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PRHSPSC PKT 02-08-2011MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMISSION COMMENTS 4. COMMITTEE BUSINESS Action Council Date Topic Title/ Description Presenter Page or Info A. Approval of Minutes: January 11, 2010 3 Action N/A B. Parks Commission 2011 Work Plan Ikerd 7 Action Consent 2/15/11 C. Amend Federal Way Revised Code Regarding Pawnbrokers Wilson 9 Action First Reading and Secondhand Dealers 2/15/11 D. State of Washington, 62 Legislature House Bill #1445 and Wilson 19 Action Consent Senate Bill #5345 2/15/11 5. PENDING ITEMS • Festivals • Concept of Housing in South King County 6. NEXT MEETING: Tuesday, March 8, 2011 5:30pm — Hylebos Conference Room 7. ADJOURNMENT Committee Members City staff Jeanne Burbidge, Chair Cary M. Roe, P. E, Director of Parks, Public Works and Emergency Management Roger Freeman Mary Jaenicke, Administrative Assistant II Mike Park City of Federal Way City Council PARKS, RECREATION, HUMAN SERV ICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, January 11, 2011 5:30 p.m. SUMMARY Committee Members in Attendance: Committee Chair Jeanne Burbidge, Councilmember Michael Park, and Councilmember Roger Freeman Council Members in Attendance: Councilmember Linda Kochmar Staff Members in Attendance: Skip Priest, Mayor, Cary Roe, Director of Parks, Public Works & Emergency Management, Amy Jo Pearsall, City Attorney, Ray Gross, EOC Manager, Lynnette Hynden, Human Services Manager, John Hutton Recreation Supervisor, Leah Fraine, Recreation Coordinator, and Mary Jaenicke, Administrative Assistant it. Guest: Susan Honda, Arts Commission Chair, Arts Commissioners: Bruce Lee, Carroll Ciemmens, Maureen Hathaway, Bette Simpson-Opstad, Chair Burbidge called the meeting to order at 5:30p.m. Public Comment: None Commission Comments: Susan Honda reported that the Diversity Commission judged an art show. The theme was "I have a dream for Federal Way". 27 children participated. The winners will be presented at the Martin Luther King, Jr. Celebration APPROVAL OF SUMMARY Councilmember Park moved to approve the December meeting summary. Councilmember Freeman seconded. Motion passed. BUSINESS ITEMS Arts Commission Contract for Services Recreation Supervisor John Hutton stated the Contract for Services program funds local arts organizations that provide cultural programs within the community. Local arts organizations complete an application, and those applications are reviewed by the Arts Commission. The selected applicants are then interviewed by the Arts Commission, The budget for the 2011 Contract for Services program is $40,000. Councilmember Burbidge stated that this is a process that has been in place for many years, and that the Contract for Services is very important to each applicant. This program is also important to the city and enhances the quality of life in the city. Councilmember Burbidge reviewed the applications and became concerned about some aspects of the process as it occurred this year. She felt that there were some inconsistencies. She would like to deal with this process, and move forward with some suggestions for improving the process. Chair Burbidge read her proposed motion Councilmember Burbidge moved to amend the Arts Commission funding recommendation for the 2011 Contract for Services Program consistent with the attached amended funding table. In addition, the amended funding allocation to Aria Dance Company is conditioned upon Aria Dance Company providing specific artistic services in Federal way. For the 2012 Arts commission Contract for Services process, the Arts Commission shall develop and conduct a workshop for all organizations intending to submit an application for the 2012 process. Councilmember Park asked why Centerstage was denied funding. Mr. Hutton answered that the Centerstage application had some omissions of required material and some inconsistencies in their application that was not approved by the Arts Commission. Councilmember Park asked if each agency had an opportunity to come in and speak on their behalf. Mr. Hutton answered that each agency that is selected goes through an interview process. Centerstage did not make it through the pre-screening, so they were not able to present to the Arts Commission. Councilmember Freeman asked if there was an opportunity to correct a defective application in the process. Mr. Hutton answered no there was not. Councilmember Freeman asked had the application been correct, would this have been an organization that would have been funded. Mr. Hutton stated he believed so. Centerstage has a history of receiving Contract for Services funding. Councilmember Park asked if the vote was unanimous to not fund Centerstage, Mr. Hutton answered yes. Councilmember Burbidge asked if that was consistent along the 3 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday January It, 201 lSummary Page 2 way, or if there were any other opinions expressed in regards to funding or not funding Centerstage? Mr. Hutton answered that the Arts Commission appreciates the work that Centerstage does. There was a lot of discussion during the process. They came to the conclusion that the application did not meet the requirements. Councilmember Burbidge stated that it has been her observation that previously the process included if there were questions about a particular application that the Arts Commissioner's or staff would bring it to the attention of the applicant group, and provide the opportunity for perfecting the application. Chair Burbidge was surprised to observe that there was an absolute finality in reviewing an application and not allowing an opportunity for correcting the application. Councilmember Freeman asked what was omitted from the application. Mr. Roe stated there were four areas that the Arts Commission felt the application was incomplete. l) The front page had two blanks that were not tilled in. This information could be found elsewhere in the application. 2) Confusing as to what they were asking for_ to one area they were asking for $10,000 for marketing purposes -which is ineligible, in another area they were asking for $15,000 to put on plays. 3) The organization chart did not have all of the names of the officers and positions. 