WASHINGTON STATE LEGISLATURE
Legislative Digest No. 23

FIFTY-NINTH LEGISLATURE
Thursday, February 9, 200632nd Day - 2006 Regular Session

SENATE
SB 6213-SSB 6222-SSB 6225-SSB 6239-SSB 6301-SSB 6315-SSB 6319-S
SB 6320-SSB 6322-SSB 6325-SSB 6367-SSB 6372-SSB 6378-SSB 6401-S
SB 6402-SSB 6406-SSB 6409-SSB 6427-SSB 6460-SSB 6478-SSB 6548-S
SB 6552-SSB 6679-SSB 6684-SSB 6727-SSB 6794-SSB 6830-SSB 6839-S
SB 6853-SSB 6892
HOUSE
HB 1015-S2HB 1504-SHB 1731-S2HB 2233-SHB 2323-SHB 2325-SHB 2333-S
HB 2342-S2HB 2388-SHB 2392-SHB 2396-SHB 2422-S2HB 2443-SHB 2462-S2
HB 2537-SHB 2572-S2HB 2575-S2HB 2586-SHB 2593-S2HB 2635-SHB 2645-S2
HB 2668-SHB 2684-SHB 2697-SHB 2706-SHB 3190-SHB 3193-SHB 3208-S

This publication includes digest and history for bills, joint memorials, joint resolutions, concurrent resolutions, initiatives, and substitutes. Engrossed measures may be republished if the amendment makes a substantive change.

Electronic versions of Legislative Digests are available at http://www.leg.wa.gov/wsladm/billinfo1/digsup.cfm?year=2006.


House Bills

HB 1015-S2

by House Committee on Appropriations (originally sponsored by Representatives Campbell, Morrell, Skinner, Hankins, Simpson, Schindler, and Chase)


Requiring reporting of hospital-acquired infections in health care facilities.


(DIGEST OF PROPOSED 2ND SUBSTITUTE)


Finds that hospitals should be implementing evidence-based measures to reduce hospital-acquired infections. The legislature further finds the public should have access to data on outcome measures regarding hospital-acquired infections. Data reporting should be consistent with national hospital reporting standards.

Provides that the department shall adopt guidelines and rules for the identification, tracking, reporting, and release of information related to outcome measures as related to health care-associated infections acquired in hospitals.

Requires the guidelines and rules to consider outcome measures, for an entire hospital or specified units, in the following categories: (1) Surgical site infections for selected procedures;

(2) Surgical antimicrobial prophylaxis;

(3) Outcome measures on ventilator-associated pneumonia; and

(4) Central line-associated, laboratory-confirmed bloodstream infections in the intensive care unit.

Requires the department to publish an annual report on the department's web site that compares the hospital-acquired infection outcomes described in this act at each individual hospital in the state. Comparisons among hospitals shall be adjusted to consider patient mix and other relevant risk factors and control for provider peer groups, when appropriate. The annual report shall disclose data in a format so that no health information about any individual patient is released. The department may respond to requests for data and other information, at the requestor's expense, for special studies and analysis consistent with requirements for confidentiality of patient records and quality improvement information.

Requires the department to establish an advisory committee to make recommendations to the department in the development of guidelines and rules for the collection, reporting, and release of information related to hospital-acquired infections and to provide advice and recommendations to the department regarding the report in this act to expand the program to ambulatory surgical centers and outpatient surgical centers.

Directs the advisory committee to meet as often as necessary to complete its duties, but not less than three times per year and report to the legislature in November 2008 regarding the activities of United States centers for disease control, centers for medicare and medicaid services, joint commission for the accreditation of health care organizations, and the institute for health care improvement related to reporting hospital-acquired infections.

Requires the department, with the advice and recommendations of the advisory committee created in this act, to issue a report by December 1, 2006, that establishes a plan and timetable for expanding the health care-associated infection identification, tracking, reporting, and analysis program established under this act to include ambulatory surgical centers and outpatient surgical centers.

Provides that neither the reports submitted by hospitals, ambulatory surgical centers, or outpatient surgical centers to the department under this subsection, nor any of the data contained in them are subject to discovery by subpoena or admissible as evidence in a civil proceeding.
-- 2006 REGULAR SESSION --
Feb 4APP - Majority; 2nd substitute bill be substituted, do pass.
Feb 7Passed to Rules Committee for second reading.

HB 1504-S

by House Committee on Transportation (originally sponsored by Representatives Simpson, Woods, and Lovick)


Changing abandoned vehicle auction notice requirements.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Amends RCW 46.55.110 and 46.55.130 to adjust notice of abandoned vehicle auctions.
-- 2006 REGULAR SESSION --
Feb 3TR - Majority; 1st substitute bill be substituted, do pass.
Feb 7Passed to Rules Committee for second reading.

HB 1731-S2

by House Committee on Appropriations (originally sponsored by Representatives Hunt, Campbell, Wood, Nixon, Clibborn, Jarrett, McDermott, Blake, Williams, Pettigrew, Dickerson, Dunshee, Lovick, Upthegrove, Moeller, Darneille, Kenney, McCoy, Chase, Ormsby, Simpson, Miloscia, and Schual-Berke)


Requiring the removal of mercury components from end-of-life motor vehicles.


(DIGEST OF PROPOSED 2ND SUBSTITUTE)


Declares an intent to reduce the quantity of mercury released into the environment by: (1) Removing mercury containing light switches and antilock brake sensors from end-of-life vehicles in the state of Washington; and

(2) Creating a collection and recovery program for mercury-added components removed from vehicles in the state of Washington.

Requires manufacturers to, individually or as part of a group, submit to the department for review and approval a plan to remove, collect, and recover mercury-added components before crushing or shredding motor vehicles. Manufacturers are responsible for ensuring that mercury-added components are properly removed, collected, and recovered from end-of-life vehicles.

Requires every effort to be made by vehicle manufacturers to ensure that mercury-added components are removed from vehicles before they are crushed or shredded.

Requires every manufacturer of motor vehicles sold in this state to, individually or as part of a group, submit a plan to the department, within ninety days of the effective date of this act, describing a program meeting the requirements established in this act.

Provides that a manufacturer subject to this act shall, individually or as part of a group, annually report to the department concerning the performance of the manufacturer's plan. The report must include, but is not limited to: (1) A detailed description and documentation of the capture rate achieved and how and where the mercury was recycled or otherwise appropriately managed;

(2) A plan to implement additional or alternative actions, if necessary, to improve the capture rate.

Declares that a violation of this act is punishable by a civil penalty not to exceed one thousand dollars per violation per day. Penalties collected under this provision must be deposited in the state toxics control account created in RCW 70.105D.070. The civil penalties are in addition to any other penalties authorized under other state or local laws governing the use of mercury in motor vehicles.

Takes effect July 1, 2006.
-- 2006 REGULAR SESSION --
Feb 2APP - Majority; 2nd substitute bill be substituted, do pass.
Minority; do not pass.
Feb 3Passed to Rules Committee for second reading.

HB 2233-S

by House Committee on Higher Education & Workforce Education (originally sponsored by Representatives Kristiansen, B. Sullivan, Cox, Sells, Woods, Rodne, Bailey, Pearson, Strow, Campbell, Serben, O'Brien, Ahern, Kretz, and Murray)


Mandating that a percentage of tuition waivers go to veterans.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Directs the institutions of higher education to participate in outreach activities to increase the number of veterans who receive tuition waivers. Colleges and universities shall revise the uniform application for admissions so that all applicants shall have the opportunity to advise the institution that they are veterans who need assistance. The legislature intends to make available to all eligible admitted veterans a waiver of operating fees by a state university, a regional university, The Evergreen State College, or the community colleges as a whole, to veterans who qualify under RCW 28B.15.621.
-- 2006 REGULAR SESSION --
Feb 2HEWE - Majority; 1st substitute bill be substituted, do pass.
Feb 3Passed to Rules Committee for second reading.
Feb 6Rules Committee relieved of further consideration. Placed on second reading.
Feb 71st substitute bill substituted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 98; nays, 0; absent, 0; excused, 0.

