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Chapter 1, Laws of 2005 (Initiative 297)
An Act relating to protection of public health, safety, and the environment at sites with wastes composed of radioactive and nonradioactive hazardous substances, including the Hanford Nuclear Reservation.
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Chapter 4, Laws of 2005 (ESSB 5151)
Changing the authority of a metropolitan park district to dispose of surplus property. An additional method of disposing of surplus park property is created. By this method a simple majority of the board of park commissioners may dispose of surplus park district property. If sold, the sale must be conducted by public bid and made to the highest or best bidder.
This method only applies to real estate transactions that require the transfer of title to a charitable organization and the completion of which will result in a project that does both of the following: provides programming and activities for disadvantaged youth; and has a funding endowment that equals or exceeds thirty million dollars.
This additional method of disposing of surplus park property expires December 31, 2006. Votes on Final Passage:
Senate 40 0
House 69 29
Effective: February 24, 2005 Click here for additional information.
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Chapter 6, Laws of 2005 (SHB 1154)
I. OVERVIEW
Group health insurance plans covering over 50 employees are required to provide a level of coverage for mental health services that is equal to the coverage provided for medical and surgical services. The requirements are imposed in three increments between 2006 and 2010. Once the mental health parity requirements are fully implemented in 2010, limitations on mental health services may be imposed by an insurance plan only if the same limitations are imposed on medical and surgical services.
The mental health parity requirements for each type of plan are largely identical and are subject to the same structured phase-in. This mental health parity requirement applies to five categories of group health insurance coverages:
(1) plans administered by the HCA on behalf of state employees;
(2) plans provided by disability insurers;
(3) plans provided by health care services contractors;
(4) plans provided by health maintenance organizations; and
(5) benefits provided by the Washington Basic Health Plan.
Small Business Exemption: Health carriers do not have to provide mental health coverage to small businesses with 50 or fewer employees. As a general rule, health carriers must make an offer of optional coverage to any group other than a group of 50 or fewer employees.
II. COVERED MENTAL HEATH SERVICES
"Mental Health Services" Defined: The required mental health services include medically necessary inpatient and outpatient services provided to treat mental disorders listed in the most current version of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. The determination of whether a mental health service is medically necessary in a particular case is subject to the discretion of the medical director of the health plan. The medical necessity standard for mental health care must be comparable to that applied for medical and surgical services.
Exempted Mental Health Services: There are specified types of mental health disorders and treatment categories that are exempted from coverage, including: disorders related to substance abuse; life transition problems (family/marital issues, occupational/academic problems, etc.); residential treatment and custodial care; and court ordered treatment (unless medically necessary). III. FIVE YEAR PHASE-IN
Health coverage is generally offered for one year periods. Parity between mental health and medical and surgical services is achieved in three phases between January 1, 2006, and July 1, 2010. Phase One begins on January 1, 2006. Phase Two begins on January 1, 2008. Phase Three begins on July 1, 2010. The phases are cumulative. The second phase incorporates the coverage requirements of the first phase. The third phase incorporates the coverage requirements of the first two phases. On July 1, 2010, all of the parity provisions will become effective.
Phase One - For Health Benefit Plans Established or Renewed on or After January 1, 2006:
(1) The copayment or coinsurance for mental health services may not exceed the copayment or coinsurance for medical/surgical services provided under the plan. Begun in Phase One.
(2) Prescription drug coverage for mental health services must be covered to the same extent and under the same conditions as other prescription drug coverage in the health benefit plan. Begun in Phase One.
Phase Two - For Health Benefit Plans Established or Renewed on or After January 1, 2008:
(1) The copayment or coinsurance for mental health services may not exceed the copayment or coinsurance for medical/surgical services provided under the plan. Begun in Phase One. Maintained in Phase Two.
(2) Prescription drug coverage for mental health services must be covered to the same extent and under the same conditions as other prescription drug coverage in the health benefit plan. Begun in Phase One. Maintained in Phase Two.
(3) If the health insurance plan imposes a maximum out of pocket limit or stop loss, the same limit or stop loss must apply to medical, surgical, and mental health services. Begun in Phase Two.
Phase Three - For Health Benefit Plans Established or Renewed on or After July 1, 2010:
(1) The copayment or coinsurance for mental health services may not exceed the copayment or coinsurance for medical/surgical services provided under the plan. Begun in Phase One. Maintained in Phases Two and Three.
(2) Prescription drug coverage for mental health services must be covered to the same extent and under the same conditions as other prescription drug coverage in the health benefit plan. Begun in Phase One. Maintained in Phases Two and Three.
(3) If the health insurance plan imposes a maximum out of pocket limit or stop loss, the same limit or stop loss must apply to medical, surgical, and mental health services. Begun in Phase Two. Maintained in Phase Three.
(4) If the health insurance plan imposes a deductible, it must be a single deductible covering medical, surgical, and mental health services. Begun in Phase Three.
(5) Any treatment limitations or financial requirements must be the same for mental health, medical, or surgical services. Begun in Phase Three.
IV. OTHER PROVISIONS
Groups With 50 or Fewer Employees: Health carriers are not required to offer these mental health parity provisions to groups with 50 or fewer employees. Generally, health carriers must offer optional supplemental mental health coverage to these groups. The group contract holder may waive the optional coverage for all insureds.
Rule-making Authority: The Insurance Commissioner, the administrator of the State Health Care Authority, and the administrator of the Basic Health Plan are each granted authority to adopt rules necessary to implement the mental health priority requirements. Votes on Final Passage:
House 67 25
Senate 40 9
Effective: July 24, 2005 Click here for additional information.
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Chapter 8, Laws of 2005 (HB 1049)
As recommended by the Board, 64 public works project loans totaling $155 million are authorized for the 2005 loan cycle. The 64 authorized projects fall into the following categories:
28 domestic water projects totaling $43.8 million;
27 sanitary sewer projects totaling $85.5 million;
5 storm sewer projects totaling $9.3 million;
3 road projects totaling $13.8 million; and
1 solid waste project totaling $2.6 million. Votes on Final Passage:
House 96 0
Senate 47 0
Effective: March 28, 2005 Click here for additional information.
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Chapter 11, Laws of 2005 (SB 5794)
The Governor is authorized to enter into an agreement with the Puyallup Tribe of Indians regarding the taxation of cigarettes. The agreement must require a tribal tax of $11.75 per carton, in lieu of state cigarette and state and local sales and use taxes. The purchase price to the consumer must be at least as much as the wholesale cost to the retailer, plus the tribal tax amount. If the state cigarette tax rate changes, the tribal tax must increase or decrease by the same dollar amount. The state must receive 30 percent of the tribal tax revenue on a quarterly basis, to be deposited in the general fund. The remaining tribal revenue must be used for essential government services.
The agreement must require purchases be from state licensed wholesalers and include provisions regarding enforcement and compliance, purchases by minors, tax administration and compliance, information sharing, cigarette stamping, and dispute resolution. The contracts must be for renewable periods of no more than eight years. The agreement must not impact the state share of the master settlement agreement. Votes on Final Passage:
Senate 47 2
House 86 0
Effective: April 5, 2005 Click here for additional information.
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Chapter 12, Laws of 2005 (ESSB 5509)
LEED silver certification required for projects funded in capital budget. All major facility projects funded in the capital budget, or projects financed through a financing contract as established in law, must be designed, constructed, and certified to at least the LEED silver standard, to the extent appropriate LEED silver standards exist for a project type. This requirement applies to any entity, including public agencies and public school districts, although the school districts may use the Washington Sustainable School Design Protocol.
Except for public school districts, the LEED standards apply to projects that enter into the design phase or the grant application process after the effective date of the act. School districts are subject to the following dates: July 1, 2006, for volunteering school districts; July 1, 2007, Class I school districts; and July 1, 2008, for Class II school districts.
Operational savings of LEED projects must be documented and reported. Public agencies and school districts must document and report the operational savings of their LEED projects. Public agencies must annually report to GA, while public school districts must annually report to the Office of the Superintendent of Public Instruction (OSPI). Starting on September 1, 2006, and each even-numbered year until 2016, GA and the OSPI must consolidate the individual reports into a single biennial report for the Governor and the legislature. If applicable, the consolidated reports must explain why high performance building standards were not used on a project.
Administrative guidelines must be issued by GA and the SBE. GA and the SBE must issue guidelines for the public agencies affected by this act, and fee schedules must be amended to accommodate the design standards required under this act.
An advisory committee is created. GA must create a high-performance buildings advisory committee to give advice on implementing this act. The committee must consist of representatives from the design and construction industry, affected public agencies, the SBE, OSPI, and others at the GA's discretion. In addition, OSPI must use the school facilities advisory board as a high-performance buildings advisory committee.
Preproposal conferences and building commissioning are required. Requests for proposals on qualifying projects must provide for preproposal conferences to discuss the appropriate performance standards. Qualified major facility projects must include building commissioning as part of the construction process.
SBE to adopt implementing rules. In adopting rules to implement this act, the State Board of Education must, among other things, review, and modify current rules concerning energy conservation in the design of public buildings.
Liability is limited. Members of design and construction teams who act in good faith are not liable for the failure of a major facility project to meet LEED standards.
Certain wood not recognized by LEED must be credited. GA must credit projects for using wood products with a credible third party sustainable forest certification or from forests regulated under the Washington Forest Practices Act.
Affordable housing is exempted from LEED standards. Affordable housing projects funded in the capital budget are exempt from LEED standards. By July 1, 2008, the Department of Community Trade and Economic Development (CTED) must adopt and administer an existing sustainable building program for affordable housing. From 2009 to 2016, CTED must annually report to GA.
Joint Legislative Audit Review Committee (JLARC) to conduct performance review. JLARC must conduct a performance review of the high-performance building program, which must include identification of costs and savings. The committee must make a preliminary report of its findings and recommendations by December 1, 2010, and a final report by July 1, 2011.
Terms are defined. Various terms are defined, such as "Washington sustainable school design protocol," "major facility project," and "public agency." "Washington sustainable school design protocol" means the school design protocol developed by the SBE and OSPI. "Major facility project" generally means: (1) a construction project larger than 5,000 gross square feet of occupied or conditioned space as defined in the Washington State Energy Code; or (2) a building renovation project when the cost is greater than 50 percent of the assessed value and the project is larger than 5,000 gross square feet of occupied or conditioned space as defined in the Washington State Energy Code. "Major facility project" does not include, among other things, hospitals, research facilities, and projects where it is determined that the LEED silver standard or the Washington sustainable school design protocol is not practicable. "Public agency" means every state office, officer, board, commission, committee, bureau, department, and public higher education institution.
Intent is established. Among other things, the legislature finds that high-performance public buildings save money, improve school performance, and increase worker productivity. The legislature affirms the LEED program goal to increase the demand for locally extracted and manufactured building materials and products. Votes on Final Passage:
Senate 32 16
House 78 19
Effective: July 24, 2005 Click here for additional information.
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Chapter 24, Laws of 2005 (HB 1323)
A sixth member is added to the executive committee of the SCPP from among the committee members representing retired members of the state retirement systems. The Director of the Office of Financial Management no longer serves on the executive committee in alternate years, instead the Director of the DRS serves on the SCPP executive committee every year. Votes on Final Passage:
House 85 0
Senate 42 0
Effective: July 24, 2005 Click here for additional information.
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Chapter 38, Laws of 2005 (SB 5168)
The legislative body of a city operating under the Optional Municipal Code may authorize its members to serve as volunteer ambulance personnel, volunteer fire fighters, reserve law enforcement officers, or all three.
This language is identical to that authorizing the same activities for members of cities and towns operating under the Cities and Towns Code. Votes on Final Passage:
Senate 46 0
House 91 0
Effective: July 24, 2005 Click here for additional information.
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Chapter 43, Laws of 2005 (SB 5268)
A water-sewer district with fewer than 250 customers can be assumed by a code city with more than 100,000 people, even if the district is entirely outside the city. The contract and assumption must be approved by both a resolution of the district's board of commissioners and an ordinance of the city council.
If there are no debts or monetary obligations outstanding on the date of the assumption, the district's surplus funds must be used for water services and facilities in the former district's territory, unless the contract provides otherwise.
Either the district or the city or both can provide for the dissolution of the district. Votes on Final Passage:
Senate 48 0
House 93 1
Effective: July 24, 2005 Click here for additional information.
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Chapter 52, Laws of 2005 (HB 1048)
The deadline for public officials and local governmental entities to submit property tax-related revenue and budget information to the county legislative authority is extended from November 15 to November 30 of each year. Votes on Final Passage:
House 98 0
Senate 49 0
Effective: July 24, 2005 Click here for additional information.
