improving the quality of service provided by the hospital;
(d) Monitor and review the activities of the hospital in implementing the
intent of the legislature set forth in this section; and
(e) Consult with the secretary regarding persons the secretary may select
as the superintendent of the hospital whenever a vacancy occurs.
(4))) (a) There is established at eastern state hospital and western
state hospital, institutes for the study and treatment of mental disorders.
The institutes shall be operated by joint operating agreements between state
colleges and universities and the department of social and health services.
The institutes are intended to conduct training, research, and clinical program
development activities that will directly benefit ((mentally ill)) persons with
mental illness who are receiving treatment in Washington state by
performing the following activities:
(i) Promote recruitment and retention of highly qualified professionals at the state hospitals and community mental health programs;
(ii) Improve clinical care by exploring new, innovative, and scientifically based treatment models for persons presenting particularly difficult and complicated clinical syndromes;
(iii) Provide expanded training opportunities for existing staff at the state hospitals and community mental health programs;
(iv) Promote bilateral understanding of treatment orientation, possibilities, and challenges between state hospital professionals and community mental health professionals.
(b) To accomplish these purposes the institutes may, within funds appropriated for this purpose:
(i) Enter joint operating agreements with state universities or other institutions of higher education to accomplish the placement and training of students and faculty in psychiatry, psychology, social work, occupational therapy, nursing, and other relevant professions at the state hospitals and community mental health programs;
(ii) Design and implement clinical research projects to improve the quality and effectiveness of state hospital services and operations;
(iii) Enter into agreements with community mental health service providers to accomplish the exchange of professional staff between the state hospitals and community mental health service providers;
(iv) Establish a student loan forgiveness and conditional scholarship program to retain qualified professionals at the state hospitals and community mental health providers when the secretary has determined a shortage of such professionals exists.
(c) Notwithstanding any other provisions of law to the contrary, the institutes may enter into agreements with the department or the state hospitals which may involve changes in staffing necessary to implement improved patient care programs contemplated by this section.
(d) The institutes are authorized to seek and accept public or private gifts, grants, contracts, or donations to accomplish their purposes under this section.
Firearms Range Advisory Committee
NEW SECTION. Sec. 2. RCW 79A.25.220 (Firearms range advisory committee) and 2007 c 241 s 55, 1993 sp.s. c 2 s 71, & 1990 c 195 s 3 are each repealed.
Home Care Quality Authority
NEW SECTION. Sec. 3. The following acts or parts of acts are each repealed:
(1) RCW 70.127.041 (Home care quality authority not subject to regulation) and 2002 c 3 s 13;
(2) RCW 74.39A.230 (Authority created) and 2002 c 3 s 2; and
(3) RCW 74.39A.280 (Powers) and 2002 c 3 s 7.
NEW SECTION. Sec. 4. RCW 74.39A.290 is decodified.
Sec. 5. RCW 74.39A.095 and 2009 c 580 s 8 are each amended to read as follows:
(1) In carrying out case management responsibilities established under RCW 74.39A.090 for consumers who are receiving services under the medicaid personal care, community options programs entry system or chore services program through an individual provider, each area agency on aging shall provide oversight of the care being provided to consumers receiving services under this section to the extent of available funding. Case management responsibilities incorporate this oversight, and include, but are not limited to:
(a) Verification that
any individual provider ((who has not been referred to a consumer by the
authority)) has met any training requirements established by the
department;
(b) Verification of a sample of worker time sheets;
(c) Monitoring the consumer's plan of care to verify that it adequately meets the needs of the consumer, through activities such as home visits, telephone contacts, and responses to information received by the area agency on aging indicating that a consumer may be experiencing problems relating to his or her home care;
(d) Reassessing and reauthorizing services;
(e) Monitoring of individual provider performance((. If, in the course of its case management activities, the area agency on aging identifies concerns regarding the care being provided by an individual provider who was referred by the authority, the area agency on aging must notify the authority regarding its concerns)); and
(f) Conducting criminal
background checks or verifying that criminal background checks have been
conducted for any individual provider ((who has not been referred to a
consumer by the authority)). Individual providers who are hired after
January 1, 2012, are subject to background checks under RCW 74.39A.055.
(2) The area agency on aging case manager shall work with each consumer to develop a plan of care under this section that identifies and ensures coordination of health and long-term care services that meet the consumer's needs. In developing the plan, they shall utilize, and modify as needed, any comprehensive community service plan developed by the department as provided in RCW 74.39A.040. The plan of care shall include, at a minimum:
(a) The name and telephone number of the consumer's area agency on aging case manager, and a statement as to how the case manager can be contacted about any concerns related to the consumer's well-being or the adequacy of care provided;
(b) The name and telephone numbers of the consumer's primary health care provider, and other health or long-term care providers with whom the consumer has frequent contacts;
(c) A clear description of the roles and responsibilities of the area agency on aging case manager and the consumer receiving services under this section;
(d) The duties and tasks to be performed by the area agency on aging case manager and the consumer receiving services under this section;
(e) The type of in-home services authorized, and the number of hours of services to be provided;
(f) The terms of compensation of the individual provider;
(g) A statement by the individual provider that he or she has the ability and willingness to carry out his or her responsibilities relative to the plan of care; and
(h)(i) Except as provided in (h)(ii) of this subsection, a clear statement indicating that a consumer receiving services under this section has the right to waive any of the case management services offered by the area agency on aging under this section, and a clear indication of whether the consumer has, in fact, waived any of these services.
(ii) The consumer's right to waive case management services does not include the right to waive reassessment or reauthorization of services, or verification that services are being provided in accordance with the plan of care.
(3) Each area agency on aging shall retain a record of each waiver of services included in a plan of care under this section.
(4) Each consumer has the right to direct and participate in the development of their plan of care to the maximum practicable extent of their abilities and desires, and to be provided with the time and support necessary to facilitate that participation.
(5) A copy of the plan of care must be distributed to the consumer's primary care provider, individual provider, and other relevant providers with whom the consumer has frequent contact, as authorized by the consumer.
(6) The consumer's plan of care shall be an attachment to the contract between the department, or their designee, and the individual provider.
(7) If the department or
area agency on aging case manager finds that an individual provider's
inadequate performance or inability to deliver quality care is jeopardizing the
health, safety, or well-being of a consumer receiving service under this
section, the department or the area agency on aging may take action to
terminate the contract between the department and the individual provider. If
the department or the area agency on aging has a reasonable, good faith belief
that the health, safety, or well-being of a consumer is in imminent jeopardy,
the department or area agency on aging may summarily suspend the contract
pending a fair hearing. The consumer may request a fair hearing to contest the
planned action of the case manager, as provided in chapter 34.05 RCW. ((When
the department or area agency on aging terminates or summarily suspends a
contract under this subsection, it must provide oral and written notice of the
action taken to the authority.)) The department may by rule adopt
guidelines for implementing this subsection.
(8) The department or area agency on aging may reject a request by a consumer receiving services under this section to have a family member or other person serve as his or her individual provider if the case manager has a reasonable, good faith belief that the family member or other person will be unable to appropriately meet the care needs of the consumer. The consumer may request a fair hearing to contest the decision of the case manager, as provided in chapter 34.05 RCW. The department may by rule adopt guidelines for implementing this subsection.
Sec. 6. RCW 74.39A.220 and 2002 c 3 s 1 are each amended to read as follows:
The people of the state of Washington find as follows:
(1) Thousands of Washington seniors and persons with disabilities live independently in their own homes, which they prefer and is less costly than institutional care such as nursing homes.
(2) Many Washington seniors and persons with disabilities currently receive long-term in-home care services from individual providers hired directly by them under the medicaid personal care, community options programs entry system, or chore services program.
(3) Quality long-term in-home care services allow Washington seniors, persons with disabilities, and their families the choice of allowing seniors and persons with disabilities to remain in their homes, rather than forcing them into institutional care such as nursing homes. Long-term in-home care services are also less costly, saving Washington taxpayers significant amounts through lower reimbursement rates.
(((4) The quality of
long-term in-home care services in Washington would benefit from improved
regulation, higher standards, better accountability, and improved access to
such services. The quality of long-term in-home care services would further be
improved by a well- trained, stable individual provider workforce earning
reasonable wages and benefits.
(5) Washington seniors and persons with disabilities would benefit from
the establishment of an authority that has the power and duty to regulate and
improve the quality of long-term in-home care services.
(6) The authority should ensure that the quality of long-term in- home
care services provided by individual providers is improved through better
regulation, higher standards, increased accountability, and the enhanced
ability to obtain services. The authority should also encourage stability in
the individual provider workforce through collective bargaining and by
providing training opportunities.))
Sec. 7. RCW 74.39A.240 and 2002 c 3 s 3 are each amended to read as follows:
The definitions in this
section apply throughout RCW 74.39A.030 and 74.39A.095 and 74.39A.220 through
74.39A.300, and 41.56.026((, 70.127.041, and 74.09.740)) unless
the context clearly requires otherwise.
(1)
(("Authority" means the home care quality authority.
(2) "Board" means the board created under RCW 74.39A.230.
(3))) "Consumer" means a person to whom an individual provider
provides any such services.
(((4))) (2)
"Department" means the department of social and health services.
(3) "Individual provider" means a person, including a
personal aide, who has contracted with the department to provide personal care
or respite care services to functionally disabled persons under the medicaid
personal care, community options program entry system, chore services program,
or respite care program, or to provide respite care or residential services and
support to persons with developmental disabilities under chapter 71A.12 RCW, or
to provide respite care as defined in RCW 74.13.270.
Sec. 8. RCW 74.39A.250 and 2002 c 3 s 4 are each amended to read as follows:
(1) ((The authority must
carry out the following duties:
(a) Establish qualifications and reasonable standards for accountability
for and investigate the background of individual providers and prospective
individual providers, except in cases where, after the department has sought
approval of any appropriate amendments or waivers under RCW 74.09.740, federal
law or regulation requires that such qualifications and standards for
accountability be established by another entity in order to preserve
eligibility for federal funding. Qualifications established must include
compliance with the minimum requirements for training and satisfactory criminal
background checks as provided in RCW 74.39A.050 and confirmation that the
individual provider or prospective individual provider is not currently listed
on any long-term care abuse and neglect registry used by the department at the
time of the investigation;
(b) Undertake recruiting activities to identify and recruit individual
providers and prospective individual providers;
(c) Provide training opportunities, either directly or through contract,
for individual providers, prospective individual providers, consumers, and
prospective consumers;
(d))) The department shall provide assistance to consumers and
prospective consumers in finding individual providers and prospective
individual providers through the establishment of a referral registry of
individual providers and prospective individual providers. Before placing an
individual provider or prospective individual provider on the referral
registry, the ((authority)) department shall determine that:
(((i))) (a)
The individual provider or prospective individual provider has met the minimum
requirements for training set forth in RCW 74.39A.050;
(((ii))) (b)
The individual provider or prospective individual provider has satisfactorily
undergone a criminal background check conducted within the prior twelve months;
and
(((iii))) (c)
The individual provider or prospective individual provider is not listed on any
long-term care abuse and neglect registry used by the department((;
(e) Remove)).
(2) The department shall remove from the referral registry any
individual provider or prospective individual provider ((the authority
determines)) that does not ((to)) meet the qualifications set
forth in (((d) of this)) subsection (1) of this section or to
have committed misfeasance or malfeasance in the performance of his or her
duties as an individual provider. The individual provider or prospective
individual provider, or the consumer to which the individual provider is
providing services, may request a fair hearing to contest the removal from the
referral registry, as provided in chapter 34.05 RCW((;
(f))) (3) The department shall provide routine, emergency,
and respite referrals of individual providers and prospective individual
providers to consumers and prospective consumers who are authorized to receive
long-term in-home care services through an individual provider((;
(g))).
(4) The department shall give preference in the recruiting,
training, referral, and employment of individual providers and prospective
individual providers to recipients of public assistance or other low-income persons
who would qualify for public assistance in the absence of such employment((;
and
(h) Cooperate with the department, area agencies on aging, and other
federal, state, and local agencies to provide the services described and set
forth in this section. If, in the course of carrying out its duties, the
authority identifies concerns regarding the services being provided by an
individual provider, the authority must notify the relevant area agency or
department case manager regarding such concerns.
(2) In determining how best to carry out its duties, the authority
must identify existing individual provider recruitment, training, and referral
resources made available to consumers by other state and local public, private,
and nonprofit agencies. The authority may coordinate with the agencies to
provide a local presence for the authority and to provide consumers greater
access to individual provider recruitment, training, and referral resources in
a cost-effective manner. Using requests for proposals or similar processes,
the authority may contract with the agencies to provide recruitment, training,
and referral services if the authority determines the agencies can provide the
services according to reasonable standards of performance determined by the
authority. The authority must provide an opportunity for consumer
participation in the determination of the standards)).
Sec. 9. RCW 74.39A.260 and 2009 c 580 s 9 are each amended to read as follows:
The department must
perform criminal background checks for individual providers and prospective
individual providers ((and ensure that the authority has ready access to any
long-term care abuse and neglect registry used by the department)).
Individual providers who are hired after January 1, 2012, are subject to
background checks under RCW 74.39A.055.
Sec. 10. RCW 74.39A.270 and 2007 c 361 s 7 and 2007 c 278 s 3 are each reenacted and amended to read as follows:
(1) Solely for the
purposes of collective bargaining and as expressly limited under subsections
(2) and (3) of this section, the governor is the public employer, as defined in
chapter 41.56 RCW, of individual providers, who, solely for the purposes of
collective bargaining, are public employees as defined in chapter 41.56 RCW.
To accommodate the role of the state as payor for the community-based services
provided under this chapter and to ensure coordination with state employee
collective bargaining under chapter 41.80 RCW and the coordination necessary to
implement RCW 74.39A.300, the public employer shall be represented for
bargaining purposes by the governor or the governor's designee appointed under
chapter 41.80 RCW. The governor or governor's designee shall periodically
consult with the authority during the collective bargaining process to allow
the authority to communicate issues relating to the long-term in-home care
services received by consumers. ((The governor or the governor's designee
shall consult the authority on all issues for which the exclusive bargaining
representative requests to engage in collective bargaining under subsections
(6) and (7) of this section.)) The ((authority)) department
shall ((work with)) solicit input from the developmental
disabilities council, the governor's committee on disability issues and
employment, the state council on aging, and other consumer advocacy
organizations to obtain informed input from consumers on their interests,
including impacts on consumer choice, for all issues proposed for collective bargaining
under subsections (5) and (6) ((and (7))) of this section.
(2) Chapter 41.56 RCW governs the collective bargaining relationship between the governor and individual providers, except as otherwise expressly provided in this chapter and except as follows:
(a) The only unit appropriate for the purpose of collective bargaining under RCW 41.56.060 is a statewide unit of all individual providers;
(b) The showing of interest required to request an election under RCW 41.56.060 is ten percent of the unit, and any intervener seeking to appear on the ballot must make the same showing of interest;
(c) The mediation and interest arbitration provisions of RCW 41.56.430 through 41.56.470 and 41.56.480 apply, except that:
(i) With respect to commencement of negotiations between the governor and the bargaining representative of individual providers, negotiations shall be commenced by May 1st of any year prior to the year in which an existing collective bargaining agreement expires; and
(ii) The decision of the arbitration panel is not binding on the legislature and, if the legislature does not approve the request for funds necessary to implement the compensation and fringe benefit provisions of the arbitrated collective bargaining agreement, is not binding on the authority or the state;
(d) Individual providers do not have the right to strike; and
(e) Individual providers who are related to, or family members of, consumers or prospective consumers are not, for that reason, exempt from this chapter or chapter 41.56 RCW.
(3) Individual providers who are public employees solely for the purposes of collective bargaining under subsection (1) of this section are not, for that reason, employees of the state, its political subdivisions, or an area agency on aging for any purpose. Chapter 41.56 RCW applies only to the governance of the collective bargaining relationship between the employer and individual providers as provided in subsections (1) and (2) of this section.
(4) Consumers and prospective consumers retain the right to select, hire, supervise the work of, and terminate any individual provider providing services to them. Consumers may elect to receive long-term in-home care services from individual providers who are not referred to them by the authority.
(5) ((In implementing
and administering this chapter, neither the authority nor any of its
contractors may reduce or increase the hours of service for any consumer below
or above the amount determined to be necessary under any assessment prepared by
the department or an area agency on aging.
(6))) Except as expressly limited in this section and RCW 74.39A.300, the
wages, hours, and working conditions of individual providers are determined
solely through collective bargaining as provided in this chapter. No agency or
department of the state may establish policies or rules governing the wages or
hours of individual providers. However, this subsection does not modify:
(a) The department's authority to establish a plan of care for each consumer or its core responsibility to manage long-term in-home care services under this chapter, including determination of the level of care that each consumer is eligible to receive. However, at the request of the exclusive bargaining representative, the governor or the governor's designee appointed under chapter 41.80 RCW shall engage in collective bargaining, as defined in RCW 41.56.030(4), with the exclusive bargaining representative over how the department's core responsibility affects hours of work for individual providers. This subsection shall not be interpreted to require collective bargaining over an individual consumer's plan of care;
(b) The department's authority to terminate its contracts with individual providers who are not adequately meeting the needs of a particular consumer, or to deny a contract under RCW 74.39A.095(8);
(c) The consumer's right to assign hours to one or more individual providers selected by the consumer within the maximum hours determined by his or her plan of care;
(d) The consumer's right to select, hire, terminate, supervise the work of, and determine the conditions of employment for each individual provider providing services to the consumer under this chapter;
(e) The department's obligation to comply with the federal medicaid statute and regulations and the terms of any community-based waiver granted by the federal department of health and human services and to ensure federal financial participation in the provision of the services; and
(f) The legislature's
right to make programmatic modifications to the delivery of state services
under this title, including standards of eligibility of consumers and
individual providers participating in the programs under this title, and the
nature of services provided. The governor shall not enter into, extend, or
renew any agreement under this chapter that does not expressly reserve the
legislative rights described in this subsection (((6))) (5)(f).
(((7))) (6)
At the request of the exclusive bargaining representative, the governor or the
governor's designee appointed under chapter 41.80 RCW shall engage in
collective bargaining, as defined in RCW 41.56.030(4), with the exclusive
bargaining representative over employer contributions to the training
partnership for the costs of: (a) Meeting all training and peer mentoring
required under this chapter; and (b) other training intended to promote the
career development of individual providers.
(((8)(a))) (7)
The state, the department, ((the authority,)) the area agencies on
aging, or their contractors under this chapter may not be held vicariously or
jointly liable for the action or inaction of any individual provider or
prospective individual provider, whether or not that individual provider or
prospective individual provider was included on the ((authority's))
referral registry or referred to a consumer or prospective consumer. The
existence of a collective bargaining agreement, the placement of an individual
provider on the referral registry, or the development or approval of a plan of
care for a consumer who chooses to use the services of an individual provider
and the provision of case management services to that consumer, by the
department or an area agency on aging, does not constitute a special relationship
with the consumer.
(((b) The members of
the board are immune from any liability resulting from implementation of this
chapter.
(9))) (8) Nothing in this section affects the state's
responsibility with respect to unemployment insurance for individual
providers. However, individual providers are not to be considered, as a result
of the state assuming this responsibility, employees of the state.
Sec. 11. RCW 41.56.030 and 2010 c 296 s 3 are each reenacted and amended to read as follows:
As used in this chapter:
(1) "Adult family home provider" means a provider as defined in RCW 70.128.010 who receives payments from the medicaid and state-funded long-term care programs.