4) The audit document that was submitted was not the most recent in regards to the current year. Mr. Roe stated that he felt the organization chart and the audit material met the intent, and it was the front page that was incomplete. Mr. Roe encouraged the Arts Commission to allow Centerstage to provide that information and grant them an interview. The Arts Commission stated they would consider that, and later decided to not grant them an interview. Arts Commissioner Clemens stated that this is the third year that Centerstage was out of compliance. Arts Commissioner Simpson-Opstad stated that the Arts Commission spends a lot of time on this each year. The application was revised. Ms. Simpson-Opstad stated that Centerstage deliberately does not complete the application. The Arts Commission spent two weeks on their application. There are rules and regulations that must be followed. Mayor Priest stated Centerstage has not been the only group that has been inconsistent. He stated that there needs to be a very clear process. A mandatory workshop needs to be developed. Applicants will be required to attend this workshop, and then if the group does not do what they are supposed to do, it will take the burden off of the Arts Commission. Councilmember Park is in agreement with developing a workshop to help the organizations. Councilmember Burbidge stated that the process was inconsistent, and that we should base the funding on this process in accordance with previous funding_ Commissioner Honda stated that they did change the applications this year to make it easier for groups to complete. This was not an easy decision for the Arts Commission. There is a history with Centerstage submitting incomplete applications. She also stated that last year they were told by staff that if the application was incomplete this year then they should not fund them. She is aware that the Commission makes recommendations, and Council makes the final decision. Councilmember Kochmar asked why they didn't comply. Arts Commissioner Honda answered that the application was completed by two different people, and that they put it together without reviewing it. Councilmember Freeman stated that if all of the applicants didn't comply we need to strike all the applicants that didn't comply, or come up with an equitable distribution. Everyone should be held accountable to the same level. Councilmember Burbidge moved to amend the Arts Commission funding recommendation for the 2011 Contract for Services Program consistent with the attached amended funding table. in addition, the amended funding allocation to Aria Dance Company is conditioned upon Aria Dance Company providing specific artistic services in Federal way. For the 2012 Arts commission Contract for Services process, the Arts Commission shall develop and conduct a workshop for all organizations intending to submit an application for the 2012 process. Councilmember Park seconded. Councilmember Park stated that Aria Dance funding is contingent on they provide information, what will happen if they are unable to provide that information? A contingency plan would have to be developed. Councilmember Kochmar would like Federal Way Festival days to be a part of that contingency plan. This item will be placed on Council business Motion passed. Arts Commission Work Plan Mr. Hutton reported that the Arts Commission held a retreat to develop the 20 t 1 work plan. The Arts Commission will focus on improving public relations with the press, newsletters, and web information. Councilmember Park stated that if the Full Council approves the amended motion for the Contract for Services, then the Workshop will need to be added to the Arts Commission 2011 work plan. Councilmember Park moved to forward the Arts Commission 2011 proposed Work Plan to the January 18, 2011 with the understanding it may be amended if 2012 Workshop is approved by Council on January 18, 2011. Councilmember Freeman seconded. Motion passed. This item will also be placed on Council Business. PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday January 11, 201 iSummary Page 3 Interlocal Agreement between City of Federal Way, Federal Way Public Schools Lakehaven Utility District and South King County Fire & Rescue No discussion was held. Councilmember Park moved to forward the proposed Contract amendment to the January 18, 2011 consent agenda for approval. Chair Burbidge seconded. Motion passed. Human Services Division/Community Response Severe Weather Shelter Ms. Hynden reported that two years ago when the area was blanketed with snow and freezing temperatures, the local churches informally banned together to open their facilities for a severe weather shelter. When the snow hit again, there was an expectation that those churches would do that again. The Community Development Department met with Emergency Management to discuss the differences between what a severe weather shelter is and an emergency shelter. There are specific delineations between the two. Severe weather is not covered by emergencies, but it does create emergencies for residents. This has not been budgeted for the City to take the lead, but with all of the partnerships that have been created, the City can help coordinate and help put together a guide. There are live local churches that are willing to participate with this project. This year they would start developing a protocol that would be adopted by the community and put into action when needed. Councilmember Kochmar stated she would like to look into homeless shelters on a more long term basis_ Ms. Etynden stated that there will be an opportunity for applying for the Neighborhood Stabilization 3 program, which would include acquiring an apartment complex. Councilmember Freeman moved to forward the proposed Human Services Division/Community Response Severe Weather Shelter Planning to the January 18, 2011 City Council Consent Agenda for approval. Councilmember Park seconded. Motion passed. 2011 Diversity Commission Work Plan Ms. Hynden provided the background information. Two years ago a consultant was hired, and they worked on the branding and the goals. The goals on the 2011 Work Plan are similar to the goals that were developed two years ago. The commission is continuing with two forums this year. They are 1) Ukrainian and language barriers in East European, and 2) working with the Jewish Family resettlement program_ There are not any other significant changes to the work plan. Councilmember Park asked Ms. Hynden how the Diversity Commission was working out as a whole. Ms. Hynden that there are still some concerns regarding what are they supposed to be doing as action items for Council, and how do they report back to Council. They want to enhance their community, but they all have different ideas. Most of them voice concerns about the youth. Other Commissioners just want to know what the council wants from them. Councilmember Park stated that the Diversity Commissions issues are so broad and they don't have any specific tasks to achieve. to previous years the Diversity Commission was in charge of the Volunteer Recognition Dinner and the Martin Luther King Jr. Celebration. Councilmember Park stated that since the liaison positions have been eliminated, he would like the Diversity commission needs to develop ideas on how to interact with the diversified community. Ms. Hynden stated that she would like to look at diverse leaders in the community to come together and have a round table. Chair Burbidge would like the existing Commissioners to have the opportunity to respond more specifically to ideas and to focus on what their interests are, and what they see is the purpose of the Diversity Commission. Councilmember Park stated that he would like to revisit the policy issues. Councilmember Park moved to forward the 2011 Diversity Commission Work Plan to the January 18, 2011 consent agenda for approval. Councilmember Freeman seconded. Motion passed. 