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Chapter 60, Laws of 2005 (HB 2166)
The Joint Legislative Committee on Water Supply During Drought (Committee) is created. The Committee may request and review information relating to the state's water supply conditions. The Committee also may request and review information relating to the actual or anticipated economic, environmental, and other impacts of decreased water supply. The Committee may make recommendations to the Legislature on budgetary and legislative actions to improve the state's drought response programs and planning.
The Governor's Executive Water Emergency Committee, the DOE, the Water Supply Advisory Committee, and state agencies with water management or related duties must cooperate in responding to Committee requests. When a drought conditions order is in effect, the DOE must provide the Committee with at least monthly reports describing drought response activities of the DOE and other state and federal agencies participating on the Water Supply Availability Committee. The report must include information regarding applications for, and approvals and denials of, emergency water withdrawals and temporary changes or transfers of water rights.
The Committee includes eight legislative members, four from the House of Representatives and four from the Senate. The members are appointed biennially by the Speaker of the House of Representatives and the President of the Senate respectively. The Committee must include the chairs of the water resources committees of each legislative chamber and two members from each major political party for each chamber.
The Committee must elect a chair and vice-chair. The chair must be a member of the House of Representatives in even-numbered years and a member of the Senate in odd-numbered years. The Committee is convened at the call of the chair when a drought conditions order is in effect or when the chair determines, in consultation with the DOE, that a drought conditions order is likely to be issued within the next year.
Committee members serve until successors are appointed or until they are no longer members of the Legislature. Vacancies are filled by appointment from the same political party. Votes on Final Passage:
House 97 0
Senate 48 0
Effective: April 14, 2005 Click here for additional information.
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Chapter 63, Laws of 2005 (SB 5701)
If counties with the requisite populations create a regional law library, that library may continue operating, by continuing agreement of the counties, if any of the individual counties' populations increase beyond one hundred twenty-five thousand. Votes on Final Passage:
Senate 47 0
House 93 1
Effective: July 24, 2005 Click here for additional information.
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Chapter 77, Laws of 2005 (SB 5589)
Property owners of agricultural land may petition for exclusion from the incorporated area of a code city. The petition must be signed by owners of 100 percent of the land and if residents exist within the area, a majority of registered voters residing within the area.
The petition must set forth a legal description of the territory to be excluded, and must be submitted to the legislative body of the city. When the petition is filed with the legislative body, the body must set a date for public hearing on the petition within 60 days. After the hearing, if the legislative body determines to effect the exclusion, they must do so by ordinance. The petition is not submitted to the voters for approval. Votes on Final Passage:
Senate 48 0
House 94 0
Effective: July 24, 2005 Click here for additional information.
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Chapter 83, Laws of 2005 (SSB 5775)
The Small City Preservation and Sidewalk Account is created in the State Treasury. State funds appropriated from the account must be used for small city pavement or sidewalk projects selected by the Transportation Improvement Board. Eligibility for funds is restricted to cities and towns with both a population of less than five thousand and, depending on the project, a pavement management system or proposed sidewalk improvement that meets certain criteria. The account will retain its own interest income. Votes on Final Passage:
Senate 48 0
House 94 0
Effective: July 1, 2005
July 1, 2006 (Section 5) Click here for additional information.
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Chapter 89, Laws of 2005 (SSB 5969)
The bill removes the restrictions on the uses of funds for cities and towns regardless of size as measured by population. However, as fuel tax revenue, the funds remain restricted to highway purposes as set forth in the 18th amendment to the Washington State Constitution. Votes on Final Passage:
Senate 48 1
House 94 0
Effective: July 24, 2005 Click here for additional information.
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Chapter 91, Laws of 2005 (HB 1202)
The number of statutorily authorized district court judges is increased in Kitsap County from three to four and in Thurston County from two to three. The additional district court position created in Clark County in 2003 is recreated, giving the county two more years to phase in the additional judge position.
Votes on Final Passage:
House 96 0
Senate 45 0
Effective: July 24, 2005 Click here for additional information.
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Chapter 95, Laws of 2005 (HB 1112)
One additional superior court judge is authorized in Skagit County.
The additional judicial position is effective only if Skagit County documents its approval by January 1, 2007, and agrees to pay for its share of the costs for the position without reimbursement from the state. Votes on Final Passage:
House 96 0
Senate 45 0
Effective: July 24, 2005 Click here for additional information.
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Chapter 114, Laws of 2005 (SB 5044)
Officers of a rural public hospital district may be beneficially interested in a contract, the total amount of which may exceed $1,500 in any calendar month but must not exceed $24,000 in any calendar year.
A rural public hospital district is defined in existing law as a public hospital district whose geographic boundaries do not include a city with a population greater than 30,000.
Each year, the legislative authority of the rural public hospital district must increase the $24,000 yearly limitation to account for inflation. Inflation is to be calculated using the consumer price index compiled by the United States Department of Labor for the state of Washington. Votes on Final Passage:
Senate 47 0
House 94 0
Effective: July 24, 2005 Click here for additional information.
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Chapter 122, Laws of 2005 (SB 5136)
Effective with taxes levied for collection in 2006, a fire protection district is authorized to impose up to a total of 25 cents of its property tax levy outside the $5.90 aggregate property tax limit, if those taxes otherwise would be subject to pro-rationing. If the combined rates exceed $10 per $1,000 of assessed value, this levy is reduced first. Votes on Final Passage:
Senate 47 0
House 96 0
Effective: July 24, 2005 Click here for additional information.
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Chapter 127, Laws of 2005 (SB 5354)
Zone administration remains in the county engineer, unless the elected supervisors provide otherwise, and express authority to do so is granted. Specific provisions for compensation of elected supervisors are adopted. The act takes effect immediately. Votes on Final Passage:
Senate 47 0
House 95 0
Effective: April 21, 2005 Click here for additional information.
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Chapter 134, Laws of 2005 (HB 1385)
When any instrument, except those generated by governmental agencies, is presented to a county auditor or recording officer for recording, the document may not contain the following information: a social security number; a date of birth identified with a particular person; or the maiden name of a person's parent so as to be identified with a particular person. Votes on Final Passage:
House 94 0
Senate 49 0
Effective: July 24, 2005 Click here for additional information.
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Chapter 142, Laws of 2005 (HB 1262)
The prohibition against active judges receiving compensation as judges pro tempore is limited to active full-time judges. Active part-time judges may be compensated for time spent as a pro tempore, but only if that time is not also being compensated for by the part-time salary. Votes on Final Passage:
House 95 0
Senate 47 0
Effective: July 24, 2005 Click here for additional information.
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Chapter 147, Laws of 2005 (HB 1356)
Local government joint self-insurance risk pools are authorized to create and delegate powers to a separate legal or administrative entity, and to obligate the pool's participants to pledge revenues or contribute money to secure the obligations or pay the expenses of the pool, including the establishment of a reserve or fund for coverage.
To carry out its program, these joint self-insurance pools may:
1. contract indebtedness and issue revenue bonds or establish lines of credit in the manner provided for local governments;
2. contract indebtedness and issue short-term obligations in the manner provided for municipal corporations; and
3. contract indebtedness and issue refunding bonds in the manner provided for public bodies. Joint self-insurance pools may also make loans of the proceeds of the revenue bonds to a joint self-insurance pool or a local government entity that has joined or formed a joint self-insurance pool and accept loans of the proceeds of revenue bonds. Votes on Final Passage:
House 97 0
Senate 44 0
Effective: July 24, 2005 Click here for additional information.
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Chapter 148, Laws of 2005 (ESHB 1401)
The SBCC must adopt rules by December 1, 2005 requiring that all nightclubs be provided with an automatic sprinkler system. In adopting the rules, the SBCC must consider certain fire and building code standards, as well as local conditions. The rules become effective December 1, 2007.
"Nightclub" is defined as an establishment, other than a theater with fixed seating, that: 1. provides live entertainment by paid performing artists or by way of recorded music conducted by a person employed or engaged to do so; 2. has as its primary source of revenue the sale of beverages of any kind for consumption on the premises, cover charges, or both; and 3. has an occupant load of 100 or more where the occupant load for any portion of the occupancy is calculated at one person per 10 square feet or less, excluding the entry foyer. The SBCC must transmit copies of the adopted rules to the SFPPB by December 12, 2005. The SBCC must consider any changes recommended by the SFPPB.
The construction, use, conversion, or occupancy of a building as a nightclub is prohibited except in accordance with the provisions of the State Building Code.
Prior to the installation of an automatic sprinkler system under the act, a property owner may apply for a special tax exemption. The application must be made to the appropriate county assessor and in accordance with specified requirements. "Special tax exemption" means the determination of the assessed value of the property subtracting, for 10 years, the increase in value attributable to the installation of the automatic sprinkler system. If the exemption is granted, the assessor must place a special property tax exemption on eligible property for 10 consecutive assessment years following the calendar year in which application is made. Votes on Final Passage:
House 96 0
Senate 44 3
Effective: July 24, 2005 Click here for additional information.
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Chapter 157, Laws of 2005 (2SHB 1542)
A mechanism is established for providing state funding of local indigent defense services.
The OPD is to disburse appropriated funds to eligible cities and counties for public defense services. Local jurisdictions may apply for funds if they meet certain requirements, including requiring public defenders to get annual training approved by the OPD. Applicants must also report financial and caseload information on public defense services for the previous year. Individuals and entities that contract with local jurisdictions to provide public defense services must report to the local jurisdiction the hours they have billed for nonpublic defense legal services.
If a local jurisdiction receives funds from the OPD, it must document that it is meeting the standards of the Bar Association or making "appreciable demonstrable improvements" in services, including:
1. the service delivery standards which cities and counties are required to adopt, and for which the Bar Association standards should serve as a guideline;
2. requiring training for public defense attorneys;
3. with respect to counties only, requiring specified enhanced training and experience for attorneys handling first or second degree murder cases, persistent offender cases, or any class A felony;
4. requiring contracts to address compensation for extraordinary cases; and
5. funding for the costs of expert witnesses and investigators. If the OPD determines that a local jurisdiction receiving funds has not substantially complied with these requirements, the OPD may terminate funding. A determination to terminate funding is appealable to the OPD Advisory Committee, whose decision is final.
Distribution from total available appropriated funds by the OPD is to be as follows:
1. 90 percent of the total goes to eligible counties:
a. 6 percent of which is divided equally among the eligible counties; and
b. 94 percent of which is distributed as follows: 50 percent pro rata, based on county population; 50 percent pro rata, based on county criminal filings; and
2. 10 percent of the total goes to no more than five eligible cities as determined by the OPD based on grant applications. Votes on Final Passage:
House 95 0
Senate 42 6
Effective: July 24, 2005 Click here for additional information.
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Chapter 167, Laws of 2005 (ESSB 5060)
Local governments may use "automated traffic safety cameras" (cameras) subject to the following conditions:
1. an ordinance must first be enacted by the local legislative authority allowing their use to detect only stoplight, railroad crossing, or school speed zone violations and setting forth public notice and signage provisions;
2. use of the cameras is restricted to two-arterial intersections, railroad crossings, and school speed zones only;
3. pictures may only be taken of vehicles and vehicle license plates and only while an infraction is occurring, and must not reveal driver or passenger faces;
4. all locations where a camera is used must be clearly marked by signs indicating the presence of a camera zone;
5. infraction notices must be mailed to the registered owner of the vehicle within 14 days of the infraction, and may be responded to by mail; and
6. infractions detected through the use of cameras are not part of the registered owner's driving record.
The registered owner of a vehicle is responsible for an infraction detected by an automated traffic safety camera unless the owner states under oath that the vehicle involved was, at the time, stolen or in the care, custody, or control of another person.
Infractions detected through the use of cameras must be processed in the same manner as parking infractions. Votes on Final Passage:
Senate 30 19
House 61 33
Effective: July 24, 2005 Click here for additional information.
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Chapter 175, Laws of 2005 (ESSB 5348)
Legislative findings are made. Among other things, the legislature recognizes the long tradition of repairing appliances by certain public utility districts. The legislature also understands that the repair services help citizens save money and energy.
Any public utility district that has operated an electrical appliance repair service for at least ten years prior to the effective date of this act, may continue to operate an electrical appliance repair service within its service district.
When a PUD operates an electrical appliance repair service, it must do the following: (1) charge a true and fair cost for the service, (2) keep public financial records on the service, and (3) develop and use measures to evaluate the performance of the service. Votes on Final Passage:
Senate 26 22
House 51 45
Effective: July 24, 2005 Click here for additional information.
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Chapter 181, Laws of 2005 (HB 1555)
In calculating tax assessments for designated forest land, specified farm and agricultural land and/or open space land, special districts and mosquito control districts must calculate such assessments by reference to current use rather than market value. This rule applies even if the district uses only a fractional amount of the assessed property tax value in its formula for determining the district assessment. Votes on Final Passage:
House 97 0
Senate 46 0
Effective: July 24, 2005 Click here for additional information.
