WASHINGTON STATE LEGISLATURE
Legislative Digest No. 30

FIFTY-NINTH LEGISLATURE
Tuesday, February 21, 200644th Day - 2006 Regular Session

SENATE
SB 5179SB 6010SB 6870-SSB 6899SCR 8418
HOUSE
HB 1010-SHB 1484-S3HB 1849HB 2489-S2HB 2572-S2HB 2842-SHB 3192
HB 3207-SHCR 4418

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 1010-S

by House Committee on Technology, Energy & Communications (originally sponsored by Representatives Morris, Hudgins, Morrell, Linville, B. Sullivan, McCoy, and Chase)


Concerning energy efficiency and renewable energy standards.


(AS OF HOUSE 2ND READING 2/09/06)


Declares an intent to establish a goal of encouraging the construction and development of renewable energy in the state of Washington to meet increasing demands for affordable and reliable electricity. Since electricity supply may lag behind electricity demand, the result may be a sharp increase in electricity prices.

Finds that it is desirable to shorten the time it takes to bring new electricity generation to market.

Provides that, except as otherwise provided under this act, utilities with more than twenty-five thousand customers that are not full requirements customers must develop an integrated resource plan consistent with the provisions of this section by July 31, 2007.

Requires investor-owned utilities to submit integrated resource plans to the commission. The commission shall establish by rule the requirements for preparation and submission of integrated resource plans.

Provides that each consumer-owned utility required to develop a plan shall transmit a copy of its plan to the department by December 31, 2007, and transmit subsequent plans to the department at least every three years thereafter. The department shall develop, in consultation with utilities, a common cover sheet that summarizes the essential data in their plans.

Allows consumer-owned utilities to develop plans jointly with other consumer-owned utilities. Data and assessments included in joint reports must be identifiable to each individual utility.

Directs the department to review the plans of consumer and investor-owned utilities and prepare an electronic report to the legislature that aggregates the data submitted by all utilities, summarizes at a statewide level the resource choices and dates specified in the plans. The commission shall provide the department with data summarizing the plans of investor-owned utilities for use in the department's statewide summary. Individual utility plans will be provided to the legislature. The report shall include a statewide summary of utility load forecasts, load/resource balance, and utility plans for the development of thermal generation, renewable resources, and efficiency resources. The department shall submit the initial report by June 30, 2008, and subsequent reports every three years thereafter. Where appropriate, the department may include reports required by this act within the biennial report required under RCW 43.21F.045.
-- 2005 REGULAR SESSION --
Feb 24TEC - Majority; 1st substitute bill be substituted, do pass.
Feb 28Passed to Rules Committee for second reading.
Mar 2Made eligible to be placed on second reading.
Mar 7Placed on second reading by Rules Committee.
Mar 16Referred to Rules 2 Consideration.
-- 2006 REGULAR SESSION --
Jan 9By resolution, reintroduced and retained in present status.
Feb 6Placed on second reading by Rules Committee.
Feb 91st substitute bill substituted.
Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 96; nays, 1; absent, 0; excused, 1.
-- IN THE SENATE --
Feb 11First reading, referred to Water, Energy & Environment.

HB 1484-S3

by House Committee on Finance (originally sponsored by Representatives Hunter, Jarrett, Haigh, Tom, McDermott, McIntire, Simpson, P. Sullivan, Kagi, and Chase)


Providing cost-of-living salary supplements to school district employees.


(AS OF HOUSE 2ND READING 2/09/06)


Declares an intent that additional funding provided under this act be used by school districts to provide regional cost-of-living salary supplements to school district employees, as determined through collective bargaining.

Provides that a county may impose a regular property tax levy for the maintenance and operation of schools within the county in accordance with this act.

Provides that each school receiving levy proceeds under this act shall annually report to the superintendent of public instruction on the use of the proceeds. The report shall include a detailed description of the additional time, additional responsibilities, or incentives for which certificated instructional staff receive the supplemental contracts supported by the proceeds.

