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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 inf | |