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Chapter 201, Laws of 2005 (HB 2131)
The Department of Licensing (Department) is directed to administer a performance-based grant program to provide funds to public agencies that issue business licenses and wish to join the Department's Master License Service.
The Department may determine the order and amounts of the grants considering certain criteria, which include the readiness of the public agency to participate, the number of renewable licenses, and the reduced regulatory impact to businesses subject to licensure relative to the overall investment required by the Department.
The Department must invite and encourage local jurisdictions that issue business licenses to participate in the program. The total amount of grants may not exceed $750,000 in any fiscal year. The Master License Account is the source of funds for the grant program.
Votes on Final Passage:
House 96 0
Senate 40 1
Effective: July 24, 2005 Click here for additional information.
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Chapter 226, Laws of 2005 (HB 1303)
Transfer of Property From a Municipal Corporation to a Metropolitan Park District.
Any municipal corporation, including a park and recreation district, may transfer an interest in real or personal property interest to a MPD without requiring that consideration be received as a condition of such transfer. In turn, a MPD may accept real, personal, and other types of property interests from any municipal corporation.
Assumption of Responsibility for Indebtedness.
A MPD may assume responsibility for all existing indebtedness associated with the receipt of a property interest from a county or other municipal corporation. The MPD must pay such indebtedness by either levying taxes or issuing bonds and must relieve the county or municipal corporation of liability for the debt.
A Metropolitan Park District's Issuance of Refunding Bonds.
An issuance of refunding bonds by a MPD to pay off existing voter approved indebtedness will itself be considered "voter approved indebtedness" provided the following conditions are met: the issuance of the refunding bonds is approved through the majority vote of the commissioners of the MPD; the boundaries of the MPD are identical to the boundaries of the taxing district in which the voter approval was first obtained; the MPD has been officially designated as the successor to the original taxing district in that district's formal resolution declaring its intent to dissolve; and the original assumption of indebtedness was properly approved by the requisite number of voters in the original taxing district. Property Taxes Levied by a Metropolitan Park District.
A MPD may levy annual property taxes, in addition to the district's regular property tax levy, as necessary in order to pay any refunding bonds issued in relation to the assumption of the debt related to the receipt of property from a municipal corporation.
Authorization of a Successor Taxing District a Park and Recreation District During its Dissolution.
A park and recreation district is authorized to facilitate its own dissolution by designating a successor taxing district and then transferring its property, and the associated debt, to such taxing district.
Retroactivity.
These provisions apply retroactively to MPD elections occurring on or after May 1, 2004. Votes on Final Passage:
House 94 0
Senate 39 0 (Senate amended)
House 95 0 (House concurred)
Effective: April 28, 2005 Click here for additional information.
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Chapter 241, Laws of 2005 (SHB 1754)
A county auditor may conduct all elections by mail ballot if he or she is given authorization to do so from the county legislative authority. The county legislative authority must give its authorization to conduct all elections by mail ballot to the auditor at least 90 days in advance of the first election to be conducted by mail. If the county legislative authority and the county auditor decide to return to a polling place environment, the county legislative authority must give its authorization to do so to the auditor at least 180 days in advance of the first election to be conducted in a polling place environment. The auditor must then notify all registered voters in the county and provide them with the polling place to be used.
Prior to converting to a mail ballot election, the auditor must notify all registered voters in the county that all elections will be conducted by mail. Individuals with disabilities must be given voting access in all vote by mail elections.
The Secretary of State must evaluate available technology to allow voters the ability to conveniently determine if their mail ballots were received and counted. The Secretary of State must report his or her findings to the Legislature by December 31, 2006. The report must contain the Secretary of State's recommendations on whether the technology should be implemented and, if so, how. Votes on Final Passage:
House 58 38
Senate 28 20 (Senate amended)
House 83 13 (House concurred)
Effective: July 24, 2005 Click here for additional information.
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Chapter 243, Laws of 20052 (ESSB 5499)
The bill creates and/or amends a number of election statutes as follows:
Training. The secretary of state is to establish guidelines, in consultation with certified document examiners and state and local law enforcement, for signature verification processes. All election personnel assigned to verify signatures on absentee or provisional ballots must receive training on the guidelines.
Provisional and absentee ballots. Opening and processing of absentee return envelopes may begin upon receipt. All received absentee return envelopes must be placed in secure locations from delivery until their subsequent opening. Counties with a population greater than 75,000 must process absentee ballots and canvass the votes cast on a daily basis.
The absentee voter's name and address must be printed on absentee return envelopes. Return envelopes must have space where a voter may include his or her telephone number and a secrecy flap that will cover the voter's signature, return address, and optional phone number. The declaration on the return envelope must inform the voter that it is illegal to vote if the voter is not a citizen; it is illegal to vote if the voter has been convicted of a felony and has not had his or her voting rights restored; and except as otherwise provided by law, it is illegal to cast a ballot or sign an absentee envelope on behalf of another voter.
Provisional ballots must be issued to appropriate voters as required by law or for other circumstances as determined by the precinct election board. The ballot envelope must include information the county auditor can investigate to determine the validity of the ballot.
Provisional and absentee ballots must be visually distinguishable from other ballots and be either printed on colored paper or imprinted with a bar code that identifies the ballot as a provisional or absentee ballot. Provisional and absentee ballots must be incapable of tabulation at the poll site.
If the voter neglected to sign the affidavit on the outer envelope, or if the signature on the absentee or provisional ballot doesn't match the signature on the original registration record, the county auditor must telephone the voter to advise of the procedure to correct an unsigned absentee or provisional ballot envelope or to correct an mismatched signature. If the voter cannot be reached by phone, he or she must be contacted by first class mail. A voice mail message is not considered personal contact. Any signature problems must be fixed no later than the day before certification. A voter may not cure a missing or mismatched signature in a recount.
A record must be kept of all mismatched and unsigned ballots, and this record is a public record and may be disclosed upon written request.
If the signature doesn't match because the name is different, the ballot can be counted as long as the handwriting is clearly the same. If the signature doesn't match because the voter used initials or a common nickname, the ballot may be counted as long as the surname and handwriting are clearly the same.
The county auditor must examine and investigate all provisional ballots before certification. The auditor must provide the disposition of the provisional ballot on a free access system.
Voter identification at the polling location. Any person wanting to vote in person must provide identification. If the person cannot provide identification, they must vote a provisional ballot. The identification requirement can be satisfied by providing a valid photo identification, such as a driver's license or state identification card, student identification card, or tribal identification card, a voter's voter identification issued by a county elections officer, or a copy of a current utility bill, bank statement, paycheck, or government check or other government document.
The secretary of state may adopt rules to implement the identification requirement.
Reconciliation provisions. The county auditor must prepare a report and make it available at the time of certification that discloses the number of registered voters; the number of ballots counted; the number of provisional and absentee ballots issued, counted, and rejected; the number of federal write-in ballots; and the number of out-of-state, overseas, and service ballots issued, counted, and rejected. Within 30 days of certification, the county auditor must prepare a final report that discloses the numbers of different types of voters that were credited with voting and any other information deemed necessary to reconcile the number of votes counted with the number of voters credited with voting.
Ballot duplication. A voter's original ballot may not be altered. If a ballot is damaged or otherwise unreadable, the county auditor may refer the ballot to the canvassing board or duplicate the ballot if so authorized by the canvassing board. A ballot may only be duplicated if voter intent is clear. Duplication must be done by two or more people working together and an audit trail must be created for each duplicated ballot.
Re-canvass and rejection of ballots. The canvassing board can re-canvass ballots during the initial counting process or during any subsequent recount if the board finds that election staff has made an error regarding the treatment or disposition of a ballot.
A ballot is not considered rejected until the canvassing board has rejected the ballot individually, or the ballot was included in a batch or on a report of ballots that was rejected in its entirety by the canvassing board.
Recount provisions. With regards to recounts, the canvassing board determines the date at which the recount will be conducted and the secretary may require that the amended abstracts be certified by each canvassing board on a uniform date.
The vote difference necessary to trigger an automatic recount is changed for statewide elections from 150 votes to 1,000 votes. (Existing law also requires that the difference be less than one quarter of one percent of all votes cast, and this remains unchanged).
Certification. The deadline for canvassing boards to complete the canvass and certify the results of a general election is changed from 15 days to 21 days. After the Secretary receives election returns from all counties, the Secretary must canvass and certify the returns of the election as to candidates for state offices, federal offices, and all other candidates whose districts extend into multiple counties. The Secretary must transmit a copy of the certification to the Governor and legislature.
Election contests. An affidavit alleging that an error or omission has occurred or is about to occur in the issuance of a certificate of election must be filed in court no later than 10 days following official certification, or in the case of a recount, no later than 10 days after official certification of the amended abstract. (Existing law requires such an affidavit to be filed no later than 10 days following the issuance of a certificate of election).
Write-in provisions. A write-in vote for a candidate who also appears on the ballot is a valid vote as long as the candidate's name is clearly discernible, even if the voter also marked the ballot next to the candidate's name such that an over vote was registered. The write-in votes need not be tabulated unless the difference between the number of votes cast for the apparent winner and non-winner is less than the sum of the total number of write-in votes cast plus over and under votes; or a manual recount is conducted for that office.
Transmittal of cumulative returns. Cumulative returns produced by the county auditors for state, judicial, and federal offices must be immediately transmitted by electronic means to the Secretary.
Criminal and civil infraction provisions. The bill creates the crime of destroying, altering, defacing, or discarding a completed voter registration form or signature affidavit. The crime is a gross misdemeanor. It is not a criminal act if the voter who completed the form or the county auditor or authorized registration assistant destroys the voter registration form.
The statute criminalizing double voting is clarified, and the penalty is increased, such that any person who intentionally or knowingly votes or attempts to vote in this state more than once at the same election is guilty of a class C felony. A person who votes or attempts to vote in both this state and another state at any election is also guilty of a class C felony.
Any person who negligently votes or attempts to vote more than once has committed a class 1 civil infraction.
Study provisions. The Secretary of State must study the feasibility of requiring that the top two vote-getters for judicial and superintendent of public instruction races appear on the general election ballot, regardless of whether the top vote-getter receives a majority of the vote. Votes on Final Passage:
Senate 26 21
House 56 39 (House amended)
Senate (Senate refused to concur)
Conference Committee
House 97 1
Senate 30 19
Effective: July 24, 2005 Click here of additional information. Partial Veto Summary: The section imposing additional requirements for absentee return envelopes is removed. The same absentee envelope requirements appear in another bill (ESSB 5743) that was passed by the legislature and signed by the governor.
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Chapter 250, Laws of 2005 (SHB 1189)
Veterans' relief provisions are modified or repealed and new provisions are specified. A summary of the new, amended, and repealed provisions is as follows:
Veterans' Relief - General Provisions
Each county legislative authority (legislative authority) must establish a veterans' assistance program to address the relief needs of qualifying local indigent veterans and their families. The legislative authority must consult with and solicit recommendations from the applicable veterans' advisory board to determine the appropriate services needed for local indigent veterans. Veterans' assistance programs must at least partially be funded by the veterans' assistance fund established in the county.
Legislative authorities may authorize other entities to administer veterans' assistance programs through grants, contracts, or interlocal agreements. If this authorization is exercised, the terms of the grant, contract, or interlocal agreement must specify certain provisions, including the details of the program, the costs and sources of funding, insurance or bond requirements, and the format and frequency of reports. Counties exercising this authorization should, to the extent feasible and consistent with specified relief provisions, ensure that a local branch of a nationally recognized veterans' service organization is the initial point of contact for a veteran or family member seeking assistance.
Counties may authorize the continued operation of veterans' relief or assistance programs existing on January 1, 2005, if the county solicits advice from the applicable veterans' advisory board and satisfies specified grant, contractual, or interlocal agreement requirements.
Veterans' Advisory Board
The legislative authority of each county must establish a veterans' advisory board to advise the authority on the needs of local indigent veterans, the resources available to such veterans, and programs that could benefit the needs of these veterans and their families. Legislative authorities must solicit representatives for the board from either local branches of nationally recognized veterans' service organizations or the veterans' community at large, or both. A majority of the board members must be members from nationally recognized veterans' service organizations. Only veterans may serve as board members. Service on the board is voluntary, but the county may provide reimbursements for expenses incurred.