Requires the state auditor to conduct regular audits of compliance with RCW 28A.400.200 in the implementation of this act.
-- 2006 REGULAR SESSION --
Jan 18FIN - Majority; 3rd substitute bill be substituted, do pass.
Jan 19Passed to Rules Committee for second reading.
Jan 26Placed on second reading by Rules Committee.
Feb 93rd substitute bill substituted.
Floor amendment(s) adopted.
Placed on third reading.
Third reading, passed; yeas, 50; nays, 48; absent, 0; excused, 0.
-- IN THE SENATE --
Feb 11First reading, referred to Early Learning, K-12 & Higher Education.

HB 1849

by Representatives Lovick, Campbell, Simpson, DeBolt, Hinkle, and O'Brien


Modifying requirements for security guard training. (REVISED FOR ENGROSSED: Requiring DOL to conduct a review of annual postassignment training of security guards.)


(AS OF HOUSE 2ND READING 2/14/06)


Revises requirements for security guard training.

Finds that the functions served by private security companies and their employees provide important safety for the public and that changes in regulating this profession should be undertaken with a goal of promoting public safety. Therefore, the department of licensing shall undertake a review, using as a guide the requirements of chapter 18.118 RCW to the extent appropriate, of the following: (1) The need for annual postassignment training of private security guards that covers review and practice of security guard skills taught by department-certified trainers;

(2) Whether various levels of postassignment training may be appropriate for private security guards employed in various types of work, as listed in RCW 18.170.010(18), depending on their assigned duties;

(3) The need for private security companies to maintain records of postassignment training of private security guards and, if so, for what period of time; and

(4) The need for civil penalties to enforce compliance with the training requirements for private security guards.

Directs the department to report the results of the study and its recommendations to the appropriate committees of the legislature by January 1, 2007.
-- 2005 REGULAR SESSION --
Feb 8First reading, referred to Commerce & Labor.
Mar 2CL - Executive action taken by committee.
CL - Majority; do pass.
Minority; do not pass.
Passed to Rules Committee for second reading.
Mar 10Placed on second reading by Rules Committee.
Mar 16Referred to Rules 2 Consideration.
-- 2006 REGULAR SESSION --
Jan 9By resolution, reintroduced and retained in present status.
Jan 11Placed on second reading by Rules Committee.
Feb 14Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 87; nays, 9; absent, 0; excused, 2.
-- IN THE SENATE --
Feb 16First reading, referred to Labor, Commerce, Research & Development.

HB 2489-S2

by House Committee on Appropriations (originally sponsored by Representatives Hunter, Jarrett, P. Sullivan, Springer, Morrell, Tom, Simpson, Miloscia, O'Brien, Roberts, and Green)


Assisting students to graduate from high school on time.


(AS OF HOUSE 2ND READING 2/09/06)


Provides that, for each high school student who was not successful on any or all of the content areas of the high school Washington assessment of student learning, either initially or after subsequent retakes of the assessment: (1) The school district shall prepare the student learning plan required under RCW 28A.655.061 before the end of the school year in which the assessment scores are returned;

(2) The school district shall arrange a student-led conference for the student's parent or guardian to discuss the remedial extended learning activities the district will provide under this act and explain the student's level of risk of not graduating on time if the student does not participate in remediation assistance. To the maximum extent possible, student-led conferences shall be facilitated by a teacher or counselor who has been assigned as the student's mentor for the duration of the student's enrollment in the school;

(3) If the student is in out-of-home care as defined by RCW 13.34.030, the school district shall include the student's social worker assigned from the department of social and health services in the student-led conference.

Provides that, beginning with the 2009 assessment, the notice to parents of the results of the high school Washington assessment of student learning shall include the student's responses compared to the correct responses to test questions and information about how the parent can obtain a copy of the assessment. A school district shall provide an electronic or paper copy of the assessment on request. However, if specific funding for the purpose of this provision is not provided in the omnibus appropriations act, by June 30, 2006, a school district is not obligated to comply with this provision.

