WASHINGTON STATE LEGISLATURE
Legislative Digest No. 50

SIXTIETH LEGISLATURE
Tuesday, March 20, 200772nd Day - 2007 Regular Session

SENATE
SB 6149
HOUSE
HB 1432-S2HB 1512-SHB 1733-S2HB 2023-SHB 2113HB 2212-SHB 2391
HB 2392HB 2393HJM 4022

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://apps.leg.wa.gov/billinfo/digests.aspx?year=2007.


House Bills

HB 1432-S2

by House Committee on Appropriations (originally sponsored by Representatives P. Sullivan, Upthegrove, Simpson, Hunter, Moeller, Linville, Schual-Berke, and Santos)


Granting service credit to educational staff associates for nonschool employment.


(AS OF HOUSE 2ND READING 3/12/2007)


Provides that, beginning in the 2007-08 school year, the calculation of years of service for occupational therapists, physical therapists, speech-language pathologists, audiologists, nurses, social workers, counselors, and psychologists regulated under Title 18 RCW may include experience in schools and other nonschool positions as occupational therapists, physical therapists, speech-language pathologists, audiologists, nurses, social workers, counselors, or psychologists. The calculation shall be that one year of service in a nonschool position counts as one year of service for purposes of this act, up to a limit of five years of nonschool service. Nonschool years of service included in calculations under this provision shall not be applied to service credit totals for purposes of any retirement benefit under chapter 41.32, 41.35, or 41.40 RCW, or any other state retirement system benefits.

Provides that the act shall be null and void if appropriations are not approved.
-- 2007 REGULAR SESSION --
Feb 9Public hearing in committee.
Feb 20Executive session in committee.
Mar 9Public hearing in committee.
Mar 10Executive session in committee.
APP - Majority; 2nd substitute bill be substituted, do pass.
Minority; do not pass.
Placed on second reading.
Mar 122nd substitute bill substituted.
Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 89; nays, 9; absent, 0; excused, 0.
-- IN THE SENATE --
Mar 14First reading, referred to Early Learning & K-12 Education.
Mar 22Scheduled for public hearing in committee. (Subject to change)

HB 1512-S

by House Committee on Finance (originally sponsored by Representatives Hasegawa, Haler, Pettigrew, Skinner, Santos, Hankins, Kenney, Walsh, McCoy, Kirby, Schual-Berke, Chase, Williams, Roberts, P. Sullivan, Hudgins, Ericks, Darneille, Kagi, and Ormsby)


Increasing the amount the treasurer may use for the linked deposit program.


(AS OF HOUSE 2ND READING 3/8/2007)


Declares that the office of minority and women's business enterprises has the authority to promulgate, amend, and repeal rules in order to: (1) Ensure that when making a qualified loan under the linked deposit program, businesses that have never received a loan under the linked deposit program are given first priority;

(2) Limit the total principal loan amount that any one business receives in qualified loans under the linked deposit program over the lifetime of the businesses;

(3) Limit the total principal loan amount that an owner of one or more businesses receives in qualified loans under the linked deposit program during the owner's lifetime; and

(4) Limit the total amount of any one qualified loan made under the linked deposit program.

Provides that the requirements upon the state treasurer in RCW 43.86A.030 are contingent upon at least one additional full-time equivalent employee, which must be dedicated to the deposit investment program, for the purposes of RCW 43.86A.030 and this act, being funded from the state treasurer's service fund created in RCW 43.08.190.

Provides that the act shall be null and void if appropriations are not approved.
-- 2007 REGULAR SESSION --
Jan 30Public hearing in committee.
Feb 1Executive session in committee.
Feb 21Public hearing in committee.
Mar 1Executive session in committee.
FIN - Majority; 1st substitute bill be substituted, do pass.
Mar 5Passed to Rules Committee for second reading.
Mar 6Rules Committee relieved of further consideration. Placed on second reading.
Mar 81st substitute bill substituted.
Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 98; nays, 0; absent, 0; excused, 0.
-- IN THE SENATE --
Mar 10First reading, referred to Financial Institutions & Insurance.
Mar 21Scheduled for public hearing in committee. (Subject to change)

HB 1733-S2

by House Committee on Appropriations (originally sponsored by Representatives Conway, Kirby, Darneille, and Chase)


Providing for the review of state community justice facilities.