Burial and Cremation Provisions
Each legislative authority must designate a proper authority to be responsible, at the expense of the county, for the burial or cremation of any qualifying deceased indigent veteran or family member who died without leaving sufficient means to defray funeral expenses. The burial or cremation may not exceed the limit established by the county nor be less than $300. Relatives or friends of the deceased may be recipients of the defrayal funds from the county auditor or qualifying chief financial officer if specified requirements are met. Expenses incurred for the burial or cremation of a qualifying deceased veteran or family member must be paid from the veterans' assistance fund.
Financial Provisions and Direct and Indirect Costs
Expenditures from the veterans' assistance fund and interest earned on balances from the fund may only be used for: authorized veterans' assistance programs; the burial or cremation of a qualifying veteran or family member; and qualifying direct and indirect costs incurred in the administration of the fund. The direct and indirect fund administration costs must be computed by the county auditor or qualifying chief financial officer not less than annually. Following this computation, an amount equal to these costs may then be transferred from the assistance fund to the county current expense fund.
The Department of Social and Health Services must exempt payments provided from veterans' assistance programs when determining eligibility for public assistance.
Repealed Provisions
Statutory provisions pertaining to precincts without veterans' organizations, notifications of intentions to furnish veterans' relief, annual relief statements, and performance bonds are repealed.
Definitions
Definitions of terms pertaining to veterans' relief are specified or modified. Examples include: "Veteran" is defined by referencing existing definitions specifying, in part, that the term includes every person who, at the time he or she seeks certain benefits, has received an honorable discharge or a discharge for physical or medical reasons with an honorable record, and who has served in specified capacities. "Family" is defined as the spouse, widow, widower, and dependent children of a living or deceased veteran. "Indigent" is defined, in part, as a person who is defined as such by the county legislative authority in accordance with specified criteria. Votes on Final Passage:
House 90 6
Senate 49 0 (Senate amended)
House 95 0 (House concurred)
Effective: July 24, 2005 Click here for additional information.
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Chapter 284, Laws of 2005 (SHB 1694)
The following information exempt from public records disclosure when it is held by any public agency in personnel records, public employment related records, volunteer rosters, or mailing lists: personal wireless telephone numbers, personal e-mail addresses, social security numbers, and emergency contact information of employees or volunteers of a public agency; and personal wireless telephone numbers, personal e-mail addresses, social security numbers, and emergency contact information of dependents of employees or volunteers of a public agency. "Employees" includes independent provider home care workers. Votes on Final Passage:
House 96 0
Senate 49 0
Effective: July 24, 2005 Click here for additional information.
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Chapter 286, Laws of 2005 (SHB 1719)
School districts may make a purchase of furniture, supplies, or equipment of up to $40,000 without using a formal bid procedure. Purchases estimated to cost between $40,000 and $75,000 may be made by securing telephone or written quotes from at least three different sources. Any purchase estimated to be in excess of $75,000 must be made using a formal bid procedure.
A school district may use in-house labor for building, improvements, or repairs estimated to cost $40,000 or less without using a bid procedure. Projects estimated to cost between $40,000 and $100,000 must use a competitive bid process, and projects in excess of $100,000 must use a formal bid procedure in which complete plans and specifications are prepared and notice published, unless the small works roster process is used. Votes on Final Passage:
House 94 0
Senate 35 10
Effective: July 24, 2005 Click here for additional information.
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Chapter 288, Laws of 2005 (SHB 1854)
Administrative review procedures are established that apply to license suspensions and revocations for infractions and offenses committed on or after the effective date of this act. Payment plans for persons who are unable to pay civil fines for traffic infractions are made mandatory.
Administrative Review
Whenever the DOL is required by statute to withhold a person's driving privilege, the DOL shall either mail or personally serve written notice to the person. The notice must be sent at least 45 days before the date the suspension or revocation takes place. Within 15 days of the notice, the person may request in writing an administrative review. Failure to timely request a review forfeits the person's right to review, unless the DOL finds good cause.
The administrative review consists solely of the DOL reviewing the documents available to it. If the person requests an interview with the DOL, the DOL may conduct the review by telephone or other electronic means. The only issues the DOL will address are: (a) whether the records relied upon by the DOL identify the correct person; and (b) whether the information transmitted from the court or other agency regarding the person accurately describes the action taken by the court or agency.
The person whose driving privileges are to be withheld has the burden to show by a preponderance of the evidence that he or she is not subject to the suspension or revocation. During the administrative review process, the suspension or revocation is stayed.
The person may appeal the DOL's decision to superior court. The appeal is limited to a review of the record of the administrative review. During the appeal, the suspension or revocation is not stayed unless the court finds that the person is likely to prevail and the person will suffer irreparable injury without a stay.
The DOL may adopt rules that are necessary or convenient for implementing the procedures, including rules for expedited orders and expedited notice procedures.
Mandatory Payment Plans
Whenever a monetary penalty, fee, cost, assessment, or other monetary obligation for a civil traffic infraction is imposed and the court determines that the person is unable to immediately pay the amount in full, the court must enter into a payment plan with the person. However, if a person already has a payment plan for that same obligation or the person has been subject to another payment plan and has failed to make payments, the court may, but need not, implement another payment plan. A plan must be entered into within the later of one year after the effective date of this act or one year after the monetary obligation initially became due.
If the court has notified the DOL of the person's failure to pay and the person has subsequently entered into a payment plan and makes an initial payment, the court must notify the DOL that the infraction has been adjudicated. The DOL must rescind any suspension or revocation.
The court may allow conversion of all or part of the monetary obligation if a community restitution program is available in the jurisdiction.
If payment is delinquent or the person fails to complete a community restitution program on or before the time established, the court must notify the DOL of the noncompliance, unless the court determines good cause and adjusts the plan. The DOL must suspend the person's driver's license until all monetary obligations are paid or until the DOL receives notice that the person has entered into a new plan.
If the court administers the payment plan, the court may charge a reasonable administrative fee to be retained by the city or county, not to exceed $10 per infraction or $25 per plan, whichever is less. The court may contract with outside entities to administer its plan. In those cases, the court may charge a fee, which may be calculated on a periodic, percentage, or other basis. Votes on Final Passage:
House 93 0
Senate 48 0
Effective: July 1, 2005 Click here for additional information.
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Chapter 294, Laws of 2005 (ESHB 2171)
Counties and cities required to satisfy the review and revision requirements of the GMA by December 1, 2005, December 1, 2006, or December 1, 2007, may comply with the requirements for development regulations that protect critical areas (critical areas regulations) one year after the applicable deadline provided in the statutory schedule. Jurisdictions exercising this extension option and complying with the review and revision requirements for critical areas regulations one year after the deadline must be deemed in compliance with such requirements.
Except as otherwise provided, only those counties and cities in compliance with the statutory review and revision schedule of the GMA, and those counties and cities demonstrating substantial progress towards compliance with the schedule for critical areas regulations, may receive financial assistance from the public works assistance and water quality accounts. A county or city that is fewer than 12 months out of compliance with the schedule is deemed to be making substantial progress towards compliance. Additionally, notwithstanding other provisions, only those counties and cities in compliance with the review and revision schedule of the GMA may receive preferences for financial assistance from the public works assistance and water quality accounts.
Until December 1, 2005, a county or city required to satisfy the review and revision requirements of the GMA by December 1, 2004, that is demonstrating substantial progress towards compliance with applicable requirements for its comprehensive plan and development regulations may receive financial assistance from the public works assistance and water quality accounts. A county or city that is fewer than 12 months out of compliance with the GMA review and revision schedule for its comprehensive plan and development regulations is deemed to be making substantial progress towards compliance. Votes on Final Passage:
House 90 4
Senate 29 14 (Senate amended)
House (House refused to concur)
Senate 39 10 (Senate amended)
House 95 2 (House concurred)
Effective: May 5, 2005 Click here for additional information.
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Chapter 300, Laws of 2005 (SSB 5101)
Investment cost recovery incentives are authorized to support renewable energy projects. Individuals, businesses, or local governments who generate electricity, on their own property, with an anaerobic digester or a wind or solar energy system may apply to their light and power business for the incentive payment.
The cost recovery incentive payment is available for systems that are not interconnected to the electric distribution system. Once uniform interconnection standards are adopted by light and power businesses serving 80 percent of the total customer load in the state, the cost recovery incentive payment is also available for systems that are interconnected. Uniform standards have 90 percent of total requirements the same.
The applicants must submit a request for a system certification to the Department of Revenue (DOR) and the Climate and Rural Energy Development Center at Washington State University. The DOR must advise the applicant whether their system qualifies for the incentive program. The DOR may consult with the climate center in making its decision on eligibility.
The incentive is calculated off a base rate of 15 cents for each kilowatt hour of energy produced. That rate is adjusted based on where the equipment or components were manufactured. The incentive rate is multiplied by the following factors:
1) for customer-generated electricity produced using solar modules manufactured in Washington State: two and four-tenths;
2) for customer-generated electricity produced using a solar or a wind generator equipped with an inverter manufactured in Washington State: one and two-tenths;
3) for customer-generated electricity produced by an anaerobic digester, other solar, or by using a wind generator equipped with blades manufactured in Washington State: one;
4) for all other customer-generated electricity produced wind: eight-tenths.
The payments are capped at $2,000 per year for each individual, household, business, or local government.
Each light and power business is allowed a credit against its public utility tax for incentive payments paid to applicants. The credit is limited to one quarter of one percent of its taxable power sales, or $25,000, whichever is greater. If incentive requests exceed the amount of credit available, the power and light business must prorate the payments.
A manner in which utilities may assess interest if excess payments are made to persons that generate electricity is established. Utilities are required to repay taxes, with interest, against which credit was claimed for excess payments made to persons that generate electricity.
DOR must conduct a study from existing sources of data and report the impact of the incentives to the legislature by December 1, 2009.
This program is effective beginning July 1, 2005, and expires July 1, 2014. Votes on Final Passage:
Senate 48 1
House 96 0 (House amended)
Senate 46 0 (Senate concurred)
Effective: July 1, 2005. Click here for additional information.
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Chapter 310, Laws of 2005 (ESSB 5620)
In adopting open space plans, public benefit rating systems, and assessed valuation schedules, counties must give priority consideration to lands used for buffers that have primarily native vegetation. Priority consideration includes establishing classification eligibility and maintenance criteria. Counties that do not already give priority consideration to buffers must do so by July 1, 2006. Votes on Final Passage:
Senate 44 3
House 91 5 (House amended)
Senate 45 0 (Senate concurred)
Effective: July 24, 2005 Click here for additional information.
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Chapter 324, Laws of 2005 (HB 1247)
A city or county water or sewer system provider may not charge tap or connection charges for individual lots within a manufactured housing community if that city or county system provider has not provided and does not maintain specified connections to those individual lots. Votes on Final Passage:
House 98 0
Senate 44 0 (Senate amended)
House 94 1 (House concurred)
Effective: July 24, 2005 Click here for additional information.
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Chapter 328, Laws of 2005 (2SHB 1565)
Growth Management Act
The transportation element of a comprehensive plan may include, in addition to improvements or strategies to accommodate the impacts of development authorized under specified provisions of the GMA, multimodal transportation improvements or strategies that are made concurrent with the development. These improvements or strategies may include, but are not limited to, measures implementing or evaluating: multiple modes of transportation with peak and nonpeak hour capacity performance standards for locally owned transportation facilities; and modal performance standards meeting the peak and nonpeak hour capacity performance standards. Nothing within specified provisions of the act or the GMA may be construed as prohibiting a county or city that is fully planning under the GMA (planning jurisdiction) from exercising its authority to develop multimodal improvements or strategies to satisfy the concurrency requirements of the GMA. Similarly, nothing within a specified provision of the act is intended to affect or otherwise modify the authority of planning jurisdictions.
Regional Transportation Planning Organizations
New requirements for regional transportation plans adopted by RTPOs are set forth. The proposed regional transportation approach of the plan must, for regional growth centers, address transportation concurrency strategies required by the GMA and include a measurement of vehicle level-of-service for off-peak periods and total multimodal capacity for peak periods.
Multimodal Concurrency Study
The DOT must administer a study to examine multimodal transportation improvements and strategies to comply with concurrency requirements of the GMA, subject to the availability of amounts appropriated for this purpose. The study must be completed by one or more RTPOs electing to participate in the study. The DCTED must provide technical assistance with the study.
The DOT must, in consultation with members from each of the two largest caucuses of the Senate, and members from each of the two largest caucuses of the House of Representatives, approve the scope of the study.
The study must satisfy specific criteria, including: an assessment and comprehensive summary of studies or reports examining concurrency requirements and practices in Washington; an examination of existing or proposed multimodal transportation improvements or strategies employed by a city in a county with a population of one million or more residents; recommendations for statutory and administrative rule changes that will further the promotion of effective multimodal transportation improvements and strategies that are consistent with provisions of the GMA; and recommendations for improving the coordination of concurrency practices in jurisdictions subject to the buildable lands requirements of the GMA. The DOT, in coordination with participating RTPOs, must submit a report of findings and recommendations to the appropriate committees of the Legislature by December 31, 2006. Votes on Final Passage:
House 94 0
Senate 44 0 (Senate amended)
House (House refused to concur)
Senate 46 0 (Senate amended)
House 92 3 (House concurred)
Effective: July 24, 2005 Click here for additional information.