(2) "Bargaining representative" means any lawful organization which has as one of its primary purposes the representation of employees in their employment relations with employers.
(3) "Child care subsidy" means a payment from the state through a child care subsidy program established pursuant to RCW 74.12.340 or 74.08A.340, 45 C.F.R. Sec. 98.1 through 98.17, or any successor program.
(4) "Collective bargaining" means the performance of the mutual obligations of the public employer and the exclusive bargaining representative to meet at reasonable times, to confer and negotiate in good faith, and to execute a written agreement with respect to grievance procedures and collective negotiations on personnel matters, including wages, hours and working conditions, which may be peculiar to an appropriate bargaining unit of such public employer, except that by such obligation neither party shall be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this chapter.
(5) "Commission" means the public employment relations commission.
(6) "Executive director" means the executive director of the commission.
(7) "Family child care provider" means a person who: (a) Provides regularly scheduled care for a child or children in the home of the provider or in the home of the child or children for periods of less than twenty-four hours or, if necessary due to the nature of the parent's work, for periods equal to or greater than twenty-four hours; (b) receives child care subsidies; and (c) is either licensed by the state under RCW 74.15.030 or is exempt from licensing under chapter 74.15 RCW.
(8) (("Home care
quality authority" means the authority under chapter 74.39A RCW.
(9))) "Individual provider" means an individual provider
as defined in RCW 74.39A.240(4) who, solely for the purposes of collective
bargaining, is a public employee as provided in RCW 74.39A.270.
(((10))) (9)
"Institution of higher education" means the University of Washington,
Washington State University, Central Washington University, Eastern Washington
University, Western Washington University, The Evergreen State College, and the
various state community colleges.
(((11))) (10)(a)
"Language access provider" means any independent contractor who
provides spoken language interpreter services for department of social and
health services appointments or medicaid enrollee appointments, or provided
these services on or after January 1, 2009, and before June 10, 2010, whether
paid by a broker, language access agency, or the department.
(b) "Language access provider" does not mean an owner, manager, or employee of a broker or a language access agency.
(((12))) (11)
"Public employee" means any employee of a public employer except any
person (a) elected by popular vote, or (b) appointed to office pursuant to
statute, ordinance or resolution for a specified term of office as a member of
a multimember board, commission, or committee, whether appointed by the
executive head or body of the public employer, or (c) whose duties as deputy,
administrative assistant or secretary necessarily imply a confidential
relationship to (i) the executive head or body of the applicable bargaining
unit, or (ii) any person elected by popular vote, or (iii) any person appointed
to office pursuant to statute, ordinance or resolution for a specified term of
office as a member of a multimember board, commission, or committee, whether
appointed by the executive head or body of the public employer, or (d) who is a
court commissioner or a court magistrate of superior court, district court, or
a department of a district court organized under chapter 3.46 RCW, or (e) who
is a personal assistant to a district court judge, superior court judge, or
court commissioner. For the purpose of (e) of this subsection, no more than
one assistant for each judge or commissioner may be excluded from a bargaining
unit.
(((13))) (12)
"Public employer" means any officer, board, commission, council, or
other person or body acting on behalf of any public body governed by this
chapter, or any subdivision of such public body. For the purposes of this
section, the public employer of district court or superior court employees for
wage-related matters is the respective county legislative authority, or person
or body acting on behalf of the legislative authority, and the public employer
for nonwage-related matters is the judge or judge's designee of the respective
district court or superior court.
(((14))) (13)
"Uniformed personnel" means: (a) Law enforcement officers as defined
in RCW 41.26.030 employed by the governing body of any city or town with a
population of two thousand five hundred or more and law enforcement officers
employed by the governing body of any county with a population of ten thousand
or more; (b) correctional employees who are uniformed and nonuniformed, commissioned
and noncommissioned security personnel employed in a jail as defined in RCW
70.48.020(9), by a county with a population of seventy thousand or more, and
who are trained for and charged with the responsibility of controlling and
maintaining custody of inmates in the jail and safeguarding inmates from other
inmates; (c) general authority Washington peace officers as defined in RCW
10.93.020 employed by a port district in a county with a population of one
million or more; (d) security forces established under RCW 43.52.520; (e)
firefighters as that term is defined in RCW 41.26.030; (f) employees of a port
district in a county with a population of one million or more whose duties
include crash fire rescue or other firefighting duties; (g) employees of fire
departments of public employers who dispatch exclusively either fire or
emergency medical services, or both; or (h) employees in the several classes of
advanced life support technicians, as defined in RCW 18.71.200, who are
employed by a public employer.
Sec. 12. RCW 43.105.340 and 2008 c 151 s 2 are each amended to read as follows:
(1) The department shall coordinate among state agencies to develop a consumer protection web site. The web site shall serve as a one-stop web site for consumer information. At a minimum, the web site must provide links to information on:
(a) Insurance information provided by the office of the insurance commissioner, including information on how to file consumer complaints against insurance companies, how to look up authorized insurers, and how to learn more about health insurance benefits;
(b) Child care information provided by the department of early learning, including how to select a child care provider, how child care providers are rated, and information about product recalls;
(c) Financial information provided by the department of financial institutions, including consumer information on financial fraud, investing, credit, and enforcement actions;
(d) Health care information provided by the department of health, including health care provider listings and quality assurance information;
(e) Home care
information provided by the ((home care quality authority)) department,
including information to assist consumers in finding an in-home provider;
(f) Licensing information provided by the department of licensing, including information regarding business, vehicle, and professional licensing; and
(g) Other information available on existing state agency web sites that could be a helpful resource for consumers.
(2) By July 1, 2008, state agencies shall report to the department on whether they maintain resources for consumers that could be made available through the consumer protection web site.
(3) By September 1, 2008, the department shall make the consumer protection web site available to the public.
(4) After September 1, 2008, the department, in coordination with other state agencies, shall develop a plan on how to build upon the consumer protection web site to create a consumer protection portal. The plan must also include an examination of the feasibility of developing a toll-free information line to support the consumer protection portal. The plan must be submitted to the governor and the appropriate committees of the legislature by December 1, 2008.
Horse Racing Commission--Reducing Commission Members
Sec. 13. RCW 67.16.012 and 1998 c 345 s 4 are each amended to read as follows:
There is hereby created the
Washington horse racing commission, to consist of ((five)) three
commissioners, appointed by the governor and confirmed by the senate. The
commissioners shall be citizens, residents, and qualified electors of the state
of Washington, one of whom shall be a breeder of race horses and shall be of at
least one year's standing. The terms of the members shall be six years. Each
member shall hold office until his or her successor is appointed and
qualified. Vacancies in the office of commissioner shall be filled by
appointment to be made by the governor for the unexpired term. Any
commissioner may be removed at any time at the pleasure of the governor.
Before entering upon the duties of his or her office, each commissioner shall
enter into a surety company bond, to be approved by the governor and attorney
general, payable to the state of Washington, in the penal sum of five thousand
dollars, conditioned upon the faithful performance of his or her duties and the
correct accounting and payment of all sums received and coming within his or
her control under this chapter, and in addition thereto each commissioner shall
take and subscribe to an oath of office of the same form as that prescribed by
law for elective state officers.
Migratory Waterfowl Art Committee
NEW SECTION. Sec. 14. RCW 77.12.680 (Migratory waterfowl art committee‑-Membership‑-Terms‑-Vacancies‑-Chairman‑-Review of expenditures‑-Compensation) and 1987 c 506 s 54 & 1985 c 243 s 5 are each repealed.
Sec. 15. RCW 77.12.670 and 2002 c 283 s 2 are each amended to read as follows:
(1) ((The)) Beginning
July 1, 2011, the department, after soliciting recommendations from the public,
shall select the design for 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 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)) account 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)) account 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, 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 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.
Sec. 16. RCW 77.12.690 and 2009 c 333 s 38 are each amended to read as follows:
(1) The ((migratory waterfowl art committee)) director is responsible for the selection of the annual migratory bird stamp design ((and shall provide the design to the department. If the committee does not perform this duty within the time frame necessary to achieve proper and timely distribution of the stamps to license dealers, the director shall initiate the art work selection for that year)). The ((committee)) department shall create collector art prints and related artwork, utilizing the same design ((as provided to the department)). The administration, sale, distribution, and other matters relating to the prints and sales of stamps with prints and related artwork shall be the responsibility of the ((migratory waterfowl art committee)) department.
(2) The total amount brought in from the sale of prints
and related artwork shall be deposited in the state wildlife account created in
RCW 77.12.170. The costs of producing and marketing of prints and related
artwork((, including administrative expenses mutually agreed upon by the
committee and the director,)) shall be paid out of the total amount brought
in from sales of those same items. Net funds derived from the sale of prints
and related artwork shall be used by the director to contract with one or more
appropriate individuals or nonprofit organizations for the development of
waterfowl propagation projects within Washington which specifically provide
waterfowl for the Pacific flyway. The department shall not contract with any
individual or organization that obtains compensation for allowing waterfowl
hunting except if the individual or organization does not permit hunting for
compensation on the subject property.
((The migratory waterfowl art committee shall have an annual audit of its finances conducted by the state auditor and shall furnish a copy of the audit to the commission.))
Sec. 17. RCW 77.08.045 and 1998 c 191 s 31 are each amended to read as follows:
As used in this title or rules adopted pursuant to this title:
(1) "Migratory waterfowl" means members of the family Anatidae, including brants, ducks, geese, and swans;
(2) "Migratory bird" means migratory waterfowl and coots, snipe, doves, and band-tailed pigeon;
(3) "Migratory bird stamp" means the stamp that is required by RCW 77.32.350 to be in the possession of all persons to hunt migratory birds; and
(4) "Prints and
artwork" means replicas of the original stamp design that are sold to the
general public. Prints and artwork are not to be construed to be the migratory
bird stamp that is required by RCW 77.32.350. Artwork may be any facsimile of
the original stamp design, including color renditions, metal duplications, or
any other kind of design((; and
(5) "Migratory waterfowl art committee" means the committee
created by RCW 77.12.680. The committee's primary function is to select the
annual migratory bird stamp design)).
Performance Agreement Committee
NEW SECTION. Sec. 18. RCW 28B.10.922 (Performance agreements‑- State committee‑-Development of final proposals‑-Implementation‑- Updates) and 2008 c 160 s 4 are each repealed.
Salmon Stamp Selection Committee
NEW SECTION. Sec. 19. RCW 77.12.856 (Salmon stamp selection committee‑-Creation) and 1999 c 342 s 5 are each repealed.
Sec. 20. RCW 77.12.850 and 1999 c 342 s 2 are each amended to read as follows:
The definitions in this section apply throughout RCW 77.12.850 through 77.12.860 unless the context clearly requires otherwise.
(1) "Salmon" means all species of the genus Oncorhynchus, except those classified as game fish in this title, and includes:
|
Scientific Name
|
Common Name
|
|
Oncorhynchus tshawytscha |
Chinook salmon |
|
Oncorhynchus kisutch |
Coho salmon |
|
Oncorhynchus keta |
Chum salmon |
|
Oncorhynchus gorbuscha |
Pink salmon |
|
Oncorhynchus nerka |
Sockeye salmon |
(2) "Department" means the department of fish and wildlife.
(3) (("Committee"
means the salmon stamp selection committee created in RCW 77.12.856.
(4))) "Stamp" means the stamp created under the
Washington salmon stamp program and the Washington junior salmon stamp program,
created in RCW 77.12.850 through 77.12.860.
State Advisory Board of Plumbers
Sec. 21. RCW 18.106.110 and 2006 c 185 s 4 are each amended to read as follows:
(1) There is created a state
advisory board of plumbers, to be composed of seven members appointed by the ((governor))
director. Two members shall be journeyman plumbers, one member shall be
a specialty plumber, three members shall be persons conducting a plumbing
business, at least one of which shall be primarily engaged in a specialty
plumbing business, and one member from the general public who is familiar with
the business and trade of plumbing.
(2) The term of one
journeyman plumber expires July 1, 1995; the term of the second journeyman
plumber expires July 1, 2000; the term of the specialty plumber expires July 1,
2008; the term of one person conducting a plumbing business expires July 1,
1996; the term of the second person conducting a plumbing business expires July
1, 2000; the term of the third person conducting a plumbing business expires
July 1, 2007; and the term of the public member expires July 1, 1997.
Thereafter, upon the expiration of said terms, the ((governor)) director
shall appoint a new member to serve for a period of three years. However, to
ensure that the board can continue to act, a member whose term expires shall
continue to serve until his or her replacement is appointed. In the case of
any vacancy on the board for any reason, the ((governor)) director
shall appoint a new member to serve out the term of the person whose position
has become vacant.
(3) The advisory board shall carry out all the functions and duties enumerated in this chapter, as well as generally advise the department on all matters relative to this chapter.
(4) Each member of the advisory board shall receive travel expenses in accordance with the provisions of RCW 43.03.050 and 43.03.060 as now existing or hereafter amended for each day in which such member is actually engaged in attendance upon the meetings of the advisory board.
Sec. 22. RCW 49.04.010 and 2001 c 204 s 1 are each amended to read as follows:
(1) The director of labor and industries shall appoint an
apprenticeship council, composed of three representatives each from employer
and employee organizations, respectively. The terms of office of the members
of the apprenticeship council first appointed by the director of labor and
industries shall be as follows: One representative each of employers and
employees shall be appointed for one year, two years, and three years,
respectively. Thereafter, each member shall be appointed for a term of three
years. The ((governor)) director of labor and industries shall also
appoint a public member to the apprenticeship council for a three-year term.
((The appointment of the public member is subject to confirmation by the
senate.)) Each member shall hold office until a successor is appointed and
has qualified and any vacancy shall be filled by appointment for the unexpired
portion of the term. A designated representative from each of the following:
The workforce training and education coordinating board, state board for
community and technical colleges, employment security department, and United
States department of labor, apprenticeship, training, employer, and labor
services, shall be ex officio members of the apprenticeship council. Ex
officio members shall have no vote. Each member of the council, not otherwise
compensated by public moneys, shall be reimbursed for travel expenses in
accordance with RCW 43.03.050 and 43.03.060 and shall be compensated in
accordance with RCW 43.03.240.
(2) The apprenticeship council is authorized to approve apprenticeship programs, and establish apprenticeship program standards as rules, including requirements for apprentice-related and supplemental instruction, coordination of instruction with job experiences, and instructor qualifications. The council shall consider recommendations from the state board for community and technical colleges on matters of apprentice-related and supplemental instruction, coordination of instruction with job experiences, and instructor qualifications. The rules for apprenticeship instructor qualifications shall either be by reference or reasonably similar to the applicable requirements established by or pursuant to chapter 28B.50 RCW. The council is further authorized to issue such rules as may be necessary to carry out the intent and purposes of this chapter, including a procedure to resolve an impasse should a tie vote of the council occur, and perform such other duties as are hereinafter imposed.
(3) Not less than once a year the apprenticeship council shall make a report to the director of labor and industries of its activities and findings which shall be available to the public.
Sec. 23. RCW 36.93.051 and 1991 c 363 s 93 are each amended to read as follows:
The boundary review board in each county with a population of one million or more shall consist of eleven members chosen as follows:
(1) ((Three persons
shall be appointed by the governor;
(2) Three)) Four persons shall be appointed by the county
appointing authority;
(((3) Three)) (2)
Four persons shall be appointed by the mayors of the cities and towns
located within the county; and
(((4) Two)) (3)
Three persons shall be appointed by the board from nominees of special
districts in the county.
The governor shall designate one initial appointee to serve a term of two years, and two initial appointees to serve terms of four years, if the appointments are made in an odd-numbered year, or one initial appointee to serve a term of one year, and two initial appointees to serve terms of three years, if the appointments are made in an even- numbered year, with the length of the term being calculated from the first day of February in the year the appointment was made.
The county appointing authority shall designate one of its initial appointees to serve a term of two years, and two of its initial appointees to serve terms of four years, if the appointments are made in an odd-numbered year, or one of its initial appointees to serve a term of one year, and two of its initial appointees to serve terms of three years, if the appointments are made in an even-numbered year, with the length of the term being calculated from the first day of February in the year the appointment was made.
The mayors making the initial city and town appointments shall designate two of their initial appointees to serve terms of two years, and one of their initial appointees to serve a term of four years, if the appointments are made in an odd-numbered year, or two of their initial appointees to serve terms of one year, and one of their initial appointees to serve a term of three years, if the appointments are made in an even-numbered year, with the length of the term being calculated from the first day of February in the year the appointment was made.
The board shall make two initial appointments from the nominees of special districts, with one appointee serving a term of four years and one initial appointee serving a term of two years, if the appointments are made in an odd-numbered year, or one initial appointee serving a term of three years and one initial appointee serving a term of one year if the appointments are made in an even-numbered year, with the length of the term being calculated from the first day of March in the year in which the appointment is made.
After the initial appointments, all appointees shall serve four- year terms.
No appointee may be an official or employee of the county or a governmental unit in the county, or a consultant or advisor on a contractual or regular retained basis of the county, any governmental unit in the county, or any agency or association thereof.
Commission on Pesticide Registration
Sec. 24. RCW 15.92.090 and 1999 c 247 s 1 are each amended to read as follows:
(1) A commission on pesticide
registration is established. The commission shall be composed of twelve voting
members appointed by the ((governor)) director as follows:
(a) Eight members from the following segments of the state's agricultural industry as nominated by a statewide private agricultural association or agricultural commodity commission formed under Title 15 RCW: (i) The tree fruit industry; (ii) hop growers; (iii) potato growers; (iv) wheat growers; (v) vegetable and seed growers; (vi) berry growers; (vii) wine grape growers; and (viii) the nursery and landscape industry. Although members are appointed from various segments of the agriculture industry, they are appointed to represent and advance the interests of the industry as a whole.
(b) One member from each of the following: (i) Forest protection industry; (ii) food processors; (iii) agricultural chemical industry; and (iv) professional pesticide applicators. One member shall be appointed for each such segment of the industry and shall be nominated by a statewide, private association of that segment of the industry. The representative of the agricultural chemical industry shall be involved in the manufacture of agricultural crop protection products.
The following shall be ex officio, nonvoting members of the commission: The coordinator of the interregional project number four at Washington State University; the director of the department of ecology or the director's designee; the director of the department of agriculture or the director's designee; the director of the department of labor and industries or the director's designee; and the secretary of the department of health or the secretary's designee.
(2) Each voting member of the commission shall serve a term of three years. ((However, the first appointments in the first year shall be made by the governor for one, two, and three-year terms so that, in subsequent years, approximately one-third of the voting members shall be appointed each year. The governor shall assign the initial one, two, and three-year terms to members by lot.)) A vacancy shall be filled by appointment for the unexpired term in the same manner provided for an appointment to the full term. No member of the commission may be removed by the ((governor)) director during his or her term of office unless for cause of incapacity, incompetence, neglect of duty, or malfeasance in office. Each member of the commission shall receive travel expenses in accordance with RCW 43.03.050 and 43.03.060 for attending meetings of the commission and for performing special duties, in the way of official commission business, specifically assigned to the person by the commission. The voting members of the commission serve without compensation from the state other than such travel expenses.
(3) ((Nominations for
the initial appointments to the commission under subsection (1) of this section
shall be submitted by September 1, 1995. The governor shall make initial
appointments to the commission by October 15, 1995.