(AS OF HOUSE 2ND READING 3/13/2007)


Requires the department to prepare a projected list of counties and rural multicounty geographic areas in which community facilities need to be sited during the fiscal year beginning July 1, 2007, and every biennium thereafter starting with the biennium beginning July 1, 2008, and transmit the list to the office of financial management and the counties on the list. The list may be updated as needed. In preparing the list, the department shall make substantial efforts to provide for the equitable distribution of community facilities among counties. The department shall give great weight to the following factors in determining equitable distribution: (1) The locations of existing community facilities owned or operated by, or operated under contract with, the department in each county;

(2) The number and proportion of juvenile offenders committed to the department residing in the county or rural multicounty geographic area; and

(3) The number of juvenile registered sex offenders classified as level II or III and juvenile sex offenders registered as homeless per thousand persons residing in the county.

Directs the department to submit the operational requirements for the facilities on the list to the office of financial management and the counties on the list.

Provides that a county, and any county designated by the department within a rural multicounty geographic area, that is included on the list required under this act planning under RCW 36.70A.040 to, in cooperation with its cities, allow the siting of each projected community facility on the list within the county using its process for siting essential public facilities under RCW 36.70A.200 and this act. The process shall allow the siting of a facility within twelve months of receiving notice that the county has been included on the list.

Requires the department to prepare a projected list of counties and rural multicounty geographic areas in which work release facilities need to be sited during the fiscal year beginning July 1, 2007, and every biennium thereafter starting with the biennium beginning July 1, 2008, and transmit the list to the office of financial management and the counties on the list. The list may be updated as needed. In preparing the list, the department shall make substantial efforts to provide for the equitable distribution of work release facilities among counties. The department shall give great weight to the following factors in determining equitable distribution: (1) The locations of existing residential facilities owned or operated by, or operated under contract with, the department in each county;

(2) The number and proportion of adult offenders sentenced to the custody or supervision of the department by the courts of the county or rural multicounty geographic area; and

(3) The number of adult registered sex offenders classified as level II or III and adult sex offenders registered as homeless per thousand persons residing in the county.

Directs the department to submit, along with the list required under this act, the operational requirements for the facilities on the list to the office of financial management and the counties on the list.

Provides that, within twelve months of receiving notice that the county has been included on the list of projected potential sites for a work release facility or community facility for juvenile offenders, each county, in cooperation with the cities located in whole or in part within the county, and each city planning under RCW 36.70A.040 shall, when it next amends its comprehensive plan, but in no case later than the deadline specified in RCW 36.70A.130, establish a process, or amend its existing process, for identifying and siting essential public facilities, and adopt or amend its development regulations as necessary to provide for the siting of community facilities as defined in RCW 72.05.020 and work release and other facilities operated by or under contract with the department of corrections. When siting a community facility under chapter 72.05 RCW or a work release facility under chapter 72.65 RCW, a county or city shall follow, in addition to requirements of the process for siting essential public facilities established under this provision, the requirements established in this act.
-- 2007 REGULAR SESSION --
Feb 8Public hearing in committee.
Feb 27Executive session in committee.
Mar 3Public hearing in committee.
Mar 5Executive session in committee.
APP - Majority; 2nd substitute bill be substituted, do pass.
APP - Executive action taken by committee.
Passed to Rules Committee for second reading.
Mar 8Placed on second reading by Rules Committee.
Mar 132nd substitute bill substituted.
Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 75; nays, 21; absent, 0; excused, 2.
-- IN THE SENATE --
Mar 15First reading, referred to Government Operations & Elections.

HB 2023-S

by House Committee on Appropriations (originally sponsored by Representatives Schual-Berke, Hinkle, Cody, Campbell, Darneille, Walsh, Morrell, Seaquist, Hunter, Hunt, Dunshee, Ericks, Haigh, Simpson, Ormsby, and Sells)


Establishing newborn screening fees.


(AS OF HOUSE 2ND READING 3/13/2007)


Provides that payments for medical assistance shall include the cost of newborn screening fees used to fund specialty clinics in accordance with RCW 70.83.040.

Provides that the department has the authority to collect the following fees from the parents or other responsible party of each infant screened for heritable or metabolic disorders as defined by the state board of health under RCW 70.83.020: (1) A fee for laboratory testing associated with newborn testing for the defined disorders; and

(2) A fee of three dollars and fifty cents to fund specialty clinics that provide treatment services for children with the defined disorders.