HB 2323-S

by House Committee on Local Government (originally sponsored by Representatives B. Sullivan, DeBolt, Simpson, Springer, Holmquist, McCune, O'Brien, Sells, Pettigrew, Ahern, Jarrett, Miloscia, Ormsby, Dunn, Priest, Roach, Dunshee, Woods, Ericks, and Hunter)


Studying the prospect of increasing affordable rental housing through accessory dwelling units.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Establishes the joint select committee on accessory dwelling units.

Requires the committee to examine ways of increasing affordable rental housing through accessory dwelling units by: (1) Reviewing accessory dwelling unit ordinances adopted by jurisdictions planning under RCW 36.70A.040;

(2) Considering policies pertaining to the siting of accessory dwelling units, including policies permitting the units to be sited on all parcels where single-family residences are allowed; and

(3) Considering policies pertaining to occupant requirements, allowable floor areas, off-street parking, processing related permits, unit registration, and applicable state and local codes.

Directs the committee to report its findings and recommendations to the appropriate committees of the legislature by December 1, 2007.
-- 2006 REGULAR SESSION --
Feb 1LG - Majority; 1st substitute bill be substituted, do pass.
Feb 3Passed to Rules Committee for second reading.

HB 2325-S

by House Committee on Local Government (originally sponsored by Representatives Simpson, Tom, B. Sullivan, Springer, Sells, Holmquist, McCune, O'Brien, Pettigrew, Ahern, DeBolt, Jarrett, Appleton, Miloscia, Ormsby, Dunn, Priest, Roach, Dunshee, Woods, Hunter, and Ericks)


Encouraging the development of affordable housing.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Encourages the development of affordable housing.

Finds that there is a large, unmet need for affordable housing in the cities and counties of Washington that is increasing every year.

Finds that many single-family residential neighborhoods were developed at an earlier time at densities less than the maximum allowable under current zoning regulations.

Finds that the growth management act requires increased densities in single-family areas, and that the rising costs of public facilities to accommodate growth coupled with insufficient revenues available for such facilities make infill housing within existing developed areas an economic necessity. The legislature concludes that allowing reasonable development of underutilized parcels of land within urban growth areas has significant potential to provide much-needed affordable ownership housing while also providing resources to existing property owners and their communities.

Declares that it is the purpose of this act to: (1) Increase the supply of affordable housing without government subsidies or the provision of additional public facilities;

(2) Encourage moderately priced for-sale housing in single-family neighborhoods and increase housing opportunities for people in a variety of life cycle stages; and

(3) Provide homeowners with an additional option for the portion of their property that is not required for the use of the existing residential unit.
-- 2006 REGULAR SESSION --
Feb 2LG - Majority; 1st substitute bill be substituted, do pass.
Feb 3Passed to Rules Committee for second reading.

HB 2333-S

by House Committee on Appropriations (originally sponsored by Representatives Green, Haler, Conway, Curtis, Fromhold, McDonald, Walsh, Strow, Sells, Campbell, Miloscia, Roach, P. Sullivan, Morrell, McDermott, Serben, Darneille, Appleton, Williams, Chase, Moeller, Hasegawa, Rodne, Linville, Santos, Springer, Wallace, Kenney, Cody, Ericksen, O'Brien, Wood, B. Sullivan, Simpson, Ericks, Ormsby, and McCune)


Providing parity for home care agency workers.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Provides that benefits, including but not limited to medical, dental, and vision, shall be provided to home care agency workers at the same rate and on the same basis as benefits negotiated for individual provider home care workers.
-- 2006 REGULAR SESSION --
Feb 4APP - Majority; 1st substitute bill be substituted, do pass.
Minority; without recommendation.
Feb 7Placed on second reading.

HB 2342-S2

by House Committee on Appropriations (originally sponsored by Representatives Moeller, Appleton, Nixon, Hunt, Curtis, Lantz, Morrell, Springer, Wallace, Fromhold, Kagi, Roberts, Cody, Ericks, Green, and Ormsby)


Establishing a health care declarations registry.


(DIGEST OF PROPOSED 2ND SUBSTITUTE)


Declares an intent to establish an electronic registry to improve access to health care decision-making documents. The registry would support, not supplant, the current systems for advance directives and mental health advance directives by improving access to these documents.

Declares an intent that the registry would be consulted by health care providers in every instance where there may be a question about the patient's wishes for periods of incapacity and the existence of a document that may clarify a patient's intentions.

Directs the department of health to establish and maintain a statewide health care declarations registry containing the health care declarations identified in this act as submitted by residents of Washington. The department shall digitally reproduce and store health care declarations in the registry. The department may establish standards for individuals to submit digitally reproduced health care declarations directly to the registry, but is not required to review the health care declarations that it receives to ensure they comply with the particular statutory requirements applicable to the document.

Provides that, by December 1, 2008, the department shall report to the house and senate committees on health care the following information: (1) Number of participants in the registry;

(2) Number of health care declarations submitted by type of declaration as defined in this act;

(3) Number of health care declarations revoked and the method of revocation;

(4) Number of providers and facilities, by type, that have been provided access to the registry;

(5) Actual costs of operation of the registry;

(6) Donations received by the department for deposit into the health care declarations registry account, created in this act by type of donor.

Declares that the establishment of a health care declarations registry does not create any new or distinct obligation for a provider to determine whether a patient has a health care declaration.

Declares that a provider is not subject to civil or criminal liability or sanctions for unprofessional conduct under the uniform disciplinary act, chapter 18.130 RCW, when in good faith and without negligence: (1) The provider provides, does not provide, withdraws, or withholds treatment to a patient in the absence of actual knowledge of the existence of a health care declaration stored in the health care declarations registry established in this act;

(2) The provider provides, does not provide, withdraws, or withholds treatment pursuant to a health care declaration stored in the health care declarations registry established in this act in the absence of actual knowledge of the revocation of the declaration;

(3) The provider provides, does not provide, withdraws, or withholds treatment according to a health care declaration stored in the health care declarations registry established in this act in good faith reliance upon the validity of the health care declaration and the declaration is subsequently found to be invalid; or

(4) The provider provides, does not provide, withdraws, or withholds treatment according to the patient's health care declaration stored in the health care declarations registry established in this act.

Provides that, except for acts of gross negligence, willful misconduct, or intentional wrongdoing, the department of health is not subject to civil liability for any claims or demands arising out of the administration or operation of the health care declarations registry established in this act.
-- 2006 REGULAR SESSION --
Feb 1APP - Majority; 2nd substitute bill be substituted, do pass.
Feb 3Passed to Rules Committee for second reading.
Feb 6Placed on second reading.
Rules Committee relieved of further consideration. Placed on second reading.
Feb 8Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 97; nays, 1; absent, 0; excused, 0.

HB 2388-S

by House Committee on Commerce & Labor (originally sponsored by Representatives Conway, Chase, Moeller, Clibborn, Kenney, Wood, Simpson, and Green; by request of Employment Security Department)


Ensuring employers do not evade their contribution rate.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Provides that, if it is found that a purpose of the transfer or acquisition of a business was to obtain a reduced array calculation factor rate, then the following applies: (1) If the successor was an employer at the time of the transfer, then the experience rating accounts of the employers involved shall be combined into a single account and the employers assigned the higher of the predecessor or successor array calculation factor rate.

(2) If the successor was not an employer at the time of the transfer, then the experience rating account of the acquired business must not be transferred and, instead, the new employer rate shall be assigned.

Provides that, if the person knowingly evading the successorship provisions, or knowingly attempting to evade these provisions, or knowingly promoting the evasion of these provisions, is not an employer, the person is subject to a civil penalty assessment of five thousand dollars per occurrence. In addition, the person is subject to the penalties prescribed in RCW 50.36.020 as if the person were an employer. The person must also pay for the employment security department's reasonable expenses of auditing his or her books and collecting the civil penalty assessment.
-- 2006 REGULAR SESSION --
Feb 2CL - Majority; 1st substitute bill be substituted, do pass.
Feb 3Passed to Rules Committee for second reading.

HB 2392-S

by House Committee on Commerce & Labor (originally sponsored by Representatives Dickerson, Appleton, Moeller, Hasegawa, Darneille, Conway, Roberts, Kenney, Kagi, Flannigan, Cody, and Green)


Modifying the family and medical leave act.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Revises provisions of the family and medical leave act.

Repeals provisions of chapter 49.78 RCW.
-- 2006 REGULAR SESSION --
Feb 2CL - Majority; 1st substitute bill be substituted, do pass.
Minority; do not pass.
Feb 3Passed to Rules Committee for second reading.