(4))) The commission shall elect a chair from among its voting members
each calendar year. After its original organizational meeting, the commission
shall meet at the call of the chair. A majority of the voting members of the
commission constitutes a quorum and an official action of the commission may be
taken by a majority vote of the quorum.
Community Economic Revitalization Board
Sec. 25. RCW 43.160.030 and 2008 c 327 s 3 are each amended to read as follows:
(1) The community economic revitalization board is hereby created to exercise the powers granted under this chapter.
(2) The board shall
consist of one member from each of the two major caucuses of the house of
representatives to be appointed by the speaker of the house and one member from
each of the two major caucuses of the senate to be appointed by the president
of the senate. The board shall also consist of the following members appointed
by the ((governor)) director of commerce: A recognized private
or public sector economist; one port district official; one county official;
one city official; one representative of a federally recognized Indian tribe;
one representative of the public; one representative of small businesses each
from: (a) The area west of Puget Sound, (b) the area east of Puget Sound and
west of the Cascade range, (c) the area east of the Cascade range and west of
the Columbia river, and (d) the area east of the Columbia river; one executive
from large businesses each from the area west of the Cascades and the area east
of the Cascades. The appointive members shall initially be appointed to terms
as follows: Three members for one-year terms, three members for two-year
terms, and three members for three-year terms which shall include the chair.
Thereafter each succeeding term shall be for three years. The chair of the
board shall be selected by the ((governor)) director of commerce.
The members of the board shall elect one of their members to serve as
vice-chair. The director of ((community, trade, and economic development))
commerce, the director of revenue, the commissioner of employment
security, and the secretary of transportation shall serve as nonvoting advisory
members of the board.
(3) Management services, including fiscal and contract services, shall be provided by the department to assist the board in implementing this chapter.
(4) Members of the board shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(5) If a vacancy occurs
by death, resignation, or otherwise of appointive members of the board, the ((governor))
director of commerce shall fill the same for the unexpired term.
Members of the board may be removed for malfeasance or misfeasance in office,
upon specific written charges by the ((governor)) director of
commerce, under chapter 34.05 RCW.
(6) A member appointed
by the ((governor)) director of commerce may not be absent from
more than fifty percent of the regularly scheduled meetings in any one calendar
year. Any member who exceeds this absence limitation is deemed to have withdrawn
from the office and may be replaced by the ((governor)) director of
commerce.
(7) A majority of members currently appointed constitutes a quorum.
Commute Trip Reduction Board
Sec. 26. RCW 70.94.537 and 2006 c 329 s 7 are each amended to read as follows:
(1) A sixteen member state commute trip reduction board is established as follows:
(a) The secretary of ((the
department of)) transportation or the secretary's designee who shall serve
as chair;
(b) One representative
from the office of ((the governor or the governor's designee)) financial
management;
(c) The director or the
director's designee of one of the following agencies, to be determined by the
((governor)) secretary of transportation:
(i) Department of general administration;
(ii) Department of ecology;
(iii) Department of ((community, trade, and economic development)) commerce;
(d) Three
representatives from cities and towns or counties appointed by the ((governor))
secretary of transportation for staggered four-year terms from a list
recommended by the association of Washington cities or the Washington state
association of counties;
(e) Two representatives
from transit agencies appointed by the ((governor)) secretary of
transportation for staggered four-year terms from a list recommended by the
Washington state transit association;
(f) Two representatives
from participating regional transportation planning organizations appointed by
the ((governor)) secretary of transportation for staggered
four-year terms;
(g) Four representatives
of employers at or owners of major worksites in Washington, or transportation
management associations, business improvement areas, or other transportation
organizations representing employers, appointed by the ((governor)) secretary
of transportation for staggered four-year terms; and
(h) Two citizens
appointed by the ((governor)) secretary of transportation for
staggered four-year terms.
Members of the commute
trip reduction board shall serve without compensation but shall be reimbursed
for travel expenses as provided in RCW 43.03.050 and 43.03.060. Members
appointed by the ((governor)) secretary of transportation shall
be compensated in accordance with RCW 43.03.220. The board has all powers
necessary to carry out its duties as prescribed by this chapter.
(2) By March 1, 2007, the department of transportation shall establish rules for commute trip reduction plans and implementation procedures. The commute trip reduction board shall advise the department on the content of the rules. The rules are intended to ensure consistency in commute trip reduction plans and goals among jurisdictions while fairly taking into account differences in employment and housing density, employer size, existing and anticipated levels of transit service, special employer circumstances, and other factors the board determines to be relevant. The rules shall include:
(a) Guidance criteria for growth and transportation efficiency centers;
(b) Data measurement methods and procedures for determining the efficacy of commute trip reduction activities and progress toward meeting commute trip reduction plan goals;
(c) Model commute trip reduction ordinances;
(d) Methods for assuring consistency in the treatment of employers who have worksites subject to the requirements of this chapter in more than one jurisdiction;
(e) An appeals process by which major employers, who as a result of special characteristics of their business or its locations would be unable to meet the requirements of a commute trip reduction plan, may obtain a waiver or modification of those requirements and criteria for determining eligibility for waiver or modification;
(f) Establishment of a process for determining the state's affected areas, including criteria and procedures for regional transportation planning organizations in consultation with local jurisdictions to propose to add or exempt urban growth areas;
(g) Listing of the affected areas of the program to be done every four years as identified in subsection (5) of this section;
(h) Establishment of a criteria and application process to determine whether jurisdictions that voluntarily implement commute trip reduction are eligible for state funding;
(i) Guidelines and deadlines for creating and updating local commute trip reduction plans, including guidance to ensure consistency between the local commute trip reduction plan and the transportation demand management strategies identified in the transportation element in the local comprehensive plan, as required by RCW 36.70A.070;
(j) Guidelines for creating and updating regional commute trip reduction plans, including guidance to ensure the regional commute trip reduction plan is consistent with and incorporated into transportation demand management components in the regional transportation plan;
(k) Methods for regional transportation planning organizations to evaluate and certify that designated growth and transportation efficiency center programs meet the minimum requirements and are eligible for funding;
(l) Guidelines for creating and updating growth and transportation efficiency center programs; and
(m) Establishment of statewide program goals. The goals shall be designed to achieve substantial reductions in the proportion of single‑occupant vehicle commute trips and the commute trip vehicle miles traveled per employee, at a level that is projected to improve the mobility of people and goods by increasing the efficiency of the state highway system.
(3) The board shall create a state commute trip reduction plan that shall be updated every four years as discussed in subsection (5) of this section. The state commute trip reduction plan shall include, but is not limited to: (a) Statewide commute trip reduction program goals that are designed to substantially improve the mobility of people and goods; (b) identification of strategies at the state and regional levels to achieve the goals and recommendations for how transportation demand management strategies can be targeted most effectively to support commute trip reduction program goals; (c) performance measures for assessing the cost‑effectiveness of commute trip reduction strategies and the benefits for the state transportation system; and (d) a sustainable financial plan. The board shall review and approve regional commute trip reduction plans, and work collaboratively with regional transportation planning organizations in the establishment of the state commute trip reduction plan.
(4) The board shall work with affected jurisdictions, major employers, and other parties to develop and implement a public awareness campaign designed to increase the effectiveness of local commute trip reduction programs and support achievement of the objectives identified in this chapter.
(5) The board shall evaluate and update the commute trip reduction program plan and recommend changes to the rules every four years, with the first assessment report due July 1, 2011, to ensure that the latest data methodology used by the department of transportation is incorporated into the program and to determine which areas of the state should be affected by the program. The board shall review the definition of a major employer no later than December 1, 2009. The board shall regularly identify urban growth areas that are projected to be affected by chapter 329, Laws of 2006 in the next four-year period and may provide advance planning support to the potentially affected jurisdictions.
(6) The board shall review progress toward implementing commute trip reduction plans and programs and the costs and benefits of commute trip reduction plans and programs and shall make recommendations to the legislature and the governor by December 1, 2009, and every two years thereafter. In assessing the costs and benefits, the board shall consider the costs of not having implemented commute trip reduction plans and programs with the assistance of the transportation performance audit board authorized under chapter 44.75 RCW. The board shall examine other transportation demand management programs nationally and incorporate its findings into its recommendations to the legislature. The recommendations shall address the need for continuation, modification, or termination or any or all requirements of this chapter.
(7) The board shall invite personnel with appropriate expertise from state, regional, and local government, private, public, and nonprofit providers of transportation services, and employers or owners of major worksites in Washington to act as a technical advisory group. The technical advisory group shall advise the board on the implementation of local and regional commute trip reduction plans and programs, program evaluation, program funding allocations, and state rules and guidelines.
Sec. 27. RCW 38.52.040 and 1995 c 269 s 1202 are each amended to read as follows:
(1) There is hereby
created the emergency management council (hereinafter called the council), to
consist of not more than seventeen members who shall be appointed by the ((governor))
adjutant general. The membership of the council shall include, but not
be limited to, representatives of city and county governments, sheriffs and
police chiefs, the Washington state patrol, the military department, the
department of ecology, state and local fire chiefs, seismic safety experts,
state and local emergency management directors, search and rescue volunteers,
medical professions who have expertise in emergency medical care, building
officials, and private industry. The representatives of private industry shall
include persons knowledgeable in emergency and hazardous materials management.
The council members shall elect a chairman from within the council membership.
The members of the council shall serve without compensation, but may be reimbursed
for their travel expenses incurred in the performance of their duties in
accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter
amended.
(2) The emergency management council shall advise the governor and the director on all matters pertaining to state and local emergency management. The council may appoint such ad hoc committees, subcommittees, and working groups as are required to develop specific recommendations for the improvement of emergency management practices, standards, policies, or procedures. The council shall ensure that the governor receives an annual assessment of statewide emergency preparedness including, but not limited to, specific progress on hazard mitigation and reduction efforts, implementation of seismic safety improvements, reduction of flood hazards, and coordination of hazardous materials planning and response activities. The council or a subcommittee thereof shall periodically convene in special session and serve during those sessions as the state emergency response commission required by P.L. 99-499, the emergency planning and community right-to- know act. When sitting in session as the state emergency response commission, the council shall confine its deliberations to those items specified in federal statutes and state administrative rules governing the coordination of hazardous materials policy. The council shall review administrative rules governing state and local emergency management practices and recommend necessary revisions to the director.
Emergency Medical Services and Trauma Care Steering Committee
Sec. 28. RCW 70.168.020 and 2000 c 93 s 20 are each amended to read as follows:
(1) There is hereby created an
emergency medical services and trauma care steering committee composed of
representatives of individuals knowledgeable in emergency medical services and
trauma care, including emergency medical providers such as physicians, nurses,
hospital personnel, emergency medical technicians, paramedics, ambulance
services, a member of the emergency medical services licensing and
certification advisory committee, local government officials, state officials,
consumers, and persons affiliated professionally with health science schools.
The ((governor)) secretary shall appoint members of the steering
committee. Members shall be appointed for a period of three years. The
department shall provide administrative support to the committee. All
appointive members of the committee, in the performance of their duties, may be
entitled to receive travel expenses as provided in RCW 43.03.050 and
43.03.060. The ((governor)) secretary may remove members from
the committee who have three unexcused absences from committee meetings. The
((governor)) secretary shall fill any vacancies of the committee
in a timely manner. The terms of those members representing the same field
shall not expire at the same time.
The committee shall elect a chair and a vice-chair whose terms of office shall be for one year each. The chair shall be ineligible for reelection after serving four consecutive terms.
The committee shall meet
on call by the ((governor,)) the secretary((,)) or the chair.
(2) The emergency medical services and trauma care steering committee shall:
(a) Advise the department regarding emergency medical services and trauma care needs throughout the state.
(b) Review the regional emergency medical services and trauma care plans and recommend changes to the department before the department adopts the plans.
(c) Review proposed departmental rules for emergency medical services and trauma care.
(d) Recommend modifications in rules regarding emergency medical services and trauma care.
Horse Racing Compact Committee
Sec. 29. RCW 67.17.050 and 2001 c 18 s 6 are each amended to read as follows:
(1) There is created an interstate governmental entity to be known as the "compact committee" which shall be comprised of one official from the racing commission or its equivalent in each party state who shall be appointed, serve, and be subject to removal in accordance with the laws of the party state he or she represents. Under the laws of his or her party state, each official shall have the assistance of his or her state's racing commission or the equivalent thereof in considering issues related to licensing of participants in live racing and in fulfilling his or her responsibilities as the representative from his or her state to the compact committee. If an official is unable to perform any duty in connection with the powers and duties of the compact committee, the racing commission or equivalent thereof from his or her state shall designate another of its members as an alternate who shall serve in his or her place and represent the party state as its official on the compact committee until that racing commission or equivalent thereof determines that the original representative official is able once again to perform his or her duties as that party state's representative official on the compact committee. The designation of an alternate shall be communicated by the affected state's racing commission or equivalent thereof to the compact committee as the committee's bylaws may provide.
(2) The ((governor))
horse racing commission shall appoint the official to represent the
state of Washington on the compact committee for a term of four years. No
official may serve more than three consecutive terms. A vacancy shall be
filled by the ((governor)) horse racing commission for the
unexpired term.
Productivity Board
Sec. 30. RCW 41.60.015 and 2000 c 139 s 1 are each amended to read as follows:
(1) There is hereby created the productivity board, which may also be known as the employee involvement and recognition board. The board shall administer the employee suggestion program and the teamwork incentive program under this chapter.
(2) The board shall be composed of:
(a) The secretary of state who shall act as chairperson;
(b) The director of personnel appointed under the provisions of RCW 41.06.130 or the director's designee;
(c) The director of financial management or the director's designee;
(d) The director of general administration or the director's designee;
(e) Three persons with
experience in administering incentives such as those used by industry, with the
((governor,)) lieutenant governor, secretary of state, and
speaker of the house of representatives each appointing one person. The ((governor's))
secretary of state's appointee shall be a representative of an employee
organization certified as an exclusive representative of at least one
bargaining unit of classified employees; and
(f) Two persons
representing state agencies and institutions with employees subject to chapter
41.06 RCW, and one person representing those subject to chapter 28B.16 RCW,
both appointed by the ((governor; and
(g) In addition, the governor and board chairperson may jointly
appoint persons to the board on an ad hoc basis. Ad hoc members shall serve in
an advisory capacity and shall not have the right to vote)) secretary of
state.
Members under subsection (2)(e) and (f) of this section shall be appointed to serve three-year terms.
Members of the board appointed pursuant to subsection (2)(e) of this section may be compensated in accordance with RCW 43.03.240. Any board member who is not a state employee may be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.
State Council on Aging
Sec. 31. RCW 43.20A.685 and 1981 c 151 s 2 are each amended to read as follows:
(1) ((The initial members of the council shall be appointed by the governor to staggered terms such that approximately one-third of the members serve terms of one year, one-third serve terms of two years, and one-third serve terms of three years. Thereafter,)) Members of the council shall be appointed ((by the governor)) to terms of three years, except in the case of a vacancy, in which event appointment shall be for the remainder of the unexpired term for which the vacancy occurs. No member of the council may serve more than two consecutive three-year terms. Each area agency on aging advisory council shall appoint one member ((shall be appointed)) from ((each)) its state-designated planning and service area ((from a list of names transmitted by each area agency on aging advisory council, such list including the names of all persons nominated within the planning and service area together with the area agency on aging advisory council's recommendations)). The governor shall appoint one additional member from names submitted by the association of Washington cities and one additional member from names submitted by the Washington state association of counties. In addition, the governor may appoint not more than five at large members, in order to ensure that rural areas (those areas outside of a standard metropolitan statistical area), minority populations, and those individuals with special skills which could assist the state council are represented. The members of the state council on aging shall elect, at the council's initial meeting and at the council's first meeting each year, one member to serve as chairperson of the council and another member to serve as secretary of the council.
(2) The speaker of the house of representatives and the president of the senate shall each appoint two nonvoting members to the council; one from each of the two largest caucuses in each house. The terms of the members so appointed shall be for approximately two years and the terms shall expire before the first day of the legislative session in odd-numbered years. They shall be compensated by their respective houses as provided under RCW 44.04.120, as now or hereafter amended.
(3) With the exception of the members from the Washington state association of cities, the Washington state association of counties, and the nonvoting legislative members, all members of the council shall be at least fifty-five years old.
Washington State Horse Park Commission
Sec. 32. RCW 79A.30.030 and 2000 c 11 s 85 are each amended to read as follows:
(1) A nonprofit corporation may be formed under the nonprofit corporation provisions of chapter 24.03 RCW to carry out the purposes of this chapter. Except as provided in RCW 79A.30.040, the corporation shall have all the powers and be subject to the same restrictions as are permitted or prescribed to nonprofit corporations and shall exercise those powers only for carrying out the purposes of this chapter and those purposes necessarily implied therefrom. The nonprofit corporation shall be known as the Washington state horse park authority. The articles of incorporation shall provide that it is the responsibility of the authority to develop, promote, operate, manage, and maintain the Washington state horse park. The articles of incorporation shall provide for appointment of directors and other conduct of business consistent with the requirements of this chapter.
(2)(a) The articles of
incorporation shall provide for a seven- member board of directors for the
authority, all appointed by the ((governor)) commission. Board
members shall serve three-year terms, except that two of the original
appointees shall serve one-year terms, and two of the original appointees shall
serve two-year terms. A board member may serve consecutive terms.
(b) The articles of
incorporation shall provide that the ((governor)) commission
appoint board members as follows:
(i) One board member shall represent the interests of the commission((. In making this appointment, the governor shall solicit recommendations from the commission));
(ii) One board member
shall represent the interests of the county in which the park is located. In
making this appointment, the ((governor)) commission shall
solicit recommendations from the county legislative authority; and
(iii) Five board members
shall represent the geographic and sports discipline diversity of equestrian
interests in the state, and at least one of these members shall have business
experience relevant to the organization of horse shows or operation of a horse
show facility. In making these appointments, the ((governor)) commission
shall solicit recommendations from a variety of active horse-related
organizations in the state.
(3) The articles of
incorporation shall include a policy that provides for the preferential use of
a specific area of the horse park facilities at nominal cost for horse groups
associated with youth groups and ((the disabled)) individuals with
disabilities.
(4) The ((governor))
commission shall make appointments to fill board vacancies for positions
authorized under subsection (2) of this section, upon additional solicitation
of recommendations from the board of directors.
(5) The board of directors shall perform their duties in the best interests of the authority, consistent with the standards applicable to directors of nonprofit corporations under RCW 24.03.127.
Educational Opportunity Gap Oversight and Accountability Committee
Sec. 33. RCW 28A.300.136 and 2010 c 235 s 901 are each amended to read as follows:
(1) An ((achievement)) educational
opportunity gap oversight and accountability committee is created to
synthesize the findings and recommendations from the 2008 achievement gap
studies into an implementation plan, and to recommend policies and strategies
to the superintendent of public instruction, the professional educator
standards board, and the state board of education to close the achievement gap.
(2) The committee shall recommend specific policies and strategies in at least the following areas:
(a) Supporting and facilitating parent and community involvement and outreach;
(b) Enhancing the cultural competency of current and future educators and the cultural relevance of curriculum and instruction;
(c) Expanding pathways and strategies to prepare and recruit diverse teachers and administrators;
(d) Recommending current programs and resources that should be redirected to narrow the gap;
(e) Identifying data elements and systems needed to monitor progress in closing the gap;
(f) Making closing the achievement gap part of the school and school district improvement process; and
(g) Exploring innovative school models that have shown success in closing the achievement gap.