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Chapter 334, Laws of 2005 (ESB 5110)
In order to qualify for state planning funds, an RTPO containing a county with a population greater than one million must provide voting membership on its executive board to the fourth largest port district within the region, in addition to the other representatives required under existing law. Votes on Final Passage:
Senate 47 2
House 95 0 (House amended)
Senate 34 8 (Senate concurred)
Effective: July 24, 2005 Click here for additional information.
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Chapter 336, Laws of 2005 (SSB 5177)
The law governing transportation benefit districts is expanded.
Establishment of TBDs. TBDs may only be formed in areas throughout the state except in counties with a population greater than 1.5 million and any adjoining counties with a population greater than 500,000. Jurisdictions with authority to initiate a TBD include counties and cities. However, port districts and transit districts may participate in the establishment of a TBD. The TBD area must include the entire area within each participating jurisdiction. If a TBD includes more than one jurisdiction, the governing body must have at least five members, including at least one elected official from each of the participating jurisdictions.
Transportation Improvements. TBDs may fund projects that are of statewide or regional significance contained in a state or regional transportation plan. A TBD may spend up to 40 percent of its generated revenue on local street, road, and highway improvements.
Revenue Options. In addition to the revenue options available to TBDs under current law, a TBD may implement the following revenue measures: (1) local option sales and use taxes; (2) local option vehicle license fees; and (3) vehicle tolls. A TBD may only implement revenue measures approved by the local voters.
Revenue rates, once imposed, may not be increased, unless authorized by voter approval. If project costs exceed original costs by more than 20 percent, a public hearing must be held to solicit public comment regarding how the cost change should be resolved. The district must be dissolved upon completion of the project(s) and the payment of debt service. Votes on Final Passage:
Senate 40 6
House 85 13 (House amended)
Senate 33 15 (Senate concurred)
Effective: August 1, 2005 Click here for additional information. Partial Veto Summary: The transfer of authority for the approval of construction of toll roads from the Department of Transportation to the Transportation Commission is removed.
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Chapter 376, Laws of 2005 (SHB 1756)
The intent of the Legislature is that certain governmental entities (cities and towns, fire protection districts and regional fire protection service authorities, and port districts) set standards for addressing the reporting and accountability of substantially career fire departments, and specify performance measures applicable to response time objectives. These performance measures are comparable to research relating to substantially career fire department organization and deployment. The authority of these governmental entities to set levels of service is not modified or limited.
These governmental entities must maintain written policies specifying fire department services, organizational structure, expected number of employees, and functions. In addition, they must maintain written policies specifying turnout time, response time, and performance objectives. Finally, they must make annual evaluations of their levels of service, turnout times, and response times. Beginning in 2007, they must also issue annual reports that specify circumstances in which objectives are not being met, and address the steps necessary to achieve compliance. The Federal Aviation Administration's annual inspection and certification of airports is considered to meet the requirement that port districts maintain written policies, make annual evaluations, and issue annual reports.
Definitions are added for multiple terms, including "advanced life support," "aircraft rescue and fire fighting," "brain death," "fire suppression," "first responder," "flash-over," "marine rescue and fire fighting," "response time," "special operations," and "turnout time." Votes on Final Passage:
House 95 0
Senate 36 10 (Senate amended)
House 96 2 (House concurred)
Effective: July 24, 2005 Click here for additional information.
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Chapter 423, Laws of 2005 (EHB 2241)
The legislative authority of a county may designate qualifying agricultural lands of long-term commercial significance (agricultural lands) as recreational lands if the county: is subject to the buildable lands provisions of the GMA; has a population fewer than 1 million; and has a total market value of [agricultural] production greater than $125 million as reported by the United States Department of Agriculture's 2002 Census of Agriculture County Profile. "Recreational land" is defined as land designated as such that was agricultural land immediately prior to this designation. Recreational land must have playing fields and supporting facilities existing before July 1, 2004, for sports played on grass playing fields.
Counties designating recreational lands must do so by resolution and must satisfy specific notification and public participation requirements. The recreational lands designation supersedes previous designations and requires an amendment to the comprehensive plan prepared by the county. The authority of a county to designate recreational lands ends on June 30, 2006.
Numerous designation criteria are specified. Lands eligible for designation as recreational lands must not be in use for the commercial production of food or other agricultural products and must have playing fields and supporting facilities existing before July 1, 2004, for sports played on grass playing fields. Recreational lands may be used only for athletic or related activities, playing fields, and supporting facilities for sports played on grass playing fields or for agricultural uses. Lands eligible for designation as recreational lands must also be registered by the property owner or owners with the applicable county at least 90 days before designation. The designation must not affect other agricultural lands and must not preclude reversion to agricultural uses.
Agricultural lands designated under the GMA that: were purchased in full or in part with public funds; or with property rights or interests that were purchased in full or in part with public funds, may not be designated as recreational land.
Playing fields and supporting facilities for sports played on grass playing fields must comply with applicable permitting requirements and development regulations. Additionally, the size and capacity of the fields and facilities, irrespective of parcel size, may not exceed the infrastructure capacity of the county.
Until June 30, 2006, a qualifying county may amend its comprehensive plan more frequently than annually to accommodate a recreational lands designation. A county may not, however, amend its comprehensive plan under this authorization more frequently than every 18 months.
Playing fields and supporting facilities existing before July 1, 2004, on recreational lands that were designated according to specified provisions must be considered in compliance with the requirements of the GMA.
Votes on Final Passage:
House 93 0
Senate 40 5
Effective: May 12, 2005 Click here for additional information.
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Chapter 425, Laws of 2005 (ESHB 1903)
The Job Development Fund Grant Program is created and will be administered by the CERB. The CERB will establish a competitive process to request proposals for and prioritize public infrastructure projects. The public infrastructure project must have a primary objective to stimulate community and economic development. For the purposes of the Job Development Fund Grant Program, "public infrastructure projects" means a project of a local government or federally recognized Indian tribe for the planning, acquisition, construction, repair, reconstruction, replacement, rehabilitation or improvements of bridges, roads, domestic and industrial water, earth stabilization, sanitary sewer, storm sewer, railroad, electricity, telecommunications, transportation, natural gas, buildings or structures and port facilities.
The CERB will develop criteria to evaluate and rank applications. Among the priorities for project ranking the CERB must consider are the relative benefits provided to the community by the jobs the project would create. This includes, but should not be limited to, the total number of jobs a project would create after it is completed. The CERB must also consider the rate of return of the state's investment in the project, including the expected increase in state and local tax revenues associated with the project. The community's present level of economic activity and the existing local financial capacity to increase economic activity must also be considered. Finally, the CERB must consider whether a project is a partnership of multiple jurisdictions.
An applicant must demonstrate that the requested assistance will directly stimulate community and economic development by facilitating the creation of new jobs or the retention of existing jobs. An examination of the applicant's existing assets that may be applied to the project shall also be considered. An applicant must also demonstrate that no other timely source of funding is available for the project at a reasonably similar cost. A project may not receive funding from the Job Development Fund if the project would result in a development or expansion that would displace existing jobs in any other community in the state. The CERB must also develop performance and evaluation criteria to review how well successful applicants met the community and economic development objectives stated in their applications. Job Development Fund grants may only be awarded to those applicants that have entered into or expect to enter into a contract with a private developer that will result in the creaton or retention of jobs when the project is completed.
The maximum grant available from the Job Development Fund for any single project is $10 million and may not exceed 33 percent of the total cost of the project. The nonstate portion of the total project costs may include cash, the value of real property when acquired solely for the purpose of the project, and in-kind contributions.
The CERB and the Joint Legislative Audit and Review Committee (JLARC) shall develop performance criteria for each grant and evaluation criteria to be used to evaluate both how well successful applicants met the community and economic development objectives stated in their applications, and how well the Job Development Fund program as a whole performed in creating and retaining jobs.
For the 2005-07 biennium, the CERB may solicit and rank applications; however, to the extent funding is provided in the 2005-07 Capital Budget, the list of selected projects does not have to be submitted to the Legislature for approval unless otherwise required in the 2005-07 Capital Budget appropriation.
For the 2007-09 biennium, the CERB shall request an appropriation of $50 million from the public works assistance account and submit to the Legislature and the Governor a prioritized list of recommended projects for biennial appropriation. The CERB may provide an alternate prioritized list of projects for an additional $10 million in funds. The Legislature may remove projects from the CERB's recommended list, but may not change the order of priority for the projects and may add projects from the alternate list in order of priority.
By September 1, 2010, the JLARC shall submit a report to the appropriate legislative committees. At a minimum, the report must evaluate the effectiveness of the Job Development Fund Grant Program and include a project by project review. In addition, JLARC must include in the report the impacts to the availability of low-interest and interest-free loans to local governments under the Public Works Trust Fund resulting from appropriations to the Job Development Fund.
The JLARC is directed to conduct an inventory of all state public infrastructure programs and funds. Where appropriate, the inventory must evaluate the return on investment for economic development infrastructure projects. The inventory is due to the appropriate legislative committees by December 1, 2006.
The Job Development Fund Program expires June 30, 2011. Votes on Final Passage:
House 54 41
Senate 40 9 (Senate amended)
House (House refused to concur)
Conference Committee
Senate 39 7
House 59 39
Effective: July 24, 2005 Click here for additional information.
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Chapter 442, Laws of 2005 (HB 1386)
Except as otherwise provided, the mandatory per instrument recording surcharge that county auditors must charge for the preservation of historical documents is increased from $2 to $5. One dollar of this $5 surcharge must be deposited in the county general fund to be used at the discretion of the county commissioners to promote historical preservation or historical programs. The surcharge for each document presented for recording by the Employment Security Department is $2. Excluding funds deposited in the county general fund for historical preservation or programs, the remaining revenue generated from the surcharges must be transmitted to the state treasurer or retained by the county, subject to statutory provisions.
Votes on Final Passage:
House 57 37
Senate 28 16 (Senate amended)
House 68 27 (House concurred)
Effective: July 24, 2005 Click here for additional information.
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Chapter 449, Laws of 2005 (ESHB 1631)
Counties are allowed to use conservation futures levy funds for maintaining and operating property acquired with such funds. However, no more than 15 percent of the funds collected in the preceding calendar year may be used for maintenance and operation of parks and recreational facilities. Also, conservation futures tax revenues may not be used to supplant existing maintenance and operation funding.
All rights or interests in real property acquired with conservation futures levy funds must be located within the assessing county. Counties are also encouraged to use some conservation futures funds for salmon restoration purposes.
In the event the property rights acquired with conservation futures funds diminish the ability of a county to accommodate planned growth, the county must adopt reasonable measures to restore the growth capacity lost by such actions.
County commissioners or county legislative authorities in counties with more than 100,000 residents are required to develop a process to ensure that conservation futures levy funds are eventually distributed throughout the county.
County legislative authorities in certain counties may authorize a ballot proposition that asks county voters to determine whether or not the county may make a one-time emergency reallocation of unspent conservation futures funds to pay for other county government purposes. This provision applies only to counties with population densities of fewer than four persons per square mile, requires that specified procedures be followed pertaining to the submission of the ballot proposition to the voters, and expires as of July 1, 2008. Votes on Final Passage:
House 55 41
Senate 46 3 (Senate amended)
House 92 3 (House concurred)
Effective: July 24, 2005 Click here for additional information.
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Chapter 450, Laws of 2005 (ESSB 6050)
The bill reduces the portion of the REET deposited in the PWAA from 7.7 percent to 6.1 percent, and deposits 1.6 percent of the REET into the new city-county assistance account. The level of funding will be split equally between cities and counties. A separate distribution formula for cities and counties is specified. The bill also requires the Joint Legislative Audit and Review Committee to determine the extent to which the distributions to cities and counties target the funding shortfalls created by the repeal of the motor vehicle excise tax. The report is due December 31, 2008. Votes on Final Passage:
Senate 34 14
House 61 37
Effective: August 1, 2005 Click here for additional information.
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Chapter 457, Laws of 2005 (E2SSB 5454)
The legislature recognizes that the state is obligated to provide adequate representation to criminal indigent defendants and to parents in dependency and termination cases. The legislature further finds that trial courts are critical to maintaining the rule of law and protecting rights and enforcing obligations. The legislature therefore creates a dedicated revenue source to meet the state's obligations in the areas of indigent criminal defense, indigent civil legal services, and trial court improvement.