HB 2396-S

by House Committee on Education (originally sponsored by Representatives Dickerson, Williams, Appleton, Moeller, Hasegawa, Darneille, Morrell, Roberts, Kagi, Flannigan, and Upthegrove)


Convening a work group to evaluate issues relating to school security professionals.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Provides that the work group shall evaluate and make recommendations to the legislature regarding, at least the following: (1) A model policy regarding the duties and roles of school security professionals within the educational environment, including the use of force by such professionals, that provides necessary flexibility for schools with different needs and differing demographic, geographic, cultural, and other characteristics;

(2) What minimum skills and abilities a school security professional should possess to effectively perform the essential job functions of such a position, and what minimum training should be required of school security professionals;

(3) Whether benefit would be gained by developing a school security license or licenses and, if so, what the minimum requirements for such licensure should be;

(4) Whether a limited law enforcement commission for school security professionals should be developed and, if so, what the essential job functions of and qualifications for such a commission should be; and

(5) A model policy regarding supervision of school security professionals.

Directs the work group to submit to appropriate committees of the legislature a final report and recommendations regarding the topics in this act by November 15, 2006.
-- 2006 REGULAR SESSION --
Feb 1ED - Majority; 1st substitute bill be substituted, do pass.
Minority; without recommendation.
Feb 3Passed to Rules Committee for second reading.

HB 2422-S2

by House Committee on Appropriations (originally sponsored by Representatives B. Sullivan, Chase, and Conway)


Providing funding for state and local parks.


(DIGEST OF PROPOSED 2ND SUBSTITUTE)


Finds that the state parks and recreation commission has identified over three hundred million dollars in projects to eliminate the backlog of deferred maintenance projects, improve state park facilities, and provide new investments to implement the state park's centennial 2013 plan.

Finds that significant investments in state parks facilities are necessary to protect public health and safety, reduce current operating and maintenance costs, improve basic park services, and protect valuable cultural and natural resources.

Finds that revenues to the youth athletic facilities account to fund local parks projects have not materialized. Therefore, the legislature finds that new revenue sources are needed to support state and local parks for the benefit of all Washington citizens.

Creates the state parks centennial account in the state treasury. All receipts directed to the account from RCW 82.45.060 must be deposited in the account. Expenditures from the account require an appropriation and may be made only for implementation of the state parks' 2013 centennial plan and for capital improvements of the state parks system.

Requires the transfer of at least $500,000 per year from the stadium and exhibition center account to the youth athletic facilities account.
-- 2006 REGULAR SESSION --
Feb 4APP - Majority; 2nd substitute bill be substituted, do pass.
Minority; do not pass.
Feb 7Passed to Rules Committee for second reading.

HB 2443-S

by House Committee on Commerce & Labor (originally sponsored by Representatives Hudgins, Hasegawa, and McDermott)


Requiring consumer reports procured for employment to be transmitted to the consumer.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Requires consumer reports procured for employment to be transmitted to the consumer.

Provides that if the consumer requests a copy of the consumer report, the person must furnish the consumer report to the consumer to whom the consumer report relates within a reasonable time and less than one week after receipt.
-- 2006 REGULAR SESSION --
Feb 2CL - Majority; 1st substitute bill be substituted, do pass.
Minority; do not pass.
Feb 3Passed to Rules Committee for second reading.

HB 2462-S2

by House Committee on Appropriations (originally sponsored by Representatives Moeller, Wallace, and Roberts)


Establishing work groups to periodically review and update the child support schedule.


(DIGEST OF PROPOSED 2ND SUBSTITUTE)


Finds that federal law requires the states to periodically review and update their child support schedule. Accurate and consistent reporting of the terms of child support orders entered by the courts or administrative agencies in Washington state is necessary in order to accomplish a review of the child support schedule. In addition, a process for review of the schedule should be established to ensure the integrity of any reviews undertaken to comply with federal law.

Provides that, beginning in 2010 and every four years thereafter, the division of child support shall convene a work group to review the child support guidelines and the child support review report prepared under this act and determine if the application of the child support guidelines results in appropriate support orders.

Provides that, by October 1, 2010, and every four years thereafter, the work group shall report its findings and recommendations to the legislature, including recommendations for legislative action, if necessary.

Requires that, beginning in 2010 and every four years thereafter, the joint legislative audit and review committee subject to the committee's approval, or other entity designated by the legislature, shall: (1) Review and analyze data collected from the order summary report, the recommendations of the previous child support work group, the current child support guidelines, and other relevant research and data regarding the cost of child rearing, as well as research and data on the application of, and deviations from, the child support guidelines in order to perform the required quadrennial review of the Washington state child support guidelines under RCW 26.19.025; and

(2) Prepare a report to the legislature no later than July 1, 2010, and every four years thereafter, on the application of the current child support guidelines, and on the recommendations of the prior work group.

Provides that, by April 1, 2006, the division of child support shall convene a work group to examine the current laws, administrative rules, and practices regarding child support.

Declares the objective of the work group shall be to continue the work of the 2005 child support guidelines work group, and produce findings and recommendations to the legislature, including recommendations for legislative action, by December 1, 2006.
-- 2006 REGULAR SESSION --
Feb 3APP - Majority; 2nd substitute bill be substituted, do pass.
Feb 7Passed to Rules Committee for second reading.

HB 2537-S

by House Committee on Commerce & Labor (originally sponsored by Representatives Conway, Condotta, McCoy, Hudgins, and B. Sullivan; by request of Department of Labor & Industries)


Establishing a pilot program to allow employers to assist employees in completing applications for industrial insurance benefits.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Provides that by January 1, 2007, the department shall develop and begin a pilot program to allow employers to assist workers in completing an application for benefits . This pilot program does not replace the current method for reporting as provided in RCW 51.28.020.

Directs the department to develop requirements or rules for employers who participate in the pilot program, including provisions to ensure prompt reporting of the claim and communicating a worker's rights and responsibilities under the pilot program. The pilot program shall include the voluntary participation of employers that represent a cross-section of industries, geographic areas, union and nonunion workers, large and small businesses, and other criteria established by the department with input of business and labor leaders.

Provides that, during the pilot period, the department shall consider steps to address the unique needs and issues of small employers.

Declares that the number of participating employers must not be more than five hundred during the first year of the pilot program. This number may be increased to seven hundred fifty during the second year of the pilot program.

Provides that the pilot program expires July 1, 2009.
-- 2006 REGULAR SESSION --
Feb 2CL - Majority; 1st substitute bill be substituted, do pass.
Feb 3Passed to Rules Committee for second reading.

HB 2572-S2

by House Committee on Appropriations (originally sponsored by Representatives Morrell, Clibborn, Green, Flannigan, Eickmeyer, Conway, Dickerson, Blake, Cody, Wallace, Roberts, Appleton, Hasegawa, McCoy, Linville, Simpson, Chase, Darneille, O'Brien, Murray, B. Sullivan, Ormsby, Springer, Moeller, and Kagi)


Establishing the small employer health insurance partnership program.


(DIGEST OF PROPOSED 2ND SUBSTITUTE)


Declares an intent through establishment of a small employer health insurance partnership program, to remove economic barriers to health insurance coverage for low-wage employees of small employers by building on the private sector health benefit plan system and encouraging employer and employee participation in employer-sponsored health benefit plan coverage.

Provides that, to the extent funding is appropriated in the operating budget for this purpose, the small employer health insurance partnership program is established.

Provides that, beginning July 1, 2007, the administrator shall accept applications from eligible employees, on behalf of themselves, their spouses, and their dependent children, to receive premium subsidies through the small employer health insurance partnership program.

Requires the administrator to report biennially to the relevant policy and fiscal committees of the legislature on the effectiveness and efficiency of the small employer health insurance partnership program, including the services and benefits covered under the purchased health benefit plans, consumer satisfaction, and other program operational issues.