Provides that, subject to the availability of funds appropriated for this purpose, the superintendent of public instruction shall negotiate statewide contracts with providers of online courses, materials, and diagnostic assessments to provide remedial extended learning activities and preremediation and postremediation assessments under this act. The superintendent shall act as a broker between school districts that elect to use the courses, materials, or assessments offered by a provider and the provider in order to facilitate contract negotiations, ensure consistent and equitable contract terms, and reduce administrative burden on both parties. Nothing in this act prevents a school district from independently negotiating contracts with providers of online courses, materials, or diagnostic assessments.
-- 2006 REGULAR SESSION --
Feb 6APP - Majority; 2nd substitute bill be substituted, do pass.
Minority; do not pass.
Feb 7Placed on second reading.
Feb 92nd substitute bill substituted.
Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 96; nays, 2; absent, 0; excused, 0.
-- IN THE SENATE --
Feb 11First reading, referred to Early Learning, K-12 & Higher Education.

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.


(AS OF HOUSE 2ND READING 2/08/06)


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.

Requires the joint legislative audit and review committee to conduct a program and fiscal review of the small employer health insurance partnership program and report their findings and recommendation to the appropriate committees of the legislature no later than December 1, 2009.
-- 2006 REGULAR SESSION --
Feb 4APP - Majority; 2nd substitute bill be substituted, do pass.
Minority; do not pass.
Feb 7Placed on second reading.
Feb 82nd substitute bill substituted.
Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 57; nays, 41; absent, 0; excused, 0.
-- IN THE SENATE --
Feb 10First reading, referred to Health & Long-Term Care.

HB 2842-S

by House Committee on Education (originally sponsored by Representatives B. Sullivan, Anderson, Quall, Tom, Chase, and Simpson)


Requiring that organ donation awareness be taught in public schools.


(AS OF HOUSE 2ND READING 2/13/06)


Finds that continuing education as to the existence and maintenance of a statewide organ and tissue donor registry is in the best interest of the people of the state of Washington.

Requires organ donation awareness to be taught in the public schools of this state in driver training courses. Organ donation education shall include instruction explaining the organ and tissue donor registry created in RCW 68.50.635.

Requires instructional materials to be developed in coordination with the federally designated organ procurement organization for Washington state.

Provides that all costs associated with the development, distribution, and implementation of this curriculum shall be the responsibility of the foundation established in RCW 46.12.510.

Requires that at least fourteen days before teaching organ donation awareness, each school district shall notify parents or guardians of the presentation, that the curricula materials are available for inspection, and that parents or guardians may request in writing that their students be excused from the instruction. No student may be required to participate in organ donation awareness instruction if the student's parent or guardian requests in writing that the student be excused from such instruction, and the student shall not be academically penalized due to being excused.
-- 2006 REGULAR SESSION --
Feb 2ED - Majority; 1st substitute bill be substituted, do pass.
Feb 3Passed to Rules Committee for second reading.
Feb 9Placed on second reading by Rules Committee.
Feb 131st substitute bill substituted.
Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 58; nays, 40; absent, 0; excused, 0.
-- IN THE SENATE --
Feb 15First reading, referred to Early Learning, K-12 & Higher Education.

HB 3192

by Representatives B. Sullivan, Ericks, and Sells


Authorizing a contract extension for reimbursement by property owners for street, road, and water or sewer projects.


(AS OF HOUSE 2ND READING 2/13/06)


Provides that the contract may provide for an extension of the fifteen-year reimbursement period for a time not to exceed the duration of any moratorium, phasing ordinance, concurrency designation, or other governmental action that prevents making applications for, or the approval of, any new development within the benefit area for a period of six months or more.

Requires each contract to include a provision requiring that every two years from the date the contract is executed a property owner entitled to reimbursement under this act provide the appropriate county, city, or town with information regarding the current contract name, address, and telephone number of the person, company, or partnership that originally entered into the contract. If the property owner fails to comply with the notification requirements of this provision within sixty days of the specified time, then the contracting county, city, or town may collect any reimbursement funds owed to the property owner under the contract. Such funds must be deposited in the capital fund of the county, city, or town.
-- 2006 REGULAR SESSION --
Jan 24First reading, referred to Local Government.
Feb 1LG - Executive action taken by committee.
LG - Majority; do pass.
Feb 3Passed to Rules Committee for second reading.
Feb 9Placed on second reading by Rules Committee.
Feb 13Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 98; nays, 0; absent, 0; excused, 0.
-- IN THE SENATE --
Feb 15First reading, referred to Government Operations & Elections.