Fee Increases & Law Library Funding: District court civil filing fees are increased from $31 to $43, and superior court civil filing fees are increased from $110 to $200. Counterclaims, cross-claims, and third-party claims will be assessed the same filing fee as the fee for initiating the action. A new $43 fee is assessed against a criminal defendant upon conviction or plea of guilty in a court of limited jurisdiction. Jury fee demand charges in district and superior courts are increased. Other increased fees involve small claims actions, courthouse facilitator programs, unlawful detainer complaints and answers, nonjudicial probate disputes, petitions for modifying decrees of dissolution or paternity, certified copy fees, supplemental proceeding filings, writs of garnishment, transcripts of judgment, and various fees associated with real property.
Funding for county law libraries is increased. The portion of each superior court civil filing fee which is distributed to county law libraries is increased from $12 to $17. The portion of each district court civil filing fee distributed to county law libraries is increased from $6 to $7. The filing fees which now must be paid for counterclaims, cross-claims, and third-party claims are subject to the law library fee division requirement.
The revenue from fee increases is deemed to be complete reimbursement from the state for the states's share of benefits paid to the superior court judges prior to the effective date of the bill, and the state must not be liable for benefits for prior periods.
Equal Justice Funding: The increase in fees generated by this act will be deposited into the equal justice subaccount, which is created as a subaccount of the public safety and education account. The funds in the subaccount must be appropriated only for the following purposes, and for the fiscal biennium ending June 30, 2007, are appropriated as follows :
1) 2.3 million dollars for criminal indigent defense assistance and enhancement at the trial court level, 1 million dollars of which is provided solely for a criminal indigent defense pilot program;
2) 5 million dollars for representation of parents in dependency and termination proceedings;
3) 3 million dollars for civil legal representation of indigent persons; and
4) 2.4 million dollars for contribution to district court and elected municipal court judges' salaries.
For the 2005-2007 fiscal biennium, the state must appropriate 25 percent of the revenues to the equal justice subaccount, less 1 million dollars, to the administrator for the courts for the purpose of contributing to district and elected municipal court judges' salaries. For the 2007-2009 fiscal biennium and subsequent fiscal biennia, one-half of the revenues to the equal justice subaccount must be appropriated to the administrator for the courts for salaries of district court and elected municipal court judges.
The administrator for the courts must develop a distribution formula for these funds which does not differentiate between district and elected municipal court judges. A city qualifies for contribution to municipal court judges' salaries if the judge is elected and if the city compensates the judge by payment of between 95 percent and 100 percent of a district court judges' salary, or by a pro rata share of that amount for a part-time judge.
Trial Court Improvement Accounts. All cities, towns, and counties for which the state contributes to district or municipal court judges' salaries are required to create trial court improvement accounts. An amount equal to 100 percent of the state's contribution to the judges' salaries must be deposited into the trial court improvement account. Funds in the account must be appropriated by the legislative authority of each county, city, or town and must be used to fund improvements to court staffing, programs, facilities, and services.
Votes on Final Passage:
Senate 45 3
House 87 9 (House amended)
Senate (Senate refused to concur)
House 84 11 (House amended)
Senate 40 7 (Senate concurred)
Effective: July 24, 2005 Click here for additional information.
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Chapter 469, Laws of 2005 (ESSB 5285)
The Water Quality Joint Development Act (Act) is revised to clarify ambiguities and reduce procedural constraints. Larger local governments currently authorized to use alternative public works contracting procedures (design-build and general contractor/construction manager) are expressly authorized to use the Act's procurement provisions.
Service Providers. A single service provider need not perform all design, finance, construction, operation, and maintenance services, but may perform one or more of these services.
Notice. A local government must provide final notice that it seeks the services of a service provider at least 30 days before the proposal submission date, rather than 60 days.
Proposals. A requirement obligating service providers to demonstrate that a local government's annual costs will be lower under its proposal than they would be if the local government itself financed, constructed, owned, operated, and maintained facilities is deleted. Instead, a service provider must demonstrate to the local government's satisfaction that it is in the public interest to enter into a service agreement and that the agreement is financially sound and advantageous to the local government, considering annual costs, quality of services, the provider's experience, risk reduction, and other factors.
Evaluation of Proposals. A restriction preventing a local government legislative authority from appointing one of its members to act as a designated issuer and evaluator of requests for proposals is deleted. Qualified, responsive proposals may be aggregated into a short list of qualified respondents. The legislative authority may participate in the bidder's conference held to assure a full understanding of qualified, responsive proposals.
Negotiations. A local government legislative authority is expressly authorized to negotiate with a service provider. If a designee conducts the negotiations, the legislative authority will continue to oversee negotiations and provide direction to the designee.
State Financing and Review. The Water Pollution Control Act is clarified to provide that the DOE may help finance design (in addition to construction) of facilities. DOE will review service agreements to ensure consistency with reclaimed water and water pollution control standards, and must complete its review within 30 days. DOE review of service agreements will not replace any additional review and approval required under other law. Votes on Final Passage:
Senate 43 3
House 97 0
Effective: July 24, 2005 Click here for additional information.
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Chapter 477, Laws of 2005 (SSB 6037)
Connection to an existing sewer line where the connection serves only the recreational or tourist use and is not available to adjacent parcels is added as an example of public services and public facilities that are limited to those necessary to serve a small-scale recreational or tourist LAMIRD and are provided in a manner that does not permit low-density sprawl. This provision applies until August 31, 2005. Votes on Final Passage:
Senate 45 3
House 96 0 (House amended)
Senate 41 0 (Senate concurred)
Effective: May 13, 2005 Click here for additional information.
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Chapter 479, Laws of 2005 (ESHB 2097)
Development of a Hood Canal rehabilitation program is authorized for Jefferson, Kitsap, and Mason Counties. The program is authorized within the area designated as an aquatic rehabilitation zone (ARZ) in legislation authorizing these zones [SHB 2081]. This area includes watersheds that drain into Hood Canal south of a line projected from Tala Point in Jefferson County to Foulweather Bluff in Kitsap County.
The PSAT is designated as the state lead agency for the Hood Canal rehabilitation program. The HCCC is designated as the program's local management board. In addition to serving as the local management board, the HCCC also must serve as the lead entity and regional recovery organization for Hood Canal summer chum and assist in coordinating Hood Canal watershed planning activities. The PSAT's and the HCCC's program activities are subject to the availability of funds appropriated for this purpose.
The PSAT and HCCC must participate in program development, and each must approve and co-manage program projects. The PSAT and the HCCC each may receive and disburse funds for projects, studies, and activities related to Hood Canal's low dissolved oxygen concentrations. The PSAT and HCCC must jointly coordinate a process to prioritize projects, studies, and activities for which the PSAT receives state funding specifically allocated for Hood Canal corrective actions. The PSAT and HCCC must develop funding criteria based on the likely value in addressing and resolving Hood Canal's low dissolved oxygen concentrations. Final project approval requires the consent of both the PSAT and the HCCC.
In developing the program and establishing the funding criteria, the PSAT and HCCC must solicit participation by federal, tribal, state and local agencies as well as universities and nonprofit organizations with expertise related to rehabilitation program activities. The local management board may include state and federal agency representatives or additional persons as nonvoting board members or may receive technical assistance and advice from them in other venues. The local management board also may appoint technical advisory committees as needed.
Reporting requirements are specified. The local management board must assess, with participating local and tribal governments, concepts for a regional governance structure and report the findings and recommendations to the appropriate legislative committees by December 1, 2007. The local management board also must submit a quarterly progress report to its participating counties, tribes, and state agencies. In addition, the local management board must submit an annual report to the appropriate legislative committees.
To fulfill its responsibilities, the local management board may have staff; enter into contracts; accept and disburse funds; make recommendations to local governments regarding potential regulations, programs, and incentives; pay necessary expenses; and choose a fiduciary agent.
Regulatory restrictions are specified. The rehabilitation program provisions do not provide the PSAT or the HCCC any regulatory authority. In addition, the HCCC (as the local management board) may not exercise authority over land or water within individual counties or otherwise preempt local government authority.
Authority of other entities is preserved. Any of the local management board's participating counties and tribes, any federal, tribal, state, or local agencies, or any universities or nonprofit organizations may continue individual Hood Canal rehabilitation efforts and activities. The local management board provisions do not preclude any local governments from entering into interlocal agreements. In addition, the rehabilitation program provisions do not prohibit any federal, tribal, state, or local agencies, universities, or nonprofit organizations from receiving funding for specific projects that may assist in Hood Canal rehabilitation.
The rehabilitation program provisions do not apply to forest practices regulated under the state's Forest Practices Act.
Legislative findings identify the substantial environmental, cultural, economic, recreational, and aesthetic importance of Hood Canal. Legislative findings also specify concerns regarding Hood Canal's low dissolved oxygen concentrations and identify numerous research, monitoring, and study efforts that are occurring with respect to this condition. Legislative findings also recognize a need for the state to take additional action to address Hood Canal's low dissolved oxygen concentrations. Legislative intent is specified to designate state and local entities to develop and coordinate Hood Canal rehabilitation program and funding.
The Hood Canal rehabilitation program provisions are codified in the new statutory chapter created in the ARZ legislation [SHB 2081]. Votes on Final Passage:
House 58 36
Senate 35 13 (Senate amended)
House 94 2 (House concurred)
Effective: May 16, 2005 Click here for additional information.
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Chapter 480, Laws of 2005 (2SHB 1240)
The fee a county treasurer collects on state-imposed REET transactions is changed to $10. Of the $10 fee, $5 must be deposited in the county treasurer's REET electronic technology fund. The remaining $5 must be remitted to the State Treasurer for deposit in a newly created, statewide REET Electronic Technology Account (State Account). An appropriation is not required for expenditure from the State Account.
The State Treasurer must distribute the monies in the State Account to county treasurers each month. Three-quarters of the money must be equally distributed among all counties, and the rest must be distributed to each county on a pro rata basis based on a county's population.
The money received by the county treasurer must be used exclusively for the development and implementation of an electronic processing and reporting system for REET affidavits. The two $5 technology fees going into the local and state REET electronic technology accounts expire as of June 30, 2010. Any money remaining in local REET electronic technology funds on July 1, 2015, reverts to the county capital improvements fund. Votes on Final Passage:
House 52 46
Senate 26 22
Effective: July 1, 2005 Click here for additional information.
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Chapter 482, Laws of 2005 (ESHB 1635)
Findings are stated that the provision of ambulance and emergency medical services will benefit persons, businesses, and industries. It is explicitly recognized that cities have the ability and the authority to collect utility service charges to fund such services and that rates and charges may reflect, at least in part, a charge for the availability of the service.
Cities are specifically authorized to establish ambulance services to be operated as public utilities. There are limitations placed on cities' authority to establish an ambulance service utility where there is already a private ambulance service in operation. If a private service is already in operation, a city may not establish an ambulance service utility unless the legislative authority of the city determines that the private service is inadequate in light of published objective generally accepted medical standards and reasonable levels of service.
Generally, a preliminary determination of inadequacy triggers a sixty-day period within which the private ambulance service may attempt to meet the generally accepted medical standards and reasonable levels of service. A city is not required to afford a sixty-day period within which to cure inadequacy if the private ambulance service: (1) has already been afforded a sixty-day cure period within a twenty-four month period; or (2) is not licensed by the Department of Health (DOH) or has had its license denied, suspended, or revoked by the DOH.
Cities operating an ambulance service utility may set and collect rates and charges in an amount sufficient for regulation, operation, and maintenance. Prior to setting such rates and charges, a city must complete a cost-of-service study. Total costs for the purpose of determining rates and charges may not include capital costs of construction, major renovation, or major repair of the physical plant.
Once total costs are determined, a city must identify what portion of the total cost is attributable to availability and what portion is attributable to demand. Availability costs include costs for dispatch, labor, training, equipment, patient care supplies, and maintenance of equipment. These costs are to be uniformly applied across all utility user classifications.
Demand costs include costs related to the burden placed on the ambulance service by individual calls for service, including frequency of calls, distances from hospitals, and other factors identified as burdens in the cost-of-service study. Demand costs are to be billed to each utility user classification based on such user classifications's burden on the ambulance service.
Combined rates must reflect an exemption for persons who are Medicaid eligible and reside in a nursing facility, boarding home, adult family home, or receive in-home services. These combined rates may reflect an exemption or reduction for designated classes consistent with the provision of the Washington Constitution which prohibits the lending of money or credit by cities except for the necessary support of the poor and infirm. The amounts of exemption or reduction are to be categorized as a general expense of the utility and designated as an availability cost. Small cities with fewer than 2500 residents which established an ambulance utility before May 6, 2004 (the date of the Arborwood decision) may, but are not required to, grant such exemptions or reductions.