Requires the department of social and health services to submit a request to the federal department of health and human services by October 1, 2006, for a state children's health insurance program section 1115 demonstration waiver. The waiver request shall seek authorization from the federal government to draw down Washington state's unspent state children's health insurance program allotment to finance basic health plan coverage, as provided in chapter 70.47 RCW, for parents of children enrolled in medical assistance or the state children's health insurance program. The waiver also shall seek authorization from the federal government to utilize the resulting state savings to finance expanded basic health plan enrollment, or subsidies provided to low-wage workers through the small employer health insurance partnership program established in this act.
-- 2006 REGULAR SESSION --
Feb 4APP - Majority; 2nd substitute bill be substituted, do pass.
Minority; do not pass.
Feb 7Placed on second reading.

HB 2575-S2

by House Committee on Appropriations (originally sponsored by Representatives Cody, Morrell, and Moeller; by request of Governor Gregoire)


Establishing a health technology assessment program.


(DIGEST OF PROPOSED 2ND SUBSTITUTE)


Declares an intent to support the establishment by the state of an evidence-based health technology assessment program that: (1) Conducts systematic reviews of scientific and medical literature to identify safe, efficacious, and cost-effective treatments;

(2) Provides for the establishment of a statewide health technology clinical committee;

(3) Develops methods and processes to track the application of evidence-based practice and health outcomes across state agencies;

(4) Provides clear and transparent access to the scientific basis of coverage decisions and treatment guidelines developed under this program; and

(5) To the extent possible, collaborates with other states in the development and implementation of the program.

Requires each state agency administering a state purchased health care program to, in cooperation with other such agencies, take action to prevent the application of health technologies where scientific and medical evidence suggests little or no benefit or possible harm, and to enhance the use of health technologies in circumstances where evidence suggests substantial benefits. To accomplish this purpose, the agencies shall establish an evidence-based health technology assessment program.

Directs the administrator of the health care authority, in consultation with the participating agencies and their medical directors, to establish a health technology clinical committee.

Requires the health technology clinical committee to review the results of the systematic assessments of health technologies conducted by an evidence-based health technology assessment center. The committee must use medical and scientific evidence in an open and transparent process that evaluates the efficacy of health technologies, considering safety, efficacy, likelihood of compliance, outcomes, and any unique impacts on specific populations based upon factors such as sex, age, ethnicity, race, or disability. The review process shall include an opportunity for public comment.

Provides that, for each health technology reviewed, the committee shall develop recommendations related to whether the health technology should be covered by state purchased health care programs, and if covered, any coverage criteria that should be used to assist in determining the appropriate application of medical necessity or proper and necessary decisions. Committee recommendations are binding on the agencies, unless the recommendations are contrary to applicable federal statute, regulation, or case law, or state statute or case law, or the agencies provide written findings that include a detailed explanation of the reason for rejecting the recommendation.
-- 2006 REGULAR SESSION --
Feb 4APP - Majority; 2nd substitute bill be substituted, do pass.
Minority; do not pass.
Feb 7Placed on second reading.

HB 2586-S

by House Committee on Natural Resources, Ecology & Parks (originally sponsored by Representatives Blake, Buck, Williams, Chase, Buri, McCoy, Morris, Flannigan, Eickmeyer, B. Sullivan, and Kessler)


Modifying definitions of charter licenses.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Declares that "charter boat" also means a vessel from which persons may, for a fee, fish for food fish or shellfish for personal use in offshore waters.

Provides that a person may not operate a vessel from which persons may, for a fee, fish for food fish or shellfish in Puget Sound, Grays Harbor, Willapa Bay, Pacific Ocean waters, Lake Washington, or the Columbia river below the bridge at Longview unless the vessel is designated on a charter boat license.

Provides that a charter boat licensed in Oregon may fish without a Washington charter license under the same rules as Washington charter boat operators in ocean waters within the jurisdiction of Washington state from the southern border of the state of Washington to Leadbetter Point, as long as the Oregon vessel does not take on or discharge passengers for any purpose from the Washington shore. The provisions of this act shall be in effect as long as the state of Oregon has reciprocal laws and regulations.
-- 2006 REGULAR SESSION --
Feb 2NREP - Majority; 1st substitute bill be substituted, do pass.
Feb 3Passed to Rules Committee for second reading.

HB 2593-S2

by House Committee on Appropriations (originally sponsored by Representatives Appleton, B. Sullivan, Jarrett, Morris, Hankins, Chase, McIntire, Dickerson, McCoy, Conway, Green, Darneille, Schual-Berke, Lovick, Pettigrew, Sommers, Ericks, Lantz, Hasegawa, Morrell, Kenney, Haler, Springer, Roberts, P. Sullivan, Strow, Miloscia, Wallace, Cody, Sells, Moeller, Dunshee, Williams, O'Brien, McDermott, Kessler, Woods, Kilmer, Eickmeyer, Hunt, Flannigan, Takko, Nixon, Rodne, Simpson, Linville, and Kagi; by request of Department of Ecology)


Changing provisions relating to oil spill prevention, preparedness, and response.


(DIGEST OF PROPOSED 2ND SUBSTITUTE)


Provides that the department's rules authorized under RCW 88.46.160 and this act shall be scaled to the risk posed to people and to the environment, and be categorized by type of transfer, volume of oil, frequency of transfers, and such other risk factors as identified by the department.

Provides that the rules may require prior notice be provided before an oil transfer, regulated under chapter 88.46 RCW, occurs in situations defined by the department as posing a higher risk. The notice may include the time, location, and volume of the oil transfer. Unless oil transfers are scheduled in advance four hours or more, marine fuel outlets transferring less than three thousand gallons of oil in a single transaction to a ship that is not a covered vessel shall not be required to notify the department before the oil transfer.

Provides that the department may require semiannual reporting of volumes of oil transferred to ships by a marine fuel outlet.

Provides that the rules may require additional measures to be taken in conjunction with the deployment of containment equipment or with the alternatives to deploying containment equipment.

Requires the rules to include regulations to enhance the safety of oil transfers over water originating from vehicles transporting oil over private roads or highways of the state.

Requires that the department shall by rule adopt procedures to determine the adequacy of contingency plans approved under RCW 88.46.060. The rules shall require random practice drills without prior notice that will test the adequacy of the responding entities. The rules may provide for unannounced practice drills of individual contingency plans. The department shall review and publish a report on the drills, including an assessment of response time and available equipment and personnel compared to those listed in the contingency plans relying on the responding entities, and requirements, if any, for changes in the plans or their implementation. The department may require additional drills and changes in arrangements for implementing approved plans which are necessary to ensure their effective implementation.
-- 2006 REGULAR SESSION --
Feb 4APP - Majority; 2nd substitute bill be substituted, do pass.
Feb 7Passed to Rules Committee for second reading.

HB 2635-S

by House Committee on Education (originally sponsored by Representatives Haigh, Talcott, Appleton, P. Sullivan, Hunt, B. Sullivan, Ormsby, Cox, Quall, Nixon, Moeller, Newhouse, Hudgins, Upthegrove, Wallace, Green, Strow, Lantz, Kilmer, Hunter, Linville, Santos, Clements, McDermott, Fromhold, Tom, Kenney, O'Brien, Murray, Simpson, Conway, McIntire, Bailey, Hasegawa, Morrell, Ericks, and Springer)


Authorizing optional full-day kindergarten.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Provides that, beginning with the 2008-09 school year, a school district may offer either full-day or half-day kindergarten in one or more schools as part of basic education. To ensure that the superintendent of public instruction has sufficient time to allocate funds, the office of the superintendent of public instruction shall adopt deadlines for a school district to notify the agency that the district intends to operate a full-day kindergarten program in one or more schools.
-- 2006 REGULAR SESSION --
Feb 1ED - Majority; 1st substitute bill be substituted, do pass.
Minority; without recommendation.
Feb 3Referred to Appropriations.

HB 2645-S2

by House Committee on Finance (originally sponsored by Representatives Kilmer, Crouse, P. Sullivan, Morris, and Dunn; by request of Department of Community, Trade, and Economic Development)


Providing a limited public utility tax credit for gas distribution businesses.


(DIGEST OF PROPOSED 2ND SUBSTITUTE)


Finds that: (1) Rising costs of natural gas are creating an economic hardship for Washington's small business and food processing industries.

(2) Natural gas costs are unlikely to return to historically low levels of a few years ago making investments in energy efficiency increasingly important.

(3) Washington investor-owned and consumer-owned natural gas utilities are uniquely well positioned to help small business and food processors improve the efficiency of natural gas use and reduce current and long-term energy costs.