2010/2011 Human Services Commission One -Time Public Services Fundis Ms. Hynden stated that the one-time funding of $86,000 is being put towards basic needs, with the exception of the capacity building project, and that is because through the application process there were concerns with the capacity of some of the agencies to perform an application process, even with technical assistance. This funding will support a position to help local agencies with the application process. With the contingency plan, none of the agencies are being funded for more than they requested or received in 2010. Councilmember Park moved to forward the proposed Agreement to the January 18, 2011 City Council Consent Agenda for approval. Councilmember Freeman seconded. Motion passed. PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday January 11, 2011Summary Page 4 Sprint Site Lease Renewal — Panther Lake (34519 14" Way S.W. Ms. Pearsall stated that there is a tower at Panther Lake Park, that has been there since 2005. This is the second amendment. The monthly rate is $2,433.31, which is consistent with the new rate. There is a 4% increase each year. Councilmember Park moved to forward the proposed amendment to the Sprint Site lease to the January 18, 2011 consent agenda for approval. Councilmember Freeman seconded. Motion passed. Pending Items Councilmember Kochmar would like the former Toys R Us building to be used as an inside Farmers Market. Councilmember Park stated that he would be willing to explore the idea, but he does not think it would be economically feasible_ The building has been vandalized, there is now power or electricity. NEXT MEETING February 8, 2011 5:30 p.m. in the Hylebos Conference Room ADJOURNMENT Meeting adjourned at 7:09p.m_ COUNCIL MEETING DATE: February 15,201 1 [TEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PARKS COMMISSION 2011 WORK PLAN POLICY QUESTION: Should the Council approve the Parks Commission 2011 Work Plan? COMMITTEE: PRHSPS MEETING DATE: FEB 8, 2011 UATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd, Parks & Facilities Manager DEPT: PRCS Background: The Parks Commission discussed their 2011 Work Plan during the January 3, 2011 Commission meeting and voted to forward to Mayor Priest and Council their proposed work plan for approval. Attachments: Parks Commission 2011 Work Plan Options Considered: #I- Approved the proposed Parks Commission 2011 Work Plan. #2- Decline the proposed Parks Commission 2011 Work Plan, and request the Parks Commission make recommended revisions. MAYOR'S RECOMMENDATION: Option #1; Approval of the proposed Parks Commission 2011 Work Plan. MAYOR APPROVAL: DIRECTOR APPROVAL: —__ -=-t Council Committee— Council COMMITTEE RECOMMENDATION: I move to forward the 2011 Parks Commission Work Plan to the full Council Feb 15, 2011 consent agenda for approval Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Parks Commission 2011 Work Plan" (BELOW TO BE COMPLETED BYCITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1'T reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED —08112/2010 RESOLUTION # 7 g 9 % IL � � c =_ __ 2 {y / �� yJ y$ �� 04 Cr Cl) C4$ [ 0 \ 2 6 f m 2 $/ R /& 0 k �m ® - k °3 om c o c 2E& ¥ $ k » r a § 2 $72� /� 2 E y4)$3 > ® �©-$ »c aS 77 CR \ - q& 27 ¢§«d �Ef2 k 2 �- c� _ oc_ - �. m. oCU !t- (A 'E 4) . §a e$ U( @ �CLgo °°N - 2�£&/�� �� a § t co e s@3 g�Q EE $gy m �oE� k0 Ee o� § e $2 °-I$#&� ƒ cc- 10o' c� eo c -2 7$ 0 �� c_ -o 2 $cum ea f= c f£ o em E ©¢ Sc §OSE@£ Cl -0 0 E � k ]2 \§�® 0 EE \a CL E - o a � c = © _ f > ƒ\ §,-oE�o2 :3,- a 2\ §Sƒ® �$ C: -m \c =»Z -of -0- f ® �©.T m m . 22 om §fQQk�/ o C: a ƒ$ �2G-0 0 \� $4 %/Q] $[ - W � e � � a & � 2 « > a o w&Swe»$ w & o 2»wa w& m E wawa J§ e 06 ) £ g= ƒ E K / £ m m m § $ ® 2 k/ �. %& / t m c 2 3 f //f 2 E� q �/ j fa / ƒ £ \E �# k E � E ƒ c- J� a \ o� e �\ » Co U) 4) CD E© > - « 2 �g 2j �a (ac ae ©£ m E m © a-2 «f 2 0 §k 2 \) 66 ƒ� ƒ� JCL f \0 $ �E kE $E �G \72 >@ E �S� $S // -Z-- I-- �= 8 «@ a� �e CO cm Q ƒS J VA 0 a _ ® 2 § V 2 e m -_ §Q a) LU 2 CL CL a IL�2 2 CR (L0�© ®k \ - > 0 2 / $ a- » \� 04 C14 COUNCIL MEETING DATE: February 15, 2011 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AMEND FEDERAL WAY" REVISED CODE REGARDING PAWNBROKERS AND SECONDHAND DEALERS POLICY QUESTION: Should the Cite Council approve and adopt the proposed modifications to Chapter 12.15 of the Federal Way Revised Code regarding pawnbrokers and secondhand dealers? COMMITTEE: PRHS&PS MEETING DATE: 02/08/2011 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Chief Brian Wilson DEPT: Police Attachments: Staff report and proposed ordinance amending Chapter 12.15 of the Federal Way Revised Code ("FWRC") regarding pawnbrokers and secondhand dealers. Options Considered: 1. Approve the proposed ordinance amending Chapter 12.15 of the FWRC regarding pawnbrokers and secondhand dealers, and adopt at the March 1, 2011 City Council Meeting. 2_ Modify the proposed ordinance amending Chapter 12.15 of the FWRC regarding pawnbrokers and secondhand dealers, and adopt at the March 1, 2011 City Council Meeting. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: DIRECTOR APPROVAL: �.4A/(� IA/t Com ee Council Committee Council COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on February 15, 2011 City Council meeting. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): IST READING OF ORDINANCE (FEBRUARY 15): 1 move to forward approval of the ordinance to the March 1 2011 Council Meeting for adoption. 