(3) Taking a multidisciplinary approach, the committee may seek input and advice from other state and local agencies and organizations with expertise in health, social services, gang and violence prevention, substance abuse prevention, and other issues that disproportionately affect student achievement and student success.
(4) The ((achievement))
educational opportunity gap oversight and accountability committee shall
be composed of the following members:
(a) The chairs and ranking minority members of the house and senate education committees, or their designees;
(b) One additional member of the house of representatives appointed by the speaker of the house and one additional member of the senate appointed by the president of the senate;
(c) A representative of the office of the education ombudsman;
(d) A representative of the center for the improvement of student learning in the office of the superintendent of public instruction;
(e) A representative of federally recognized Indian tribes whose traditional lands and territories lie within the borders of Washington state, designated by the federally recognized tribes; and
(f) Four members appointed by the governor in consultation with the state ethnic commissions, who represent the following populations: African-Americans, Hispanic Americans, Asian Americans, and Pacific Islander Americans.
(5) The governor and the tribes are encouraged to designate members who have experience working in and with schools.
(6) The committee may convene ad hoc working groups to obtain additional input and participation from community members. Members of ad hoc working groups shall serve without compensation and shall not be reimbursed for travel or other expenses.
(7) The chair or cochairs of the committee shall be selected by the members of the committee. Staff support for the committee shall be provided by the center for the improvement of student learning. Members of the committee shall serve without compensation but must be reimbursed as provided in RCW 43.03.050 and 43.03.060. Legislative members of the committee shall be reimbursed for travel expenses in accordance with RCW 44.04.120.
(8) The superintendent
of public instruction, the state board of education, the professional educator
standards board, and the quality education council shall work collaboratively
with the ((achievement)) educational opportunity gap oversight
and accountability committee to close the achievement gap.
Capitol Campus Design Advisory Committee
Sec. 34. RCW 43.34.080 and 1990 c 93 s 1 are each amended to read as follows:
(1) The capitol campus design advisory committee is established as an advisory group to the capitol committee and the director of general administration to review programs, planning, design, and landscaping of state capitol facilities and grounds and to make recommendations that will contribute to the attainment of architectural, aesthetic, functional, and environmental excellence in design and maintenance of capitol facilities on campus and located in neighboring communities.
(2) The advisory
committee shall consist of the following persons who shall be appointed by and
serve at the pleasure of the ((governor)) director of general
administration:
(a) Two architects;
(b) A landscape architect; and
(c) An urban planner.
The ((governor)) director
of general administration shall appoint the chair and vice chair and shall
((instruct the director of general administration to)) provide the staff
and resources necessary for implementing this section. The advisory committee
shall meet at least once every ninety days and at the call of the chair.
The members of the committee shall be reimbursed as provided in RCW 43.03.220 and 44.04.120.
(3) The advisory committee shall also consist of the secretary of state and two members of the house of representatives, one from each caucus, who shall be appointed by the speaker of the house of representatives, and two members of the senate, one from each caucus, who shall be appointed by the president of the senate.
(4) The advisory committee shall review plans and designs affecting state capitol facilities as they are developed. The advisory committee's review shall include:
(a) The process of solicitation and selection of appropriate professional design services including design-build proposals;
(b) Compliance with the capitol campus master plan and design concepts as adopted by the capitol committee;
(c) The design, siting, and grouping of state capitol facilities relative to the service needs of state government and the impact upon the local community's economy, environment, traffic patterns, and other factors;
(d) The relationship of overall state capitol facility planning to the respective comprehensive plans for long-range urban development of the cities of Olympia, Lacey, and Tumwater, and Thurston county; and
(e) Landscaping plans and designs, including planting proposals, street furniture, sculpture, monuments, and access to the capitol campus and buildings.
Correctional Industries Board
Sec. 35. RCW 72.09.070 and 2004 c 167 s 1 are each amended to read as follows:
(((1))) There is
created a correctional industries ((board of directors)) advisory
committee which shall have the composition provided in RCW 72.09.080. The
advisory committee shall make recommendations to the secretary regarding the
implementation of RCW 72.09.100.
(((2) Consistent with
general department of corrections policies and procedures pertaining to the
general administration of correctional facilities, the board shall establish
and implement policy for correctional industries programs designed to:
(a) Offer inmates meaningful employment, work experience, and training in
vocations that are specifically designed to reduce recidivism and thereby
enhance public safety by providing opportunities for legitimate means of
livelihood upon their release from custody;
(b) Provide industries which will reduce the tax burden of corrections
and save taxpayers money through production of goods and services for sale and
use;
(c) Operate correctional work programs in an effective and efficient
manner which are as similar as possible to those provided by the private
sector;
(d) Encourage the development of and provide for selection of, contracting
for, and supervision of work programs with participating private enterprise
firms;
(e) Develop and select correctional industries work programs that do not
unfairly compete with Washington businesses;
(f) Invest available funds in correctional industries enterprises and
meaningful work programs that minimize the impact on in-state jobs and
businesses.
(3) The board of directors shall at least annually review the work
performance of the director of correctional industries division with the
secretary.
(4) The director of correctional industries division shall review and
evaluate the productivity, funding, and appropriateness of all correctional
work programs and report on their effectiveness to the board and to the
secretary.
(5) The board of directors shall have the authority to identify and
establish trade advisory or apprenticeship committees to advise them on
correctional industries work programs. The secretary shall appoint the members
of the committees.
Where a labor management trade advisory and apprenticeship committee has
already been established by the department pursuant to RCW 72.62.050 the
existing committee shall also advise the board of directors.
(6) The board shall develop a strategic yearly marketing plan that shall
be consistent with and work towards achieving the goals established in the
six-year phased expansion of class I and class II correctional industries
established in RCW 72.09.111. This marketing plan shall be presented to the
appropriate committees of the legislature by January 17 of each calendar year
until the goals set forth in RCW 72.09.111 are achieved.))
Sec. 36. RCW 72.09.090 and 1989 c 185 s 6 are each amended to read as follows:
The correctional industries account is established in the state treasury. The department of corrections shall deposit in the account all moneys collected and all profits that accrue from the industrial and agricultural operations of the department and any moneys appropriated to the account. Moneys in the account may be spent only for expenses arising in the correctional industries operations.
The division's net
profits from correctional industries' sales and contracts shall be reinvested,
without appropriation, in the expansion and improvement of correctional
industries. However, the ((board of directors)) secretary shall
annually recommend that some portion of the profits from correctional
industries be returned to the state general fund.
The ((board and))
secretary shall request appropriations or increased appropriations whenever it
appears that additional money is needed to provide for the establishment and
operation of a comprehensive correctional industries program.
Sec. 37. RCW 72.09.100 and 2005 c 346 s 1 are each amended to read as follows:
It is the intent of the
legislature to vest in the department the power to provide for a comprehensive
inmate work program and to remove statutory and other restrictions which have
limited work programs in the past. It is also the intent of the legislature to
ensure that the ((correctional industries board of directors)) department,
in developing and selecting correctional industries work programs, does not
encourage the development of, or provide for selection of or contracting for,
or the significant expansion of, any new or existing class I correctional
industries work programs that unfairly compete with Washington businesses. The
legislature intends that the requirements relating to fair competition in the
correctional industries work programs be liberally construed by the ((correctional
industries board of directors)) department to protect Washington
businesses from unfair competition. For purposes of establishing such a
comprehensive program, the legislature recommends that the department consider
adopting any or all, or any variation of, the following classes of work
programs:
(1) CLASS I: FREE VENTURE INDUSTRIES.
(a) The employer model industries in this class shall be operated and managed in total or in part by any profit or nonprofit organization pursuant to an agreement between the organization and the department. The organization shall produce goods or services for sale to both the public and private sector.
(b) The customer model industries in this class shall be operated and managed by the department to provide Washington state manufacturers or businesses with products or services currently produced or provided by out-of-state or foreign suppliers.
(c) The ((correctional
industries board of directors)) department shall review these
proposed industries, including any potential new class I industries work
program or the significant expansion of an existing class I industries work
program, before the department contracts to provide such products or services.
The review shall include the analysis required under RCW 72.09.115 to determine
if the proposed correctional industries work program will compete with any
Washington business. An agreement for a new class I correctional industries
work program, or an agreement for a significant expansion of an existing class
I correctional industries work program, that unfairly competes with any
Washington business is prohibited.
(d) The department ((of
corrections)) shall supply appropriate security and custody services
without charge to the participating firms.
(e) Inmates who work in free venture industries shall do so at their own choice. They shall be paid a wage comparable to the wage paid for work of a similar nature in the locality in which the industry is located, as determined by the director of correctional industries. If the director cannot reasonably determine the comparable wage, then the pay shall not be less than the federal minimum wage.
(f) An inmate who is employed in the class I program of correctional industries shall not be eligible for unemployment compensation benefits pursuant to any of the provisions of Title 50 RCW until released on parole or discharged.
(2) CLASS II: TAX REDUCTION INDUSTRIES.
(a) Industries in this class shall be state-owned and operated enterprises designed primarily to reduce the costs for goods and services for tax-supported agencies and for nonprofit organizations.
(b)(i) The industries selected for development within this class shall, as much as possible, match the available pool of inmate work skills and aptitudes with the work opportunities in the free community. The industries shall be closely patterned after private sector industries but with the objective of reducing public support costs rather than making a profit.
(ii) The products and services of this industry, including purchased products and services necessary for a complete product line, may be sold to the following:
(A) Public agencies;
(B) Nonprofit organizations;
(C) Private contractors when the goods purchased will be ultimately used by a public agency or a nonprofit organization;
(D) An employee and
immediate family members of an employee of the department ((of corrections));
and
(E) A person under the
supervision of the department ((of corrections)) and his or her
immediate family members.
(iii) The ((correctional
industries board of directors)) department shall authorize the type
and quantity of items that may be purchased and sold under (b)(ii)(D) and (E)
of this subsection.
(iv) It is prohibited to purchase any item purchased under (b)(ii)(D) and (E) of this subsection for the purpose of resale.
(v) Clothing manufactured by an industry in this class may be donated to nonprofit organizations that provide clothing free of charge to low-income persons.
(c)(i) Class II
correctional industries products and services shall be reviewed by the ((correctional
industries board of directors)) department before offering such
products and services for sale to private contractors.
(ii) The ((board of
directors)) secretary shall conduct a yearly marketing review of the
products and services offered under this subsection. Such review shall include
an analysis of the potential impact of the proposed products and services on the
Washington state business community. To avoid waste or spoilage and consequent
loss to the state, when there is no public sector market for such goods, by-
products and surpluses of timber, agricultural, and animal husbandry
enterprises may be sold to private persons, at private sale. Surplus
by-products and surpluses of timber, agricultural and animal husbandry
enterprises that cannot be sold to public agencies or to private persons may be
donated to nonprofit organizations. All sales of surplus products shall be
carried out in accordance with rules prescribed by the secretary.
(d) Security and custody
services shall be provided without charge by the department ((of corrections)).
(e) Inmates working in this class of industries shall do so at their own choice and shall be paid for their work on a gratuity scale which shall not exceed the wage paid for work of a similar nature in the locality in which the industry is located and which is approved by the director of correctional industries.
(f) ((Subject to
approval of the correctional industries board,)) Provisions of RCW
41.06.142 shall not apply to contracts with Washington state businesses entered
into by the department ((of corrections)) through class II industries.
(3) CLASS III: INSTITUTIONAL SUPPORT INDUSTRIES.
(a) Industries in this
class shall be operated by the department ((of corrections)). They
shall be designed and managed to accomplish the following objectives:
(i) Whenever possible, to provide basic work training and experience so that the inmate will be able to qualify for better work both within correctional industries and the free community. It is not intended that an inmate's work within this class of industries should be his or her final and total work experience as an inmate.
(ii) Whenever possible, to provide forty hours of work or work training per week.
(iii) Whenever possible, to offset tax and other public support costs.
(b) Class III
correctional industries shall be reviewed by the ((correctional industries
board of directors)) department to set policy for work crews. The
department shall ((present to the board of directors)) prepare
quarterly detail statements showing where work crews worked, what correctional
industry class, and the hours worked. ((The board of directors may review
any class III program at its discretion.))
(c) Supervising, management, and custody staff shall be employees of the department.
(d) All able and eligible inmates who are assigned work and who are not working in other classes of industries shall work in this class.
(e) Except for inmates who work in work training programs, inmates in this class shall be paid for their work in accordance with an inmate gratuity scale. The scale shall be adopted by the secretary of corrections.
(4) CLASS IV: COMMUNITY WORK INDUSTRIES.
(a) Industries in this
class shall be operated by the department ((of corrections)). They
shall be designed and managed to provide services in the inmate's resident
community at a reduced cost. The services shall be provided to public
agencies, to persons who are poor or infirm, or to nonprofit organizations.
(b) Class IV
correctional industries shall be reviewed by the ((correctional industries
board of directors)) department to set policy for work crews. The
department shall ((present to the board of directors)) prepare
quarterly detail statements showing where work crews worked, what correctional
industry class, and the hours worked. ((The board of directors may review
any class IV program at its discretion.)) Class IV correctional industries
operated in work camps established pursuant to RCW 72.64.050 are exempt from
the requirements of this subsection (4)(b).
(c) Inmates in this
program shall reside in facilities owned by, contracted for, or licensed by the
department ((of corrections)). A unit of local government shall provide
work supervision services without charge to the state and shall pay the
inmate's wage.
(d) The department ((of
corrections)) shall reimburse participating units of local government for
liability and workers compensation insurance costs.
(e) Inmates who work in this class of industries shall do so at their own choice and shall receive a gratuity which shall not exceed the wage paid for work of a similar nature in the locality in which the industry is located.
(5) CLASS V: COMMUNITY RESTITUTION PROGRAMS.
(a) Programs in this
class shall be subject to supervision by the department ((of corrections)).
The purpose of this class of industries is to enable an inmate, placed on
community supervision, to work off all or part of a community restitution order
as ordered by the sentencing court.
(b) Employment shall be in a community restitution program operated by the state, local units of government, or a nonprofit agency.
(c) To the extent that
funds are specifically made available for such purposes, the department ((of
corrections)) shall reimburse nonprofit agencies for workers compensation
insurance costs.
Sec. 38. RCW 72.09.015 and 2010 c 181 s 1 are each amended to read as follows:
The definitions in this section apply throughout this chapter.
(1) "Adult basic education" means education or instruction designed to achieve general competence of skills in reading, writing, and oral communication, including English as a second language and preparation and testing services for obtaining a high school diploma or a general equivalency diploma.
(2) "Base level of correctional services" means the minimum level of field services the department of corrections is required by statute to provide for the supervision and monitoring of offenders.
(3) "Community custody" has the same meaning as that provided in RCW 9.94A.030 and also includes community placement and community supervision as defined in RCW 9.94B.020.
(4) "Contraband" means any object or communication the secretary determines shall not be allowed to be: (a) Brought into; (b) possessed while on the grounds of; or (c) sent from any institution under the control of the secretary.
(5) "Correctional facility" means a facility or institution operated directly or by contract by the secretary for the purposes of incarcerating adults in total or partial confinement, as defined in RCW 9.94A.030.
(6) "County" means a county or combination of counties.
(7) "Department" means the department of corrections.
(8) "Earned early release" means earned release as authorized by RCW 9.94A.728.
(9) "Evidence‑based" means a program or practice that has had multiple‑site random controlled trials across heterogeneous populations demonstrating that the program or practice is effective in reducing recidivism for the population.
(10) "Extended family visit" means an authorized visit between an inmate and a member of his or her immediate family that occurs in a private visiting unit located at the correctional facility where the inmate is confined.
(11) "Good conduct" means compliance with department rules and policies.
(12) "Good performance" means successful completion of a program required by the department, including an education, work, or other program.
(13) "Immediate family" means the inmate's children, stepchildren, grandchildren, great grandchildren, parents, stepparents, grandparents, great grandparents, siblings, and a person legally married to or in a state registered domestic partnership with an inmate. "Immediate family" does not include an inmate adopted by another inmate or the immediate family of the adopted or adopting inmate.
(14) "Indigent inmate," "indigent," and "indigency" mean an inmate who has less than a ten-dollar balance of disposable income in his or her institutional account on the day a request is made to utilize funds and during the thirty days previous to the request.
(15) "Individual reentry plan" means the plan to prepare an offender for release into the community. It should be developed collaboratively between the department and the offender and based on an assessment of the offender using a standardized and comprehensive tool to identify the offender's risks and needs. The individual reentry plan describes actions that should occur to prepare individual offenders for release from prison or jail, specifies the supervision and services they will experience in the community, and describes an offender's eventual discharge to aftercare upon successful completion of supervision. An individual reentry plan is updated throughout the period of an offender's incarceration and supervision to be relevant to the offender's current needs and risks.
(16) "Inmate" means a person committed to the custody of the department, including but not limited to persons residing in a correctional institution or facility and persons released from such facility on furlough, work release, or community custody, and persons received from another state, state agency, county, or federal jurisdiction.
(17) "Labor" means the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix.
(18) "Physical restraint" means the use of any bodily force or physical intervention to control an offender or limit an offender's freedom of movement in a way that does not involve a mechanical restraint. Physical restraint does not include momentary periods of minimal physical restriction by direct person-to-person contact, without the aid of mechanical restraint, accomplished with limited force and designed to:
(a) Prevent an offender from completing an act that would result in potential bodily harm to self or others or damage property;
(b) Remove a disruptive offender who is unwilling to leave the area voluntarily; or
(c) Guide an offender from one location to another.
(19) "Postpartum recovery" means (a) the entire period a woman or youth is in the hospital, birthing center, or clinic after giving birth and (b) an additional time period, if any, a treating physician determines is necessary for healing after the woman or youth leaves the hospital, birthing center, or clinic.
(20) "Privilege" means any goods or services, education or work programs, or earned early release days, the receipt of which are directly linked to an inmate's (a) good conduct; and (b) good performance. Privileges do not include any goods or services the department is required to provide under the state or federal Constitution or under state or federal law.
(21) "Promising practice" means a practice that presents, based on preliminary information, potential for becoming a research‑based or consensus‑based practice.
(22) "Research‑based" means a program or practice that has some research demonstrating effectiveness, but that does not yet meet the standard of evidence‑based practices.
(23) "Restraints" means anything used to control the movement of a person's body or limbs and includes:
(a) Physical restraint; or
(b) Mechanical device including but not limited to: Metal handcuffs, plastic ties, ankle restraints, leather cuffs, other hospital-type restraints, tasers, or batons.
(24) "Secretary" means the secretary of corrections or his or her designee.
(25) "Significant expansion" includes any expansion into a new product line or service to the class I business that results from an increase in benefits provided by the department, including a decrease in labor costs, rent, or utility rates (for water, sewer, electricity, and disposal), an increase in work program space, tax advantages, or other overhead costs.
(26) "Superintendent" means the superintendent of a correctional facility under the jurisdiction of the Washington state department of corrections, or his or her designee.
(27) "Transportation" means the conveying, by any means, of an incarcerated pregnant woman or youth from the correctional facility to another location from the moment she leaves the correctional facility to the time of arrival at the other location, and includes the escorting of the pregnant incarcerated woman or youth from the correctional facility to a transport vehicle and from the vehicle to the other location.