(4) The state of Washington can assist gas utility energy efficiency efforts by providing small public utility tax credits for installation of high-efficiency equipment and processes that might not otherwise occur.
-- 2006 REGULAR SESSION --
Feb 1FIN - Majority; 2nd substitute bill be substituted, do pass.
Feb 7Passed to Rules Committee for second reading.

HB 2668-S

by House Committee on Commerce & Labor (originally sponsored by Representatives Hudgins, Lovick, Crouse, Upthegrove, B. Sullivan, and Sump)


Modifying provisions regulating certain professional athletic events.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Revises provisions regulating certain professional athletic events.

Provides that all appointed judges, referees, timekeepers, event physicians, and inspectors are immune from suit in a civil action based on any unintended act or omission, not amounting to gross negligence, performed in the course of their official duties under chapter 67.08 RCW.
-- 2006 REGULAR SESSION --
Feb 1CL - Majority; 1st substitute bill be substituted, do pass.
Feb 3Passed to Rules Committee for second reading.

HB 2684-S

by House Committee on Appropriations (originally sponsored by Representatives Fromhold, Bailey, Conway, Lovick, Green, Sells, Kenney, Quall, Simpson, Moeller, and Morrell; by request of Select Committee on Pension Policy)


Allowing vesting after five years of service in the defined benefit portion of the public employees' retirement system, the school employees' retirement system, and the teachers' retirement system plan 3.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Allows vesting after five years of service in the defined benefit portion of the public employees' retirement system, the school employees' retirement system, and the teachers' retirement system plan 3.
-- 2006 REGULAR SESSION --
Feb 4APP - Majority; 1st substitute bill be substituted, do pass.
Feb 7Passed to Rules Committee for second reading.

HB 2697-S

by House Committee on Commerce & Labor (originally sponsored by Representatives Hudgins, Conway, McCoy, Kenney, Simpson, and Roberts; by request of Employment Security Department)


Improving unemployment insurance collection and penalty tools.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Provides that if an employer fails to file a timely report as required by RCW 50.12.070, or the rules adopted pursuant thereto, the employer is subject to a penalty of twenty-five dollars per violation, unless the penalty is waived by the commissioner.

Provides that an employer who files an incomplete or incorrectly formatted tax and wage report as required by RCW 50.12.070 shall receive a warning letter for the first occurrence. For subsequent occurrences, the employer is subject to a penalty as follows: When no contributions are due, for the second occurrence the employer is subject to a seventy-five dollar penalty, for the third occurrence the employer is subject to a one hundred fifty dollar penalty, and for the fourth occurrence and for each occurrence thereafter, a penalty of two hundred fifty dollars will be assessed.

Provides that an employer who files an incomplete or incorrectly formatted tax and wage report as required by RCW 50.12.070 more than five times within any five consecutive calendar years is subject to a penalty as provided in this act if the commissioner finds that the filing of the incomplete or incorrectly formatted report was willful. In such a case, the penalty shall be five hundred dollars for the sixth occurrence. The penalty for each subsequent occurrence found to be willful within that period shall be twice the penalty incurred for the immediately preceding occurrence.
-- 2006 REGULAR SESSION --
Feb 2CL - Majority; 1st substitute bill be substituted, do pass.
Minority; do not pass.
Feb 3Passed to Rules Committee for second reading.

HB 2706-S

by House Committee on Education (originally sponsored by Representatives Hunter, Sommers, Tom, Anderson, Talcott, Quall, McIntire, Dunn, Green, Kenney, and Lantz)


Regarding a more rigorous curriculum for high school graduation.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Finds that, although students are being expected to meet higher academic standards as defined by the essential academic learning requirements, there is still a gap between what is required for high school graduation and the knowledge and skills students need to be successful in college or work. This gap is particularly noticeable in mathematics. To make progress in assuring that a high school diploma reflects adequate preparation for the intellectual demands of adult life, the legislature intends to phase in a more rigorous mathematics requirement for high school graduation.

Provides that, beginning with the class of students entering ninth grade in the 2008-09 school year, minimum high school graduation requirements shall include the equivalent of three credits of mathematics, including at least algebra I and geometry or their equivalents. Beginning with the class of students entering ninth grade in the 2010-11 school year, minimum high school graduation requirements shall include the equivalent of four credits of mathematics, including at least algebra II and geometry or their equivalents plus a higher-level mathematics course designed to prepare students for postsecondary studies so they can avoid remedial college mathematics.
-- 2006 REGULAR SESSION --
Feb 2ED - Majority; 1st substitute bill be substituted, do pass.
Minority; do not pass.
Feb 3Passed to Rules Committee for second reading.
Feb 7Placed on second reading.

HB 3190-S

by House Committee on Technology, Energy & Communications (originally sponsored by Representatives Wallace, Fromhold, Curtis, Orcutt, Moeller, and Dunn)


Providing tax incentives to support the semiconductor cluster in Washington state.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Provides tax incentives to support the semiconductor cluster in the state.
-- 2006 REGULAR SESSION --
Feb 2TEC - Majority; 1st substitute bill be substituted, do pass.
Feb 3Referred to Finance.
Feb 6FIN - Executive action taken by committee.
FIN - Majority; do pass.
Feb 7Passed to Rules Committee for second reading.

HB 3193-S

by House Committee on Technology, Energy & Communications (originally sponsored by Representatives Morris and Anderson)


Concerning taxation of oil and gas resources.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Provides that the royalty for each lease entered into under chapter 79.14 RCW must be established by the commissioner of public lands and represent at least five percent, but no more than thirty percent of the gross production of all oil, gas, or other hydrocarbons produced and saved from the lands covered by a lease issued under this act.

Requires that in determining the royalty for leases under this act, the commissioner must consider the remaining income to the owner after all costs are considered, including normal risk and a fair rate of return. The royalty adopted by the commissioner should ensure that the state of Washington receives a fair share of the revenue from oil and gas resources, while allowing the owner to maintain a large enough share of the production to allow the owner to receive a reasonable return on the investment.

Requires the department to deposit amounts collected by it under this act to the energy freedom account created in chapter . . . (Second Substitute House Bill No. 2393), Laws of 2006, or if chapter . . . (Second Substitute House Bill No. 2393), Laws of 2006 is not enacted during the 2006 regular session, the money must be distributed to the state general fund.
-- 2006 REGULAR SESSION --
Feb 2TEC - Majority; 1st substitute bill be substituted, do pass.
Feb 3Referred to Finance.

HB 3208-S

by House Committee on Technology, Energy & Communications (originally sponsored by Representatives P. Sullivan, Simpson, Wallace, and Ericks)


Prohibiting the unauthorized sale of telephone records.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Declares that a person is guilty of the unauthorized sale or procurement of telephone records if the person: (1) Intentionally sells the telephone record of any resident of this state without the authorization of the customer to whom the record pertains;

(2) By fraudulent, deceptive, or false means obtains the telephone record of any resident of this state to whom the record pertains;

(3) Knowingly purchases the telephone record of any resident of this state without the authorization of the customer to whom the record pertains; or

(4) Knowingly receives the telephone record of any resident of this state without the authorization of the customer to whom the record pertains.

Does not apply to: (1) Any action by a government agency, or any officer, employee, or agent of such agency, to obtain telephone records in connection with the performance of the official duties of the agency;

(2) A telecommunications company that obtains, uses, discloses, or permits access to any telephone record, either directly or indirectly through its agents, that is: (a) With the lawful consent of the customer or subscriber; (b) authorized by law; or (c) necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services.

Establishes criminal penalties for violations of this act.
-- 2006 REGULAR SESSION --
Feb 2TEC - Majority; 1st substitute bill be substituted, do pass.
Feb 3Passed to Rules Committee for second reading.


Senate Bills

SB 6213-S

by Senate Committee on Labor, Commerce, Research & Development (originally sponsored by Senators Regala, Franklin, Kline, and Kohl-Welles)


Providing a religious exemption to the clean indoor air act.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Declares that a public place does not include a private residence, or the specific location where religious ceremonies are conducted when smoking is part of the ritual.

Declares that the specific location where religious ceremonies are conducted when smoking is part of the ritual is not a place of employment.
-- 2006 REGULAR SESSION --
Feb 3LCRD - Majority; 1st substitute bill be substituted, do pass.
Passed to Rules Committee for second reading.