Cities must continue to allocate at least seventy percent of the total amount of general fund revenues expended prior to the Arborwood decision for regulating, operating, and maintaining the ambulance service utility. Where general funds and ambulance service dollars were commingled, provision is made for the city to estimate the amount of general fund dollars which were applied toward the ambulance service and continue to apply seventy percent of the estimated amount toward the ambulance service utility. Those cities which first establish an ambulance service utility after the Arborwood decision must allocate from the Local Government General Fund or emergency medical service levy fund, or a combination of both, an amount which is at least equal to seventy percent of the total costs necessary to regulate, operate, and maintain the ambulance service utility as of May 5, 2004.
From available emergency medical service levy funds, cities must allocate toward the total costs of the ambulance service utility an amount proportionate to the percentage which ambulance service costs bear to total emergency service costs. All revenues received from direct billing of individual users must be applied toward the demand costs.
Total revenue from rates and charges must not exceed the total costs and all such revenue must be deposited in a separate fund or funds which may only be used for the ambulance utility.
The Joint Legislative Audit and Review Committee (JLARC) is to study and review ambulance utilities operated under this act and present a final report by December 2007. Factors to be reviewed include: the number and operational status of such utilities; whether the rate structures and user classifications were established in accordance with generally accepted utility rate-making practices; and the rates charged. Votes on Final Passage:
House 90 4
Senate 34 11 (Senate amended)
House (House refused to concur)
Senate 37 10 (Senate amended)
House 95 2 (House concurred)
Effective: July 24, 2005 Click here for additional information.
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Chapter 483, Laws of 2005 (2SHB 1758)
I. Requirements for Maintaining Records
By February 1, 2006, the Attorney General must adopt an advisory model rule for state and local agencies addressing: providing fullest assistance to requesters; fulfilling large requests in the most timely manner; fulfilling requests for electronic records; and any other issues pertaining to public disclosure as determined by the Attorney General. II. Responding to Requests
An agency may not reject or ignore requests to inspect or copy public records solely on the grounds that the request is overly broad. The agency may make records available on a partial or installment basis as records that are part of a larger set of requested records are assembled or made ready for inspection or disclosure.
Every state and local agency must appoint and publicly identify an individual whose responsibility is to serve as a point of contact for members of the public in requesting disclosure of public records and to oversee the agency's compliance with the public records disclosure requirements of the PDA. An agency's public records officer may appoint an employee or official of another agency as its public records officer. State agencies must publish contact information regarding the public records officer in the state register. Local agencies must publish the contact information in a manner reasonably calculated to give notice to the public.
III. Copying Public Records
An agency may require a deposit not to exceed 10 percent of the estimated cost of providing copies of a request and may charge a person per installment. An agency may cease fulfilling a request if an installment is not claimed or received.
IV. Judicial Remedies
An action against a county involving a person who is denied a public record or who believes an agency's time estimate is unreasonable may be brought in the superior court of the county or in either of the two judicial districts nearest to the county. Any action involving a person who is denied a public record or believes an agency's time estimate is unreasonable must be filed within one year of the agency's claim of exemption or the last production of a record on a partial or installment basis. Votes on Final Passage:
House 89 6
Senate 42 4 (Senate amended)
House (House refused to concur)
Senate (Senate receded)
Senate 47 0 (Senate amended)
House 97 0 (House concurred)
Effective: July 24, 2005 Click here for additional information.
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Chapter 484, Laws of 2005 (E2SHB 2163)
Homeless Housing Program.
The Legislature recognizes that the provision of housing and housing related services to the homeless should be administered at the local level, yet also recognizes the state's responsibility to coordinate, support and monitor efforts to address homeless issues.
Reducing homelessness in Washington (statewide and in each individual county) by 50 percent within 10 years is a goal of the Department of Community, Trade and Economic Development (DCTED) and individual local governments which choose to participate in the homeless housing program. The DCTED must work collaboratively with other state agencies and receive consultation and advice on its Homeless Housing Program and homeless strategic plan from the Interagency Committee on Homelessness (created by this act), the Affordable Housing Advisory Board, non-profit homeless service providers and local governments.
Although goals are state and county specific, city governments may choose to assume responsibility for reducing homelessness within their own boundaries. Such cities are held to the same program requirements as are participating Washington counties. The DCTED, as well as all participating counties and any participating cities, must prepare 10-year plans to reduce homelessness. Local government performance in meeting goals of the plan will be assessed annually by DCTED, the Interagency Council on Homelessness and the Affordable Housing Advisory Board.
Homeless Program Performance Measures.
Specific performance measures will be created by DCTED and will include:
(1) By the end of year one a comprehensive census must be finalized and will report on all homeless individuals in Washington.
(2) By July 1, 2015, the homeless population statewide in each county will be reduced by 50 percent.
Homeless Housing Program Funding.
The Homeless Housing Program is funded by a $10 surcharge for each document recorded by the county auditor with the exception of documents recording a birth, marriage, divorce or death.
Participation of Local Governments.
The participation of local governments in the homeless housing program is voluntary. Counties and cities that choose to participate will receive a share of the $10 surcharge to implement programs to address homelessness in their areas. Participating local governments are also eligible to apply for portions of the state's share of the surcharge through the Homeless Housing Grant Program. Counties may decline to participate in this program by forwarding a resolution to DCTED (a city need only forward a resolution if it intends to participate). If a county declines participation, all of the funds otherwise due to the county under this act will be remitted monthly by the county auditor to DCTED which will subcontract with another eligible entity to create and execute a plan to reduce homelessness in that county. The DCTED may retain 6 percent of the local share of the funds for administration of the county program in such instances. A city within a non-participating county may still assert its right to manage its own homeless housing program within its boundaries and shall receive monthly transmittals from the county auditor of its share of the local fund surcharge.
Distribution of Homeless Program Funds.
Local Government Share.
The auditor must retain 2 percent of the $10 surcharge for collection of the fee. Of the remaining funds, 60 percent of the funds will remain within the participating county of origin. Any city which assumes responsibility for reducing homelessness within its boundaries receives a percentage of the surcharge equal to the percentage of the city's local portion of the real estate excise tax. Six percent of local funds may be used for administrative costs related to the homeless housing program. The remainder of the funds are to be used for local programs and projects directly related to the accomplishment of goals outlined in the county's 10-year strategic plan to reduce homelessness. Programs eligible for funding by counties and/or cities include: shelter expansion; homeless supportive services; eviction prevention programs; and supportive and transitional housing. In addition to funds received through the 60 percent share of the $10 surcharge, participating counties and cities are eligible to apply to the DCTED for funding through the Homeless Housing Grant Program. Such funds are designed to "augment" the local government's investments in homeless housing programs.
For the purposes of the Homeless Housing Program, each local government is guided by a Homeless Housing Task Force which is responsible for developing the jurisdiction's ten-year homeless housing plan (by December 31, 2005), choosing programs and projects to be funded through the local government's share of the surcharge fee program, and reporting on performance outcomes to the DCTED. This council could be created specifically for the purpose of fulfilling the objectives of the Homeless Housing Program or could consist of an existing group of individuals willing to assume responsibility for the program. Participating cities may adopt the county's Task Force as its own and may adopt a 10-year plan based upon the county 10-year plan.
State Share.
The remaining funds of the total $10 surcharge will be remitted to the DCTED. Twelve and one-half percent of these funds may be used for program administration, the remaining 87.5 percent is to be distributed through the Homeless Housing Grant Program. The DCTED's responsibilities include: creation of the state homeless housing strategic plan; coordinating and implementing an annual statewide homeless census; implementing and administering a data management and tracking system; developing an on-line information and referral system for homeless housing; funding and managing the Homeless Housing Grant Program, which is available to participating counties and cities to augment program funds; providing technical assistance to counties and cities related to their homeless housing plans; and overseeing the statewide Homeless Housing Program and reporting on its progress annually to the Governor. Homeless Census.
The DCTED will coordinate an annual homeless census. This census will, as much as possible, be coordinated with existing homeless census projects. Data collected from the census will be used to develop and amend the DCTED's and local government's 10-year plans.
Quality Management.
The Affordable Housing Advisory Council and the Interagency Council on Homelessness will assess DCTED's and participating local government's performance annually. The DCTED must implement an organizational quality management system by the end of year four.
Low-Income Housing Surcharge Program.
Distribution of Low Income Program Funding.
A county may retain up to 5 percent of the funds collected for the administration and local distribution of the surcharge funds. A county will receive "all of the remaining funds" after the county has received its first 5 percent for administrative costs and the DCTED has received its 40 percent distribution. Votes on Final Passage:
House 51 45
Senate 28 18 (Senate amended)
House 50 48 (House concurred)
Effective: August 1, 2005 Click here for additional information.
Partial Veto Summary: The section creating the Interagency Council on Homelessness was vetoed.
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Chapter 485, Laws of 2005 (SSB 5767)
Counties that opt to participate in the Homeless Housing Program must create a task force to develop a ten-year plan, addressing short and long term housing solutions for the homeless. Each task force must be comprised, among others, of representatives of the local government, community businesses and residents, social and health care services, law enforcement, schools, civic and faith organizations, and housing authorities, as well as a homeless or former homeless individual.
As needed, each task force must establish guidelines, in addition to the plan to end homelessness, for emergency shelters, temporary encampments, and supportive housing. The guidelines must include provisions for public notice of proposed homeless facilities, as well as health and safety standards for such facilities. Counties that already have an existing group focused on homelessness are not required to create a new task force.
Counties may decline to participate in the program by forwarding a resolution to the Department of Community, Trade and Economic Development (CTED), in which case the department will contract with another non-profit entity to develop the county's plan. Local governments that choose to participate may develop their 10-year plans individually, create a joint plan with other local governments, or contract with another entity to develop the plan.
Each county must submit a report to CTED with information regarding their activities to comply with the Homeless Housing Program. Votes on Final Passage:
Senate 34 14
House 58 38 (House amended)
Senate 30 17 (Senate concurred)
Effective: July 24, 2005 Click here for additional information.
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Chapter 502, Laws of 2005 (SHB 1158)
Requirements for the Filing of Documents With Governmental Entities.
Documents transmitted to governmental entities through private third-party delivery services are subject to the same proof of delivery standards applied to documents sent through the United States mail. A record of the shipping date or delivery date authenticated by the private third-party delivery service will be deemed competent evidence of such shipping or delivery date.
Collection Services Provided by County Treasurer.
Money received by a county department from the county treasurer must be deposited within 24 hours in an account designated by the county treasurer unless a waiver is granted.
Revision of the Applicability of the Uniform Unclaimed Property Act.
The requirements of the Uniform Unclaimed Property Act do not apply to excess proceeds held by governmental entities obtained from foreclosures for delinquent property taxes, assessments, or other liens.
Retention of Certain Funds by Public Entities Under the Uniform Unclaimed Property Act.
Governmental entities are no longer allowed to retain funds derived from "excess proceeds from property tax and irrigation district foreclosures" pending a formal claim being made by the owner.
Changes to Regulations Regarding the Calculation of Certain Interest Rates Owed to Developers as the Result of Payment Refunds.
The calculation of interest rates owed to developers on refunds from local governments for certain unexpended land development payments are revised. The revision requires that the interest be calculated at a variable rate calculated consistent with the regulations concerning certain tax refunds, rather than the current fixed rate of 12 percent.
Regulations Regarding the Payment of Taxes and the Recording of Boundary Line Adjustments.
A boundary line adjustment may not be recorded by a county auditor absent documentary proof from the person requesting the recordation that all taxes and assessments on the affected property or properties have been paid in full.
Prohibition Against Property Tax Penalties for Certain Active Duty Military Personnel.
The assessment of interest or penalties is prohibited for unpaid property taxes owed on the personal residences of active duty military personnel that have accrued during a period of armed conflict while such personnel are on duty overseas. This prohibition is applicable to all taxes levied for collection in 2005 and thereafter. These provisions extend the duration of the tax payment benefits allowed certain military personnel and add criteria that must be satisfied before a person in the military may be eligible for such benefits.
Clarification of Regulations Regarding the Deadline for the Payment of Unpaid Real Property Tax Liens.
The deadline for the payment of unpaid liens is revised to allow persons having claims to real property subject to unpaid tax liens to satisfy such liens at any time before the filing of a certificate of delinquency. Redemption rights are subject to specified statutory requirements after a certificate of delinquency or judgment has been issued.
Changes to Regulations Regarding Payments to Third Parties Regarding Refunds for Property Tax Errors.
Third parties who erroneously pay taxes on property in which they have no legal interest are no longer entitled to refunds from a county treasurer.