Provides that the fee may be collected through the facility where the screening specimen is obtained.
-- 2007 REGULAR SESSION --
Feb 12Public hearing in committee.
Feb 19Executive session in committee.
APP - Majority; 1st substitute bill be substituted, do pass.
Feb 21Passed to Rules Committee for second reading.
Mar 8Placed on second reading by Rules Committee.
Mar 131st substitute bill substituted.
Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 96; nays, 0; absent, 0; excused, 2.
-- IN THE SENATE --
Mar 15First reading, referred to Health & Long-Term Care.

HB 2113

by Representatives Williams, Goodman, Green, Hunt, and Simpson


Regarding objections by cities, towns, and counties to the issuance of liquor licenses.


(AS OF HOUSE 2ND READING 3/13/2007)


Provides that, if the board makes an initial decision to deny a license or renewal based on the written objections of an incorporated city or town or county legislative authority, the applicant may request and the board may in its discretion hold a hearing subject to the applicable provisions of Title 34 RCW. If such a hearing is held at the request of the applicant, liquor control board representatives shall present and defend the board's initial decision to deny a license or renewal.

Requires that, in determining whether to grant or deny a license or renewal of any license, the board shall give substantial weight to objections from an incorporated city or town or county legislative authority based upon chronic illegal activity associated with the applicant's operations of the premises proposed to be licensed or the applicant's operation of any other licensed premises, or the conduct of the applicant's patrons inside or outside the licensed premises. "Chronic illegal activity" means: (1) A pervasive pattern of activity that threatens the public health, safety, and welfare of the city, town, or county including, but not limited to, open container violations, assaults, disturbances, disorderly conduct, or other criminal law violations, or as documented in crime statistics, police reports, emergency medical response data, calls for service, field data, or similar records of a law enforcement agency for the city, town, county, or any other municipal corporation or any state agency; or

(2) An unreasonably high number of citations for violations of RCW 46.61.502 associated with the applicant's or licensee's operation of any licensed premises as indicated by the reported statements of patrons to the Washington state patrol.
-- 2007 REGULAR SESSION --
Feb 8First reading, referred to Commerce & Labor.
Feb 26Public hearing in committee.
Feb 27Executive session in committee.
CL - Executive action taken by committee.
CL - Majority; do pass.
Minority; do not pass.
Feb 28Passed to Rules Committee for second reading.
Mar 12Rules Committee relieved of further consideration. Placed on second reading.
Mar 13Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 95; nays, 1; absent, 0; excused, 2.
-- IN THE SENATE --
Mar 15First reading, referred to Labor, Commerce, Research & Development.

HB 2212-S

by House Committee on Local Government (originally sponsored by Representatives Blake, B. Sullivan, and Newhouse)


Expressing progress in balancing the productive use of agricultural lands with their preservation.


(AS OF HOUSE 2ND READING 3/13/2007)


Finds that the goal of preserving Washington's agricultural lands is shared by citizens throughout the state.

Recognizes that efforts to achieve a balance between the productive use of these resource lands and associated regulatory requirements have proven difficult, but that good faith efforts to seek solutions have yielded successes. The legislature believes that this willingness to find and pursue common ground will enable Washingtonians to enjoy the benefits of a successful agricultural economy and a healthy environment, while also preventing the unnecessary conversion of valuable agricultural lands. The legislature, therefore, intends this act, the temporary delays it establishes for amending or adopting provisions of certain critical area ordinances and implementing regulations, and the duties and requirements it prescribes for the William D. Ruckelshaus Center, to be expressions of progress in resolving, harmonizing, and advancing commonly held environmental protection and agricultural viability goals.

Expects the duties and requirements it is prescribing for the Ruckelshaus Center to be successful. If, however, the efforts of the center do not result in a consensus of how to best address the conflicts between agricultural activities and certain regulatory requirements as they apply to agricultural activities, the legislature intends, upon the expiration of the delay, to require jurisdictions that have delayed amending or adopting certain regulatory measures to promptly complete all regulatory amendments or adoptions necessary to comply with the growth management act.

Does not intend this act to reduce or otherwise diminish existing critical area ordinances and implementing regulations that protect critical areas that apply to agricultural activities during the deferral period established in this act.

Provides that, until July 1, 2009, counties and cities must defer amending or adopting critical area ordinances and implementing regulations under RCW 36.70A.060(2) as they specifically apply to agricultural activities.

Provides that counties and cities that defer amending or adopting critical area ordinances and implementing regulations under this act must review and revise these ordinances and regulations as they specifically apply to agricultural activities to comply with the requirements of this chapter by July 1, 2010.