SB 6222-S

by Senate Committee on Judiciary (originally sponsored by Senators Rockefeller, Rasmussen, and McAuliffe)


Making assault of a teacher or school district employee on school premises a class C felony.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Applies to a person who, with intent to cause bodily harm, assaults a teacher or other employee of a school district, on school premises or in an area or facility being used by the school.
-- 2006 REGULAR SESSION --
Feb 3JUD - Majority; 1st substitute bill be substituted, do pass.
Passed to Rules Committee for second reading.

SB 6225-S

by Senate Committee on Labor, Commerce, Research & Development (originally sponsored by Senators Rasmussen, Honeyford, Haugen, Morton, Hewitt, Rockefeller, Pflug, Parlette, Shin, and Oke)


Regulating the business of installing, repairing, and maintaining domestic water pumping systems.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Provides regulations for the installation, repair, and maintenance of domestic well water systems.
-- 2006 REGULAR SESSION --
Feb 3LCRD - Majority; 1st substitute bill be substituted, do pass.
Passed to Rules Committee for second reading.
Feb 7Placed on second reading by Rules Committee.

SB 6239-S

by Senate Committee on Human Services & Corrections (originally sponsored by Senators Hargrove, Johnson, Doumit, Oke, Stevens, and Esser; by request of Attorney General)


Changing provisions relating to controlled substances.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Revises provisions relating to controlled substances.
-- 2006 REGULAR SESSION --
Feb 3HSC - Majority; 1st substitute bill be substituted, do pass.
And refer to Ways & Means.
Referred to Ways & Means.
Feb 7WM - Majority; 2nd substitute bill be substituted, do pass.
Passed to Rules Committee for second reading.

SB 6301-S

by Senate Committee on Labor, Commerce, Research & Development (originally sponsored by Senators Prentice, Deccio, Fairley, Delvin, Kohl-Welles, Kline, Rockefeller, Keiser, McAuliffe, Rasmussen, Franklin, Zarelli, Thibaudeau, Parlette, Spanel, Honeyford, Regala, Carrell, Oke, and Shin)


Concerning concurrence communications from the governor to the secretary of the interior.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Provides that no concurrence communication from the governor to the United States secretary of the interior regarding gaming on lands acquired by the secretary in trust for the benefit of an Indian tribe after October 17, 1988, in any federal proceeding requiring the governor to concur in the secretary's determination as to those lands shall be made unless specifically authorized by a sixty percent vote of both houses of the legislature.
-- 2006 REGULAR SESSION --
Feb 3LCRD - Majority; 1st substitute bill be substituted, do pass.
Passed to Rules Committee for second reading.

SB 6315-S

by Senate Committee on Human Services & Corrections (originally sponsored by Senators Carrell, Benton, Roach, Mulliken, Oke, Schoesler, Schmidt, Regala, Delvin, Stevens, Benson, Sheldon, and Esser)


Providing liability protection for landlords.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Provides that a landlord who rents to a registered sex offender is immune from civil liability for damages caused by the tenant.
-- 2006 REGULAR SESSION --
Feb 3HSC - Majority; 1st substitute bill be substituted, do pass.
Passed to Rules Committee for second reading.
Feb 8Placed on second reading by Rules Committee.

SB 6319-S

by Senate Committee on Human Services & Corrections (originally sponsored by Senators Regala, Brandland, Stevens, Kline, Weinstein, Doumit, Carrell, Keiser, Rockefeller, Berkey, Haugen, Fairley, Spanel, Pflug, Sheldon, Rasmussen, McAuliffe, Shin, Roach, and Benton)


Changing provisions for sex offender registration.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Revises provisions for sex offender registration.
-- 2006 REGULAR SESSION --
Feb 3HSC - Majority; 1st substitute bill be substituted, do pass.
And refer to Ways & Means.
Referred to Ways & Means.
Feb 7WM - Majority; 2nd substitute bill be substituted, do pass.
Passed to Rules Committee for second reading.
Feb 8Placed on second reading by Rules Committee.

SB 6320-S

by Senate Committee on Human Services & Corrections (originally sponsored by Senators Regala, Brandland, Franklin, Doumit, Rasmussen, Carrell, Haugen, Pridemore, Kline, Stevens, Keiser, Berkey, Thibaudeau, Jacobsen, Pflug, Sheldon, Kohl-Welles, McAuliffe, Roach, and Benton)


Revising the model policy for disclosure of sex offender information.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Requires the model policy to provide guidelines for sex offender registration, community notification, and strategies for sex offender management.

Requires the sex offender model policy work group, once convened, to first conduct a series of community meetings around the state to assess the practices and needs of communities, identify best practices on sex offender registration, community notification, and strategies for sex offender management. Once the sex offender model policy work group has received input from stakeholders on a final draft of the model policy, the policy shall be presented to the Washington association of sheriffs and police chiefs for adoption or rejection.

Provides that the act shall be null and void if appropriations are not approved.
-- 2006 REGULAR SESSION --
Feb 3HSC - Majority; 1st substitute bill be substituted, do pass.
Passed to Rules Committee for second reading.
Feb 8Placed on second reading by Rules Committee.

SB 6322-S

by Senate Committee on Human Services & Corrections (originally sponsored by Senators Regala, Brandland, Kohl-Welles, Carrell, Kastama, Stevens, Keiser, Doumit, Rockefeller, Kline, Rasmussen, Berkey, Haugen, Shin, Jacobsen, McAuliffe, Pflug, Sheldon, Roach, and Benton)


Relating to electronic monitoring of sex offenders.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Provides that the department shall, within available resources, carry out any electronic monitoring imposed under this act using the most appropriate technology given the individual circumstances of the offender. As used in this act, "electronic monitoring" means the monitoring of an offender using an electronic offender tracking system including, but not limited to, a system using radio frequency or active or passive global positioning system technology.

Provides that local governments, their subdivisions and employees, the department and its employees, and the Washington association of sheriffs and police chiefs and its employees shall be immune from civil liability for damages arising from incidents involving offenders who are placed on electronic monitoring, unless it is shown that an employee acted with gross negligence or bad faith.
-- 2006 REGULAR SESSION --
Feb 3HSC - Majority; 1st substitute bill be substituted, do pass.
Passed to Rules Committee for second reading.
Feb 8Placed on second reading by Rules Committee.

SB 6325-S

by Senate Committee on Human Services & Corrections (originally sponsored by Senators Regala, Kline, Fairley, Stevens, Rasmussen, and McAuliffe)


Establishing residence restrictions for sex offenders.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Declares that sections 1 through 3 and 5 of chapter 436, Laws of 2005, supersede and preempt all rules, regulations, codes, statutes, or ordinances of all cities, counties, municipalities, and local agencies regarding the same subject matter.

Repeals 2005 c 436 s 4 (uncodified), and 2005 c 436 s 6 (uncodified).
-- 2006 REGULAR SESSION --
Feb 3HSC - Majority; 1st substitute bill be substituted, do pass.
Passed to Rules Committee for second reading.
Feb 8Placed on second reading by Rules Committee.

SB 6367-S

by Senate Committee on Government Operations & Elections (originally sponsored by Senators Haugen, Jacobsen, and Berkey)


Requiring voluntary measures be included in critical area development regulations.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Finds that voluntary activities can be invaluable toward achieving the overall goal of protecting and enhancing the environment and that such activities should be given recognition as highly valued endeavors.

Finds that better enabling citizens to undertake voluntary activities can in many circumstances be more advantageous and with fewer unintended negative consequences than adopting prescriptive rules affecting existing and nonconforming uses of land.

Declares the purpose of this act is to encourage counties and cities to expand the availability and use of nonregulatory measures for existing and nonconforming uses as a component of ordinances under RCW 36.70A.130 adopted after the effective date of this act and to encourage an increase in the information and resources to the public to foster voluntary activities by citizens to improve their environment.
-- 2006 REGULAR SESSION --
Feb 3GO - Majority; 1st substitute bill be substituted, do pass.
Passed to Rules Committee for second reading.
Feb 7Made eligible to be placed on second reading.