2ND READING OF ORDINANCE (MARCH 1): "1 move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # i:] 1t CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: February 15, 2011 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Skip Priest, Mayor FROM: Brian J. Wilson, Chief of Polic!'1 SUBJECT: Amend Federal Way Revised C e Regarding Pawnbrokers and Secondhand Dealers The proposed amendment addresses precious metals and secondhand dealers, which is necessary because the Federal Way Police continue to catch thieves and drug addicts who have stolen jewlry. No comprehensive statitics on gold or jewelry thefts are available, but burglaries have increased 18 percent and those burglaries involving jewelry has increased 24 percent overall in 2010 in comparison to same time last year. The current environment has created a market for stolen items and thus perpetuates the cycle of crime. This crime trend is not isolated to our community but a nationwide phenomena with high precious metal prices and hard economic times. The proposed regulations address secondhand dealers, create a temporary business license for secondhand dealers, and create an enforcement mechanism whereby failure to document transactions and/or display registration documents is a gross misdemeanor. The lack of current regulations on secondhand dealers, coupled with the skyrocketing price of gold and silver is most likely correlatedto an increase in home burglaries where jewelry is targeted. Due to the market price of precious metals, there has been an increase of secondhand dealer precious metal business type of operations from individuals desiring to exploit the market condition. These precious metal exchanges have opened in unusual places in our community like gas station and grocery store with "Cash for Gold" sign holders cropping up at busy intersections urging to sell gold and silver at these locations. All of which appears to be a growth in criminal trade. It is the interest of the citizens to amend the Federal Way Revised Code regarding the pawnbrokers and secondhand dealers to reverse the booming cash -for -gold business for those criminals converting it into a quick payday at these shops. The amendment to the exising ordinance will require the secondhand dealers to obtain the identification of the person conducting the transaction, enter the information into the data base regulated by the Police Department and retention period of 45 days before selling or disposing of any article. The intent is to discourage many criminals from anonymously selling stolen jewell; 10 increase the opportunity to recover stolen items; and prosecutethe suspects. The proposed revision is similar to the emphasison scrap metal laws, which were enacted several years ago. It is my understanding that similar revisions may be proposed in the State Legislature this session. It is the recommendation of the staff that the City Council approve the proposed ordinance amending Chapter 12.15 of the FWRC regarding pawnbrokers and secondhand dealers. 2 11 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to Pawnbrokers and Secondhand Dealers; amending FWRC 12.15.010, 12.15.140. 12.15.230, 12.15.240, 12.15.290, 12.15.300; and adding new sections to 12.15.330. (Amending Ordinance Nos. 09-600 and 90-57) WHEREAS, the market price of precious metals has increased significantly and there has been a proliferation of pawnbroker and secondhand dealer precious metal businesses type of operations from individuals desiring to exploit the market conditions; and WHEREAS, the presence of these businesses in neighborhoods is linked to increased home burglaries, which threatens the health and safety of City of Federal Way residents; and WHEREAS, the City of Federal Way City Council finds that it is in the best interest of the citizens to further address the pawnbroker and secondhand dealer businesses. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 12.1.010 is hereby amended to read as follows: 12.15.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Terms not defined here are defined according to FWRC 1.05.020. "Identified as stolen or pawned without authorization" means any property which has been reported by the rightful owner to a law enforcement authority as missing or stolen. "Melted metals" means metals derived from a metal sunk or precious metals that have been reduced to a melted state from other than ore or ingots which are produced from ore that has not previously been processed "Metal junk" means any metal that has previously been milled shaped stamped, or forged and that is no longer useful in its original form except precious metals "Nonmetal sunk" means any nonmetal commonly discarded item that is wom out or has outlasted its usefulness as intended in its original form except nonmental sunk does not include an item made in a former Period which has enhanced value because of its age. Ordinance No. 10 - 12 Page I of 6 Rev 1/10 "Pawnbroker" means every person who takes or receives by way of pledge, pawn or exchange goods, wares, or merchandise of any kind of personal property for the repayment of security of any money loaned thereon, or to loan money on deposit of personal property, or who makes public display of any sign indicating that he has money to loan on personal property on deposit or pledge. "Pawnshop" means every place at which a pawnbroker business is being conducted. "Precious metals" means gold silver, and platinum "Rightful owner, " unless otherwise proven, means the person having possession of the property prior to the theft or removal without authorization. "Secondhand dealer" means aevery person who, as a business, engages in whole or in part in the purchase, sale, barter, sale on consignment, or otherwise exchanges for value secondhand goods including metal funk melted metals whether or not the person maintains a fixed place of business Secondhand dealer also includes persons or entities conducting business at locations within the City, including but not limited to flea markets swap meets hotels gas stations tattoo parlors and taverns and conducting business more than three times per year; , "Secondhand goods" means any item of personal property offered by sale which is not new, including metals in anv form except postage stamps coins that re legal tender, bullion in the form of fabricated hallmarked bars used books and clothing of resale value of seventy-five dollars or less except furs Secondhand goods all used-er does not include used, remanufactured, or junk motor vehicles or boats. "Temporary secondhand dealer license" means a license that will be issued by the City Clerk when the secondhand dealer intends to conduct business for ninety days or less at one location. Section 2. FWRC 12.15.140 is hereby amended to read as follows: 12.15.140 Required. M It is unlawful for any person to engage in the business of pawnbroker or secondhand dealer without first obtaining a license pursuant to the provisions of