Votes on Final Passage:
House 96 0
Senate 44 0 (Senate amended)
House 95 0 (House concurred)
Effective: May 17, 2005 Click here for additional information.
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Chapter 515, Laws of 2005 (SSB 5623)
The definition of retail sale does not apply to agreements to provide maintenance services for bus, rail, or rail fixed guideway equipment when a regional transit authority is the recipient of the maintenance service and the services are being provided by another transit agency. Votes on Final Passage:
Senate 34 14
House 60 35
Effective: July 24, 2005 Click here for additional information.
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HB 1009 Allowing electronic payment of utility bills. Introduced but not enacted.
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HB 1022 Providing tax incentives for the construction of tsunami resistant structures. Introduced but not enacted.
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HB 1025 Enhancing integrity of voting systems. Introduced but not enacted.
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HB 1046 Limiting the use of the public safety and education account. Introduced but not enacted.
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HB 1091 Providing additional funding for the community economic revitalization board's programs. Introduced but not enacted.
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HB 1127 Changing bidding requirements for wastewater projects. Introduced but not enacted.
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HB 1153 Equalizing the costs of providing municipal services to newly annexed areas. Introduced but not enacted.
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HB 1155 Modifying county and city sales and use tax provisions. Introduced but not enacted.
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HB 1169 Including public school facilities as essential public facilities. Introduced but not enacted.
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HB 1228 Requiring notice to water and sewer districts of changes that require relocating facilities.
Revised for 1st Substitute: Requiring local governments and public utilities to consult when relocating water/sewer facilities. Introduced but not enacted.
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HB 1229 Revising provisions relating to annexation of territory of certain cities by water-sewer districts.
Revised for 1st Substitute: Revising provisions relating to annexation of certain cities by water-sewer districts. Introduced but not enacted.
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HB 1230 Changing provisions relating to boards of commissioners of water-sewer districts. Introduced but not enacted.
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HB 1284 Authorizing a local surcharge on consumer fireworks. Introduced but not enacted.
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HB 1335 Providing home rule charter cities the ability to choose their election system. Introduced but not enacted.
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HB 1341 Authorizing additional investment authority for specified hospital districts. Introduced but not enacted.
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HB 1350 Regarding disclosure of public records. Introduced but not enacted.
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HB 1352 Establishing the historic county courthouse grant program. Introduced but not enacted.
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HB 1359 Revising the interest rate on legal financial obligations. Introduced but not enacted.
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HB 1373 Imposing impact fees on manufactured housing communities. Introduced but not enacted.
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HB 1376 Providing tax exemptions for comprehensive cancer centers. Introduced but not enacted.
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HB 1400 Revising provisions governing temporary connections to water-sewer systems. Introduced but not enacted.
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HB 1424 Filing a claim of lien for utility services against the owner of a manufactured housing community. Introduced but not enacted.
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HB 1435 Allowing water-sewer districts to consider fees in selecting engineering services. Introduced but not enacted.
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HB 1446 Modifying requirements for voter-approved property tax levies. Introduced but not enacted.
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HB 1458 Concerning the management of on-site sewage systems in marine areas.
Revised for 2nd Substitute: Concerning the management of on-site sewage disposal systems in marine areas. Introduced but not enacted.
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HB 1465 Modifying requirements for voter-approved regular property tax levies. Introduced but not enacted.
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HB 1470 Authorizing additional sales tax authority for public facilities districts. Introduced but not enacted.
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HB 1480 Restricting the rate charged mobile home parks for storm or surface water sewer system service. Introduced but not enacted.
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HB 1484 Authorizing voter approved regular property tax levies for school purposes. Introduced but not enacted.
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HB 1578 Authorizing additional taxing districts to seek voter approval for multiyear excess property tax levies. Introduced but not enacted.
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HB 1602 Concerning the denial of a public records request because the request is overbroad. Introduced but not enacted.
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HB 1610 Authorizing local governments to seek voter approval for a fixed multiyear regular property tax dollar rate. Introduced but not enacted.
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HB 1650 Addressing the failure to respond to citations and notices of infractions. Introduced but not enacted.
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HB 1736 Regarding ambulance services operated by cities and towns. Introduced but not enacted.
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HB 1740 Clarifying the economic development powers of cities, towns, and counties. Introduced but not enacted.
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HB 1742 Providing tax incentives for certain multiple-unit dwellings in urban centers. Introduced but not enacted.
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HB 1748 Requiring the state to assume a share of primary and general election costs. Introduced but not enacted.
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HB 1766 Changing school district bidding requirements. Introduced but not enacted.
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HB 1793 Allowing fire protection facilities to use impact fees. Introduced but not enacted.
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HB 1813 Increasing the term of nonvoter approved rural library district general obligation bonds. Introduced but not enacted.
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HB 1979 Concerning local health departments. Introduced but not enacted.
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HB 1989 Providing local transportation funding options. Introduced but not enacted.
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HB 1992 Authorizing cities to impose a tax on water-sewer district services provided within the city. Introduced but not enacted.
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HB 2010 Authorizing a county real estate excise tax to fund a geographic information system. Introduced but not enacted.
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HB 2012 Concerning planning by selected cities and counties. Introduced but not enacted.
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HB 2034 Modifying the impact of statewide initiatives on local tax authority. Introduced but not enacted.
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HB 2048 Creating a joint task force on K-12 finance. Introduced but not enacted.
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HB 2063 Modifying local government use of real estate excise tax revenue. Introduced but not enacted.
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HB 2074 Creating Cascade county. Introduced but not enacted.
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HB 2117 Concerning planning by selected cities and counties. Introduced but not enacted.
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HB 2125 Modifying impact fee requirements. Introduced but not enacted.
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HB 2136 Authorizing a business and occupation tax credit study. Introduced but not enacted.
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HB 2157 Authorizing the creation of a regional transportation improvement authority. Introduced but not enacted.
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HB 2165 Requiring the projected costs of certain criminal justice legislation to be appropriated into accounts to be used for capital costs. Introduced but not enacted.
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HB 2194 Changing public participation requirements of the growth management act. Introduced but not enacted.
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HB 2195 Relating to an expansion of local option real estate excise taxes in lieu of impact fees to fund capital projects. Introduced but not enacted.
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HB 2196 Providing for expansion of the local option real estate excise tax to fund capital projects. Introduced but not enacted.
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HB 2197 Providing for infrastructure funding. Introduced but not enacted.
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HB 2209 Extending local taxing authority to fund miscellaneous facilities. Introduced but not enacted.
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HB 2213 Regarding excess levy-related school funding. Introduced but not enacted.
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HB 2224 Authorizing county utility taxes. Introduced but not enacted.
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HB 2234 Modifying port district provisions. Introduced but not enacted.
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HB 2235 Conforming Washington's tax structure to the streamlined sales and use tax agreement. Introduced but not enacted.
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HB 2236 Authorizing cities to impose a tax on water-sewer district services provided within the city. Introduced but not enacted.
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HB 2246 Concerning employer contribution rates. Introduced but not enacted.
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HB 2248 Collecting the monorail motor vehicle excise tax upon initial registration. Introduced but not enacted.
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HB 2249 Evaluating the need for a new four-year institution of higher education. Introduced but not enacted.
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HB 2259 Requiring a vote of the people in specified circumstances before a city may assume jurisdiction over a water-sewer district.
Revised for 2nd Substitute: Modifying water-sewer district provisions. Introduced but not enacted.
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HB 2273 Conforming Washington's tax structure to the streamlined sales and use tax agreement. Introduced but not enacted.
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HB 2291 Temporarily authorizing increased maximum school levy rates for financial emergencies. Introduced but not enacted.
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HJR 4202 Authorizing investment of hospital district funds. Introduced but not enacted.
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HJR 4205 Amending the Constitution to provide for a simple majority of voters voting to authorize a school levy. Introduced but not enacted.
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HJR 4206 Providing a constitutional amendment to modify voter-approved property tax levy limitations. Introduced but not enacted.
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SB 5027 Improving real estate excise tax procedures for taxation of water rights transfers. Introduced but not enacted.
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SB 5090 Privatizing the sale of liquor. Introduced but not enacted.
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SB 5122 Making the office of secretary of state a nonpartisan office. Introduced but not enacted.
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SB 5144 Providing for a simple majority of voters voting to authorize school district levies and bonds. Introduced but not enacted.
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SB 5153 Authorizing a local surcharge on consumer fireworks. Introduced but not enacted.
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SB 5183 Providing tax relief to promote affordable housing. Introduced but not enacted.
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SB 5184 Authorizing reimbursement for law enforcement service costs. Introduced but not enacted.
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SB 5191 Providing for a comprehensive K-12 education finance study. Introduced but not enacted.
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SB 5210 Allowing fire protection facilities to use impact fees. Introduced but not enacted.
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SB 5255 Exempting all dietary supplements from sales and use tax. Introduced but not enacted.
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SB 5276 Limiting collection of delinquent water-sewer district charges. Introduced but not enacted.
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SB 5287 Authorizing a state tax on social card games.
Revised for 1st Substitute: Modifying house-banked social card game provisions. Introduced but not enacted.
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SB 5326 Providing home rule charter cities the ability to choose their election system.
Introduced but not enacted.
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SB 5331 Establishing the historic county courthouse grant program. Introduced but not enacted.
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SB 5333 Modifying requirements for voter-approved property tax levies. Introduced but not enacted.
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SB 5334 Authorizing a temporary annexation surtax for specified cities. Introduced but not enacted.
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SB 5338 Creating a water court. Introduced but not enacted.
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SB 5363 Authorizing additional sales tax authority for public facilities districts. Introduced but not enacted.
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SB 5371 Revising provisions relating to annexation of territory of certain cities by water-sewer districts. Introduced but not enacted.
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SB 5372 Requiring notice to water and sewer districts of changes that require relocating facilities. Introduced but not enacted.
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SB 5398 Providing tax exemptions for comprehensive cancer centers. Introduced but not enacted.
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SB 5422 Providing research and services for special purpose districts. Introduced but not enacted.
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SB 5431 Concerning the management of on-site sewage systems in marine areas. Introduced but not enacted.
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SB 5474 Allowing water-sewer districts to consider fees in selecting engineering services. Introduced but not enacted.
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SB 5524 Changing school district bidding requirements. Introduced but not enacted.
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SB 5534 Clarifying city monorail transportation authority. Introduced but not enacted.
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SB 5573 Authorizing local governments to seek voter approval for a fixed multiyear regular property tax dollar rate. Introduced but not enacted.
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SB 5611 Changing the interest rate on legal financial obligations. Introduced but not enacted.
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SB 5622 Conforming Washington's tax structure to the streamlined sales and use tax agreement. Introduced but not enacted.
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SB 5627 Addressing the failure to respond to citations and notices of infractions. Introduced but not enacted.
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SB 5659 Authorizing renewable energy tax credits. Introduced but not enacted.
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SB 5746 Requiring the state to assume a share of primary and general election costs. Introduced but not enacted.
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SB 5786 Authorizing voter approved regular property tax levies for school purposes. Introduced but not enacted.
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SB 5907 Affirming that cities and counties planning under chapter 36.70A RCW retain the ability to accommodate state projected population growth within urban growth areas without requiring a minimum residential density. Introduced but not enacted.
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SB 5908 Conforming Washington's tax structure to the streamlined sales and use tax agreement. Introduced but not enacted.
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SB 5947 Increasing the term of nonvoter approved rural library district general obligation bonds. Introduced but not enacted.
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SB 5958 Temporarily authorizing increased maximum school levy rates for financial emergencies. Introduced but not enacted.
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SB 5975 Concerning competitive bid requirements. Introduced but not enacted.
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SB 5991 Implementing tax reform. Introduced but not enacted.
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SB 6035 Clarifying how local governments may demonstrate that best available science has been included in growth management decisions. Introduced but not enacted.
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SB 6045 Accelerating legislative approval of public works projects. Introduced but not enacted.
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SB 6046 Financing local economic development projects. Introduced but not enacted.
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SB 6058 Concerning employer contribution rates. Introduced but not enacted.
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SB 6065 Extending local taxing authority to fund miscellaneous facilities. Introduced but not enacted.
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SB 6074 Providing additional funding for the support of the common schools and state institutions of higher education. Introduced but not enacted.
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SJM 8009 Petitioning for the creation of a new state in Eastern Washington. Introduced but not enacted.
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SJR 8202 Amending the Constitution to provide for a simple majority of voters voting to authorize school district levies. Introduced but not enacted.
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SJR 8205 Amending the Constitution to authorize a water court. Introduced but not enacted.
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SJR 8211 Amending the Constitution to allow an income tax. Introduced but not enacted.
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SJR 8212 Amending the Constitution to allow the taxation of intangible personal property. Introduced but not enacted.
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