(28) "Unfair
competition" means any net competitive advantage that a business may
acquire as a result of a correctional industries contract, including labor
costs, rent, tax advantages, utility rates (water, sewer, electricity, and
disposal), and other overhead costs. To determine net competitive advantage,
the ((correctional industries board)) department of corrections
shall review and quantify any expenses unique to operating a for-profit
business inside a prison.
(29) "Vocational training" or "vocational education" means "vocational education" as defined in RCW 72.62.020.
(30) "Washington business" means an in-state manufacturer or service provider subject to chapter 82.04 RCW existing on June 10, 2004.
(31) "Work programs" means all classes of correctional industries jobs authorized under RCW 72.09.100.
Sec. 39. RCW 72.62.020 and 1989 c 185 s 12 are each amended to read as follows:
When used in this chapter, unless the context otherwise requires:
The term
"vocational education" means a planned series of learning
experiences, the specific objective of which is to prepare individuals for
gainful employment as semiskilled or skilled workers or technicians or
subprofessionals in recognized occupations and in new and emerging occupations,
but shall not mean programs the primary characteristic of which is repetitive
work for the purpose of production, including the correctional industries program.
Nothing in this section shall be construed to prohibit the ((correctional
industries board of directors)) department of corrections from
identifying and establishing trade advisory or apprenticeship committees to
advise them on correctional industries work programs.
Sec. 40. RCW 72.09.080 and 1993 sp.s. c 20 s 4 are each amended to read as follows:
(1) The correctional
industries ((board of directors)) advisory committee shall
consist of nine voting members, appointed by the ((governor)) secretary.
Each member shall serve a three-year staggered term. ((Initially, the
governor shall appoint three members to one- year terms, three members to
two-year terms, and three members to three-year terms.)) The speaker of
the house of representatives and the president of the senate shall each
appoint one member from each of the two largest caucuses in their respective
houses. The legislators so appointed shall be nonvoting members and shall
serve two-year terms, or until they cease to be members of the house from which
they were appointed, whichever occurs first. The nine members appointed by the
((governor)) secretary shall include three representatives from
labor, three representatives from business representing cross-sections of
industries and all sizes of employers, and three members from the general
public.
(2) The ((board of
directors)) committee shall elect a chair and such other officers as
it deems appropriate from among the voting members.
(3) The voting members
of the ((board of directors)) committee shall serve with
compensation pursuant to RCW 43.03.240 and shall be reimbursed by the
department for travel expenses and per diem under RCW 43.03.050 and 43.03.060,
as now or hereafter amended. Legislative members shall be reimbursed under RCW
44.04.120, as now or hereafter amended.
(4) The secretary shall provide such staff services, facilities, and equipment as the board shall require to carry out its duties.
Hanford Area Economic Investment Fund Committee
Sec. 41. RCW 43.31.425 and 1998 c 76 s 2 are each amended to read as follows:
The Hanford area economic investment fund advisory committee is hereby established to advise the director of the department of commerce.
(1) The committee shall
have eleven members. The ((governor)) director of the department of
commerce shall appoint the members, in consultation with Hanford area
elected officials, subject to the following requirements:
(a) All members shall either reside or be employed within the Hanford area.
(b) The committee shall have a balanced membership representing one member each from the elected leadership of Benton county, Franklin county, the city of Richland, the city of Kennewick, the city of Pasco, a Hanford area port district, the labor community, and four members from the Hanford area business and financial community.
(c) Careful consideration shall be given to assure minority representation on the committee.
(2) Each member
appointed by the ((governor)) director of the department of commerce
shall serve a term of three years((, except that of the members first
appointed, four shall serve two-year terms and four shall serve one-year terms)).
A person appointed to fill a vacancy of a member shall be appointed in a like
manner and shall serve for only the unexpired term. A member is eligible for
reappointment. A member may be removed by the ((governor)) director
of the department of commerce for cause.
(3) The ((governor))
director of the department of commerce shall designate a member of the
committee as its chairperson. The committee may elect such other officers as
it deems appropriate. Six members of the committee constitute a quorum and six
affirmative votes are necessary for the transaction of business or the exercise
of any power or function of the committee.
(4) The members shall serve without compensation, but are entitled to reimbursement for actual and necessary expenses incurred in the performance of official duties in accordance with RCW 43.03.050 and 43.03.060.
(5) Members shall not be liable to the state, to the fund, or to any other person as a result of their activities, whether ministerial or discretionary, as members except for willful dishonesty or intentional violations of law. The department may purchase liability insurance for members and may indemnify these persons against the claims of others.
Sec. 42. RCW 43.31.422 and 2004 c 77 s 1 are each amended to read as follows:
The Hanford area economic
investment fund is established in the custody of the state treasurer. Moneys
in the fund shall only be used for reasonable assistant attorney general costs
in support of the committee or pursuant to the decisions of the committee
created in RCW 43.31.425 for Hanford area revolving loan funds, Hanford area
infrastructure projects, or other Hanford area economic development and
diversification projects, but may not be used for government or nonprofit
organization operating expenses. Up to five percent of moneys in the fund may
be used for program administration. For the purpose of this chapter
"Hanford area" means Benton and Franklin counties. The director of
((community, trade, and economic development)) commerce or the
director's designee shall authorize disbursements from the fund ((after an
affirmative vote of at least six members)) with the advice of the
committee created in RCW 43.31.425 ((on any decisions reached by the
committee created in RCW 43.31.425)). The fund is subject to the allotment
procedures under chapter 43.88 RCW, but no appropriation is required for
disbursements. The legislature intends to establish similar economic
investment funds for areas that develop low-level radioactive waste disposal
facilities.
Home Inspector Advisory Licensing Board
Sec. 43. RCW 18.280.040 and 2008 c 119 s 4 are each amended to read as follows:
(1) The state home inspector
advisory licensing board is created. The board consists of seven members
appointed by the ((governor)) director, who shall advise the
director concerning the administration of this chapter. Of the appointments to
this board, six must be actively engaged as home inspectors immediately prior
to their appointment to the board, and one must be currently teaching in a home
inspector education program. Insofar as possible, the composition of the
appointed home inspector members of the board must be generally representative
of the geographic distribution of home inspectors licensed under this chapter.
No more than two board members may be members of a particular national home
inspector association or organization.
(2) A home inspector must have the following qualifications to be appointed to the board:
(a) Actively engaged as a home inspector in the state of Washington for five years;
(b) Licensed as a home inspector under this chapter, except for initial appointments; and
(c) Performed a minimum of five hundred home inspections in the state of Washington.
(3) Members of the board
are appointed for three‑year terms. Terms must be staggered so that not
more than two appointments are scheduled to be made in any calendar year.
Members hold office until the expiration of the terms for which they were
appointed. The ((governor)) director may remove a board member
for just cause. The ((governor)) director may appoint a new
member to fill a vacancy on the board for the remainder of the unexpired term.
All board members are limited to two consecutive terms.
(4) Each board member is entitled to compensation for each day spent conducting official business and to reimbursement for travel expenses in accordance with RCW 43.03.240, 43.03.050, and 43.03.060.
Real Estate Appraiser Commission
Sec. 44. RCW 18.140.230 and 2005 c 339 s 19 are each amended to read as follows:
There is established the real estate appraiser commission of the state of Washington, consisting of seven members who shall act to give advice to the director.
(1) The seven commission
members shall be appointed by the ((governor)) director in the
following manner: For a term of six years each, with the exception of the
first appointees who shall be the incumbent members of the predecessor real
estate appraiser advisory committee to serve for the duration of their current
terms, with all other subsequent appointees to be appointed for a six-year
term.
(2) At least two of the commission members shall be selected from the area of the state east of the Cascade mountain range and at least two of the commission members shall be selected from the area of the state west of the Cascade mountain range. At least two members of the commission shall be certified general real estate appraisers, at least two members of the commission shall be certified residential real estate appraisers, and at least one member of the commission may be a licensed real estate appraiser, all pursuant to this chapter. No certified or licensed appraiser commission member shall be appointed who has not been certified and/or licensed pursuant to this chapter for less than ten years, except that this experience duration shall be not less than five years only for any commission member taking office before January 1, 2003. One member shall be an employee of a financial institution as defined in this chapter whose duties are concerned with real estate appraisal management and policy. One member shall be an individual engaged in mass appraisal whose duties are concerned with ad valorem appraisal management and policy and who is licensed or certified under this chapter. One member may be a member of the general public.
(3) The members of the commission annually shall elect their chairperson and vice chairperson to serve for a term of one calendar year. A majority of the members of said commission shall at all times constitute a quorum.
(4) Any vacancy on the
commission shall be filled by appointment by the ((governor)) director
for the unexpired term.
Escrow Commission
Sec. 45. RCW 18.44.011 and 2010 c 34 s 1 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Committee"
means the escrow advisory committee of the state of Washington created by RCW
18.44.500.
(2) "Controlling person" is any person who owns or
controls ten percent or more of the beneficial ownership of any escrow agent,
regardless of the form of business organization employed and regardless of
whether such interest stands in such person's true name or in the name of a
nominee.
(((2))) (3)
"Department" means the department of financial institutions.
(((3))) (4)
"Designated escrow officer" means any licensed escrow officer
designated by a licensed escrow agent and approved by the director as the licensed
escrow officer responsible for supervising that agent's handling of escrow
transactions, management of the agent's trust account, and supervision of all
other licensed escrow officers employed by the agent.
(((4))) (5)
"Director" means the director of financial institutions, or his or
her duly authorized representative.
(((5))) (6)
"Director of licensing" means the director of the department of
licensing, or his or her duly authorized representative.
(((6))) (7)
"Escrow" means any transaction, except the acts of a qualified
intermediary in facilitating an exchange under section 1031 of the internal
revenue code, wherein any person or persons, for the purpose of effecting and
closing the sale, purchase, exchange, transfer, encumbrance, or lease of real
or personal property to another person or persons, delivers any written
instrument, money, evidence of title to real or personal property, or other
thing of value to a third person to be held by such third person until the
happening of a specified event or the performance of a prescribed condition or
conditions, when it is then to be delivered by such third person, in compliance
with instructions under which he or she is to act, to a grantee, grantor,
promisee, promisor, obligee, obligor, lessee, lessor, bailee, bailor, or any
agent or employee thereof.
(((7))) (8)
"Escrow agent" means any person engaged in the business of performing
for compensation the duties of the third person referred to in subsection (((6)))
(7) of this section.
(((8) "Escrow commission" means the escrow commission of the state of Washington created by RCW 18.44.500.))
(9) "Licensed escrow agent" means any sole proprietorship, firm, association, partnership, or corporation holding a license as an escrow agent under the provisions of this chapter.
(10) "Licensed escrow officer" means any natural person handling escrow transactions and licensed as such by the director.
(11) "Person" means a natural person, firm, association, partnership, corporation, limited liability company, or the plural thereof, whether resident, nonresident, citizen, or not.
(12) "Split escrow" means a transaction in which two or more escrow agents act to effect and close an escrow transaction.
Sec. 46. RCW 18.44.221 and 1999 c 30 s 31 are each amended to read as follows:
The director shall,
within thirty days after ((the)) a written request ((of the
escrow commission)), hold a public hearing to determine whether the
fidelity bond, surety bond, and/or the errors and omissions policy specified in
RCW 18.44.201 is reasonably available to a substantial number of licensed
escrow agents. If the director determines and the insurance commissioner
concurs that such bond or bonds and/or policy is not reasonably available, the
director shall waive the requirements for such bond or bonds and/or policy for
a fixed period of time.
Sec. 47. RCW 18.44.251 and 1995 c 238 s 5 are each amended to read as follows:
A request for a waiver of the required errors and omissions policy may be accomplished under the statute by submitting to the director an affidavit that substantially addresses the following:
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REQUEST FOR WAIVER OF ERRORS AND OMISSIONS POLICY
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I, . . . . . ., residing at . . . . . ., City of . . . . . ., County of . . . . . ., State of Washington, declare the following: |
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(1) (( available to a substantial number of licensed escrow officers; and |
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(2) Purchasing an errors and omissions policy is cost-prohibitive at this time; and |
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(3) I have not engaged in any conduct that resulted in the termination of my escrow certificate; and |
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(4) I have not paid, directly or through an errors and omissions policy, claims in excess of ten thousand dollars, exclusive of costs and attorneys' fees, during the calendar year preceding submission of this affidavit; and |
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(5) I have not paid, directly or through an errors and omissions policy, claims, exclusive of costs and attorneys' fees, totaling in excess of twenty thousand dollars in the three calendar years immediately preceding submission of this affidavit; and |
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(6) I have not been convicted of a crime involving honesty or moral turpitude during the calendar year preceding submission of this application. |
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THEREFORE, in consideration of the above, I, . . . . . ., respectfully request that the director of financial institutions grant this request for a waiver of the requirement that I purchase and maintain an errors and omissions policy covering my activities as an escrow agent licensed by the state of Washington for the period from . . . . . ., 19 . . ., to . . . . . ., 19 . . . |
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Submitted this day of . . . . day of . . . . . ., 19 . . .
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State of Washington, |
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I certify that I know or have satisfactory evidence that . . . . . . . . ., signed this instrument and acknowledged it to be . . . . . . . . . free and voluntary act for the uses and purposes mentioned in the instrument.
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My appointment expires ................ |
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Sec. 48. RCW 18.44.195 and 2010 c 34 s 9 are each amended to read as follows:
(1) Any person desiring to become a licensed escrow officer must successfully pass an examination as required by the director.
(2) The examination
shall be in such form as prescribed by the director with the advice of the ((escrow
commission)) committee.
Sec. 49. RCW 18.44.510 and 1984 c 287 s 37 are each amended to read as follows:
The ((escrow commission))
committee members shall each be compensated in accordance with RCW
43.03.240 and shall be reimbursed for travel expenses as provided for state
officials and employees in RCW 43.03.050 and 43.03.060, when called into
session by the director or when otherwise engaged in the business of the ((commission))
committee.
Sec. 50. RCW 18.44.500 and 1995 c 238 s 3 are each amended to read as follows:
There is established ((an
escrow commission)) a committee of the state of Washington, to
consist of the director of financial institutions or his or her designee as ((chairman))
chair, and five other members who shall act as advisors to the director
as to the needs of the escrow profession, including but not limited to the
design and conduct of tests to be administered to applicants for escrow
licenses, the schedule of license fees to be applied to the escrow licensees,
educational programs, audits and investigations of the escrow profession
designed to protect the consumer, and such other matters determined
appropriate. The director is hereby empowered to and shall appoint the other
members, each of whom shall have been a resident of this state for at least
five years and shall have at least five years experience in the practice of escrow
as an escrow agent or as a person in responsible charge of escrow transactions.
((The members of the first commission shall serve for the following terms: One member for one year, one member for two years, one member for three years, one member for four years, and one member for five years, from the date of their appointment, or until their successors are duly appointed and qualified.)) Every member of the ((commission)) committee shall receive a certificate of appointment from the director and before beginning the member's term of office shall file with the secretary of state a written oath or affirmation for the faithful discharge of the member's official duties. On the expiration of the term of each member, the director shall appoint a successor to serve for a term of five years or until the member's successor has been appointed and qualified.
The director may remove
any member of the ((commission)) committee for cause. Vacancies
in the ((commission)) committee for any reason shall be filled by
appointment for the unexpired term.
Members shall be compensated in accordance with RCW 43.03.240, and shall be reimbursed for their travel expenses incurred in carrying out the provisions of this chapter in accordance with RCW 43.03.050 and 43.03.060.
Livestock Identification Advisory Board
Sec. 51. RCW 16.57.015 and 2003 c 326 s 3 are each amended to read as follows:
(1) The director shall
establish a livestock identification advisory ((board)) committee.
The ((board)) committee shall be composed of six members
appointed by the director. One member shall represent each of the following
groups: Beef producers, public livestock market operators, horse owners, dairy
farmers, cattle feeders, and meat processors. As used in this subsection,
"meat processor" means a person licensed to operate a slaughtering
establishment under chapter 16.49 RCW or the federal meat inspection act (21
U.S.C. Sec. 601 et seq.). In making appointments, the director shall solicit
nominations from organizations representing these groups statewide. The ((board))
committee shall elect a member to serve as chair of the ((board))
committee.
(2) The purpose of the
((board)) committee is to provide advice to the director
regarding livestock identification programs administered under this chapter and
regarding inspection fees and related licensing fees. The director shall
consult the ((board)) committee before adopting, amending, or
repealing a rule under this chapter or altering a fee under RCW 16.58.050,
16.65.030, 16.65.037, or 16.65.090. If the director publishes in the state
register a proposed rule to be adopted under the authority of this chapter and
the rule has not received the approval of the advisory ((board)) committee,
the director shall file with the ((board)) committee a written
statement setting forth the director's reasons for proposing the rule without
the ((board's)) committee's approval.
(3) The members of the
advisory ((board)) committee serve three- year terms. However,
the director shall by rule provide shorter initial terms for some of the
members of the ((board)) committee to stagger the expiration of
the initial terms. The members serve without compensation. The director may
authorize the expenses of a member to be reimbursed if the member is selected
to attend a regional or national conference or meeting regarding livestock
identification. Any such reimbursement shall be in accordance with RCW
43.03.050 and 43.03.060.
Sec. 52. RCW 16.57.353 and 2004 c 233 s 1 are each amended to read as follows:
(1) The director may adopt rules:
(a) To support the agriculture industry in meeting federal requirements for the country-of-origin labeling of meat. Any requirements established under this subsection for country of origin labeling purposes shall be substantially consistent with and shall not exceed the requirements established by the United States department of agriculture; and
(b) In consultation with
the livestock identification advisory ((board)) committee under
RCW 16.57.015, to implement federal requirements for animal identification
needed to trace the source of livestock for disease control and response
purposes.
(2) The director may cooperate with and enter into agreements with other states and agencies of federal government to carry out such systems and to promote consistency of regulation.
Superintendent of Public Instruction
NEW SECTION. Sec. 53. A new section is added to chapter 28A.300 RCW to read as follows:
In addition to any board, commission, council, committee, or other similar group established by statute or executive order, the superintendent of public instruction may appoint advisory groups on subject matters within the superintendent's responsibilities or as may be required by any federal legislation as a condition to the receipt of federal funds by the federal department. The advisory groups shall be constituted as required by federal law or as the superintendent may determine.
Members of advisory groups under the authority of the superintendent may be paid their travel expenses in accordance with RCW 43.03.050 and 43.03.060.
Except as provided in this section, members of advisory groups under the authority of the superintendent are volunteering their services and are not eligible for compensation. A person is eligible to receive compensation in an amount not to exceed one hundred dollars for each day during which the member attends an official meeting of the group or performs statutorily prescribed duties approved by the chairperson of the group if the person (1) occupies a position, normally regarded as full-time in nature, as a certificated employee of a local school district; (2) is participating as part of their employment with the local school district; and (3) the meeting or duties are performed outside the period in which school days as defined by RCW 28A.150.030 are conducted. The superintendent may reimburse local school districts for substitute certificated employees to enable members to meet or perform duties on school days. A person is eligible to receive compensation from federal funds in an amount to be determined by personal service contract for groups required by federal law.