this chapter. Every license granted under this title shall be posted in a conspicuous place in the place of business of the licensee (2) It is unlawful for any person to engage in secondhand dealing for ninety days or less at one location without first obtaining a Femporary Secondhand Dealer License from the City Clerk. Ordinance No. 10 - 13 Page 2 of 6 Rev 1/10 Section 3. FWRC 12.15.230 is hereby amended to read as follows: 12.15.230 fiords- Information Required to be entered into data base and into a business book. required 1 Database. Eve awnbroker and secondhand dealer shall enter within twent - four (24) hours any and all requested information into the data base prescribed the law enforcement agency (2) Business book Every pawnbroker and secondhand dealer shall maintain at his or her place of business a book in which he or she shall at the time of such loan, purchase or sale, enter, in the English language, written in ink, the following information: (4a) The date of the transaction; (fib) The name of the person conducting the transaction and making the entries required in this chapter; (3c) The printed name, signature, age, date of birth, height, weight, address, telephone number, the general description of the dress, complexion, color of hair and facial appearance of the person with whom the transaction is had, including the identification which the customer shall present to verify his or her identity, and the account or other number of such identification; (4r) The name, address and telephone number of the owner of the property bought or received in pledge; (6e) The address of the place from which the property bought or received in pledge was last removed,- (6f) emoved;(6f) A description of the property bought or received in pledge, which shall include the name of the maker of such property or the manufacturer thereof and the serial number, if the article has such marks on it, or any other inscriptive or identifying marks; provided, that when the article received is furniture or the contents of any house or room actually inspected on the premises where the sale is made, a general description of the property shall be sufficient; (7_q) The price paid or the amount loaned; (8h) The number of any pawn ticket issued therefore; or (91) Comply with the provisions of RCW 19.60.020(1). Section 4. FWRC 12.15.240 is hereby amended to read as follows: 12.15.240 Records and articles to be available for inspection. LD All books and other records of any pawnbroker or secondhand dealer relating to the purchase, pledge, exchange or receipt of any goods, wares, merchandise or other articles or things of value shall at all times be open for inspection by members of the law enforcement authority for the city and shall be kept for three years. All articles and things received, purchased or left in pledge with the pawnbroker or secondhand dealer shall at all times be open to like inspection. Ordinance No. 10 - 14 Page 3 of 6 Rev 1/10 (2) Upon request from law enforcement every pawnbroker and secondhand dealer doing business in the Ci shall furnish a full true and correct transcri t of the record of alit ansa-tionsconducted on the recedin da .These transactions shall be recorded into the database Prescribed by law enforcement within twen -four hours_ Section 5. FWRC 12.15.290 is hereby amended to read as follows: 12.15.290 Retention period. No secondhand dealer shall sell or dispose of any article received or purchased or permit them to be removed from his or her place of business within 4-545 days after the receipt of such goods has been reported to the law enforcement authority for the city as provided herein, except when the goods have been inspected by the law enforcement authority for the city and they have authorized the secondhand dealer to dispose of such goods within a lesser period of time; provided, that consigned property need only be held for three days prior to sale. Section 6. FWRC 12.15.300 is hereby amended to read as follows: 12.15.300 Hours of operation. It is unlawful for any pawnbroker or secondhand dealer to conduct or carry on the business of the pawnbroker or secondhand dealer, in whole or in part, directly or indirectly, or to open or keep open, his or her usiness for transaction of any business whatsoever therein, between the hourplace, of s of 8-00 p.m. and 7:00 a.m., except that from December 1st to December 24th of each year, when pawnbrokers may remain open until 10:00 p.m. Section 7. Chapter 12 of the Federal Way Revised Code is hereby amended to add a new section 12.15.330 to read as follows: 12.15.330Prohibited Acts —Penal RCW 19.60.066 is hereb ado ted b reference. It is a gross misdemeanor for: Any person to remove alter or obliterate any manufacturer's make model or serial number, Personal identification number or identi yingmarks engraved or etched upon an item of personal property that was purchased cosigned or _received an pledge In addition an it shall not be accepted for pledge or a secondhand purchase where the manufacturer's make model or serial number, personal identification number or identif Ann marks engraved or etched upon an item of personal property has been removed altered or obliterated Ordinance No_ 10 - Page 4 of 6 Rev 1/10 15 Any person to knowingly make cause or allow to be made any false entry or misstatement of any material matter in any bookrecord or writing required to be kept under this chapter, Any pawnbroker or secondhand dealer to receive any property from any person under the ape of eighteen years any person under the influence of intoxicating liquor or drugs or any person known to the pawnbroker or secondhand dealer as having been convicted of burglary robbery, theft or possession of or receiving stolen property within the past ten years whether the person is acting in his/her own behalf or as the agent of another- Any pawnbroker to engage in the business of cashing or selling checks drafts money orders or other commercial paper serving the same purpose unless the pawnbroker complies with the provisions of chapter 31.45 RCW or I Any person to violate knowingly any other provision of this chapter. Section 8. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 9. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 10. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ordinance No. 10 - 16 Page .i of 6 Rev 1/10 Section 11. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 2011. CITY OF FEDERAL WAY MAYOR, SKIP PRIEST ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: KAord\201 l\code update — pawnbrokers precious metals.doc Ordinance No_ 10 - 17 Page 6 of 6 Rev 1/10 18 COUNCIL MEETING DATE: February- 15, 2011 ITEM i CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: State of Washington, 62 Legislature House Bill #1445 and Senate Bill #535.1 POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department support the Presumptions of Occupational Disease for Law Enforcement Officers and Firefighter defined in House Bili #1445 and Senate Bill #5354? COMMITTEE: Parks, Recreation, and Public Safety Council Committee MEETING DATE: Feb. 8, 2011 k -A CEGORY ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution F] ether STAFF REPORT BY: CHIEF BRIAN WILSON DEPT: Police Department Attachments: 1. PRHS&PS Memo 2. House Bill # 1445 3. Senate Bill #5354 Options Considered: 1. Support House Bill #1445 and Senate Bill #5354 2. Reject Support of the House and Senate Bills STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER APPROVAL: DIRECTOR APPROVAL: j1 li'l, /-}ljof ,aLni,., I' 31 fl Council Committee Council COMMITTEE RECOMMENDATION: I move to forward the request to suppost Presumptions of Occupational Disease for Law Enforcement Officers and Firefighters as defined under House Bill # 1445 and Senate Bill #5354 to the February 15, 2011 city council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL -MOTION: I move to approve the support of -Presumptions of Occupational Disease for Law Enforcement Officers and Firefighters as defined under House Bill # 1445 and Senate Bili #5354. BELOW TO BECOMPLETED BYCITYCLERKSOFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # DENIED IsT reading 13 TABLED/DEFERRED/NO ACTION Enactment reading 13 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02J06i2006 RESOLUTION # 19 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: February 15, 2011 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Skip Priest, Mayor FROM: Brian J. Wilson, Chief of Poli SUBJECT: Act Relating to Presumptions toccupational Disease for Law Enforcement Officers and Firefighters. The State of Washington, 62"d Legislature is looking at adding a new section to RCW 51.32. House Bill # 1445 and Senate Bill #5354 recommend that "If a law enforcement officer, who is covered under Title 51 RCW, dies as the direct and proximate result of a hear attach or stroke, that law endorcement officer shall be presumed to have died as the direct and proximate result of personal injury sustained in the course of employment" This statement is contingent on several qualifinging requirements. The Federal Way Police Department supports both House Bill #1445 and Senate Bill #5254 and has received prior consent from City of Federal Way to participate in the hearings. The Federal Way Police Department is requesting that the Federal Way City Council support this legislation. 1 20 Z-04,52.11 HOUSE BILL 1445 State of Washington 62nd Legislature 2011 Regular Session By Representatives Van De Wege, Rodne, Pettigrew, Upthegrove, Liias, Maxwell, Reykdal, Stanford, Orwall, Sullivan, Sells, Hurst, Fitzgibbon, Kelley, and Ormsby; by request of Law Enforcement Officers and Fire Fighters' Plan 2 Retirement Board Read first time 01121111. Referred to Committee on Labor & Workforce Development. 1 AN ACT Relating to presumptions of occupational disease for law 2 enforcement officers and firefighters; amending RCW 51.32.185; adding 3 a new section to chapter 51.32 RCW; and creating a new section. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 5 NEW SECTION. Sec. 1. A new section is added to chapter 51.32 RCW 6 to read as follows: 7 (1) For purposes of this section, "law enforcement officer" means 8 either a law enforcement officer as defined in RCW 41.26.030 or a 9 member of the Washington state patrol retirement system under chapter 10 43.43 RCW. 11 (2) If a law enforcement officer, who is covered under Title 51 12 RCW, dies as the direct and proximate result of a heart attack or 13 stroke, that law enforcement officer shall be presumed to have died as 14 the direct and proximate result of a personal injury sustained in the 15 course of employment, if: 16 (a) That law enforcement officer, while on duty: 17 (i) Engaged in a situation, and such engagement involved nonroutine 18 stressful or strenuous physical law enforcement, fire suppression, P. 41 HB 1445 1 rescue, hazardous material response, emergency medical services, prison 2 security, disaster relief, or other emergency response activity; 3 (ii) Participated in a training exercise, and such participation 4 involved nonroutine stressful or strenuous physical activity; or 5 (iii) Responded to, or was in the course of responding to, a fire, 6 rescue, or police emergency; and 7 (b) That officer died as a result of a heart attack or stroke 8 suffered: 9 (i) While engaging or participating or responding as described 10 under (a) of this subsection; 11 (ii) While still on duty after so engaging or participating or 12 responding; or 13 (iii) Not later than twenty-four hours atter so engaging or 14 participating or responding; and 15 (c) This presumption is not overcome by competent medical evidence 16 to the contrary. 17 (3) Nonroutine stressful physical activity means line of duty 18 activity that: 19 (a) Is not performed as a matter of routine. Routine means that 20 the level of stress is routine and not simply that the activity itself 21 is performed with some regularity; 22 (b) Entails nonnegligible physical exertion; and 23 (c) Occurs with respect to a situation in which a law enforcement 24 officer is engaged, under circumstances that objectively and 25 reasonably: 26 (i) Pose, or appear to pose, significant dangers, threats, or 27 hazards, or reasonably foreseeable risks thereof, not faced by 28 similarly situated members of the public in the ordinary course; and 29 provoke, cause, or occasion an unusually high level of alarm, fear, or 30 anxiety; or 31 (ii) With respect to a training exercise in which a law enforcement 2_ -of fsC-er — participates, under circumstances that objectively and 33 reasonably simulate in realistic fashion situations that pose 34 significant dangers, threats, or hazards; and provoke, cause, or 35 occasion an unusually high level of alarm, fear, or anxiety. 36 (4)(a) Nonroutine strenuous physical activity means line of duty 37 activity that: HB 14452 P• 1 ! l j -s not rer_crmed as a _u ter or t_.:e • Routine ine means that 2 the level of physical exertion is routine and not simply that the 3 activity itself is performed with some regularity; and 4 (ii) Entails an unusually high level of physical exertion. 5 (b) Nonroutine stressful or strenuous hysical activity excludes 6 actions of a clerical, administrative, or nonmanual nature. 