HB 3207-S

by House Committee on Capital Budget (originally sponsored by Representative Santos)


Creating community preservation authorities.


(AS OF HOUSE 2ND READING 2/13/06)


Finds that the preservation and restoration of the character of such a community, and the community's historical and cultural character, are important public policy goals that can be achieved through the creation of community preservation authorities.

Creates community preservation authorities to restore or enhance the health, safety, and well-being of communities adversely impacted by the construction of, or ongoing operation of, multiple major public facilities, public works, and capital projects with significant public funding.

Requires that, by November 15, 2006, the department of community, trade, and economic development shall develop and report to the appropriate committees of the legislature recommendations for a community preservation authorities program. The department shall develop the recommendations within existing resources and shall consult with at least one community that has an interest in forming such an authority. The recommendations must include statutory and budgetary elements needed to support the program and must address operational issues, including: (1) The appointing authority and process by which community preservation authority board members are named;

(2) State agencies that should be considered for designation as the single point of contact;

(3) The means for establishing the authorities' eligibility for grant and loan programs;

(4) How the community preservation authorities program should address the potential impacts of major public facilities, public works, and capital projects sited within and adjacent to the community's geographic boundaries; and

(5) Any other issues that must be resolved in order to operate the program.
-- 2006 REGULAR SESSION --
Feb 6CB - Majority; 1st substitute bill be substituted, do pass.
Minority; without recommendation.
Feb 7Passed to Rules Committee for second reading.
Feb 10Placed on second reading.
Feb 131st substitute bill substituted.
Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 59; nays, 39; absent, 0; excused, 0.
-- IN THE SENATE --
Feb 15First reading, referred to Government Operations & Elections.


House Concurrent Resolutions

HCR 4418

by Representative B. Sullivan


Creating an aerospace task force.


Requires the task force to report its findings and recommendations to the legislature by June 30, 2007.
-- 2006 REGULAR SESSION --
Feb 20First reading, referred to Economic Development, Agriculture & Trade.


Senate Bills

SB 5179

by Senators Morton, Jacobsen, Sheldon, and Stevens


Studying forest health issues.


(AS OF SENATE 2ND READING 2/08/06)


Creates a work group to study opportunities to improve the forest health issues enumerated in RCW 76.06.140 that are facing forest land in Washington and to help the commissioner of public lands develop a strategic plan under section 3, chapter 218, Laws of 2004. The work group may, if deemed necessary, identify and focus on regions of the state where forest health issues enumerated in this act are the most critical.

Provides that the work group is required to hold a minimum of five meetings, at diverse locations throughout the state, to gather public input regarding the group's proposed legislation.

Expires June 30, 2007.
-- 2005 REGULAR SESSION --
Jan 17First reading, referred to Natural Resources, Ocean & Recreation.
Jan 28NROR - Majority; do pass.
Jan 31Passed to Rules Committee for second reading.
Feb 2Placed on second reading by Rules Committee.
Mar 3Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 47; nays, 0; absent, 2; excused, 0.
-- IN THE HOUSE --
Mar 4First reading, referred to Natural Resources, Ecology & Parks.
Mar 31NREP - Executive action taken by committee.
NREP - Majority; do pass with amendment(s).
Minority; do not pass.
Apr 1Referred to Appropriations.
Apr 24By resolution, returned to Senate Rules Committee for third reading.
-- 2006 REGULAR SESSION --
-- IN THE SENATE --
Jan 9By resolution, reintroduced and retained in present status.
Jan 19Made eligible to be placed on third reading.
Feb 2Placed on third reading by Rules Committee.
Feb 8Rules suspended.
Returned to second reading for amendment.
Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 47; nays, 0; absent, 0; excused, 2.
-- IN THE HOUSE --
Feb 10First reading, referred to Natural Resources, Ecology & Parks.
Feb 16NREP - Executive action taken by committee.
Feb 17NREP - Majority; do pass.
Feb 20Referred to Appropriations.