Quality Education Council
Sec. 54. RCW 28A.290.010 and 2010 c 236 s 15 and 2010 c 234 s 4 are each reenacted and amended to read as follows:
(1) The quality education council is created to recommend and inform the ongoing implementation by the legislature of an evolving program of basic education and the financing necessary to support such program. The council shall develop strategic recommendations on the program of basic education for the common schools. The council shall take into consideration the capacity report produced under RCW 28A.300.172 and the availability of data and progress of implementing the data systems required under RCW 28A.655.210. Any recommendations for modifications to the program of basic education shall be based on evidence that the programs effectively support student learning. The council shall update the statewide strategic recommendations every four years. The recommendations of the council are intended to:
(a) Inform future educational policy and funding decisions of the legislature and governor;
(b) Identify measurable goals and priorities for the educational system in Washington state for a ten-year time period, including the goals of basic education and ongoing strategies for coordinating statewide efforts to eliminate the achievement gap and reduce student dropout rates; and
(c) Enable the state of Washington to continue to implement an evolving program of basic education.
(2) The council may request updates and progress reports from the office of the superintendent of public instruction, the state board of education, the professional educator standards board, and the department of early learning on the work of the agencies as well as educational working groups established by the legislature.
(3) The chair of the council shall be selected from the councilmembers. The council shall be composed of the following members:
(a) Four members of the house of representatives, with two members representing each of the major caucuses and appointed by the speaker of the house of representatives;
(b) Four members of the senate, with two members representing each of the major caucuses and appointed by the president of the senate;
(c) One representative each from the office of the governor, office of the superintendent of public instruction, state board of education, professional educator standards board, and department of early learning; and
(d) One nonlegislative
representative from the ((achievement)) educational opportunity
gap oversight and accountability committee established under RCW 28A.300.136,
to be selected by the members of the committee.
(4) ((In the 2009 fiscal year, the council shall meet as often as necessary as determined by the chair. In subsequent years,)) The council shall meet no more than four ((times)) days a year.
(5)(a) The council shall submit an initial report to the governor and the legislature by January 1, 2010, detailing its recommendations, including recommendations for resolving issues or decisions requiring legislative action during the 2010 legislative session, and recommendations for any funding necessary to continue development and implementation of chapter 548, Laws of 2009.
(b) The initial report shall, at a minimum, include:
(i) Consideration of how to establish a statewide beginning teacher mentoring and support system;
(ii) Recommendations for a program of early learning for at-risk children;
(iii) A recommended schedule for the concurrent phase-in of the changes to the instructional program of basic education and the implementation of the funding formulas and allocations to support the new instructional program of basic education as established under chapter 548, Laws of 2009. The phase-in schedule shall have full implementation completed by September 1, 2018; and
(iv) A recommended schedule for phased-in implementation of the new distribution formula for allocating state funds to school districts for the transportation of students to and from school, with phase-in beginning no later than September 1, 2013.
(6) The council shall submit a report to the legislature by January 1, 2012, detailing its recommendations for a comprehensive plan for a voluntary program of early learning. Before submitting the report, the council shall seek input from the early learning advisory council created in RCW 43.215.090.
(7) The council shall submit a report to the governor and the legislature by December 1, 2010, that includes:
(a) Recommendations for
specific strategies, programs, and funding, including funding allocations
through the funding distribution formula in RCW 28A.150.260, that are designed
to close the achievement gap and increase the high school graduation rate in
Washington public schools. The council shall consult with the ((achievement))
educational opportunity gap oversight and accountability committee and
the building bridges work group in developing its recommendations; and
(b) Recommendations for assuring adequate levels of state‑funded classified staff to support essential school and district services.
(8) The council shall be staffed by the office of the superintendent of public instruction and the office of financial management. Additional staff support shall be provided by the state entities with representatives on the council. Senate committee services and the house of representatives office of program research may provide additional staff support.
(9) Legislative members of the council shall serve without additional compensation but may be reimbursed for travel expenses in accordance with RCW 44.04.120 while attending sessions of the council or on official business authorized by the council. Nonlegislative members of the council may be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
PART II - OTHER PROVISIONS
Sec. 55. RCW 43.03.220 and 2010 1st sp.s. c 7 s 142 are each amended to read as follows:
(1) Any part-time board, commission, council, committee, or other similar group which is established by the executive, legislative, or judicial branch to participate in state government and which functions primarily in an advisory, coordinating, or planning capacity shall be identified as a class one group.
(2) Absent any other provision of law to the contrary, no money beyond the customary reimbursement or allowance for expenses may be paid by or through the state to members of class one groups for attendance at meetings of such groups.
(3) ((Beginning July
1, 2010, through June 30, 2011,)) (a) No person designated as a
member of a class one board, commission, council, committee, or similar group
may receive an allowance for subsistence, lodging, or travel expenses if the
allowance cost is funded by the state general fund. Exceptions may be granted
under section ((605, chapter 3, Laws of 2010)) 63 of this act.
Class one groups, when feasible, shall use an alternative means of conducting a
meeting that does not require travel while still maximizing member and public
participation and may use a meeting format that requires members to be
physically present at one location only when necessary or required by law. ((Meetings
that require a member's physical presence at one location must be held in state
facilities whenever possible, and meetings conducted using private facilities
must be approved by the director of the office of financial management.
(4) Beginning July 1, 2010, through June 30, 2011,)) (b) Class
one groups that are funded by sources other than the state general fund are
encouraged to reduce travel, lodging, and other costs associated with
conducting the business of the group including use of other meeting formats
that do not require travel.
Sec. 56. RCW 43.03.230 and 2010 1st sp.s. c 7 s 143 are each amended to read as follows:
(1) Any agricultural commodity board or commission established pursuant to Title 15 or 16 RCW shall be identified as a class two group for purposes of compensation.
(2) Except as otherwise provided in this section, each member of a class two group is eligible to receive compensation in an amount not to exceed one hundred dollars for each day during which the member attends an official meeting of the group or performs statutorily prescribed duties approved by the chairperson of the group. A person shall not receive compensation for a day of service under this section if the person (a) occupies a position, normally regarded as full-time in nature, in any agency of the federal government, Washington state government, or Washington state local government; and (b) receives any compensation from such government for working that day.
(3) Compensation may be paid a member under this section only if it is authorized under the law dealing in particular with the specific group to which the member belongs or dealing in particular with the members of that specific group.
(4) ((Beginning July
1, 2010, through June 30, 2011,)) No person designated as a member
of a class two board, commission, council, committee, or similar group may
receive an allowance for subsistence, lodging, or travel expenses if the
allowance cost is funded by the state general fund. Exceptions may be granted
under section ((605, chapter 3, Laws of 2010)) 63 of this act.
Class two groups, when feasible, shall use an alternative means of conducting a
meeting that does not require travel while still maximizing member and public
participation and may use a meeting format that requires members to be
physically present at one location only when necessary or required by law. ((Meetings
that require a member's physical presence at one location must be held in state
facilities whenever possible, and meetings conducted using private facilities
must be approved by the director of the office of financial management.))
(5) ((Beginning July
1, 2010, through June 30, 2011,)) Class two groups that are funded
by sources other than the state general fund are encouraged to reduce travel,
lodging, and other costs associated with conducting the business of the group
including use of other meeting formats that do not require travel.
Sec. 57. RCW 43.03.240 and 2010 1st sp.s. c 7 s 144 are each amended to read as follows:
(1) Any part-time, statutory board, commission, council, committee, or other similar group which has rule-making authority, performs quasi judicial functions, has responsibility for the administration or policy direction of a state agency or program, or performs regulatory or licensing functions with respect to a specific profession, occupation, business, or industry shall be identified as a class three group for purposes of compensation.
(2) Except as otherwise provided in this section, each member of a class three group is eligible to receive compensation in an amount not to exceed fifty dollars for each day during which the member attends an official meeting of the group or performs statutorily prescribed duties approved by the chairperson of the group. A person shall not receive compensation for a day of service under this section if the person (a) occupies a position, normally regarded as full-time in nature, in any agency of the federal government, Washington state government, or Washington state local government; and (b) receives any compensation from such government for working that day.
(3) Compensation may be paid a member under this section only if it is authorized under the law dealing in particular with the specific group to which the member belongs or dealing in particular with the members of that specific group.
(4) ((Beginning July
1, 2010, through June 30, 2011,)) No person designated as a member
of a class three board, commission, council, committee, or similar group may
receive an allowance for subsistence, lodging, or travel expenses if the
allowance cost is funded by the state general fund. Exceptions may be granted
under section ((605, chapter 3, Laws of 2010)) 63 of this act.
Class three groups, when feasible, shall use an alternative means of conducting
a meeting that does not require travel while still maximizing member and public
participation and may use a meeting format that requires members to be
physically present at one location only when necessary or required by law. ((Meetings
that require a member's physical presence at one location must be held in state
facilities whenever possible, and meetings conducted using private facilities
must be approved by the director of the office of financial management.))
(5) ((Beginning July
1, 2010, through June 30, 2011,)) Class three groups that are funded
by sources other than the state general fund are encouraged to reduce travel,
lodging, and other costs associated with conducting the business of the group
including use of other meeting formats that do not require travel.
Sec. 58. RCW 43.03.250 and 2010 1st sp.s. c 7 s 145 are each amended to read as follows:
(1) A part-time, statutory board, commission, council, committee, or other similar group shall be identified as a class four group for purposes of compensation if the group:
(a) Has rule-making authority, performs quasi-judicial functions, or has responsibility for the administration or policy direction of a state agency or program;
(b) Has duties that are deemed by the legislature to be of overriding sensitivity and importance to the public welfare and the operation of state government; and
(c) Requires service from its members representing a significant demand on their time that is normally in excess of one hundred hours of meeting time per year.
(2) Each member of a class four group is eligible to receive compensation in an amount not to exceed one hundred dollars for each day during which the member attends an official meeting of the group or performs statutorily prescribed duties approved by the chairperson of the group. A person shall not receive compensation for a day of service under this section if the person (a) occupies a position, normally regarded as full-time in nature, in any agency of the federal government, Washington state government, or Washington state local government; and (b) receives any compensation from such government for working that day.
(3) Compensation may be paid a member under this section only if it is authorized under the law dealing in particular with the specific group to which the member belongs or dealing in particular with the members of that specific group.
(4) ((Beginning July
1, 2010, through June 30, 2011,)) Class four groups, when feasible,
shall use an alternative means of conducting a meeting that does not require
travel while still maximizing member and public participation and may use a
meeting format that requires members to be physically present at one location
only when necessary or required by law. ((Meetings that require a member's
physical presence at one location must be held in state facilities whenever
possible, and meetings conducted using private facilities must be approved by
the director of the office of financial management.))
Sec. 59. RCW 43.03.265 and 2010 1st sp.s. c 7 s 146 are each amended to read as follows:
(1) Any part-time commission that has rule-making authority, performs quasi-judicial functions, has responsibility for the policy direction of a health profession credentialing program, and performs regulatory and licensing functions with respect to a health care profession licensed under Title 18 RCW shall be identified as a class five group for purposes of compensation.
(2) Except as otherwise provided in this section, each member of a class five group is eligible to receive compensation in an amount not to exceed two hundred fifty dollars for each day during which the member attends an official meeting of the group or performs statutorily prescribed duties approved by the chairperson of the group. A person shall not receive compensation for a day of service under this section if the person (a) occupies a position, normally regarded as full-time in nature, in any agency of the federal government, Washington state government, or Washington state local government; and (b) receives any compensation from such government for working that day.
(3) Compensation may be paid a member under this section only if it is necessarily incurred in the course of authorized business consistent with the responsibilities of the commission established by law.
(4) ((Beginning July
1, 2010, through June 30, 2011,)) No person designated as a member
of a class five board, commission, council, committee, or similar group may
receive an allowance for subsistence, lodging, or travel expenses if the
allowance cost is funded by the state general fund. Exceptions may be granted
under section ((605, chapter 3, Laws of 2010)) 63 of this act.
Class five groups, when feasible, shall use an alternative means of conducting
a meeting that does not require travel while still maximizing member and public
participation and may use a meeting format that requires members to be
physically present at one location only when necessary or required by law. ((Meetings
that require a member's physical presence at one location must be held in state
facilities whenever possible, and meetings conducted using private facilities
must be approved by the director of the office of financial management.))
(5) ((Beginning July
1, 2010, through June 30, 2011,)) Class five groups that are funded
by sources other than the state general fund are encouraged to reduce travel,
lodging, and other costs associated with conducting the business of the group
including use of other meeting formats that do not require travel.
NEW SECTION. Sec. 60. A new section is added to chapter 39.29 RCW to read as follows:
Except under a specific statute to the contrary, agencies are prohibited from entering into personal service contracts with members of any agency board, commission, council, committee, or other similar group formed to advise the activities and management of state government for services related to work done as a member of the agency board, commission, council, committee, or other similar group.
Sec. 61. RCW 43.03.050 and 2010 1st sp.s. c 7 s 141 are each amended to read as follows:
(1) The director of financial management shall prescribe reasonable allowances to cover reasonable and necessary subsistence and lodging expenses for elective and appointive officials and state employees while engaged on official business away from their designated posts of duty. The director of financial management may prescribe and regulate the allowances provided in lieu of subsistence and lodging expenses and may prescribe the conditions under which reimbursement for subsistence and lodging may be allowed. The schedule of allowances adopted by the office of financial management may include special allowances for foreign travel and other travel involving higher than usual costs for subsistence and lodging. The allowances established by the director shall not exceed the rates set by the federal government for federal employees. However, during the 2003-05 fiscal biennium, the allowances for any county that is part of a metropolitan statistical area, the largest city of which is in another state, shall equal the allowances prescribed for that larger city.
(2) Those persons appointed to serve without compensation on any state board, commission, or committee, if entitled to payment of travel expenses, shall be paid pursuant to special per diem rates prescribed in accordance with subsection (1) of this section by the office of financial management.
(3) The director of financial management may prescribe reasonable allowances to cover reasonable expenses for meals, coffee, and light refreshment served to elective and appointive officials and state employees regardless of travel status at a meeting where: (a) The purpose of the meeting is to conduct official state business or to provide formal training to state employees or state officials; (b) the meals, coffee, or light refreshment are an integral part of the meeting or training session; (c) the meeting or training session takes place away from the employee's or official's regular workplace; and (d) the agency head or authorized designee approves payments in advance for the meals, coffee, or light refreshment. In order to prevent abuse, the director may regulate such allowances and prescribe additional conditions for claiming the allowances.
(4) Upon approval of the agency head or authorized designee, an agency may serve coffee or light refreshments at a meeting where: (a) The purpose of the meeting is to conduct state business or to provide formal training that benefits the state; and (b) the coffee or light refreshment is an integral part of the meeting or training session. The director of financial management shall adopt requirements necessary to prohibit abuse of the authority authorized in this subsection.
(5) The schedule of allowances prescribed by the director under the terms of this section and any subsequent increases in any maximum allowance or special allowances for areas of higher than usual costs shall be reported to the ways and means committees of the house of representatives and the senate at each regular session of the legislature.
(6) ((Beginning July
1, 2010, through June 30, 2011,)) No person designated as a member
of a class one through class three or class five board, commission, council,
committee, or similar group may receive an allowance for subsistence, lodging,
or travel expenses if the allowance cost is funded by the state general fund.
Exceptions may be granted under section ((605, chapter 3, Laws of 2010))
63 of this act.
Sec. 62. RCW 43.03.060 and 1990 c 30 s 2 are each amended to read as follows:
(1) Whenever it becomes necessary for elective or appointive officials or employees of the state to travel away from their designated posts of duty while engaged on official business, and it is found to be more advantageous or economical to the state that travel be by a privately-owned vehicle rather than a common carrier or a state- owned or operated vehicle, a mileage rate established by the director of financial management shall be allowed. The mileage rate established by the director shall not exceed any rate set by the United States treasury department above which the substantiation requirements specified in Treasury Department Regulations section 1.274-5T(a)(1), as now law or hereafter amended, will apply.
(2) The director of financial management may prescribe and regulate the specific mileage rate or other allowance for the use of privately- owned vehicles or common carriers on official business and the conditions under which reimbursement of transportation costs may be allowed. The reimbursement or other payment for transportation expenses of any employee or appointive official of the state shall be based on the method deemed most advantageous or economical to the state.
(3) The mileage rate established by the director of financial management pursuant to this section and any subsequent changes thereto shall be reported to the ways and means committees of the house of representatives and the senate at each regular session of the legislature.
(4) No person designated as a member of a class one through class three or class five board, commission, council, committee, or similar group may receive an allowance for subsistence, lodging, or travel expenses if the allowance cost is funded by the state general fund. Exceptions may be granted under section 63 of this act.
NEW SECTION. Sec. 63. A new section is added to chapter 43.03 RCW to read as follows:
Exceptions to restrictions on subsistence, lodging, or travel expenses under this chapter may be granted for the critically necessary work of an agency. For agencies of the executive branch, the exceptions shall be subject to approval by the director of financial management or the director's designee. For agencies of the judicial branch, the exceptions shall be subject to approval of the chief justice of the supreme court. For the house of representatives and the senate, the exceptions shall be subject to the approval of the chief clerk of the house of representatives and the secretary of the senate, respectively, under the direction of the senate committee on facilities and operations and the executive rules committee of the house of representatives. For other legislative agencies, the exceptions shall be subject to approval of both the chief clerk of the house of representatives and the secretary of the senate under the direction of the senate committee on facilities and operations and the executive rules committee of the house of representatives.
Effective Dates
NEW SECTION. Sec. 64. Except for sections 53 and 60 of this act, 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 July 1, 2011.
On page 1, line 1 of the title, after "commissions;" strike the remainder of the title and insert "amending RCW 72.23.025, 74.39A.095, 74.39A.220, 74.39A.240, 74.39A.250, 74.39A.260, 43.105.340, 67.16.012, 77.12.670, 77.12.690, 77.08.045, 77.12.850, 18.106.110, 49.04.010, 36.93.051, 15.92.090, 43.160.030, 70.94.537, 38.52.040, 70.168.020, 67.17.050, 41.60.015, 43.20A.685, 79A.30.030, 28A.300.136, 43.34.080, 72.09.070, 72.09.090, 72.09.100, 72.09.015, 72.62.020, 72.09.080, 43.31.425, 43.31.422, 18.280.040, 18.140.230, 18.44.221, 18.44.251, 18.44.195, 18.44.510, 18.44.500, 16.57.015, 16.57.353, 43.03.220, 43.03.230, 43.03.240, 43.03.250, 43.03.265, 43.03.050, and 43.03.060; reenacting and amending RCW 74.39A.270, 41.56.030, 18.44.011, and 28A.290.010; adding a new section to chapter 28A.300 RCW; adding a new section to chapter 39.29 RCW; adding a new section to chapter 43.03 RCW; decodifying RCW 74.39A.290; repealing RCW 79A.25.220, 70.127.041, 74.39A.230, 74.39A.280, 77.12.680, 28B.10.922, and 77.12.856; providing an effective date; and declaring an emergency."
and the same is herewith transmitted.
Brad Hendrickson, Deputy, Secretary
SENATE AMENDMENT TO HOUSE BILL
There being no objection, the House concurred in the Senate amendment to ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1371 and advanced the bill as amended by the Senate to final passage.
FINAL PASSAGE OF HOUSE BILL
AS SENATE AMENDED
Representative Darneille spoke in favor of the passage of the bill.
Representatives Alexander and Hunt spoke against the passage of the bill.
MOTIONS
On motion of Representative Van De Wege, Representatives Appleton and Pettigrew were excused. On motion of Representative Hinkle, Representative McCune was excused.