7 Sec. 2. RCW 51.32.185 and 2007 c 490 s 2 are each amended to read 8 as follows: 9 (1) In the case of firefighters as defined in RCW 41.26.030(({x+)) 10 (16) (a), (b), and (c) who are covered under itie 51 RCW and 11 firefighters, including supervisors, employed Dr. : qui -time, -Ful 12 compensated basis as a firefighter of a private sector employer's fire 13 department that includes over fifty such firefighters, there shall 14 exist a prima facie presumption that: (a) Respiratory disease; (b) any 15 heart problems or strokes, experienced within seventy-two hours of 16 exposure to smoke, fumes, or toxic substances, or experienced within 17 twenty-four hours of strenuous physical exertion due to firefighting 18 activities; (c) cancer; and (d) infectious diseases are occupational 19 diseases under RCW 51.08.140. This presumption of occupational disease 20 may be rebutted by a preponderance of the evidence. Such evidence may 21 include, but is not limited to, use of tobacco products, physical 22 fitness and weight, lifestyle, hereditary factors, and exposure from 23 other employment or nonemployment activities. 24 (2) The presumptions established in subsection (1) of this section 25 shall be extended to an applicable member following termination of 26 service for a period of three calendar months for each year of 27 requisite service, but may not extend more than sixty months following 28 the last date of employment. 29 (3) The presumption established in subsection (1)(c) of this 30 section shall only apply to any active or former firefighter who has 31- -cancer- that develops or -manifests itself --after the firefighter has 32 served at least ten years and who was given a qualifying medical 33 examination upon becoming a firefighter that showed no evidence of 34 cancer. The presumption within subsection (1)(c) of this section shall 35 only apply to prostate cancer diagnosed prior to the age of fifty, 36 primary brain cancer, malignant melanoma, leukemia, non-Hodgkin's P. J3 HB 1445 1 lymphoma, bladder cancer, ureter cancer, colorectal cancer, multiple 2 myeloma, testicular cancer, and kidney cancer. 3 (4) The presumption established in subsection (1)(d) of this 4 section shall be extended to any firefighter who has contracted any of 5 the following infectious diseases: Human immunodeficiency 6 virus/acquired immunodeficiency syndrome, all strains of hepatitis, 7 meningococcal meningitis, or mycobacterium tuberculosis. 8 (5) Beginning July 1, 2003, this section does not apply to a 9 firefighter who develops a heart or lung condition and who is a regular 10 user of tobacco products or who has a history of tobacco use. The 11 department, using existing medical research, shall define in rule the 12 extent of tuba ---o use that shall exclude a firefighter from the 13 provisions of this section. 14 (6) For purposes of this section, "firefighting activities" means 15 fire suppression, fire prevention, emergency medical services, rescue 16 operations, hazardous materials response, aircraft rescue, and training 17 and other assigned duties related to emergency response. 18 (7)(a) When a determination involving the presumption established 19 in this section is appealed to the board of industrial insurance 20 appeals and the final decision allows the claim for benefits, the board 21 of industrial insurance appeals shall order that all reasonable costs 22 of the appeal, including attorney fees and witness fees, be paid to the 23 firefighter or his or her beneficiary by the opposing party. 24 (b) When a determination involving the presumption established in 25 this section is appealed to any court and the final decision allows the 26 claim for benefits, the court shall order that all reasonable costs of 27 the appeal, including attorney fees and witness fees, be paid to the 28 firefighter or his or her beneficiary by the opposing party. 29 (c) When reasonable costs of the appeal must be paid by the 30 department under this section in a state fund case, the costs shall be 31 paid from the accident fund and charged to the costs of the claim. 32 NEW SECTION. Sec. 3. This act applies retroactively to January 1, 33 2010. --- END --- 24 HB 1445 p. 4 SENATE BILL 5354 State of Washington 62nd Legislature 2011 Regular Session By Senators Hargrove, Roach, Kilmer, Keiser, Kohl-ileiles, McAuliffe, and Conway; by request of Law Enforcement Officers and Fire Fighters' Plan 2 Retirement Board Read first time 01121111. Referred to Committee on Labor, Commerce & Consumer Protection. 1 AN ACT Relating to presumptions of occupational disease for law 2 enforcement officers and firefighters; amending RCW 51.32.185; adding 3 a new section to chapter 51.32 RCW; and creating a new section. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 5 NEW SECTION. Sec. 1. A new section is added to chapter 51.32 RCW 6 to read as follows: 7 (1) For purposes of this section, "law enforcement officer" means 8 either a law enforcement officer as defined in RCW 41.26.030 or a 9 member of the Washington state patrol retirement system under- chapter 10 43.43 RCW. 5 11 (2) If a law enforcement officer, who is covered under Title 51 —1.2__ RCW,__dies _ as__the---direc-t_--and proximate_-_ rPzul_t- o.f__a_-_heart _attack or_ __ 13 stroke, that law enforcement officer shall be presumed to have died as 14 the direct and proximate result of a personal injury sustained in the 15 course of employment, if: 16 (a) That law enforcement officer, while on duty: 17 - (i) Engaged in a situation, and such engagement involved nonroutine 18 stressful or strenuous physical law enforcement, fire suppression, 25 P. 1 SB 5354' suffered: (i) While engaging or participating or responding as described under (a) of this subsection; (ii) While still on duty after so engaging or participating or responding; or (iii) Not later than twenr--/-four hours atter so engaging or participating or responding; and (c) This presumption is not overcome by competent medical evidence to the contrary. (3) Nonroutine stressful physical activity means line of duty activity that: (a) Is not performed as a matter of routine. Routine means that the level of stress is routine and not simply that the activity itself is performed with some regularity; (b) Entails nonnegligible physical exertion; and (c) Occurs with respect to a situation in which a law enforcement officer is engaged, under circumstances that objectively and reasonably: (i) Pose, or appear to pose, significant dangers, threats, or hazards, or reasonably foreseeable risks thereof, not faced by similarly situated members of the public in the ordinary course; and provoke, cause, or occasion an unusually high level of alarm, fear, or anxiety; or (ii) With respect to a training exercise in