SB 6010

by Senator Fairley


Granting a right of return to employment to state employees who leave employment to serve in the Peace Corps. (REVISED FOR ENGROSSED: Granting a right of return to employment to state employees who leave employment to serve as Peace Corps or humanitarian organization volunteers or on faith-based missions.)


(AS OF SENATE 2ND READING 2/08/06)


Requires an agency to grant leave without pay to any exempt or nonexempt full-time permanent employee who requests such leave to serve in the United States peace corps, participate in a program sponsored by a humanitarian organization, or participate in a faith-based mission.

Provides that the employee's participation in insurance, vacation, retirement pay, or other benefits offered by the employer shall be governed by rules and practices, existing at the time the leave is granted.

Provides that, upon the employee's return, the employee shall be restored, without loss of seniority, to his or her previous position or an equivalent one.

Provides that the employee may not be dismissed from his or her position without cause within one year after restoration.
-- 2005 REGULAR SESSION --
Feb 21First reading, referred to Labor, Commerce, Research & Development.
Mar 2LCRD - Majority; do pass.
Passed to Rules Committee for second reading.
Mar 11Placed on second reading by Rules Committee.
Mar 16Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 40; nays, 7; absent, 0; excused, 2.
-- IN THE HOUSE --
Mar 18First reading, referred to State Government Operations & Accountability.
Apr 1SGOA - Executive action taken by committee.
SGOA - Majority; do pass with amendment(s).
Minority; do not pass.
Passed to Rules Committee for second reading.
Apr 12Placed on second reading by Rules Committee.
Apr 13Committee amendment adopted with no other amendments.
Rules suspended. Placed on Third Reading.
Apr 15Referred to Rules 3 Consideration.
Apr 24By resolution, returned to Senate Rules Committee for third reading.
-- 2006 REGULAR SESSION --
-- IN THE SENATE --
Jan 9By resolution, reintroduced and retained in present status.
Jan 19Placed on third reading by Rules Committee.
Feb 8Rules suspended.
Returned to second reading for amendment.
Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 46; nays, 1; absent, 0; excused, 2.
-- IN THE HOUSE --
Feb 10First reading, referred to State Government Operations & Accountability.

SB 6870-S

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


Funding the board of pilotage commissioners' training program.


(AS OF SENATE 2ND READING 2/08/06)


Provides $1,017,000 for the Board of Pilotage Commissioners.

Declares that the appropriation in this act is subject to the following conditions and limitations: $500,000 of the appropriation is provided solely for stipends to trainees in the training program as set forth in rules adopted by the board.

Declares that this act is intended to clarify the authority of the board of pilotage commissioners to pay stipends to pilot trainees that have indicated they wish to receive a stipend during the board of pilotage commissioners' training program. This act is remedial and curative in nature and applies retroactively to December 1, 2005. Specifically, the board may pay stipends, pursuant to the rules established by the board, to any pilot trainees that qualified for the stipends on, or after, December 1, 2005.
-- 2006 REGULAR SESSION --
Feb 1TRAN - Majority; 1st substitute bill be substituted, do pass.
Passed to Rules Committee for second reading.
Feb 2Placed on second reading by Rules Committee.
Feb 81st substitute bill substituted.
Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 47; nays, 0; absent, 0; excused, 2.
-- IN THE HOUSE --
Feb 10First reading, referred to Transportation.

SB 6899

by Senator Roach


Requiring Spanish and Chinese language instruction.


Provides that, to enable Washington citizens to more effectively compete in the world marketplace and develop a greater sense of the world's culture and geography, our students, at all levels, must be provided the opportunity to develop fluency in a second language.
-- 2006 REGULAR SESSION --
Feb 20First reading, referred to Early Learning, K-12 & Higher Education.


Senate Concurrent Resolutions

SCR 8418

by Senators Shin and Rasmussen


Creating an aerospace task force.


Requires the task force to report its findings and recommendations to the legislature by June 30, 2007.
-- 2006 REGULAR SESSION --
Feb 17First reading, referred to International Trade & Economic Development.