The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 1371, as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1371, as amended by the Senate, and the bill passed the House by the following vote: Yeas, 50; Nays, 45; Absent, 0; Excused, 3.
Voting yea: Representatives Billig, Blake, Carlyle, Clibborn, Cody, Darneille, Dickerson, Dunshee, Eddy, Finn, Fitzgibbon, Frockt, Goodman, Green, Haigh, Hasegawa, Hunter, Hurst, Jinkins, Kagi, Kelley, Kenney, Kirby, Ladenburg, Liias, Lytton, Maxwell, McCoy, Miloscia, Moeller, Morris, Moscoso, Ormsby, Orwall, Pedersen, Probst, Reykdal, Roberts, Rolfes, Ryu, Santos, Sells, Springer, Stanford, Sullivan, Takko, Upthegrove, Van De Wege, Wylie and Mr. Speaker.
Voting nay: Representatives Ahern, Alexander, Anderson, Angel, Armstrong, Asay, Bailey, Buys, Chandler, Condotta, Crouse, Dahlquist, Dammeier, DeBolt, Fagan, Haler, Hargrove, Harris, Hinkle, Hope, Hudgins, Hunt, Johnson, Klippert, Kretz, Kristiansen, Nealey, Orcutt, Overstreet, Parker, Pearson, Rivers, Rodne, Ross, Schmick, Seaquist, Shea, Short, Smith, Taylor, Tharinger, Walsh, Warnick, Wilcox and Zeiger.
Excused: Representatives Appleton, McCune and Pettigrew.
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1371, as amended by the Senate, having received the necessary constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
May 22, 2011
Mr. Speaker:
The Senate receded from its amendment to ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1965, and under suspension of the rules returned ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1965 to second reading for purpose of amendment. The Senate further adopted the following amendment and passed the measure as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that adverse childhood experiences are a powerful common determinant of a child's ability to be successful at school and, as an adult, to be successful at work, to avoid behavioral and chronic physical health conditions, and to build healthy relationships. The purpose of this chapter is to identify the primary causes of adverse childhood experiences in communities and to mobilize broad public and private support to prevent harm to young children and reduce the accumulated harm of adverse experiences throughout childhood. A focused effort is needed to: (1) Identify and promote the use of innovative strategies based on evidence-based and research-based approaches and practices; and (2) align public and private policies and funding with approaches and strategies which have demonstrated effectiveness.
The legislature recognizes that many community public health and safety networks across the state have knowledge and expertise regarding the reduction of adverse childhood experiences and can provide leadership on this initiative in their communities. In addition, a broad range of community coalitions involved with early learning, child abuse prevention, and community mobilization have coalesced in many communities. The adverse childhood experiences initiative should coordinate and assemble the strongest components of these networks and coalitions to effectively respond to the challenge of reducing and preventing adverse childhood experiences while providing flexibility for communities to design responses that are appropriate for their community.
NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Adverse childhood experiences" means the following indicators of severe childhood stressors and family dysfunction that, when experienced in the first eighteen years of life and taken together, are proven by public health research to be powerful determinants of physical, mental, social, and behavioral health across the lifespan: Child physical abuse; child sexual abuse; child emotional abuse; child emotional or physical neglect; alcohol or other substance abuse in the home; mental illness, depression, or suicidal behaviors in the home; incarceration of a family member; witnessing intimate partner violence; and parental divorce or separation. Adverse childhood experiences have been demonstrated to affect the development of the brain and other major body systems.
(2) "Community public health and safety networks" or "networks" means the organizations authorized under RCW 70.190.060.
(3) "Department" means the department of social and health services.
(4) "Director" means the director of the department of early learning.
(5) "Evidence-based" has the same meaning as in RCW 43.215.146.
(6) "Research-based" has the same meaning as in RCW 43.215.146.
(7) "Secretary" means the secretary of social and health services.
NEW SECTION. Sec. 3. (1)(a) The secretary of the department of social and health services and the director of the department of early learning shall actively participate in the development of a nongovernmental private-public initiative focused on coordinating government and philanthropic organizations' investments in the positive development of children and preventing and mitigating the effects of adverse childhood experiences. The secretary and director shall convene a planning group to work with interested private partners to: (i) Develop a process by which the goals identified in section 1 of this act shall be met; and (ii) develop recommendations for inclusive and diverse governance to advance the adverse childhood experiences initiative.
(b) The secretary and director shall select no more than twelve to fifteen persons as members of the planning group. The members selected must represent a diversity of interests including: Early learning coalitions, community public health and safety networks, organizations that work to prevent and address child abuse and neglect, tribes, representatives of public agency agencies involved with interventions in or prevention of adverse childhood experiences, philanthropic organizations, and organizations focused on community mobilization.
(c) The secretary and director shall cochair the planning group meetings and shall convene the first meeting.
(2) The planning group shall submit a report on its progress and recommendations to the appropriate legislative committees no later than December 15, 2011.
(3) In addition to other powers granted to the secretary, the secretary may:
(a) Enter into contracts on behalf of the department to carry out the purposes of this chapter;
(b) Provide funding to communities or any governance entity that is created as a result of the partnership; and
(c) Accept gifts, grants, or other funds for the purposes of this chapter.
Sec. 4. RCW 13.40.462 and 2006 c 304 s 2 are each amended to read as follows:
(1) The department of social and health services juvenile rehabilitation administration shall establish a reinvesting in youth program that awards grants to counties for implementing research-based early intervention services that target juvenile justice-involved youth and reduce crime, subject to the availability of amounts appropriated for this specific purpose.
(2) Effective July 1, 2007, any county or group of counties may apply for participation in the reinvesting in youth program.
(3) Counties that participate in the reinvesting in youth program shall have a portion of their costs of serving youth through the research-based intervention service models paid for with moneys from the reinvesting in youth account established pursuant to RCW 13.40.466.
(4) The department of social and health services juvenile rehabilitation administration shall review county applications for funding through the reinvesting in youth program and shall select the counties that will be awarded grants with funds appropriated to implement this program. The department, in consultation with the Washington state institute for public policy, shall develop guidelines to determine which counties will be awarded funding in accordance with the reinvesting in youth program. At a minimum, counties must meet the following criteria in order to participate in the reinvesting in youth program:
(a) Counties must match state moneys awarded for research-based early intervention services with nonstate resources that are at least proportional to the expected local government share of state and local government cost avoidance that would result from the implementation of such services;
(b) Counties must demonstrate that state funds allocated pursuant to this section are used only for the intervention service models authorized pursuant to RCW 13.40.464;
(c) Counties must participate fully in the state quality assurance program established in RCW 13.40.468 to ensure fidelity of program implementation. If no state quality assurance program is in effect for a particular selected research-based service, the county must submit a quality assurance plan for state approval with its grant application. Failure to demonstrate continuing compliance with quality assurance plans shall be grounds for termination of state funding; and
(d) Counties that submit joint applications must submit for approval by the department of social and health services juvenile rehabilitation administration multicounty plans for efficient program delivery.
(((5) The department of social and health services juvenile rehabilitation administration shall convene a technical advisory committee comprised of representatives from the house of representatives, the senate, the governor's office of financial management, the department of social and health services juvenile rehabilitation administration, the family policy council, the juvenile court administrator's association, and the Washington association of counties to assist in the implementation of chapter 304, Laws of 2006.))
Sec. 5. RCW 43.121.100 and 2011 c 171 s 9 are each amended to read as follows:
((The council may
accept)) Contributions, grants, or gifts in cash or otherwise,
including funds generated by the sale of "heirloom" birth
certificates under chapter 70.58 RCW from persons, associations, or
corporations and funds generated through the issuance of the "Keep Kids
Safe" license plate under chapter 46.18 RCW((. All moneys received by
the council or any employee thereof from contributions, grants, or gifts and
not through appropriation by the legislature)), shall be deposited
in a depository approved by the state treasurer to be known as the children's
trust fund. Disbursements of such funds shall be on the authorization of the
((council or a duly authorized representative thereof and only for the
purposes stated in RCW 43.121.050)) director of the department of early
learning beginning July 1, 2012. In order to maintain an effective
expenditure and revenue control, such funds shall be subject in all respects to
chapter 43.88 RCW, but no appropriation shall be required to permit expenditure
of such funds.
Sec. 6. RCW 43.215.146 and 2007 c 466 s 2 are each amended to read as follows:
The definitions in this
section apply throughout this section and RCW ((43.121.170 through))
43.215.145, 43.215.147, and 43.121.185 unless the context clearly
requires otherwise.
(1) "Evidence-based" means a program or practice that has had multiple site random controlled trials across heterogeneous populations demonstrating that the program or practice is effective for the population.
(2) "Home visitation" means providing services in the permanent or temporary residence, or in other familiar surroundings, of the family receiving such services.
(3) "Research-based" means a program or practice that has some research demonstrating effectiveness, but that does not yet meet the standard of evidence‑based practices.
Sec. 7. RCW 43.215.147 and 2008 c 152 s 6 are each amended to read as follows:
(1) Within available
funds, the ((council for children and families)) department shall
fund evidence‑based and research‑based home visitation programs for
improving parenting skills and outcomes for children. Home visitation programs
must be voluntary and must address the needs of families to alleviate the
effect on child development of factors such as poverty, single parenthood,
parental unemployment or underemployment, parental disability, or parental lack
of high school diploma, which research shows are risk factors for child abuse
and neglect and poor educational outcomes. In order to maximize
opportunities to obtain matching funds from private entities, general funds
intended to support home visiting funding shall be appropriated to the home visiting
services account established in RCW 43.215.130.
(2) The ((council for
children and families shall develop a plan)) department shall work
with the department of social and health services, the department of health((,
the department of early learning, and the family policy council)), the
private-public partnership created in RCW 43.215.070, and key partners and
stakeholders to develop a plan to coordinate or consolidate home visitation
services for children and families ((and report to the appropriate
committees of the legislature by December 1, 2007, with their recommendations
for implementation of the plan)) to the extent practicable.
Sec. 8. RCW 43.70.555 and 1998 c 245 s 77 are each amended to read as follows:
The department((, in
consultation with the family policy council created in chapter 70.190 RCW,))
shall establish, by rule, standards for local health departments and networks
to use in assessment, performance measurement, policy development, and
assurance regarding social development to prevent health problems caused by
risk factors empirically linked to: Violent criminal acts by juveniles, teen
substance abuse, teen pregnancy and male parentage, teen suicide attempts,
dropping out of school, child abuse or neglect, and domestic violence. The
standards shall be based on the standards set forth in the public health
services improvement plan as required by RCW 43.70.550.
NEW SECTION. Sec. 9. (1) Beginning July 1, 2011, the council for children and families and the department of early learning shall develop a plan for transitioning the work of the council for children and families, including public awareness campaigns, to the department of early learning. The council for children and families and the department of early learning shall participate in the development of the private-public initiative in order to streamline efforts around the prevention of child abuse and neglect and avoid duplication of effort.
(2) The executive director of the council for children and families and the director of the department of early learning shall consult with the planning group convened in section 3 of this act to develop strategies to maximize Washington's leverage and match of federal child abuse and neglect prevention moneys.
(3) No later than January 1, 2012, the council for children and families and the department of early learning shall report to the appropriate committees of the legislature on its transition plan.
Sec. 10. RCW 74.14A.060 and 2000 c 219 s 2 are each amended to read as follows:
Within available funds, the secretary of the department of social and health
services shall ((charge appropriated funds to)) support blended funding
projects for youth ((subject to any current or future waiver the department
receives to the requirements of IV-E funding)). To be eligible for blended
funding a child must be eligible for services designed to address a behavioral,
mental, emotional, or substance abuse issue from the department of social and
health services and require services from more than one categorical service
delivery system. Before any blended funding project is established by the
secretary, any entity or person proposing the project shall seek input from the
public health and safety network or networks established in the catchment area
of the project. The network or networks shall submit recommendations on the
blended funding project to the ((family policy council)) private-public
initiative described in section 3 of this act. The ((family policy
council)) private-public initiative shall advise the secretary
whether to approve the proposed blended funding project. The network shall
review the proposed blended funding project pursuant to its authority to
examine the decategorization of program funds under RCW 70.190.110, within the
current appropriation level. The department shall document the number of
children who participate in blended funding projects, the total blended funding
amounts per child, the amount charged to each appropriation by program, and
services provided to each child through each blended funding project and report
this information to the appropriate committees of the legislature by December
1st of each year, beginning in December 1, 2000.
Sec. 11. RCW 70.190.040 and 1993 c 336 s 901 are each amended to read as follows:
(1) The legislature finds that helping children to arrive at school ready to learn is an important part of improving student learning.
(2) To the extent funds
are appropriated, the ((family policy council)) superintendent of
public instruction shall award grants to community-based consortiums that
submit comprehensive plans that include strategies to improve readiness to
learn.
NEW SECTION. Sec. 12. The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2012:
(1) RCW 43.121.010 (Legislative declaration, intent) and 1982 c 4 s 1;
(2) RCW 43.121.015 (Definitions) and 2008 c 152 s 8, 1988 c 278 s 4, & 1987 c 351 s 2;
(3) RCW 43.121.020 (Council established‑-Members, chairperson‑- Appointment, qualifications, terms, vacancies) and 2008 c 152 s 7, 2007 c 144 s 1, 1996 c 10 s 1, 1994 c 48 s 1, 1989 c 304 s 4, 1987 c 351 s 3, 1984 c 261 s 1, & 1982 c 4 s 2;
(4) RCW 43.121.030 (Compensation and travel expenses of members) and 1984 c 287 s 87 & 1982 c 4 s 3;
(5) RCW 43.121.040 (Executive director, salary‑-Staff) and 1982 c 4 s 4;
(6) RCW 43.121.050 (Council powers and duties‑-Generally‑-Rules) and 1988 c 278 s 5, 1987 c 351 s 4, & 1982 c 4 s 5;
(7) RCW 43.121.060 (Contracts for services‑-Scope of programs‑- Funding) and 1982 c 4 s 6;
(8) RCW 43.121.070 (Contracts for services‑-Factors in awarding) and 1982 c 4 s 7;
(9) RCW 43.121.080 (Contracts for services‑-Partial funding by administering organization, what constitutes) and 1982 c 4 s 8;
(10) RCW 43.121.110 (Parenting skills‑-Legislative findings) and 1988 c 278 s 1;
(11) RCW 43.121.120 (Community-based early parenting skills programs‑-Funding) and 1988 c 278 s 2;
(12) RCW 43.121.130 (Decreased state funding of parenting skills programs‑-Evaluation) and 1998 c 245 s 48 & 1988 c 278 s 3;
(13) RCW 43.121.140 (Shaken baby syndrome‑-Outreach campaign) and 1993 c 107 s 2;
(14) RCW 43.121.150 (Juvenile crime--Legislative findings) and 1997 c 338 s 56;
(15) RCW 43.121.160 (Postpartum depression--Public information and communication outreach campaign) and 2005 c 347 s 2;
(16) RCW 43.121.185 (Children's trust of Washington renamed) and 2008 c 152 s 5 & 2007 c 466 s 4; and
(17) RCW 43.121.910 (Severability‑-1982 c 4) and 1982 c 4 s 15.
NEW SECTION. Sec. 13. The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2012:
(1) RCW 70.190.005 (Purpose) and 1994 sp.s. c 7 s 301 & 1992 c 198 s 1;
(2) RCW 70.190.010 (Definitions) and 2009 c 565 s 52, 2009 c 479 s 58, 1996 c 132 s 2, 1995 c 399 s 200, & 1992 c 198 s 3;
(3) RCW 70.190.020 (Consolidate efforts of existing entities) and 1994 sp.s. c 7 s 315 & 1992 c 198 s 4;
(4) RCW 70.190.100 (Duties of council) and 2009 c 479 s 59, 1998 c 245 s 123, & 1994 sp.s. c 7 s 307;
(5) RCW 70.190.110 (Program review) and 1998 c 245 s 124 & 1994 sp.s. c 7 s 308;
(6) RCW 70.190.120 (Interagency agreement) and 1994 sp.s. c 7 s 309;
(7) RCW 70.190.130 (Comprehensive plan‑-Approval process‑-Network expenditures‑-Penalty for noncompliance with chapter) and 1998 c 314 s 13, 1996 c 132 s 8, & 1994 sp.s. c 7 s 310;
(8) RCW 70.190.150 (Federal restrictions on funds transfers, waivers) and 1994 sp.s. c 7 s 312; and
(9) RCW 70.190.920 (Effective date‑-1992 c 198) and 1992 c 198 s 21.
NEW SECTION. Sec. 14. RCW 74.14C.050 (Implementation and evaluation plan) and 1995 c 311 s 9 & 1992 c 214 s 6 are each repealed.
NEW SECTION. Sec. 15. RCW 70.190.040 is recodified as a section in chapter 28A.300 RCW.
NEW SECTION. Sec. 16. Sections 1 through 3 of this act constitute a new chapter in Title 70 RCW.
NEW SECTION. Sec. 17. Section 5 of this act takes effect July 1, 2012."
On page 1, line 2 of the title, after "experiences;" strike the remainder of the title and insert "amending RCW 13.40.462, 43.121.100, 43.215.146, 43.215.147, 43.70.555, 74.14A.060, and 70.190.040; adding a new section to chapter 28A.300 RCW; adding a new chapter to Title 70 RCW; creating a new section; recodifying RCW 70.190.040; repealing RCW 43.121.010, 43.121.015, 43.121.020, 43.121.030, 43.121.040, 43.121.050, 43.121.060, 43.121.070, 43.121.080, 43.121.110, 43.121.120, 43.121.130, 43.121.140, 43.121.150, 43.121.160, 43.121.185, 43.121.910, 70.190.005, 70.190.010, 70.190.020, 70.190.100, 70.190.110, 70.190.120, 70.190.130, 70.190.150, 70.190.920, and 74.14C.050; and providing effective dates."
and the same is herewith transmitted.
Thomas Hoeman , Secretary
SENATE AMENDMENT TO HOUSE BILL
There being no objection, the House concurred in the Senate amendment to ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1965 and advanced the bill as amended by the Senate to final passage.
FINAL PASSAGE OF HOUSE BILL
AS SENATE AMENDED
Representatives Kagi, Walsh, Hinkle and Dickerson spoke in favor of the passage of the bill.
Representative Alexander spoke against the passage of the bill.
The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed Second Substitute House Bill No. 1965, as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1965, as amended by the Senate, and the bill passed the House by the following vote: Yeas, 74; Nays, 21; Absent, 0; Excused, 3.
Voting yea: Representatives Ahern, Anderson, Armstrong, Asay, Billig, Blake, Carlyle, Clibborn, Cody, Dammeier, Darneille, Dickerson, Dunshee, Eddy, Fagan, Finn, Fitzgibbon, Frockt, Goodman, Green, Haigh, Haler, Hasegawa, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jinkins, Kagi, Kelley, Kenney, Kirby, Klippert, Ladenburg, Liias, Lytton, Maxwell, McCoy, Miloscia, Moeller, Morris, Moscoso, Nealey, Orcutt, Ormsby, Orwall, Parker, Pedersen, Probst, Reykdal, Roberts, Rodne, Rolfes, Ryu, Santos, Schmick, Seaquist, Sells, Smith, Springer, Stanford, Sullivan, Takko, Tharinger, Upthegrove, Van De Wege, Walsh, Warnick, Wilcox, Wylie, Zeiger and Mr. Speaker.