SB 6372-S

by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Keiser, Deccio, Spanel, Zarelli, Pflug, Kline, Kohl-Welles, and Rasmussen)


Regarding adjustment of boarding home rates.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Provides that, when a person, upon admission to a boarding home, has been determined to be eligible for medicaid funded boarding home care and the boarding home subsequently submits a request to the department for a change in condition reassessment, the boarding home shall receive payment from the department beginning on whichever date is later: (1) The date that the boarding home requested a department reassessment; or

(2) The date on which the boarding home begins to provide the care and services necessary to meet the resident's change in condition.

Provides that if a person becomes financially eligible for medicaid after admission to the boarding home and the boarding home has a medicaid contract with the department under chapter 74.39A RCW, the boarding home shall receive payment from the department beginning on whichever of the following dates is later: (1) The date of the request for assessment or financial application, whichever is earlier; or

(2) The date the person is determined to have been financially eligible.
-- 2006 REGULAR SESSION --
Feb 3HEA - Majority; 1st substitute bill be substituted, do pass.
Minority; without recommendation.
And refer to Ways & Means.
Referred to Ways & Means.

SB 6378-S

by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Shin, Schoesler, Berkey, Brandland, Keiser, Fairley, McAuliffe, and Delvin)


Licensing persons offering athletic training services.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Declares it is the purpose of this act to provide for the licensure of persons offering athletic training services to the public and to ensure standards of competence and professional conduct on the part of athletic trainers.

Provides that it is unlawful for any person to practice or offer to practice as an athletic trainer, or to represent themselves or other persons to be legally able to provide services as an athletic trainer, unless the person is licensed under the provisions of this act.
-- 2006 REGULAR SESSION --
Feb 3HEA - Majority; 1st substitute bill be substituted, do pass.
Minority; without recommendation.
Passed to Rules Committee for second reading.

SB 6401-S

by Senate Committee on Natural Resources, Ocean & Recreation (originally sponsored by Senators Doumit, Jacobsen, Schoesler, Regala, Morton, and Honeyford)


Modifying definitions of charter licenses.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Declares that "charter boat" also means a vessel from which persons may, for a fee, fish for food fish or shellfish for personal use in offshore waters.

Provides that a person may not operate a vessel from which persons may, for a fee, fish for food fish or shellfish in Puget Sound, Grays Harbor, Willapa Bay, Pacific Ocean waters, Lake Washington, or the Columbia river below the bridge at Longview unless the vessel is designated on a charter boat license.

Provides that a charter boat licensed in Oregon may fish without a Washington charter license under the same rules as Washington charter boat operators in ocean waters within the jurisdiction of Washington state from the southern border of the state of Washington to Leadbetter Point, as long as the Oregon vessel does not take on or discharge passengers for any purpose from the Washington shore. The provisions of this provision shall be in effect as long as the state of Oregon has reciprocal laws and regulations.
-- 2006 REGULAR SESSION --
Feb 3NROR - Majority; 1st substitute bill be substituted, do pass.
Passed to Rules Committee for second reading.
Feb 7Made eligible to be placed on second reading.

SB 6402-S

by Senate Committee on Natural Resources, Ocean & Recreation (originally sponsored by Senators Doumit, Oke, Jacobsen, Regala, Spanel, and Shin)


Creating the Columbia river safety and coastal crab mitigation work group.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Requires the work group to evaluate the safety risks from wave amplification and the impacts to the coastal crab resource of the state from the Columbia river channel improvement project, including annual maintenance at the mouth of the Columbia river and all ocean and in-river disposal activity. The work group shall adopt recommendations for measures that would help to avoid, minimize, or compensate for such risks and impacts, and shall provide these recommendations to the appropriate committees of the senate and house of representatives by December 31, 2006.

Directs the work group to attempt to work cooperatively with the United States army corps of engineers as it carries out its duties under this act. The work group shall attempt to work with the corps of engineers and Washington state's congressional delegation in order to address the risks and impacts from the Columbia river channel improvement project identified under this act and to implement the work group's recommendations.

Expires June 30, 2007.
-- 2006 REGULAR SESSION --
Feb 3NROR - Majority; 1st substitute bill be substituted, do pass.
Passed to Rules Committee for second reading.

SB 6406-S

by Senate Committee on Human Services & Corrections (originally sponsored by Senators Hargrove, Stevens, Doumit, McAuliffe, Regala, Rasmussen, Benton, and Oke; by request of Attorney General)


Including assault of a child in the second degree in the list of two-strike offenses.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Includes assault of a child in the second degree in the list of two-strike offenses.
-- 2006 REGULAR SESSION --
Feb 3HSC - Majority; 1st substitute bill be substituted, do pass.
Passed to Rules Committee for second reading.
Feb 8Placed on second reading by Rules Committee.

SB 6409-S

by Senate Committee on Human Services & Corrections (originally sponsored by Senators Hargrove, Stevens, Doumit, McAuliffe, Regala, Rasmussen, and Oke; by request of Attorney General)


Revising provisions relating to sex offender sentencing and disposition alternatives.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Provides that an offender pleading guilty must voluntarily admit to the commission of all the elements of the crime of conviction. An offender who enters an Alford plea on a sex offense shall not be eligible for the special sex offender sentencing alternative.
-- 2006 REGULAR SESSION --
Feb 3HSC - Majority; 1st substitute bill be substituted, do pass.
Passed to Rules Committee for second reading.
Feb 8Placed on second reading by Rules Committee.

SB 6427-S

by Senate Committee on Government Operations & Elections (originally sponsored by Senators Kastama, Mulliken, Morton, and Rasmussen; by request of Department of Community, Trade, and Economic Development)


Concerning schedules for the review of comprehensive plans and development regulations.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Finds there is a statewide interest in maintaining coordinated planning as called for in the legislative findings of the growth management act, RCW 36.70A.010. It is the intent of the legislature that smaller, slower-growing counties and cities be provided with flexibility in meeting the requirements to review local plans and development regulations in RCW 36.70A.130, while ensuring coordination and consistency with the plans of neighboring cities and counties.
-- 2006 REGULAR SESSION --
Feb 3GO - Majority; 1st substitute bill be substituted, do pass.
Minority; do not pass.
Minority; without recommendation.
Passed to Rules Committee for second reading.

SB 6460-S

by Senate Committee on Human Services & Corrections (originally sponsored by Senators Hargrove, Stevens, McCaslin, McAuliffe, Keiser, Rasmussen, Benton, Roach, and Oke; by request of Attorney General)


Increasing penalties for crimes committed with sexual motivation.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Provides that if an offender committed the offense with sexual motivation and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW, the following additional times shall be added to the standard sentence range determined under this act based on the felony crime of conviction as classified under RCW 9A.28.020: (1) Two years for any felony defined under the law as a class A felony or with a statutory maximum sentence of at least twenty years, or both;

(2) Eighteen months for any felony defined under any law as a class B felony or with a statutory maximum sentence of ten years, or both;

(3) One year for any felony defined under any law as a class C felony or with a statutory maximum sentence of five years, or both;

(4) If the offender is being sentenced for any sexual motivation enhancements under this act and the offender has previously been sentenced for any sexual motivation enhancements on or after the effective date of this act, all sexual motivation enhancements under this act shall be twice the amount of the enhancement listed.

Provides that, notwithstanding any other provision of law, all sexual motivation enhancements under this act are mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other sexual motivation enhancements, for all offenses sentenced under chapter 9.94A RCW. However, whether or not a mandatory minimum term has expired, an offender serving a sentence under this act may be granted an extraordinary medical placement when authorized under RCW 9.94A.728(4).
-- 2006 REGULAR SESSION --
Feb 3HSC - Majority; 1st substitute bill be substituted, do pass.
On motion, referred to Ways & Means.
Feb 7WM - Majority; 2nd substitute bill be substituted, do pass.
Passed to Rules Committee for second reading.
Feb 8Placed on second reading by Rules Committee.

SB 6478-S

by Senate Committee on Judiciary (originally sponsored by Senators Regala, Hargrove, McAuliffe, Keiser, and Rasmussen)


Creating sexual assault protection orders.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Provides that a petition for a sexual assault protection order may be filed by a person: (1) Who is a victim of nonconsensual sexual conduct or nonconsensual sexual penetration, including a single incident of nonconsensual sexual conduct or nonconsensual sexual penetration; or

(2) On behalf of any of the following persons who is a victim of nonconsensual sexual conduct or nonconsensual sexual penetration: (a) A minor child; (b) a vulnerable adult as defined in RCW 74.34.020; or (c) any other adult who, because of age, disability, health, or inaccessibility, cannot file the petition.