which a law enforcement officer participates, under circumstances that objectively and reasonably simulate in realistic fashion situations that pose significant dangers, threats, or hazards; and provoke, cause, or occasion an unusually high level of alarm, fear, or anxiety. (4)(a) Nonroutine strenuous physical activity means line of duty activity that: 26 SB 5354 p. 2 2 securit,, disdstt'r ie 11. _ .iL--- emeigeri`.1 Z SNcnsty; 3 (ii) Participated in a training exercise, and such participation 4 involved nonroutine stressful or strenuous physical activity; or 5 (iii) Responded to, or was in the course of responding to, a fire, 6 rescue, or police emergence; and 7 (b) That officer died as a result of a,--L- suffered: (i) While engaging or participating or responding as described under (a) of this subsection; (ii) While still on duty after so engaging or participating or responding; or (iii) Not later than twenr--/-four hours atter so engaging or participating or responding; and (c) This presumption is not overcome by competent medical evidence to the contrary. (3) Nonroutine stressful physical activity means line of duty activity that: (a) Is not performed as a matter of routine. Routine means that the level of stress is routine and not simply that the activity itself is performed with some regularity; (b) Entails nonnegligible physical exertion; and (c) Occurs with respect to a situation in which a law enforcement officer is engaged, under circumstances that objectively and reasonably: (i) Pose, or appear to pose, significant dangers, threats, or hazards, or reasonably foreseeable risks thereof, not faced by similarly situated members of the public in the ordinary course; and provoke, cause, or occasion an unusually high level of alarm, fear, or anxiety; or (ii) With respect to a training exercise in which a law enforcement officer participates, under circumstances that objectively and reasonably simulate in realistic fashion situations that pose significant dangers, threats, or hazards; and provoke, cause, or occasion an unusually high level of alarm, fear, or anxiety. (4)(a) Nonroutine strenuous physical activity means line of duty activity that: 26 SB 5354 p. 2 as � _^�at�,r Cr :out rn. means gnat 2 tine level of physical exertion is routine and not simply that the 3 activity itself is performed with some regularity; and 4 (ii) Entails an unusually high level of physical exertion. 5 (b) Nonroutine stressful or strenuous physical activity excludes 6 actions of a clerical, administrative, or nonmanual nature. 7 Sec. 2. RCW 51.32.185 and 2007 c 490 s 2 are each amended to read 8 as follows: 9 (1) In the case of firefighters as defined in RCW 41.26.030(({4-})) 10 (16) (a), (b), and (c) who are covered under Title 51 RCW and 11 firefighters, including supervisors, employed on a full-time, fully 12 compensated iasis as a firefighter of a private sector employer's fire 13 department that includes over fifty such firefighters, there shall 14 exist a prima facie presumption that: (a) Respiratory disease; (b) any 15 heart problems or strokes, experienced within seventy-two hours of 16 exposure to smoke, fumes, or toxic substances, or experienced within 17 twenty-four hours of strenuous physical exertion due to firefighting 18 activities; (c) cancer; and (d) infectious diseases are occupational 19 diseases under RCW 51.08.140. This presumption of occupational disease 2.0 may be rebutted by a preponderance of the evidence. Such evidence may 21 include, but is not limited to, use of tobacco products, physical 22 fitness and weight, lifestyle, hereditary factors, and exposure from 23 other employment or nonemployment activities. 24 (2) The presumptions established in subsection (1) of this section 25 shall be extended to an applicable member following termination of 26 service for a period of three calendar months for each year of 27 requisite service, but may not extend more than sixty months -following 28 the last date of employment. 29 (3) The presumption established in subsection (1)(c) of this _30_____section__shall.—only _apply_ to _ any. active --or former= firefighter who- has -- 31 cancer that develops or manifests itself after the firefighter has 32 served at least ten years and who was given a qualifying medical 33 examination upon becoming a firefighter that showed no evidence of 34 cancer. The presumption within subsection (1)(c) of this section shall 35 only apply to prostate cancer diagnosed prior to the age of fifty, 36 primary brain cancer, malignant melanoma, leukemia, non-Hodgkin's 27 p. 3 SB 5354 2 myeloma, testicular cancer, and kidney cane=r. 3 (4) The presumption established in subsection (1)(d) of this 4 section shall be extended to any firefighter who has contracted any of 5 the following infectious diseases: Human immunodeficiency 6 virus/acquired immunodeficiency syndrome, all strains of hepatitis, 7 meningococcal meningitis, or mycobacterium tuberculosis. 8 (5) Beginning July 1, 2003, this section does not apply to a 9 firefighter who develops a heart or lung condition and who is a regular 10 user of tobacco products or who has a history of tobacco use. The 11 department, using existing medical research, shall define in rule the 12 extent of tobacco use that shall exclude a firefighter from the 13 provisions of this section. 14 (6) For purposes of this section, "firefighting activities" meals 15 fire suppression, fire prevention, emergency medical services, rescue 16 operations, hazardous materials response, aircraft rescue, and training 17 and other assigned duties related to emergency response. 18 (7)(a) When a determination involving the presumption established 19 in this section is appealed to the board of industrial insurance 20 appeals and the final decision allows the claim for benefits, the board 21 of industrial insurance appeals shall order that all reasonable costs 22 of the appeal, including attorney fees and witness fees, be paid to the 23 firefighter or his or her beneficiary by the opposing party. 24 (b) When a determination involving the presumption established in 25 this section is appealed to any court and the final decision allows the 26 claim for benefits, the court shall order that all reasonable costs of 27 the appeal, including attorney fees and witness fees, be paid to the 28 firefighter or his or her beneficiary by the opposing party. 29 (c) When reasonable costs of the appeal must be paid by the 30 department under this section in a state fund case, the costs shall be 31 paid from the accident fund and charged to the costs of the claim. 32 NEW SECTION. Sec. 3. This act applies retroactively to January 1, 33 2010. 28 SB 5354 p. 4