Voting nay: Representatives Alexander, Angel, Bailey, Buys, Chandler, Condotta, Crouse, Dahlquist, DeBolt, Hargrove, Harris, Johnson, Kretz, Kristiansen, Overstreet, Pearson, Rivers, Ross, Shea, Short and Taylor.
Excused: Representatives Appleton, McCune and Pettigrew.
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1965, as amended by the Senate, having received the necessary constitutional majority, was declared passed.
There being no objection, the House reverted to the sixth order of business.
SECOND READING
HOUSE BILL NO. 2080, by Representatives Hasegawa and Moscoso
Modifying tax refund and interest provisions.
The bill was read the second time.
There being no objection, Substitute House Bill No. 2080 was substituted for House Bill No. 2080 and the substitute bill was placed on the second reading calendar.
SUBSTITUTE HOUSE BILL NO. 2080 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Hasegawa and Hunter spoke in favor of the passage of the bill.
Representatives Orcutt and Rivers spoke against the passage of the bill.
There being no objection, the House deferred action on SUBSTITUTE HOUSE BILL NO. 2080
, and the bill held its place on the second reading calendar.
The Speaker (Representative Moeller presiding) called upon Representative Orwall to preside.
There being no objection, the House reverted to the fourth order of business.
INTRODUCTION & FIRST READING
HB 2123 by Representatives Green and Condotta
AN ACT Relating to stabilizing workers' compensation premium rates and claim costs through the limited means of creating the stay-at-work program, suspending cost-of-living adjustments for fiscal year 2012 with no catch-up and delaying the initial adjustment, allowing claim resolution structured settlements for injured workers age fifty-five and older effective 2012, fifty-three and older effective 2015, and fifty and older effective 2016, adjusting pension benefits for prior permanent partial disability awards, eliminating the interest on permanent partial disability award schedules, providing safety and health investment grants, creating the industrial insurance rainy day fund, directing the department of labor and industries to increase its employer, worker, and provider fraud prevention efforts, requiring a performance audit by the joint legislative audit and review committee of workers' compensation claims management in the workers' compensation system to include self-insured claims, and studying occupational disease claims in the workers' compensation system; amending RCW 51.32.072, 51.32.075, 51.52.120, 51.32.080, 51.04.110, 51.44.100, and 43.79A.040; reenacting and amending RCW 51.32.090; adding new sections to chapter 51.04 RCW; adding a new section to chapter 49.17 RCW; adding a new section to chapter 51.44 RCW; creating new sections; providing an expiration date; and declaring an emergency.
There being no objection, HOUSE BILL NO. 2123 was read the first time, and under suspension of the rules was placed on the second reading calendar.
The Speaker assumed the chair.
There being no objection, the House advanced to the sixth order of business.
SECOND READING
HOUSE BILL NO. 2123, by Representatives Green and Condotta
Addressing the workers' compensation system.
The bill was read the second time.
Representative Reykdal moved the adoption of amendment (812).
0)
On page 11, after line 3, insert the following:
"PART 3.
PROHIBITING DEDUCTIONS OF WORKERS' COMPENSATION
PREMIUMS AND OTHER COSTS FROM WAGES AND EARNINGS
Sec. 301. RCW 51.16.140 and 1989 c 385 s 3 are each amended to read as follows:
(((1) Every employer who
is not a self-insurer shall deduct from the pay of each of his or her workers
one-half of the amount he or she is required to pay, for medical benefits
within each risk classification. Such amount shall be periodically determined
by the director and reported by him or her to all employers under this title:
PROVIDED, That the state governmental unit shall pay the entire amount into the
medical aid fund for volunteers, as defined in RCW 51.12.035, and the state
apprenticeship council shall pay the entire amount into the medical aid fund
for registered apprentices or trainees, for the purposes of RCW 51.12.130. The
deduction under this section is not authorized for premiums assessed under RCW
51.16.210.
(2))) It shall be unlawful for the employer((, unless specifically
authorized by this title,)) to deduct or obtain any part of the premium or
other costs required to be by him or her paid from the wages or earnings of any
of his or her workers, and the making of or attempt to make any such deduction
shall be a gross misdemeanor.
Sec. 302. RCW 51.32.073 and 1989 c 385 s 4 are each amended to read as follows:
(((1) Except as
provided in subsection (2) of this section,)) Each employer shall ((retain
from the earnings of each worker)) remit to the department that
amount as shall be fixed from time to time by the director, the basis for
measuring ((said)) that amount to be determined by the director.
((The money so retained shall be matched in an equal amount by each
employer, and all)) Such moneys shall be remitted to the department
in such manner and at such intervals as the department directs and shall be
placed in the supplemental pension fund((: PROVIDED, That the state
apprenticeship council shall pay the entire amount into the supplemental
pension fund for registered apprentices or trainees during their participation
in supplemental and related instruction classes)). The moneys so collected
shall be used exclusively for the additional payments from the supplemental
pension fund prescribed in this title and for the amount of any increase
payable under the provisions of RCW 51.32.075, as now or hereafter amended, and
shall be no more than necessary to make such payments on a current basis. The
department may require a self-insurer to make any additional payments which are
payable from the supplemental pension fund and thereafter such self-insurer
shall be reimbursed therefrom.
(((2) None of the amount assessed for the supplemental pension fund under RCW 51.16.210 may be retained from the earnings of workers covered under RCW 51.16.210.))
Sec. 303. RCW 51.32.242 and 2008 c 280 s 3 are each amended to read as follows:
(((1) Except as
provided in subsection (2) of this section,)) Each self-insured
employer shall ((retain from the earnings of each of its workers)) remit
to the department that amount as shall be fixed from time to time by the
director, the basis for measuring ((said)) that amount to be
determined by the director. These moneys shall only be ((retained from
employees and)) remitted to the department in such manner and at such
intervals as the department directs and shall be placed in the self-insured
employer overpayment reimbursement fund. The moneys so collected shall be used
exclusively for reimbursement to the reserve fund and to self-insured employers
for benefits overpaid during the pendency of board or court appeals in which
the self-insured employer prevails and has not recovered, and shall be no more
than necessary to make such payments on a current basis.
(((2) None of the amount assessed for the employer overpayment reimbursement fund under this section may be retained from the earnings of workers covered under RCW 51.16.210.))
Sec. 304. RCW 51.32.370 and 1994 c 265 s 4 are each amended to read as follows:
(1) The department shall
conduct research on chemically related illnesses, which shall include
contracting with recognized medical research institutions. The department
shall develop an implementation plan for research based on sound scientific
research criteria, such as double blind studies, and shall include adequate
provisions for peer review, and submit the plan to the ((worker's [workers']))
workers' compensation advisory committee for review and approval. Following
approval of the plan, all specific proposals for projects under the plan shall
be submitted for review to a scientific advisory committee, established to
provide scientific oversight of research projects, and to the workers'
compensation advisory committee. The department shall include a research
project that encourages regional cooperation in addressing chemically related
illness.
(2) Expenditures for
research projects shall be within legislative appropriations from the medical
aid fund, with self-insured employers and the state fund each paying a pro rata
share, based on the number of worker hours, of the authorized expenditures. ((For
the purposes of this subsection only, self-insured employers may deduct from
the pay of each of their employees one-half of the share charged to the
employer for the expenditures from the medical aid fund.))
NEW SECTION. Sec. 305. Sections 301 through 304 of this act take effect January 1, 2013."
Renumber the remaining parts and sections consecutively, correct any internal references accordingly, and correct the title.
POINT OF ORDER
Representative Frockt requested a scope and object ruling on amendment (812) to House Bill No. 2123.
SPEAKER’S RULING
Mr. Speaker: “The title of House Bill No. 2123 is narrow and specific- an act relating to stabilizing workers’ compensation premium rates and claim costs through the limited means of ten enumerated items. 1. Creating the stay at work program; 2. Suspending cost of living adjustments for fiscal year 2012 with no catch up and delaying the initial adjustment; 3. Allowing claim resolution structured settlements for injured workers age fifty five and older effective 2012, fifty three and older effective 2015 and fifty and older effective 2016; 4. Adjusting pension benefits for prior permanent partial disability awards; 5. Eliminating the interest on permanent partial disability award schedules; 6. Providing safety and health investment grants; 7. Creating the industrial insurance rainy day fund; 8. Directing the Department of Labor and Industries to increase its employer, worker and provider fraud prevention efforts; 9. Requiring a performance audit by the Joint Legislative Audit and Review Committee of workers’ compensation claims management in the workers’ compensation system to include self insured claims, and 10. Studying occupational disease claims in the workers’ compensation system. Amendment (812) relates to workers’ compensation premiums and is outside the scope and object of the bill as defined by its title. The point of order is well taken.”
Representative Bailey moved the adoption of amendment (816).
0)
On page 11, line 19, after "title," insert "beginning on January 1, 2012,"
On page 17, beginning on line 15, strike all of section 306
On page 31, beginning on line 24, after "Sec. 1101." strike all material through "July 1, 2011" on line 27 and insert "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."
Representatives Bailey and Green spoke in favor of the adoption of the amendment.
Amendment (816) was adopted.
Representative Kirby moved the adoption of amendment (817).
0)
On page 15, line 25, after "(12)" insert "(a) The department, employers, and employer representatives have a duty of good faith and fair dealing to injured workers under this section. This duty is violated if the department or employer or employer representative: (i) Fails to comply with the terms of a claim resolution structured settlement agreement; (ii) uses the claim resolution settlement process to harass or coerce an injured worker; (iii) induces a worker to enter into an agreement through a material misrepresentation of law or fact; or (iv) induces a worker to enter an agreement that is unreasonable as a matter of law. The board of industrial insurance appeals may adopt by rule additional applications of a violation of the duty of good faith and fair dealing under this section.
Representative Kirby spoke in favor of the adoption of the amendment.
Representatives Condotta and Green spoke against the adoption of the amendment.
Amendment (817) was not adopted.
Representative Reykdal moved the adoption of amendment (813).
0)
On page 17, after line 35, insert the following:
"PART
4. ELIMINATING RESTRICTIONS ON CAUSES OF ACTION BY WORKERS
INJURED IN EMPLOYMENT
Sec. 401. RCW 51.04.010 and 1977 ex.s. c 350 s 1 are each amended to read as follows:
((The common law system governing the remedy of workers against employers for injuries received in employment is inconsistent with modern industrial conditions. In practice it proves to be economically unwise and unfair. Its administration has produced the result that little of the cost of the employer has reached the worker and that little only at large expense to the public. The remedy of the worker has been uncertain, slow and inadequate. Injuries in such works, formerly occasional, have become frequent and inevitable.)) The welfare of the state depends upon its industries, and even more upon the welfare of its wage worker. The state of Washington, therefore, exercising ((herein)) in this title its police and sovereign power, declares that ((all phases of the premises are withdrawn from private controversy, and)) sure and certain relief for workers, injured in their work, and their families and dependents is hereby provided regardless of questions of fault ((and to the exclusion of every other remedy, proceeding or compensation, except as otherwise provided in this title; and to that end all civil actions and civil causes of action for such personal injuries and all jurisdiction of the courts of the state over such causes are hereby abolished, except as in this title provided)). Workers and their families and dependents shall be entitled to the full compensation and benefits provided by this title and also have a cause of action against the employer for damages as otherwise provided by law.
Sec. 402. RCW 51.32.010 and 1977 ex.s. c 350 s 37 are each amended to read as follows:
Each worker injured in
the course of his or her employment, or his or her family or dependents in case
of death of the worker, shall receive compensation in accordance with this
chapter((, and, except as in this title otherwise provided, such payment
shall be in lieu of any and all rights of action whatsoever against any person
whomsoever: PROVIDED, That)). However, if an injured
worker, or the surviving spouse of an injured worker shall not have the legal
custody of a child for, or on account of whom payments are required to be made
under this title, such payment or payments shall be made to the person or
persons having the legal custody of such child but only for the periods of time
after the department has been notified of the fact of such legal custody, and
it shall be the duty of any such person or persons receiving payments because
of legal custody of any child immediately to notify the department of any
change in such legal custody.
NEW SECTION. Sec. 403. RCW 51.24.020 (Action against employer for intentional injury) and 1984 c 218 s 2, 1977 ex.s. c 350 s 31, 1973 1st ex.s. c 154 s 94, & 1961 c 23 s 51.24.020 are each repealed."
Renumber the remaining parts and sections consecutively, correct any internal references accordingly, and correct the title.
POINT OF ORDER
Representative Frockt requested a scope and object ruling on amendment (813) to Engrossed House Bill No. 2123.
SPEAKER’S RULING
Mr. Speaker: “Amendment (813) relates to causes of action under the workers’ compensation system and is beyond the scope of the bill as defined by its title. The point of order is well taken.”
Representative Reykdal moved the adoption of amendment (814).
0)
On page 30, after line 34, insert the following:
"PART 9. PREMIUMS BASED ON WAGES EARNED
Sec. 901. RCW 51.16.035 and 2005 c 410 s 1 are each amended to read as follows:
(1) The department shall classify all occupations or industries in accordance with their degree of hazard and fix therefor basic rates of premium which shall be:
(a) The lowest necessary to maintain actuarial solvency of the accident and medical aid funds in accordance with recognized insurance principles; and
(b) Designed to attempt to limit fluctuations in premium rates.
(2) The department shall formulate and adopt rules governing the method of premium calculation and collection and providing for a rating system consistent with recognized principles of workers' compensation insurance which shall be designed to stimulate and encourage accident prevention and to facilitate collection. Rates must be based on wages earned. The department may annually, or at such other times as it deems necessary to achieve the objectives under this section, readjust rates in accordance with the rating system to become effective on such dates as the department may designate.
(3)(a) After the first report is issued by the state auditor under RCW 51.44.115, the workers' compensation advisory committee shall review the report and, as the committee deems appropriate, may make recommendations to the department concerning:
(i) The level or levels of a contingency reserve that are appropriate to maintain actuarial solvency of the accident and medical aid funds, limit premium rate fluctuations, and account for economic conditions; and
(ii) When surplus funds exist in the trust funds, the circumstances under which the department should give premium dividends, or similar measures, or temporarily reduce rates below the rates fixed under subsection (1) of this section, including any recommendations regarding notifications that should be given before taking the action.
(b) Following subsequent reports issued by the state auditor under RCW 51.44.115, the workers' compensation advisory committee may, as it deems appropriate, update its recommendations to the department on the matters covered under (a) of this subsection.
(4) In providing a retrospective rating plan under RCW 51.18.010, the department may consider each individual retrospective rating group as a single employing entity for purposes of dividends or premium discounts.
NEW SECTION. Sec. 902. Section 901 of this act takes effect January 1, 2013."
Renumber the remaining part headings and sections consecutively and correct internal references accordingly.
Correct the title.
POINT OF ORDER
Representative Frockt requested a scope and object ruling on amendment (814) to Engrossed House Bill No. 2123.
SPEAKER’S RULING
Mr. Speaker: “Amendment (814) relates to premiums under the workers’ compensation system and is beyond the scope of the bill as defined by its title. The point of order is well taken.”
Representative Reykdal moved the adoption of amendment (818).
0)
On page 31, line 15, after "jurisdictions." insert "However, firefighter occupational diseases under RCW 51.32.185, which have been established as presumptive diseases based on scientific research, are excluded from the study."
Representative Reykdal spoke in favor of the adoption of the amendment.
Representative Green spoke against the adoption of the amendment.
Amendment (818) was not adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Green, Shea and Condotta spoke in favor of the passage of the bill.
Representative Reykdal spoke against the passage of the bill.
The Speaker (Representative Moeller presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 2123.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2123, and the bill passed the House by the following vote: Yeas, 69; Nays, 26; Absent, 0; Excused, 3.
Voting yea: Representatives Ahern, Alexander, Anderson, Angel, Armstrong, Asay, Bailey, Blake, Buys, Carlyle, Chandler, Clibborn, Cody, Condotta, Crouse, Dahlquist, Dammeier, Darneille, DeBolt, Dunshee, Eddy, Fagan, Finn, Frockt, Green, Haigh, Haler, Hargrove, Hinkle, Hope, Hunter, Hurst, Jinkins, Johnson, Kagi, Kelley, Klippert, Kretz, Kristiansen, Maxwell, McCoy, Moeller, Morris, Nealey, Orcutt, Overstreet, Parker, Pearson, Pedersen, Rivers, Rodne, Rolfes, Ross, Schmick, Seaquist, Shea, Short, Smith, Springer, Sullivan, Takko, Taylor, Tharinger, Van De Wege, Walsh, Warnick, Wilcox, Zeiger and Mr. Speaker.
Voting nay: Representatives Billig, Dickerson, Fitzgibbon, Goodman, Harris, Hasegawa, Hudgins, Hunt, Kenney, Kirby, Ladenburg, Liias, Lytton, Miloscia, Moscoso, Ormsby, Orwall, Probst, Reykdal, Roberts, Ryu, Santos, Sells, Stanford, Upthegrove and Wylie.
Excused: Representatives Appleton, McCune and Pettigrew.
ENGROSSED HOUSE BILL NO. 2123, having received the necessary constitutional majority, was declared passed.
The Speaker called upon Representative Moeller to preside.
There being no objection, the House advanced to the eighth order of business.
There being no objection, the Committee on Rules was relieved of the following bills and the bills were placed on the second reading calendar:
HOUSE BILL NO. 1548
HOUSE BILL NO. 2073
HOUSE BILL NO. 2078
There being no objection, the Committee on Rules was relieved of the following bills and the bills were placed on the third reading calendar:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1087
HOUSE BILL NO. 1490
HOUSE BILL NO. 2003
There being no objection, the House advanced to the eleventh order of business.
There being no objection, the House adjourned until 9:00 a.m., May 24, 2011, the 29th Day of the 1st Special Session.
FRANK CHOPP, Speaker
BARBARA BAKER, Chief Clerk
1087-S
Other Action................................................................................................................................................................................................ 25
1371-S2
Final Passage................................................................................................................................................................................................ 19
Other Action................................................................................................................................................................................................ 19
Messages........................................................................................................................................................................................................ 1
1490
Other Action................................................................................................................................................................................................ 25
1548-S
Other Action................................................................................................................................................................................................ 25
1965-S2
Final Passage................................................................................................................................................................................................ 21
Other Action................................................................................................................................................................................................ 21
Messages...................................................................................................................................................................................................... 19
2003
Other Action................................................................................................................................................................................................ 25
2073
Other Action................................................................................................................................................................................................ 25
2078
Other Action................................................................................................................................................................................................ 25
2080
Second Reading............................................................................................................................................................................................ 21
2080-S
Second Reading............................................................................................................................................................................................ 22
Other Action................................................................................................................................................................................................ 22
2123
Introduction & 1st Reading.......................................................................................................................................................................... 22
Second Reading............................................................................................................................................................................................ 22
Amendment Offered.................................................................................................................................................................................... 23
Third Reading Final Passage........................................................................................................................................................................ 24
Other Action................................................................................................................................................................................................ 22
5182-S2
Messages........................................................................................................................................................................................................ 1
5941
Messages........................................................................................................................................................................................................ 1
5956
President Signed............................................................................................................................................................................................. 1
8206
Messages........................................................................................................................................................................................................ 1
HOUSE OF REPRESENTATIVES (Speaker Chopp presiding)
Point of Order Representative Frockt Scope and Object........................................................................................................................ 23
SPEAKER OF THE HOUSE
Speaker’s Ruling Scope and Object..................................................................................................................................................... 23, 24