Declares that any person may seek relief under this act by filing a petition with a court alleging that the person has been the victim of nonconsensual sexual conduct or nonconsensual sexual penetration committed by the respondent.

Provides that there shall exist an action known as a petition for a sexual assault protection order.
-- 2006 REGULAR SESSION --
Feb 3JUD - Majority; 1st substitute bill be substituted, do pass.
Passed to Rules Committee for second reading.
Feb 8Placed on second reading by Rules Committee.

SB 6548-S

by Senate Committee on Transportation (originally sponsored by Senators Jacobsen, Oke, and Weinstein; by request of Washington State Patrol)


Modifying procedures for applications for title reissuance when a vehicle has been declared a total loss.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Provides that a vehicle that has been rebuilt after surrender of the certificate of ownership to the department under RCW 46.12.070 due to the vehicle's destruction as a total loss is not required to be presented for a physical inspection when the registered owner of the vehicle at the time of the vehicle's destruction or declaration as a total loss retains possession of the vehicle and applies for title reissuance.
-- 2006 REGULAR SESSION --
Feb 7TRAN - Majority; 1st substitute bill be substituted, do pass.
Minority; do not pass.
Passed to Rules Committee for second reading.

SB 6552-S

by Senate Committee on Transportation (originally sponsored by Senators Benson, Haugen, Mulliken, Berkey, and Sheldon; by request of Department of Licensing)


Modifying commercial driver's license provisions.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Revises commercial driver's license provisions.
-- 2006 REGULAR SESSION --
Feb 7TRAN - Majority; 1st substitute bill be substituted, do pass.
Passed to Rules Committee for second reading.
Feb 8Placed on second reading by Rules Committee.

SB 6679-S

by Senate Committee on Transportation (originally sponsored by Senator Haugen)


Introducing federal law preemption in regulating train speeds.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Amends RCW 81.48.030 and 81.48.040 relating to the jurisdiction of regulating train speeds.
-- 2006 REGULAR SESSION --
Feb 7TRAN - Majority; 1st substitute bill be substituted, do pass.
Minority; without recommendation.
Passed to Rules Committee for second reading.

SB 6684-S

by Senate Committee on Transportation (originally sponsored by Senator Swecker)


Revising the provisions relating to abstracts of driving records.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Revises the provisions relating to abstracts of driving records.
-- 2006 REGULAR SESSION --
Feb 7TRAN - Majority; 1st substitute bill be substituted, do pass.
Minority; do not pass.
Passed to Rules Committee for second reading.

SB 6727-S

by Senate Committee on Transportation (originally sponsored by Senator Haugen)


Authorizing the impoundment of motorcycles and motor-driven cycles operated by improperly licensed persons.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Authorizes the impoundment of motorcycles and motor-driven cycles operated by improperly licensed persons.
-- 2006 REGULAR SESSION --
Feb 7TRAN - Majority; 1st substitute bill be substituted, do pass.
Minority; do not pass.
Passed to Rules Committee for second reading.

SB 6794-S

by Senate Committee on Transportation (originally sponsored by Senators Haugen, Esser, Jacobsen, Mulliken, and Spanel; by request of Department of Transportation)


Concerning collective bargaining by state ferry employees.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Revises provisions concerning collective bargaining by state ferry employees.

Repeals RCW 47.64.180, 47.64.190, and 47.64.240.
-- 2006 REGULAR SESSION --
Feb 7TRAN - Majority; 1st substitute bill be substituted, do pass.
Passed to Rules Committee for second reading.
Feb 8Placed on second reading by Rules Committee.

SB 6830-S

by Senate Committee on Transportation (originally sponsored by Senators Benton, Haugen, Benson, Oke, Deccio, Schmidt, Sheldon, Weinstein, Poulsen, Roach, Pridemore, Zarelli, McAuliffe, Carrell, Kohl-Welles, Rasmussen, Eide, Shin, Rockefeller, Delvin, Franklin, and Johnson)


Creating a "Support Our Troops" special license plate.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Creates a "Support Our Troops" special license plate.
-- 2006 REGULAR SESSION --
Feb 7TRAN - Majority; 1st substitute bill be substituted, do pass.
Passed to Rules Committee for second reading.
Feb 8Placed on second reading by Rules Committee.

SB 6839-S

by Senate Committee on Transportation (originally sponsored by Senator Haugen)


Modifying transportation accounts and revenue distributions.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Revises transportation accounts and revenue distributions.

Provides that, by July 1, 2006, and by each July 1st thereafter, the state treasurer shall transfer from the transportation partnership account created in RCW 46.68.290: (1) One million dollars to the small city pavement and sidewalk account created in RCW 47.26.340;

(2) Two and one-half million dollars to the transportation improvement account created in RCW 47.26.084; and

(3) One and one-half million dollars to the county arterial preservation account created in RCW 46.68.090(2)(i).

Provides that, on July 1, 2006, the state treasurer shall transfer six million dollars from the transportation partnership account created in RCW 46.68.290 into the freight mobility investment account created in RCW 46.68.300 and by July 1, 2007, and by every July 1st thereafter, three million dollars shall be deposited into the freight mobility investment account.
-- 2006 REGULAR SESSION --
Feb 7TRAN - Majority; 1st substitute bill be substituted, do pass.
Minority; do not pass.
Passed to Rules Committee for second reading.
Feb 8Placed on second reading by Rules Committee.

SB 6853-S

by Senate Committee on Transportation (originally sponsored by Senators Haugen and Benson; by request of Department of Transportation)


Modifying vessel procurement provisions for design-build ferries.


(DIGEST OF PROPOSED 1ST SUBSTITUTE)


Declares that the 2001 legislature found that a contracting procedure that facilitates construction of transportation facilities in a more timely manner may occasionally be necessary to ensure that construction can proceed simultaneously with the design of the facility. The legislature further found that the design-build process and other alternative project delivery concepts achieve the goals of time savings and avoidance of costly change orders.

Finds that the audit, conducted by Talbot, Korvola & Warwick in 2001, of the state ferries' capital program resulted in a recommendation for improvements and changes in ferry procurement processes. The auditors recommended that ferries be procured through use of a modified request for proposals process whereby the prevailing shipbuilder and Washington state ferries engage in a design and build partnership. This process promotes ownership of the design by the shipbuilder while using the department of transportation's expertise in ferry design and operations. Alternative processes like design-build partnerships promote innovation and create competitive incentives that increase the likelihood of finishing projects on time and within the budget.

Declares that the purpose of this 2006 act is to modify the request for proposals process for procurement of ferries, authorize the use of best value determinations, and to prescribe appropriate requirements and criteria to ensure that contracting procedures serve the public interest.
-- 2006 REGULAR SESSION --
Feb 7TRAN - Majority; 1st substitute bill be substituted, do pass.
Minority; without recommendation.
Passed to Rules Committee for second reading.
Feb 8Placed on second reading by Rules Committee.

SB 6892

by Senators Prentice, Esser, Fraser, Brandland, Kohl-Welles, Rasmussen, and Oke


Creating the 2006 Seahawks championship account.


Creates the 2006 Seahawks championship account in the custody of the state treasurer. The account is established to celebrate the 2006 Seahawks season by matching private donations with state funds for the purpose of funding youth athletic fields. All receipts for this purpose from donations by representatives of the owners of the Seattle Seahawks, any member of the team, or any organization or person that considers themselves a Seahawks fan or anyone who has ever referred to himself or herself as a "twelfth man" or "twelfth woman" must be deposited into the account.

Provides that, at the end of each fiscal year, the treasurer must transfer an amount equal to the amount of donations received by the account for that year, plus an equal amount of state funds from within available funds appropriated to the account, to the youth athletic facility account established in this act.

Provides that, after the transfer at the end of fiscal year 2008, the treasurer shall transfer any remaining amounts in the 2006 Seahawks championship account to the general fund, and the account shall be abolished.

Appropriates the sum of ten million dollars, or as much thereof as may be necessary, for the fiscal year ending June 30, 2007, from the general fund to the 2006 Seahawks victory account for the purposes of this act.
-- 2006 REGULAR SESSION --
Feb 8First reading, referred to Ways & Means.