Provides that, subject to the availability of amounts appropriated for this specific purpose, the William D. Ruckelshaus Center must conduct an examination of the conflicts between agricultural activities and critical area ordinances and implementing regulations adopted under chapter 36.70A RCW to protect critical areas. The examination required by this provision must commence by July 1, 2007.

Requires the center to issue a final report of findings and legislative recommendations to the governor and the appropriate committees of the house of representatives and the senate by September 1, 2008.

Provides that the act shall be null and void if appropriations are not approved.
-- 2007 REGULAR SESSION --
Feb 22Public hearing in committee.
Feb 27Executive session in committee.
LG - Majority; 1st substitute bill be substituted, do pass.
Feb 28Passed to Rules Committee for second reading.
Mar 8Placed on second reading by Rules Committee.
Mar 131st substitute bill substituted.
Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 79; nays, 17; absent, 0; excused, 2.
-- IN THE SENATE --
Mar 15First reading, referred to Government Operations & Elections.

HB 2391

by Representatives Fromhold, Conway, and Moeller


Eliminating retirement system gain-sharing and providing alternate pension benefits.


Eliminates retirement system gain-sharing.

Provides alternate pension benefits.

Repeals RCW 41.31.010, 41.31.020, 41.31.030, 41.31A.010, 41.31A.020, 41.31A.030, and 41.31A.040.
-- 2007 REGULAR SESSION --
Mar 19First reading, referred to Appropriations.

HB 2392

by Representatives Kelley and Green


Modifying the terms of repayment plans for small loans.


Provides that the one-time fee for the payment plan may not be assessed at the time the parties enter into the agreement; it must be paid in equal installments over the term of the payment plan.
-- 2007 REGULAR SESSION --
Mar 19First reading, referred to Insurance, Financial Services & Consumer Protection.

HB 2393

by Representatives Pearson, Ahern, Ross, Warnick, Bailey, Kristiansen, Walsh, Ericks, Newhouse, McCune, Haler, Dunn, Roach, Orcutt, and Skinner


Improving public safety by improving state supervision of felony offenders in the community.


Finds that public safety is one of the paramount duties of the state and an essential function of government.

Finds that systemic problems exist with the department of corrections that must be addressed expeditiously and unequivocally in order to rebuild public confidence in the state's ability to best protect them from criminal offenders who have been released from full incarceration but are still serving their sentences on community custody. Turnstile justice is not conducive to building public safety, public confidence in and support for our criminal justice system as a whole, and the morale of personnel working within our department of corrections, law enforcement agencies, and prosecutors' offices.

Finds that citizens expect and demand predictability, proportionality, uniformity, transparency, and justice when dealing with criminal offenders and due consideration for the severe and detrimental impact of crime on victims and their families and friends when dealing with such offenders.

Appropriates the sum of . . . . . . dollars, or as much thereof as may be necessary, for the fiscal year ending June 30, 2008, from the general fund to the department of corrections for the purposes of this act.
-- 2007 REGULAR SESSION --
Mar 19First reading, referred to Human Services.
Mar 20Scheduled for public hearing in committee. (Subject to change)


House Joint Memorials

HJM 4022

by Representatives Strow, Pearson, Sells, B. Sullivan, Ericksen, Bailey, Schindler, Kretz, Kristiansen, Linville, Quall, Chandler, Kenney, Kelley, Dunn, and Skinner


Requesting the Clinton ferry terminal be named the "Jack Metcalf Ferry Terminal."


Requests the Clinton ferry terminal be named the "Jack Metcalf Ferry Terminal."
-- 2007 REGULAR SESSION --
Mar 19First reading, referred to Transportation.


Senate Bills

SB 6149

by Senators Hobbs, Haugen, Berkey, and Shin


Providing for higher education investment districts.


Provides that the county legislative authority of a county with a population greater than six hundred thousand persons but less than seven hundred fifty thousand persons may create a higher education investment district that is coextensive with the boundaries of the county.

Authorizes the county legislative authority that meets the criteria of this act to enter into an agreement under chapter 39.34 RCW with any contiguous counties for the creation and joint operation of a higher education investment district.

Provides that a higher education investment district is created upon adoption of a resolution providing for the creation of such a district by the county legislative authority or county legislative authorities in which the proposed district is located.
-- 2007 REGULAR SESSION --
Mar 19First reading, referred to Higher Education.